City Council - Formal Session

Regular Meeting

Virginia Beach, VA · December 10, 2024

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 December 10, 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- 12:30 PM A. AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2024 Laura Harden, Director – Cherry Bekaert Advisory, LLC B. GENERAL FUND UPDATE 2:45 PM Letitia Shelton, Director – Finance Kevin Kielbasa, Finance Controller C. DEBT MANAGEMENT UPDATE 3:15 PM Letitia Shelton, Director – Finance David Rose, Senior Vice President, and Manager of Public Finance – Davenport & Company Kyle Laux, Senior Vice President – Davenport & Company II. CITY MANAGER'S BRIEFINGS A. CIP RETREAT PRE-BRIEFING: BUILDINGS & ASSETS 3:45 PM Brian Delfenthal, Facilities Administrator – Public Works B. CIP RETREAT PRE-BRIEFING: RETREAT FACILITATOR 4:15 PM Julie Brenman, Chief Operating Officer – Fountainworks Kevin Chatellier, Director – Budget III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:45 PM IV. CITY COUNCIL AGENDA REVIEW 5:00 PM V. INFORMAL SESSION - CONFERENCE ROOM- 5:15 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 1. Motion to Recess to Closed Session VI. FORMAL SESSION - CITY COUNCIL CHAMBER - 6:00 PM A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer B. INVOCATION - Reverend Doug Sasser Pastor, Haygood United Methodist 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. SPECIAL FORMAL SESSION November 26, 2024 2. FORMAL SESSION November 26, 2024 3. INFORMAL AND FORMAL SESSIONS December 3, 2024 H. MAYOR'S PRESENTATION 1. RESOLUTION – Princess Anne Independent News John-Henry Doucette I. PUBLIC HEARINGS 1. DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY 1.54 +/- acre property & 16, 500 +/- square foot structure and all other improvements 2. DECLARATION AND CONVEYANCE OF CITY PROPERTY Approximately 3.18 acres of City-owned property located at the intersection of Princess Anne Road and Community College Place J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCE/RESOLUTIONS Ordinance to DISSOLVE the In-House Pharmacy Exploratory Committee (Requested by the City Council) Ordinance to DISSOLVE the Urban Agriculture Advisory Committee (Requested by the City Council) Ordinance to AUTHORIZE the acquisition of temporary easements, either by agreement or condemnation re the Violet Bank Trail Project, CIP 100558 Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re the Northampton Boulevard and Baker Road Pedestrian Crossing Improvements Project, CIP 100423.091 Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Domi Deeds Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re My Favorite Charity Events Organization, LLC Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Fight CF Foundation Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Kaizen Adaptive Training, Inc. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Aid Another Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Healing of the Soul Ministry Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re STSTLT, Inc. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Alanton Baycliff Recreation Center, Inc Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Powerful Living Ministries Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Pride Industries Ordinance to AMEND Chapter 7, Article III of the City Code re seizure, impound, and disposition of an unlawfully operated all-terrain vehicle or off-road motorcycle operated on a highway or sidewalk within the City Ordinance to AMEND the City Code Section 21-230 re traffic calming at Culver Lane Resolution to AUTHORIZE the City Manager to make administrative preparations re Emergency Medical Services compassionate billing program Ordinance to AMEND the 2024 Housing Choice Voucher Administrative Plan and AUTHORIZE the City Manager to execute the amended plan Ordinance to APPROPRIATE $30,531,524 from the FY2023-24 School Reversion Funds to the Virginia Beach City Public Schools FY2024-25 Operating and Capital Improvement Program (CIP) Requested by the School Board (Deferred from November 19, 2024) L. PLANNING C & C DEVELOPMENT COMPANY, INC., for a Variance to Section 4.4 (c)(1) of Subdivision Regulations re subdivide the 15,000 square foot site into three (3) lots for the construction of three (3) single family dwelling units at 6502 Atlantic Avenue and 203 & 205 65th Street DISTRICT 6 RECOMMENDATION: APPROVAL TIDEWATER STRUCTURES LLC / MATTHEW R. SCORNAVACCHI for a Change in Nonconformity re expansion of an existing dwelling at 514 9th Street DISTRICT 5 RECOMMENDATION: APPROVAL SENTARA VIRGINIA BEACH GENERAL HOSPITAL / SENTARA HOSPITALS for a Change in Nonconformity re replace and reconstruct the existing main entrance sign at 1060 First Colonial Road DISTRICT 6 RECOMMENDATION: APPROVAL SENTARA INDEPENDENCE / MPB INC., for a Change in Nonconformity re replace and reconstruct the existing main entrance sign at 800 Independence Boulevard DISTRICT 9 RECOMMENDATION: APPROVAL GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC., for a Modification of Conditions to a Conditional Use Permit re reduce the size of the building and parking area, and modify the site layout, for the parcel directly south of 2285 London Bridge Road DISTRICT 5 RECOMMENDATION: APPROVAL 6. FRANKLIN GROUP COMPANIES, LLC / TAA CORPORATE CENTER OFFICE PROPERTY, LLC, for a Conditional Change of Zoning from B-2 Community Business to Conditional O-2 Office District and a Conditional Use Permit re housing for seniors & disabled persons and a Variance to Section 4.4(b) of the Subdivision Regulations for a portion of 5366 Virginia Beach Boulevard DISTRICT 4 RECOMMENDATION: APPROVAL TIFFANY COREY-BROWN / FIRST THURSTON, LLC, for a Conditional Use Permit re day- care center at 5701 Thurston Avenue, Suite 103 DISTRICT 4 RECOMMENDATION: APPROVAL JD ENTERPRISES VA, LLC DBA ATLANTIC RENTAL HOMES / LEI XU for a Conditional Use Permit re short term rental at 903 Pacific Avenue, Unit C DISTRICT 5 RECOMMENDATION: STAFF – DENIAL RECOMMENDATION: PLANNING COMMISSION – APPROVAL CHARLES YOUNG / CHARLES A YOUNG for a Conditional Use Permit re short term rental at 933 Pacific Avenue, Unit D DISTRICT 5 RECOMMENDATION: APPROVAL LAKEWOOD HOME BUILDERS / MAH INVESTMENTS, LLC for a Conditional Use Permit re indoor recreation facility at 2000 Virginia Beach Boulevard DISTRICT 6 RECOMMENDATION: APPROVAL M. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD COMMUNITY ORGANIZATION GRANT REVIEW & ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD RESORT ADVISORY COMMISSION STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *************************** 6.I.1 Packet Pg. 6 Communication: DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS) 6.I.1 Packet Pg. 7 Communication: DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS) 6.I.1 Packet Pg. 8 Communication: DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS) 6.I.1 Packet Pg. 9 Communication: DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS) 6.I.1 Packet Pg. 10 Communication: DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS) 6.I.1 Packet Pg. 11 Communication: DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS) 6.I.2 Packet Pg. 12 Communication: DECLARATION AND CONVEYANCE OF CITY PROPERTY 6.I.2 Packet Pg. 13 Communication: DECLARATION AND CONVEYANCE OF CITY PROPERTY 6.I.2 Packet Pg. 14 Communication: DECLARATION AND CONVEYANCE OF CITY PROPERTY 6.I.2 Packet Pg. 15 Communication: DECLARATION AND CONVEYANCE OF CITY PROPERTY 6.I.2 Packet Pg. 16 Communication: DECLARATION AND CONVEYANCE OF CITY PROPERTY 6.I.2 Packet Pg. 17 Communication: DECLARATION AND CONVEYANCE OF CITY PROPERTY 6.K.a Packet Pg. 18 Attachment: Ordinance to Dissolve the inhouse pharmacy and urban ag advisory committee (4371 : (1) Ordinance to Dissolve the In-House 6.K.a Packet Pg. 19 Attachment: Ordinance to Dissolve the inhouse pharmacy and urban ag advisory committee (4371 : (1) Ordinance to Dissolve the In-House 6.K.a Packet Pg. 20 Attachment: Ordinance to Dissolve the inhouse pharmacy and urban ag advisory committee (4371 : (1) Ordinance to Dissolve the In-House 6.K.a Packet Pg. 21 Attachment: Ordinance to authorize acquisition of temporary easements for the Violet Bank Trail project, CIP 100558, either by agreement or 6.K.a Packet Pg. 22 Attachment: Ordinance to authorize acquisition of temporary easements for the Violet Bank Trail project, CIP 100558, either by agreement or 6.K.a Packet Pg. 23 Attachment: Ordinance to authorize acquisition of temporary easements for the Violet Bank Trail project, CIP 100558, either by agreement or 6.K.a Packet Pg. 24 Attachment: Ordinance to authorize acquisition of temporary easements for the Violet Bank Trail project, CIP 100558, either by agreement or 6.K.a Packet Pg. 25 Attachment: Ordinance to authorize acquisition of temporary easements for the Violet Bank Trail project, CIP 100558, either by agreement or 6.K.a Packet Pg. 26 Attachment: Ordinance to authorize acquisition of temporary easements for the Violet Bank Trail project, CIP 100558, either by agreement or 6.K.a Packet Pg. 27 Attachment: Ordinance to authorize acquisition of property in fee simple for the Northampton Boulevard and Baker Road Pedestrian Crossing 6.K.a Packet Pg. 28 Attachment: Ordinance to authorize acquisition of property in fee simple for the Northampton Boulevard and Baker Road Pedestrian Crossing 6.K.a Packet Pg. 29 Attachment: Ordinance to authorize acquisition of property in fee simple for the Northampton Boulevard and Baker Road Pedestrian Crossing 6.K.a Packet Pg. 30 Attachment: Ordinance to authorize acquisition of property in fee simple for the Northampton Boulevard and Baker Road Pedestrian Crossing 6.K.a Packet Pg. 31 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 32 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 33 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 34 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 35 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 36 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 37 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 38 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 39 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 40 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 41 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 42 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 43 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 44 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 45 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 46 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 47 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 48 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 49 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 50 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 51 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 52 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 53 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 54 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 55 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 56 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 57 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 58 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 59 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 60 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 61 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 62 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 63 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 64 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 65 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 66 Attachment: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, 6.K.a Packet Pg. 67 Attachment: Ordinance to Amend Chapter 7, Article III of the City Code, pertaining to the Seizure, Impounding, and Disposition of an Unlawfully 6.K.a Packet Pg. 68 Attachment: Ordinance to Amend Chapter 7, Article III of the City Code, pertaining to the Seizure, Impounding, and Disposition of an Unlawfully 6.K.a Packet Pg. 69 Attachment: Ordinance to Amend Chapter 7, Article III of the City Code, pertaining to the Seizure, Impounding, and Disposition of an Unlawfully 6.K.a Packet Pg. 70 Attachment: Ordinance to Amend City Code Section 21-230 pertaining to Traffic Calming (4370 : Ordinance to Amend City Code Section 21-230 6.K.a Packet Pg. 71 Attachment: Ordinance to Amend City Code Section 21-230 pertaining to Traffic Calming (4370 : Ordinance to Amend City Code Section 21-230 6.K.a Packet Pg. 72 Attachment: Ordinance to Amend City Code Section 21-230 pertaining to Traffic Calming (4370 : Ordinance to Amend City Code Section 21-230 6.K.a Packet Pg. 73 Attachment: Ordinance to Amend City Code Section 21-230 pertaining to Traffic Calming (4370 : Ordinance to Amend City Code Section 21-230 6.K.a Packet Pg. 74 Attachment: Ordinance to Amend City Code Section 21-230 pertaining to Traffic Calming (4370 : Ordinance to Amend City Code Section 21-230 6.K.a Packet Pg. 75 Attachment: Resolution Authorizing the City Manager to Make Administrative Preparations for a Compassionate Billing Program for Emergency 6.K.a Packet Pg. 76 Attachment: Resolution Authorizing the City Manager to Make Administrative Preparations for a Compassionate Billing Program for Emergency 6.K.a Packet Pg. 77 Attachment: Resolution Authorizing the City Manager to Make Administrative Preparations for a Compassionate Billing Program for Emergency 6.K.a Packet Pg. 78 Attachment: Resolution Authorizing the City Manager to Make Administrative Preparations for a Compassionate Billing Program for Emergency 6.K.a Packet Pg. 79 Attachment: Ordinance to Amend the 2024 Housing Choice Voucher Administrative Plan and to Authorize the City Manager to Execute the 6.K.a Packet Pg. 80 Attachment: Ordinance to Amend the 2024 Housing Choice Voucher Administrative Plan and to Authorize the City Manager to Execute the 6.K.a Packet Pg. 81 Attachment: Ordinance to Amend the 2024 Housing Choice Voucher Administrative Plan and to Authorize the City Manager to Execute the 6.K.a Packet Pg. 82 Attachment: Ordinance to Amend the 2024 Housing Choice Voucher Administrative Plan and to Authorize the City Manager to Execute the 6.K.a Packet Pg. 83 Attachment: Ordinance to Amend the 2024 Housing Choice Voucher Administrative Plan and to Authorize the City Manager to Execute the 6.K.a Packet Pg. 84 Attachment: Ordinance to Amend the 2024 Housing Choice Voucher Administrative Plan and to Authorize the City Manager to Execute the 6.K.a Packet Pg. 85 Attachment: Ordinance to Appropriate $30,531,524 in School Reversion and Revenue Sharing Funds to the FY2024-25 Operating and Capital 6.K.a Packet Pg. 86 Attachment: Ordinance to Appropriate $30,531,524 in School Reversion and Revenue Sharing Funds to the FY2024-25 Operating and Capital 6.K.a Packet Pg. 87 Attachment: Ordinance to Appropriate $30,531,524 in School Reversion and Revenue Sharing Funds to the FY2024-25 Operating and Capital 6.K.a Packet Pg. 88 Attachment: Ordinance to Appropriate $30,531,524 in School Reversion and Revenue Sharing Funds to the FY2024-25 Operating and Capital 6.K.a Packet Pg. 89 Attachment: Ordinance to Appropriate $30,531,524 in School Reversion and Revenue Sharing Funds to the FY2024-25 Operating and Capital C & C DEVELOPMENT COMPANY, INC., FOR A VARIANCE TO SECTION 4.4 (C)(1) OF SUBDIVISION REGULATIONS RE SUBDIVIDE THE 15,000 SQUARE FOOT SITE INTO THREE (3) LOTS FOR THE CONSTRUCTION OF THREE (3) SINGLE FAMILY DWELLING UNITS AT 6502 ATLANTIC AVENUE AND 203 & 205 65TH STREET DISTRICT 6 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. 90 6.L.a Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C AND C DEVELOPMENT COMPANY, INC. [Applicant & Property Owner] Subdivision Variance (Variance to Section 4.4(c)(1) of the Subdivision Regulations) for the property located at 6502 Atlantic Avenue and 203 & 205 65th Street (GPIN 2419731540). COUNCIL DISTRICT 6 (Remick) MEETING DATE: December 10, 2024  Background: The applicant intends to subdivide the 15,000 square foot site into three lots for the construction of three single-family dwellings. The subject property consists of two 7,500 square foot lots, which were legally created, and contains two existing duplexes for a total of four dwelling units. The property is zoned R-5R Residential District, which requires a minimum lot area of 5,000 square feet and a minimum lot width of 50 feet for single-family dwellings. The three proposed lots meet these dimensional standards; however, Section 4.4(c)(1) of the Subdivision Regulations requires that “corner lots shall be platted not less than ten (10) feet wider than the minimum required by the zoning ordinance for interior lots in the district.” Since the proposed corner lot is required to have a minimum width of 60 feet, a Subdivision Variance is required to allow for a width of 50 feet.  Considerations: The existing lots are currently developed with two legally non-conforming duplexes. In the R-5R Zoning District, duplexes require a minimum lot area of 10,000 while single-family residences require a minimum lot area of 5,000 square feet. The proposal for the three single-family dwellings, requiring 15,000 square feet, would be more conforming with regards to lot area than the existing two duplexes, which would typically require 20,000 square feet of total lot area. The two proposed interior lots will meet the dimensional requirements of the Ordinance entirely, while the proposed corner lot will only be deficient in lot width. The existing corner lot, “Lot 6,” however, also does not meet this standard and is 50 feet wide – the same as the proposed corner lot of this application. Every lot created under the plat entitled “Subdivision of Cape Henry, Section – E” which was recorded in the early 1900s, was 50 feet in width, so this would not be out of character with the neighborhood, nor would it represent a greater nonconformity above current conditions. The property can construct two duplexes by-right, or four single-family detached dwellings under the provisions of the North End Overlay District. This proposal would decrease the potential density and allow for the recommendation of conditions to address the high impervious surface coverage and stormwater drainage issues of the area. Packet Pg. 91 6.L.a C and C Development Company, Inc. Page 2 of 3 Further details pertaining to the application, as well as Staff’s evaluation, are Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C provided in the attached Staff Report. One letter of support and one letter of opposition were received for this request.  Recommendation: On November 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1. When the lots are platted, they shall be platted substantially as shown on the exhibit entitled, “6502 Residential Subdivision”, prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. When the corner lot is developed, it shall comply with the recommendations of the North End Suburban Focus Area section of the Comprehensive Plan. This shall be achieved using porous materials for driveways, walkways and other similar surfaces to mitigate stormwater impacts and through the use of attractive and high-quality building materials capable of withstanding severe weather events for the single-family dwellings. 3. Each lot is approved for the construction of one single-family dwelling only as its principal use. A note must be included on the final plat restating this condition. 4. The proposed single-family dwellings shall meet the minimum dimensional requirements of the R-5R Residential (NE) North End Overlay zoning district, unless a BZA variance is granted by the Board of Zoning Appeals for the corner lot. If a BZA Variance is required, the variance shall be granted on the property prior to the site plan approval for the proposed single-family dwelling. 5. The proposed driveways will be required to meet Public Works Standards for residential entrances in the North Beach Area, in that each single residential unit may have one twelve-foot (12’) wide driveway to tie into the proposed on-site parking spaces. This standard shall be adhered to in order to maximize on-street public parking in this area.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (1) Letter(s) of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Packet Pg. 92 6.L.a C and C Development Company, Inc. Page 3 of 3 Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C Submitting Department/Agency: Planning Department City Manager: Packet Pg. 93 6.L.a Agenda Item 12 Applicant & Property Owner: C and C Development Company, Inc. Planning Commission Public Hearing: November 13, 2024 Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C City Council District: District 6 (Remick) Project Details Request Subdivision Variance (Variance to Section 4.4(c)(1) of the Subdivision Regulations) Staﬀ Recommendation Approval Staﬀ Planner Aubrey A. Trebilcock Location 6502 Atlantic Avenue, 203 & 205 65th Street GPIN 2419731540 Site Size 15,000 square feet AICUZ Less than 65 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District Duplexes / R-5R Residential Surrounding Land Uses and Zoning Districts North Single-family dwelling / R-5R Residential South 65th Street Single-family dwellings / R-5R Residential East Atlantic Avenue Duplex / R-5R Residential West Duplex / R-5R Residential C and C Development Company, Inc. Agenda Item 12 page 1 of 14 Packet Pg. 94 6.L.a Background & Summary of Proposal • The applicant intends to subdivide the 15,000 square foot subject property (GPIN 24197315400000) into Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C three lots for the construction of three single-family dwellings. • The subject property consists of two 7,500 square foot lots that were legally created and described as “Lots 5 and 6, in Block 18, Section ‘E’”, as shown on the plat entitled “Subdivision of Cape Henry, Section – E” (Map Book 1, Page 8b). • The existing uses on the subject property are two duplexes, which are addressed as 6502 Atlantic Avenue and 203 and 205 65th Street. • The zoning for the proposed lots is R-5R Residential Resort District, which requires a minimum lot area of 5,000 square feet and a minimum lot width of 50 feet for single-family dwellings. The proposed lots are also within the North End Overlay District. The three proposed lots meet the dimensional standards of the Zoning District; however, Section 4.4(c)(1) of the Subdivision Regulations requires that “corner lots shall be platted not less than ten (10) feet wider than the minimum required by the zoning ordinance for interior lots in the district.” The proposed lot at the corner of Atlantic Avenue and 65th Street would therefore be required to have a 60-foot width. The applicant is requesting a Subdivision Variance to remove this requirement and develop the corner lot with a 50-foot width. • The applicant intends to request setback variances from the Board of Zoning Appeals for the front and street side setbacks of the corner lot. The proposed layout for the dwelling would have a 12-foot front setback rather than the required 20-foot front setback and a 12-foot street side setback rather than the required 18-foot side setback. Zoning History Map Key No. Request CUP (Short-Term Rental) Approved 1 10/20/2020 CUP (Short-Term Rental) Approved 2 08/25/2020 C and C Development Company, Inc. Agenda Item 12 page 2 of 14 Packet Pg. 95 6.L.a Application Types CUP: Conditional Use Permit MDP: Modiﬁcation of Proﬀers SVR: Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C CRZ: Conditional Rezoning STC: Street Closure STR: Short Term Rental MDC: Modiﬁcation of FVR: Floodplain Variance Conditions ALT: Alternative Compliance Evaluation & Recommendation 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. The intention of this proposal is to subdivide two legally created lots into three lots each to be developed with a single-family dwelling. The existing lots are currently developed with two legally non-conforming duplexes. In the R-5R Zoning District, duplexes require a minimum of 10,000 square feet in lot area while single-family residences require 5,000 square feet. The proposal for the three single-family dwellings, requiring 15,000 square feet, would be more conforming with regards to the lot area requirement than the existing two duplexes, which would normally require 20,000 square feet of total lot area. The two proposed interior lots would meet the dimensional requirements of the Ordinance entirely, while the proposed corner lot would only be deﬁcient in lot width. The existing corner lot, “Lot 6,” however, also does not meet this standard and is 50 feet wide – the same as the proposed corner lot of this application. Every lot created under the plat entitled “Subdivision of Cape Henry, Section – E” was 50 feet in width, so this would not be out of character with the neighborhood, nor would it represent a greater nonconformity above current conditions. The North Virginia Beach Civic League (NVBCL) Zoning Review Committee (ZRC) has provided a statement to Staﬀ, which is also included in the supplemental items, concurring that this proposal echoes the predominant pattern of development within the North End and represents the best option for the neighborhood. The property lies within the North End Suburban Focus Area, which the Comprehensive Plan describes as being characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage, and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. The property can by-right construct two duplexes, or four single-family detached dwellings under the provisions of the North End Overlay District. This proposal would decrease the potential density and C and C Development Company, Inc. Agenda Item 12 page 3 of 14 Packet Pg. 96 6.L.a allow for the recommendation of conditions to address the high impervious surface coverage and stormwater drainage issues of the area. Conditions have been included for the corner lot for the use of porous materials for sidewalks and driveways to help address these concerns as well as for high-quality building materials to Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C help the future dwellings withstand coastal weather events. As this application would not increase the nonconformity of the uses and addresses the concerns of the Comprehensive Plan for the North End Suburban Focus Area, Staﬀ is recommending approval subject to the conditions provided. Recommended Conditions 1. When the lots are platted, they shall be platted substantially as shown on the exhibit entitled, “6502 Residential Subdivision”, prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on ﬁle with the Virginia Beach Department of Planning. 2. When the corner lot is developed, it shall comply with the recommendations of the North End Suburban Focus Area section of the Comprehensive Plan. This shall be achieved using porous materials for driveways, walkways and other similar surfaces to mitigate stormwater impacts and through the use of attractive and high-quality building materials capable of withstanding severe weather events for the single-family dwellings. 3. Each lot is approved for the construction of one single-family dwelling only as its principal use. A note must be included on the ﬁnal plat restating this condition. 4. The proposed single-family dwellings shall meet the minimum dimensional requirements of the R-5R Residential (NE) North End Overlay zoning district, unless a BZA variance is granted by the Board of Zoning Appeals for the corner lot. If a BZA Variance is required, the variance shall be granted on the property prior to the site plan approval for the proposed single-family dwelling. 5. The proposed driveways will be required to meet Public Works Standards for residential entrances in the North Beach Area, in that each single residential unit may have one twelve-foot (12’) wide driveway to tie into the proposed on-site parking spaces. This standard shall be adhered to in order to maximize on-street public parking in this area. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Oﬃce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. C and C Development Company, Inc. Agenda Item 12 page 4 of 14 Packet Pg. 97 6.L.a Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as lying within the North End Suburban Focus Area, Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C which extends from 42nd Street to 89th Street and located on both sides of Atlantic Avenue. The North End SFA is characterized by a compact arrangement of single-family and duplex dwelling units with much of the land zoned Residential Resort District (R-5R). Moreover, the North End area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. The City seeks to implement drainage improvements in the North End area to help alleviate these situations. Recommendations for this area include parcel consolidation, density stabilization and the use of ‘Best Management Practices’ for stormwater control should be part of reconstruction eﬀorts. Improvement and reconstruction should also use porous materials for driveways, walkways and other similar surfaces, wherever feasible, to achieve a net reduction of impervious coverage. Finally, attractive and high-quality materials capable of withstanding severe weather events should be used. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean Watershed. No wetlands, ﬂoodplains subject to special restrictions, or watershed buﬀer areas lie within the subject site. No negative impact to any natural or cultural resources is anticipated. There are no known historic or cultural resources that will be aﬀected by this project. Traﬃc Impacts/Transportation Traﬃc Counts Street Name Present Volume Present Capacity Generated Traﬃc Existing Land Use 2 – 40 ADT 65th Street No data available 9,900 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 30 ADT 25,100 ADT 1 (LOS 4 Included in Generated Traﬃc Atlantic Avenue 13,100 ADT1 “D”) numbers above 1 Average Daily Trips 2As deﬁned by two 3As deﬁned by three 4LOS = Level of duplexes single-family Service dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this site is proposed to be from the two-lane feeder roadway that parallels Atlantic Avenue. This site also borders 65th Street and Atlantic Avenue. 65th Street is a two-lane local roadway Atlantic Avenue is a four- C and C Development Company, Inc. Agenda Item 12 page 5 of 14 Packet Pg. 98 6.L.a lane minor urban arterial with a one-hundred-twenty-foot (120’) right-of-way width. No roadway CIP projects are currently planned for any street in this location. Active Transportation Plan Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C The Active Transportation Plan shows future bike lanes along Atlantic Avenue, however, they are not anticipated to impact the subject property. Sidewalks are recommended within the right-of-way along 65th Street and Atlantic Avenue as future pedestrian facilities. Public Utility Impacts Water City water is available. Sewer City sanitary sewer is available. Public Outreach Information Planning Commission • The applicant reported that they met with the Zoning and Land Use Subcommittee of the North Virginia Beach Civic League, and no objections were raised. One letter of opposition was received by Staﬀ. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 2024. • This Staﬀ report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of virginiabeach.gov/pc on November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 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 December 6, 2024. C and C Development Company, Inc. Agenda Item 12 page 6 of 14 Packet Pg. 99 Existing Site Layout C and C Development Company, Inc. Agenda Item 12 page 7 of 14 Packet Pg. 100 6.L.a Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C Proposed Site Layout C and C Development Company, Inc. Agenda Item 12 page 8 of 14 Packet Pg. 101 6.L.a Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C Corner Single-Family Dwelling Rendering C and C Development Company, Inc. Agenda Item 12 page 9 of 14 Packet Pg. 102 6.L.a Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C Site Photos C and C Development Company, Inc. Agenda Item 12 page 10 of 14 Packet Pg. 103 6.L.a Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C Site Photos C and C Development Company, Inc. Agenda Item 12 page 11 of 14 Packet Pg. 104 6.L.a Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C Disclosure Statement C and C Development Company, Inc. Agenda Item 12 page 12 of 14 Packet Pg. 105 6.L.a Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C 6.L.a Disclosure Statement Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C 11/21/2024 Marchelle L. Coleman 11/21/2024 C and C Development Company, Inc. Agenda Item 12 page 13 of 14 Packet Pg. 106 6.L.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C Council public hearing. Staﬀ will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staﬀ. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain veriﬁcation that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Oﬃce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. C and C Development Company, Inc. Agenda Item 12 page 14 of 14 Packet Pg. 107 6.L.a Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development t Atlan R5R(NE) R5R(NE) enue ic Av R5R(NE) R5R(NE) R5R Str eet 65th nt Atla Street 65th R5R(NE) ic Av R5R(NE) R5R(NE) R5R(NE) enue Site Property Polygons Zoning C and C Development Company 6502 Atlantic Avenue, 603 & 605 65th Street μ Feet 012.525 50 75 100 125 Packet150 Pg. 108 Building 6.L.a Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C Virginia Beach Planning Commission November 13, 2024 Public Meeting Item #12 C and C Development Company Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: Next item? Madam Clerk: Item #12 C and C Development Company. Mr. Bourdon: Eddie Bourdon Virginia Beach Attorney representing C and C, both Chris and Michael Edel are here with us this afternoon. There's a letters of support from the residents who live directly across 65th Street on the south side, and the property abutting the property on the north side of the subject property. As Aubrey indicated in the informal and the staff report, and appreciate Aubrey's work on this application. The property today consists of two 50 by 150 foot lots that front on the Feeder Road, the corner lot being non-conforming, in its lot width to today's requirements for lot width that didn't exist when the entirety of the north end was subdivided. On those two lots, there exists today two duplexes, a total of four residential units that have been there for some 60 plus years. The properties as they currently exist can be redeveloped with either two duplexes because they're legally non-conforming duplex lots, or with four standalone units under the old beach to meet the old beach. That's where it started, but now it's also at the north end overlay district. My clients who've done this previously the north end, and the north end Civic League in my 40 years of doing this has always been very favorable to reducing density, and doing single-family homes on these non-conforming lots, which in this case where our lots are the two interior lots or the western two lots are completely conforming, and the corner lot is conforming except for the fact that today's ordinance requires a 60 foot wide a lot in this district, and in other districts that's similar 10 foot or 10% additional in the corner, and that's there for one reason because these subdivision ordinance anticipates that all the residential streets will be 50 feet wide with a 30-foot pavement section, and so the intent being, and when you have a corner lot, you have you have two streets and the same would be true on the side as well as in the front. At the north end, however, we have a lot of roads that are planted a whole lot wider than 50 feet, and at the north end there have been over the years scores, and scores of variances on corner lots because 95% of them are 50 foot wide, and so you have a situation where there's a hardship, and there is basis for granting a variance, and that would that would be the case with regard to the corner lot that is the subject of this application today, and when we've met with the North End Civic League zoning and land use subcommittee went through all this, they recognized that they would grant that side yard adjacent variance all the time, and this is less of a variance for that, and that will go to the Board of Zoning Appeals. You all aren't voting on that today, then what is routinely recommended Packet Pg. 109 6.L.a and routinely approved at the north end of Virginia Beach, and also along some of Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C the subdivisions in Shore Drive and Croatan. A little bit different situation we have same thing 50 foot lots in the R-10 district that are corner lots. It's a very common situation, it's why we have a Board of Zoning Appeals, but the lots that we're proposing are completely in character with the north end, and the only one that requires this variance, the subdivision variance is the corner lot, and it goes from a current corner lot, oriented east-west rather than north-south, that's only 50 feet wide upon, which we can build a duplex. So with the subdivision that duplex nonconformity goes away completely, all that can be built on these three lots are single-family homes on each one because that existing legal nonconformity disappears when the property is re-subdivided, that goes away entirely. It didn't have to be a condition, that's the law. So what this achieves is three single-family homes on two lots that are 100% conforming, another lot that is conforming to the character of the north end without a doubt, but I doesn't have 60 feet of width. If it had 60 feet of width, it would be the exception, it would be the irregular, the nonconforming because it's at the north end, and it's again seems true as Croatan, and a lot of the subdivisions that were done back in the 30s, 40s, and 50s before we had zoning in 1954. So that's why, this is not the situation that existed on 73rd Street which some of you may or may not know about, and I'm not going to go into all that, but that's a situation that's caused some concerns at the north end, and not going to go down that road, but it was situation where 30-foot lots and trying to make them 40-foot lots, the Civic League decided that wasn't a good idea, and it's not an argument about that, but this is a situation that is 100% a good idea because it's doing what the character of the neighborhood is, and that's 50-foot lots whether they be corner or not, and the conditions as recommended by staff are acceptable to the applicants, and be happy to answer any questions. Mr. Alcaraz: Any questions for Mr. Burdon? Mr. Plumlee: I am making it clear, the reason why this is a reduction is because you cannot build duplexes going further, going after this. It cannot be done. Mr. Bourdon: Absolutely, cannot be done. Once the subdivision goes to record you cannot build a duplex on any of these lots. The only lots, and there are a ton of them at the north end that have duplexes on them, that are non-conforming, but they existed before we had zoning, and that's why they continue, and can continue, and that includes the property that is directly to the west of us. Now I will say this that Chris and Michael had spoken to the folks, who are recent purchasers of that duplex, and we hope that with a better understanding of what this is that they will not have the objection, that they've raised, but their property has a duplex on it. It's an old one, it can be torn down in a larger one built, and that lot is the same as the two lots, the one next to theirs, and the one east of that, and those lots will be developed with a Packet Pg. 110 6.L.a single-family home that will meet every zoning requirement. Now those two lots Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C are not subject to this application, and therefore technically, legally, you can't make that a condition, but we're telling you. I mean we've told the Civil League, the BCA wouldn't grant us a variance on either of those two lots. Both of those houses will access from 65th Street, just like everybody else on 65th Street, nothing different than anybody else on 65th Street, and they'll have single-family homes on them that will meet every setback requirement, lot coverage restriction, and the north end is the only place in the City of Virginia Beach R-5 and R-10 the north end that has an impervious surface limitation of 60%, and they will meet that as does the corner lot. Mr. Plumlee: By the way the citation in the in the comp plan is 1-91, and it talks about density stabilization, and that's the point on the north end. I need to, I need to highlight that when I have an opportunity like this because fire, water, use of enjoyment of your land, it's of a high-high sensitivity on the north end, and so reducing density and stabilizing to say, hey, the future is not going to change on you, that's the point. We can we can make that the historic district that it is, and preserve it, that's my view, that's not the law, but thank you for answering that question clearly. Mr. Bourdon: If I can add, that provision in the comp plan about stabilization. Again, I've lived this for the last, 35 to 40 years. It's been a back and forth in a debate at the north end because if you go back 30 years or 40 years, the vast majority of the properties were single-family, and a tremendous amount of redevelopment has taken place and until the overlay which the North End Civic League was wise to get on board with, it was done first in Old Beach. Since that's been adopted, we haven't had anywhere near the same number of duplexes. We have had a lot of two small cottage single-family on one lot, but that's why it's there is because they in the comp plan because the North End Civic League desired to not see all the single-family homes turn into duplexes, and two units on each one, and this is consistent with that intent that's in the comprehensive plan, and that's it has been done before. This isn't the first time we've done almost identical same thing over the years, and I certainly think it's in everybody's better interest, but appreciate staff's work on this, and the conditions are acceptable. Mr. Alcaraz: Any other questions? Ms. Hippen: I see on the on the concept here that's pictured, that you've got the corner home parking behind, and it came up during the informal session, where's the parking going to be for the other two homes. Mr. Bourdon: It is in front. Packet Pg. 111 6.L.a Ms. Hippen: Okay. I just wanted to make sure. Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C Mr. Bourdon: To be clear, that's technically, it is behind. It's actually the house will face the Feeder Road, so it's really the side, but it is also the rear, and the owners of the property adjacent are building a very significant single-family, our signers to one of those letters. They have seen this plan, and totally have no objection to this plan. They're in support of the variance. Ms. Hippen: Okay. So their ingress will be from 65th. Mr. Bourdon: The two western lots absolutely. Only the corner lot that'll come off the Feeder Road, and so feeder Road property to the north that butts it, they're completely in support of this application this plan. The folks who have concerns live to the west on 65th Street adjacent to the third lot back that's totally conforming. Ms. Hippen: Alright. Thank you. Mr. Alcaraz: Any other questions? None. Mr. Bourdon, I appreciate the Edels doing what they're doing. They're getting rid of the nonconforming. They're making it less, and they're also getting the density less, so I appreciate that. Right now, I'm going to open it for discussion. If there aren't any, I'll take a motion. I have motion by Mr. Plumlee. Second by Ms. Hippen. Is there any discussion. None, we will vote. Madam Clerk: Vote is open. By a vote of 10:0 Item #12 C and C Development Company has been recommended for approval. Mr. Bourdon: Mr. Chairman, I would like for a second to wish everybody happy Thanksgiving, and since it is this season, and Ms. Byler did such a nice job with the prayer, I want to thank each and every one of you for all the time you sacrificed to our city to engage in this process, and it is a time-consuming endeavor, and for that all of our citizens, and I'm certainly very appreciative, and thank you very much. Mr. Alcaraz: Thank you. Alright, that concludes our formal session. Thank you. Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Packet Pg. 112 6.L.a Hippen X Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C Mauch X Parks X Plumlee X Conditions 1. When the lots are platted, they shall be platted substantially as shown on the exhibit entitled, “6502 Residential Subdivision”, prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. When the corner lot is developed, it shall comply with the recommendations of the North End Suburban Focus Area section of the Comprehensive Plan. This shall be achieved using porous materials for driveways, walkways and other similar surfaces to mitigate stormwater impacts and through the use of attractive and high-quality building materials capable of withstanding severe weather events for the single-family dwellings. 3. Each lot is approved for the construction of one single-family dwelling only as its principal use. A note must be included on the final plat restating this condition. 4. The proposed single-family dwellings shall meet the minimum dimensional requirements of the R-5R Residential (NE) North End Overlay zoning district, unless a BZA variance is granted by the Board of Zoning Appeals for the corner lot. If a BZA Variance is required, the variance shall be granted on the property prior to the site plan approval for the proposed single- family dwelling. 5. The proposed driveways will be required to meet Public Works Standards for residential entrances in the North Beach Area, in that each single residential unit may have one twelve- foot (12’) wide driveway to tie into the proposed on-site parking spaces. This standard shall be adhered to in order to maximize on-street public parking in this area. 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. Packet Pg. 113 Packet Pg. 114 6.L.a Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C 6.L.a From: William Neway To: Aubrey A. Trebilcock; Super Hot Wifey Attachment: 01_ARF Package for C and C Development Company, Inc. (4382 : C and C Development Company Property Owner: C And C Subject: C & C development company, inc Date: Wednesday, November 13, 2024 8:15:17 AM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning & Community Development: The property at 603 & 605 65th St was recently sold to a developer. We strongly oppose the restructuring or rezoning of the aforementioned lot. The purchaser of the property knew what the lay out of the lot was prior to buying the property. They should have to build on the existing approved lot as is. Restructuring the property so that 3 homes may be built only benefits the builder. This is purely for personal and corporate profit. Despite what has been said that this is for the better of the neighborhood. The best case scenario would be to build 2 single family homes on the property with reasonable size lots and a yard. Cramming 3 single family homes or 2 duplexes only adds to the congestion and overcrowding which is happening all over the country. Again this is purely at the benefit of corporate bottom lines. They continue to build "cookie cutter" homers without any charm or personality and place as many as possible in a lot. This has to stop! Please keep The North End of Virginia Beach a unique and desirable community to raise a family. Thank you, Will and Emily -- William E. Neway III D.O. FAOAO, FAAOS Orthopaedic Trauma & Spine Surgeon Cell: (205) 603-7473 Packet Pg. 115 TIDEWATER STRUCTURES LLC / MATTHEW R. SCORNAVACCHI FOR A CHANGE IN NONCONFORMITY RE EXPANSION OF AN EXISTING DWELLING AT 514 9TH STREET DISTRICT 5 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 116 6.L.a Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TIDEWATER STRUCTURES, LLC [Applicant] MATTHEW R SCORNAVACCHI [Property Owner] Change in Nonconformity for the property located at 514 9th Street (GPIN 2427039916). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: December 10, 2024  Background: The applicant is requesting a Change in Nonconformity to expand a legally non- conforming duplex by constructing a 352-square-foot addition to the rear portion of the first floor and a 72-square-foot to the rear portion of the second floor. A Conditional Use Permit was approved by the City Council on January 8, 1979, to allow for the construction of the duplex. At the time, the site was zoned R-7 Residential which allowed duplexes with a Conditional Use Permit. In August of 1985, the City Council amended the Zoning Ordinance regulations for the R-7 zoning district, eliminating duplexes as a conditional use. Subsequently, in 1988, the R-7 Residential District became the R-5S Single Family District which does not permit duplexes, resulting in the subject site becoming legally nonconforming. The overall design of the proposed additions will be in keeping with the existing structure. The proposed materials are consistent with other new construction in the area and are of a high quality.  Considerations: The request for a Change in Nonconformity is consistent with the recommendations of the Resort Area SGA. The proposed enlargement is limited in scope and is in keeping with the development pattern of the surrounding area. 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 November 13, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The proposed enlargement shall be developed substantially in conformance to the site plan entitled “PHYSICAL SURVEY OF Lot 16, BLOCK 26, SHADOW LAWN HEIGHTS, VIRGINIA BEACH, VIRGINIA, M. B. 7 P.14 FOR J-MAT SOLUTIONS, INC.”, dated February 27, 2014, prepared by DKT Associates Packet Pg. 117 6.L.a Tidewater Structures, LLC Page 2 of 2 Land Surveyors, which has been exhibited to the Virginia Beach City Council Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi and is on file with the Department of Planning & Community Development. 2. The exterior of the proposed building expansion shall substantially adhere in appearance, size, and materials to the building elevations entitled “Residence@ 514 9th Street Virginia Beach, Virginia – Exterior Elevations, Drawing Number A201,” dated May 31, 2024, prepared by Onespace Architects, which is exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 118 6.L.a Agenda Item 6 Applicant: Tidewater Structures LLC Property Owner: Matthew R Scornavacchi Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi Planning Commission Public Hearing: November 13, 2024 City Council District: District 5 (Wilson) Project Details Request Change in Nonconformity Staﬀ Recommendation Approval Staﬀ Planner Alexis Bailey Location 514 9th Street GPIN 2427039916 Site Size 3,000 square feet AICUZ 70-75 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District Duplex / R-5S Residential Surrounding Land Uses and Zoning Districts North 9th Street Apartments / A-12 Apartment South Lake Holly / R-5S Residential East Duplex / R-5S Residential West Duplex / R-5S Residential Tidewater Structures LLC Agenda Item 6 page 1 of 17 Packet Pg. 119 6.L.a Background & Summary of Proposal • The applicant seeks a Change in Nonconformity to build an addition to an existing legally nonconforming Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi duplex in the Shadow Lawn Heights neighborhood. The approximately 3,000 square foot parcel is zoned R- 5S Residential and is located within the Resort Area Strategic Growth Area (SGA). Both the lot and the existing duplex are nonconforming with the current standards in the Zoning Ordinance. • On January 8, 1979, City Council approved a Conditional Use Permit to build duplexes on a portion of 9th Street to include 514 9th Street. At the time, the site was zoned R-7 Residential which allowed duplexes with a Conditional Use Permit. In August of 1985, City Council amended the Zoning Ordinance regulations for R-7 Residential eliminating duplexes as a conditional use in order to preserve the predominantly single- family residential character of the Shadow Lawn community. Subsequently, in 1988 the R-7 Residential District became the R-5S Residential Single-Family District which does not permit duplexes resulting in the subject site becoming legally nonconforming. • The applicant seeks to enlarge the existing unit by adding a 352-square-foot addition to the rear portion of the ﬁrst ﬂoor and a 72-square-foot addition on the second ﬂoor. The ﬁrst ﬂoor addition will consist of a bedroom, media room, sitting room, bathroom, and kitchen. The second ﬂoor improvements include a new sunroom, reconstruction of an existing deck, and improved access to the deck. These additions will provide increased ease of living and accessibility to the homeowner who is a permanently disabled military veteran. • The proposed additions will be in keeping with the existing structure and include 30-year architectural asphalt shingles, exterior vinyl siding, and corner trim in colors to match the existing materials. • There is an existing shed on the site that does not meet the ﬁve foot setback requirement. The shed will be removed from the site during construction and will not be reinstalled. Tidewater Structures LLC Agenda Item 6 page 2 of 17 Packet Pg. 120 6.L.a Zoning History Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi # Request 1 NON Approved 06/15/2021 CUP (Short Term Rental) Approved 10/20/2020 CUP (Short Term Rental) Approved 10/20/2020 2 CUP (Short Term Rental) Approved 10/20/2020 CUP (Short Term Rental) Approved 10/20/2020 3 CUP (Short Term Rental) Approved 02/04/2020 4 REZ Approved 05/08/2001 5 NON Approved 06/27/2000 Application Types CUP: Conditional Use Permit MDP: Modiﬁcation of Proﬀers SVR: Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC: Street Closure STR: Short Term Rental MDC: Modiﬁcation of FVR: Floodplain Variance Conditions ALT: Alternative Compliance Evaluation & Recommendation This request for a Change in Nonconformity to expand the existing legally nonconforming duplex is, in Staﬀ’s opinion, acceptable. The proposed enlargement is limited in scope and is in keeping with the development pattern of the surrounding area. The applicant has submitted detailed plans, which depict an attractive addition in a design similar with surrounding residential dwellings. A similar request for an expansion to a legally nonconforming duplex was previously approved for an adjacent property. Based on these considerations, the request is recommended for approval by Staﬀ, subject to the conditions listed below. Recommended Conditions 1. The proposed enlargement shall be developed substantially in conformance to the site plan entitled “PHYSICAL SURVEY OF Lot 16, BLOCK 26, SHADOW LAWN HEIGHTS, VIRGINIA BEACH, VIRGINIA, M. B. 7 P.14 FOR J-MAT SOLUTIONS, INC.”, dated February 27, 2014, prepared by DKT Associates Land Surveyors, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Department of Planning & Community Development. Tidewater Structures LLC Agenda Item 6 page 3 of 17 Packet Pg. 121 6.L.a 2. The exterior of the proposed building expansion shall substantially adhere in appearance, size, and materials to the building elevations entitled “Residence@ 514 9th Street Virginia Beach, Virginia – Exterior Elevations, Drawing Number A201,” dated May 31, 2024, prepared by Onespace Architects, which is Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi exhibited to the Virginia Beach City Council and is on ﬁle with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Oﬃce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The site falls within the Resort Area SGA. Based on the RASAP 2030, applicable principles for this project are “respecting the neighborhood context, keep blocks to neighborhood scale, and place windows, doors, and porches to allow for maximum neighborly interaction with the street and with other neighbors” (p. 51, RASAP). Site plans submitted show proposed additions that are compatible with the neighborhood context and scale of the surrounding properties. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed and in the Special Flood Hazard Area, Zone AE with a Base Flood Elevation of 8.0 Feet. Based on information submitted to Permits and Inspections, the proposed project will be considered a substantial improvement (improvements are valued at more than 50% of the value of the structure) and will require the entire structure to comply with all provisions of Appendix K, Floodplain Ordinance. Based on the submitted Elevation Certiﬁcate, the existing structure will not need to be elevated, as the existing ﬁnished ﬂoor elevation exceeds the required 2 feet of freeboard. The proposed addition can match the existing ﬁnished ﬂoor elevation. Flood vents will need to be added to the crawl space of the existing structure, as well as the addition, and all mechanical equipment servicing the structure must be elevated to at least the design ﬂood elevation (10.0 feet). There are known historic or cultural resources that will be aﬀected by this project. Traﬃc Impacts/Transportation Traﬃc Counts Tidewater Structures LLC Agenda Item 6 page 4 of 17 Packet Pg. 122 6.L.a Street Name Present Volume Present Capacity Generated Traﬃc Existing Land Use 2 – 20 ADT 9th Street No Counts Available 9,900 ADT (LOS “D”) 1 4 Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi Proposed Land Use 3 – 20 ADT 1 Average Daily Trips 2 As deﬁned by one 3 As deﬁned by one 4 LOS = Level of duplex duplex Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 9th Street in the vicinity of this site is a two lane local street. This section of 9th Street is not addressed in the MTP. There are no CIP projects planned for this area. Public Utility Impacts Water & Sewer The site is connected to city water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 2024. • This Staﬀ report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of virginiabeach.gov/pc on November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 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 December 6, 2024. Tidewater Structures LLC Agenda Item 6 page 5 of 17 Packet Pg. 123 Resolution Tidewater Structures LLC Agenda Item 6 page 6 of 17 Packet Pg. 124 6.L.a Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi Resolution Tidewater Structures LLC Agenda Item 6 page 7 of 17 Packet Pg. 125 6.L.a Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi Proposed Site Layout Tidewater Structures LLC Agenda Item 6 page 8 of 17 Packet Pg. 126 6.L.a Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi Proposed Building Elevations Tidewater Structures LLC Agenda Item 6 page 9 of 17 Packet Pg. 127 6.L.a Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi Proposed Floor Plan Tidewater Structures LLC Agenda Item 6 page 10 of 17 Packet Pg. 128 6.L.a Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi Proposed Building Renderings Tidewater Structures LLC Agenda Item 6 page 11 of 17 Packet Pg. 129 6.L.a Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi Proposed Building Renderings Tidewater Structures LLC Agenda Item 6 page 12 of 17 Packet Pg. 130 6.L.a Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi Site Photos Tidewater Structures LLC Agenda Item 6 page 13 of 17 Packet Pg. 131 6.L.a Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi Disclosure Statement Tidewater Structures LLC Agenda Item 6 page 14 of 17 Packet Pg. 132 6.L.a Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi Disclosure Statement Alexis Bailey 11/19/2024 11/21/2024 Tidewater Structures LLC Agenda Item 6 page 15 of 17 Packet Pg. 133 6.L.a Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi Disclosure Statement Tidewater Structures LLC Agenda Item 6 page 16 of 17 Packet Pg. 134 6.L.a Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi 6.L.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi 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. Tidewater Structures LLC Agenda Item 6 page 17 of 17 Packet Pg. 135 6.L.a A12 A12 R5S reet Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property R5S h St A12 A12 9t Str eet Baltic 9th Walk A18 A18 R5S ue Aven R5S R5S nean terra Medi R5S R5S R5S R5S Site Property Polygons Zoning Tidewater Structures LLC 514 9th Street μ Feet 012.525 50 75 100 125 Packet150 Pg. 136 Building 6.L.a Virginia Beach Planning Commission November 13, 2024 Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi Public Meeting Item #6 Tidewater Structures, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Our next item is item #6, Tidewater Structures, LLC. If a representative come forward. Welcome. Will Honeycutt:Good afternoon. Here we have a home addition and remodel for a disabled veteran to have better access for his home, and have you know a cooking and living space downstairs on the first story. We're not changing any type of use on the property, but it is zoned incorrectly. Ms. Cuellar: Thank you, and could you please state your name for the record? Mr. Honeycutt: Name is Will Honeycutt. Ms. Cuellar: Mr. Honeycutt are the conditions acceptable to you? Mr. Honeycutt: Yes ma'am. Ms. Cuellar: Thank you very much. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Parks to read this into the record. Mr. Parks: Thank you. The applicant seeks a change in nonconformity to build an addition onto an existing legally nonconforming duplex in the Shadow Lawn Heights neighborhood. The applicant seeks to enlarge the existing unit by adding a 352 square foot addition at the rear portion of the first floor, and a 72 square foot addition on the second floor. These additions will provide increased ease of living and accessibility to the homeowner who is permanently disabled military veteran. The proposed additions will be keeping with the existing structure and include 30- year architectural asphalt shingles exterior volume sidle and corner trim. Hearing no oppositions, and a favorable staff recommendation, we felt it was appropriate for the consent agenda. Ms. Cuellar: Thank you very much. We will now place on the consent agenda applications # 4, 6, 9, 10 and 11. Mr. Alcaraz: Alright. Thank you. Do I hear a motion for consent as read by vice-chair? Packet Pg. 137 6.L.a Ms. Cuellar: Yes, I move that these items be approved by consent with the amended condition Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi for the vinyl fence to be included in agenda #9. Mr. Alcaraz: Second by Ms. Hippin. Is there anyone abstaining? Mr. Plumlee: Yes. I'm abstaining from items 10 and 11 for the reasons set forth in a letter with the City Attorney's Office. Mr. Alcaraz: Alright, thank you. Mr. Parks: I just realized, I'd like to disclose that RMM does do business with Sentara, but I do not personally. So there should not be any conflict of interest. Mr. Alcaraz: Thank you for letting us know. Vote is open. Madam Clerk: Vote is now open. By a vote of 9:0, with one abstention on items 10 and 11 items 4, 6, 9, 10, and 11 have been recommended for approval by consent. Mr. Alcaraz: Okay, thank you. Alright, so your application was approved. If you could see your representative at the planning department, they'll let you know when you'll be in front of City Council. Congratulations. Packet Pg. 138 6.L.a Vote Tally Attachment: 02_ARF Package for Tidewater Structures, LLC (4376 : Tidewater Structures LLC Property Owner: Matthew R Scornavacchi AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. The proposed enlargement shall be developed substantially in conformance to the site plan entitled “PHYSICAL SURVEY OF Lot 16, BLOCK 26, SHADOW LAWN HEIGHTS, VIRGINIA BEACH, VIRGINIA, M. B. 7 P.14 FOR J-MAT SOLUTIONS, INC.”, dated February 27, 2014, prepared by DKT Associates Land Surveyors, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Department of Planning & Community Development. 2. The exterior of the proposed building expansion shall substantially adhere in appearance, size, and materials to the building elevations entitled “Residence@ 514 9th Street Virginia Beach, Virginia – Exterior Elevations, Drawing Number A201,” dated May 31, 2024, prepared by Onespace Architects, which is exhibited to the Virginia Beach City Council and is on ﬁle with the Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division. 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. Packet Pg. 139 SENTARA VIRGINIA BEACH GENERAL HOSPITAL / SENTARA HOSPITALS FOR A CHANGE IN NONCONFORMITY RE REPLACE AND RECONSTRUCT THE EXISTING MAIN ENTRANCE SIGN AT 1060 FIRST COLONIAL ROAD DISTRICT 6 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. 140 6.L.a Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SENTARA VIRGINIA BEACH GENERAL HOSPITAL [Applicant] SENTARA HOSPITALS [Property Owner] Change in Nonconformity (Electronic Display Sign) for the property located at 1060 First Colonial Road (GPIN 2408633987). COUNCIL DISTRICT 6 (Remick) MEETING DATE: December 10, 2024  Background: The applicant seeks a Change in Nonconformity to replace and reconstruct the existing main entrance sign for the Sentara hospital which includes an existing legally nonconforming electronic display sign element. The approximately 1,256,131 square foot parcel is zoned O-2 Office.  Considerations: On June 22, 2010, City Council approved a City Zoning Ordinance amendment that defined “electronic display sign” and prohibited such signs in all zoning districts. The existing nonconforming electronic display sign was installed in 2004, per the applicant. While there are no existing records of a sign permit for an electronic display sign for this property, an electronic display sign would have been permitted on this property until June 22, 2010, with an approved sign and building permit. The proposed improvement is in keeping with the existing signage on the site and allows for an aesthetic update to the hospital campus. 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 November 13, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0 with one abstention. 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled “Sentara, Virginia Beach General Hospital, 1060 First Colonial Road, Virginia Beach, VA 23454” dated August 2024, prepared by AGI, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. Packet Pg. 141 6.L.a Sentara Virginia Beach General Hospital Page 2 of 2 Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara 3. The exact placement of the proposed sign shall meet the requirements of the City Zoning Ordinance in regard to required setbacks.  Attachments: Staff Report and Disclosure Statements Location Map Sign Plan Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 142 6.L.a Agenda Item 10 Applicant: Sentara Virginia Beach General Hospital Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara Property Owner: Sentara Hospitals Planning Commission Public Hearing: November 13, 2024 City Council District: District 6 (Remick) Project Details Request Change in Nonconformity (Electronic Display Sign) Staﬀ Recommendation Approval Staﬀ Planner Garek H. Hannigan Location 1060 First Colonial Road GPIN 24086339870000 Site Size 1,256,131 square feet AICUZ 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Hospital / O-2 Oﬃce Surrounding Land Uses and Zoning Districts North First Colonial Road Oﬃces, Clinic / O-2 Oﬃce South Parking Lot, Oﬃces / O-2 Oﬃce East Faculties Lane Parking Lot / Conditional O-2 Oﬃce West First Colonial Road Oﬃces, Outdoor Market / O-2 Oﬃce Sentara Virginia Beach General Hospital Agenda Item 10 page 1 of 13 Packet Pg. 143 6.L.a Background & Summary of Proposal Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara • The applicant seeks a Change in Nonconformity to replace and reconstruct the existing main entrance sign for the Sentara hospital which includes an existing legally nonconforming electronic display sign element. The approximately 1,256,131 square foot parcel is zoned O-2 Oﬃce. • The existing nonconforming electronic display sign was installed in 2004, per the applicant. While there are no existing records of a sign permit for an electronic display sign for this property, an electronic display sign would have been permitted on this property until June 22, 2010, with an approved sign and building permit. • On June 22, 2010, City Council approved a City Zoning Ordinance amendment that deﬁned “electronic display sign” and prohibit such signs in all zoning districts. This amendment was initiated by City Council on August 25, 2009, and went through a Planning Commission public workshop and meeting process, and multiple City Council subcommittee meetings prior to City Council approval. Zoning History Map Key No. Request CRZ (O-2 to Conditional B-2) 1 Approved 12/05/2017 REZ (A-18 to O-2) Approved 2 03/09/1987 CUP (Assisted Living and Retirement Facility) Approved 02/11/1997 3 MDC (Assisted Living and Retirement Facility) Approved 04/29/1997 CUP (Housing for Seniors and 4 Disabled Person) Approved 02/12/2002 CUP (Farm Stand) Approved 03/15/2016 5 MDC (Farm Stand) Approved 12/11/2018 CUP (Cafeteria within an Oﬃce Building) Approved 12/14/1999 6 CUP (Public or Private College and Beauty Salon) Approved 03/10/2009 CUP (Home Occupation) Approved 7 12/08/1999 Sentara Virginia Beach General Hospital Agenda Item 10 page 2 of 13 Packet Pg. 144 6.L.a Application Types CUP: Conditional Use Permit MDP: Modiﬁcation of Proﬀers SVR: Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara CRZ: Conditional Rezoning STC: Street Closure STR: Short Term Rental MDC: Modiﬁcation of FVR: Floodplain Variance Conditions ALT: Alternative Compliance Evaluation & Recommendation This request for a Change in Nonconformity to replace and reconstruct the existing electronic display sign for the Sentara Independence hospital, in Staﬀ’s opinion, is acceptable. The proposed improvement is in keeping with the existing signage on the site and allows for an aesthetic update to the hospital campus. The applicant has submitted a signage plan which depict the proposed signage upgrade. Based on these considerations, the request is recommended for approval by Staﬀ, subject to the conditions listed below. Recommended Conditions 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled “Sentara, Virginia Beach General Hospital, 1060 First Colonial Road, Virginia Beach, VA 23454” dated August 2024, prepared by AGI, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 3. The exact placement of the proposed sign shall meet the requirements of the City Zoning Ordinance in regard to required setbacks. 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. Sentara Virginia Beach General Hospital Agenda Item 10 page 3 of 13 Packet Pg. 145 6.L.a Comprehensive Plan Recommendations Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara The applicant is seeking a Change in Nonconformity at 1060 First Colonial Road to replace the main entrance sign. This project falls within the Suburban and in the First Colonial Medical Corridor SFA. Non-residential uses in the Suburban Area should be complementary and in the First Colonial Medical Corridor SFA there should be priority for medical and healthcare uses (p. 1-87). Based on the Comprehensive Plan Policy Document, the Suburban Area should “create and maintain neighborhood stability and sustainability” (p.1-60). Comprehensive Planning staﬀ sees this replacement as an appropriate use and request so as long as it complies with the zoning and lighting ordinance. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. This project will not have any adverse impacts on any cultural resources. Public Utility Impacts Water & Sewer The site is connected to city water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 2024. • This Staﬀ report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of virginiabeach.gov/pc on November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 2024. Sentara Virginia Beach General Hospital Agenda Item 10 page 4 of 13 Packet Pg. 146 6.L.a • The City Clerk’s Oﬃce posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on December 6, 2024. Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara Sentara Virginia Beach General Hospital Agenda Item 10 page 5 of 13 Packet Pg. 147 Location of Proposed Sign Sentara Virginia Beach General Hospital Agenda Item 10 page 6 of 13 Packet Pg. 148 6.L.a Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara Proposed Sign Sentara Virginia Beach General Hospital Agenda Item 10 page 7 of 13 Packet Pg. 149 6.L.a Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara Site Photo Sentara Virginia Beach General Hospital Agenda Item 10 page 8 of 13 Packet Pg. 150 6.L.a Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara Disclosure Statement Sentara Virginia Beach General Hospital Agenda Item 10 page 9 of 13 Packet Pg. 151 6.L.a Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara Disclosure Statement Sentara Virginia Beach General Hospital Agenda Item 10 page 10 of 13 Packet Pg. 152 6.L.a Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara 6.L.a Disclosure Statement Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara 11/22/2024 Garek Hall Hannigan 11/25/2024 Sentara Virginia Beach General Hospital Agenda Item 10 page 11 of 13 Packet Pg. 153 Disclosure Statement Sentara Virginia Beach General Hospital Agenda Item 10 page 12 of 13 Packet Pg. 154 6.L.a Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara 6.L.a Next Steps Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara • 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. Sentara Virginia Beach General Hospital Agenda Item 10 page 13 of 13 Packet Pg. 155 6.L.a O2 A18 R30 O2 O2 O2 O2 R30 R30 O2 ay Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General O2 B2 kw R30 O2 O2 Par R20 O2 O1 B2 a t ion R20 O1 Don Old O2 kway O2 O2 A18 O2 n Par tio e A18 a Don Lan Old es iliti O2 ri ve pD Fac O2 O2 Wis t O Firs R20 Wil l R20 ad O2 O2 Ro R20 R20 ial lon Co A18 A18 O2 O2 A36 A36 R20 R20 R20 Site Property Polygons Zoning Sentara Virginia Beach General Hospital 1060 First Colonial Road μ Feet 0 65130 260 390 520 Packet 650 Pg. 780156 Building 6.L.a Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara Virginia Beach General Hospital 1060 First Colonial Road Virginia Beach, VA 23454 August 2024 2655 International Parkway Virginia Beach, VA 23452 757.427.1900 Toll Free: 800.877.7868 www.AGI.net Packet Pg. 157 First B01 Site Overview 1060 First Colonial Rd ID: 1341 1060 First Colonial Road Packet Pg. 158 6.L.a Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara B01 6.L.a 1060 First Colonial Road Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara Return to Map EXISTING Sign Type: Pylon Sign Code: XX Location: Main Public Entrance Quantity: 1 Illumination: Internal Condition: Good Assessment: Retrofit Dimensions: OAH: 10'-11" OAW: 6'-4" HOG: Detail Side A: Detail Side B: Rendering: Comment: RECOMMENDATION Action: Remove & Replace Sign Type: Pylon Sign Code: SEN-PID-3-VBGH Quantity: 1 Attachment: Base Illumination: Internal Illumination Bar Code: Approx. Size: H: 12' OAH: 13'6" W: 16'6" SQFT: 222.75 Comment: Verify existing footing, flower bed dimensions & distance from power lines Technical Survey: XX Code Compliance: XX Recommended Side A: Recommended Side B: ID:1018 Packet Pg. 159 6.L.a Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara Virginia Beach Planning Commission November 13, 2024 Public Meeting Item#10 Sentara Virginia Beach General Hospital Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Our next item is item #10, Sentara Virginia Beach Hospital. Mr. Seger: Good afternoon, Planning Commission, and thank you for putting us on the consent agenda today. For the record my name is Josh Seger, Corporate Director of Construction for Sentara. Sentara is going through a system-wide branding update and as a part of that mobile to our hospitals across Virginia Beach are being rebranded. Same Sentara color and name, just a little different spacing and font a little different look. Included in that is the opportunity to upgrade two of our digital signs, one at Virginia Beach General, and the subsequent agenda item at Sentara Independence with modern technology. These digital signs not only provide a landmark for these locations, but also provide educational and informational assistance for folks that may be passing by including virtual support for breast cancer, educational services, community wellness screenings and events, Medicare, Medicaid events and other educational opportunities. Thank you for your consideration. Ms. Cuellar: Yeah, thank you Mr. Seger. You also mentioned, just stay right there for a moment, our next agenda item which was #11 in which you're also representing, and just for the record, you do agree to all the conditions? Mr. Seger: Yes, we do. Ms. Cuellar: Thank you very much. Is there any opposition to items #10 and 11 being on the consent agenda? Hearing none, Commissioner Mauch has agreed to read both of them into the record. Mr. Mauch: The applicant seeks a change in non-conformity to replace and reconstruct the existing main entrance sign for the Sentara Hospital, which includes an existing legally non-conforming electronic display sign element. Hearing no opposition and a favorable staff recommendation, we find it acceptable to be placed on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last items for the consent agenda. We will now place on the consent agenda applications # 4, 6, 9, 10 and 11. Mr. Alcaraz: Alright. Thank you. Do I hear a motion for consent as read by vice-chair? Packet Pg. 160 6.L.a Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara Ms. Cuellar: Yes I move that these items be approved by consent with the amended condition for the vinyl fence to be included in agenda #9. Mr. Alcaraz: Second by Ms. Hippin. Is there anyone abstaining? Mr. Plumlee: Yes. I'm abstaining from items 10 and 11 for the reasons set forth in a letter with the City Attorney's Office. Mr. Alcaraz: Alright, thank you. Mr. Parks: I just realized, I'd like to disclose that RMM does do business with Sentara, but I do not personally. So there should not be any conflict of interest. Mr. Alcaraz: Thank you for letting us know. Vote is open. Madam Clerk: Vote is now open. By a vote of 9:0, with one abstention on items 10 and 11 items 4, 6, 9, 10, and 11 have been recommended for approval by consent. Mr. Alcaraz: Okay, thank you. Alright, so your application was approved. If you could see your representative at the planning department, they'll let you know when you'll be in front of City Council. Congratulations. Vote Tally AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Packet Pg. 161 6.L.a Attachment: 03_ARF Package for Sentara Virginia Beach Hospital (4380 : Sentara Virginia Beach General Hospital Property Owner: Sentara Conditions 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled “Sentara, Virginia Beach General Hospital, 1060 First Colonial Road, Virginia Beach, VA 23454” dated August 2024, prepared by AGI, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 3. The exact placement of the proposed sign shall meet the requirements of the City Zoning Ordinance in regard to required setbacks. 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. Packet Pg. 162 SENTARA INDEPENDENCE / MPB INC., FOR A CHANGE IN NONCONFORMITY RE REPLACE AND RECONSTRUCT THE EXISTING MAIN ENTRANCE SIGN AT 800 INDEPENDENCE BOULEVARD DISTRICT 9 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 163 6.L.a Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SENTARA INDEPENDENCE [Applicant] MPB, INC. [Property Owner] Change in Nonconformity (Electronic Display Sign) for the property located at 800 Independence Boulevard (GPIN 1478548255). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: December 10, 2024  Background: The applicant seeks a Change in Nonconformity to replace and reconstruct the existing main entrance sign for the Sentara hospital which includes an existing legally nonconforming electronic display sign element. The approximately 561,668 square foot parcel is zoned Conditional O-2 Office.  Considerations: On June 22, 2010, City Council approved a City Zoning Ordinance amendment that defined “electronic display sign” and prohibited such signs in all zoning districts. The existing nonconforming electronic display sign was installed in 2004, per the applicant. While there are no existing records of a sign permit for an electronic display sign for this property, an electronic display sign would have been permitted on this property until June 22, 2010, with an approved sign and building permit. The proposed improvement is in keeping with the existing signage on the site and allows for an aesthetic update to the hospital campus. 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 November 13, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0 with one abstention. 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled “Sentara, Sentara Independence, 800 Independence Blvd, Virginia Beach, VA 23455” dated August 2024, prepared by AGI, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. Packet Pg. 164 6.L.a Sentara Independence Page 2 of 2 Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity 3. The exact placement of the proposed sign shall meet the requirements of the City Zoning Ordinance in regard to required setbacks.  Attachments: Staff Report and Disclosure Statements Location Map Sign Plan Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 165 6.L.a Agenda Item 11 Applicant: Sentara Independence Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity Property Owner: MPB Inc. Planning Commission Public Hearing: November 13, 2024 City Council District: District 9 (Schulman) Project Details Request Change in Nonconformity (Electronic Display Sign) Staﬀ Recommendation Approval Staﬀ Planner Garek H. Hannigan Location 800 Independence Blvd GPIN 14785482550000 Site Size 561,668 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Hospital / Conditional O-2 Oﬃce Surrounding Land Uses and Zoning Districts North Bayside Library / R-10 Residential South Parking Lot / R-15 Residential East Residential Subdivision / R-10, R-20 Residential West Independence Blvd Apartment Complex / A-18 Apartment Sentara Independence Agenda Item 11 page 1 of 12 Packet Pg. 166 6.L.a Background & Summary of Proposal Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity • The applicant seeks a Change in Nonconformity to replace and reconstruct the existing main entrance sign for the Sentara hospital which includes an existing legally nonconforming electronic display sign element. The approximately 561,668 square foot parcel is zoned Conditional O-2 Oﬃce. • The existing nonconforming electronic display sign was installed in 2004, per the applicant. While there are no existing records of a sign permit for an electronic display sign for this property, an electronic display sign would have been permitted on this property until June 22, 2010, with an approved sign and building permit. • On June 22, 2010, City Council approved a City Zoning Ordinance amendment that deﬁned “electronic display sign” and prohibit such signs in all zoning districts. This amendment was initiated by City Council on August 25, 2009, and went through a Planning Commission public workshop and meeting process, and multiple City Council subcommittee meetings prior to City Council approval. Zoning History Map Key No. Request REZ (B-2 to A-36) Approved 1 12/03/2013 2 STC Approved 10/21/2003 CRZ (A-12, R-15 to Conditional O-2) Approved 05/08/2012 3 CUP (Hospital Expansion) Approved 04/26/1994 CUP (Car Wash) Approved 4 07/01/1997 CUP (Religious Use) Approved 5 05/11/2010 CRZ (A-12 to Conditional O-1) 6 Approved 08/17/2021 CUP (Religious Use) Approved 7 03/20/2018 Application Types CUP: Conditional Use Permit MDP: Modiﬁcation of Proﬀers SVR: Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC: Street Closure STR: Short Term Rental MDC: Modiﬁcation of FVR: Floodplain Variance Conditions ALT: Alternative Compliance Sentara Independence Agenda Item 11 page 2 of 12 Packet Pg. 167 6.L.a Evaluation & Recommendation Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity This request for a Change in Nonconformity to replace and reconstruct the existing electronic display sign for the Sentara Independence hospital, in Staﬀ’s opinion, is acceptable. The proposed improvement is in keeping with the existing signage on the site and allows for an aesthetic update to the hospital campus. The applicant has submitted a signage plan which depict the proposed signage upgrade. Based on these considerations, the request is recommended for approval by Staﬀ, subject to the conditions listed below. Recommended Conditions 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled “Sentara, Sentara Independence, 800 Independence Blvd, Virginia Beach, VA 23455” dated August 2024, prepared by AGI, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 3. The exact placement of the proposed sign shall meet the requirements of the City Zoning Ordinance in regard to required setbacks. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Oﬃce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The applicant is seeking a Change in Nonconformity at 800 Independence Boulevard to replace the main entrance sign. This project falls within the Suburban Area. Non-residential uses in the Suburban Area should be complementary. Based on the Comprehensive Plan Policy Document, the Suburban Area should “create and maintain neighborhood stability and sustainability” (p.1-60). Comprehensive Planning staﬀ sees this replacement as an appropriate use and request so as long as it complies with the zoning and lighting ordinance. Sentara Independence Agenda Item 11 page 3 of 12 Packet Pg. 168 6.L.a Natural & Cultural Resources Impacts Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity The site is located in the Chesapeake Bay Watershed. This site is situated across North Witchduck Rd. from the Old Donation Church Historic and Cultural Overlay District. The proposed electronic display sign, however, is located along Independence Blvd and is approximately 0.2 miles from the historic resource; therefore, the Old Donation Church will not be aﬀected by this project. Public Utility Impacts Water & Sewer The site is connected to city water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 2024. • This Staﬀ report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of virginiabeach.gov/pc on November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 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 December 6, 2024. Sentara Independence Agenda Item 11 page 4 of 12 Packet Pg. 169 Location of Proposed Sign Sentara Independence Agenda Item 11 page 5 of 12 Packet Pg. 170 6.L.a Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity Proposed Sign Sentara Independence Agenda Item 11 page 6 of 12 Packet Pg. 171 6.L.a Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity Site Photos Sentara Independence Agenda Item 11 page 7 of 12 Packet Pg. 172 6.L.a Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity Disclosure Statement Sentara Independence Agenda Item 11 page 8 of 12 Packet Pg. 173 6.L.a Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity Disclosure Statement Sentara Independence Agenda Item 11 page 9 of 12 Packet Pg. 174 6.L.a Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity Disclosure Statement Garek Hall Hannigan 11/22/2024 11/25/2024 Sentara Independence Agenda Item 11 page 10 of 12 Packet Pg. 175 6.L.a Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity Disclosure Statement Sentara Independence Agenda Item 11 page 11 of 12 Packet Pg. 176 6.L.a Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity 6.L.a Next Steps Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity • 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. Sentara Independence Agenda Item 11 page 12 of 12 Packet Pg. 177 6.L.a A36 A36 R10 R10 A18 A18 R10 R10 Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: A24 A24 rt R10 u Ka Co st R10 evar R20 b y er na R20 Boul r Ar ch Ba R10 ence R10 O2 pend R20 R20 R20 R20il Tra Inde A18 A18 O2 O2 ds en fri ad R20 R20 A12 d Ro Al ck A12 du h urt ti c R7.5 Co W o B2 h O1 P1 P1 B2 B2 So B2 O1 A12 B2 Site Property Polygons Zoning Sentara Independence 800 Independence Boulevard μ Feet 0 55 110 220 330 440Packet 550 Pg.660 178 Building 6.L.a Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity Sentara Independence 800 Independence Blvd Virginia Beach, VA 23455 August 2024 2655 International Parkway Virginia Beach, VA 23452 757.427.1900 Toll Free: 800.877.7868 www.AGI.net Packet Pg. 179 WF06 Site Overview 800 Independence Blvd ID: 1029 800 Independence Blvd Packet Pg. 180 6.L.a Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity Asset Summary 6.L.a WF06 800 Independence Blvd Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity Return to Map EXISTING Sign Type: Pylon Sign Code: XX Location: Faces Main Thoroughfare Quantity: 1 Illumination: Internal Condition: Good Assessment: Retro-fit Dimensions: OAH: 11'-8" OAW: 6'-6" HOG: Detail Side A: Detail Side B: Rendering: Comment: RECOMMENDATION Action: Remove and replace Sign Type: Pylon Sign Code: SEN-PID-1-CUSTOM Quantity: 1 Attachment: Footer Illumination: Internal Bar Code: Approx. Size: H: 12'-0" W: 8'-0" SQFT: 128 Comment: Confirm we can use the existing foundation and verify the power supply 120V or 277V Technical Survey: Required Code Compliance: Recommended Side A: Recommended Side B: ID: 1029 - Packet Pg. 181 6.L.a Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity Virginia Beach Planning Commission November 13, 2024 Public Meeting Item #11 Sentara Independence Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Our next item is item #10, Sentara Virginia Beach Hospital. Mr. Seger: Good afternoon, Planning Commission, and thank you for putting us on the consent agenda today. For the record my name is Josh Seger, Corporate Director of Construction for Sentara. Sentara is going through a system-wide branding update and as a part of that mobile to our hospitals across Virginia Beach are being rebranded. Same Sentara color and name, just a little different spacing and font a little different look. Included in that is the opportunity to upgrade two of our digital signs, one at Virginia Beach General, and the subsequent agenda item at Sentara Independence with modern technology. These digital signs not only provide a landmark for these locations, but also provide educational and informational assistance for folks that may be passing by including virtual support for breast cancer, educational services, community wellness screenings and events, Medicare, Medicaid events and other educational opportunities. Thank you for your consideration. Ms. Cuellar: Yeah, thank you Mr. Seger. You also mentioned, just stay right there for a moment, our next agenda item which was #11 in which you're also representing, and just for the record, you do agree to all the conditions? Mr. Seger: Yes, we do. Ms. Cuellar: Thank you very much. Is there any opposition to items #10 and 11 being on the consent agenda? Hearing none, Commissioner Mauch has agreed to read both of them into the record. Mr. Mauch: The applicant seeks a change in non-conformity to replace and reconstruct the existing main entrance sign for the Sentara Hospital, which includes an existing legally non-conforming electronic display sign element. Hearing no opposition and a favorable staff recommendation, we find it acceptable to be placed on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last items for the consent agenda. We will now place on the consent agenda applications # 4, 6, 9, 10 and 11. Mr. Alcaraz: Alright. Thank you. Do I hear a motion for consent as read by vice-chair? Packet Pg. 182 6.L.a Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity Ms. Cuellar: Yes I move that these items be approved by consent with the amended condition for the vinyl fence to be included in agenda #9. Mr. Alcaraz: Second by Ms. Hippin. Is there anyone abstaining? Mr. Plumlee: Yes. I'm abstaining from items 10 and 11 for the reasons set forth in a letter with the City Attorney's Office. Mr. Alcaraz: Alright, thank you. Mr. Parks: I just realized, I'd like to disclose that RMM does do business with Sentara, but I do not personally. So there should not be any conflict of interest. Mr. Alcaraz: Thank you for letting us know. Vote is open. Madam Clerk: Vote is now open. By a vote of 9:0, with one abstention on items 10 and 11 items 4, 6, 9, 10, and 11 have been recommended for approval by consent. Mr. Alcaraz: Okay, thank you. Alright, so your application was approved. If you could see your representative at the planning department, they'll let you know when you'll be in front of City Council. Congratulations. Vote Tally AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Packet Pg. 183 6.L.a Attachment: 04_ ARF Package for Sentara Independence (4381 : Sentara Independence Property Owner: MPB INC Change in Nonconformity Conditions 1. The proposed signage shall be developed in substantial conformance with the submitted sign plan entitled “Sentara, Virginia Beach General Hospital, 1060 First Colonial Road, Virginia Beach, VA 23454” dated August 2024, prepared by AGI, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development. 3. The exact placement of the proposed sign shall meet the requirements of the City Zoning Ordinance in regard to required setbacks. 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. Packet Pg. 184 GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC., FOR A MODIFICATION OF CONDITIONS TO A CONDITIONAL USE PERMIT RE REDUCE THE SIZE OF THE BUILDING AND PARKING AREA, AND MODIFY THE SITE LAYOUT, FOR THE PARCEL DIRECTLY SOUTH OF 2285 LONDON BRIDGE ROAD DISTRICT 5 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 185 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit for the parcel directly south of 2285 London Bridge Road (GPIN 2405700297). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: December 10, 2024  Background: A Conditional Use Permit for a Religious Use was approved by the City Council on November 7, 2017, and subsequently modified in 2021. The applicant is seeking a Modification of Conditions to amend the concept plan and conditions associated with the 2021 Modification. The new plans include a reduction in both building size, and parking as well as shifting the proposed structure closer to London Bridge Road. The updated plan includes a 26,000 square foot building with a 500-seat sanctuary and 214 parking spaces. The building will be no greater than 35 feet in height with high quality building materials consisting of painted EIFS, aluminum cladding, and wood slat paneling.  Considerations: The reduced building sized and parking area will result in an overall reduction of impervious surface allowing for the retention of existing green space. The proposed reduction in the sanctuary from 800 seats to 500 seats should generate less traffic that the initial proposal. The applicant is proposing to retain the landscape screening shown on the 2021 approve plan to buffer the site from the adjacent residential and agricultural parcels. A preliminary stormwater management analysis was provided to the Development Services Center (DSC) outlining the updated stormwater strategy for this site. The DSC has reviewed the preliminary stormwater analysis and finds that it has the potential to successfully comply with stormwater regulations for this site. While the applicant is proposing a 10-foot tall monument sign, staff has included a condition to limit the height of the sign to 8 feet as was approved with the 2021 request. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. A letter of concern was received from an adjacent property owner who also spoke in opposition at the Planning Commission hearing. Packet Pg. 186 6.L.a Grace Bible Church of Virginia Beach, Inc Page 2 of 3 Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner:  Recommendation: On November 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1. All conditions of approval attached to the Modification of Conditions granted by City Council on May 4, 2021 shall be deleted and replaced with the following conditions. 2. When the church site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, “CUP – Modification of Conditions,” prepared by WPL, date 10/16/2024, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the elevations entitled, “Grace Bible Church Red Mill Campus,” prepared by Visioneering Studios, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Department of Planning & Community Development. 4. The height of the proposed building shall not exceed 35 feet in height. 5. The site shall be landscaped in substantial conformance with the concept plan entitled “CUP – Concept Landscape Plan” prepared by WPL, dated 10/16/2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 6. The freestanding sign for the church shall be a monument style sign, with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled,” Grace Bible Church Freestanding Sign,” in terms of materials and color scheme. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. All signage on the site shall meet the requirements of the Zoning Ordinance. 7. All outdoor lights shall be shielded and directed downward to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. All other outdoor lighting fixtures, included building mounted lights, shall not be erected any higher than fourteen (14) feet. 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staff, unless otherwise approved by the Development Services Center. Packet Pg. 187 6.L.a Grace Bible Church of Virginia Beach, Inc Page 3 of 3 Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: 9. The applicant shall obtain all necessary permits and inspections from the Planning Department Permits & Inspections Division and the Fire Department. 10. Parking lot must be at current grade with adjoining property. 11. Existing vegetation on site shall remain.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Concern (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 188 6.L.a Agenda Item 7 Applicant and Property Owner: Grace Bible Church of Virginia Beach, Inc Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: Planning Commission Public Hearing: November 13, 2024 City Council District: District 5 (Wilson) Project Details Request Modiﬁcation of Conditions Staﬀ Recommendation Approval Staﬀ Planner Alexis Bailey Location Parcel directly south of 2285 London Bridge Road GPIN 2405700297 Site Size 13.865 acres AICUZ 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Church / AG-2 Agricultural Surrounding Land Uses and Zoning Districts North London Bridge Road Farm / AG-2 Agricultural South Single-family dwellings / R-10 Residential East Single-family dwellings / R-10 Residential West Open space / P-1 Preservation Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 1 of 19 Packet Pg. 189 6.L.a Background & Summary of Proposal Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: • A Conditional Use Permit for a Religious Use was approved by the City Council on November 7, 2017, and subsequently modiﬁed in 2021. The applicant is now seeking a Modiﬁcation of Conditions to amend the concept plan associated with the 2021 Modiﬁcation. • The proposed modiﬁcations include reducing the size of the building from 45,071 square feet to 26,000 square feet and downsizing the proposed parking area. The applicant also intends to shift the structure closer to London Bridge Road than originally proposed. The proposed changes stem from the stormwater management costs associated with the originally approved plan. • Although not required by the Ordinance, the applicant is retaining the 15-foot wide Category IV Landscape Buﬀer approved with the 2021 Modiﬁcation to provide additional screening for the adjacent residences and agricultural parcels. • The proposed building will be no greater than 35 feet in height with building materials consisting of painted EIFS, aluminum cladding, and wood slat paneling. • The applicant is proposing a 10-foot high monument sign for the church. While staﬀ is supportive of the overall design of the sign but is recommending a condition that the height of the sign be limited to eight feet as was approved with the 2021 Modiﬁcation. • Per Section 203(28.1) Religious Uses require one parking space per ﬁve (5) seats or bench seating space in the main auditorium. A total of 100 parking spaces are required to accommodate the 500-seat sanctuary, while a total of 214 spaces are proposed, thereby exceeding the requirement. Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 2 of 19 Packet Pg. 190 6.L.a Zoning History Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: # Request CUP (Wildlife Rehabilitation Center) Approved 1 06/04/2024 MDC Approved 05/04/2021 2 CUP (Religious Use) Approved 11/07/2017 CUP (Riding Academy) Approved 02/10/1975 MDC Approved 11/17/2015 3 CUP (Recreation) Approved 07/08/2008 CRZ (R-20 to Conditional O-1) Approved 4 12/09/2008 Application Types CUP: Conditional Use Permit MDP: Modiﬁcation of Proﬀers SVR: Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC: Street Closure STR: Short Term Rental MDC: Modiﬁcation of FVR: Floodplain Variance Conditions ALT: Alternative Compliance Evaluation & Recommendation In Staﬀ’s opinion, this proposed Modiﬁcation to the Conditional Use Permit for the Religious Use is acceptable. The proposed revisions, including the reduction to the overall building footprint and reduction in parking area will still be in keeping with the context of the area and should not negatively impact the surrounding residences. The reduction in building size and parking area will result in an overall reduction in impervious surface, providing additional green space on the site. The reduction in the building size will also reduce the capacity of the sanctuary from 800 seats as approved in 2021, to 500 seats with the current proposal which will lessen the traﬃc impact to and from the site. Furthermore, shifting the proposed church closer to London Bridge Road provides increased separation between the proposed development and the adjacent residential properties. In addition to the increased separation, the applicant will retain the 15-foot wide Category IV Landscape Buﬀer proposed and approved with the 2021 approval which will provide additional screening for the adjacent residences and agricultural parcels. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage analysis to the Development Services Center (DSC) outlining their proposed stormwater strategy for the subject site. As a result of their review, the DSC has agreed that the proposed conceptual stormwater strategy has the potential Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 3 of 19 Packet Pg. 191 6.L.a to successfully comply with the stormwater requirements of this site, with a formal review taking place during the site plan review through the DSC. Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: Given the above information, Staﬀ recommends approval of the application subject to the conditions and exhibits included in the staﬀ report. Recommended Conditions 1. All conditions of approval attached to the Modiﬁcation of Conditions granted by City Council on May 4, 2021 shall be deleted and replaced with the following conditions. 2. When the church site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, “CUP – Modiﬁcation of Conditions,” prepared by WPL, date 10/16/2024, which has been exhibited to the Virginia Beach City Council and is on ﬁle in the Virginia Beach Department of Planning & Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the elevations entitled, “Grace Bible Church Red Mill Campus,” prepared by Visioneering Studios, which have been exhibited to the Virginia Beach City Council and are on ﬁle in the Virginia Beach Department of Planning & Community Development. 4. The height of the proposed building shall not exceed 35 feet in height. 5. The site shall be landscaped in substantial conformance with the concept plan entitled “CUP – Concept Landscape Plan” prepared by WPL, dated 10/16/2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 6. The freestanding sign for the church shall be a monument style sign, with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled,” Grace Bible Church Freestanding Sign,” in terms of materials and color scheme. Said exhibit has been exhibited to the Virginia Beach City Council and is on ﬁle in the Virginia Beach Department of Planning & Community Development. All signage on the site shall meet the requirements of the Zoning Ordinance. 7. All outdoor lights shall be shielded and directed downward to direct light and glare onto the premises, said lighting and glare shall be deﬂected, shaded, and focused away from all adjoining property. All other outdoor lighting ﬁxtures, included building mounted lights, shall not be erected any higher than fourteen (14) feet. 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staﬀ, unless otherwise approved by the Development Services Center. Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 4 of 19 Packet Pg. 192 6.L.a 9. The applicant shall obtain all necessary permits and inspections from the Planning Department Permits & Inspections Division and the Fire Department. Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: 10. Parking lot must be at current grade with adjoining property. 11. Existing vegetation on site shall remain. 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. 2021 MDC Conditions 1. All of the conditions attached to the Conditional Use Permit for a Religious Use dated November 7, 2017 are hereby deleted and superseded by the conditions below. 2. When the church site is developed and landscaped, it shall be in substantial conformance with the submitted site layout exhibit entitled “SITE DEVELOPMENT PLANS FOR GRACE BIBLE CHURCH”, dated 1-7- 21, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on ﬁle in the Department of Planning & Community Development. Plantings along the two (2) property lines adjacent to residentially zoned properties shall be allowed to grow and shall be maintained at a height of no less than eight (8) feet. 3. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to ﬁnal site plan approval that contains the plantings and screenings referenced in Condition 2 above that includes but not limited to the following: a. As depicted on the plan as the “15-foot landscape buﬀer”, along adjacent properties that are residentially zoned, a mix of trees and shrubs within a planting area of no less than ﬁfteen (15) feet shall be installed with plants that reach a minimum height of eight (8) feet at maturity; b. As depicted on the plan as the “10-foot +/- landscape buﬀer” at a distance of no more than forty- ﬁve (45) feet from the property lines where improvements are located (parking lot, etc.) a second landscape buﬀer shall be installed to include both a ten (10) foot wide planting area with a mix of evergreen trees and shrubs and a solid privacy fence with a minimum height of six (6) feet. A Site Plan shall not be released until the Landscape Plan is approved by the Development Service Center Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 5 of 19 Packet Pg. 193 6.L.a Landscape Architect. Any dead, diseased, or dying plantings shall be replaced by the next planting cycle. The solid privacy fence shall be maintained in good condition. Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: 4. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, “Grace Bible Church, Strawbridge Campus” [“Phase 1 Elevations” & “Phase 2 Elevations”],prepared by Visioneering Studios, which have been exhibited to the Virginia Beach City Council and are on ﬁle in the Department of Planning & Community Development. 5. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 6. The freestanding sign for the church shall be a monument style sign, with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled, “Proposed Grace Bible Church Monument Sign”, which has been exhibited to the Virginia Beach City Council and is on ﬁle in the Department of Planning & Community Development. 7. All outdoor lights shall be shielded and directed downward to direct light and glare onto the premises, said lighting and glare shall be deﬂected, shaded, and focused away from all adjoining property. All parking lot perimeter lighting between the parking lot and property lines adjacent to residentially zoned properties shall be limited to lighting no taller than four (4) feet. All other outdoor lighting ﬁxtures, including building mounted lights, shall not be erected any higher than fourteen (14) feet. 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staﬀ, unless otherwise approved by the Development Services Center. 9. Parking areas shall be no closer than ninety (90) feet from the adjacent residentially zoned property lines as depicted on the site layout exhibit entitled “SITE DEVELOPMENT PLANS FOR GRACE BIBLE CHURCH”, dated 1-7-21, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on ﬁle in the Department of Planning & Community Development. Stormwater Impacts Project Stormwater Design Staﬀ Summary This project consists of the construction of a religious congregational building for Grace Bible Church along London Bridge Road. Site improvements include a parking lot, access drive, and wet ponds for stormwater management. Stormwater runoﬀ from northern portions of the site currently drain into the storm system along London Bridge Road. Stormwater runoﬀ from southern portions of the site, including an existing farm pond, currently drain south towards the existing drainage system along Windy Pines Bend. The existing farm pond will be ﬁlled in with this development. Stormwater runoﬀ from the proposed site improvements will be collected into stormwater management wet ponds that will continue to drain either into Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 6 of 19 Packet Pg. 194 6.L.a the London Bridge Road or Windy Pines Bend drainage systems and will be designed to demonstrate no negative impacts to either system. The wet ponds will be designed to treat for water quality and water Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: quantity before discharging into the existing drainage systems. Based on the information provided by WPL in the Preliminary Drainage Study, the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with all stormwater regulations. Final design and detailed updates will be made during site plan submittal to ensure conformance with requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 13.87 acres Pre-Development impervious area: 0.95 acres Post-Development impervious area: 5.1 acres Stormwater Management Facility Design Information Type of facility proposed: Wet Ponds Description of outfall: Stormwater runoﬀ from the southern portion of the site will drain into the Pine Ridge subdivision storm system, which leads into the Hunt Club tributary and ultimately discharges into West Neck Creek. Stormwater runoﬀ from the northern portion of the site will drain into the existing storm system along London Bridge Road which leads into the Grey Fox canal and ultimately into Hunt Club tributary and West Neck Creek. Downstream conveyance path: This site is part of Upper West Neck Creek drainage basin. West Neck Creek ultimately drains into the North Landing River, through the Currituck Sound and into the Atlantic Ocean. Comprehensive Plan Recommendations The Comprehensive Plan identiﬁes this property as being within the Suburban Area. The Policy Document of the Comprehensive Plan states that part of the guiding principle to create “Great Neighborhoods” includes the “support (of) those neighborhoods with complementary non-residential uses” (p. 1-60). Based on the Comprehensive Plan Policy Document, it states that new projects in the residential (Suburban) areas are to “promote sustainability and responsive to changes in our environment” (p. 1-61, Comp Plan). The architectural style is seemingly similar to previous approvals with no change in height. As recommended, bike racks should be installed on site for those who choose to elect alternative modes of transportation (p. B-6, Reference Handbook). In Suburban Areas, parking areas should not be dominating street frontages nor located in front of buildings. This project is in an in-between. For greater compatibility, the parking areas shall be well landscaped to screen cars from London Bridge Road (p. B-6, Reference Handbook). With wetlands on site, there should not be any more disturbance to these features than what was originally proposed in the original CUP (p. B-5, Reference Handbook). As such, this project would be considered to be in conformance with the Comprehensive Plan. Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 7 of 19 Packet Pg. 195 6.L.a Natural & Cultural Resources Impacts Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: The site is located in the Southern Rivers watershed and there are no known historic or cultural resources that will be aﬀected by this project. Traﬃc Impacts/Transportation Traﬃc Counts Street Name Present Volume Present Capacity Generated Traﬃc Existing Land Use 2 – 313 ADT weekday, 1,246 ADT Sunday based 32,700 ADT 1 (LOS 4 on 45,100 s.f. church London Bridge Road 18,000 ADT1 “D”) Proposed Land Use 3 – 198 ADT weekday, 818 ADT Sunday based on 26,000 s.f. church 1 Average Daily Trips 2 As deﬁned by an 3 As deﬁned by a 4 LOS = Level of 45,100 SF Religious 26,000 SF Religious Service Use Use Master Transportation Plan (MTP) and Capital Improvement Program (CIP) London Bridge Road, in the vicinity of this site, is a four lane divided minor arterial suburban roadway. London Bridge Road has a variable width, right-of-way, and the MTP shows a divided roadway with a bikeway and an ultimate right-of-way width of 100 feet. Public Utility Impacts Water There is an existing 10-inch city water main along London Bridge Road. The site must connect to city water. Sewer There is an eight-inch city sanitary sewer gravity main along Mayberry Drive. The site must connect to city sanitary sewer. City sanitary sewer does not front the subject parcel, but it lies within the sanitary sewer service area for Mayberry Pump Station #643. Thus, city sanitary gravity sewer must be extended from Mayberry Drive to front the parcel at the developer/owner’s expense in accordance with Section 5.9 of the Subdivision Regulations and as not on the plat titled “SUBDIVISION PLAT OF THE PROPERTY OF MARY H. SMITH REVOCABLE TRUST” recorded on 3/5/2018 (Inst. #20180305000180100). Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 8 of 19 Packet Pg. 196 6.L.a Public Outreach Information Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: Planning Commission • One letter of concern has been received by Staﬀ noting concerns about stormwater and construction created by the Religious Use. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 2024. • This Staﬀ report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of virginiabeach.gov/pc on November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 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 December 6, 2024. Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 9 of 19 Packet Pg. 197 Proposed Conceptual Site Plan Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 10 of 19 Packet Pg. 198 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: Proposed Conceptual Landscape Plan Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 11 of 19 Packet Pg. 199 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: Proposed Building Renderings Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 12 of 19 Packet Pg. 200 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: Proposed Renderings Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 13 of 19 Packet Pg. 201 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: Proposed Monument Sign Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 14 of 19 Packet Pg. 202 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: Site Photos Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 15 of 19 Packet Pg. 203 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: Site Photos Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 16 of 19 Packet Pg. 204 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: Disclosure Statement Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 17 of 19 Packet Pg. 205 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: 6.L.a Disclosure Statement Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: 11/19/2024 11/21/2024 Alexis Bailey Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 18 of 19 Packet Pg. 206 6.L.a Next Steps Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staﬀ will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staﬀ. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain veriﬁcation that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Oﬃce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Grace Bible Church of Virginia Beach, Inc Agenda Item 7 page 19 of 19 Packet Pg. 207 6.L.a R20 R20 O1 R20 AG2 AG2 R20 R20 O1 AG2 e Road AG2 idg Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of R20 Br on Lond Avenue P1 Pine Vie P1 P1 P1 w AG2 AG2 R10 AG2 R20 R20 R10 R10 R10 R10 Lan R10 R10 R10 e R10 Sha R10 R10 dy R10 R10 R10 R10 Site Property Polygons Zoning Grace Bible Church of Virginia Beach Inc. Parcel directly south of 2285 London Bridge Road μ Feet 0 40 80 160 240 320 Packet 400 Pg. 480208 Building 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: Virginia Beach Planning Commission November 13, 2024 Public Meeting Item # 7 Grace Bible Church of Virginia Beach Inc. Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: Guys. Congrats. Just stay in compliance. Next agenda item. Madam Clerk: Our next agenda item is item #7, Grace Bible Church of Virginia Beach Inc. Mr. Bourdon: Good afternoon Chairman Alcaraz, members of the Commission, Eddie Bourdon, Virginia Beach Attorney representing Grace Bible Church. Before I get into this application. I want to just follow on to what y'all just discussed, and it's not the city's fault Ms. Byler is absolutely right, but because we do a lot of real estate as y'all know, and there's been a lot of confusion with these, what's grandfather's and what's not. I can't scores of calls over the last five years from people, and from my associates, and partners about it, and I think staff's doing the best they can, and it's getting better, but it's fraught with these kinds of errors. People think their grandfather, and then they're not, and it isn't isolated, it's a there's a lot of it out there, and I think most of it's been handled at this point, but you know, I think you're correct. I think these people are earnestly trying, and it is confusing, so anyway. Sorry to get off on a tangent. Mr. Bourdon: Alright, thank you. I stayed out of the short-term rental thing from the beginning to the end because it is an administrative, and I said it's not a criticism of the of the staff, it's an administrative. I don't say nightmare, but it's a lot to handle, and I think we all know that so. I understand exactly what the Commission's interest is on this. Okay. This particular application, I've been involved with this since 2017, the Smith family owned this property for 60 plus years. Properties all around it developed residentially, and then the Oceana circumstance, the BRAC circumstance all came about, and they are stuck with this 60 acres in the middle of residential area that can't be developed with anything residential on it. Grace Bible came along. The property been marketed for a long-long time, it's really not a great location for commercial, and they in 2017 came in. It's all zoned agriculture by the way. Today including the “out parcels” of the two parcels on London Bridge Road are all zoned agriculture. Anyway, it's 2017 came in got a conditional use permit, they did seek B1A zoning on the two out parcels, and withdrew that because of there being opposition to it, and then got caught up in the stormwater modeling, and are updated and much heralded for good reason stormwater policy changes. Well, turns out that London Bridge Road when it was widened back in the in the early 90s, it's a VDOT project. They didn't do a real good job with the storm water, and the modeling shows that during significant rain events, public water out of the Packet Pg. 209 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: London Bridge Road drainage system dumps on this property, and we heard that back in 2017 and 2021 from the folks in Pine Ridge, who did the engineering for that subdivision, left a little bit to be desired back in the 70s too. So in 21, the church came in and with the modification to put a bunch of underground storage on the property, and build a large church. The reality is it's not economically feasible, and the city staff has been, this isn't a criticism, and they've been helpful throughout the process, and recognize that what I'm saying is accurate, but now because of you know just economic reality of what that all would have cost, we're scaling back on the plans, and you know pushing the building closer to London Bridge Road less impervious surface reducing the size of the of the church, and the size of the parking significantly. We've met with the neighbors to our south and southeast, and you know there's no objection. They were supportive of the original application, which larger church closer to their neighborhood. We've kept the buffer that we had as a condition back then. So, it's really it's just a downsizing to make it economically feasible. We don't know that there'll be any assistance from the city. There is a fund that the city has started, and will continue to add to it. Hopefully every year to help the situations like this where, you know, property owner didn't have anything to do with creating the problem but there's a problem with the drainage from public water coming on to private property, and I'll also note that there's a significant wooded section of this property. There's also a wooded section of the out parcel and front on the western side of it that's not being touched, and that really hopefully soon with some state enabling legislation can be given some stormwater credit because it does help from the stormwater standpoint to have a substantial forested area that is not being developed. Alexis who's done an excellent job. I am going to compliment her on all of her work on this request she said in the staff report. There's really nothing, but a downsizing this taking place here. I will mention that the frontage of this piece of property is 160 feet on London Bridge Road. Mr. Mauch’s concern about the sign. It's been a condition all along that it'd be no more than eight feet in height, and there is the ability, if in fact the elevation of the ground is below the road we can certainly, do some filling a little bit, and raise it up, so it's visible, but we're perfectly fine, have been perfectly fine with the eight foot height all along, and the conditions is recommended are all acceptable to the church. I will be happy to answer any questions that you may have. Mr. Alcaraz: Alright. Mr. Parks? Mr. Parks: Mr. Bourdon, the landscaping on the new plan is even more so on the baseball tip that corrects. Mr. Bourdon: Yeah, that particular doesn't show the landscape buffer. Packet Pg. 210 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: Mr. Parks: But that's the 21 plan, right? Or is that the current one? Mr. Bourdon: That’s the current plan. The 21 plan, the building everything was further back closer to that tip, but there you go. That's the landscape plan from 21 which we're keeping on this plan. Mr. Alcaraz: Alright. Do we have speakers through Webex? Madam Clerk: We have one person that wants to speak it in person. If Michelle Cleland could please come up for speaking on item #7. Mr. Alcaraz: Good afternoon. Just state your name for the record. Ms. Cleland: My name is Michelle Cleland, and I'm the adjacent property owner at 2285 London Bridge. I actually have a lot of frontage on London Bridge that does not drain well as opposed to just the 120 feet that the church does. So I'm actually the parcel that is between their driveway and Pine Ridge. The modification that is presented does not address how the substantial runoff from the proposed parking lot directly abutting my property as well as from the proposed entranceway will be handled. I also request language be included in the permit conditions that will restrict project and that additional facilities will not be added piecemeal in the future as a way to circumvent the original stormwater design. So I respectfully ask for you to defer your vote on the CUP modification until storm water impacts to my property are addressed and verbiage is to restrict future expansion is added. The current staff report itself notes that one of the reasons for, they're recommending approval is that the project's modified orientation pushes it closer to London Bridge, and away from the residences. Well this is closer to me, and I do not feel that the impacts to my property that I've paid taxes on since I purchased it in 23 have been evaluated as carefully during this review as impacts to the residences during previous reviews. For example, where the adjacent parking lot is proposed the current grade slips down from the center of that field towards my property. The permit condition #10 states that parking lots, which have now been shifted “must be at current grade to adjacent properties.” This concerns me greatly what strategy is proposed to handle the significant parking lot runoff, and is it adequate. My pasture that abuts the proposed large entrance driveway is also at risk if the entrance is not designed properly. An adequate stormwater management will flood me out, and significantly degrade the value and use of my current property currently and in the future. So, I hope you understand my high level of concern, and I wasn't here for the several go rounds so if you're hearing. This for the first time there was nobody to speak about Packet Pg. 211 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: this parcel previously. The response to my questions from the stormwater team was basically that details are not required at this time as this is a conceptual plan, however, I don't see a conceptual plan here that addresses all of the runoff from this project, only that portion affecting the residences. The stormwater ponds will not be handling all runoff, so what will? I believe this is a fair question. This part of the project should not be an afterthought as there is significant drainage that is not being directed towards the conceptual stormwater ponds. Condition number eight requires conformance to this conceptual plan, but this plan is incomplete as presented in my opinion. I'm not anti-project, and I sympathize with what the churches been going through for these last several years, and I look forward to good neighbors. I just want a project where all the impacts have been reviewed, Project Creep will not occur, and it can be done right the first time. Mr. Alcaraz: Thank you. That concludes your time Mr. Plumlee: Thank you very much. Your home on this plan that we're looking at? Ms. Cleland: There's no residence allowed by proffer on this. I use this property for agricultural purposes. So I have poultry, I have beehives. I do have a conditional use permit myself for wildlife rehabilitation, and it's all done within the boundaries. Mr. Alcaraz: Was that recent? Ms. Cleland: Yes. Mr. Plumlee: No question you have is unreasonable. Are you having flooding now in that location, and where would it occur roughly. Ms. Cleland: I would not actually term it flooding. I do feel that this area was all a floodplain to begin with. So, I think it's functioning that way. When I do get significant rainfall actually doesn't even have to be that significant. You can have water ponding on the surface, but then it infiltrates. So I do not have major flooding at this time on this property. I'm able to use it exactly how I need to use it. So my biggest concern is that parking lot boundary because everything, you've got an acre of impervious surface that's sloping down towards my property line. Mr. Plumlee: So I've not heard any objection to the use generally, it's strictly the potential for additional runoff. Packet Pg. 212 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: Ms. Cleland: The way this is presented, at least it was to me, is that y'all are gonna be voting on a conceptual plan, and I don't see any details. There's actually, it's been very interesting looking at the other projects that have been presented before this. Are there gonna be ditches? I mean are there conveyances? Are there underground, I mean I just think to wait till after the fact, and this is my only opportunity for public comment. I believe that, I saw what happened at Sherwood Lakes, and to have to see that there are mistakes or oversights that are done in the city has to go in, and put a multi-million dollar pump station in because suddenly I've got three feet of water standing in my and Mr. Dunn's property next to me because really I don't see where conceptually, how is that runoff handled. Mr. Plumlee: Have you been in touch with the stormwater department here. So you voice this concern with them directly. Ms. Cleland: I did and I was told that – Mr. Plumlee: You were informed that after today's meeting you would have a chance to participate in discussions with them, return calls to them, follow up with them, if there is a problem caused by this. Were you informed of that? Ms. Cleland: No, I was not. Mr. Plumlee: I don't know if your ducks will mind the additional water, but I think we can't ask the applicant to address some of your concerns, I really appreciate it. Thank you. Mr. Mauch: I don't think this is necessarily a question for you. I appreciate you coming up, and addressing this concern specifically because a lot of it has to do, we talked about in the informal session, which unfortunately unless you're there you don't get a chance to see it. So these questions, hopefully can be answered through the conversations that we have in our informal, but we are also not privy to seeing the finalized stormwater management that goes on. So we have to take the same as you, the city's word that they're gonna be doing their job, that the developers are gonna be developing it appropriately to the standards that are set, and so we have full faith in our city to do that, understandably things have happened in the past, but moving forward we have standards that are set, and it's one of the most stringent stormwater standards in our country. So I have full faith that if this project is to go through that the stormwater standards would be adhered to. With that being said, you know, I do think that we need to make sure that runoff, if there is any, which there won't because 100% of your water that is supposed to be retained on site, but it would be Packet Pg. 213 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: nice to have continued conversations with the city to make sure that the plans are just that. So thank you, thank you for your comments. Mr. Parks: I just wanted to let you know to that this isn't your last chance to make public comment because this will go before City Council as well, so that would be another opportunity to then make whatever comments make whatever comments you need to make them too. Mr. Alcaraz: Alright. Thank you. You can be seated. Mr. Bourdon: I appreciate Ms. Cleland coming down. The models have been run on the previous larger plan, and they clearly, and Mr. Mauch absolutely correct, we cannot discharge any water beyond what is currently coming off the property now with no development, and the water that is coming off the property today with no development is going to the south. It's not going uphill to London Bridge Road, and during a hundred year storm, the drains that are there on the south side of London Bridge Road adjacent to what was Mrs. Smith's property, water is coming out of those, not going in to those. Alright, so our drainage will go to BMPs that depicted on here could be larger. There's plenty of room. We won't be going into the woods, which we're getting no credit for keeping that as it is for which water does go into there as well from London Bridge Road, in a hundred year storm, but we have no issues whatsoever with regard to. We will not be putting water on to Ms. Cleland’s property. It will not drain onto her property from this. With that all the conditions that are in the staff recommendation are acceptable. Mr. Alcaraz: Any other questions for Mr. Bourdon? Mr. Parks: Not so much a question, I just wanted to make a statement that we talked about in the informal, and I think Commissioner Mauch touched on it. This will be stamped by professional engineer at the end of this job. It's not going to be an afterthought. Mr. Alcaraz: The lawyers don't count, that you can't stamp it, you understand that. Mr. Bourdon: No, I absolutely know that. I listen to those engineers. Mr. Parks: But it will be stamped by licensed professional to ensure that water is not being drained across the property. Packet Pg. 214 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: Mr. Bourdon: If I indicated that was going to put a stamp on it. I have no stamp to put on it, but that's what we have engineers for who have been familiar with this since the beginning. Mr. Alcaraz: No other questions. You can be seated right now. We'll close it and open it up for discussion, if there are any comments. Mr. Plumlee: I would like to make a motion, I think the issue of stormwater in this city is extremely high importance, and we have a wonderful professional staff of folks who work very diligently to try to prevent runoff. People understand in our state, it's a common enemy doctrine with runoff. It's your problem. That's what the common law of our state says, so we depend on the city saying that might be the common law of our state, but we're going to assure. We're not approving a plan that does not take this water, and prevent it from becoming the burden of our neighbors. So that's why I have faith in this, and so I'd like to make the motion to approve it. It is a reduction in the size of this building, it is a reduction in the amount of impervious service. So you will be benefited by this being approved as opposed to what was previously approved. So I want to make that point. Mr. Alcaraz: Motion by Mr. Plumlee. Second by Mr. Mauch. Is there anybody abstaining? None. Any other additional comments or discussion? None. Okay, we're open for vote. Madam Clerk: We'll just do a verbal vote for Mr. Alcaraz. Mr. Alcaraz: Yes. Madam Clerk: By a vote of 10:0, item #7 Grace Bible Church of Virginia Beach Inc. has been recommended for approval. Packet Pg. 215 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. All conditions of approval attached to the Modiﬁcation of Conditions granted by City Council on May 4, 2021 shall be deleted and replaced with the following conditions. 2. When the church site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, “CUP – Modiﬁcation of Conditions,” prepared by WPL, date 10/16/2024, which has been exhibited to the Virginia Beach City Council and is on ﬁle in the Virginia Beach Department of Planning & Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the elevations entitled, “Grace Bible Church Red Mill Campus,” prepared by Visioneering Studios, which have been exhibited to the Virginia Beach City Council and are on ﬁle in the Virginia Beach Department of Planning & Community Development. 4. The height of the proposed building shall not exceed 35 feet in height. 5. The site shall be landscaped in substantial conformance with the concept plan entitled “CUP – Concept Landscape Plan” prepared by WPL, dated 10/16/2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 6. The freestanding sign for the church shall be a monument style sign, with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled,” Grace Bible Church Freestanding Sign,” in terms of materials and color scheme. Said exhibit has been exhibited to the Virginia Beach City Council and is on ﬁle in the Virginia Beach Department of Planning & Community Development. All signage on the site shall meet the requirements of the Zoning Ordinance. Packet Pg. 216 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: 7. All outdoor lights shall be shielded and directed downward to direct light and glare onto the premises, said lighting and glare shall be deﬂected, shaded, and focused away from all adjoining property. All other outdoor lighting ﬁxtures, included building mounted lights, shall not be erected any higher than fourteen (14) feet. 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staﬀ, unless otherwise approved by the Development Services Center. 9. The applicant shall obtain all necessary permits and inspections from the Planning Department Permits & Inspections Division and the Fire Department. 10. Parking lot must be at current grade with adjoining property. 11. Existing vegetation on site shall remain. 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. Packet Pg. 217 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: November 4, 2024 Ms. Alexis Bailey City of Virginia Beach Department of Planning 2875 Sabre Street Suite 500 Virginia Beach, VA 23452 Dear Ms. Bailey, I am writing in regard to the proposed conditional use permit modification application submitted by Grace Bible Church. While I gladly acknowledge the effort to downsize the project and plant native species, the resulting project appears contribute 2-3 acres of new impervious surface in the Southern Rivers Watershed Management Area and this modification should be evaluated with that in mind prior to approval. As an adjacent property owner, I submit the following concerns regarding this proposal: I. STORMWATER 1) The capacities of the proposed stormwater ponds are not included. Groundwater in this area (originally floodplain for West Neck Creek) is likely quite high, which would reduce the capacity of the ponds. Are they designed for 100 yr, 500 yr, 1000 yr storm events? The areal size and number of ponds shown on the concept drawings could change dramatically and not be able to handle the actual stormwater runoff as intended. Current data is needed to avoid a flooding situation where the City would have to come in afterwards and install a pump station (e.g. Sherwood Lakes). 2) The design calls for large expanses of parking lots with limited setbacks immediately adjacent to my property and my neighbor Mr. Dunn’s property. The impervious surface contributed by the parking lots is actually greater than that of the building footprint and is a significant issue. No specific stormwater handling methods and calculations are identified. One plan I saw mentioned drainage ditches. Ditches fill quickly, so who is responsible for maintaining them, how is that performed and how often? Where do they drain to? What is their capacity and is it sufficient for the amount of impervious surface they are intended to drain? These areas are presently extremely wet after any rainfall and also abut the forested wetlands. Ditching might affect the protected wetlands negatively, which could be a wetland violation and lead to additional stormwater modifications. The granddaughter of the original horse farm owner told me she couldn’t count how many truckloads of sand her grandfather hauled in to try to drain that area. It is VERY wet. This parcel was likely not under intensive cultivation for a reason— most farmers will avoid the wettest areas and the history of this parcel tells that story. 3) The church entrance plans I saw are vague in terms of construction details, but the resulting impervious surface should be included in the stormwater evaluation. The frontage along London Bridge serves all three parcels. Will runoff from the proposed turn lane and the driveway be directed away from my property? Will the runoff from those impervious surfaces be handled adequately? I have active beehives in that pasture closest to the proposed entrance Packet Pg. 218 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: and inadequate drainage would result in my no longer being able to use my property for its by- right uses. 4) Are there mechanisms in place with this Conditional Use Permit modification that will restrict project creep, in that additional facilities will not be added piecemeal in the future as a way to circumvent the original stormwater design? II. CONSTRUCTION 1) Although much attention is given to the decreased scale of the project, construction impacts should be addressed. The church building is proposed to be constructed in the location of an existing pond. How is the dewatering of that pond going to be handled? What is the volume of the existing pond so that the dewatering method can appropriately accommodate that action without flooding adjacent properties? 2) I am not aware of any recent jurisdictional wetland delineation performed on the property. Is the proposed plan in concert with wetland areas? The concept drawings reference forested wetlands but additional forested/non-forested wetlands may also be present, as the land has been out of agricultural use for many years. This may not be something to be addressed at this time but I included it in these comments, as the presence of wetlands may impact the concept design of the stormwater ponds and the site layout, as proposed. 3) As this area is included in the Southern Rivers Watershed Management Area, I request careful consideration is given to the ecological as well as stormwater runoff/flood control functions currently being provided by this parcel. The existing naturalized pond is over 50 years old and is home to wood ducks, great blue herons and green herons. As it is slated for destruction, I respectfully request that any retention ponds be designed to incorporate native shoreline vegetation and natural slopes. The entire parcel, mine included, supports numerous species of birds during migration as well as migrating monarch butterflies. I am unsure of the exact meaning of “greenways” as used in this proposal, but I hope that preservation of old fence rows and existing copses that support native populations is included in the project plan. Preserving existing ecosystem function is significantly easier and more effective than attempting to mitigate after construction. Bottomline is that there are significant multiple stormwater issues still existing with this major project and I hope that the stormwater review will take all this into account before moving forward with approval. I spoke with Mr. Breitenberg with GBC and I definitely appreciate their efforts and sympathize with their situation. Building in sensitive areas like the Southern Rivers Watershed Management Area requires abundant caution and special approaches. It is something I had to consider when purchasing my parcel and guides the use of my own property. Stormwater impacts and flood control are major issues that the City is facing currently and will continue to face as City planners look to the future. The City included this parcel in its Southern Rivers Watershed Management Area for a reason. According to the City’s website, “The Southern Rivers Watershed has significant environmental, ecological, and economic value… Stormwater Management and Water Quality efforts are critical.” Sea level Packet Pg. 219 6.L.a Attachment: 05_ARF Package for Grace Bible Church of Virginia Beach, Inc (4377 : Grace Bible Church of Virginia Beach Inc. Property Owner: rise and changing weather patterns are difficult challenges for everyone, and in coastal communities, these are of paramount importance. Data from eight or ten years ago may no longer be accurate and stormwater retention ponds and ditching may or may not be the applicable method in this case. I respectfully request the City’s stormwater engineers and planners take the time to evaluate stormwater management, flood control and all impacts of this project in present-day context. I am not against this project; I just want it evaluated correctly at the planning stage prior to approval. I wholeheartedly wish for the outcome of the City’s review to be a project that has been evaluated fully with attention to all impacts and that can be constructed in this sensitive area with great assurance that effective safeguards are in place for the existing adjacent landowners and communities. Thank you for your time and consideration. Respectfully yours, Michele Cleland 757-617-2307 mlhcleland@gmail.com owner 2285 London Bridge Road, Virginia Beach, VA 23456 Packet Pg. 220 6. FRANKLIN GROUP COMPANIES, LLC / TAA CORPORATE CENTER OFFICE PROPERTY, LLC, FOR A CONDITIONAL CHANGE OF ZONING FROM B-2 COMMUNITY BUSINESS TO CONDITIONAL O-2 OFFICE DISTRICT AND A CONDITIONAL USE PERMIT RE HOUSING FOR SENIORS & DISABLED PERSONS AND A VARIANCE TO SECTION 4.4(B) OF THE SUBDIVISION REGULATIONS FOR A PORTION OF 5366 VIRGINIA BEACH BOULEVARD DISTRICT 4 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. 221 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FRANKLIN GROUP COMPANIES, LLC [Applicant] TAA CORPORATE CENTER OFFICE PROPERTY LLC [Property Owner] Conditional Rezoning (B-2 Community Business to Conditional O-2 Office District) Conditional Use Permit (Housing for Seniors and Disabled Persons) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for a portion of the property located 5366 Virginia Beach Boulevard (GPIN 1467680155 (portion)). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: December 10, 2024  Background: The applicant seeks to rezone 6.8-acre portion of an existing 11.9-acre parcel from B-2 Community Business District to Conditional O-2 Office District to develop a 172-unit independent living senior housing facility. As the housing will be age- restricted to persons 62 years of age or older, a Conditional Use Permit for Housing for Seniors and Disabled Persons is also being requested. Additionally, a Subdivision Variance to lot width and street line frontage requirements are also requested, as there is no direct access to a public street from the proposed lot. The site is currently developed with the AAA office building and will be subdivided to create a separate lot on the northern (rear) portion of the site for the proposed development. The development will have an overall density of 25.29 units per acre. The 172-unit senior housing facility will consist of one, four-story building, with a total floor area of 208,200 square feet, within a building footprint of 52,050 square feet. The total height will be 56 feet with an exterior façade comprised of brick veneer, vinyl lap siding, fiber cement, panel siding, black vinyl windows, and metal fascia. A variety of amenities to include pickleball courts, grills, fire pits, and outdoor seating areas, as well as indoor amenities including a clubroom, game room, hair salon, library, and fitness center. Deviations to the landscaping requirements are included with this request. Per the City Zoning Ordinance, a 20-foot wide minimum buffer with Category IV landscape screening is required along property lines that are adjacent to residential and apartment zoned properties. The areas along the northern and eastern property lines will remain heavily wooded exceeding the 20-foot minimum yard buffer, with buffers totaling ±40-feet in width. While the required buffering will be provided along the northern and eastern property lines, the applicant is requesting a deviation in accordance with Section 107(i) of the Zoning Ordinance to the 20-foot minimum yard with Category IV landscape buffer along the western property line. Packet Pg. 222 6.L.a Franklin Group Companies, LLC Page 2 of 6 In lieu of the required 20-foot-wide buffer, a 10-foot-wide Landscape buffer will be Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA provided, as noted in Proffer 6. Adequate parking is provided on site with a total of 193 spaces provided where only 172 are required. A Phase 1 Environmental Site Assessment (ESA) was provided with the application. The Phase 1 ESA found that due to a former nursey operation conducted on the site, use of potentially hazardous materials could have negatively impacted the soil and surficial groundwater aquifer in the area, if there was gross negligence or improper handling, storage, or disposal of substances considered hazardous. Due to this, Condition 9 is recommended stating that a Phase 2 ESA shall be provided prior to the release and site permitting of the final site plan and that any remediation required shall be completed and written confirmation provided to the Department of Planning & Community Development, prior to the release of any building permits. A Subdivision Variance is also requested for the deficiency in lot width and street line frontage. The new proposed lot will be deficient by 100 feet of lot width and 80 feet of street line frontage, as there is no direct access to a public street. However, access to the site will be provided through a 30-foot-wide access easement to be established for the benefit of the proposed parcel. A Shared Access and Maintenance Agreement between the two subdivided properties shall be submitted with the subdivision plat to guarantee access to the rear parcel, as recommended in Condition 2 of the Subdivision Variance recommended conditions.  Considerations: The proposed development is consistent with the Comprehensive Plan’s vision for the Suburban Area, as it focuses on creating great neighborhoods that maintain and enhance the existing neighborhood, are compatible with the surroundings, and provide quality and attractive buildings that provide effective buffering and livability. The development’s cohesive layout maximizes the use of the site with outdoor and indoor amenity space for the senior residents, on-site personal services, retention of existing vegetation along the northern and eastern property lines, a logical traffic flow, and ample landscape screening. While the site does not have direct access to a public street, the applicant will provide a connection from the building to existing pathways along the adjacent site. A five-foot-wide sidewalk is proposed that will connect to existing sidewalks on the site that lead to the existing sidewalks along Virginia Beach Boulevard. This will provide senior residents within the development a safe way to walk or bike to nearby businesses. Bike racks have also been provided throughout the development contributing to activating a pedestrian and active transportation network on this site. Staff recognizes that the proposed density of 25.29 units per acre exceeds the density of the surrounding properties which are at or below 18 units per acre. However, the provisions of Section 235(b) of the City Zoning Ordinance state that Packet Pg. 223 6.L.a Franklin Group Companies, LLC Page 3 of 6 City Council may set the density of a Senior Housing project based on Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA conformance to the Senior Housing Facility Development Guidelines and the adequacy of the services and facilities proposed. While the density may be higher than several of the multi-family developments in the surrounding area, the development will put less strain on our public infrastructure, with little to no impacts on our roadways and schools. Furthermore, the Senior Housing Facility Development Guidelines state that senior housing facilities are characterized by densities above those typically found in conventional multi-family dwelling structures. The variance request 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 width and street line frontage will not negatively impact surrounding properties but will allow this approximately 6.8-acre undeveloped site to be developed with a quality independent living senior facility option for aging citizens of Virginia Beach. Through conversations between the applicant and the adjacent property owner to the west, the applicant revised the Conceptual Landscape Plan presented to the Planning Commission to add additional evergreen plantings along the western property line. The revised plan and proffers were submitted to staff on 11/15/2024 before the proffer deadline of 10 days before the City Council hearing. 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 November 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. Conditional Rezoning Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled “GRAND LAKE – VIRGINIA BEACH, VA, Conceptual Development Plan”, dated September 24, 2024, and prepared by Timmons Group (the “Concept Plan”), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 2 When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled “GRAND LAKE – VIRGINIA BEACH, VA, Conceptual Landscape Plan”, dated September 24, 2024, revised November 15, 2024 and prepared by Timmons Group (the Packet Pg. 224 6.L.a Franklin Group Companies, LLC Page 4 of 6 “Conceptual Landscape Plan”), a copy of which has been exhibited to the Virginia Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 3 The quality of architectural design and materials of the mixed use buildings constructed on the Property, when developed, shall be in substantial conformity with the two-page exhibit prepared by Cox, Kliewer & Company, P.C., entitled “GRAND LAKES AGE RESTRICTED APARTMENTS, PRELIMINARY ELEVATIONS, VIRGINIA BEACH BOULEVARD, VIRGINIA BEACH, VIRGINIA”, and dated September 5, 2024 (the “Conceptual Elevation”), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and is incorporated herein by reference. Proffer 4 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of one hundred seventy-two (172). Proffer 5 The final stormwater management plan submitted to the Development Services Center (DSC) during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). Proffer 6 In lieu of the twenty foot (20’) wide landscape buffer that would otherwise be required under Section 803(b) of the City Zoning Ordinance, a ten foot (10’) wide landscape buffer will be provided along the Property’s western boundary. Proffer 7 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditional Use Permit 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled “GRAND LAKE – VIRGINIA BEACH, VA, Conceptual Development Plan”, dated September 24, 2024, and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled “GRAND LAKE – VIRGINIA BEACH, VA, Conceptual Landscape Plan”, dated September 24, 2024, revised November 15, 2024 and prepared by Timmons Packet Pg. 225 6.L.a Franklin Group Companies, LLC Page 5 of 6 Group”, which has been exhibited to the Virginia Beach City Council and is Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA on file with the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the two-page exhibit prepared by Cox, Kliewer & Company, P.C., entitled “GRAND LAKES AGE RESTRICTED APARTMENTS, PRELIMINARY ELEVATIONS, VIRGINIA BEACH BOULEVARD, VIRGINIA BEACH, VIRGINIA”, and dated September 5, 2024, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 4. A 10-foot-wide landscape buffer will be provided along the property’s western boundary line. This is a deviation to the 20-foot-wide Category IV screening required by the Zoning Ordinance. 5. The property, when developed, shall not exceed a total of 172 senior housing units restricted to age 62 and older. 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 7. All light fixtures on the site shall be no taller than 14 feet in height. 8. The applicant/owner shall subdivide the property. Said plat must be submitted for approval and recordation by the Department of Planning and Community Development. 9. A Phase 2 Environmental Site Assessment (ESA) shall be provided prior to the release of the final site plan. Any remediation required shall be completed and written confirmation of such remediation shall be provided to the Department of Planning & Community Development, prior to the release of any building permits. 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 “SUBDIVISION VARIANCE EXHIBIT OF APPROXIMATELY 11.892 ACRES FRONTING VIRGINIA BEACH BOULEVARD FOR THE FRANKLIN JOHNSTON GROUP ”, prepared by Timmons Group, dated 09/09/2024, a copy of which has been exhibited to the Virginia Beach City Council is on file with the Department of Planning & Community Development. Packet Pg. 226 6.L.a Franklin Group Companies, LLC Page 6 of 6 2. A Shared Access and Maintenance Agreement between the two subdivided Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA properties, as depicted on the submitted exhibit referenced in Condition 1, shall be submitted with the plat to guarantee access to the rear parcel. 3. A right-of-way dedication encompassing all existing public infrastructure (i.e. sidewalk, power poles, turn lanes, etc.) and right-of-way improvements shall be required with the proposed subdivision of the property.  Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Revised Conceptual Landscape Plan dated revised November 15, 2024 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 227 6.L.a Agenda Items 1, 2, & 3 Applicant: Franklin Group Companies, LLC Property Owner: TAA Corporate Center Oﬃce Property LLC Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Planning Commission Public Hearing: November 13, 2024 City Council District: District 4 (Ross-Hammond) Project Details Requests Conditional Rezoning (B-2 Community Business to Conditional O-2 Oﬃce District) Conditional Use Permit (Housing for Seniors and Disabled Persons) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staﬀ Recommendation Approval Staﬀ Planner Marchelle Coleman Location Portion of 5366 Virginia Beach Boulevard GPIN Portion of 1467680155 Site Size 6.8 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Oﬃce / B-2 Community Business Surrounding Land Uses and Zoning Districts North Lake / R-7.5 Residential South Virginia Beach Boulevard Religious Use / B-2 Community Business East Retail, multi-family dwellings / B-2 Community Business, A-12 Apartment West Multi-family dwellings, Distribution Center / A-18 Apartment, I-1 Industrial Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 1 of 44 Packet Pg. 228 6.L.a Background & Summary of Proposal • The applicant is requesting to conditionally rezone a 6.8-acre portion of an existing 11.9-acre parcel from B- Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA 2 Community Business District to Conditional O-2 Oﬃce District to develop a 172-unit independent living senior housing facility. As the housing will be aged restricted to persons 62 years of age or older, a Conditional Use Permit for Housing for Seniors and Disabled Persons is also being requested. In addition, a Subdivision Variance for lot width and street line frontage is also proposed, as there is no direct access to a public street from the proposed lot. • The site is currently developed with the AAA Tidewater Virginia oﬃce building with associated parking and a stormwater management facility. The applicant is proposing to create a separate lot on the northern (rear) portion of the site, totaling approximately 6.8-acres, which is undeveloped and heavily wooded. As depicted on the proﬀered conceptual site plan, the existing stormwater management facility will now be located on the proposed lot. • The 172-unit senior housing facility will have a building footprint of 52,050 square feet and a total ﬂoor area of approximately 208,200 square feet. 79 one-bedroom units and 93 two-bedroom units are proposed. • The proﬀered Conceptual Site Plan and the building elevations depict one, four-story apartment building with a height of 56 feet. The exterior façade is comprised of brick veneer, vinyl lap siding, ﬁber cement panel siding, black vinyl windows, and metal fascia. • As proﬀered, the Conceptual Landscape Plan shows the required building foundation and interior parking lot plantings. Per the City Zoning Ordinance, a 20-foot minimum yard buﬀer with Category IV landscape screening is required along property lines that are adjacent to residential and apartment zoned properties. The areas along the northern and eastern property lines will remain heavily wooded exceeding the 20-foot minimum yard buﬀer, with buﬀers totaling ±40-feet in width. While the required buﬀering will be provided along the northern and eastern property lines, the applicant is requesting a deviation in accordance with Section 107(i) of the Zoning Ordinance to the 20-foot minimum yard with Category IV landscape buﬀer along the western property line. In lieu of the required 20-foot-wide buﬀer, a 10-foot-wide Landscape buﬀer will be provided, as noted in Proﬀer 6. • A variety of amenities will be provided for residents to enjoy outdoors to include pickle ball courts, grills, ﬁrepits, and outdoor seating areas. Proposed indoor amenities include a clubroom, game room, hair salon, library, and ﬁtness center. • Per Section 235 (c) of the Zoning Ordinance, one space for each independent living dwelling unit is required. Adequate parking is provided as the 193 parking spaces depicted on the plan exceed the 172 parking spaces required by the Ordinance. 11 bicycle spaces are required and are provided. • A Phase 1 Environmental Site Assessment (ESA) was provided by McCallum Testing Laboratories, dated August 30, 2024. The Phase I Environmental Site Assessment found no evidence of Controlled Recognized Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 2 of 44 Packet Pg. 229 6.L.a Environmental Conditions (CRECs) connected with the property. A CREC is a recognized environmental condition resulting from past releases of hazardous substances or petroleum byproducts that has undergone some assessment or remediation with satisfactory results. However, the assessment revealed Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Recognized Environmental Conditions (RECs) connected with the property. A REC is the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property. Due to the former nursery operations conducted on the subject site, use of potentially hazardous materials could have negatively impacted the soil and surﬁcial groundwater aquifer in the area, if there was gross negligence or improper handling, storage, or disposal of substances considered hazardous. There is the potential that contamination may have been introduced into the soil and groundwater through the former wells and septic systems on-site. Due to this, Staﬀ is recommending a condition that a Phase 2 ESA be provided. More speciﬁcally, staﬀ has included Condition 9 which states that a Phase 2 ESA shall be provided prior to the release and site permitting of the ﬁnal site plan and that any remediation required shall be completed and written conﬁrmation provided to the Department of Planning & Community Development, prior to the release of any building permits. • A Subdivision Variance is requested for the deﬁciency in lot width and street line frontage, as the proposed lot will not have direct access to a public street. Required Proposed Required Minimum Proposed Minimum Lot Lot width (feet) Street Line Frontage Street Line width (feet) (feet) Frontage (feet) Proposed lot 100 0* 80 0* *Variance Requested • As shown on the proposed Subdivision Variance Exhibit, a 30-foot-wide access easement will be established for the beneﬁt of the parcel. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 3 of 44 Packet Pg. 230 6.L.a Zoning History Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Map Key Request No. MDP Approved 08/15/2023 MDC (Motor Vehicles Sales & Service) Approved 08/15/2023 CRZ (A-12 & B-2 to Conditional B-2) Approved 01/20/2015 1 CUP (Motor Vehicle Sales & Service) Approved 01/20/2015 CUP (Motor Vehicle Sales) Approved 09/25/2007 CUP (Motor Vehicle Sales & Service) Approved 10/13/1992 CRZ (A-12 & Conditional B-2 to Conditional B-2) Approved 08/17/2021 2 CUP (Auto Storage Yard & Car Wash Facility) Approved 08/17/2021 CRZ (I-1 & B-2 to Conditional A-18) 3 Approved 07/05/2016 CUP (Vocational School) Approved 11/08/2014 4 CUP (Religious Use) Approved 12/03/2002 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 4 of 44 Packet Pg. 231 6.L.a Application Types Map Key Request CUP: NON: Nonconforming Use No. Conditional STC: Street Closure REZ (PD-H2(A-12) to P-1) Approved Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Use Permit FVR: Floodplain Variance 02/12/2008 5 REZ: Rezoning ALT: Alternative Compliance CRZ (A-12 to PD-H2(A-12)) Approved CRZ: SVR: Subdivision Variance 06/12/2007 Conditional LUP: Land Use Plan CUP (Motor Vehicle Sales) Approved 6 Rezoning STR: Short Term Rental 03/09/2004 MDC: CUP (Student center) Approved 7 Modiﬁcation 08/12/2003 of Conditions CRZ (R-7.5 & A-12 to Conditional A-12) MDP: 8 Approved 001/26/1999 Modiﬁcation REZ (A-1 to B-2) Approved 07/14/1986 of Proﬀers 9 CUP (Motor Vehicle Sales) Approved 07/14/1986 10 REZ (A-2 to B-2) Approved 10/08/1984 11 REZ (A-1 to A-2) Approved 12/14/1981 Evaluation & Recommendation In Staﬀ’s opinion, these requests for a Conditional Rezoning to rezone the approximately 6.8-acre site from B-2 Community Business to Conditional O-2 Oﬃce District, a Conditional Use Permit for Housing for Seniors and disabled persons, as well as a Subdivision Variance request to lot width and street line frontage are acceptable. As per the Comprehensive Plan, the Suburban Area focuses on creating and maintaining great neighborhoods. Achieving this goal reﬂects on the ability for developments to maintain and enhance the existing neighborhood, to be compatible with surroundings, and provide quality and attractive buildings that provide eﬀective buﬀering and livability. The Comprehensive Plan Policy Document also states that “new residential development on larger parcels should be consistent with the character of any residential uses in the surrounding area, as well as consistent with the guiding planning principles for the Suburban Area”. Residential density in the Suburban Area should be low to medium where the surrounding land use patterns and densities are appropriate for such. There are multiple zoning classiﬁcations among the surrounding properties to include R-5D Residential, R-7.5 Residential, A-12 Apartment and A-18 Apartment, with the highest surrounding density being a maximum of 18 units per acre. While the Comprehensive Plan is supportive of the proposed use, the proposed density is not supported, as it is higher than surrounding properties in the area. However, Section 235(b) of the Zoning Ordinance states that City Council may set the density of a Senior Housing project based on conformance to the Senior Housing Facility Development Guidelines and the adequacy of the services and facilities proposed. The Senior Housing Facility Development Guidelines state that senior housing facilities are characterized by densities above those typically found in conventional multi-family dwelling structures. In this respect, the proposed senior housing facility, which equates to a density of 25.29 units per acre, may exceed the density of surrounding properties but it provides a cohesive layout that maximizes the use of the site with Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 5 of 44 Packet Pg. 232 6.L.a outdoor and indoor amenity space for the senior residents, on-site personal services, retention of existing vegetation along the northern and eastern property lines, a logical traﬃc ﬂow, and ample landscape screening. Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA The development of this property with a Senior Independent Living Facility for up to 172 units, in Staﬀ’s opinion, will provide much needed housing for aging seniors in Virginia Beach. As stated previously, the facility will provide outdoor amenities and other indoor social interaction services such as a game room and club room, as well as personal services to include a hair salon, library, and ﬁtness center. In addition to the services provided on site, the neighboring property is the AAA Tidewater Virginia oﬃce building which provides a plethora of services from travel, insurance, vehicle and ﬁnancial. There is also an existing pharmacy less than one mile from the development and a hospital less than 2.5 miles from the site. While the density may be higher than several of the multi-family developments in the surrounding area, the development will put less strain on our public infrastructure, with little to no impacts on our roadways and schools. With the proposed rezoning to O-2 Oﬃce District, the average daily trips will be signiﬁcantly less than if the site was developed with a permitted use in the B-2 Community Business District, as noted in the Traﬃc Impact Section below. While the site does not have direct access to a public street, the applicant will provide a connection from the building to existing pathways along the adjacent site. A ﬁve-foot-wide sidewalk is proposed that will connect to existing sidewalks on the site that lead to the existing sidewalks along Virginia Beach Boulevard. This will provide senior residents within the development a safe way to walk or bike to nearby businesses. Bike racks have also been provided throughout the development which contributes to activating a pedestrian and active transportation network on this site. In addition, Hampton Roads Transit (HRT) bus stops are in close proximity to the site, with a covered HRT Bus stop just east of the property along Virginia Beach Boulevard and another bus stop to the west of the site along Virginia Beach Boulevard. As shown on the Conceptual Landscape Plan, building foundation plantings and interior parking lot plantings will be installed as required. As mentioned previously, a 20-foot-wide landscape buﬀer is required adjacent to the apartment zoned properties to the east and west of the site. While the required buﬀer is provided along the eastern property line, the applicant is requesting a deviation to this required landscaping to the west 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.” As noted on the proﬀered landscape plan, the applicant will install a 10-foot-wide buﬀer along the western property line. Since the proposed use is for an independent living senior housing facility and the proposed buﬀer abuts the parking lot for the adjacent complex, Staﬀ believes that a 10-foot-wide landscape buﬀer is eﬃcient and will not adversely aﬀect the adjoining property. For this reason, Staﬀ is supportive of the deviation request. 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. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 6 of 44 Packet Pg. 233 6.L.a C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA 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 request 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 O-2 Oﬃce Zoning District, a minimum 100 feet of lot width and 80 feet of street line frontage is required. The new proposed lot will be deﬁcient by 100 feet of lot width and 80feet of street line frontage, as there is no direct access to a public street. However, access to the site will be provided through a 30-foot-wide access easement to be established for the beneﬁt of the proposed parcel. A Shared Access and Maintenance Agreement between the two subdivided properties shall be submitted with the subdivision plat to guarantee access to the rear parcel, as recommended in Condition 2 of the Subdivision Variance recommended conditions. In Staﬀ’s view, the deviations to the lot width and street line frontage will not negatively impact surrounding properties but will allow this approximately 6.8-acre undeveloped site to be developed with a quality independent living senior housing facility option for aging citizens of Virginia Beach. The proﬀered conceptual site plan has been reviewed by the Fire Marshal’s Oﬃce and there were no concerns raised with the proposed layout and circulation. Further review will be conducted during the ﬁnal site plan review process. It is the opinion of Staﬀ that the traﬃc generated by the proposed independent living senior housing facility will result in a total of 557 average daily trips, which is lower than anticipated traﬃc volumes for other commercial uses permitted by-right in the B-2 Community Business Zoning District. Staﬀ anticipates little to no impact on traﬃc congestion as senior living facilities typically generate signiﬁcantly fewer vehicle trips. The request was presented to the Senior Housing Advisory Committee on Wednesday, October 30, 2024, and no objections were raised. The Committee was positive that the use is appropriate for this location given its walkability to nearby services and access to existing bus stops to the east and west of the site along Virginia Beach Boulevard. The site is located in the Chesapeake Bay watershed. An in-depth review of the stormwater management strategy will take place during the site plan review process to ensure that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development. Based on the considerations above, Staﬀ recommends approval subject to the proﬀers and conditions listed below. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 7 of 44 Packet Pg. 234 6.L.a Proﬀers The following are proﬀers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA 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 developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled “GRAND LAKE – VIRGINIA BEACH, VA, Conceptual Development Plan”, dated September 24, 2024, and prepared by Timmons Group (the “Concept Plan”), a copy of which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Virginia Beach Department of Planning and is incorporated herein by reference. Proﬀer 2 When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled “GRAND LAKE – VIRGINIA BEACH, VA, Conceptual Landscape Plan”, dated September 24, 2024, and prepared by Timmons Group (the “Conceptual Landscape Plan”), a copy of which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Virginia Beach Department of Planning and is incorporated herein by reference. Proﬀer 3 The quality of architectural design and materials of the mixed use buildings constructed on the Property, when developed, shall be in substantial conformity with the two-page exhibit prepared by Cox, Kliewer & Company, P.C., entitled “GRAND LAKES AGE RESTRICTED APARTMENTS, PRELIMINARY ELEVATIONS, VIRGINIA BEACH BOULEVARD, VIRGINIA BEACH, VIRGINIA”, and dated September 5, 2024 (the “Conceptual Elevation”), a copy of which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Department of Planning and is incorporated herein by reference. Proﬀer 4 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of one hundred seventy-two (172). Proﬀer 5 The ﬁnal stormwater management plan submitted to the Development Services Center (DSC) during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 8 of 44 Packet Pg. 235 6.L.a Proﬀer 6 In lieu of the twenty foot (20’) wide landscape buﬀer that would otherwise be required under Section 803(b) of the City Zoning Ordinance, a ten foot (10’) wide landscape buﬀer will be provided along the Property’s Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA western boundary. Proﬀer 7 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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 Conditional Use Permit 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled “GRAND LAKE – VIRGINIA BEACH, VA, Conceptual Development Plan”, dated September 24, 2024, and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted at the time of ﬁnal site plan review reﬂective of the plant material depicted on submitted Landscape Plan entitled “GRAND LAKE – VIRGINIA BEACH, VA, Conceptual Landscape Plan”, dated September 24, 2024, and prepared by Timmons Group”, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the two-page exhibit prepared by Cox, Kliewer & Company, P.C., entitled “GRAND LAKES AGE RESTRICTED APARTMENTS, PRELIMINARY ELEVATIONS, VIRGINIA BEACH BOULEVARD, VIRGINIA BEACH, VIRGINIA”, and dated September 5, 2024, which has been exhibited to the Virginia Beach City Council and is on ﬁle with the Department of Planning and Community Development. 4. A 10-foot-wide landscape buﬀer will be provided along the property’s western boundary line. This is a deviation to the 20-foot-wide Category IV screening required by the Zoning Ordinance. 5. The property, when developed, shall not exceed a total of 172 senior housing units restricted to age 62 and older. 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot- candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light ﬁxture height, light ﬁxture type, proposed shielding, and light dimming capabilities. 7. All light ﬁxtures on the site shall be no taller than 14 feet in height. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 9 of 44 Packet Pg. 236 6.L.a 8. The applicant/owner shall subdivide the property. Said plat must be submitted for approval and recordation by the Department of Planning and Community Development. Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA 9. A Phase 2 Environmental Site Assessment (ESA) shall be provided prior to the release of the ﬁnal site plan. Any remediation required shall be completed and written conﬁrmation of such remediation shall be provided to the Department of Planning & Community Development, prior to the release of any building permits. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Oﬃce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Recommended Conditions 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 “SUBDIVISION VARIANCE EXHIBIT OF APPROXIMATELY 11.892 ACRES FRONTING VIRGINIA BEACH BOULEVARD FOR THE FRANKLIN JOHNSTON GROUP ”, prepared by Timmons Group, dated 09/09/2024, a copy of which has been exhibited to the Virginia Beach City Council is on ﬁle with the Department of Planning & Community Development. 2. A Shared Access and Maintenance Agreement between the two subdivided properties, as depicted on the submitted exhibit referenced in Condition 1, shall be submitted with the plat to guarantee access to the rear parcel. 3. A right-of-way dedication encompassing all existing public infrastructure (i.e. sidewalk, power poles, turn lanes, etc.) and right-of-way improvements shall be required with the proposed subdivision of the property. 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. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 10 of 44 Packet Pg. 237 6.L.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: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA 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, it states that “new residential development on larger parcels should be consistent with the character of any residential uses in the surrounding area, as well as consistent with the guiding planning principles for the Suburban Area. Residential density in the Suburban Area should be low to medium where the surrounding land use patterns and densities are appropriate for such.” (p. 1-61, Comp Plan Policy Document). The preservation of a portion of the wooded area on this site, while doubling this preservation as a landscape buﬀer along the regional stormwater bmp and neighboring properties is supported (p. B-5 & B-7, Reference Handbook), but the clearcutting of a fully wooded site is not (p. B-5). A landscape buﬀer from the property at this site is needed between the commercial site and this potential residential development (p. B-7) The inclusion of side paths to Virginia Beach Boulevard and bike racks help activate the pedestrian and active transportation network on this site. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed and is developed with a mature, wood stand of trees and vegetation. There are no known historic or cultural resources that will be aﬀected by this project. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 11 of 44 Packet Pg. 238 6.L.a Traﬃc Impacts/Transportation Traﬃc Counts Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Present Street Name Present Capacity Generated Traﬃc Volume Existing Land Use – 0 ADT (6.8-acre vacant 74,000 ADT 1 lot) Virginia Beach Boulevard 35,000 ADT1 (LOS 4 “D”) 2 Existing Land Use –3,300 ADT Proposed Land Use 3 – 557 ADT 1 Average Daily Trips 2As deﬁned by an 3As deﬁned by a 172- 4LOS = Level of approximately 6.8- unit age restricted Service acre B-2 zoned land senior living facility Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard, in the vicinity of this application, is considered an eight-lane divided major urban arterial. The MTP proposes a divided facility within an existing 150-foot right-of-way section. Active Transportation Plan The Active Transportation Plan recommends the incorporation of a minimum six-foot wide shared-use path along Virginia Beach Boulevard. The plan calls for the existing ﬁve-foot sidewalks to be improved to a shared-use path to provide a safer, wider pathway. Public Utility Impacts Water There is an existing 16-inch and 20-inch transmission City water main along Virginia Beach Boulevard. The site fronting Virginia Beach Boulevard currently connects to city water. There is an existing 1.5-inch water meter (City ID# 20140097) and a ﬁre meter (City ID# 95142548) to the site. If the property is subdivided and developed, the new property will need their own water service connection to the city main. Private utility easement may be necessary. Sewer There is an existing 10-inch City sanitary sewer gravity main and an existing 16-inch City sanitary sewer force main along Virginia Beach Boulevard. The site fronting Virginia Beach Boulevard currently connects to city gravity sewer. If the property is subdivided and developed, the new property will need their own sanitary sewer connection to the city main. An 8” lateral would need to be extended for the apartments. Private utility easement may be necessary. HRSD ﬂow acceptance will be required for ﬂows greater than 40,000 GPD. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 12 of 44 Packet Pg. 239 6.L.a Public Outreach Information Planning Commission Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA • The applicant reported that they invited the adjacent property owners to an in-person meeting held on Wednesday, October 30, 2024 at the Clubhouse at the Renaissance Apartments on Witchduck Road; however, there were no attendees. The applicant’s representative has discussed the proposal with ﬁve of the adjacent property owners by telephone, however, they were unable to attend the in-person meeting. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 2024. • This Staﬀ report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of virginiabeach.gov/pc on November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 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 December 6, 2024. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 13 of 44 Packet Pg. 240 Proposed Conceptual Site Plan Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 14 of 44 Packet Pg. 241 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Proposed Conceptual Landscape Plan Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 15 of 44 Packet Pg. 242 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Proposed Building Elevations Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 16 of 44 Packet Pg. 243 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Proposed Building Elevations Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 17 of 44 Packet Pg. 244 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Subdivision Variance Exhibit Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 18 of 44 Packet Pg. 245 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Site Photos Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 19 of 44 Packet Pg. 246 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Site Photos Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 20 of 44 Packet Pg. 247 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 21 of 44 Packet Pg. 248 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA 6.L.a Disclosure Statement Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA 11/19/2024 Marchelle L. Coleman 11/19/2024 Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 22 of 44 Packet Pg. 249 Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 23 of 44 Packet Pg. 250 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 24 of 44 Packet Pg. 251 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 25 of 44 Packet Pg. 252 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 26 of 44 Packet Pg. 253 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 27 of 44 Packet Pg. 254 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 28 of 44 Packet Pg. 255 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 29 of 44 Packet Pg. 256 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 30 of 44 Packet Pg. 257 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 31 of 44 Packet Pg. 258 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 32 of 44 Packet Pg. 259 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 33 of 44 Packet Pg. 260 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 34 of 44 Packet Pg. 261 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 35 of 44 Packet Pg. 262 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 36 of 44 Packet Pg. 263 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 37 of 44 Packet Pg. 264 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 38 of 44 Packet Pg. 265 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 39 of 44 Packet Pg. 266 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 40 of 44 Packet Pg. 267 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 41 of 44 Packet Pg. 268 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 42 of 44 Packet Pg. 269 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Disclosure Statement Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 43 of 44 Packet Pg. 270 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA 6.L.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA 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. Franklin Group Companies, LLC Agenda Items 1, 2, & 3 page 44 of 44 Packet Pg. 271 6.L.a A12 A12 A12 A12 A12 A12 A12 R7.5 A12 A12 A12 R5D R5D A12 R7.5 Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group A12 R5D R5D B2 R20 A12 A12 B2 R20 R5D tre R5D et A18 A12 Da A12 vis A18 P1 A12 A12 A12 S B2 A18 A18 A12 A12 P1 B2 A12 A12 Peregrine A12 A12 A18 B2 B2 B2 Street A12 I1 I1 A12 A12 B2 B2 A12 B2 A12 A12 A18 A12 B2 B2 A12 B2 A12 B2 B2 B2 A12 B2 B2 R7.5 B2 A12 A12 A12 B2 R7.5 R7.5 R7.5 B2 B2 A12 A12 A12 Site Property Polygons Zoning Franklin Group Companies, LLC Portion of 6366 Virginia Beach Boulevard μ Feet 0 80160 320 480 640 Packet 800 Pg. 960272 Building 6.L.a Virginia Beach Planning Commission November 13, 2024 Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Public Meeting Item #1, 2, & 3 Franklin Group Companies, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Madam Clerk: Our first agenda item is, items #1, 2, 3 for Franklin Group Companies, LLC. Mr. Beaman: Thank you, Mr. Chair, Madam Vice-Chair, members of the commission. For the record my name is Rob Beaman. I'm a local land use attorney at the Troutman Pepper Law Firm. Here today on behalf of the applicant, Franklin Group Companies. Joining me this afternoon are several of the principals from Franklin Group including Taylor Franklin, James Noel, Freddie Fletcher, and Murray Kirk. First, I wanted to thank Kathy and Marchelle, and the rest of the staff for all their help with this application over the past several months. We certainly appreciate all their work on this application and the presentation that Marchelle gave this morning to you in the informal session. I also wanted to thank Karen Prochilo and the Senior Housing Advisory Committee who've been great to work with, and had a thorough sit down with us to go over the design, and all the amenities that will be offered with this application. Marchelle did a great job of kind of pointing out the highlights of the of the application this morning, but there are a couple of key aspects of it that I wanted to highlight for you this afternoon. The first one is that this property is unique. It is approximately 6.8 acres that's located, set back pretty far off Virginia Beach Boulevard behind the existing AAA office building and is currently zoned B2. It's surrounded on two sides by residential uses, and so given the fact that the adjacent uses are residential and sits so far back off Virginia Beach Boulevard the B2 zoning is probably not appropriate. It probably makes more sense for a residential zoning classification which is what the applicant is proposing today. Secondly, this project would fulfill two critical needs that have been identified even by City Council for housing in the city. Number one being senior housing, and the second being affordable housing. This project would be reserved for folks who are 62 years and older in age and would also 70% of the units would be reserved for folks who qualify under the income restrictions, and the low-income housing tax credit program. The need for this type of housing in Virginia Beach is evidenced by one of the applicants other projects which came through this Commission a couple of years ago has been completed, and recently opened at least up very quickly, and currently has a waiting list I understand from my client of almost 40 people, about 40 people, and they're turning away 20 to 25 others every month just kind of demonstrates the need for this type of housing in Virginia Beach and specifically along this corridor. Like Birchwood this project would have a number of high-end amenities, and high-end design. There would be indoor and outdoor amenities including fitness center meeting space, and also on the exterior Packet Pg. 273 6.L.a they'd be pickleball courts, which are shown on the site plan in addition to grilling Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA areas and that sort of thing. I also wanted to mention that the applicant has conducted extensive public outreach in connection with this application. We sent letters to each the adjacent property owners inviting them to a meeting at one of Franklin Group's other properties, and then additionally we feel at telephone calls from some of the adjacent property owners who weren't able to make that meeting, but have wanted to reach out, and get additional information and the feedback we've received so far has been very positive. Finally, I did want to touch on the subdivision variance as part of this application. In addition to the rezoning, we're asking for a subdivision variance. The need for that is really generated by the unique dimensions of the site. It's exceptionally deep and exceptionally narrow. It's 11 acres, but only 300 feet in width, and so that's really driving the need for a subdivision variance on this site. Part of the city's consideration when it comes to subdivision variances, there's a multi-point test, and two of the main considerations number one is, it can't be of so general or recurring in nature that it shared by a lot of properties in the vicinity. This is a really unique property that I haven't encountered in my career something similar to this in terms of the exceptional depth and width, and then secondly that it doesn't have any adverse effects. The variance wouldn't have any adverse effects on surrounding property owners. Not only would this application not have any adverse effects on the surrounding property owners. It would facilitate a more compatible zoning classification, and more compatible use than the current B2 use of the property which would allow for a myriad of commercial uses. So, with that we certainly thank you for your time, and consideration of this application, and our team and I will stand by for questions. Mr. Alcaraz: Do we have any speakers? Madam Clerk: No we do not have any speakers for this item. Mr. Alcaraz: So we were asking to hear further requests of the commissioners. So, you can just stay right there. Alright, I'm gonna open the floor for questions from the commissioners. Mr. Plumlee: Good afternoon Mr. Beaman. Thank you very much for your presentation. Can you address there were some concerns brought up this morning about the traffic along that section of Virginia Beach Boulevard, a traffic engineer spoke to that issue in our informal session, but I think it's important to highlight how with regards to the, I think it's what 4,500 trips a day anticipated from this new development, how is that going to be dealt with along Virginia Beach Boulevard? Packet Pg. 274 6.L.a Mr. Beaman: You know that's right. So, the current zoning classification of the property is B2, Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA which would permit commercial uses which generally generate far more traffic than any type of residential multifamily residential especially senior housing which typically generates even less than typical apartments just because there's age restrictions on those. So compared to what's permitted by right on the property now, this use would provide for a fraction of the traffic that would currently be generated, and I think that's reflected. Marchelle reflected that in the staff report as well. Mr. Plumlee: You had discussed some of the amenities pickleball courts, some of the interior amenities how are people going to or if they can walk to Virginia Beach Boulevard, if they want to use public transport from this location? Mr. Beaman: Sure. There are walking trails proposed, and shown on the site plan around our building that actually connect to walking trails that are already on or sidewalks, that are already on the AAA office building piece, where they don't fully connect to Virginia Beach Boulevard. We've shown additional connections to make sure that folks can walk all the way from our site all the way out to Virginia Beach Boulevard. Mr. Plumlee: Just for clarity on that point because there are all these disclosures about AAA in the documentation, so there is an arrangement, so those walkways can be used. I think, I think that's important to clarify. Mr. Beaman: That's correct we are engaging within an ingress egress easement that will include both pedestrian ingress and egress, and vehicular ingress and egress all the way out to Virginia Beach Boulevard. Mr. Plumlee: You had talked about the unusual shape of the parcel, you know, this in a lot of respects, you're kind of creating the need by proposing the project, in other words the hardship doesn't exist until your application comes along. Can you kind of further explain your position on that? I want to give you time to address that. Mr. Beaman: Sure. With a piece of property that's so long, and so narrow, especially zone B2 and with parts sitting so far off Virginia Beach Boulevard, and without a surrounding roadway corridor that's developed very difficult to develop this property for one single use, and it really lends itself to multiple uses, and the only way practically to do that is to subdivide the rear in order to allow for a residential use in the rear, which is compatible with those surrounding uses while the front stays commercial, which is more appropriate along Virginia Beach Boulevard. Packet Pg. 275 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Mr. Plumlee: So the only way to get street access is by having the variance? Mr. Beaman: That's correct. Mr. Plumlee: Thank you. Mr. Alcaraz: Alright. Thank you, any other questions? Mr. Mauch? Mr. Mauch: I believe that there's been an updated conceptual aerial that adds for a little bit more tree canopy or barrier buffer between the apartments adjacent to it, is that correct? Mr. Beaman: That's correct. I appreciate you asking that question. I wanted to put this on the record for the Commission. I emailed Marchelle yesterday afternoon about this, but we have been working with the property owner to the west, the apartment community and have agreed to install additional landscaping over and above the category for landscaping, which is shown on the site plan currently, and that would be evergreen landscaping. Additional, evergreen trees to provide a more opaque screen, and so we have informed the adjacent property owner that we would be modifying the site plan between Planning Commission and City Council. I also did email that to Marcelle, so it would be on the Planning Department's official record, but I wanted to put it on the record before you today as well, so I appreciate the question. Mr. Alcaraz: Alright, thank you. Any other questions? I see none. This time I'm gonna open it for discussion among the commissioners. Is there anybody who'd like to say something? Mr. Plumlee: Yeah, I would like to make a motion if it's appropriate this time if we want a general discussion. I think, we need these units. I think the applicant has done a good job. I frankly, I am encouraged by the additional buffer. I would just recommend if we do come around to agreeing to prove it that we add this language that specifically that the plan has been updated, and that the staff be satisfied with the contents of the update before it's presented, that's what we're recommending. So, I would ask for that to be part of it, if that's the inclination of the commission to approve it. Mr. Alcaraz: Okay. Kaitlen, you got that? I have a motion. Do I have a second? Second by Mr. Parks. Is anybody abstaining? None. Is there any additional discussion? I see none. The vote is open. Packet Pg. 276 6.L.a Madam Clerk: By a recorded vote of 10:0, items 1, 2, and 3 Franklin Group Companies, LLC has Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA been recommended for approval. Mr. Alcaraz: Thank you. Next item. Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Proffers Proffer 1 When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled “GRAND LAKE – VIRGINIA BEACH, VA, Conceptual Development Plan”, dated September 24, 2024, and prepared by Timmons Group (the “Concept Plan”), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 2 When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled “GRAND LAKE – VIRGINIA BEACH, VA, Conceptual Landscape Plan”, dated September 24, 2024, and prepared by Timmons Group (the “Conceptual Landscape Plan”), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and is incorporated herein by reference. Proffer 3 The quality of architectural design and materials of the mixed use buildings constructed on the Property, when developed, shall be in substantial conformity with the two-page exhibit prepared by Cox, Kliewer & Company, P.C., entitled “GRAND LAKES AGE RESTRICTED APARTMENTS, PRELIMINARY ELEVATIONS, VIRGINIA BEACH BOULEVARD, VIRGINIA BEACH, Packet Pg. 277 6.L.a VIRGINIA”, and dated September 5, 2024 (the “Conceptual Elevation”), a copy of which has Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and is incorporated herein by reference. Proffer 4 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of one hundred seventy-two (172). Proffer 5 The final stormwater management plan submitted to the Development Services Center (DSC) during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). Proffer 6 In lieu of the twenty foot (20’) wide landscape buffer that would otherwise be required under Section 803(b) of the City Zoning Ordinance, a ten foot (10’) wide landscape buffer will be provided along the Property’s western boundary. Proffer 7 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Packet Pg. 278 Packet Pg. 279 6.L.a Attachment: 06, 07, 08_ARF Package for Franklin Group Companies, LLC (4373 : Franklin Group Companies, LLC Property Owner: TAA Corporate Center Office Property LLC Conditional R) TIFFANY COREY-BROWN / FIRST THURSTON, LLC, FOR A CONDITIONAL USE PERMIT RE DAY-CARE CENTER AT 5701 THURSTON AVENUE, SUITE 103 DISTRICT 4 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. 280 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TIFFANY COREY-BROWN [Applicant] FIRST THURSTON LLC [Property Owner] Conditional Use Permit (Day-care Center) for the property located at 5701 Thurston Avenue, Unit 103 (GPIN 1469037279). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: December 10, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a Day-Care Center within a 6,600 square foot unit of an existing building within the I-1 Light Industrial District. The property is located within the Burton Station Strategic Growth Area and is surrounded mostly by light industrial office uses and an elementary school to the east. Proposed Hours of operation will be from 6:30 a.m. to 6:00 p.m., Monday through Friday. Pick-up and drop-off times will coincide with the proposed hours of operation. No exterior modifications are proposed to the existing building, with the exception of signage. A 625 square foot fenced-in playground will be added to the north side of the building to provide the children with a safe and secure area to play outdoors.  Considerations: This property falls within the Burton Station SGA and although this project does not perfectly align with the overall goals of the SGA, it does still serve an important role for the community. Staff and the Planning Commission concurred that the proposed Day-Care Center will not only provide educational opportunities for preschool and school-aged children, but it will also provide childcare opportunities for the workforce in the immediate area where this type of service is limited. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. At their hearing, the Planning Commission requested condition 4 be modified to only include the option for a vinyl fence rather than wood or vinyl. There is no known opposition to this request.  Recommendation: On November 13, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The hours of operation for the Day-Care Center shall be 6:30 a.m. to 6:00 p.m., Monday through Friday. Packet Pg. 281 6.L.a Tiffany Corey-Brown Page 2 of 2 Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit 2. 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 Department of Planning & Community Development for the installation of any new signs. 3. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Day-Care Facility license will result in revocation of the Conditional Use Permit. 4. The proposed playground area shall be fully enclosed with a six-foot tall vinyl privacy fence with evergreen shrubs reaching five to six feet at maturity. 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official’s Office for use of the building as a Day- Care Center. 6. The ultimate occupancy load shall be subject to the approval of the Building Official’s Office, as required by applicable building codes, and as noted on the Certificate of Occupancy and posted by the Fire Marshal.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 282 6.L.a Agenda Item 9 Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Applicant: Tiﬀany Corey-Brown Property Owner: First Thurston LLC Planning Commission Public Hearing: November 13, 2024 City Council District: District 4 (Ross-Hammond) Project Details Request Condi onal Use Permit (Day-care Center) Staﬀ Recommenda on Approval Staﬀ Planner Madison Byrd Harris Eichholz Loca on 5701 Thurston Avenue, Suite 103 GPIN 1469037279 Site Size 6,600 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Exis ng Land Use and Zoning District Oﬃce / I-1 Light Industrial Surrounding Land Uses and Zoning Districts North Thurston Avenue Oﬃce / I-1 Light Industrial South Oﬃce / I-1 Light Industrial East Diamond Springs Road Elementary School / R-7.5 Residen al West Oﬃce / I-1 Light Industrial Tiﬀany Corey-Brown Agenda Item 9 page 1 of 19 Packet Pg. 283 6.L.a Background & Summary of Proposal Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit  The applicant is reques ng a Condi onal Use Permit to operate a Day-Care Center within a 6,600 square foot unit of an exis ng building within the I-1 Light Industrial District. The property is located within the Burton Sta on Strategic Growth Area (SGA) and is surrounded mostly by light industrial oﬃce uses and an elementary school to the east.  The expected ages of the children to be served are from age 6 weeks to 12 years. The Building Oﬃcial and the Department of Educa on will determine the maximum occupancy for the Day-Care Center.  Per the applicant, hiring will be based on child enrollment. The teacher to child ra o will be as follows: Infants 1:4, 1-year olds 1:5, 2 year olds 1:8, 3 year olds 1:10, 4 year olds 1:10, and school aged children 1:18.  The proposed hours of opera on will be from 6:30 a.m. to 6:00 p.m., Monday through Friday. Pick-up and drop-oﬀ mes will coincide with the proposed hours of opera on, with drop-oﬀ mes beginning at 6:30 a.m. and pick-up mes ending by 6:00 p.m., Monday through Friday.  No exterior modifica ons are proposed to the exis ng building, with the excep on of signage. A 625 square foot fenced-in playground will be added to the north side of the building to provide the children with a safe and secure area to play outdoors.  Per the Zoning Ordinance, a Day-Care Center requires one parking space per 300 square feet of floor area and oﬃce uses require one parking space per 330 square feet of floor area. A total of 71 spaces are required for the building, 37 of those are required for the proposed Day-Care Center Use. 73 parking spaces are provided thereby sa sfying the parking requirement. Tiﬀany Corey-Brown Agenda Item 9 page 2 of 19 Packet Pg. 284 6.L.a Zoning History Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit No Zoning History Applica on Types CUP: Condi onal Use Permit MDP: Modifica on of Proﬀers SVR: Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Condi onal Rezoning STC: Street Closure STR: Short Term Rental MDC: Modifica on of FVR: Floodplain Variance Condi ons ALT: Alterna ve Compliance Evalua on & Recommenda on The request for a Condi onal Use Permit for a Day-Care Center is, in Staﬀ’s opinion, acceptable. This property falls within the Burton Sta on SGA. This area of the SGA calls for light industrial/flexible oﬃce use space. Ul mately, the vision for the Burton Sta on SGA deems this area to be unsuitable for “residen al or neighborhood retail uses”. Although this project does not perfectly align with the overall goals of the SGA, it does s ll serve an important role for the community. A Day-Care Center will provide a much-needed resource for those working in the industrial park and surrounding areas. While the area consists mostly of light industrial oﬃce uses, the Day-Care Center will not be completely out of character with the area, as there is an elementary school to the east of the property that serves the neighboring residen al communi es. Addi onally, Staﬀ believes that the proposed Day-Care Center will not only provide educa onal opportuni es for pre-school and school-aged children, but it will also provide childcare opportuni es for the workforce in the immediate area where this type of service is limited. As stated previously, the applicant intends to construct an outdoor play area for the children. This area will be located to the north of the building, along Thurston Avenue. For the children’s safety, the play area will be fully enclosed with a six-foot-tall privacy fence, as recommended in Condi on 4. Tiﬀany Corey-Brown Agenda Item 9 page 3 of 19 Packet Pg. 285 6.L.a Staﬀ does not foresee any adverse impacts to the surrounding uses and proper es and for this reason and those stated above, Staﬀ recommends approval of this applica on, subject to the condi ons listed below. Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Recommended Condi ons 1. The hours of opera on for the Day-Care Center shall be 6:30 a.m. to 6:00 p.m., Monday through Friday. 2. 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 Department of Planning & Community Development for the installation of any new signs. 3. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Day-Care Facility license will result in revocation of the Conditional Use Permit. 4. The proposed playground area shall be fully enclosed with a six-foot tall vinyl or wood privacy fence with evergreen shrubs reaching five to six feet at maturity. 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official’s Office for use of the building as a Day-Care Center. 6. The ul mate occupancy load shall be subject to the approval of the Building Oﬃcial’s Oﬃce, as required by applicable building codes, and as noted on the Cer ficate of Occupancy and posted by the Fire Marshal. Further condi ons may be required during the administra on of applicable City Ordinances and Standards. Any site plan submi ed with this applica on 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 Inspec ons Division, and the issuance of a Cer ficate of Occupancy, are required before any approvals allowed by this applica on are valid. The applicant is encouraged to contact and work with the Crime Preven on Oﬃce within the Police Department for crime preven on techniques and Crime Preven on Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Tiﬀany Corey-Brown Agenda Item 9 page 4 of 19 Packet Pg. 286 6.L.a Comprehensive Plan Recommenda ons Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit The Comprehensive Plan classifies this property as falling into the Burton Sta on SGA. The Burton Sta on SGA places this property within the Airport Industrial Park, which calls for light industrial and flexible oﬃce space. The SGA specifically states that the area is not suitable for “residen al or neighborhood retail uses”. Though the Comprehensive Plan does not call for this use in this area, there are benefits to the community that the Day-Care Center would provide, including a childcare op on for those working in the industrial and oﬃce parks in the surrounding area. It is also located across the street from Bayside Elementary School, which is a similar use to the proposed facility. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be aﬀected by this project. Traﬃc Impacts/Transporta on Traﬃc Counts Street Name Present Volume Present Capacity Generated Traﬃc Exis ng Land Use 2 – 228 ADT 1 1 4 Thurston Ave 3,300 ADT 9,900 ADT (LOS “D”) Proposed Land Use 3 – 314 ADT 1 2 3 4 Average Daily Trips As defined by an As defined by a LOS = Level of 6,600 SF Industrial 6,600 SF Day-Care Service Park Center Master Transporta on Plan (MTP) and Capital Improvement Program (CIP) Thurston Ave is a two-lane local street in the vicinity of this site with a right-of-way of 65 feet. The MTP does not address Thurston Avenue. There are no CIP projects scheduled for Thurston Avenue. Public U lity Impacts Water & Sewer This site is connected to City water & City sanitary sewer. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure, fire protec on and sanitary sewer service. Tiﬀany Corey-Brown Agenda Item 9 page 5 of 19 Packet Pg. 287 6.L.a Public Outreach Informa on Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Planning Commission  As required by the Zoning Ordinance, the public no ce sign(s) was placed on the property on October 14, 2024.  As required by State Code, this item was adver sed in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 2024.  As required by City Code, the adjacent property owners were no fied regarding the request and the date of the Planning Commission public hearing on October 28, 2024.  This Staﬀ report, as well as all reports for this Planning Commission’s mee ng, was posted on the Commission’s webpage of virginiabeach.gov/pc on November 7, 2024 City Council • As required by City Code, this item was adver sed in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 2024. • As required by City Code, the adjacent property owners were no fied regarding both the request and the date of the City Council’s public hearing on November 25, 2024. • The City Clerk’s Oﬃce posted the materials associated with the applica on on the City Council website of clerk.virginiabeach.gov/city-council on December 4, 2024. Tiﬀany Corey-Brown Agenda Item 9 page 6 of 19 Packet Pg. 288 Exis ng Site Layout Tiﬀany Corey-Brown Agenda Item 9 page 7 of 19 Packet Pg. 289 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Proposed Site Layout Tiﬀany Corey-Brown Agenda Item 9 page 8 of 19 Packet Pg. 290 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Proposed Playground Tiﬀany Corey-Brown Agenda Item 9 page 9 of 19 Packet Pg. 291 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Proposed Floor Plan Tiﬀany Corey-Brown Agenda Item 9 page 10 of 19 Packet Pg. 292 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Site Photos Tiﬀany Corey-Brown Agenda Item 9 page 11 of 19 Packet Pg. 293 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Site Photos Tiﬀany Corey-Brown Agenda Item 9 page 12 of 19 Packet Pg. 294 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Disclosure Statement Tiﬀany Corey-Brown Agenda Item 9 page 13 of 19 Packet Pg. 295 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Disclosure Statement Tiﬀany Corey-Brown Agenda Item 9 page 14 of 19 Packet Pg. 296 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Disclosure Statement Tiﬀany Corey-Brown Agenda Item 9 page 15 of 19 Packet Pg. 297 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Disclosure Statement Tiﬀany Corey-Brown Agenda Item 9 page 16 of 19 Packet Pg. 298 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Disclosure Statement Tiﬀany Corey-Brown Agenda Item 9 page 17 of 19 Packet Pg. 299 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Disclosure Statement Tiﬀany Corey-Brown Agenda Item 9 page 18 of 19 Packet Pg. 300 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit 6.L.a Next Steps Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit  Upon receiving a recommenda on from Planning Commission, this request will be scheduled for a City Council public hearing. Staﬀ will inform the applicant and/or their representa ve of the date of the hearing in the upcoming days.  Following City Council’s decision, the applicant will receive a decision le er from Staﬀ.  Once the condi ons of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verifica on that the condi ons 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 condi ons may be required during the administra on of applicable City Ordinances and Standards. Any site plan submi ed with this applica on 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 Inspec ons Division, and the issuance of a Cer ficate of Occupancy, are required before any approvals allowed by this applica on are valid.  The applicant is encouraged to contact and work with the Crime Preven on Oﬃce within the Police Department for crime preven on techniques and Crime Preven on Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Tiﬀany Corey-Brown Agenda Item 9 page 19 of 19 Packet Pg. 301 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First I1 I1 n ue Ave Diamond Springs Road t on s T hur I1 R7.5 R7.5 I1 I1 Site Property Polygons Zoning Tiffany Corey-Brown 5701 Thurston Avenue, Suite 103 μ Feet 0 25 50 100 150 200 250 Packet300 Pg. 302 Building 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Virginia Beach Planning Commission November 13, 2024 Public Meeting Item # 9 Tiffany Corey-Brown Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Our next item is agenda item #9, Tiffany Corey-Brown. Ms. Brown: Hello. My name is Tiffany Corey-Brown, and I'm here for 5701 Thurston Avenue is to open up a daycare center to All About You Daycare Center. Ms. Cuellar: Ms. Corey-Brown are the conditions acceptable to you? Ms. Brown: Yes ma'am. Ms. Cuellar: In our conversation, we want to ask you, if we could amend this to include the vinyl fencing. Ms. Brown: Yes ma'am, and I did let Madison know that I was okay with that. Ms. Cuellar: So you do agree to that condition, and when we vote we'll vote with that amendment. Ms. Brown: Yes ma'am. Ms. Cuellar: Thank you very much. Ms. Brown: Thank you. Ms. Cuellar: Are there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Byler to read this into the record. Ms. Byler: The applicant requests a conditional use permit for a daycare center. The property falls within the Burton Station SGA. The area of the SGA calls for a light industrial flexible office use space. The vision for the Burton Station SGA deems this area to be unsuitable for residential or neighborhood retail uses. While the project does not perfectly align with the overall goals of the SGA, it serves an important role for the community. A daycare center will provide a much needed resource for those working in the industrial park and surrounding areas, and the area consists mostly of light industrial office use. The daycare center will not be completely out of character with the area as there is an elementary school to the east of the property that serves the neighboring residential communities. Staff believes the proposed Packet Pg. 303 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit daycare center will not only provide educational opportunities for preschool and school-aged children, but will also provide childcare opportunities for the workforce in the immediate area where this type of service is limited. Staff has further recommended some conditions, and applicant has agreed to all of those. Ms. Cuellar: Thank you very much. We will now place on the consent agenda applications # 4, 6, 9, 10 and 11. Mr. Alcaraz: Alright. Thank you. Do I hear a motion for consent as read by vice-chair? Ms. Cuellar: Yes, I move that these items be approved by consent with the amended condition for the vinyl fence to be included in agenda #9. Mr. Alcaraz: Second by Ms. Hippin. Is there anyone abstaining? Mr. Plumlee: Yes. I'm abstaining from items 10 and 11 for the reasons set forth in a letter with the City Attorney's Office. Mr. Alcaraz: Alright, thank you. Mr. Parks: I just realized, I'd like to disclose that RMM does do business with Sentara, but I do not personally. So there should not be any conflict of interest. Mr. Alcaraz: Thank you for letting us know. Vote is open. Madam Clerk: Vote is now open. By a vote of 9:0, with one abstention on items 10 and 11 items 4, 6, 9, 10, and 11 have been recommended for approval by consent. Mr. Alcaraz: Okay, thank you. Alright, so your application was approved. If you could see your representative at the planning department, they'll let you know when you'll be in front of City Council. Congratulations. Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Packet Pg. 304 6.L.a Attachment: 09_ARF Package for Tiffany Corey-Brown (4379 : Tiffany Corey-Brown Property Owner: First Thurston LLC Conditional Use Permit Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. The hours of operation for the Day-Care Center shall be 6:30 a.m. to 6:00 p.m., Monday through Friday. 2. 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 Department of Planning & Community Development for the installation of any new signs. 3. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Day-Care Facility license will result in revocation of the Conditional Use Permit. 4. The proposed playground area shall be fully enclosed with a six-foot tall vinyl or wood privacy fence with evergreen shrubs reaching five to six feet at maturity. 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official’s Office for use of the building as a Day-Care Center. 6. The ultimate occupancy load shall be subject to the approval of the Building Oﬃcial’s Oﬃce, as required by applicable building codes, and as noted on the Certiﬁcate of Occupancy and posted by the Fire Marshal. Packet Pg. 305 JD ENTERPRISES VA, LLC DBA ATLANTIC RENTAL HOMES / LEI XU FOR A CONDITIONAL USE PERMIT RE SHORT TERM RENTAL AT 903 PACIFIC AVENUE, UNIT C DISTRICT 5 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 306 6.L.a Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JD ENTERPRISES VA, LLC DBA ATLANTIC RENTAL HOMES [Applicant] LEI XU [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 903 Pacific Avenue Unit C (GPIN 24272444110970). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: December 10, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom unit of the Pacific Place Condominiums located at 903 Pacific Avenue, Unit C. When researching the property for the current request, staff discovered the site was currently being advertised and rented as a Short Term Rental. Staff communicated with the applicant that they could not advertise or rent the site as a Short Term Rental without an approved Conditional Use Permit. The advertisement was then deactivated on August 28, 2024, but subsequently reactivated on September 4, 2024, and documented stays have taken place. There is currently one active zoning violation on the site, for which a Notice of Violation was issued on September 18, 2024. The advertisement for the property was modified to require stays of 30 days or more.  Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Pacific Place Condominiums. Short Term Rentals are prevalent on this property with a total of 23 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in the condominium’s parking lot. Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. 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 for this request. Packet Pg. 307 6.L.a JD Enterprises VA, LLC DBA Atlantic Rental Homes Page 2 of 5 Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental  Recommendation: On November 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 2. 1. The following conditions shall only apply to the dwelling unit addressed as 903 Pacific Avenue, Unit C and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. Packet Pg. 308 6.L.a JD Enterprises VA, LLC DBA Atlantic Rental Homes Page 3 of 5 Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental 9. If, or when, the ownership of the property changes, it is the seller’s responsibility to notify the new property owner of requirements ‘a’ through ‘c’ below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue’s Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. Packet Pg. 309 6.L.a JD Enterprises VA, LLC DBA Atlantic Rental Homes Page 4 of 5 Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures.  Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Packet Pg. 310 6.L.a JD Enterprises VA, LLC DBA Atlantic Rental Homes Page 5 of 5 Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 311 6.L.a Agenda Item 5 Applicant: JD Enterprises VA, LLC DBA Atlantic Rental Homes Property Owner: Lei Xu Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental Planning Commission Public Hearing: November 13, 2024 (Deferred at October 9, 2024 PC) City Council District: District 5 (Wilson) Project Details Request Conditional Use Permit (Short Term Rental) Staﬀ Recommendation Denial Staﬀ Planner Alexis Bailey Location 903 Paciﬁc Avenue Unit C GPIN 24272444110970 Site Size 34,984 square feet AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Atlantic Ocean Existing Land Use and Zoning District Condominium Complex / OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Multi-family dwellings, commercial parking lot / OR Oceanfront Resort South 9th Street Municipal Parking Garage / OR Oceanfront Resort East Atlantic Avenue Retail Shops / OR Oceanfront Resort West Paciﬁc Avenue Commercial Parking Lot / OR Oceanfront Resort JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 1 of 14 Packet Pg. 312 6.L.a Background & Summary of Proposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 903 Paciﬁc Avenue, Unit C. The Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental 34,984 square foot parcel contains the Paciﬁc Place Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was built in 1969. • Staﬀ inspected the site on August 27, 2024 to observe site conditions. • On-street parking is not permitted on this portion of Paciﬁc Avenue. • When researching the property for the current request, staﬀ discovered the site was currently being advertised and rented as a Short Term Rental. Staﬀ communicated with the applicant that they could not advertise or rent the site as a Short Term Rental without an approved Conditional Use Permit. The advertisement was then deactivated on August 28, 2024, but subsequently reactivated on September 4, 2024, and documented stays have taken place. There is currently one active zoning violation on the site, for which a Notice of Violation was issued on September 18, 2024. • While this property has been registered with the Commissioner of the Revenue in February 2019 and paying taxes since March 2019, it does not meet the deﬁnition of a grandfathered Short Term Rental in accordance with Section 241.2(12) of the Zoning Ordinance which states that only those units that have been registered with the Commissioner of the Revenue and paying transient occupancy taxes prior to July 1, 2018, shall be considered grandfathered. • While this application was initially scheduled to be heard at the October 9th Planning Commission hearing, due to questions regarding the potential grandfathered status of the property, the Planning Commission voted to defer the application to their November hearing. After further discussions with Staﬀ and the Commissioner of the Revenue, as mentioned above, it was determined the property was not grandfathered and thus the Conditional Use Permit for a Short Term Rental was required. • Known Short Term Rental activity as of November 4, 2024, is shown in the chart below: REGISTERED WITH THE COMMISSIONER CURRENTLY ADVERTISED LAST KNOWN RENTAL OF THE REVENUE Yes September 2024 Yes JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 2 of 14 Packet Pg. 313 6.L.a Short Term Rentals in the Vicinity Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identiﬁed in Section 241.2 of the City Zoning Ordinance. Speciﬁc details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (historical exemption applies): 1 • Number of oﬀ-street parking spaces provided: 1 JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 3 of 14 Packet Pg. 314 6.L.a Zoning History Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental # Request 3 CUP (Short Term Rental) Approved 07/09/2024 CUP (Short Term Rental) Approved 06/04/2024 CUP (Short Term Rental) Approved 05/21/2024 CUP (Short Term Rental) Approved 05/21/2024 2 CUP (Short Term Rental) Approved 03/19/2024 CUP (Short Term Rental) Approved 11/14/2023 CUP (Short Term Rental) Approved 09/19/2023 1 CUP (Short Term Rental) Approved 09/19/2023 CUP (Short Term Rental) Approved 09/19/2023 CUP (Short Term Rental) Approved 07/11/2023 CUP (Short Term Rental) Approved 05/16/2023 1 CUP (Short Term Rental) Approved 05/16/2023 CUP (Short Term Rental) Approved 07/12/2022 CUP (Short Term Rental) Approved 04/05/2022 CUP (Short Term Rental) Approved 11/09/2021 CUP (Short Term Rental) Approved 11/09/2021 CUP (Short Term Rental) Approved 04/06/2021 CUP (Short Term Rental) Approved 03/02/2021 CUP (Short Term Rental) Approved 10/20/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 06/09/2020 CUP (Short Term Rental) Approved 02/04/2020 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 2 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 3 STC Approved 12/07/2004 JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 4 of 14 Packet Pg. 315 6.L.a Application Types CUP: Conditional Use Permit MDP: Modiﬁcation of Proﬀers SVR: Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental CRZ: Conditional Rezoning STC: Street Closure STR: Short Term Rental MDC: Modiﬁcation of FVR: Floodplain Variance Conditions ALT: Alternative Compliance Evaluation & Recommendation The applicant is requesting to operate one, two-bedroom Short Term Rental unit within the Paciﬁc Place Condominium building. Short Term Rentals are prevalent on this property with a total of 23 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space per unit in the condominium’s parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Paciﬁc Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identiﬁed in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore, the use of these units as a Short Term Rental is consistent with this purpose. This unit would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. The applicant was found to be in violation of Section 2303 of the Zoning Ordinance regulating Short Term Rentals as the site was advertising and hosting rentals without an approved Conditional Use Permit. Staﬀ spoke with the applicant regarding the violations after which the site was brieﬂy brought into compliance; however, the site has since been readvertised and rented. The site was issued a zoning violation on August 23rd, 2024 for not abiding by the one rental contract per seven consecutive day, not abiding by occupancy regulations, and having no posted Short Term Rental sign as required by City of Virginia Beach regulations and the violation is still active. While a Short Term Rental is a reasonable and expected use at this location, due to the continued non- compliance with multiple regulations of Section 2303 of the Zoning Ordinance and the open Zoning Violation Staﬀ believes that these actions can be considered towards the applicants future performance and compliance with the requirements found within the Zoning Ordinance for Short Term Rentals and any conditions imposed by a Conditional Use Permit. Based on the considerations described, Staﬀ recommends denial of this application. Staﬀ has included a list of recommended conditions should the Planning Commission recommend approval of the application. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 903 Paciﬁc Avenue, Unit C and the Short Term Rental use shall only occur in the principal structure. JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 5 of 14 Packet Pg. 316 6.L.a 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental 3. The dwelling shall comply with all required Fire and Building code requirements. 4. Oﬀ-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire ﬁve (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, ﬁre or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller’s responsibility to notify the new property owner of requirements ‘a’ through ‘c’ below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue’s Oﬃce receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Oﬃce and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (ﬁres on the beach), 12-43.2 (ﬁreworks), and a copy of any approved parking plan. JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 6 of 14 Packet Pg. 317 6.L.a 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identiﬁes the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor ampliﬁed sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one ﬁre extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in eﬀect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every ﬂoor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certiﬁed by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certiﬁed Short Term Rental Management Companies or Certiﬁed Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualiﬁed to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 7 of 14 Packet Pg. 318 6.L.a maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental 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. Public Outreach Information Planning Commission • One letter of opposition has been received by Staﬀ noting concerns about traﬃc and parking created by a Short Term Rental. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 2024. • This Staﬀ report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of virginiabeach.gov/pc on November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 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 December 6, 2024. JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 8 of 14 Packet Pg. 319 Site Layout & Parking Aerial JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 9 of 14 Packet Pg. 320 6.L.a Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental Site Photos JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 10 of 14 Packet Pg. 321 6.L.a Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental Disclosure Statement JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 11 of 14 Packet Pg. 322 6.L.a Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental 6.L.a Disclosure Statement Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental 11/19/24 Alexis Bailey 11/21/204 JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 12 of 14 Packet Pg. 323 Disclosure Statement JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 13 of 14 Packet Pg. 324 6.L.a Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental 6.L.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental 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. JD Enterprise VA, LLC DBA Atlantic Rental Homes Agenda Item 5 page 14 of 14 Packet Pg. 325 6.L.a OR OR OR R5S OR OR OR Th St ree t R5S 10 Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD St reet 10Th tic OR Atlan R5S OR enue R5S ic Av R5S ue OR OR Pacif Aven A18 A18 OR OR Norfolk S tr eet OR Avenue 9th enue RT3 RT3 tic Av ue RT3 RT3 ven ific A Atlan R5S OR OR Pac R5S Site Property Polygons Zoning JD Enterprises VA, LLC DBA Atlantic Rental Homes 903 Pacific Ave, Unit C μ Feet 0 25 50 100 150 200 250 Packet300 Pg. 326 Building STR VICINITY MAP JD Enterprises VA, LLC DBA Atlantic Rental Homes Packet Pg. 327 6.L.a Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD 6.L.a Virginia Beach Planning Commission November 13, 2024 Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental Public Meeting Item # 05 JD Enterprises VA, LLC DBA Atlantic Rental Homes Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: Thank you. Next item. Ms. Cuellar: Our next item is item #5 JD Enterprises, VA, LLC DBA Atlantic Rental Homes. Mr. Alcaraz: Please come forward. Will you both be speaking? Just state your name each before you talk. Mr. Taylor: Alright. Good afternoon, and thank you for the members of the Planning Commission for allowing us to be here today. My name is Justin Taylor with the JD Enterprises VA, LLC DBA Atlantic Rental Homes, and we are here seeking a conditional use permit for the property at 903 C Pacific Avenue in Virginia Beach. Mr. Alcaraz: Would you like to say something, just state your name? Mr. Davis: Yes. For the record, my name is Daniel Davis. Mr. Alcaraz: Okay are you the owner? Mr. Davis: Yes, partner. Mr. Taylor: I'm sorry, we did want to mention for this particular property, we acknowledge that there was some concern about this address being advertised a little bit early before this process was complete, and we did want to sincerely apologize for that. Looking back we see that that was an issue on our company's part, although there was some confusion on whether or not this property was grandfathered in or not but again we want to sincerely apologize for that, and make sure it's known that that would not be an issue for our company moving forward. We hope the Planning Commission will take into consideration the fact that we have now met all of the requirements, and that this property is in an area that's approved for short-term rentals, and the majority of the units in this particular building are or a lot of them are already used for short-term rentals. We also acknowledge that there was a concern about parking. We know that there is one parking space per unit for this particular building. We also received the document from the Planning Commission saying that there's an exception that allows, even though this unit that has two bedrooms to only have one parking space, I guess that was an agreement that was made previously just based on the size of the area. There's only enough room for one Packet Pg. 328 6.L.a parking space, and there's a garage right next door where people can park if they Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental have additional vehicles, so that really wouldn't be an issue whether we were approved or whether it was just a long-term resident moving into that space, and we do also hope that the Planning Commission will take our track record into consideration as a company that manages multiple short-term rentals in the overlay district, and that has obtained now about 19 conditional use permits that are all in good standing. We definitely are willing to meet all of the city's guidelines, and recommendations that have been put forth for short-term rentals. Mr. Alcaraz: Alright. Any questions for the applicant? Mr. Plumlee? Mr. Plumlee: I do want to give you an opportunity to explain mate with a little more clarity, how the mistake occurred, because it's my understanding the city had notified you all that this conditional use permit was required, but it was after the notification of its requirement that it was advertised as a rentable unit under short-term rental terms. So I'm a little confused as to how that confusion cropped up maybe it was left hand not talking the right hand, I don't know, but I want to give you an opportunity to sort of explain the details more fully if you could. Mr. Taylor: Yes sir. Thank you. So when we got this property last year, the previous owner had let us know he had been managing short-term rentals there for about five years or so that he believed it was grandfathered in. From our experience when that is the case it's a pretty quick process to get your short-term rental permit if you're not having to go through the whole process of getting a conditional use permit. We had another property at 304 28th Street the year before. We did that same process, and it was all approved rather quickly. I wanted to mention that when we did reach out to the city with zoning multiple members told us, yes you are correct this property is grandfathered in, and they actually issued us a short-term rental permit for this property by email. A few days later they came back, and said we're so sorry, there has been a mistake. This property is not grandfathered in and we're gonna have to take this permit back, so that was something that was a little confusing, but again we do acknowledge that before we ever advertise this property, we should have done our due diligence to make sure that we did have our own permit with our own name on it. So again we do apologize and moving forward, we'll make sure we won't have that issue again. Ms. Byler: So, I appreciate that partial explanation, but I am concerned because the staff has basically a policy that if you're non-compliant before you ever apply, then we don't generally recommend approval because we don't want an enforcement problem later. So if you don't follow the rules beforehand, perhaps you won't follow the Packet Pg. 329 6.L.a rules afterwards, but you tell me, you thought you were grandfathered in, is there Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental any way you can alleviate my concerns that in fact it was an oversight that you advertised after you were told you are not grandfathered? Mr. Taylor: So I believe at that point our listing had been taken down, I don't want to get too confused with the timeline. Again, we do apologize for having listed it early. Our listing has been taken down, and we've been waiting for the opportunity to go through this process. Again, it definitely was an oversight on our part. We thought it was grandfathered in. The previous owner had made it seem that way, and said that they didn't have any issues, and again we should have just waited to make sure that that was all sealed up, but again we hope the Planning Commission will take our track record as a company that has been managing multiple properties in the overlay district in good standing for several years now. Again, we have multiple conditional use permits, so we are aware of the process. We are doing things, trying our best to comply with all the regulations. We certainly don't want to have any issues with the City of Virginia Beach, and are trying to do the exact opposite, and hopefully can be an example of a company that has continues to successfully manage short-term rentals within the city. Ms. Byler: So after you were told that they were incorrect, when they told you it was grandfathered, and in fact it was not grandfathered, so then you didn't renew an ad or initiate another ad? Mr. Taylor: Correct. Our listing was taken down. We had not advertised for short-term rentals. Ms. Byler: Okay, thank you. I appreciate that. Mr. Plumlee: I'd just like to clarify that point too because now I'm a little confused because I thought when you contacted the city and the city said yes, you are grandfathered, you heard that from a city staff member, that's what I heard you say, is that accurate? I just wanted because I thought you indicated you contacted zoning, or someone and they told you that it was in fact a grandfathered property. In my understanding is that correct? Mr. Taylor: Yes, they did say that it was grandfathered in, and they actually issued us a short- term rental permit. Mr. Plumlee: You got that, and so at that point that's when you re-advertised it as opening is that? Packet Pg. 330 6.L.a Mr. Taylor: Yes, that's correct, yes sir. Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental Mr. Plumlee: Even though you had been told previously by staff that you needed a conditional use permit, I just want to make sure, I'm not really understanding the timing of how that came across, but I think it's important to clear this up, if we can. Mr. Taylor: Okay. So, again basically when we got the property, we were told by the previous owner that they believed it was grandfathered in, and because we had gone through that process before where we were able to get a short-term rental permit pretty quickly, we did move a little too quickly, and advertised it before we got the yay or nay from zoning that it was actually grandfathered in. When we did reach out to them, they said yes it was, and they did issue the short-term rental permit. Then they came back and said we've made a mistake, it's not we have to take it back, and we took the listing down. Mr. Plumlee: And then did it again get advertised? Mr. Taylor: No, it has not been advertised again since then. Mr. Plumlee: Okay, that's where I was confused, and looking at the timeline. Mr. Alcaraz: Commissioner Byler and Plumlee if I could ask staff to go ahead, and tell me, and tell us what that current violation is right now, and the dates that are on that please. Ms. Alcock: So I don't know if Kevin wants to speak to this. Typically, it's our practice that if there is an open violation for a short-term rental it remains open until the CUP is approved. Simply filing for a CUP hasn't corrected the violation because we don't know what the outcome of the CUP will be, so we leave it open until the CUP is approved. Mr. Alcaraz: So what is the date of that violation? The formal notification I guess is what I'm asking. We're trying to put our timeline together to make sure. Ms. Alcock: It looks like the notice of violation was issued on September 18th of this year. Mr. Plumlee: So that came after the second, the way it's in the staff report is the inspection happened on the 27th of August. They then deactivated the next day, but then subsequently reactivated on September 4th, and you're saying the notice of violation went out on the 18th of September. Is that? Packet Pg. 331 6.L.a Ms. Alcock: That's correct. That's what I'm seeing in our system. Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental Mr. Alcaraz: Mr. Plumlee does that answer your question? Ms. Byler: So I guess when you advertise, it's not automatic that you're advertising for immediate occupancy. So you could be advertising saying this would be available hypothetically November 1 or some other time. Mr. Taylor: Right, but we acknowledge that still would be considered a compliance issue that you're not supposed to advertise at all. So that was our mistake, and again we do sincerely apologize for that. Ms. Byler: So the city is saying that you put in a new ad after you had been told that it was not grandfathered and your short-term rental application, or permit had been revoked. Mr. Davis: So when it was denied, or the application when they said that it was not in compliance. We did change it to 30 days or more starting for October, for September for that calendar, unfortunately, that wasn't edited, it wasn't changed, and so that's why it looked like it was open, but moving forward from October 1, and moving forward is all 30 days, or more. Mr. Taylor: So I hope that's not confusing. They do allow you to have your listing up, if it's for 30 days or more, but if it's less than 30 days, it's considered short-term rentals, which it would be a compliance issue, so I know that sounds, it's probably getting a little confusing but. Mr. Alcaraz: So your advertisement was for 30 days is what you're saying? Mr. Taylor: Yes. Mr. Alcaraz: The one that you got a violation on? Mr. Taylor: No the violation was for short term, then that was changed to only 30 days or more. Okay. Mr. Plumlee, I'm sorry. Mr. Plumlee: But it did go back to short term after we got the permit that was issued to us because we're thinking at that point we're okay. When they went back, and said sorry, we've made a mistake we did have to remove the short-term rental listing. Packet Pg. 332 6.L.a Mr. Plumlee: Did that phone call occur after the inspection by the city, and before you reactivated Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental on the 4th of September is that when you learned from the city you believed that you were in compliance? That's an important moment to understand when that call happened? Mr. Taylor: We don't have the dates when that call happened, but that sounds correct. Ms. Byler: Well. I'm convinced that there was a confusing situation, and that we representing the city were at least a part of the confusion, and I'm sorry for any part that the city played in that. It sounds to me like you were trying earnestly to be compliant, and if you have a track record on other properties, and no violations on those, it does speak to the manner in which you conduct your business. Have you had any other violations on the other properties you manage? Mr. Davis: Yes, recently for 516 19th Street Unit 3A that was not renewed, I guess the expiration date, and then they contacted us say, hey this expired, you'll need to renew your zoning permit, and so since then we removed that listing, and then we're in the process now of getting the renewal. Ms. Byler: Okay thank you. Mr. Mauch: So just for clarification are you currently advertised for a short-term rental right now? Mr. Taylor: No sir. Mr. Mauch: Okay, and does the city have a way to know this is just for staff, sorry, whether it's correct, is that correct or not? Ms. Alcock: It is listed as a 30-day plus rental. Mr. Alcaraz: Alright, any other questions? Mr. Plumlee: I think what you meant to say you weren't violated on that other property, that's not a violation. It sounds you notified that it had expired, you would not receive the notice of violation. I just want to make it clear that there wasn't another violation out there. Mr. Taylor: Oh yes. I'm sorry. I just wanted to bring that up anyway that's correct. Packet Pg. 333 6.L.a Mr. Alcaraz: Okay. Thank you very much. Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental Ms. Hippin: Okay. I think I think we got it straight, but I was making sure, so you bought the property, you were told by the previous owner, hey, this is grandfathered, so you advertised it? Mr. Taylor: Yes ma'am. Ms. Hippin: You were told by the city, yes this grandfathered. Then you were told by the city, no it's not. You remove the advertisement for less than 30 days for short-term, but you advertise it as a long-term, is that correct? Mr. Taylor: Yes ma'am. Ms. Hippin: Okay. So the current advertisement that you have on it is a long-term advertisement? Mr. Taylor: Yes ma'am. Ms. Hippin: Okay. You do not have any other violations correct or not-correct? Mr. Taylor: Correct. Ms. Hippin: Okay. So your tickler is set up, so that you don't have to go through this again right? Mr. Taylor: Right. Ms. Hippin: Awesome. Mr. Alcaraz: Any other questions? Mr. Mauch and Mr. Cromwell? Mr. Mauch: Just from staff's opinion, does that timeline sound correct that Ms. Hippin just asked? Ms. Hippin: Let me say it again. Ms. Alcock: This one is just, there's a lot involved with this one. So, initially as he mentioned reached out to our staff in the zoning division for an STR permit, it was issued an error that permit was then voided. They were told they needed to come through the Packet Pg. 334 6.L.a conditional use permit process. At that time, they were told you cannot list or rent Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental this unit as a short-term rental, until you go through the CUP process. Based on our research and using host compliance, the listing was deactivated. Let me just get the date here on August 28th 2024, but then we do show that it was subsequently reactivated on September 4th with documented stays having taken place since then. We did check now it is up there as a long-term so 30-day plus rental. Mr. Cromwell: You all said you just came into possession of this, you bought it recently, is that correct? Mr. Taylor: This summer. Mr. Cromwell:This summer. Okay. Would the previous conditions that it was not in the short- term rental when that should not have been disclosed in the closing documents, when you bought the property? Mr. Taylor: Well, that was part of the confusion. The previous owner had shown us that he had been operating as a short-term rental for about five years, and said he did not have any issues, and believed it was grandfathered in. Now we should have done our due diligence to make sure that was correct, and make sure that we also have our own permit, and our own company's name first before doing anything, so that was really the first main oversight that we made, and we do apologize for that. Mr. Alcaraz: Thank you. Alright Mr. Cromwell, everybody else? Mr. Taylor: Alright. Gentlemen, I guess you can see that the concern here is that we make sure that short-term rentals are in compliance, and if they're not, there is a process that hasn't been done yet, but there's a revocation that can happen. So anyway, I don't know which way it's gonna go, but I'm gonna close it right now. We're gonna go in discussion, and maybe a vote, and then we will go from there. Mr. Plumlee: Was there someone who was going to voice an objection. I thought that was brought up at the end. Mr. Alcaraz: I asked for speakers and there were none. Ms. Alcock: We just have the letter, but no speaker signed up for today. Mr. Alcaraz: Okay. Thank you. Packet Pg. 335 6.L.a Mr. Taylor: The letter was about the parking situation, so as we explained that really wouldn't Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental change regardless if it's short-term or long-term, there's only one parking space available at that building for each address, and then there's a parking garage right next door where people can park additional vehicles. Mr. Alcaraz: Alright, you can be seated. Thank you. Commissioners I open for discussion, if there is any or if not a motion. Ms. Hippin: Okay. I'm gonna just take a swag at this here. It seems that these gentlemen purchased a property, and they were given bad information by the previous owners. Then they got a mistaken certificate from the city, and they've stopped advertising. My only question is that there were subsequent stays during this time. Were they short-term stays or long-term? Ms.Alcock: Based on the information we have, there were documented short-term rental stays in September. After they were notified of the need for the conditional use permit. Ms. Hippin: Okay. I would say that the due diligence part is the issue. Mr. Alcaraz: So are you making a motion or is there any more discussion? Mr. Mauch: Coming into it reading all the stuff that we had. I was under the impression that it was clear violation, and kind of knowingly, I don’t really know if it is the case as black and white as what is on the paper. So, I am a little conflicted. I was thinking one thing, and I might be thinking something different now. I am not willing to put a motion on the table, but I wanted to voice that just because it was a lot of confusion with this one, and I am still thinking about it. Mr. Alcaraz: Any other comments? Ms. Cuellar: I just wanted to comment that I feel like there is a responsibility on the part of the city as much as there is on the owner, and that there was misinformation shared to the applicant that makes me pause to reflect on how we as a city can best serve our citizens when it comes to these grandfathering clauses for short-term rentals. So that's something that I'm learning in this process as to how that's best managed. I feel the applicant was humble today in earnest, and that our City Council has put in these opportunities for short-term rentals, and this is just a little more complicated than I expected. Packet Pg. 336 6.L.a Ms. Byler: Hi, Commissioner Byler here. I appreciate everything that's been said, and you Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental know I've had issues with the way the city has handled compliance on short-term rentals before because we've been understaffed, and I have sympathized with neighbors who have put up with undocumented short-term rentals or too many people, or too loud parties, and which we're working on that, but the possible non- compliance issue today doesn't fall into any of those categories in my mind. This seems like administrative error, nothing more, nothing less, and we were a part of it. So I'd like to make a motion that we approve the application. Mr. Alcaraz: Alright a motion by Ms. Byler. Second by Mr. Anderson. It is open for discussion? Mr. Mauch: Quickly if I could ask a question. With the most recent stays do we know if they are registered with the Commissioner of the Revenue, and have the transient occupancy taxes been paid for those? Ms. Alcock: Yes, they have been registered and paying transient occupancy taxes with the Commission of Revenue since February of 2019. So that's why for the grandfathered date that's as of July 1, 2018. So, they have been paying, and they just didn't meet that cutoff for the grandfather's status. Mr. Mauch: Thank you that was helpful. Mr. Alcaraz: Alright. No more discussion. The vote is open. Madam Clerk: Commissioner Alcaraz, we'll just need a verbal vote from you then. By a recorded vote of 8:2 item#5 JD Enterprises VA, LLC DBA Atlantic Rental Homes has been recommended for approval. Mr. Alcaraz: Guys. Congrats. Just stay in compliance. Packet Pg. 337 6.L.a Vote Tally Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental AYE 8 NAY 2 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 903 Paciﬁc Avenue, Unit C and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling shall comply with all required Fire and Building code requirements. 4. Oﬀ-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire ﬁve (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, ﬁre or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. Packet Pg. 338 6.L.a 8. The owner or operator must provide the name and telephone number of a responsible Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller’s responsibility to notify the new property owner of requirements ‘a’ through ‘c’ below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue’s Oﬃce receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Oﬃce and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (ﬁres on the beach), 12-43.2 (ﬁreworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identiﬁes the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor ampliﬁed sound after 10:00 p.m. or before 10:00 a.m. Packet Pg. 339 6.L.a 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one ﬁre extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in eﬀect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every ﬂoor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certiﬁed by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certiﬁed Short Term Rental Management Companies or Certiﬁed Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualiﬁed to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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 Packet Pg. 340 of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. Packet Pg. 341 6.L.a Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental 6.L.a From: Ron Anglin To: Alexis Bailey Attachment: 10_ARF Package for JD Enterprises VA, LLC DBA Atlantic Rental Homes (4375 : JD Enterprises VA, LLC DBA Atlantic Rental Subject: SHORT TERM RENTALS Date: Monday, November 4, 2024 11:58:28 AM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Application by Lei Xu and Charles A Young for short term rentals at 933 Pacific Ave unit D and 903 Pacific Ave unit C should not be approved. I believe this would increase the traffic and parking problems in this area. Ron Anglin Packet Pg. 342 CHARLES YOUNG / CHARLES A YOUNG FOR A CONDITIONAL USE PERMIT RE SHORT TERM RENTAL AT 933 PACIFIC AVENUE, UNIT D DISTRICT 5 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 343 6.L.a Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHARLES YOUNG [Applicant] CHARLES A YOUNG [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 933 Pacific Avenue Unit D (GPIN 24272444111215). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: December 10, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom unit of the Pacific Place Condominiums located at 933 Pacific Avenue, Unit D. On August 5, 2024, the applicant applied for a Short Term Rental Permit and was made aware a Conditional Use Permit for a Short Term Rental was needed. When researching the property for the current request, staff discovered the site was currently being advertised and rented as a Short Term Rental. Staff communicated with the applicant that they could not advertise or rent the site as a Short Term Rental without an approved Conditional Use Permit. The rental listing was deactivated and there have been no documented stays since September 22, 2024.  Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Pacific Place Condominiums. Short Term Rentals are prevalent on this property with a total of 23 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in the condominium’s parking lot. Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. 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 for this request.  Recommendation: On November 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. Packet Pg. 344 6.L.a Charles Young Page 2 of 4 Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term 1. The following conditions shall only apply to the dwelling unit addressed as 933 Pacific Avenue Unit D, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller’s responsibility to notify the new property owner of requirements ‘a’ through ‘c’ below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Packet Pg. 345 6.L.a Charles Young Page 3 of 4 Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term b) Copies of the Commissioner of Revenue’s Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property Packet Pg. 346 6.L.a Charles Young Page 4 of 4 Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures.  Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 347 6.L.a Agenda Item 8 Applicant and Property Owner: Charles Young Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term Planning Commission Public Hearing: November 13, 2024 City Council District: District 5 (Wilson) Project Details Request Conditional Use Permit (Short Term Rental) Staﬀ Recommendation Approval Staﬀ Planner Alexis Bailey Location 933 Paciﬁc Avenue Unit D GPIN 24272444111215 Site Size 34,984 square feet AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Atlantic Ocean Existing Land Use and Zoning District Condominium Complex / OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Multi-family dwellings, commercial parking lot / OR Oceanfront Resort South 9th Street Municipal Parking Garage / OR Oceanfront Resort East Atlantic Avenue Retail Shops / OR Oceanfront Resort West Paciﬁc Avenue Commercial Parking Lot / OR Oceanfront Resort Charles Young Agenda Item 8 page 1 of 14 Packet Pg. 348 6.L.a Background & Summary of Proposal Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 933 Paciﬁc Avenue Unit D. The 34,984 square foot parcel contains the Paciﬁc Place Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 1969. • Staﬀ inspected the site on September 25, 2024 to observe site conditions. • On-street parking is not permitted on this portion of Paciﬁc Avenue. • On August 5, 2024, the applicant applied for a Short Term Rental Permit and was made aware a Conditional Use Permit for a Short Term Rental was needed. When researching the property for the current request, staﬀ discovered the site was currently being advertised and rented as a Short Term Rental. Staﬀ communicated with the applicant that they could not advertise or rent the site as a Short Term Rental without an approved Conditional Use Permit. The rental listing was deactivated and there have been no documented stays since September 22, 2024. • Since this property was not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of November 4, 2024, is shown in the chart below: REGISTERED WITH THE COMMISSIONER CURRENTLY ADVERTISED LAST KNOWN RENTAL OF THE REVENUE No September 2024 No Charles Young Agenda Item 8 page 2 of 14 Packet Pg. 349 Short Term Rentals in the Vicinity Charles Young Agenda Item 8 page 3 of 14 Packet Pg. 350 6.L.a Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term 6.L.a Summary of Proposal Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identiﬁed in Section 241.2 of the City Zoning Ordinance. Speciﬁc details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (historical exemption applies): 1 • Number of oﬀ-street parking spaces provided: 1 Charles Young Agenda Item 8 page 4 of 14 Packet Pg. 351 6.L.a Zoning History Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term # Request CUP (Short Term Rental) Approved 07/09/2024 CUP (Short Term Rental) Approved 06/04/2024 CUP (Short Term Rental) Approved 05/21/2024 CUP (Short Term Rental) Approved 05/21/2024 CUP (Short Term Rental) Approved 03/19/2024 CUP (Short Term Rental) Approved 11/14/2023 CUP (Short Term Rental) Approved 09/19/2023 CUP (Short Term Rental) Approved 09/19/2023 CUP (Short Term Rental) Approved 09/19/2023 CUP (Short Term Rental) Approved 07/11/2023 CUP (Short Term Rental) Approved 05/16/2023 1 CUP (Short Term Rental) Approved 05/16/2023 CUP (Short Term Rental) Approved 07/12/2022 CUP (Short Term Rental) Approved 04/05/2022 Application Types CUP (Short Term Rental) Approved 11/09/2021 CUP: MDC: Modiﬁcation of CUP (Short Term Rental) Approved 11/09/2021 Conditional Conditions CUP (Short Term Rental) Approved 04/06/2021 Use Permit MDP: Modiﬁcation of Proﬀers CUP (Short Term Rental) Approved 03/02/2021 REZ: NON: Nonconforming Use CUP (Short Term Rental) Approved 10/20/2020 Rezoning STC: Street Closure CUP (Short Term Rental) Approved 08/25/2020 CRZ: FVR: Floodplain Variance CUP (Short Term Rental) Approved 08/25/2020 Conditional ALT: Alternative Compliance CUP (Short Term Rental) Approved 06/11/2020 Rezoning SVR: Subdivision Variance CUP (Short Term Rental) Approved 02/04/2020 LUP: Land Use Plan CUP (Short Term Rental) Approved 12/13/2022 STR: Short Term Rental CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 2 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 3 STC Approved 12/07/2004 Evaluation & Recommendation The applicant is requesting to operate a two-bedroom Short Term Rental within the Paciﬁc Place Condominium building. Short Term Rentals are prevalent on this property with a total of 23 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space per unit in the condominium’s parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Charles Young Agenda Item 8 page 5 of 14 Packet Pg. 352 6.L.a The subject property lies in the Paciﬁc Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identiﬁed in the Resort Area Strategic Action Plan (RASAP) Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore, the use of these units as a Short Term Rental is consistent with this purpose. These units would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. The site is not currently listed there have been no documented stays since September 22, 2024. Based on the considerations above, Staﬀ recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 933 Paciﬁc Avenue Unit D, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Oﬀ-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire ﬁve (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, ﬁre or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller’s responsibility to notify the new property owner of requirements ‘a’ through ‘c’ below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. Charles Young Agenda Item 8 page 6 of 14 Packet Pg. 353 6.L.a a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term b) Copies of the Commissioner of Revenue’s Oﬃce receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Oﬃce and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (ﬁres on the beach), 12-43.2 (ﬁreworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identiﬁes the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor ampliﬁed sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one ﬁre extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in eﬀect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every ﬂoor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certiﬁed by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the Charles Young Agenda Item 8 page 7 of 14 Packet Pg. 354 6.L.a requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certiﬁed Short Term Rental Management Companies or Certiﬁed Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualiﬁed to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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. Public Outreach Information Planning Commission • One letter of opposition has been received by Staﬀ noting concerns about traﬃc and parking created by a Short Term Rental. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 2024. • This Staﬀ report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of virginiabeach.gov/pc on November 7, 2024. City Council Charles Young Agenda Item 8 page 8 of 14 Packet Pg. 355 6.L.a • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 2024. Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term • 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 November 25, 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 December 6, 2024. Charles Young Agenda Item 8 page 9 of 14 Packet Pg. 356 Site Layout & Parking Plan Charles Young Agenda Item 8 page 10 of 14 Packet Pg. 357 6.L.a Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term Site Photos Charles Young Agenda Item 8 page 11 of 14 Packet Pg. 358 6.L.a Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term Disclosure Statement Charles Young Agenda Item 8 page 12 of 14 Packet Pg. 359 6.L.a Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term Disclosure Statement Alexis Bailey 11/21/2024 11/21/2024 Charles Young Agenda Item 8 page 13 of 14 Packet Pg. 360 6.L.a Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term 6.L.a Next Steps Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term • 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. Charles Young Agenda Item 8 page 14 of 14 Packet Pg. 361 6.L.a OR OR R5S OR OR OR OR Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young R5S St reet 10Th e OR venu R5S OR enue tic A R5S ic Av Atlan R5S OR OR Pacif A18 A18 OR OR Norfolk Str eet OR enue Avenue 9th RT3 RT3 tic Av RT3 RT3 Atlan R5S OR OR R5S Site Property Polygons Zoning Charles Young 933 Pacific Avenue, Unit D μ Feet 0 25 50 100 150 200 250 Packet300 Pg. 362 Building Charles Young STR VICINITY MAP Packet Pg. 363 6.L.a Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A 6.L.a Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term Virginia Beach Planning Commission November 13, 2024 Public Meeting Item #8 Charles Young Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: Next item? Madam Clerk: Number 8, Charles Young. Mr. Alcaraz: Good afternoon. Just state your name. Mr. Young: I'm Charles Young. I'm applying for conditional use permit on 933D Pacific Avenue. Mr. Alcaraz: Any information that we need to know, so we can vote on you? Mr. Young: I am kind of new, and I don’t know much what else to say. Mr. Alcaraz: Okay. Is there any opposition here? None? So just stay right there. We're gonna have the commissioners ask you any questions if there are any. Any commissioners want to ask any questions? Mr. Plumlee: Mr. Young, there appears to have been an ongoing operation at the time the city conducted the inspection. There was an ongoing short-term rental was that, is that accurate? Mr. Young: Yes sir. Mr. Plumlee: What was your understanding at that point with regards to your ability to be operating short-term rental? Mr. Young: I thought I was grandfathered in from when I first purchased the place as far as our whole building. I was grandfathered in at Pacific Place, so I rented it out right away. A family member of ours, like a few months ago purchased rental as well because we were doing pretty good, and they notified and told us that you had to have a permit, so that's when we applied for one, and then we got the email, actually we had to couple applications because we put it in the wrong way. We got an email stating that we had to take it down, and we got that email that we ended up taking the listing down. We got the email stating that, so that's kind of where we're at right now trying to make everything right. Packet Pg. 364 6.L.a Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term Mr. Plumlee: So you had owned it for how long before this? Mr. Young: I'm in the property since 2020 I believe. Mr. Plumlee: So you had operated short-term rentals throughout that entire period, is that? Mr. Young: Yes sir. Mr. Plumlee: Let me ask you this. Do you have any other short-term rental properties that you manage other than this location? Mr. Young: I don't manage them. I do have some, but they're in the outer banks. Mr. Plumlee: Have you ever been cited for a violation for noise, or parties, or you know neighbors upset with activities anything like that. Mr. Young: No sir, not to this point. Mr. Plumlee: Thank you. Mr. Alcaraz: Any other questions? So you manage this property, one in the outer banks. Do you live here locally? Mr. Young: I live in Chesapeake Virginia. Mr. Alcaraz: So, if there's any problem you can be there as it's stated. Mr. Young: If there's a problem with the property, yes. I live 30 minutes from the property. I work 10 minutes from the property minutes Monday through Friday, and I do the same thing in the outer banks. If there's an issue, I actually drive an hour down there, and take care of things right away. Mr. Alcaraz: Did you go apply for the application before you got the violation? Mr. Young: Before I got a violation? Mr. Alcaraz: You said you asked your friend or family? Packet Pg. 365 6.L.a Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term Mr. Young: No, the family member bought one and said, and they applied and said that we weren't grandfathered, and that we had to get one. I tried to argue with them about it, but they said we had to get one, so we says agreed and applied. Mr. Alcaraz: So you applied, and then you got a violation after you applied? Mr. Young: We got an email saying, I haven't gotten a violation. Mr. Alcaraz: I don’t have any other questions. Anybody else? Alright. You can be seated. Open for discussion. Mr. Plumlee: I didn't vote to approve the last one in this location because I wasn't sure what we're gonna hear on the second one, and I didn't want to rush in to a recommendation on the first not getting a sense of both of them because they're in the same building. I mean this is the same place, and so it's kind of an unusual situation like that, but this sort of, I guess narrative about how things begin, there does appear to be confusion in it. This is not the nature of a violation of throwing parties with 200 people, and somebody injured or anything like that. This is getting permitted and coming in. I think hearing this, I would go back and reverse my vote and support that one because I want people coming in and getting their approval, and getting into the system. This has been an area designated for this use. We put them through all the strictures of what they can do and can't do, and how many parking spaces and all that, so for that reason. I wanted to explain the difference. I would move to prove it. Mr. Parks: Bryan couldn't have said it any better for me too. I was the same way when I voted on the previous, and hearing both, I would also probably change my vote knowing now, the same circumstances, and that it seems to be pretty commonplace that folks seem to think this is grandfathered in, when it's really not. Mr. Alcaraz: Okay. So I have a motion by Mr. Plumlee. Second by Mr. Parks. Any other additional comments or discussion? None. We will open the vote. Madam Clerk: We'll just do a verbal vote for Mr. Alcaraz. Mr. Alcaraz: Yes. Madam Clerk: By recorded vote of 10:0, item #8 Charles Young has been recommended for approval. Packet Pg. 366 6.L.a Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 933 Paciﬁc Avenue Unit D, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Oﬀ-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire ﬁve (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, ﬁre or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental Packet Pg. 367 6.L.a Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller’s responsibility to notify the new property owner of requirements ‘a’ through ‘c’ below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue’s Oﬃce receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Oﬃce and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (ﬁres on the beach), 12-43.2 (ﬁreworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identiﬁes the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor ampliﬁed sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not Packet Pg. 368 6.L.a Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one ﬁre extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in eﬀect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every ﬂoor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certiﬁed by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certiﬁed Short Term Rental Management Companies or Certiﬁed Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualiﬁed to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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 Packet Pg. 369 of a Certiﬁcate of Occupancy, are required before any approvals allowed by this application are valid. Packet Pg. 370 6.L.a Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term 6.L.a From: Ron Anglin Attachment: 11_ARF Package for Charles Young (4378 : Charles Young Property Owner: Charles A Young Conditional Use Permit (Short Term To: Alexis Bailey Subject: SHORT TERM RENTALS Date: Monday, November 4, 2024 11:58:28 AM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Application by Lei Xu and Charles A Young for short term rentals at 933 Pacific Ave unit D and 903 Pacific Ave unit C should not be approved. I believe this would increase the traffic and parking problems in this area. Ron Anglin Packet Pg. 371 LAKEWOOD HOME BUILDERS / MAH INVESTMENTS, LLC FOR A CONDITIONAL USE PERMIT RE INDOOR RECREATION FACILITY AT 2000 VIRGINIA BEACH BOULEVARD DISTRICT 6 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. 372 6.L.a Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LAKEWOOD HOME BUILDERS [Applicant] MAH INVESTMENTS, LLC [Property Owner] Conditional Use Permit (Indoor Recreational Facility) for the property located at 2000 Virginia Beach Boulevard (GPIN 2407369317). COUNCIL DISTRICT 6 (Remick) MEETING DATE: December 10, 2024  Background: The applicant is requesting a Conditional Use Permit for an Indoor Recreational Facility to operate a wrestling club within an existing 9,914 square foot retail building. The property is zoned B-2 Community Business and is located within the Hilltop Strategic Growth Area (SGA). The Zoning Ordinance requires a Conditional Use Permit for Indoor Recreational Facilities greater than 7,500 square feet. There are no proposed changes to the existing building, except for signage. Typical hours of operation will be Monday through Thursday, 6:00 p.m. to 8:00 p.m., Saturday from 9:00 a.m. to 11:00 a.m., and Sunday from 9:00 a.m. to 1:00 p.m.  Considerations: The proposed use is compatible with the other commercial uses located in the in the vicinity and is an excellent reuse of the vacant retail space. The use is consistent with the Comprehensive Plan’s land use policies for this area, as this type of use contributes to the day-to-day life of residents and supports their recreational needs. A minimum of 50 parking spaces are required for the proposed use while only 31 are provided on site. Due to the parking deficiency of 19 spaces, a parking study was submitted to and approved by the Zoning Administrator to permit shared parking with the adjacent parcel located at 2053 Laskin Road (East Coast Appliance). Based on the analysis provided, the sharing of spaces will not conflict with the peak operating hours of East Coast Appliance. Per the applicant, no more than 20 parking spaces are anticipated to be used on site at any given time, therefore, the on-site parking spaces should be able to accommodate the applicants anticipated demand. 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 November 13, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Packet Pg. 373 6.L.a Lakewood Home Builders Page 2 of 2 1. Operation of the Indoor Recreational Facility shall be in substantial Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC conformance with the site layout plan entitled “BUILDING ADDITION SITE PLAN OF EAST COAST APPLICANCE – 2000 VIRGINIA BEACH BOULEVARD – PARCEL C-3AA – LAYOUT & PLANTING PLAN, DRAWING NO. C-3.1”, dated April 15, 2013, Plot Date: October 12, 2015, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance unless authorized by the Board of Zoning Appeals.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 374 6.L.a Agenda Item 4 Applicant: Lakewood Home Builders Property Owner: MAH Investments, LLC Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC Planning Commission Public Hearing: November 13, 2024 City Council District: District 6 (Remick) Project Details Request Conditional Use Permit (Indoor Recreational Facility) Staﬀ Recommendation Approval Staﬀ Planner Marchelle Coleman Location 2000 Virginia Beach Boulevard GPIN 2407369317 Site Size 32,680 square feet AICUZ Greater than 75 dB DNL; APZ-2 Watershed Chesapeake Bay Existing Land Use and Zoning District Retail / B-2 Community Business Surrounding Land Uses and Zoning Districts North Oﬃce / B-2 Community Business South Virginia Beach Boulevard Transfer Station/ B-2 Community Business East Phillip Avenue Undeveloped parcel, automotive dealership/ B-2 Community Business West Retail / B-2 Community Business Lakewood Home Builders Agenda Item 4 page 1 of 13 Packet Pg. 375 6.L.a Background & Summary of Proposal • The applicant seeks to convert the former 9,914 square foot East Coast Appliance retail building into an Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC Indoor Recreation Facility for a wrestling club. The property is zoned B-2 Community Business District and is located within the Hilltop Strategic Growth Area (SGA). • The site plan for this property was approved in 2015 and the existing landscaping on site satisﬁes the requirements for streetscape, foundation, and parking lot landscaping. • There are no proposed changes to the existing access points from either Phillip Avenue or Virginia Beach Boulevard with this application. • The proposed hours of operation are Monday through Thursday, 6:00 p.m. to 8:00 p.m., Saturday from 9:00 a.m. to 11:00 a.m., and Sunday from 9:00 a.m. to 1:00 p.m. • Per Section 203 of the Zoning Ordinance, an indoor recreational facility requires one parking space per 200 square feet of ﬂoor area. The proposed use requires a minimum of 50 parking spaces. 31 of the required parking spaces are provided on-site, and the remaining 19 parking spaces are proposed to be shared with the East Coast Appliance Super Store located at 2053 Laskin Road. A Parking Study was submitted and approved by the Zoning Administrator in accordance with Section 203(b)(10) of the Zoning Ordinance. Zoning History Map Key No. Request REZ (A-1 to B-2) Approved 1 08/13/1984 Application Types CUP: Conditional Use Permit MDP: Modiﬁcation of Proﬀers SVR: Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC: Street Closure STR: Short Term Rental MDC: Modiﬁcation of FVR: Floodplain Variance Conditions ALT: Alternative Compliance Lakewood Home Builders Agenda Item 4 page 2 of 13 Packet Pg. 376 6.L.a Evaluation & Recommendation This proposal to reuse a vacant commercial space for an Indoor Recreational Facility is, in Staﬀ’s opinion, Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC acceptable. The use is consistent with the Comprehensive Plan’s Land Use Policies for this area, as the use contributes to the recreational needs of nearby residents. As mentioned previously, the site is currently deﬁcient in parking by 19 spaces. A parking study was submitted to and approved by the Zoning Administrator, to permit the sharing of parking spaces with the adjacent parcel located at 2053 Laskin Road (East Coast Appliance). Based on the analysis provided, the sharing of spaces will not conﬂict with the peak operations hours of East Coast Appliance. According to the applicant, no more than 20 parking spaces are anticipated to be used at any given time; therefore, the on-site parking spaces should be able to accommodate the applicant’s anticipated demand. The applicant intends to install new signage for the proposed use. Three building-mounted signs will be installed totaling 219 square feet, where 236 square feet is allowed, as such the proposed signage meets current zoning requirements. If the signs change in size, above which is allowed per the Zoning Ordinance, the applicant shall apply for a BZA variance. Condition 4 has been added indicating that all proposed signage must meet the requirements of the Zoning Ordinance, unless authorized by the Board of Zoning Appeals. In sum, the proposed use is compatible with the other commercial uses in the area and is an excellent reuse of the vacant retail space. Based on these considerations, Staﬀ recommends approval of this request, subject to the conditions listed below. Recommended Conditions 1. Operation of the Indoor Recreational Facility shall be in substantial conformance with the site layout plan entitled “BUILDING ADDITION SITE PLAN OF EAST COAST APPLICANCE – 2000 VIRGINIA BEACH BOULEVARD – PARCEL C-3AA – LAYOUT & PLANTING PLAN, DRAWING NO. C-3.1”, dated April 15, 2013, Plot Date: October 12, 2015, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on ﬁle in the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certiﬁcate of Occupancy prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certiﬁcate of Occupancy, and posted by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance unless authorized by the Board of Zoning Appeals. 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 Lakewood Home Builders Agenda Item 4 page 3 of 13 Packet Pg. 377 6.L.a 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. Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC The applicant is encouraged to contact and work with the Crime Prevention Oﬃce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being located within the Hilltop Strategic Growth Area in an area that is recommended for non-residential mixed-use. New and redevelopment of parcels within the SGAs are recommended to have reduced setbacks along the street with parking located in the rear or side of the building and installation of pedestrian pathways to promote foot traﬃc. While the existing site layout does not align with the recommendation of the Comprehensive Plan for development within the SGAs, this proposal would reactivate a vacant commercial space and provide a recreational amenity for the community. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are known historic or cultural resources that will be aﬀected by this project. Traﬃc Impacts/Transportation Traﬃc Counts Street Name Present Volume Present Capacity Generated Traﬃc 25,100 ADT 1 (LOS 4 Existing Land Use 2 – 410 ADT Virginia Beach Boulevard 28,700 ADT1 “D”) Proposed Land Use 3 – No Data Phillip Avenue No Data Available 9,900 ADT 1 (LOS 4 “D”) Available 1 Average Daily Trips 2As deﬁned by an 3As deﬁned by a 4LOS = Level of 0.75-acre B-2 zoned 10,000 SF Wrestling Service parcel Club Facility Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard, in the vicinity of this application, is considered a four-lane divided minor urban arterial. The existing infrastructure currently resides in a 100-foot right-of-way. The MTP proposes a four-lane Lakewood Home Builders Agenda Item 4 page 4 of 13 Packet Pg. 378 6.L.a facility within a 145-foot right-of-way. There are currently no CIP Projects programmed for this segment of roadway. Phillip Avenue, in the vicinity of this application, is considered a two-lane undivided local street. It is not Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC designated on the MTP. There are currently no CIP projects to upgrade this roadway at this time. Active Transportation Plan The Active Transportation Plan calls for side paths along Virginia Beach Boulevard. However, due to the scope of this project, namely that the applicant is occupying an existing building, and no exterior site improvements are proposed, with the exception of signage, staﬀ is not requiring the applicant to complete the recommended improvements. Public Utility Impacts Water & Sewer The property is connected by City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 30, 2024 and November 6, 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 October 28, 2024. • This Staﬀ report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of virginiabeach.gov/pc on November 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, November 26, 2024 and December 3, 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 November 25, 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 December 6, 2024. Lakewood Home Builders Agenda Item 4 page 5 of 13 Packet Pg. 379 Proposed Site Layout Lakewood Home Builders Agenda Item 4 page 6 of 13 Packet Pg. 380 6.L.a Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC Proposed Signage Lakewood Home Builders Agenda Item 4 page 7 of 13 Packet Pg. 381 6.L.a Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC Site Photos Lakewood Home Builders Agenda Item 4 page 8 of 13 Packet Pg. 382 6.L.a Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC Site Photos Lakewood Home Builders Agenda Item 4 page 9 of 13 Packet Pg. 383 6.L.a Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC Disclosure Statement Lakewood Home Builders Agenda Item 4 page 10 of 13 Packet Pg. 384 6.L.a Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC 6.L.a Disclosure Statement Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC 11/19/2024 Marchelle L. Coleman 11/19/2024 Lakewood Home Builders Agenda Item 4 page 11 of 13 Packet Pg. 385 Disclosure Statement Lakewood Home Builders Agenda Item 4 page 12 of 13 Packet Pg. 386 6.L.a Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC 6.L.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC 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. Lakewood Home Builders Agenda Item 4 page 13 of 13 Packet Pg. 387 6.L.a A12 64 A12 2 Ro ad A12 Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property A12 26 A12 A12 La 4 sk in Phillip Avenue B2 B2 Fountain Driv e B2 B2 B2 B2 B2 264 264 Virginia Beac h Boulevard B2 B2 Site Property Polygons Zoning Lakewood Home Builders 2000 Virginia Beach Boulevard μ Feet 0 25 50 100 150 200 250 Packet300 Pg. 388 Building 6.L.a Virginia Beach Planning Commission November 13, 2024 Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC Public Meeting Item # 4 Lakewood Home Builders Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: All right. Thank you, Madam Clerk. Our next order of business is for consideration requests for withdrawal or deferrals. Are there any applicants here that would like to withdraw their application? The record states there are none. Are there any applicants that would like to defer their application? The record shows that there are none. Alright, at this point I'd like to hand it over to our vice-chair so she can go over the consent agenda. Ms. Cuellar: Thank you, Mr. Chairman. Today, we have five items on the Consent Agenda. These are applications that are recommended for approval by staff and the Planning Commission has concurred. There are no speakers signed up in opposition. Our first agenda item is, item #4 Lakewood Home Builders. Is there a representative here today to speak on this? Mr. Garrington: Good afternoon, Mr. Chairman, ladies and gentlemen of the Planning Commission for the record Billy Garrington. On behalf of the applicant Lakewood Home Builders, 2000 Virginia Beach Boulevard. Our disclosure statement is current. All of our fees have been paid. Four conditions attached with us with the staff write-up, and we are in total agreement with those four conditions. Thank you for considering this on consent agenda, and again I would like to thank Marchelle Coleman for all her fine work that she always does, and wish everybody a Happy Thanksgiving. We all got a lot to be thankful for. Ms. Cuellar: Thank you so much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Plumlee to read this into the record. Mr. Plumlee: The applicant Lakewood Home Builders has requested a conditional use permit for an indoor recreational facility. This is at 2000 Virginia Beach Boulevard. It's an application to convert 9900 square feet of East Coast Appliance retail building into an indoor rec. It was determined by the planning staff that it was not in compliance with the comprehensive plan, however, our staff is recommending approval based on this being a vacant commercial space that will provide a needed opportunity for the community, and therefore with the recommendation of our wonderful staff, there being no objection from the community. The Planning Commission has placed us on the consent agenda. Ms. Cuellar: Thank you very much. We will now place on the consent agenda applications # 4, 6, 9, 10 and 11. Mr. Alcaraz: Alright. Thank you. Do I hear a motion for consent as read by vice-chair? Packet Pg. 389 6.L.a Ms. Cuellar: Yes, I move that these items be approved by consent with the amended condition Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC for the vinyl fence to be included in agenda #9. Mr. Alcaraz: Second by Ms. Hippin. Is there anyone abstaining? Mr. Plumlee: Yes. I'm abstaining from items 10 and 11 for the reasons set forth in a letter with the City Attorney's Office. Mr. Alcaraz: Alright, thank you. Mr. Parks: I just realized, I'd like to disclose that RMM does do business with Sentara, but I do not personally. So, there should not be any conflict of interest. Mr. Alcaraz: Thank you for letting us know. Vote is open. Madam Clerk: Vote is now open. By a vote of 9:0, with one abstention on items 10 and 11 items 4, 6, 9, 10, and 11 have been recommended for approval by consent. Mr. Alcaraz: Okay, thank you. Alright, so your application was approved. If you could see your representative at the planning department, they'll let you know when you'll be in front of City Council. Congratulations. Packet Pg. 390 6.L.a Vote Tally Attachment: 12_ARF Package for Lakewood Home Builders (4374 : Lakewood Home Builders Property Owner: MAH Investments LLC AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X Byler X Cromwell X Coston X Cuellar X Estaris X Hippen X Mauch X Parks X Plumlee X Conditions 1. Operation of the Indoor Recreational Facility shall be in substantial conformance with the site layout plan entitled “BUILDING ADDITION SITE PLAN OF EAST COAST APPLICANCE – 2000 VIRGINIA BEACH BOULEVARD – PARCEL C-3AA – LAYOUT & PLANTING PLAN, DRAWING NO. C-3.1”, dated April 15, 2013, Plot Date: October 12, 2015, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance unless authorized by the Board of Zoning Appeals. Packet Pg. 391