City Council - Formal Session

CITY OF VIRGINIA BEACH “COMMUNITY FOR A LIFETIME” CITY COUNCIL MAYOR ROBERT M. "BOBBY" DYER - Mayor ROSEMARY C. WILSON - Vice Mayor District 5 MICHAEL F. BERLUCCHI - District 3 BARBARA M. HENLEY - District 2 DAVID HUTCHESON - District 1 ROBERT W. "WORTH" REMICK - District 6 DR. AMELIA N. ROSS-HAMMOND - District 4 JENNIFER ROUSE - District 10 JOASHUA F. "JOASH" SCHULMAN - District 9 CHRIS TAYLOR - District 8 SABRINA D. WOOTEN - District 7 CITY HALL BUILDING CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER – PATRICK A. DUHANEY PHONE: (757)-385-4303 CITY ATTORNEY – MARK D. STILES February 6, 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 BRIEFING -CONFERENCE- 2:00 PM A. 2024 GENERAL ASSEMBLY UPDATE Brent McKenzie, Legislative Affairs Liaison II. CITY MANAGER'S BRIEFINGS A. 2023 CRIME STATISTICS UPDATE 2:30 PM Paul Neudigate, Police Chief B. VOTER REGISTRATION AND ELECTIONS SPACE UPDATE 3:15 PM Monica Croskey, Assistant City Manager Tim Copeland, Real Estate Agent, Public Works C. PENDING PLANNING ITEMS 3:45 PM Kaitlen Alcock, Planning Administrator III. COUNCIL LIAISON REPORTS 4:00 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:15 PM V. CITY COUNCIL AGENDA REVIEW 4:30 PM VI. INFORMAL SESSION 4:45 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 1. Motion to Recess to Closed Session VII. FORMAL SESSION A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer B. INVOCATION Reverend Clark Cundiff - Senior Pastor Baylake 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. INFORMAL AND FORMAL SESSIONS January 2, 204 2. FORMAL SESSION January 9, 2024 3. INFORMAL AND FORMAL SESSIONS January 16, 2024 4. SPECIAL FORMAL SESSION January 23, 2024 5. SPECIAL FORMAL SESSION January 30, 2024 H. MAYOR'S PRESENTATION AFRICAN AMERICAB HERITAGE MONTH PROCLAMATION I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION Ordinance to AUTHORIZE acquisition of property in fee simple for the Centerville Turnpike Phase II Project, CIP 100057 (formerly CIP 2-409), 100451 (formerly CIP 5-251), 100452 (formerly CIP 6-556), and the acquisition of temporary and permanent easements, either by agreement or condemnation re enhanced safety and increase capacity Resolution to AUTHORIZE and DIRECT the City Manager to Execute a Memorandum of Understanding (MOA) between the City and the cities of Norfolk, Chesapeake, Portsmouth, and Suffolk, re establish the Hampton Roads Computer Aided Dispatch Interoperability Project Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the Virginia Beach School Board and APPROPRIATE miscellaneous revenue re use of the school buses during the National High School Coaches Association Senior Nationals Ordinance to APPROPRIATE $1.2-Million from the Parking Enterprise Fund Balance to the FY 2023-24 Economic Development Operating Budget re continuation of authorized Freebee services to complete FY 2023-24 previously approved scope  Ordinance to ACCEPT and APPROPRIATE $10,261,435 from the Virginia Department of Transportation (VDOT) to the FY 2023-24 Department of Public Works Operating Budget, and TRANSFER $9,861,435 as Pay-Go Funding to the FY 2023-24 Capital Improvement Program re (a) PG100040, “Bikeway/Trails and Renovation I” - $1,124,279; (b) PG100268, “Major Bridge Rehabilitation II” - $5.3-Million; and (c) PG100401, “Street Reconstruction II” - $3,437,158 and AUTHORIZE $400,000 re purchase two (2) crash trucks with arrow boards and related equipment Ordinance to TRANSFER $305,294 from the General Funds Reserve for Contingencies and ACCEPT and APPROPRIATE $457,941 from the Commonwealth of Virginia to the FY 2023-24 Voter Registrar and Elections Operating Budget re Presidential Primary Election on March 5, 2024 Ordinance to ACCEPT and APPROPRIATE $30,925 from the Virginia Marine Resources Commission to the FY 2023-24 Public Work Operating Budget and AUTHORIZE $30,925 subrecipient grant to the Vessel Disposal & Reuse Foundation re the administration, removal, and disposal of three (3) of abandon and derelict vessels (ADVs) K. PLANNING RUFFIN 86, LLC for a Variance to Section 4.4(c) of the Subdivision Regulations re demolish three (3) dwelling units to construct one-single family dwelling at 109 A & B 86th Street & 8600 Ocean Front Avenue DISTRICT 6 (Deferred from January 2, 2023) RECOMMENTATION: APPROVAL APPLICANT REQUEST DEFERRAL TO MARCH 5, 2024 L. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD PERSONNEL BOARD RESORT ADVISORY COMMISSION  SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE STORMWATER APPEALS BOARD TRANSITION AREA/ INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT VIII. PUBLIC COMMENT/OPEN DIALOGUE ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************  7.J.a Packet Pg. 5 Attachment: Ordinance To Authorize Acquisition Of Property In Fee, Simple For The Centerville Turnpike, Phase 2 Project, CIP 100057 (Formerly  7.J.a Packet Pg. 6 Attachment: Ordinance To Authorize Acquisition Of Property In Fee, Simple For The Centerville Turnpike, Phase 2 Project, CIP 100057 (Formerly  7.J.a Packet Pg. 7 Attachment: Ordinance To Authorize Acquisition Of Property In Fee, Simple For The Centerville Turnpike, Phase 2 Project, CIP 100057 (Formerly  7.J.a Packet Pg. 8 Attachment: Ordinance To Authorize Acquisition Of Property In Fee, Simple For The Centerville Turnpike, Phase 2 Project, CIP 100057 (Formerly  7.J.a Packet Pg. 9 Attachment: Ordinance To Authorize Acquisition Of Property In Fee, Simple For The Centerville Turnpike, Phase 2 Project, CIP 100057 (Formerly  7.J.a Packet Pg. 10 Attachment: Ordinance To Authorize Acquisition Of Property In Fee, Simple For The Centerville Turnpike, Phase 2 Project, CIP 100057 (Formerly  7.J.a Packet Pg. 11 Attachment: Resolution Authorizing and Directing the City Manager to Execute a Memorandum of Understanding Among the Cities of Norfolk,  7.J.a Packet Pg. 12 Attachment: Resolution Authorizing and Directing the City Manager to Execute a Memorandum of Understanding Among the Cities of Norfolk,  7.J.a Packet Pg. 13 Attachment: Resolution Authorizing and Directing the City Manager to Execute a Memorandum of Understanding Among the Cities of Norfolk,  7.J.a Packet Pg. 14 Attachment: Resolution Authorizing and Directing the City Manager to Execute a Memorandum of Understanding Among the Cities of Norfolk,  7.J.a Packet Pg. 15 Attachment: Resolution Authorizing and Directing the City Manager to Execute a Memorandum of Understanding Among the Cities of Norfolk,  7.J.a Packet Pg. 16 Attachment: Resolution Authorizing and Directing the City Manager to Execute a Memorandum of Understanding Among the Cities of Norfolk,  7.J.a Packet Pg. 17 Attachment: Resolution Authorizing and Directing the City Manager to Execute a Memorandum of Understanding Among the Cities of Norfolk,  7.J.a Packet Pg. 18 Attachment: Ordinance To Authorize the City Manager to Execute an Agreement with the Virginia Beach School Board and to Appropriate  7.J.a Packet Pg. 19 Attachment: Ordinance To Authorize the City Manager to Execute an Agreement with the Virginia Beach School Board and to Appropriate  7.J.a Packet Pg. 20 Attachment: Ordinance To Authorize the City Manager to Execute an Agreement with the Virginia Beach School Board and to Appropriate  7.J.a Packet Pg. 21 Attachment: Ordinance To Authorize the City Manager to Execute an Agreement with the Virginia Beach School Board and to Appropriate  7.J.a Packet Pg. 22 Attachment: Ordinance to Transfer $1,200,000 from the Fund Balance of the Parking Enterprise Fund for Continuation of Freebee Services  7.J.a Packet Pg. 23 Attachment: Ordinance to Transfer $1,200,000 from the Fund Balance of the Parking Enterprise Fund for Continuation of Freebee Services  7.J.a Packet Pg. 24 Attachment: Ordinance to Accept and Appropriate Virginia Department of Transportation Funding and to Transfer a Portion of Such Funds to  7.J.a Packet Pg. 25 Attachment: Ordinance to Accept and Appropriate Virginia Department of Transportation Funding and to Transfer a Portion of Such Funds to  7.J.a Packet Pg. 26 Attachment: Ordinance to Accept and Appropriate Virginia Department of Transportation Funding and to Transfer a Portion of Such Funds to  7.J.a Packet Pg. 27 Attachment: Ordinance to Accept and Appropriate Virginia Department of Transportation Funding and to Transfer a Portion of Such Funds to  7.J.a Packet Pg. 28 Attachment: Ordinance to Accept and Appropriate Virginia Department of Transportation Funding and to Transfer a Portion of Such Funds to  7.J.a Packet Pg. 29 Attachment: Ordinance to Accept and Appropriate Funds and to Transfer Funds for the March 5, 2024, Presidential Primary Election (3668 :  7.J.a Packet Pg. 30 Attachment: Ordinance to Accept and Appropriate Funds and to Transfer Funds for the March 5, 2024, Presidential Primary Election (3668 :  7.J.a Packet Pg. 31 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 32 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 33 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 34 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 35 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 36 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 37 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 38 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 39 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 40 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 41 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 42 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 43 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 44 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 45 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 46 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  7.J.a Packet Pg. 47 Attachment: Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel  RUFFIN 86, LLC FOR A VARIANCE TO SECTION 4.4(C) OF THE SUBDIVISION REGULATIONS RE DEMOLISH THREE (3) DWELLING UNITS TO CONSTRUCT ONE-SINGLE FAMILY DWELLING AT 109 A & B 86TH STREET & 8600 OCEAN FRONT AVENUE DISTRICT 6 (DEFERRED FROM JANUARY 2, 2023) 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. 48  7.K.a Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RUFFIN 86, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4(c) of the Subdivision Regulations) for the property located at 109 A & B 86th Street & 8600 Ocean Front Avenue (GPINs 2510517095, 2510518047). COUNCIL DISTRICT 6 MEETING DATE: February 6, 2024 (Deferred on December 12, 2023, January 2, 2024)  Background: On May 25, 1925, Lot 6 was recorded as a 50-foot by 150-foot parcel. The parcel was subdivided into two lots by deed in 1944 and again in 1960. The property is currently developed with three dwelling units, one duplex (109 A & B 86 th Street) and one single-family dwelling (8600 Ocean Front Avenue). The applicant is requesting to vacate the interior property lines, demolish the three dwelling units, and construct one single-family dwelling. The lot will be restored to the original 50- foot by 150-foot lot, as recorded in 1925. As the current Ordinance would require a minimum lot width of 60 feet for the corner parcel, a Subdivision Variance is required. A Board of Zoning Appeals (BZA) variance will be required for the single- family dwelling as proposed since it does not meet the building setbacks and height requirements established in the Zoning Ordinance. Condition 3 has been recommended to address this requirement.  Considerations: The Planning Commission agreed with Staff that granting the requested variance will not adversely affect the character of the neighborhood and is consistent with the principles of the Comprehensive Plan for the North End of the City. As proposed, the development will decrease the number of lots from two to one, reducing the existing nonconformities. Except for lot width, the proposed parcel meets all other dimensional requirements. To adhere to the requirements for the North End established in the Public Works Design Standards Manual, Condition 2 has been recommended, requiring the access on 86th Street to be designed in a manner acceptable to Public Works. This will be reviewed in greater technical detail during site plan review. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. While staff has not received any opposition to the request, a letter was sent to Councilmembers from the North Virginia Beach Civic League Zoning Review Committee (NVBCL ZRC). While supportive of the subdivision variance request, the NVBCL ZRC did express opposition to allowing the private parking to remain within the public right-of-way. Packet Pg. 49  7.K.a Ruffin 86, LLC Page 2 of 2 Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance  Recommendation: On November 8, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled “SUBDIVISION VARIANCE EXHIBIT – LOT 6, BLOCK 3, CAPE HENRY SYNDICATE, SECTION “D” (M.B. 1, PG. 8b), VIRGINIA BEACH, VIRGINIA FOR RUFFIN 86, LLC”, prepared by WPL, dated April 19, 2021, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The existing driveways on 86th Street shall be redesigned in a manner deemed acceptable to the Department of Public Works. 3. The proposed single-family dwelling 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. 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.  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. 50  7.K.a Applicant & Property Owner Ruffin 86, LLC Agenda Item 5 Planning Commission Public Hearing November 8, 2023 Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance City Council District 6 Request Subdivision Variance (Section 4.4 (c) of the Subdivision Regulations) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 109 A & B 86th Street & 8600 Ocean Front Avenue GPINs 2510517095, 2510518047 Site Size 7,500 square feet AICUZ Less than 65 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District Duplex, Single-family Dwelling / R-5R Residential (NE) North End Overlay Surrounding Land Uses and Zoning Districts North Single-family Dwelling / R-5R Residential (NE) North End Overlay South 86th Street Single-family Dwellings / R-5R Residential (NE) North End Overlay East 150-foot unimproved right-of-way West Ocean Front Avenue Single-family Dwelling / R-5R Residential (NE) North End Overlay Ruffin 86, LLC Agenda Item 5 PacketPage Pg.151  7.K.a Background & Summary of Proposal Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance • Lot 6 was recorded on May 25, 1925 in M.B. 1, PG. 8b as a 50-foot by 150-foot parcel. In 1944, Lot 6 was subdivided by deed into two lots, consisting of a 50-foot by 54-foot lot and a 50-foot by 96-foot lot. In 1960, the lots were subdivided again into the current configuration, including a 50-foot by 50-foot lot (duplex lot) and a 50-foot by 100- foot lot (single-family lot). In 2021, the Zoning Administrator determined the lot was improperly subdivided by deed in 1960, as the parcels were not created by a plat as required by the Princess Anne County subdivision ordinance in place at that time, thus resulting in loss of the nonconforming development rights. • The applicant now seeks to vacate the interior property lines to restore the R-5R (NE) Residential (North End Overlay) parcels to the original 50-foot by 150-foot lot, as was recorded prior to 1944. By doing so, the proposed Lot 6A will not meet the current regulations for lot width for corner lots. • Per Section 4.4(c) of the Subdivision Regulations, corner lots shall be platted not less than ten feet wider than the minimum required by the Zoning Ordinance for interior lots in the district. A Subdivision Variance is required as proposed Lot 6A will have a width of 50 feet, rather than the required 60 feet. • Three dwelling units exist on these two lots: a duplex, constructed in 1935, located at 109 86th Street, and a single- family dwelling, constructed in 1934, located at 8600 Ocean Front Avenue. The applicant intends to remove the three units, vacate the interior property lines, and develop the lot with one single-family dwelling. • The applicant will be attending the Board of Zoning Appeals (BZA) to request variances to the building setback and building height for the proposed single-family dwelling. Condition 3 has been added to address this requirement. Required Proposed Required Proposed Proposed Required Lot Lot Width for Lot Width for Street Line Street Line Area in Lot Corner Lots in Corner Lots in Frontage in Frontage in R5R(NE) Area in R5R(NE) R5R(NE) R5R(NE) R5R(NE) R5R(NE) (feet) (feet) (feet) (feet) (feet) (acre) Parcel Lot 6A 60 feet 50 feet* 40 feet 50 feet 5,000 feet 7,500 feet *Variance required Ruffin 86, LLC Agenda Item 5 PacketPage Pg.252  7.K.a Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance No Zoning History to Report Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation 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. This request for a Subdivision Variance to Section 4.4 (c) of the Subdivision Regulations for a reduction in lot width for this corner lot is acceptable, as Staff finds the proposal to be consistent with the principles of the Comprehensive Plan for the North End of the City. The current Zoning Ordinance requires that corner lots be platted not less than ten feet wider than the minimum required by the Zoning Ordinance for interior lots in the district; however, this was not required when this lot was originally created, and the applicant is seeking to restore the dimensions as platted prior to 1944. As mentioned previously, lot width is the only deficiency; all other dimensional standards will be met. Since this request will decrease the number of lots from two to one, reduce the existing nonconformities, will not create any new nonconformities, and will restore the property back to its originally recorded parcel size (M.B.1, PG 8b) of 50-foot by 150-foot, Staff is amenable to this request as it will not change the character of the neighborhood, nor will it have any adverse impacts to the surrounding area. Ruffin 86, LLC Agenda Item 5 PacketPage Pg.353  7.K.a Currently, there are two units on one of the existing lots and one single-family dwelling on the other. All units will be demolished, and a new home will be constructed that will be compatible with the surrounding area. The exterior design of the proposed home reflects the character of the area and incorporates attractive, high-quality materials and a design Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance that is capable of withstanding severe weather events as is recommended by the Comprehensive Plan. Condition 2 has been recommended to ensure that the proposed single-family dwelling substantially adheres to the proposed elevations submitted with this application. In the early 2000s, the City Council directed the Department of Public Works to review parking within the North End of the City in an attempt to provide additional public parking within the public right-of-way. Driveways for new developments in the North End must meet the regulations identified in the Public Works Design Standards Manual, Section 3.9.E, Residential Entrances in the North Beach Area. As such, Staff is recommending Condition 2 to address this requirement which will be further reviewed during the site plan review process. Based on these considerations, Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled “SUBDIVISION VARIANCE EXHIBIT – LOT 6, BLOCK 3, CAPE HENRY SYNDICATE, SECTION “D” (M.B. 1, PG. 8b), VIRGINIA BEACH, VIRGINIA FOR RUFFIN 86, LLC”, prepared by WPL, dated April 19, 2021, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The existing driveways on 86th Street shall be redesigned in a manner deemed acceptable to the Department of Public Works. 3. The proposed single-family dwelling 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. 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being located in the North End Suburban Focus Area. The Comprehensive Plan recommends that parcels in the North End should be consolidated only when best management practices for stormwater control are included in the reconstruction. The inclusion of porous materials for driveways, walkways, and other similar surfaces should be used to reduce net impervious coverage wherever feasible. Materials for this proposed home shall be attractive, high quality, and capable of withstanding severe weather events. Staff recommends incorporation of standards and guidelines found in the recently adopted Flood Resiliency Toolkit to prepare and mitigate for flooding and storm surges. Existing natural features should be considered early in the Ruffin 86, LLC Agenda Item 5 PacketPage Pg.454  7.K.a development process, especially with such close proximity to the Atlantic shoreline and dunes. Natural drainage patterns and unusual topography that would support environmental and human health should be preserved to the highest degree possible. Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean Watershed. 8600 Ocean Front Avenue is known as the Faulkner House. It was listed in the Virginia Beach Historical Register in 2003. Demolition of the building will result in its delisting from the local register. The site was recommended not eligible for listing in the National Register in the 2018 survey update of the northern half of the City. The property was presented to the Historic Preservation Commission on September 6, 2023. When a building is listed in the Virginia Beach Historical Register, the committee prefers that if it is in good condition that it be preserved. After deliberation, it was determined that there were not sufficient preservation incentives to present to the property owner to retain this historic structure. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 30 ADT 86th Street No Data Available 9,900 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 10 ADT 1 Average Daily Trips 2 as defined by a single-family 3 4 as defined by a single-family LOS = Level of Service dwelling and a duplex dwelling Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 86th Street is a two-lane local neighborhood street. There are currently no CIP projects scheduled to upgrade this roadway. Public Utility Impacts Water The site currently connects to City water. Any unused services must be abandoned. There is an existing four-inch City water main along 86th Street. Sewer The site currently connects to City sanitary sewer. Any unused services must be abandoned. There is an existing eight- inch City sanitary sewer gravity main along 86th Street. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 9, 2023. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, October 25, 2023 and November 1, 2023. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 23, 2023. Ruffin 86, LLC Agenda Item 5 PacketPage Pg.555  7.K.a • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.virginiabeach.gov/pc on November 2, 2023. Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, January 23, 2024 and January 30, 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 January 22, 2024. • The City Clerk’s Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on February 2, 2024. Ruffin 86, LLC Agenda Item 5 PacketPage Pg.656  Existing Lots Ruffin 86, LLC Agenda Item 5 PacketPage Pg.757 7.K.a Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance  Subdivision Variance Exhibit Ruffin 86, LLC Agenda Item 5 PacketPage Pg.858 7.K.a Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance  Proposed Site Layout Ruffin 86, LLC Agenda Item 5 PacketPage Pg.959 7.K.a Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance  Proposed Building Elevations Ruffin 86, LLC Agenda Item 5 Packet Pg. Page 1060 7.K.a Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance  Proposed Building Elevations Ruffin 86, LLC Agenda Item 5 Packet Pg. Page 1161 7.K.a Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance  Site Photos Ruffin 86, LLC Agenda Item 5 Packet Pg. Page 1262 7.K.a Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance  Site Photos Ruffin 86, LLC Agenda Item 5 Packet Pg. Page 1363 7.K.a Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance  Disclosure Statement Ruffin 86, LLC Agenda Item 5 Packet Pg. Page 1464 7.K.a Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance  Disclosure Statement Ruffin 86, LLC Agenda Item 5 Packet Pg. Page 1565 7.K.a Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance  X Disclosure Statement 1/25/2024 Marchelle L. Coleman Ruffin 86, LLC Agenda Item 5 Packet Pg. Page 1666 7.K.a Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance  7.K.a Next Steps Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Ruffin 86, LLC Agenda Item 5 Page Packet Pg.1767  7.K.a Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & n Ocea R5R(NE) R5R (NE) Front u Aven e S tre et 86t h S t re et 86th R5R(NE) Site Property Polygons Zoning Building Ruffin 86, LLC 109A & 109B 86th Street, 8600 Ocean Front Avenue µ Feet Packet Pg. 68 0 5 10 20 30 40 50 60  7.K.a Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance Virginia Beach Planning Commission November 8, 2023, Public Meeting Agenda Item # 5 Ruffin 86, LLC RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you. Is there any opposition to this ordinance? All right. Next item is item number five Ruffin 86, LLC subdivision variance. Mr Garrington. Mr. Garrington:Good afternoon, Mr Chairman, ladies and gentlemen of the Planning Commission for the record, Billy Garrington on behalf of the applicant. Applicant in this case is Ruffin 86, LLC property known as 109 A & B 86th Street and 8600 Oceanfront Avenue. Property in question is subdivided lots that were created by deed back in the forties that we're going to vacate the interior lot line between the two of them create one less non-conforming lot upon which will be built a single-family dwelling, not four duplexes that two duplexes one on each lot that could be built otherwise. A lot still one will not meet all of the requirements of the zoning ordinance because it's a corner lot. It doesn't have the additional 10 feet of width, but it will be a significant less non-conforming over that which is there now and the new use for the property will be one single family dwelling. In the staff, there are three conditions as a part of this request when total agreement with all three those conditions and Thank Marchelle Coleman very much for working with us on this request. Mr. Horsley: Thank you, Mr. Garrington. Is there any opposition to this? Hearing none. I asked Mr. Plumlee if he'd read this into the record. Mr. Plumlee: Just briefly, the commission has allowed this matter to be placed on the consent agenda. This is for the vacation of an interior lot line at 86th Street in the Oceanfront. As the applicant's agent pointed out, this will require a variance be obtained by the board of zoning appeals, which staff has agreed is acceptable under the current ordinance. We've been shown plans that are quite attractive for the construction, and it should reduce some of the activity in that area. I've received nothing but positive comments. Mr. Horsley: Thank you, sir. So, we have four items to be placed, make a motion that we approve the item number one City of Virginia Beach, item number two City of Virginia Beach, item number five Ruffin 86 LLC and item number seven Anna Costello-Lora Windsor Oaks West Parcel 3. Packet Pg. 69  7.K.a Attachment: PLA - 01_ARF Package for Ruffin 86, LLC (COMBINED) (3667 : Ruffin 86, LLC (Applicant & Property Owner) Subdivision Variance Mr. Alcaraz: All right. Thank you, Mr. Vice Chair. We have a motion. Do I have a second? Mr. Parks: Yes, second. Mr. Alcaraz: Second by Mr. Parks. Madam Clerk: Mr. Horsley, can you make that motion on your iPad? Thank you, Mr. Parks. All right, the vote is now open. By a vote of eight to zero, items number one, two, five, and seven have been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Anderson ABS Byler AYE Clemons AYE Coston ABS Cuellar AYE Estaris ABS Hippen AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled “SUBDIVISION VARIANCE EXHIBIT – LOT 6, BLOCK 3, CAPE HENRY SYNDICATE, SECTION “D” (M.B. 1, PG. 8b), VIRGINIA BEACH, VIRGINIA FOR RUFFIN 86, LLC”, prepared by WPL, dated April 19, 2021, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The existing driveways on 86th Street shall be redesigned in a manner deemed acceptable to the Department of Public Works. 3. The proposed single-family dwelling 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. 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. Packet Pg. 70