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 March 19, 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- 12:00 PM A. SISTER CITIES ASSOCIATION OF VIRGINIA BEACH UPDATE Maria Weissenseel, President (Requested by Mayor Dyer and Council Member Berlucchi) B. FLOOD PROTECTION PROGRAM AND CAPITAL IMPROVEMENT UPDATE 12:15 PM Jeff Waller, P.E., Chair – Flood Prevention Bond Referendum Oversight Board Leisha Pica, Program Manager – Jacobs Engineering II. CITY MANAGER'S BRIEFING A. CITY MANAGER’S PROPOSED BUDGET 12:45 PM Kevin Chatellier, Director – Budget & Management Services III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 1:45 PM IV. CITY COUNCIL AGENDA REVIEW 2:00 PM V. INFORMAL SESSION - CONFERENCE ROOM- 2:15 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 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 March 5, 2024 2. FORMAL SESSION March 12, 2024 H. MAYOR'S PRESENTATIONS 1. RECOGNITION – Sister Cities Association of Virginia Beach 2024 Youth Ambassador – Aubrey Swain Visiting Students from Waiblingen, Germany 2. PROCLAMATION Tiffany Richardson-Harrell I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS Ordinance to DECLARE a portion of City-Owned property located at 2750 Elbow Road to be in Excess of the City’s Needs and AUTHORIZE the City Manager to dedicate the property to the City of Chesapeake re bridge and road improvements Ordinance to GRANT thirteen (13) Franchise Agreements for Outdoor Cafes in the Resort Area Resolution to ESTABLISH a Stormwater Management Implementation Advisory Group (Requested by Mayor Dyer and Council Member Schulman) – Deferred from March 5, 2024 (SPONSORS REQUEST DEFERRAL) Resolution to PROVIDE direction to the City Manager on the use of funds in Capital Project #100629, “Sports Tourism Infrastructure,” and PROVIDE direction to the City Manager to create options re dedicated funding source for Arts and Culture using existing funding dedications (Requested by Council Members Berlucchi, Ross-Hammond, Rouse, Remick, and Schulman) Ordinance to AMEND City Code Sections 23-2.1, 23-17, and 23-18.1 re curfews and other restrictions and regulations during civil commotion to be consistent with state law Resolution to PETITION the Commonwealth of Virginia re convey certain real property to the City Resolution to APPROVE a Settlement Agreement with The Adventure Park at Virginia Beach, LLC re unauthorized tree removal and to APPROPRIATE the first installment payment to Parks and Recreation – Tree Mitigation Fund  Ordinance to 1) AUTHORIZE acquisition of (a) 7.1± acres of land at the intersection of Wolfsnare Road and Great Neck Road; (b) 0.18± acres of land at Half Place; (c) 0.17± acres of land at the intersection of Chadwick Drive and Cambridge Drive from Lynnhaven Area Properties, LLC and Washington Square Townhouses, LLC; and 2) AUTHORIZE the City Manager to EXECUTE all necessary documents re the acquisition and the settlement of pending litigation Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Stratton’s Creek at the rear of 416 Goodspeed Road re construct and maintain a boat lift and a boathouse and into a City-Owned utility easement re construct and maintain riprap DISTRICT 6 Ordinance to AUTHORIZE temporary encroachments into the City’s right-of-way known as Bobolink Drive at the front of 1060 Bobolink Drive re maintain existing hardscaping, landscaping and irrigation system DISTRICT 6 Ordinance to ACCEPT and APPROPRIATE $32,000 of federal pass-through funding from the Virginia Department of Emergency Management to the FY2023-24 Fire Department Operating Budget re equipment and training for the Department’s Technical Rescue Team Ordinance to ACCEPT and APPROPRIATE $4,000 from the Federal Emergency Management Agency (FEMA) to the FY2023-24 Fire Department Operating Budget re FEMA training stipends for certain members of Virginia Task Force 2 (VA-TF2) Ordinance to TRANSFER $4,638,235 from the Tourism Investment Program (TIP) Fund to Capital Project #100486, “Winston Salem Avenue Improvements” re allow the execution of a construction contract K. PLANNING SUNSATIONS REALTY, LLC for a Special Exception for Alternative Compliance re J-1 Visa Dormitory Housing for Temporary Workers at 2500 Atlantic Avenue DISTRICT 6 DAOLIN DONG & JIAYIN WANG / CHARLES B. HAYES & STRAWBRIDGE COMMONS CONDOMINIUM ASSOCIATION for a Modification of Proffers to a Conditional Change of Zoning re allow retail sales and eating and drinking establishment at 2180 McComas Way,Suite 111 DISTRICT 5 VIRGINIA WESLEYAN UNIVERSITY for a Conditional Use Permit re Museum at 5817 Wesleyan Drive DISTRICT 4 YURVIN JUAN MORALES LOPEZ / FREEDOM LAND INVESTMENT, LLC for a Conditional Use Permit re open air market at 5070 Virginia Beach Boulevard DISTRICT 4 GEORGE CUTULLE / GEORGE JOSEPH CUTULLE & VIVIENNE MARY CUTULLE for a Conditional Use Permit re residential kennel at 2760 Mulberry Loop DISTRICT 5 BRANDON SHAW for a Conditional Use Permit re home occupation – retail sales at 2076 Mason Neck Lane DISTRICT 7 SIREN ARTS STUDIO / RT VIRGINIA HOLDINGS, LLC for a Conditional Use Permit re tattoo parlor and body piercing establishment at 1423 North Great Neck Road, Suite 105A DISTRICT 8 CECILIA M. PATTERSON / ROCKY LLC for a Conditional Use Permit re tattoo parlor at 3920 Virginia Beach Boulevard DISTRICT 8 915C PACIFIC, LLC for a Conditional Use Permit re short term rental at 915 Pacific Avenue Unit C DISTRICT 5  MARIBEL JOA / MARIBEL JOA & COURTNEY A. CURRIE for a Conditional Use Permit for a short term rental at 304 28th Street, Unit 211 DISTRICT 6 L. APPOINTMENTS 1. 90-DAY FESTIVAL TASK FORCE 2. ADVERTISING ADVISORY COMMITTEE 3. BAYFRONT ADVISORY COMMISSION 4. BEACHES AND WATERWAYS ADVISORY COMMISSION 5. CLEAN COMMUNITY COMMISSION 6. COMMUNITY POLICY AND MANAGEMENT TEAM 7. COMMUNITY SERVICES BOARD 8. GREEN RIBBON COMMITTEE 9. HEALTH SERVICES ADVISORY BOARD 10. HOUSING ADVISORY BOARD 11. INDEPENDENT CITIZEN REVIEW BOARD 12. MINORITY BUSINESS COUNCIL 13. PERSONNEL BOARD 14. RESORT ADVISORY COMMISSION 15. SENIOR SERVICES OF SOUTHEASTERN VIRGINIA BOARD 16. SHORT TERM RENTAL ENFORCEMENT TASK FORCE 17. TRANSITION AREA/ INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE 18. VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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.J.a Packet Pg. 5 Attachment: Ordinance declaring a portion of City-owned property located at 2750 Elbow Road in Excess of the City’s Needs and Authorizing  6.J.a Packet Pg. 6 Attachment: Ordinance declaring a portion of City-owned property located at 2750 Elbow Road in Excess of the City’s Needs and Authorizing  6.J.a Packet Pg. 7 Attachment: Ordinance declaring a portion of City-owned property located at 2750 Elbow Road in Excess of the City’s Needs and Authorizing  6.J.a Packet Pg. 8 Attachment: Ordinance declaring a portion of City-owned property located at 2750 Elbow Road in Excess of the City’s Needs and Authorizing  6.J.a Packet Pg. 9 Attachment: Ordinance declaring a portion of City-owned property located at 2750 Elbow Road in Excess of the City’s Needs and Authorizing  6.J.a Packet Pg. 10 Attachment: Ordinance declaring a portion of City-owned property located at 2750 Elbow Road in Excess of the City’s Needs and Authorizing  6.J.a Packet Pg. 11 Attachment: Ordinance declaring a portion of City-owned property located at 2750 Elbow Road in Excess of the City’s Needs and Authorizing  6.J.a Packet Pg. 12 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 13 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 14 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 15 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 16 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 17 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 18 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 19 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 20 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 21 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 22 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 23 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 24 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 25 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 26 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 27 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 28 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet 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Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 36 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 37 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 38 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 39 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 40 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 41 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 42 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 43 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 44 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 45 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 46 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 47 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 48 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 49 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 50 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 51 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 52 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 53 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 54 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 55 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 56 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 57 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 58 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 59 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 60 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  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Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 81 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 82 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 83 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 84 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 85 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 86 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 87 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 88 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 89 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 90 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 91 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Packet Pg. 92 Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  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Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 119 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 120 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 121 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 122 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 123 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 124 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 125 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 126 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 127 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 128 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 129 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 130 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 131 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 132 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 133 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 134 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 135 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 136 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 137 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 138 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 139 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 140 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 141 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 142 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen Packet Pg. 143 6.J.a Attachment: Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area (3767 : Ordinance Granting Thirteen  6.J.a Attachment: Resolution Establishing a Stormwater Management Implementation Advisory Group (3776 : Resolution Establishing a Stormwater CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing a Stormwater Management Implementation Advisory Group MEETING DATE: March 5, 2024  Background: The City Council created the Process Improvement Steering Committee (“PISC”) to provide recommendations to improve various aspects of the City’s government. The Council referred the “Resolution to Adopt and Amend the Virginia Beach Comprehensive Plan 2016 regarding the Stormwater Impacts for Discretionary Land Use Applications” to the PISC, and the PISC recommended the establishment of a “work group to provide recommendations regarding how best to balance the need for stormwater management and flooding protection with development and redevelopment opportunities.” This resolution establishes the recommended work group.  Considerations: The Stormwater Management Advisory Group (“Advisory Group”) will serve in an advisory capacity to the City Council and consist of no more than 19 voting members, including residents, environmental professionals, and industry stakeholders. In addition to the voting members, the Advisory Group will include a Planning Commission liaison and two high school students as nonvoting members. The duties of the Advisory Group will be to: further review the topic of stormwater management and its impact and consequences on land use and redevelopment issues; identify whether there are any opportunities, advantages, or disadvantages to strengthening regulation alignment and specificity based on the City’s varied drainage basin, and a property’s land use and zoning characteristics; formalize a cost-sharing program relative to stormwater infrastructure and policy to include developing criteria for cost-sharing eligibility; and determine whether there are any opportunities to advance/incentivize Council-adopted policy and/or planning objectives, such as affordable housing, the preservation and enhancement of our City's tree canopy and open spaces, enhanced water quality, more sidewalks and paved paths, utilization of nature- based stormwater management practices in addition to grey infrastructure solutions, implementation of regional stormwater solutions, strategic and resilient approaches to redevelopment, and other preferred land use approaches, through stormwater management.  Public Information: This item will be advertised in the same manner as other agenda items.  Attachment: Resolution Requested by Mayor Dyer and Councilmember Schulman Packet Pg. 144  6.J.a Attachment: Resolution Establishing a Stormwater Management Implementation Advisory Group (3776 : Resolution Establishing a Stormwater REQUESTED BY MAYOR DYER AND COUNCILMEMBER SCHULMAN 1 A RESOLUTION ESTABLISHING A STORMWATER 2 MANAGEMENT IMPLEMENTATION ADVISORY 3 GROUP 4 5 WHEREAS, the City Council created the Process Improvement Steering 6 Committee (“PISC”) to provide recommendations to improve various aspects of the City’s 7 government; 8 9 WHEREAS, the City Council referred the “Resolution to Adopt and Amend the 10 Virginia Beach Comprehensive Plan 2016 regarding the Stormwater Impacts for 11 Discretionary Land Use Applications” to the PISC, and the PISC has recommended the 12 establishment of a “work group to provide recommendations regarding how best to 13 balance the need for stormwater management and flooding protection with development 14 and redevelopment opportunities;” and 15 16 WHEREAS, the City Council agrees that such a work group would be beneficial; 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 1. That the City Council hereby establishes the Stormwater Management 22 Implementation Advisory Group (“Advisory Group”). 23 24 2. That the Advisory Group shall serve in an advisory capacity to the City Council, 25 and the City Council shall appoint its members. 26 27 3. That the Advisory Group shall consist of a total of no more than 19 voting 28 members, as follows: 29 30 a. No more than 11 subject matter experts and industry representatives 31 (such as environmental professionals, engineering consultants, land 32 use and/or environmental attorney(s), members of the real estate 33 development community, and representatives from conservation 34 organizations). 35 b. No more than 2 resident representatives for the Elizabeth River 36 Watershed who reside in either District 1 or District 4, appointed with the 37 concurrence of the Councilmembers representing Districts 1 and 4; 38 c. No more than 2 resident representatives for the Thalia Creek and 39 London Bridge Creek drainage basins (to include areas such as 40 Windsor Woods, Princess Anne Plaza, Green Run and Bow Creek) who 41 reside in either District 3 or District 10, appointed with the concurrence 42 of the Councilmembers representing Districts 3 and 10. 43 d. No more than 2 resident representatives for the Chesapeake Bay Packet Pg. 145  6.J.a Attachment: Resolution Establishing a Stormwater Management Implementation Advisory Group (3776 : Resolution Establishing a Stormwater 44 Watershed and who reside in District 6, District 8, or District 9, appointed 45 with the concurrence of the Councilmembers representing Districts 6, 8, 46 and 9. 47 e. No more than 2 resident representatives for the Southern Rivers 48 Watershed who reside in District 2, District 5, or District 7, appointed 49 with the concurrence of the Councilmembers representing Districts 2, 5, 50 and 7. 51 52 4. That, in addition to the above-described voting members, the Advisory Group 53 shall include a nonvoting Planning Commission liaison and two high school students as 54 nonvoting members. A quorum of the membership shall be defined as a majority of the 55 then-appointed voting members, but no less than five. 56 57 5. That the duties of the Advisory Group shall be to: 58 59 • Further review the topic of stormwater management and its impact and 60 consequences on land use and redevelopment issues; 61 • Identify whether there are any opportunities, advantages, or disadvantages 62 to strengthening regulation alignment and specificity based on the City’s 63 varied drainage basins, and a property’s land use and zoning 64 characteristics; 65 • Formalize a cost-sharing program relative to stormwater infrastructure and 66 policy to include developing criteria for cost-sharing eligibility; and 67 • Determine whether there are any opportunities to advance/incentivize 68 Council-adopted policy and/or planning objectives, such as affordable 69 housing, the preservation and enhancement of our City's tree canopy and 70 open spaces, enhanced water quality, more sidewalks and paved paths, 71 utilization of nature-based stormwater management practices in addition to 72 grey infrastructure solutions, implementation of regional stormwater 73 solutions, strategic and resilient approaches to redevelopment, and other 74 preferred land use approaches, through stormwater management. 75 76 6. That the City Manager shall provide staff support on an as-needed basis (from 77 the Economic Development Department, Planning Department, the Department of Public 78 Works, the Office of Performance and Accountability, and any other relevant department) 79 and other support to the Advisory Group, including a professional facilitator to guide group 80 meetings, and the City Attorney shall also provide staff support. 81 82 7. That the Advisory Group may begin to meet upon the appointment of its 11th 83 voting member. The Advisory Group shall provide its recommendations to the City 84 Council within six months of the appointment of its 11th voting member. Adopted by the Council of the City of Virginia Beach, Virginia, on the _____ day of _________________, 2024. Packet Pg. 146 Packet Pg. 147 6.J.a Attachment: Resolution Establishing a Stormwater Management Implementation Advisory Group (3776 : Resolution Establishing a Stormwater  6.J.a s Attachment: Resolution to Provide Direction to the City Manager on the Use of Funds in Capital Project #100629, “Sports Tourism CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Provide Direction to the City Manager on the Use of Funds in Capital Project #100629, “Sports Tourism Infrastructure,” and to Provide Direction to the City Manager to Create Options for a Dedicated Funding Source for Arts and Culture Using Existing Funding Dedications MEETING DATE: March 19, 2024  Background: Capital Project #100629, “Sports Tourism Infrastructure,” uses revenues from the Tourism Investment Program (TIP) Fund to support sports tourism opportunities through the upgrade or renovation of existing facilities such as the Virginia Beach SportsPlex, Princess Anne Athletic Complex, Hampton Roads Soccer Complex, and Pickleball Virginia Beach. Project #100629 has funding currently appropriated at $6,921,100, and the FY2024 Capital Improvement Program had planned for FY2025 to provide an additional $12.6 million. On March 5, 2024, the City Council was provided two recommendations for allocation of $18,500,000 in Project #100629. One approach would fund the existing facilities based solely upon anticipated return on investment. The second option provided some funding to all four facilities. Separately, the City Council recognizes the residents and visitors of the City, in addition to enjoying sports, appreciate arts and culture, which brings a vibrancy to life in the City. To support the arts and culture community, the City should have dedicated funding that nourishes and sustains arts and culture.  Considerations: The attached resolution provides two directions to the City Manager. First, it directs the City Manager to pursue distribution of Capital Project #100629 based on the second option. This option would provide the following: 1. Pickleball Virginia Beach - $2,101,000 2. VB SportsPlex and Field Hockey Training Center - $3,138,500 3. Princess Anne Athletic Complex - $3,259,500 4. Hampton Roads Soccer Complex - $10,000,000. Second, it directs the City Manager to create options for establishing a dedicated funding source for arts and culture from existing funding dedications, excluding the General Fund. The City Manager is to provide these options to the City Council for its consideration within 20 days of the adoption of this Resolution. The City Manager shall thereafter allot time for the discussion of the dedicated funding options at a subsequent Informal or Workshop Session.  Public Information: Normal Council agenda process.  Attachments: Resolution; Victus Slide REQUESTED BY COUNCILMEMBERS BERLUCCHI, ROSS-HAMMOND, ROUSE, REMICK, AND SCHULMAN Packet Pg. 148 Packet Pg. 149 6.J.a Attachment: Resolution to Provide Direction to the City Manager on the Use of Funds in Capital Project #100629, “Sports Tourism  6.J.a REQUESTED BY COUNCILMEMBERS BERLUCCHI, ROSS-HAMMOND, ROUSE, REMICK, AND SCHULMAN 1 A RESOLUTION TO PROVIDE DIRECTION TO Attachment: Resolution to Provide Direction to the City Manager on the Use of Funds in Capital Project #100629, “Sports Tourism 2 THE CITY MANAGER ON THE USE OF FUNDS IN 3 CAPITAL PROJECT #100629, “SPORTS 4 TOURISM INFRASTRUCTURE,” AND TO 5 PROVIDE DIRECTION TO THE CITY MANAGER 6 TO CREATE OPTIONS FOR A DEDICATED 7 FUNDING SOURCE FOR ARTS AND CULTURE 8 USING EXISTING FUNDING DEDICATIONS 9 10 WHEREAS, Capital Project #100629, “Sports Tourism Infrastructure,” uses 11 revenues from the Tourism Investment Program (TIP) Fund to support sports tourism 12 opportunities through the upgrade or renovation of existing facilities such as the Virginia 13 Beach SportsPlex, Princess Anne Athletic Complex, Hampton Roads Soccer Complex, 14 and Pickleball Virginia Beach; 15 16 WHEREAS, Project #100629 has funding currently appropriated at $6,921,100, 17 and the FY2024 Capital Improvement Program had planned for FY2025 to provide an 18 additional $12.6 million; 19 20 WHEREAS, the City Council was provided two recommendations for allocation of 21 $18,500,000 in Project #100629; 22 23 WHEREAS, this resolution provides direction to the City Manager to pursue the 24 second option, which provides funding to all four of the facilities noted above in the 25 following amounts: 26 1. Pickleball Virginia Beach - $2,101,000 27 2. VB SportsPlex and Field Hockey Training Center - $3,138,500 28 3. Princess Anne Athletic Complex - $3,259,500 29 4. Hampton Roads Soccer Complex - $10,000,000 30 31 WHEREAS, the residents and visitors of the City, in addition to enjoying sports, 32 recognize and appreciate arts and culture, which brings a vibrancy to life in the City; 33 34 WHEREAS, to support the arts and culture community, the City should have 35 dedicated funding that nourishes and sustains arts and culture; 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA, THAT 39 40 1. The City Manager is hereby directed to pursue the distribution of Capital Project 41 #100629 following the second option presented to the City Council, which is 42 summarized above. To the extent funding is conditioned upon appropriation in 43 Fiscal Year 2025, the City Manager shall include a condition in any funding 44 agreement that preserves the City Council’s legislative prerogative to make Packet Pg. 150  16458 Packet Pg. 151 6.J.a Attachment: Resolution to Provide Direction to the City Manager on the Use of Funds in Capital Project #100629, “Sports Tourism Infrastructure,” and to Packet Pg. 152 6.J.a Attachment: Ordinance to Amend Sections 23-2.1, 23-17, and 23-18.1 of the City Code Pertaining to Curfews and Other Restrictions and Packet Pg. 153 6.J.a Attachment: Ordinance to Amend Sections 23-2.1, 23-17, and 23-18.1 of the City Code Pertaining to Curfews and Other Restrictions and Packet Pg. 154 6.J.a Attachment: Ordinance to Amend Sections 23-2.1, 23-17, and 23-18.1 of the City Code Pertaining to Curfews and Other Restrictions and Packet Pg. 155 6.J.a Attachment: Ordinance to Amend Sections 23-2.1, 23-17, and 23-18.1 of the City Code Pertaining to Curfews and Other Restrictions and Packet Pg. 156 6.J.a Attachment: Ordinance to Amend Sections 23-2.1, 23-17, and 23-18.1 of the City Code Pertaining to Curfews and Other Restrictions and Packet Pg. 157 6.J.a Attachment: Ordinance to Amend Sections 23-2.1, 23-17, and 23-18.1 of the City Code Pertaining to Curfews and Other Restrictions and Packet Pg. 158 6.J.a Attachment: Resolution Petitioning the Commonwealth of Virginia to Convey Certain Real Property to the City of Virginia Beach (3778 : Packet Pg. 159 6.J.a Attachment: Resolution Petitioning the Commonwealth of Virginia to Convey Certain Real Property to the City of Virginia Beach (3778 : Packet Pg. 160 6.J.a Attachment: Resolution Petitioning the Commonwealth of Virginia to Convey Certain Real Property to the City of Virginia Beach (3778 : Packet Pg. 161 6.J.a Attachment: Resolution Petitioning the Commonwealth of Virginia to Convey Certain Real Property to the City of Virginia Beach (3778 : Packet Pg. 162 6.J.a Attachment: Resolution Petitioning the Commonwealth of Virginia to Convey Certain Real Property to the City of Virginia Beach (3778 : Packet Pg. 163 6.J.a Attachment: Resolution Petitioning the Commonwealth of Virginia to Convey Certain Real Property to the City of Virginia Beach (3778 : Packet Pg. 164 6.J.a Attachment: Resolution Petitioning the Commonwealth of Virginia to Convey Certain Real Property to the City of Virginia Beach (3778 : Packet Pg. 165 6.J.a Attachment: Resolution Petitioning the Commonwealth of Virginia to Convey Certain Real Property to the City of Virginia Beach (3778 : Packet Pg. 166 6.J.a Attachment: Resolution Petitioning the Commonwealth of Virginia to Convey Certain Real Property to the City of Virginia Beach (3778 : Packet Pg. 167 6.J.a Attachment: Resolution Petitioning the Commonwealth of Virginia to Convey Certain Real Property to the City of Virginia Beach (3778 : Packet Pg. 168 6.J.a Attachment: Resolution Petitioning the Commonwealth of Virginia to Convey Certain Real Property to the City of Virginia Beach (3778 : Packet Pg. 169 6.J.a Attachment: Resolution Petitioning the Commonwealth of Virginia to Convey Certain Real Property to the City of Virginia Beach (3778 : Packet Pg. 170 6.J.a Attachment: Resolution to Approve a Settlement Agreement with The Adventure Park at Virginia Beach, LLC, Regarding Unauthorized Tree Packet Pg. 171 6.J.a Attachment: Resolution to Approve a Settlement Agreement with The Adventure Park at Virginia Beach, LLC, Regarding Unauthorized Tree Packet Pg. 172 6.J.a Attachment: Resolution to Approve a Settlement Agreement with The Adventure Park at Virginia Beach, LLC, Regarding Unauthorized Tree Packet Pg. 173 6.J.a Attachment: Resolution to Approve a Settlement Agreement with The Adventure Park at Virginia Beach, LLC, Regarding Unauthorized Tree Packet Pg. 174 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 175 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 176 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 177 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 178 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 179 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 180 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 181 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 182 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 183 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 184 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 185 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 186 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 187 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 188 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 189 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 190 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 191 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 192 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 193 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 194 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 195 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 196 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 197 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 198 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 199 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 200 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 201 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 202 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 203 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 204 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 205 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 206 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 207 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 208 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 209 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 210 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 211 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 212 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 213 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 214 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 215 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 216 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 217 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 218 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 219 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 220 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 221 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 222 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 223 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 224 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 225 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 226 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 227 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 228 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 229 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 230 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 231 6.J.a Attachment: Ordinance to 1) authorize acquisition of (a) 7.1 +- acres of land located at the intersection of Wolfsnare Road and Great Neck Road Packet Pg. 232 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 233 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 234 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 235 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 236 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 237 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 238 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 239 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 240 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 241 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 242 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 243 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 244 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 245 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 246 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 247 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 248 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 249 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 250 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 251 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 252 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 253 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 254 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 255 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Strattons Creek and into a City- Packet Pg. 256 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 257 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 258 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 259 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 260 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 261 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 262 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 263 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 264 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 265 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 266 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 267 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 268 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 269 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 270 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 271 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 272 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 273 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 274 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 275 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 276 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 277 6.J.a Attachment: Ordinance to authorize Temporary Encroachments into the City’s right-of-way known as Bobolink Drive, located at the front of Packet Pg. 278 6.J.a Attachment: Ordinance to Accept and Appropriate Grant Funds for the Fire Department’s Technical Rescue Team (3773 : Ordinance to Accept Packet Pg. 279 6.J.a Attachment: Ordinance to Accept and Appropriate Grant Funds for the Fire Department’s Technical Rescue Team (3773 : Ordinance to Accept Packet Pg. 280 6.J.a Attachment: Ordinance to Accept and Appropriate $4,000 from the Federal Emergency Management Agency for Virginia Task Force 2 Training Packet Pg. 281 6.J.a Attachment: Ordinance to Accept and Appropriate $4,000 from the Federal Emergency Management Agency for Virginia Task Force 2 Training Packet Pg. 282 6.J.a Attachment: Ordinance to Transfer $4,638,235 from the Tourism Investment Fund (TIP) Fund to Capital Project #100489, “Winston Salem Packet Pg. 283 6.J.a Attachment: Ordinance to Transfer $4,638,235 from the Tourism Investment Fund (TIP) Fund to Capital Project #100489, “Winston Salem Packet Pg. 284 6.J.a Attachment: Ordinance to Transfer $4,638,235 from the Tourism Investment Fund (TIP) Fund to Capital Project #100489, “Winston Salem  SUNSATIONS REALTY, LLC FOR A SPECIAL EXCEPTION FOR ALTERNATIVE COMPLIANCE RE J-1 VISA DORMITORY HOUSING FOR TEMPORARY WORKERS AT 2500 ATLANTIC AVENUE 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. 285  6.K.a Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUNSATIONS REALTY, LLC [Applicant & Property Owner] Special Exception for Alternative Compliance (J-1 Visa Dormitory Housing for Temporary Workers) for the property located at 2500 Atlantic Avenue (GPIN 24281001850000). COUNCIL DISTRICT 6 MEETING DATE: March 19, 2024  Background: The applicant is requesting a Special Exception for Alternative Compliance for a J-1 Visa Dormitory Housing facility as the use is not expressly listed in the use table of the Oceanfront Resort District Form-Based Code (ORDFBC). The applicant proposes to occupy the second floor of an existing building to create a dormitory dwelling space which can accommodate up to 86 J-1 Visa workers. The site is in the Resort Area and is located on the northwest corner of Atlantic Avenue and 25th Street. The J-1 Visa workers are primarily employed by hotels and restaurants in the Resort Area. While peak employment demand occurs during the summer season, the applicant believes there would be year-round demand to support the proposed use. The facility will only be used as a dormitory for J-1 Visa applicants; no other individuals will reside on-site. The facility will be managed by a 3rd party company, to include a 24/7 on-site manager to ensure the safety and cleanliness of the dormitory. This request was considered by the Joint Review Process Group (JRP) on December 12, 2023, who found, based on criteria established for discretionary proposals in Sub-Area 1, the proposed development is consistent with the recommendations of Section 1804(c)(1) of the Ordinance. Additionally, this request was presented to the Resort Advisory Commission (RAC) and their subcommittees Planning/Design Review Committee (PDRC) and Resort Investment Committee (RIC). On February 1, 2024, RAC voted to support the item as their membership believes there is demand for this type of housing to support the international students working in the local hospitality industry under the Federal J-1 Visa program.  Considerations: The Oceanfront Resort District Form-Based Code (ORDFBC) provides flexibility through the Special Exception of Alternative Compliance process to accommodate unique uses and development forms that contribute to the character and ambiance envisioned in the Resort Area Strategic Action Plan (RASAP 2030), per Sec. 7.3 Packet Pg. 286  6.K.a Sunsations Realty, LLC Page 2 of 3 of the ORDFBC. Although the proposed use of “J-1 Visa Dormitory Housing” is not Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative expressly listed within the Permitted Use Table, per Sec. 5.2 of the ORDFBC, Staff believes that the use is compatible with the Oceanfront Resort as it provides much- needed housing opportunities for J-1 Visa workers who support the operations of the Resort Area year-round. Furthermore, providing a diverse housing stock, to include J-1 Visa housing, was identified in the RASAP 2030. Additionally, this location is optimal for dormitory housing as many of the J-1 Visa workers rely on bike/pedestrian infrastructure, public transportation, and micro transit. The building is located in the midst of the Resort Area and is in close proximity to the boardwalk and public transportation, which will connect residents to employment opportunities and other services in the area. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. Staff has received 2 letters of support for the request and is unaware of any opposition.  Recommendation: On February 14, 2024, the Planning Commission passed a motion to recommend approval of this request, by a vote of 10 to 0 with 1 abstention, with a modification to Condition 7 to allow the additional bike racks to be installed in the public right- of-way. 1. The interior renovations for the J-1 Visa Dormitory Housing shall be in substantial conformance to the submitted plan, entitled “25th Street SJ1 Student Housing”, prepared by T3 Architects, and dated October 19, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Any changes to the plan required by the Building Code, Fire Marshal, or any other governing body are acceptable to the extent that they do not result in a greater occupancy than the 86 beds presented in the original plan. 2. The J-1 Visa Dormitory shall be limited to a maximum of 86 occupants. The occupants of this dormitory must also be enrolled in the J-1 Visa Exchange Visitor Program for the extent of time they are inhabiting the dormitory. The dormitory may not be utilized for any other purpose than housing J-1 Visa workers. 3. A lighting plan which indicates LED light fixtures on all exterior walls of the structure must be approved prior to issuance of a Certificate of Occupancy for the J-1 Visa Dormitory Housing use. These LED light fixtures must be always maintained and provide illumination of the exterior of the structure, including all entrances of the building, all fire exits on the building, and the alleyway (25th ½ Street). 4. A means of emergency access shall be provided to the Virginia Beach Police Department for the J-1 Visa Dormitory Housing prior to the issuance of a Packet Pg. 287  6.K.a Sunsations Realty, LLC Page 3 of 3 Certificate of Occupancy for the use. The applicant and/or site manager shall Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative meet any access requirements as determined by the Police Crime Prevention Office. 5. All entryways, lobbies, and fire exits to and from the J-1 Visa Dormitory Housing shall be monitored by a functioning security camera system which the Virginia Beach Police Department can access. A plan indicating the location of these cameras shall be approved prior to the issuance of a Certificate of Occupancy for the J-1 Visa Dormitory Housing Use. 6. A secure, lockable wardrobe, footlocker, or other administratively approved container shall be provided per bed for the occupants of the J-1 Visa Dormitory Housing. 7. A plan which provides bicycle parking for no less than 40 bikes, either in the form of a bicycle rack(s) or other indoor, secured storage area, is required to be approved prior to the issuance of the Certificate of Occupancy for the J-1 Visa Dormitory Housing use. This bicycle parking must may be provided within the limits of private property and not or within the right-of-way.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 288  6.K.a Applicant and Property Owner Sunsations Realty, LLC Agenda Item Planning Commission Public Hearing February 14, 2024 City Council District 6 8 Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative Request Alternative Compliance (J-1 Visa Dormitory Housing for Temporary Workers) Staff Recommendation Approval Staff Planner Garek Hall Hannigan Location 2500 Atlantic Avenue GPIN 24281001850000 Site Size ±14,356 square feet AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning District Retail establishment / OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 25th ½ Street Eating and drinking establishment, Parking lot / OR Oceanfront Resort South 25th Street Offices, Retail establishment / OR Oceanfront Resort East Atlantic Avenue Hotel / OR Oceanfront Resort West Offices, Eating and drinking establishment / OR Oceanfront Resort Sunsations Realty, LLC Agenda Item 8 PacketPage Pg. 1289  6.K.a Background & Summary of Proposal • The applicant is requesting a Special Exception of Alternative Compliance for a J-1 Visa Dormitory Housing facility as Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative the use is not expressly listed in the use table of the Oceanfront Resort District Form-Based Code. The proposed dormitory will occupy the second floor of an existing building. • The existing two-story building is occupied by a retail establishment, Sunsations, on the first floor. The second floor is currently vacant space but has been previously used as inventory storage for the retail establishment. • The applicant proposes a dormitory to house up to 86 student workers. These student workers are classified as J-1 exchange visitors and are nonimmigrants sponsored by exchange programs under the administration of the Department of State. • J-1 Visa workers are primarily employed by hotels and restaurants in the Resort Area. While peak employment demand occurs during the summer season, the applicant believes there would be year-round demand to support the proposed use. • The facility will only be used as a dormitory for J-1 Visa applicants; no other individuals will reside on-site. • This request was considered by the Joint Review Process Group (JRP) on December 12, 2023, who found, that based on criteria established for discretionary proposals in Sub-Area 1, the proposed development is consistent with the recommendations of Section 1804(c)(1) of the Ordinance. o Section 1804(c)(1) requires that the applications conform to the applicable provisions of the Oceanfront Resort District Form-Based Code as well as the Comprehensive Plan and the Resort Area Strategic Action Plan (RASAP) 2030. • This request was presented to the Resort Advisory Commission (RAC) and their subcommittees Planning/Design Review Committee (PDRC) and Resort Investment Committee (RIC). On February 1, 2024, RAC voted to support the item as their membership believes there is demand for this type of housing to support the international students working in the local hospitality industry under the Federal J-1 Visa program. 1 Zoning History # Request 1 ALT Approved 03/19/2019 CUPs (Short Term Rentals) Approved 01/18/2022 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 Sunsations Realty, LLC Agenda Item 8 PacketPage Pg. 290  6.K.a Evaluation & Recommendation The Oceanfront Resort District Form-Based Code (ORDFBC) provides flexibility through the Special Exception of Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative Alternative Compliance process to accommodate unique uses and development forms that contribute to the character and ambiance envisioned in the Resort Area Strategic Action Plan (RASAP 2030), per Sec. 7.3 of the ORDFBC. Although the proposed use of “J-1 Visa Dormitory Housing” is not expressly listed within the Permitted Use Table, per Sec. 5.2 of the ORDFBC, Staff believes that the use is compatible with the Oceanfront Resort as it provides much-needed housing opportunities for J-1 Visa workers who support the operations of the Resort Area year-round. Additionally, this location is optimal for dormitory housing as many of the J-1 Visa workers rely on bike/pedestrian infrastructure, public transportation, and micro transit. The building is located in the midst of the Resort Area and is in close proximity to the boardwalk and public transportation, which will connect residents to employment opportunities and other services in the area. The Oceanfront Resort District, pursuant to Section 7.3.3, provides ‘Review Standards’ for applications for Alternative Compliance, noting that the City Council “shall consider the extent to which the proposed development, taken as a whole,” satisfies these standards. Each of these standards is listed below, with a Staff comment pertaining to the degree to which the proposal meets each. • Promotes modes of transportation other than the automobile, including walking, biking, and transit. Staff Comments: The site is located at the northwest corner of 25th Street and Atlantic Avenue which is a central location within the Resort Area. 25th Street is designated as “Beach” frontage type which is intended as a frontage with high pedestrian activity directed downward to the beach, while Atlantic Avenue is designated as a “Shopping” frontage type which features the most walkable places in the Resort Area, with a focus on pedestrian movement and activity to and from a mix of retail, dining, and lodging uses. While there is a higher volume of traffic on these streets, particularly Atlantic Avenue, the area still offers accommodations for pedestrians. The proposed dormitory is in close proximity to many employment opportunities for the J-1Visa Workers and is accessible by various modes of transportation, thus enabling the residents to walk, bike, or utilize public transportation to get to their destinations. In these ways, the proposed dormitory use promotes modes of transportation other than the automobile within the Resort Area. • Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. Staff Comments: There are minor proposed changes to the built environment with this application as the applicant will be adding fenestration to the west elevation of the building. As these exterior alterations are located behind the building, away from Atlantic Avenue, there will be no visual change from the pedestrian level. The primary changes proposed will be made to the interior of the existing building. The proposed dormitory will not alter the existing scale of the building, nor will it enhance or detract from the existing pedestrian-oriented activities and visual interests of the Resort Area. • Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. Staff Comments: The proposed dormitory will provide lodging for J-1 Visa workers, many of whom are employed by businesses within the Resort Area. It will occupy the second floor of an existing retail establishment thus contributing to the goal of creating mixed-uses within the Oceanfront. This proposed dormitory is consistent with the goals of the Resort Area and furthers them by providing a much-needed housing option within the heart of the Resort Area. Sunsations Realty, LLC Agenda Item 8 PacketPage Pg. 3291  6.K.a • Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code. Staff Comments: The “Beach” and “Shopping” frontages are both intended to promote pedestrianism in the Oceanfront by providing residential uses near commercial uses to reduce the need for a personal automobile. Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative The location of the dormitory is one block from the boardwalk and fronts Atlantic Avenue, which has well- supported multi-modal transit infrastructure. • Is physically and functionally integrated with the built environment in which it is located. Staff Comments: The proposed use will not alter the exterior of the existing structure on the site. The existing structure is a two-story, mixed-use building, and is in keeping with the spirit of the Oceanfront Resort district and the frontage types on which it is located. The proposed use and structure on the site are well-suited to the Resort District. • Advances the goals and objectives of the parking strategy for the District. Staff Comments: No additional parking will be provided on site. Given the proximity of the dormitory to the robust multi-modal transit system in the Resort Area, no additional parking will be required for this use. It is unlikely that all or even most residents of the dormitory will have a personal vehicle and demand for individual parking is unexpected. As such, it is Staff’s opinion that the proposed use, while not providing additional parking, will have no detrimental effect on the parking strategy for the Resort Area. • The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Staff Comments: The proposed use is unlikely to have any adverse impacts on surrounding properties. Under the current zoning, this site can be developed or redeveloped with residential uses. A project of that type would require additional parking and increase average daily trips to this area. The proposed dormitory, while a type of residential use, has a lower parking demand. It will also provide J-1 Visa workers an affordable housing opportunity near employment opportunities and a new customer base for the Resort Area. Given this, Staff does not believe the proposed use will be a detriment to surrounding properties nor the Resort Area in general. Within the Resort Area Strategic Action Plan, J-1 housing is specifically listed in Chapter 4.6 as a use that is “needed to achieve the goal of a year-round resort.” Chapter 4.6 notes that J-1 housing will be a critical component to the Resort Area as it will enable it “to be a walkable community and will alleviate congestion and parking issues.” A priority action item of the RASAP 2030, as stated in Chapter 5, is to “Support residential and mixed-use development in the Resort Area” by developing “J-1 housing to promote year-round activity”. This project was presented to the Joint Review Process Group on December 12, 2023. The group, which contains representation from Naval Air Station Oceana, found the request acceptable based on criteria established for discretionary proposals in Sub-Area 1 of the Air Installations Compatible Use Zones (AICUZ), namely that the development conforms to the applicable provisions of the Zoning Ordinance and applicable provisions of the Comprehensive Plan, including the Resort Area Strategic Action Plan. More specifically, the group found the proposed development to be in conformance with the RASAP 2030, which expressly identifies the need for J-1 housing in the Resort Area. As part of the recommended conditions, the density of this project will be capped at 86 J-1 Visa occupants in accordance with the findings and recommendations of the Joint Review Process Group. Additionally, the applicant’s representative presented the project to the Resort Advisory Commission (RAC) on February 1, 2024, as well as their subcommittees Planning/Design Review Committee (PDRC) and Resort Investment Committee (RIC) on January 30, 2024, and January 31, 2024, respectively. The applicant’s representative shared the conceptual plan with the Commission as well as details pertaining to how the dormitory will be managed: A 3rd party will manage the site in order to ensure the security and safety of the occupants, they will upkeep the shared amenities of the facility such as the bathrooms, kitchen, and laundry, and they will provide an on-site manager similar to a Resident Advisor (RA) in a college dormitory. Given these details, the RAC voted to support the request under the pretenses that their membership Sunsations Realty, LLC Agenda Item 8 PacketPage Pg. 4292  6.K.a believes there is demand for this type of housing to support the international students working in the local hospitality industry under the Federal J-1 Visa program. RAC’s support was based on the following features of the proposed project; the dormitory will only support housing for the J-1 program, the project provides a high capacity of housing for workers to support multiple businesses in the Resort Area, parking in the Resort Area will not be adversely affected as the Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative workers typically utilize bicycles and other microtransit, and that there are “built-in” health and welfare safeguards for the occupants and the surrounding community given the inclusion of a site manager. It is the belief of the Commission that this project should be allowed to proceed to help meet the continuing demand for labor by the local hospitality industry. The application was reviewed by the Police Crime Prevention Office and the Police Resort Liaisons and they provided feedback regarding site lighting, access, ongoing inspections, security cameras, personal storage, and bicycle parking and storage. Conditions 3 through 7 have been recommended to address their comments. Staff is supportive of the proposal as it will provide housing for a year-round workforce while maintaining compatibility with the established character of the Oceanfront Resort Area. Based on the conclusion that the proposed use will satisfy the standards above to the greatest extent possible, that the proposed use is supported by the RASAP 2030, that the project is limited to 86 J-1 Visa occupants, that the Joint Review Process Group found the proposal to be consistent with the recommendations of the AICUZ, and that the Resort Advisory Commission believes that this project satisfies the need for temporary labor housing in the Resort Area, Staff recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code, subject to the conditions below. Recommended Conditions 1. The interior renovations for the J-1 Visa Dormitory Housing shall be in substantial conformance to the submitted plan, entitled “25th Street SJ1 Student Housing”, prepared by T3 Architects, and dated October 19, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Any changes to the plan required by the Building Code, Fire Marshal, or any other governing body are acceptable to the extent that they do not result in a greater occupancy than the 86 beds presented in the original plan. 2. The J-1 Visa Dormitory shall be limited to a maximum of 86 occupants. The occupants of this dormitory must also be enrolled in the J-1 Visa Exchange Visitor Program for the extent of time they are inhabiting the dormitory. The dormitory may not be utilized for any other purpose than housing J-1 Visa workers. 3. A lighting plan which indicates LED light fixtures on all exterior walls of the structure must be approved prior to issuance of a Certificate of Occupancy for the J-1 Visa Dormitory Housing use. These LED light fixtures must be always maintained and provide illumination of the exterior of the structure, including all entrances of the building, all fire exits on the building, and the alleyway (25th ½ Street). 4. A means of emergency access shall be provided to the Virginia Beach Police Department for the J-1 Visa Dormitory Housing prior to the issuance of a Certificate of Occupancy for the use. The applicant and/or site manager shall meet any access requirements as determined by the Police Crime Prevention Office. 5. All entryways, lobbies, and fire exits to and from the J-1 Visa Dormitory Housing shall be monitored by a functioning security camera system which the Virginia Beach Police Department can access. A plan indicating the location of these cameras shall be approved prior to the issuance of a Certificate of Occupancy for the J-1 Visa Dormitory Housing Use. 6. A secure, lockable wardrobe, footlocker, or other administratively approved container shall be provided per bed for the occupants of the J-1 Visa Dormitory Housing. Sunsations Realty, LLC Agenda Item 8 PacketPage Pg. 5293  6.K.a 7. A plan which provides bicycle parking for no less than 40 bikes, either in the form of a bicycle rack(s) or other indoor, secured storage area, is required to be approved prior to the issuance of the Certificate of Occupancy for the J-1 Visa Dormitory Housing use. This bicycle parking must may be provided within the limits of private property and not or within the right-of-way. Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This project falls within the Resort Area SGA and the Short Term Rental Overlay. Based on the guidelines set in the Resort Area Strategic Action Plan (RASAP), J-1 Housing is needed and welcomed in the Resort Area as the SGA is striving to achieve a goal of being a year-round resort. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • The applicant’s representative met with the Joint Review Process Group on December 12, 2023 to discuss the details of the request. A letter of approval was provided to Staff by the Joint Review Process Group as a result of this meeting. • As required by the Zoning Ordinance, the public notice signs were placed on the property on January 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 31, 2024 and February 7, 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 January 29, 2024. • 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 February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 2024. Sunsations Realty, LLC Agenda Item 8 PacketPage Pg. 6294  6.K.a • 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 March 4, 2024. Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative • 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 March 15, 2024. Sunsations Realty, LLC Agenda Item 8 PacketPage Pg. 7295  Proposed Floor Plan Sunsations Realty, LLC Agenda Item 8 PacketPage Pg. 8296 6.K.a Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative  Disclosure Statement Sunsations Realty, LLC Agenda Item 8 PacketPage Pg. 9297 6.K.a Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative  Disclosure Statement Sunsations Realty, LLC Agenda Item 8 Page Packet Pg.10298 6.K.a Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative  X Disclosure Statement 3/4/2024 Garek Hall Hannigan Sunsations Realty, LLC Agenda Item 8 Page Packet Pg.11299 6.K.a Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative  6.K.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative 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. Sunsations Realty, LLC Agenda Item 8 Page Packet Pg.12300  6.K.a OR OR Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & S t reet H alf OR OR 25th Atlan e venu tic A OR OR OR S t reet 25th OR Site Property_Polygons Zoning Sunsations Realty, LLC 2500 Atlantic Avenue µ Feet 0 510 20 30 40 50 60 Building Packet Pg. 301  6.K.a Virginia Beach Planning Commission February 14, 2024, Public Meeting Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative Agenda Item # 8 Sunsations Realty, LLC RECOMMENDED FOR APPROVAL Mr. Alcaraz: Thank you. Next item for us to hear is item number eight. Please come forward and state your name. Mr. Korte: Good afternoon. My name's Kyle Korte. I'm a lawyer with Wolcott Rivers in Virginia Beach. I represent the applicant on item number eight, which is the alternate compliance to allow J-1 housing of temporary workers. I understand there are some questions. I can go through the report and what we've done or I can just take the questions immediately, whatever the preference is. Mr. Alcaraz: Are there any questions for Mr. Korte, Ms. Hippen? Ms. Hippen: I have a couple. My concern was making sure that each person has enough personal space during the informal. We were told that this will hold 86 people, they are only here for four to five months, is that correct? Mr. Korte: Yes, ma'am. Ms. Hippen: But a J-1 Visa does allow you to stay longer? Mr. Korte: And they'll be permitted to stay as long as they're here on a J-1 Visa, they'll be permitted to stay in the property. So we anticipate the four to five months or the timeframe you specified, but if they're ended up permitted to stay longer, we don't take them out of the space as long as they're here on the J-1 Visa, they're permitted to stay. Ms. Hippen: Okay and do you have someone monitoring that space on a 24-hour basis and where are they? Mr. Korte: There will be an on-site manager 24/7. They do not live on-site. It'll be a desk and they'll have a location for the manager that'll be on that second floor where all the bedrooms are. The exact plan hasn't been thought-out as far as layout and everything. Still, we're working through that, but there will be an on-site manager 24 hours a day. Packet Pg. 302  6.K.a Ms. Hippen: Okay. Alright. Let me see. Those were the questions that I had. Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative Mr. Alcaraz: Just to be clear, so they're on duty, they're not there to stay and sleep. They're actually on a time. Mr. Korte: Yes sir. That's correct. They'll be there working. They won't sleep there, but yeah, it'll be 24/7. There'll be a desk kind of like a hotel lobby type reception situation. Mr. Alcaraz: Great. Thanks. Any other questions? Mrs. Estaris? Ms. Estaris: Yes I understand that there were some presentations. There were Resort Advisory Commission and some subcommittees and also the Resort Investment Committee. Were you present at those meetings? Mr. Korte: Yes, ma'am. I was present at all three. Ms. Estaris: All three, and I understand there were some opposition at those meetings of this project. Can you share some of that opposition as to what were the concerns at that time? Mr. Korte: I mean, maybe I'm always optimistic. I wouldn't characterize anything we felt as opposition. There were certain requests and concerns that were raised. One of the concerns was safety as far as access to the property, and if you look the plan or how the property works, there's only one access point up and that'll be controlled by a key fob, with a video camera that the police will have access to, and then there's three exits counting that, entry exit. There's three ways out. The other two ways out are on the outside, there's no hardware for the doors, so you can only exit out, not in. So that was one concern that was raised. Another concern that was raised was a location kind of a locker type storage area where the residents could store valuables, whether it's a laptop or money or whatever, and there is going to be a lock type area for each resident to have their own private lock space. There was a concern about a lot of times these residents, obviously, there's no parking associated with this plan because they don't bring vehicles with them when they come over, but they use bicycles for transportation, and a concern was where would they store their bicycles? And so you saw that, I believe, addressed and item number eight, that we've, that's been modified somewhat and that because the building goes all the way up to the property Packet Pg. 303  6.K.a line, there's no room on site to allow for a bike path or a bike, I'm sorry, a bike rack. So the modification that was requested is that the bike rack be Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative located nearby, you know, wherever the city deems as appropriate. And then the applicant will reimburse the city for the cost of installing that bike rack. I don't recall any other concerns, but I mean if there were some and you know what they are, I'm happy to address them, but I don't recall anything other than that. Ms. Estaris: Okay. So one of the concerns that I had was knowing that a lot of the J-1 applicants as to where they work from that actual location having an appropriate transportation and to have the appropriate space and with the plans of having 86 potential and not having 86 potential bike spaces, how do you see that to be addressed specifically for safety and also that this is also people coming in and we want to make sure they're appropriately provided the housing as well as the transportation to go back and forth to homes -- to work and noting also some of these J-1s are not specifically just an oceanfront, but it could be all the way around to say, Shore Drive. How do you see that transportation issue being addressed? Mr. Korte: Well, the -- I guess principally the transportation issue is, this is centrally located in that area, you know, it's the 25th street block of the Oceanfront, which is centrally located on the businesses that traditionally rely on these workers. If and I'm not challenging you, we didn't contemplate in making this application, workers outside of the Oceanfront area. This was deemed a need for the workers of the Oceanfront area that are finding space, you know, independence or off bird neck, you know, they're far and far away from their locations. So, I would take the position that if there is a J-1 worker on Shore Drive, this might not be the best location for them to house. I think there'd probably be a location that would be more appropriate, closer to that, closer to their place of employment. The idea behind this application is that it's centrally located at the Oceanfront area and you know, easy for a lot of these residents or workers or however you want to characterize them, whether they're residents or workers to get to their location or to get home as a resident and that was the idea there. Ms. Estaris: Well, I've had many conversations in this particular arena, and knowing that we lack housing just in general, I know that by setting this plan, you set the precedence for others to be doing the same thing. So I want to make sure that we are taking those things in consideration in the planning, but again, I don't feel comfortable that if you are having up to 86 people and not having Packet Pg. 304  6.K.a the appropriate space for their actual vehicles or their bikes and you're right, most of them are bikes, but I do, and I'm aware that some J-1s do have Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative cars. So that -- what is the plan for making sure that if it's at full occupancy at 86, how do you see the parking available for those 86 individuals? That's the concern I have. Mr. CKrte: I understand and my response would be if, you know, the need for the J-1 housing is there and there is not parking available on this site. If you look at the survey for the property, it's a zero-foot setback. It goes all the way to the border or to the property line. So if it is a J-1 worker or resident that has a vehicle, this might not be the appropriate location for them. This plan is for -- are designed for workers that are working at the Oceanfront that do not require a vehicle to go to and from their place of employment and it might not be the exact fit for everyone, and we're not trying to make the exact fit for everybody. The need has been identified and to your point, this is the, you know, it's a lot easier to follow someone else doing it versus being the first, but the idea was that this is a starting point that we think or my client thinks, the applicant thinks will satisfy the need for a lot of these, these folks that come over here and are forced to live 10, 15, 20 miles from their place of employment. Ms. Estaris: I agree. I mean, this has been an issue just generally for the City of Virginia Beach in regards to J-1s and ongoing Workforce Development Programs. Again, I'm just concerned with the safety and the security of those who are going to be staying there and when you're saying occupancy is going to be 86, I know there's gonna be a wait list of people that will want to, if this is the only location in that area, and you're right, it's very central, but again, I am concerned about the safety and the parking issue of their vehicles or their bikes and most of them are bikes and they, I know that when J-1s leave, they sell their bikes to the next set of groups. So the bike is a thing, but if you only have parking, if you look at the map that was actually provided to us, and then I have the idea that ride of access, I just don't see where the appropriate parking of even just saying bikes and if you have that at full occupancy and how to address that issue or even possible shuttles for taking people back and forth to the workplace. I believe that this is a very important for the way that we present this project, this plan, because others will want to follow through because this is an issue way for many years, and I've been in many discussion groups about this issue, so that's why I am very adamant about making sure that when we set this as a precedent, so we set it correctly from the get-go. Again, I think that we have to take Packet Pg. 305  6.K.a consideration that those who are even weather conditions and how people going back and forth to their workplace, maybe that wasn't a consideration Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative when making this plan, but I think we do need to take that in consideration when we're bringing people in. We're supposed to house them and we want to be respected that we have such a great program. I know that we have reviewed other locations with J-1s specifically in the tourism sectors in the Southeastern area as far as from North Carolina, Maryland, and looking at other tourism and how they provide appropriate housing. I want to know that when we set this as a very first project for housing, that we're also taking those things in consideration that, oh my gosh, you've got to go to Virginia Beach because they do take care of their people. I want to know that we're taking care of our people that we're bringing here and helping support our tourism sector. So again, my issue is the bicycles and their lack of parking, I feel for 86 people and how we addressing that? Mr. Korte: I guess the security aspect first, and I believe it's addressed in the report, but one of aside from the security cameras and the entry, fob type system, the applicant is going to meet with the police, during the construction process and make sure we get feedback from the police as far as lighting and the different factors that they identify that this property will need to keep these residents safe because that is a top priority of the applicant as well. I mean, this, you know, they're, you know, putting the reputation on the line here as well, and they want this to be a class A project that is, you know, support and that we'd all be proud of. So they've, you know, they've taken the time to address as many of the concerns as they can, that they can think of, but they are seeking input from folks like at the police department that'll meet with them and help them address and get down to a granular level as far as what'll be required. As far as parking of automobiles, this site just is not, it is not suitable for that. I mean, if that is, if there is a resident that has a vehicle, this is not the right site for them. As far as the bike, a number of 40, their understanding or my -- the applicant's understanding is that several of the folks they will have bikes, but several walk just based on the proximity of everything. Proximity to the Harris Teeter Grocery Store, proximity to their place of employment, a lot of these, a lot of them do have bikes. If 40 is not the right number and there's a different number, that's the right number. I don't think that'll be a sticking point for the applicant. If the bike rack needs to be larger to suit additional bikes, that's certainly not a sticking point for this applicant. I mean, if they need to have more availability for more bicycles, they'll do that. Packet Pg. 306  6.K.a Mr. Alcaraz: Are you done Ms. Estaris? Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative Ms. Estaris: Yes. Mr. Corte: Thank you. Mr. Alcaraz: Any other questions? Mr. Anderson: I got one question, sir. Mr. Alcaraz: Mr. Anderson. Mr. Anderson: On your layout of the beds, what about the privacy of the students? Is there going to be a temporary wall by the bed? Is it going to be a curtain? I know it's, the details haven't been drawn up yet to that detail, but I'm, you know, looking at their privacy, while they're sleeping, during getting changed, that kind of thing? Mr. Korte: Right now the plan is to have in each room that has, I think, six to eight beds depending on the room. It'll be curtains between the various beds. Mr. Anderson: Okay. We just couldn't see it on this drawing? Mr. Korte: No, absolutely. No. Good question and that's what's contemplated at this point. Mr. Anderson: Okay. Mr. Korte: Thank you. Mr. Alcaraz: Any other questions? I got one for staff. Mr. Mauch. I got a question. Isn't there a four story J-1 at 19th or 20th Mr. Mauch, is there one? Mr. Mauch: To my knowledge that's the 19th Street Hotel, and I believe it's owned by the same applicant. I believe they use that hotel as or have used as similar style, but that would be a question for them hopefully. Mr. Alcaraz: But staff didn't we have a use come in, a use permit for that some time ago? Ms. Estaris: It was hotel though, right? Packet Pg. 307  6.K.a Ms. Alcock: Yeah. We'll have to look into that. Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative Mr. Alcaraz: I think we did right there at 19th and 20th, corner of 19th and 20th. So I'm just saying there's one that's already existed. If I'm, my memory serves me right. I think it's four stories. Okay, Ms. Hippen? Ms. Hippen: Let me go back to the privacy thing. That was the other thing that we talked about quite a bit. So I'm a retired Navy master chief, so I've served on ships. Just keep paying your taxes for my retirement. Thank you. That was the other concern that I had because there's eight beds in all of these rooms except for one, one has six. How do you, you said there's curtains between the beds? Mr. Korte: Yes, ma'am. The design, at this point, the design contemplates there being like pull curtains that'll pardon off or carton off the different beds. Yes, ma'am. Ms. Hippen: Okay. Because what I see is people working different shifts coming and going at different times of the day and night and how that will affect each person's living space? I guess that's the question. Mr. Korte: Well, I would agree that that's a concern and I think that is a concern whether, you know, in my college experience, whether you have two, four or eight people in a single room, you're dealing with folks that are going to have to learn to live together and be courteous and be respectful and I'm, you know, there is a risk for if you have one disruptive person or one person that elects not to be courteous. That's in that room, that could present an issue and that would be an issue that the on staff or on-site manager, I think would have to address if folks aren't being, you know, good courteous roommates. I mean, that's why we have, I characterize it at one of the meetings. It's kind of an RA type situation and it's not going to be a RA, but that's the best, in my head, that's the best comparison I could draw, and that's their role. Their role is to maintain the safety of these residents, but also to help negotiate situations like the one you're describing. Ms. Hippen: Okay, based on the picture, I'm trying to figure out where that staff person will be? Because the picture that we have is kind of hard to see even if I blow it up, where's that picture, where's that person going to be? Packet Pg. 308  6.K.a Mr. Korte: I don't think it's been confirmed, like this plan isn't written in stone as far as the actual layout, I mean, that's something that's still going to be developed Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative and discussions with the city to get the certificate of occupancy and also with the police. As far as how is this, what's the best way to structure this? This was a depiction showing that there could be 86 beds that would still far exceed the square footage requirement as far as per bed under the code. So this is a conceptual plan. Ms. Hippen: Okay. Thank you. Mr. Korte: Yes, ma'am. Mr. Alcaraz: Alright, any other questions for Mr. Corte? Mr. Mauch? Mr. Mauch: I don't think I have a question as much as maybe a comment or two. Mr. Alcaraz: You want to save it for discussions? Mr. Mauch: Yeah, that'd be wonderful. Mr. Alcaraz: Alright, if you can be seated, I'm going to just ask, is there any objections or any virtual, no speakers. Okay. Now we'll close it for discussion. Mr. Mauch. Mr. Mauch: Sure. Thanks. I think, you know, reviewing this and having seen the presentation a couple of times, looking at this specific site, I know that the concerns raised are getting it right and I believe that that is something that we want to make sure we're doing. I do think that every application, if other applications are going to come, are also going to have their own nuances. So I believe that looking at this, this is probably killing two birds with one stone with an appropriate use for the upstairs that typically down there does not get used as well as the downstairs does and housing these J-1 students in a safe manner, you know, with the bicycle racks that are being proposed to add with what the city currently has out. I mean, we can see one right here on this corner and then I know that there's a couple of more right around the on the Ben and Jerry's side over there. You know, even if there were to be the will that we would want to add a few more bike racks or spaces for bikes, you know, I think this is about as appropriate of a use for, you know, helping both issues that this Oceanfront and the hospitality Packet Pg. 309  6.K.a industry has down there. I think that I'm inclined to support this and make sure that we're getting this right for future things too. Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative Mr. Alcaraz: Alright. Thank you. Any other comments? If not, I'd like a motion. Mr. Mauch: I will have a motion to approve. Mr. Alcaraz: I have a motion by Mr. Mauch. Ms. Alcock: Chairman, can I just specify one thing? I think the representative did make a comment about a modification to condition seven to allow bike racks to be installed in the right-of-way. So just if you're amenable to that change, that would need to be part of the motion if you are amending what is recommended in the staff-- Mr. Mauch: Approved with the amended condition as stated. Mr. Alcaraz: With the number. Was there a number? We are good with the number? Mr. Mauch: I'm fine with the number. Mr. Alcaraz: Okay. We're good with the number. Alright. I have a motion with amendment. Do I have a second? Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston, is there any abstaining? Anybody abstaining? Mr. Plumlee: I need to abstain from this matter. For the reasons set forth in a letter on file with the city. Mr. Alcaraz: Thank you. Ms. Alcock: The vote is now open. By a vote of 10 to 0 with one abstention, item number eight has been recommended for approval. Packet Pg. 310  6.K.a AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee ABS CONDITIONS 1. The interior renovations for the J-1 Visa Dormitory Housing shall be in substantial conformance to the submitted plan, entitled “25th Street SJ1 Student Housing”, prepared by T3 Architects, and dated October 19, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Any changes to the plan required by the Building Code, Fire Marshal, or any other governing body are acceptable to the extent that they do not result in a greater occupancy than the 86 beds presented in the original plan. 2. The J-1 Visa Dormitory shall be limited to a maximum of 86 occupants. The occupants of this dormitory must also be enrolled in the J-1 Visa Exchange Visitor Program for the extent of time they are inhabiting the dormitory. The dormitory may not be utilized for any other purpose than housing J-1 Visa workers. 3. A lighting plan which indicates LED light fixtures on all exterior walls of the structure must be approved prior to issuance of a Certificate of Occupancy for the J-1 Visa Dormitory Housing use. These LED light fixtures must be always maintained and provide illumination of the exterior of the structure, including all entrances of the building, all fire exits on the building, and the alleyway (25th ½ Street). 4. A means of emergency access shall be provided to the Virginia Beach Police Department for the J-1 Visa Dormitory Housing prior to the issuance of a Certificate of Occupancy for the use. The applicant and/or site manager shall meet any access requirements as determined by the Police Crime Prevention Office. 5. All entryways, lobbies, and fire exits to and from the J-1 Visa Dormitory Housing shall be monitored by a functioning security camera system which the Virginia Beach Police Department can access. A plan indicating the location of these cameras shall be approved prior to the issuance of a Certificate of Occupancy for the J-1 Visa Dormitory Housing Use. 6. A secure, lockable wardrobe, footlocker, or other administratively approved container shall be provided per bed for the occupants of the J-1 Visa Dormitory Housing. Packet Pg. 311  6.K.a 7. A plan which provides bicycle parking for no less than 40 bikes, either in the form of a bicycle rack(s) or other indoor, secured storage area, is required to be approved prior to the Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative issuance of the Certificate of Occupancy for the J-1 Visa Dormitory Housing use. This bicycle parking must may be provided within the limits of private property and not or within the right-of-way. Packet Pg. 312  6.K.a Packet Pg. 313 Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative  6.K.a Resort Advisory Commission Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative February 2, 2024 The Honorable Robert M. “Bobby” Dyer Members of City Council Municipal Center – Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Subject: Leter of Support for J-1 Alterna�ve Compliance Dormitory Housing Mayor and Members of City Council: The Resort Advisory Commission supports the applica�on for alterna�ve compliance for the construc�on of J-1 Visa student dormitory style housing located at 2500 Atlan�c Avenue. The legal and design professionals overseeing this project for the property owner presented the project details to several commitees of the Resort Advisory Commission (RAC) including the full RAC membership during the February 1, 2024, mee�ng. The RAC membership believes there is demand for this type of housing to support the interna�onal students working in the local hospitality industry under the Federal J-1 Visa program and supports the project as presented. Highlights include: - Only used to support housing for the J-1 program. - Capacity for J-1 students for mul�ple businesses. - Not adversely affect parking. Students use bicycles and other microtransit. - Built-in health and welfare safeguards for the occupants and surrounding community. It is the belief of this Commission that this project should be allowed to proceed to help meet the con�nuing demand for labor by the local hospitality industry. Please contact me either by phone (757) 335-1233 or email: bj@rockafellers.com should you wish to discuss further or collect addi�onal informa�on. Sincerely, Elizabeth “BJ” Baumann Chairperson, Resort Advisory Commission Packet Pg. 314  6.K.a Resort Advisory Commission Attachment: 01_ARF_Sunsations Realty, LLC (COMBINED) (3757 : Sunsations Realty, LLC (Applicant & Property Owner) Alternative cc: Patrick Duhaney, City Manager Kathy Warren, Director, Planning Department Nancy Helman, Director, Convention and Visitors Bureau Department Lisa S. Bleakley, Resort Administrator, Resort Management Office 600 22nd Street, 2nd Floor, Virginia Beach, VA 23451 Phone (757) 385-4800 | Fax (757) 422-3666 | Website: www.visitvirginiabeach.com Packet Pg. 315  DAOLIN DONG & JIAYIN WANG / CHARLES B. HAYES & STRAWBRIDGE COMMONS CONDOMINIUM ASSOCIATION FOR A MODIFICATION OF PROFFERS TO A CONDITIONAL CHANGE OF ZONING RE ALLOW RETAIL SALES AND EATING AND DRINKING ESTABLISHMENT AT 2180 MCCOMAS WAY,SUITE 111 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. 316  6.K.a Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes & CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAOLIN DONG & JIAYIN WANG [Applicant] CHARLES B HAYES & STRAWBRIDGE COMMONS CONDOMINIUM ASSOCIATION [PROPERTY OWNERS] Modification of Proffers to a Conditional Rezoning for the property located at 2180 McComas Way, Suite 111 (GPIN 24049774940111). COUNCIL DISTRICT 5 MEETING DATE: March 19, 2024  Background: The applicant is seeking to amend the proffers associated with the 1993 Conditional Rezoning and 2009 Modification of Proffers, in order to offer music lessons for violins and other string instruments, and general sales and repair of musical instruments, within the existing suite. Additionally, they intend to operate a small café on site that will serve coffee, tea, non-alcoholic beverages, and food items. As currently proffered, the only uses permitted on site would be an indoor skate park or those uses that are permitted in both the O-2 and B-2 Districts. The applicant is intending to modify this proffers, solely for Suite 111, to allow the uses specified above as well as those uses that are permitted either by-right or through a Conditional Use Permit in both the O-2 and B-2 Districts. The proposed operation will operate 9:00 am to 5:00 pm, Monday to Friday with two employees proposed.  Considerations: In Staff’s opinion, the request is acceptable with the proffers submitted by the applicant. This complementary non-residential use will not have an adverse effect on traffic nor will it negatively impact the surrounding areas. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report.  Recommendation: On February 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. The applicants are proposing to amend the 2009 Modified Proffers to say: Packet Pg. 317  6.K.a Daolin Dong & Jiayin Wang Page 2 of 2 Proffer 1: Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes & Proffer numbered 8 in the 1993 original proffer agreement and proffer numbered 1 in the 2009 Modified Proffer Agreement are hereby amended to read as follows: The B-2 Business District uses available to Unit 111 shall be as follows: i. The retail sale of violins, violin components, and other musical instruments ii. The repair of violins and other musical instruments iii. The provision of violin lessons and other string instruments iv. The sale to customers of tea, coffee, and nonalcoholic drinks and food items v. Uses permitted and conditioned in O-2 Office District Zoning, which are also uses permitted and conditioned in the B-2 District. Proffer 2: Except as modified, herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original 1993 Proffers (Deed Book 3297 Page 65) and amended 2009 Proffers (Recorded Instrument # 20090313000264880) are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through, the Grantor.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 318  6.K.a Applicant & Property Owner Virginia Wesleyan University Agenda Item 4 Planning Commission Public Hearing February 14, 2024 City Council District 4 Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes & Request Conditional Use Permit (Museum) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 5817 Wesleyan Drive GPIN 1468032646 Site Size 227 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District University / R-15 Residential Surrounding Land Uses and Zoning Districts North Wesleyan Drive Multi-family dwellings / A-24 Apartment South City of Norfolk East Baker Road Multi-family dwellings, church, retail / A-12 Apartment, A-18 Apartment, R-10 Residential, B-2 Community Business West City of Norfolk Virginia Wesleyan University Agenda Item 4 PacketPage Pg. 1 319  6.K.a Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to construct a Museum on a portion of this 227-acre R-15 Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes & Residential District zoned parcel, which is the home of Virginia Wesleyan University. • The museum, Virginia Museum of Cultural Arts (VMOCA), will be constructed on the western portion of the site between the Susan S. Goode Performing Arts Center and the President’s House along the main campus road (Smith Drive). • The proposed two-story building will have a total floor area of approximately 36,000 square feet with a building height not to exceed 41 feet. Deviation to exceed the maximum building height of 35 feet on property zoned R-15 Residential is requested. • As depicted on the submitted building elevations, the façade will have a neutral color palette with brick veneer, precast concrete wall panels, metal panels, a glazed storefront, and glass. • The VMOCA building will include gallery and education spaces, offices, event and gathering spaces, as well as spaces for security. • In addition to the daily operations of the museum, outdoor educational and fundraising events with food and beverage services are proposed to include community days, live music, and film events. Up to eight events per year are proposed. • Events will be connected to the other exhibitions on-site to encourage attendees to view and tour the galleries, thus enhancing the public’s access to art. • The typical hours of operation for the museum will be 7:00 a.m. to 5:30 p.m., Monday through Friday, and 10:00 a.m. to 4:00 p.m., Saturday through Sunday. Other special events, as described above, will vary between the hours of 8:00 a.m. and 11:00 p.m., Monday through Sunday. • 161 parking spaces are required for both the performing arts center and the proposed museum. The Conceptual Site Plan depicts 166 parking spaces, exceeding the parking requirement by five spaces. • At this time, the applicant does not have a prepared sign package for the museum. All signage, however, will be required to meet the requirements of the Zoning Ordinance and will be subject to the review and approval of the Planning Director to ensure that all signage is complementary to the building and the general area, as noted in conditions 4 & 5. Virginia Wesleyan University Agenda Item 4 PacketPage Pg. 2 320  6.K.a Zoning History # Request 2 37 1 MDC (Communication Tower) Approved 06/21/2022 Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes & 2 CRZ (R-15 to Conditional A-24) Approved 09/05/2017 1 3 STC Approved 05/27/2014 MDC (Religious Use) Approved 05/27/2014 5 6 CUP (Church Addition) Approved 05/25/1993 CUP (Religious Use) Approved 05/21/1973 4 CRZ (B-2 to Conditional A-18) Approved 07/02/2013 8 CUP (Religious Use) Approved 06/23/2009 4 5 CUP (Church Addition) Approved 05/25/1993 CUP (Communication Tower) Approved 08/12/2008 CUP (Student Dormitories) Approved 02/27/2007 6 MDC Approved 08/28/2001 CUP (Religious Use) Approved 12/16/1997 7 SVR Approved 04/27/1999 8 CUP (Private School) Approved 02/22/1994 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation This request, for a Conditional Use Permit for a Museum is, in Staff’s opinion, acceptable. The location of the proposed museum is logical in terms of the overall layout of the university campus and will not be highly visible from adjacent properties to the east, west, and south, as adequate screening is provided. While the building will be visible to the north along Wesleyan Drive, it is well over 850 feet away from the public right-of-way. The proposed building will be constructed with high quality materials and the design is compatible with other structures on the Virginia Wesleyan University campus. In Staff’s opinion, a museum is an appropriate use and will further enhance the campus’s existing character, providing educational and cultural activity opportunities for students, nearby neighborhoods, and the general public to explore and view contemporary art from diverse perspectives. Furthermore, the proposed walkways throughout the site coupled with the proposed landscaping promotes connectivity and the environmental stewardship framework of the Comprehensive Plan. As stated previously, parking can easily be accommodated on site for both the Susan S. Goode Performing Arts Center and VMOCA. For larger VMOCA fundraising and cultural events, overflow parking will be provided by way of satellite parking on the Virginia Wesleyan University campus. Walking instructions to the museum from the designated satellite parking locations, as well as shuttle services will be provided to accommodate guests. The fundraising events proposed help ensure the continued success of the facility and the sustained opportunity to provide cultural opportunities to both residents and visitors to Virginia Beach. As the proposal is consistent with the existing campus development and compatible with nearby residential uses, Staff recommends approval with the conditions listed below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled “VMOCA at Virginia Wesleyan University, SHEET L1.0 – Landscape Site Plan”, prepared by TYMOFF+MOSS Virginia Wesleyan University Agenda Item 4 PacketPage Pg. 3 321  6.K.a Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in 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 location and plant material Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes & depicted on Conceptual Landscape Plans entitled “VMOCA at Virginia Wesleyan University, SHEET L2.0 – Landscape Plan” & “VMOCA at Virginia Wesleyan University, SHEET L4.0 – Planting Plan - Building”, prepared by TYMOFF+MOSS Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, color, and materials to the elevations depicted on pages 10 & 11 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. The maximum building height shall not exceed 41 feet in height. 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning and Community Development is required for all signage installed on the site. 5. The sign package to include all proposed signage associated with the museum shall be submitted to the Planning Director for review and approval prior to the issuance of a sign permit. 6. 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 from the Building Official’s Office prior to commencing operation. 7. 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. 8. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 9. The Virginia Museum of Cultural Arts (VMOCA) may be permitted to have up to eight (8) Special Events per calendar year. 10. Prior to each Special Event, the applicant shall contact the Special Events Office and all appropriate City agencies as required including the Fire Marshal Bureau, Police Department, Commissioner of Revenue, Department of Planning and Community Development - Zoning Division, and the Health Department. 11. All Special Events associated with the Virginia Museum of Contemporary Art (VMOCA) shall cease operation by 11:00 p.m. 12. During Special Events, no less than one trash receptacle per 1,000 square feet of area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 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. Virginia Wesleyan University Agenda Item 4 PacketPage Pg. 4 322  6.K.a The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes & 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. Overall, the proposal is consistent with the Comprehensive Plan’s recommendations for this area. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. The campus is a mix of mature wooded areas, open grassed areas, buildings, and parking lots associated with college campus learning and living. There are some nontidal wetlands in the vicinity of the project. If impacted, the necessary permits must be provided during final site plan review. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Wesleyan Drive 20,500 ADT1 32,700 ADT 1 (LOS 3 “D”) No Data Available 2 1 Average Daily Trips 2 No information available in the 3 LOS = Level of Service ITE Trip Generation Manual for Museums* *Although trip generation for a museum land use is not available, this land use does not generate significant traffic in the weekday morning or afternoon peak hours. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Wesleyan Drive, in this vicinity, is considered a four-lane divided minor urban arterial. No CIP projects are planned for this area. Public Utility Impacts Water The site connects to City water. There is an existing 24-inch City water transmission main along Wesleyan Drive and an existing 12-inch City water main along Baker Road. Sewer The site is being served by a private pump station and force main. Virginia Wesleyan University Agenda Item 4 PacketPage Pg. 5 323  6.K.a Public Outreach Information Planning Commission Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes & • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 31, 2024 and February 7, 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 January 29, 2024. • 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 February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 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 March 4, 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 March 15, 2024. Virginia Wesleyan University Agenda Item 4 PacketPage Pg. 6 324  Proposed Conceptual Site Layout Virginia Wesleyan University Agenda Item 4 PacketPage 325 Pg. 7 6.K.a Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes &  Proposed Conceptual Landscape Plan Virginia Wesleyan University Agenda Item 4 PacketPage 326 Pg. 8 6.K.a Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes &  Proposed Conceptual Building Planting Plan Virginia Wesleyan University Agenda Item 4 PacketPage 327 Pg. 9 6.K.a Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes &  Proposed Building Elevations Virginia Wesleyan University Agenda Item 4 Packet Page 328 Pg.10 6.K.a Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes &  Proposed Building Elevations Virginia Wesleyan University Agenda Item 4 Packet Page 329 Pg.11 6.K.a Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes &  Site Photos Virginia Wesleyan University Agenda Item 4 Packet Page 330 Pg.12 6.K.a Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes &  Site Photos Virginia Wesleyan University Agenda Item 4 Packet PagePg.1331 6.K.a Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes &  Disclosure Statement Virginia Wesleyan University Agenda Item 4 Packet Page 332 Pg.14 6.K.a Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes &  Disclosure Statement Virginia Wesleyan University Agenda Item 4 Packet Page 333 Pg.15 6.K.a Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes &  X Disclosure Statement 2/28/2024 Marchelle L. Coleman Virginia Wesleyan University Agenda Item 4 Packet Page 334 Pg.16 6.K.a Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes &  Disclosure Statement Virginia Wesleyan University Agenda Item 4 Packet Page 335 Pg.17 6.K.a Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes &  Disclosure Statement Virginia Wesleyan University Agenda Item 4 Packet Page 336 Pg.18 6.K.a Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes &  Disclosure Statement Virginia Wesleyan University Agenda Item 4 Packet Page 337 Pg.19 6.K.a Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes &  6.K.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes & 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. Virginia Wesleyan University Agenda Item 4 Page Packet Pg.20 338  A24 R15 R15 6.K.a R10 A24 R15 R15 R10 R10 R10 A12 R10 Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang A12 A12 A12 A12 A12 A12 A12 A12 A12 A12 A12 R10 A12 A12 R10 A12 R15 R15 R15 A12 A12 A12 A12 B2 B2 A18 A18 A18 A18 A18 B2 A18 B2 A18 A18 A12 A12 A18 A18 A18 A12 A12 A12 A18 A12 A12 B2 Site Property_Polygons Zoning Virginia Wesleyan University 5817 Wesleyan Drive µ Feet 0 150300 600 900 1,200 1,500 Packet 1,800 Pg. 339 Building  6.K.a Virginia Beach Planning Commission February 14, 2024, Public Meeting Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes & Agenda Item # 4 Virginia Wesleyan University RECOMMENDED FOR APPROVAL – CONSENT Ms. Cuellar: Thank you very much. Item number four, Virginia Wesleyan University. If the applicant could please come forward. Mr. Schnekser: Good afternoon, (Inaudible 18:17). Ms. Cuellar: Thank you. And are the conditions acceptable to you? Mr. Schnekser:: They are. Ms. Cuellar: Great. Is there any opposition to this item being placed on the consent agenda? Hearing none. I've asked Commissioner Byler to read this item into the record. Ms. Byler: The applicant is requesting a conditional use permit to construct a museum, which is part of the, which is in fact the Virginia Museum of Cultural Arts. It will be located on the campus of Virginia Wesleyan University that is of 227- acre parcel, currently zoned residential. Therefore, the conditional use permit. The staff has recommended a few conditions and those conditions are agreeable with the applicant. There being no opposition. It seems appropriate for the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen second it. Ms. Alcock: The vote is now open. Ms. Byler can I have your verbal really quickly? Packet Pg. 340  6.K.a Ms. Byler: Oh, never mind, went through. Thank you. Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes & Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled “VMOCA at Virginia Wesleyan University, SHEET L1.0 – Landscape Site Plan”, prepared by TYMOFF+MOSS Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in 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 location and plant material depicted on Conceptual Landscape Plans entitled “VMOCA at Virginia Wesleyan University, SHEET L2.0 – Landscape Plan” & “VMOCA at Virginia Wesleyan University, SHEET L4.0 – Planting Plan - Building”, prepared by TYMOFF+MOSS Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, color, and materials to the elevations depicted on pages 10 & 11 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. The maximum building height shall not exceed 41 feet in height. 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning and Community Development is required for all signage installed on the site. Packet Pg. 341  6.K.a 5. The sign package to include all proposed signage associated with the museum shall Attachment: 02_ARF_Daolin Dong and Jiayin Wang (COMBINED) (3758 : Daolin Dong & Jiayin Wang (Applicants) Charles B. Hayes & be submitted to the Planning Director for review and approval prior to the issuance of a sign permit. 6. 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 from the Building Official’s Office prior to commencing operation. 7. 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. 8. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 9. The Virginia Museum of Cultural Arts (VMOCA) may be permitted to have up to eight (8) Special Events per calendar year. 10. Prior to each Special Event, the applicant shall contact the Special Events Office and all appropriate City agencies as required including the Fire Marshal Bureau, Police Department, Commissioner of Revenue, Department of Planning and Community Development - Zoning Division, and the Health Department. 11. All Special Events associated with the Virginia Museum of Contemporary Art (VMOCA) shall cease operation by 11:00 p.m. 12. During Special Events, no less than one trash receptacle per 1,000 square feet of area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. Packet Pg. 342  VIRGINIA WESLEYAN UNIVERSITY FOR A CONDITIONAL USE PERMIT RE MUSEUM AT 5817 WESLEYAN DRIVE 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. 343  6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA WESLEYAN UNIVERSITY [Applicant & Property Owner] Conditional Use Permit (Museum) for the property located at 5817 Wesleyan Drive (GPIN 1468032646). COUNCIL DISTRICT 4 MEETING DATE: March 19, 2024  Background: The applicant is requesting a Conditional Use Permit to construct a Museum (Virginia Museum of Cultural Arts (VMOCA)), on the Virginia Wesleyan University campus between the Susan S. Goode Performing Arts Center and the President’s House. The proposed two-story building will be approximately 36,000 square feet with a building height not to exceed 41 feet. The VMOCA building will include a gallery, educational, office, security, and event/gathering spaces. Outdoor educational and fundraising events with food and beverage services are proposed to include community days, live music, and film events. Up to eight special events per year are proposed. Proposed hours of operation will be 7:00 a.m. to 5:30 p.m., Monday through Friday, and 10:00 a.m. to 4:00 p.m., Saturday through Sunday. Other special events, as described above, will vary between the hours of 8:00 a.m. and 11:00 p.m., Monday through Sunday. Required parking is met on site to accommodate both the performing arts center and the museum with satellite parking provided on campus for larger fundraising events.  Considerations: The proposed museum is an appropriate use on this property and will further enhance the campus’s existing character, providing educational and cultural activity opportunities for students, nearby neighborhoods, and the general public. A deviation to the building height was requested by the applicant, as the maximum building height in the R-15 Residential District is 35 feet. Overall, the height will not be detrimental to surrounding properties, as it is setback significantly from the public right-of-way and will be further buffered by existing vegetation on site. Planning Commission concurred with Staff’s recommendation to support the deviation request. The proposal is consistent with the existing campus development and compatible with nearby residential uses. 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 February 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Packet Pg. 344  6.K.a Virginia Wesleyan University Page 2 of 3 Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional 1. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled “VMOCA at Virginia Wesleyan University, SHEET L1.0 – Landscape Site Plan”, prepared by TYMOFF+MOSS Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in 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 location and plant material depicted on Conceptual Landscape Plans entitled “VMOCA at Virginia Wesleyan University, SHEET L2.0 – Landscape Plan” & “VMOCA at Virginia Wesleyan University, SHEET L4.0 – Planting Plan - Building”, prepared by TYMOFF+MOSS Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, color, and materials to the elevations depicted on pages 10 & 11 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. The maximum building height shall not exceed 41 feet in height. 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning and Community Development is required for all signage installed on the site. 5. The sign package to include all proposed signage associated with the museum shall be submitted to the Planning Director for review and approval prior to the issuance of a sign permit. 6. 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 from the Building Official’s Office prior to commencing operation. 7. 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. 8. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 9. The Virginia Museum of Cultural Arts (VMOCA) may be permitted to have up to eight (8) Special Events per calendar year. Packet Pg. 345  6.K.a Virginia Wesleyan University Page 3 of 3 Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional 10. Prior to each Special Event, the applicant shall contact the Special Events Office and all appropriate City agencies as required including the Fire Marshal Bureau, Police Department, Commissioner of Revenue, Department of Planning and Community Development - Zoning Division, and the Health Department. 11. All Special Events associated with the Virginia Museum of Contemporary Art (VMOCA) shall cease operation by 11:00 p.m. 12. During Special Events, no less than one trash receptacle per 1,000 square feet of area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate.  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. 346  6.K.a Applicant & Property Owner Virginia Wesleyan University Agenda Item 4 Planning Commission Public Hearing February 14, 2024 Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional City Council District 4 Request Conditional Use Permit (Museum) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 5817 Wesleyan Drive GPIN 1468032646 Site Size 227 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District University / R-15 Residential Surrounding Land Uses and Zoning Districts North Wesleyan Drive Multi-family dwellings / A-24 Apartment South City of Norfolk East Baker Road Multi-family dwellings, church, retail / A-12 Apartment, A-18 Apartment, R-10 Residential, B-2 Community Business West City of Norfolk Virginia Wesleyan University Agenda Item 4 PacketPage Pg. 1 347  6.K.a Background & Summary of Proposal Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional • The applicant is requesting a Conditional Use Permit to construct a Museum on a portion of this 227-acre R-15 Residential District zoned parcel, which is the home of Virginia Wesleyan University. • The museum, Virginia Museum of Cultural Arts (VMOCA), will be constructed on the western portion of the site between the Susan S. Goode Performing Arts Center and the President’s House along the main campus road (Smith Drive). • The proposed two-story building will have a total floor area of approximately 36,000 square feet with a building height not to exceed 41 feet. Deviation to exceed the maximum building height of 35 feet on property zoned R-15 Residential is requested. • As depicted on the submitted building elevations, the façade will have a neutral color palette with brick veneer, precast concrete wall panels, metal panels, a glazed storefront, and glass. • The VMOCA building will include gallery and education spaces, offices, event and gathering spaces, as well as spaces for security. • In addition to the daily operations of the museum, outdoor educational and fundraising events with food and beverage services are proposed to include community days, live music, and film events. Up to eight events per year are proposed. • Events will be connected to the other exhibitions on-site to encourage attendees to view and tour the galleries, thus enhancing the public’s access to art. • The typical hours of operation for the museum will be 7:00 a.m. to 5:30 p.m., Monday through Friday, and 10:00 a.m. to 4:00 p.m., Saturday through Sunday. Other special events, as described above, will vary between the hours of 8:00 a.m. and 11:00 p.m., Monday through Sunday. • 161 parking spaces are required for both the performing arts center and the proposed museum. The Conceptual Site Plan depicts 166 parking spaces, exceeding the parking requirement by five spaces. • At this time, the applicant does not have a prepared sign package for the museum. All signage, however, will be required to meet the requirements of the Zoning Ordinance and will be subject to the review and approval of the Planning Director to ensure that all signage is complementary to the building and the general area, as noted in conditions 4 & 5. Virginia Wesleyan University Agenda Item 4 PacketPage Pg. 2 348  6.K.a Zoning History Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional # Request 2 37 1 2 MDC (Communication Tower) Approved 06/21/2022 CRZ (R-15 to Conditional A-24) Approved 09/05/2017 1 3 STC Approved 05/27/2014 MDC (Religious Use) Approved 05/27/2014 5 6 CUP (Church Addition) Approved 05/25/1993 CUP (Religious Use) Approved 05/21/1973 4 CRZ (B-2 to Conditional A-18) Approved 07/02/2013 8 CUP (Religious Use) Approved 06/23/2009 4 5 CUP (Church Addition) Approved 05/25/1993 CUP (Communication Tower) Approved 08/12/2008 CUP (Student Dormitories) Approved 02/27/2007 6 MDC Approved 08/28/2001 CUP (Religious Use) Approved 12/16/1997 7 SVR Approved 04/27/1999 8 CUP (Private School) Approved 02/22/1994 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation This request, for a Conditional Use Permit for a Museum is, in Staff’s opinion, acceptable. The location of the proposed museum is logical in terms of the overall layout of the university campus and will not be highly visible from adjacent properties to the east, west, and south, as adequate screening is provided. While the building will be visible to the north along Wesleyan Drive, it is well over 850 feet away from the public right-of-way. The proposed building will be constructed with high quality materials and the design is compatible with other structures on the Virginia Wesleyan University campus. In Staff’s opinion, a museum is an appropriate use and will further enhance the campus’s existing character, providing educational and cultural activity opportunities for students, nearby neighborhoods, and the general public to explore and view contemporary art from diverse perspectives. Furthermore, the proposed walkways throughout the site coupled with the proposed landscaping promotes connectivity and the environmental stewardship framework of the Comprehensive Plan. As stated previously, parking can easily be accommodated on site for both the Susan S. Goode Performing Arts Center and VMOCA. For larger VMOCA fundraising and cultural events, overflow parking will be provided by way of satellite parking on the Virginia Wesleyan University campus. Walking instructions to the museum from the designated satellite parking locations, as well as shuttle services will be provided to accommodate guests. The fundraising events proposed help ensure the continued success of the facility and the sustained opportunity to provide cultural opportunities to both residents and visitors to Virginia Beach. As the proposal is consistent with the existing campus development and compatible with nearby residential uses, Staff recommends approval with the conditions listed below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled “VMOCA at Virginia Wesleyan University, SHEET L1.0 – Landscape Site Plan”, prepared by TYMOFF+MOSS Virginia Wesleyan University Agenda Item 4 PacketPage Pg. 3 349  6.K.a Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on Conceptual Landscape Plans entitled “VMOCA at Virginia Wesleyan University, SHEET L2.0 – Landscape Plan” & “VMOCA at Virginia Wesleyan University, SHEET L4.0 – Planting Plan - Building”, prepared by TYMOFF+MOSS Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, color, and materials to the elevations depicted on pages 10 & 11 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. The maximum building height shall not exceed 41 feet in height. 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning and Community Development is required for all signage installed on the site. 5. The sign package to include all proposed signage associated with the museum shall be submitted to the Planning Director for review and approval prior to the issuance of a sign permit. 6. 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 from the Building Official’s Office prior to commencing operation. 7. 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. 8. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 9. The Virginia Museum of Cultural Arts (VMOCA) may be permitted to have up to eight (8) Special Events per calendar year. 10. Prior to each Special Event, the applicant shall contact the Special Events Office and all appropriate City agencies as required including the Fire Marshal Bureau, Police Department, Commissioner of Revenue, Department of Planning and Community Development - Zoning Division, and the Health Department. 11. All Special Events associated with the Virginia Museum of Contemporary Art (VMOCA) shall cease operation by 11:00 p.m. 12. During Special Events, no less than one trash receptacle per 1,000 square feet of area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 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. Virginia Wesleyan University Agenda Item 4 PacketPage Pg. 4 350  6.K.a The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional pertain to this site. 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. Overall, the proposal is consistent with the Comprehensive Plan’s recommendations for this area. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. The campus is a mix of mature wooded areas, open grassed areas, buildings, and parking lots associated with college campus learning and living. There are some nontidal wetlands in the vicinity of the project. If impacted, the necessary permits must be provided during final site plan review. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Wesleyan Drive 20,500 ADT1 32,700 ADT 1 (LOS 3 “D”) No Data Available 2 1 Average Daily Trips 2 No information available in the 3 LOS = Level of Service ITE Trip Generation Manual for Museums* *Although trip generation for a museum land use is not available, this land use does not generate significant traffic in the weekday morning or afternoon peak hours. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Wesleyan Drive, in this vicinity, is considered a four-lane divided minor urban arterial. No CIP projects are planned for this area. Public Utility Impacts Water The site connects to City water. There is an existing 24-inch City water transmission main along Wesleyan Drive and an existing 12-inch City water main along Baker Road. Sewer The site is being served by a private pump station and force main. Virginia Wesleyan University Agenda Item 4 PacketPage Pg. 5 351  6.K.a Public Outreach Information Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 31, 2024 and February 7, 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 January 29, 2024. • 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 February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 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 March 4, 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 March 15, 2024. Virginia Wesleyan University Agenda Item 4 PacketPage Pg. 6 352  Proposed Conceptual Site Layout Virginia Wesleyan University Agenda Item 4 PacketPage 353 Pg. 7 6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional  Proposed Conceptual Landscape Plan Virginia Wesleyan University Agenda Item 4 PacketPage 354 Pg. 8 6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional  Proposed Conceptual Building Planting Plan Virginia Wesleyan University Agenda Item 4 PacketPage 355 Pg. 9 6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional  Proposed Building Elevations Virginia Wesleyan University Agenda Item 4 Packet Page 356 Pg.10 6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional  Proposed Building Elevations Virginia Wesleyan University Agenda Item 4 Packet Page 357 Pg.11 6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional  Site Photos Virginia Wesleyan University Agenda Item 4 Packet Page 358 Pg.12 6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional  Site Photos Virginia Wesleyan University Agenda Item 4 Packet PagePg.1359 6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional  Disclosure Statement Virginia Wesleyan University Agenda Item 4 Packet Page 360 Pg.14 6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional  Disclosure Statement Virginia Wesleyan University Agenda Item 4 Packet Page 361 Pg.15 6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional  X Disclosure Statement 2/28/2024 Marchelle L. Coleman Virginia Wesleyan University Agenda Item 4 Packet Page 362 Pg.16 6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional  Disclosure Statement Virginia Wesleyan University Agenda Item 4 Packet Page 363 Pg.17 6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional  Disclosure Statement Virginia Wesleyan University Agenda Item 4 Packet Page 364 Pg.18 6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional  Disclosure Statement Virginia Wesleyan University Agenda Item 4 Packet Page 365 Pg.19 6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional  6.K.a Next Steps Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional • 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. Virginia Wesleyan University Agenda Item 4 Page Packet Pg.20 366  A24 R15 R15 6.K.a R10 A24 R15 R15 R10 R10 R10 A12 R10 Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University A12 A12 A12 A12 A12 A12 A12 A12 A12 A12 A12 R10 A12 A12 R10 A12 R15 R15 R15 A12 A12 A12 A12 B2 B2 A18 A18 A18 A18 A18 B2 A18 B2 A18 A18 A12 A12 A18 A18 A18 A12 A12 A12 A18 A12 A12 B2 Site Property_Polygons Zoning Virginia Wesleyan University 5817 Wesleyan Drive µ Feet 0 150300 600 900 1,200 1,500 Packet 1,800 Pg. 367 Building  6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 4 Virginia Wesleyan University RECOMMENDED FOR APPROVAL – CONSENT Ms. Cuellar: Thank you very much. Item number four, Virginia Wesleyan University. If the applicant could please come forward. Mr. Schnekser: Good afternoon, (Inaudible 18:17). Ms. Cuellar: Thank you. And are the conditions acceptable to you? Mr. Schnekser:: They are. Ms. Cuellar: Great. Is there any opposition to this item being placed on the consent agenda? Hearing none. I've asked Commissioner Byler to read this item into the record. Ms. Byler: The applicant is requesting a conditional use permit to construct a museum, which is part of the, which is in fact the Virginia Museum of Cultural Arts. It will be located on the campus of Virginia Wesleyan University that is of 227- acre parcel, currently zoned residential. Therefore, the conditional use permit. The staff has recommended a few conditions and those conditions are agreeable with the applicant. There being no opposition. It seems appropriate for the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen second it. Ms. Alcock: The vote is now open. Ms. Byler can I have your verbal really quickly? Packet Pg. 368  6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional Ms. Byler: Oh, never mind, went through. Thank you. Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled “VMOCA at Virginia Wesleyan University, SHEET L1.0 – Landscape Site Plan”, prepared by TYMOFF+MOSS Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in 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 location and plant material depicted on Conceptual Landscape Plans entitled “VMOCA at Virginia Wesleyan University, SHEET L2.0 – Landscape Plan” & “VMOCA at Virginia Wesleyan University, SHEET L4.0 – Planting Plan - Building”, prepared by TYMOFF+MOSS Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, color, and materials to the elevations depicted on pages 10 & 11 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. The maximum building height shall not exceed 41 feet in height. 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning and Community Development is required for all signage installed on the site. Packet Pg. 369  6.K.a Attachment: 03_ARF_Virginia Wesleyan University (COMBINED) (3759 : Virginia Wesleyan University (Applicant & Property Owner) Conditional 5. The sign package to include all proposed signage associated with the museum shall be submitted to the Planning Director for review and approval prior to the issuance of a sign permit. 6. 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 from the Building Official’s Office prior to commencing operation. 7. 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. 8. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 9. The Virginia Museum of Cultural Arts (VMOCA) may be permitted to have up to eight (8) Special Events per calendar year. 10. Prior to each Special Event, the applicant shall contact the Special Events Office and all appropriate City agencies as required including the Fire Marshal Bureau, Police Department, Commissioner of Revenue, Department of Planning and Community Development - Zoning Division, and the Health Department. 11. All Special Events associated with the Virginia Museum of Contemporary Art (VMOCA) shall cease operation by 11:00 p.m. 12. During Special Events, no less than one trash receptacle per 1,000 square feet of area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. Packet Pg. 370  YURVIN JUAN MORALES LOPEZ / FREEDOM LAND INVESTMENT, LLC FOR A CONDITIONAL USE PERMIT RE OPEN AIR MARKET AT 5070 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. 371  6.K.a r Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: YURVIN JUAN MORALES LOPEZ [Applicant] FREEDOM LAND INVESTMENT, LLC [PROPERTY OWNER] Conditional Use Permit (Open Air Market) for the property located at 5070 Virginia Beach Boulevard (GPIN 1467960131 ). COUNCIL DISTRICT 4 MEETING DATE: March 19, 2024  Background: This is an application for a Conditional Use Permit for an Open-Air Market to operate a food truck in the parking lot of Freedom Outdoor Gun Range. This property is located along Virginia Beach Boulevard at the intersection of North Witchduck Road. The food truck will operate from 11:00 a.m. to 8:00 p.m., Monday through Saturday. Two employees are proposed. This site was approved for a Modification of Conditions in 2020 to allow for the construction of 3 additional retail buildings; these buildings have not been constructed to date. Due to the potential future construction, Staff has decided to not condition the location of the food truck on the site. A Board of Zoning Appeals variance was granted in 2021 to reduce the amount of required parking spaces on-site to 208 spaces; however, a total of 253 parking spaces exist today.  Considerations: The proposed use is, in Staff’s opinion, acceptable, as this is a largely commercial area and is proposed within the parking lot of an existing business. The applicant’s food truck currently operates on site with an active Peddler’s Permit, which is set to expire in March 2024. This permit allows them to operate at one location for a duration of 6 months, after which they cannot return to that location for another year. The applicant is seeking the Conditional Use Permit to remain at this location permanently. 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 February 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Packet Pg. 372  6.K.a Yurvin Juan Morales Lopez Page 2 of 2 Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC 1. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to one food truck. 2. All trash receptacles shall be emptied regularly as to not overflow, and litter and debris shall not be allowed to accumulate. 3. The food truck shall be stored onsite within the striped parking spaces of the existing business when the food truck is not in operation. The food truck shall not obstruct the drive aisle or fire lanes.  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. 373  6.K.a Applicant Yurvin Juan Morales Lopez Agenda Item 9 Property Owner Freedom Land Investment LLC Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC Planning Commission Public Hearing February 14, 2024 City Council District 4 Request Conditional Use Permit (Open-Air Market) Staff Recommendation Approval Staff Planner Michaela McKinney Location 5070 Virginia Beach Boulevard GPIN 1467960131 Site Size 5.14 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Retail, Indoor Recreation Facility / B-2 Community Business Surrounding Land Uses and Zoning Districts North Mixed retail / B-2 Community Business South Virginia Beach Boulevard Car Dealership / B-2 Community Business East Single-family dwellings / R-7.5 Residential West N. Witchduck Road Mixed retail / B-2 Community Business Yurvin Juan Morales Lopez Agenda Item 9 PacketPage Pg. 1 374  6.K.a Background & Summary of Proposal Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC • The applicant is requesting a Conditional Use Permit for an Open-Air Market for the operation of a food truck on a 5.14 acre parcel zoned B-2 Community Business District. • The food truck currently operates in the parking lot of the Freedom Outdoor Gun Range. The applicant has been issued a peddler permit to operate the food truck. The peddler permit is valid for a period of six months and is set to expire in March 2024. Since peddler permits can only be issued once in the same location per Section 33-6 of City Zoning Ordinance, the applicant is requesting a Conditional Use Permit to remain at the subject location. • The applicant’s food truck, Taqueria La Ceiba, is a standalone food truck that is located within the southwestern portion of the parcel, facing Virginia Beach Boulevard. The existing Indoor Recreation Facility requires 253 parking spaces and exceeds their current minimum requirement by 16 spaces with the food truck occupying 5 parking spaces. The site was approved for a Modification of Conditions in 2020 for three additional retail buildings that are not yet constructed. Upon the completion of these buildings, this site will be deficient in parking by 61 spaces. Following the Modification approval, a Board of Zoning Appeals variance was approved in January 2021 for a reduction in parking, allowing the site to operate with 208 spaces. Therefore, the parking requirements are met including the addition of the food truck onsite. • The food truck area will include a table and two chairs for patrons. The property owner and applicant have a lease agreement for the food truck to operate on-site for two years. At the conclusion of their two-year lease agreement, the applicant intends to seek renewal of the lease. • The typical hours of operation are 11:00 a.m. to 8:00 p.m., Monday through Saturday. Two employees are anticipated. When the food truck is not operating it will remain on site and closed. • This property is located within the Western Campus Overlay District which is an opt-in overlay district intended to be a low-rise academic district and service area. Since Open-Air markets are not a permitted use within the overlay district the applicant is choosing not to opt in to the District. Zoning History 6 # Request 1 MDC (Motor Vehicle Rentals) Approved 12/1/2020 MDC Approved 10/07/2014 CUP (Indoor Recreational Facility [Shooting Range]) Approved 06/25/2013 CUP (Motor Vehicle Repair) Approved 02/23/2010 5 1 2 3 STC & MDC Approved 09/15/2017 STC Approved 06/23/2009 STC Approved 05/23/2006 4 CUP (Automobile Sales & Services) Approved 10/13/1999 CUP (Automobile Sales & Services) Approved 09/28/1999 4 3 2 5 CUP (Automobile Repair & Service Establishment) Approved 11/10/1993 6 CUP (Motor Vehicle Rentals) Approved 06/09/1993 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 Yurvin Juan Morales Lopez Agenda Item 9 PacketPage Pg. 2 375  6.K.a Evaluation & Recommendation Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC The Conditional Use Permit request for an Open-Air Market to operate a food truck is, in Staff’s opinion, acceptable. The addition of a food truck to an existing business is in keeping with the policies and goals set forth in the Comprehensive Plan and its guiding principles to encourage a compatible mix of uses and an efficient use of land resources. The food truck is located at the corner of the main artery, Witchduck Road and Virginia Beach Boulevard, and is accessible to pedestrians in the corridor. A Modification of Conditions was approved in 2020 to allow the existing retail business, Freedom Outdoors, to construct three additional buildings onsite. Since one of the future buildings is proposed to be located along Virginia Beach Boulevard, staff has chosen not to condition the location of the food truck so it may be relocated when construction begins on-site. It is Staff’s opinion that the proposed food truck will not result in a significant increase in traffic in the parking lot as the use is consistent with the typical retail business uses. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to one food truck. 2. All trash receptacles shall be emptied regularly as to not overflow, and litter and debris shall not be allowed to accumulate. 3. The food truck shall be stored onsite within the striped parking spaces of the existing business when the food truck is not in operation. The food truck shall not obstruct the drive aisle or fire lanes. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site Is located within the Pembroke Strategic Growth Area within the Western Campus Overlay District. The addition of food trucks at Freedom Outdoors would be a compatible use that would increase economic development for local businesses and provide a new food service to not only Pembroke but the surrounding residential neighborhoods and would be supported by the Comprehensive Plan and Pembroke SGA Master Plan. Yurvin Juan Morales Lopez Agenda Item 9 PacketPage Pg. 3 376  6.K.a Natural & Cultural Resources Impacts Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC The site is located in the Chesapeake Bay Watershed. There are no known cultural or natural impacts. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 35,000 ADT1 74,000 ADT 1 (LOS 4 “D”) Existing Land Use 2 – 0 ADT Proposed Land Use 3 – No Data Available N Witchduck Road 24,200 ADT1 36,900 ADT 1 (LOS 4 “D”) 1 Average Daily Trips 2 as defined by a single food 3 4 No information available in the LOS = Level of Service truck ITE Trip Generation Manual for event venues 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 Master Transportation Plan (MTP) proposes a divided facility within an existing 150 foot right-of-way section. N Witchduck Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes an eight-lane facility within a 155 foot right-of-way. Public Utility Impacts Water & Sewer This 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 January 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 31, 2024 and February 7, 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 January 29, 2024. • 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 February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 2024. Yurvin Juan Morales Lopez Agenda Item 9 PacketPage Pg. 4 377  6.K.a • 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 March 4, 2024. Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC • 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 March 15, 2024. Yurvin Juan Morales Lopez Agenda Item 9 PacketPage Pg. 5 378  Proposed Site Layout Yurvin Juan Morales Lopez Agenda Item 9 PacketPage 379 Pg. 6 6.K.a Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC  Site Photos Yurvin Juan Morales Lopez Agenda Item 9 PacketPage 380 Pg. 7 6.K.a Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC  Disclosure Statement Yurvin Juan Morales Lopez Agenda Item 9 PacketPage 381 Pg. 8 6.K.a Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC  Disclosure Statement Yurvin Juan Morales Lopez Agenda Item 9 PacketPage 382 Pg. 9 6.K.a Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC  Disclosure Statement Yurvin Juan Morales Lopez Agenda Item 9 Packet Page 383 Pg.10 6.K.a Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC  Disclosure Statement Yurvin Juan Morales Lopez Agenda Item 9 Packet Page 384 Pg.11 6.K.a Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC  Disclosure Statement Yurvin Juan Morales Lopez Agenda Item 9 Packet Page 385 Pg.12 6.K.a Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC  Disclosure Statement Yurvin Juan Morales Lopez Agenda Item 9 Packet Page Pg.1386 6.K.a Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC  6.K.a Next Steps Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC • 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. Yurvin Juan Morales Lopez Agenda Item 9 Page Packet Pg.14 387  6.K.a R7.5 R7.5 ad R7.5 R7.5 ck R Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez o B2 B2 Witc hdu Southgate Avenue B2 B2 Vir R7.5 R7.5 gi n B2 ia B R7.5 R7.5 eac h Bo ule var d B2 B2 Broad Street A24 A24 B2 B2 B2 B2 µ Yurvin Juan Morales Lopez 5070 Virginia Beach Boulevard Site Property_Polygons Zoning Feet 0 30 60 120 180 240 Packet 300 Pg. 360388 Building  6.K.a Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 9 Yurvin Juan Morales Lopez RECOMMENDED FOR APPROVAL – CONSENT Ms. Cuellar: Thank you very much. Our next item on the consent agenda is item number nine. conditional use permit for an open-air market is Yurvin Juan Morales Lopez here to speak on this application. Hello. Mr. Lopez: Hello. Ms. Cuellar: Could you please state your name for the record? Mr. Lopez: Yes, my name is Yurvin Juan Morales Lopez. Ms. Cuellar: And are the conditions acceptable to you? Mr. Lopez: Yes. Ms. Cuellar: Okay. Thank you very much. You may be seated. Mr. Lopez: Thank you. Ms. Cuellar: Is 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 is requesting a conditional use permit at 5070 Virginia Beach Boulevard, which is part of the Freedom Outdoor Gun Range. The applicant has been issued a peddler permit to operate a food truck. The permit is valid for a period of six months and is set to expire in March of 2024. Since the peddler permits can only be issued once in the same location based on city ordinance, the applicant is requesting a conditional use permit to remain at the subject location. There was no opposition and the applicant is agreeable to conditions based on staff recommendations. Therefore, this has been placed on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Packet Pg. 389  6.K.a Attachment: 04_ARF_Yurvin Juan Morales Lopez (COMBINED) (3760 : Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen second it. Ms. Alcock: The vote is now open. Ms. Byler can I have your verbal really quickly? Ms. Byler: Oh, never mind, went through. Thank you. Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to one food truck. 2. All trash receptacles shall be emptied regularly as to not overflow, and litter and debris shall not be allowed to accumulate. 3. The food truck shall be stored onsite within the striped parking spaces of the existing business when the food truck is not in operation. The food truck shall not obstruct the drive aisle or fire lanes. Packet Pg. 390  GEORGE CUTULLE / GEORGE JOSEPH CUTULLE & VIVIENNE MARY CUTULLE FOR A CONDITIONAL USE PERMIT RE RESIDENTIAL KENNEL AT 2760 MULBERRY LOOP 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. 391  6.K.a Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GEORGE CUTULLE [Applicant] GEORGE JOSEPH CUTULLE & VIVIENNE MARY CUTULLE [Property Owners] Conditional Use Permit (Residential Kennel) for the property located at 2760 Mulberry Loop (GPIN 2405215708). COUNCIL DISTRICT 5 MEETING DATE: March 19, 2024  Background: The applicant and his wife own four dogs and frequently care for their daughter’s two dogs when she is on deployment, underway, or otherwise out of town. As the Zoning Ordinance only permits up to four dogs without a Conditional Use Permit, the applicant is requesting a Conditional Use Permit for a Residential Kennel to permit up to six adult dogs at this R-10 Residential property. All the dogs are current on their required vaccinations and the applicant has no open violations with Animal Control.  Considerations: Keeping dogs as pets is a compatible use in this area and aligns with the general goals of the Suburban Area as set forth in the Comprehensive Plan. The applicant’s request is reasonable to accommodate the frequent, though not constant, presence of six adult dogs. The dogs will not be kenneled outdoors, and the applicant’s rear yard is enclosed with a fence. 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 February 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 2. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 3. There shall be no breeding of dogs on the site. Packet Pg. 392  6.K.a George Cutulle Page 2 of 2 Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property 4. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. 5. No more than four (4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 6. There shall be no more than six (6) adult dogs on site.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (3 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 393  6.K.a Applicant George Cutulle Agenda Item 7 Property Owner George Joseph Cutulle & Vivenne Mary Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property Cutulle Planning Commission Public Hearing February 14, 2024 City Council District 5 Request Conditional Use Permit (Residential Kennel) Staff Recommendation Approval Staff Planner Elizabeth Nowak Location 2760 Mulberry Loop GPIN 2405215708 Site Size 8,120 square feet AICUZ 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling / R-10 Residential with PD-H2 Overlay Surrounding Land Uses and Zoning Districts North Stormwater pond / R-20 Residential South Mulberry Loop Single-family dwelling / R-10 Residential with PD-H2 Overlay East Single-family dwelling, cultivated field / R-10 Residential with PD-H2 Overlay West Single-family dwelling / R-10 Residential with PD-H2 Overlay George Cutulle Agenda Item 7 PacketPage Pg. 1 394  6.K.a Background & Summary of Proposal Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property • The applicant is requesting a Conditional Use Permit to operate a residential kennel at their residence at 2760 Mulberry Loop zoned R-10 Residential District. • The applicant, George Cutulle and his wife own four dogs and frequently care for their daughter’s two dogs. They are seeking a Conditional Use Permit to keep their daughter’s two dogs overnight for extended periods while she is deployed, underway, or out of town. • The rear yard is enclosed with a fence that has recently been reconfigured to enclose only the applicant’s property. • All dogs on the property, including the applicant’s daughter’s dogs, are current on all required vaccinations. • One call to Animal Control was made for this area in October 2023 that reported a dog chasing a teenager. The report identified the at-large dog to be a Great Dane. The applicant does not own a Great Dane, nor is one known to be associated with this property. • The property is located in the 70-75 dB DNL noise zone of the Air Installation Compatibility Use Zone (AICUZ). The Zoning Administrator determined that this use is permitted in this noise zone as it is an Animal Husbandry Service, a type of agricultural-related activity allowed in high-noise zones. Zoning History # Request 1 CUP (Family Day-Care Home) Approved 12/06/2016 2 CRZ (Athletic Club) Approved 01/14/1985 LUP (Taylor Farm) Approved 1 2 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation In Staff’s opinion, this request for a Conditional Use Permit for a residential kennel is acceptable. This property is located in the Suburban Area, as identified in the Comprehensive Plan, and is part of a residential subdivision that was developed under a land use plan in the late 1990s and early 2000s. Keeping dogs as pets is compatible with this area and with the general goals for the Suburban Area as a residentially focused area. The dogs are not hunting animals and will not be kenneled outdoors. The need for the Conditional Use Permit is to permit the applicant to care for his daughter’s animals while she is deployed, underway, or otherwise out of town. The proposed quantity of animals at this site is limited and will be transient as the two dogs that are not owned by the applicants do not and will not make this their George Cutulle Agenda Item 7 PacketPage Pg. 2 395  6.K.a permanent home. No changes to traffic are anticipated and, with the conditions recommended below, Staff believes there will be no adverse effect to the area. Additionally, the applicant states they met with several of their neighbors Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property and received three signatures of support for their application. Staff recommends approval of the application subject to the following conditions and exhibits. Recommended Conditions 1. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 2. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 3. There shall be no breeding of dogs on the site. 4. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. 5. No more than four (4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 6. There shall be no more than six (6) adult dogs on site. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This project falls within the Suburban Area. Guiding principles of the Suburban Area in the Comprehensive Plan Policy Document include creation and maintenance of “Great Neighborhoods” by having supportive and complementary non- residential uses. The safe keeping of pets is a compatible activity in suburban neighborhoods and is consistent with the overall goals of the Comprehensive Plan for the Suburban Area. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. No ground-disturbing activities will occur as part of this application. No historical or cultural resources will be affected by this use. George Cutulle Agenda Item 7 PacketPage Pg. 3 396  6.K.a Traffic Impacts Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 10 ADT1 Mulberry Loop No data available Proposed Land Use 2 – 10 ADT 1 2 Average Daily Trips As defined by a single-family dwelling Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Mulberry Loop is a two-lane, undivided local street. It is not included in the MTP, and no CIP projects are slated for this area. Public Utility Impacts Water & Sewer The site is already connected to City water and sanitary sewer. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Three signatures of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 31, 2024 and February 7, 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 January 29, 2024. • 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 February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 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 March 4, 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 March 15, 2024. George Cutulle Agenda Item 7 PacketPage Pg. 4 397  6.K.a Proposed Site Layout Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property Fence that has been relocated to applicant’s property 2,560 SF Dwelling George Cutulle Agenda Item 7 PacketPage Pg. 5 398  Site Photos George Cutulle Agenda Item 7 6.K.a PacketPage 399 Pg. 6 Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property  Site Photos George Cutulle Agenda Item 7 6.K.a PacketPage 400 Pg. 7 Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property  Disclosure Statement George Cutulle Agenda Item 7 6.K.a PacketPage 401 Pg. 8 Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property  Disclosure Statement George Cutulle Agenda Item 7 6.K.a PacketPage 402 Pg. 9 Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property  Disclosure Statement George Cutulle Agenda Item 7 6.K.a Packet Page 403 Pg.10 Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property  6.K.a Next Steps Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. George Cutulle Agenda Item 7 Page Packet Pg.11 404  6.K.a Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph R20 R20 R10 Mulber ry Loop Mulberry Loo R10 R10 p o o p L rid ge e rB R10 R10 Tow R10 R10 R10 R10 R10 R10 µ George Cutulle 2760 Mulberry Loop Site Property_Polygons Zoning Feet 0 20 40 80 120 160 200Packet 240 Pg. 405 Building  6.K.a Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 7 George Cutulle RECOMMENDED FOR APPROVAL – CONSENT Ms. Cuellar: Our next item is item number seven, a conditional use permit for a residential kennel. Can we have a representative please come forward on this application. Welcome. Mr. Cutulle: Hi, good afternoon. I'm George Cutulle. Ms. Cuellar: And are the conditions acceptable to you? Mr. Cutulle: Yes, they are. Ms. Cuellar: Thank you very much. You may be seated and, then, is there any opposition? Hearing none. We have asked Commissioner Mauch to read this application. Mr. Mauch: The applicant is requesting a conditional use permit to operate a residential kennel at their residence at 2760. Mulberry Loop zoned R-10 residential district. The applicant owns four dogs and frequently cares for their daughter's two dogs. They're seeking a conditional use permit to keep their daughter's two dogs overnight and extended periods while she is deployed, underway, or out of town. All dogs on the property including the applicant's dogs are current on their required vaccinations and, hearing no opposition, we put this on the consent. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen seconded it. Ms. Alcock: The vote is now open. Ms. Byler, can I have your verbal really quickly? Packet Pg. 406  6.K.a Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property Ms. Byler: Oh, never mind, it went through. Thank you. Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 2. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 3. There shall be no breeding of dogs on the site. 4. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. 5. No more than four (4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 6. There shall be no more than six (6) adult dogs on site. Packet Pg. 407  6.K.a Packet Pg. 408 Attachment: 05_ARF_George Cutulle (COMBINED) (3761 : George Cutulle (Applicant) George Joseph Cutulle & Vivienne Mary Cutulle (Property  BRANDON SHAW FOR A CONDITIONAL USE PERMIT RE HOME OCCUPATION – RETAIL SALES AT 2076 MASON NECK LANE DISTRICT 7 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. 409  6.K.a Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRANDON SHAW [Applicant & Property Owner] Conditional Use Permit (Home Occupation – Retail Sales) for the property located at 2076 Mason Neck Lane (GPIN 1454694387). COUNCIL DISTRICT 7 MEETING DATE: March 19, 2024  Background: The applicant requests a Conditional Use Permit for a Home Occupation to operate an online retail sale (firearms) business within the single-family dwelling. The applicant will be the sole operator of the online business. There will be no sale of firearms from this residence. No signs or advertisements are proposed for the property.  Considerations: No firearm or federally controlled item will be left on the property without properly being transferred to the owner. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 394 square feet, thus the 299 square foot office within the home will be below the maximum allowed. All federally controlled items will be stored in secured steel vaults. In addition to this Conditional Use Permit, the applicant anticipates obtaining a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. Approval of the Conditional Use Permit is required for the applicant to obtain his FFL. All firearms that are on the site will be required to be secured in accordance with ATF regulations. Additionally, a City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. Further details pertaining to the request, as well as Staff’s evaluation of the request, are provided in the attached Staff Report. Two letters of support were received by Staff. There is no known opposition to this request.  Recommendation: On February 14, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. Packet Pg. 410  6.K.a Brandon Shaw Page 2 of 3 1. Any firearm or firearm parts kept on the property shall be stored in a locked, Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home secured vault or similar container. The applicant shall contact the Police Department’s Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, with a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no hand-to-hand transactions permitted from this residence. All sales shall be conducted online. 6. Delivery of firearms to the property shall be received on the applicant’s property only, secured by the applicant’s signature. 7. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 8. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 299 square foot office on the property. 9. There shall be only one (1) employee associated with this home-based business.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (2) Packet Pg. 411  6.K.a Brandon Shaw Page 3 of 3 Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 412  6.K.a Applicant & Property Owner Brandon Shaw Agenda Item 5 Planning Commission Public Hearing February 14, 2024 City Council District 7 Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home Request Conditional Use Permit (Home Occupation – Retail Sales) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 2076 Mason Neck Lane GPIN 1454694387 Site Size 9,509 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling / R-5D Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings / R-5D Residential South Single-family dwellings / R-5D Residential East Single-family dwelling / R-5D Residential West Kempsville Road Multi-family dwellings / A-12 Apartment Brandon Shaw Agenda Item 5 PacketPage Pg. 1 413  6.K.a Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home Occupation to operate an online retail sale Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home (firearms) business within the single-family dwelling on a parcel in the Alexandria neighborhood zoned R-5D Residential Duplex District. • The home occupation will occupy 299 square feet within the residence. • There will be no sale of firearms from this residence as all sales will be conducted online. No signs or advertisements are proposed for the property. • The applicant has over five years of experience working with firearms. • The applicant will be the sole operator of the in-home business. No other employees are proposed. • As required by federal law, the applicant will obtain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF). All firearms will be secured in the home in accordance with ATF regulations. • Additionally, a City of Virginia Beach Police Officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. 1 Zoning History # Request 1 CRZ (R-5D to Conditional A-12 with PD-H2) Approved 03/13/2001 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The applicant’s request for a Conditional Use Permit for a Home Occupation for a retail sales (firearms) business within this single-family dwelling is acceptable, in Staff’s opinion. This proposed use is located within the Suburban Area of the city as defined by the Comprehensive plan. In Staff’s opinion, this use will not change the character of the neighborhood and will not adversely affect the surrounding properties, as it is a very low intensity use. All activities of this business will occur indoors and will be undetectable by pedestrians and immediate neighbors. Brandon Shaw Agenda Item 5 PacketPage Pg. 2 414  6.K.a Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 394 square feet, thus the 299 square foot office within the home will be below the maximum allowed. As mentioned previously, no on-site sale of firearms will occur at the residence, as the applicant intends to purchase firearms and sell Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home them exclusively online. A condition is recommended below to ensure this. If the applicant proposes to expand services offered, a modification to this Conditional Use Permit will be required. The applicant intends to store firearms in a locked and secured vault, in accordance with ATF regulations. As stated previously, the Virginia Beach Police Department will conduct a security assessment of the home within one month of the granting of the Conditional Use Permit, as noted in Condition 1. The assessment will consist of the following items: • Inspect all exterior lighting and recommend strategies for best lighting practices to be used • Inspect all landscaping, looking for any conflict with lighting and any area where there may be places to hide • Inspect all interior and exterior door and window locking devices to ensure that they provide adequate home security against burglary • Inspect all interior and exterior doors to determine adequacy of their strength against penetration by prying, force, or any other means • Inspect and review any alarm system that may be installed on the home • Inspect the room and safe where any firearms, firearm supplies, firearms parts, and money may be stored • If there are children in the home, the assessing officer will review safety measures as it pertains to firearms and the children. The applicant has notified his adjacent neighbors of his request to operate the retail firearm sales business and has provided letters of support from two immediate neighbors along Mason Neck Lane. Based on the considerations above, Staff finds that the proposed use meets the requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance. The requirements of the Zoning Ordinance and the conditions recommended by Staff are anticipated to further ensure the compatibility of the proposed use and the safety of the neighborhood. As such, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department’s Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, with a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no hand-to-hand transactions permitted from this residence. All sales shall be conducted online. Brandon Shaw Agenda Item 5 PacketPage Pg. 3 415  6.K.a 6. Delivery of firearms to the property shall be received on the applicant’s property only, secured by the applicant’s signature. 7. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 8. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 299 square foot office on the property. 9. There shall be only one (1) employee associated with this home-based business. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located within the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 10 ADT Mason Neck Lane No Data Available 1 Proposed Land Use 3 – 10 ADT 1 Average Daily Trips 2 as defined by a single-family 3 as defined by a single-family dwelling dwelling with a home occupation Brandon Shaw Agenda Item 5 PacketPage Pg. 4 416  6.K.a Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Mason Neck Lane, in this vicinity, is considered a two-lane undivided local street. It is not included in the MTP. No roadway CIP projects are slated for this roadway. Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home Public Utility Impacts Water & Sewer The site currently connects to both City water and sanitary sewer. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Two letters of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 31, 2024 and February 7, 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 January 29, 2024. • 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 February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 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 March 4, 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 March 15, 2024. Brandon Shaw Agenda Item 5 PacketPage Pg. 5 417  Site Layout Brandon Shaw Agenda Item 5 6.K.a PacketPage 418 Pg. 6 Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home  Site Photos Brandon Shaw Agenda Item 5 6.K.a PacketPage 419 Pg. 7 Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home  Disclosure Statement Brandon Shaw Agenda Item 5 6.K.a PacketPage 420 Pg. 8 Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home  Disclosure Statement Brandon Shaw Agenda Item 5 6.K.a PacketPage 421 Pg. 9 Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home  X Disclosure Statement 2/27/2024 Marchelle L. Coleman Brandon Shaw Agenda Item 5 6.K.a Packet Page 422 Pg.10 Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home  6.K.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home 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. Brandon Shaw Agenda Item 5 Page Packet Pg.11 423 A12 6.K.a A12 Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) ad Ro sville R5D Ke R5D R5D mp Site Property_Polygons Zoning Brandon Shaw 2076 Mason Neck Lane µ Feet 0 5 10 20 30 40 50 60 Packet Pg. 424 Building  6.K.a Virginia Beach Planning Commission Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home February 14, 2024, Public Meeting Agenda Item # 5 Brandon Shaw RECOMMENDED FOR APPROVAL Mr. Alcaraz: My fault. Alright. Thank you. Those were approved for consent and if you can get with your representative in the planning department and see when you're up for City Council. Next item up for is the, Madam Clerk, if you can see whose first item for hearing. Madam Clerk: Agenda item number five Brandon Shaw, a conditional use permit request for a home occupation for retail sales at 2076 Mason Neck Lane in District 7. Mr. Alcaraz: Just come forward and state your name, please. Mr. Shaw: Good afternoon. Brandon Shaw for item five. Mr. Alcaraz: Alright. You state what you're doing. Mr. Shaw: Looking to do a conditional use permit for a FFL at home. Mr. Alcaraz: Okay. There were some questions and I'm going to go ahead and let the commissioners come in. Who'd like to ask some questions. Mr. Plumlee? Mr. Plumlee: Yes. Hey, thank you for coming down today. I know this is a busy time for you, but with this request, can you give us a little insight to your experience with this type of work and what your plans are at this location? Mr. Shaw: So I have a history of owning and buying firearms, and I was just looking to expand and sell parts of my collection and to possibly see it about doing that in the future. So ,taking the first step by doing an at-home FFL to facilitate transfer and buying and selling of firearms. Mr. Plumlee: Does that require any special training for you to do that? Mr. Shaw: No, just I have to go through the ATF to request an FFL. I've done so, and I've gone through the paperwork, finger checks, background checks to do so. Packet Pg. 425  6.K.a Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home Mr. Plumlee: And you hadn't been selling from this location at any prior time, is that fair? Mr. Shaw: No. You cannot do that without FFL. Mr. Plumlee: Okay. Mr. Alcaraz: Alright. Any other questions? A lot of discussion at informal, we good? Alright, you can be seated. Mr. Shaw: Alright, thank you. Mr. Alcaraz: Is there any opposition for this agenda item? Alright, we'll close it and we'll have a discussion if you'd like anyone like to discuss. If not, I'll take a motion. Mr. Mauch: I'll make a motion. Mr. Alcaraz: Mr. Mauch. Mr. Mauch: Make a motion for approval. Ms. Hippen: I Second. Mr. Alcaraz: Motion by Mr. Mauch. Second by Ms. Hippen. Thank you. Ms. Alcock: The vote is now open. By a vote of 11 to 0, agenda item number five has been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE Packet Pg. 426  6.K.a CONDITIONS Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department’s Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, with a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no hand-to-hand transactions permitted from this residence. All sales shall be conducted online. 6. Delivery of firearms to the property shall be received on the applicant’s property only, secured by the applicant’s signature. 7. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 8. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 299 square foot office on the property. 9. There shall be only one (1) employee associated with this home-based business. Packet Pg. 427  6.K.a Packet Pg. 428 Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home Occupation - Retail  6.K.a Packet Pg. 429 Attachment: 06_ARF_Brandon Shaw (COMBINED) (3762 : Brandon Shaw (Applicant & Property Owner) Conditional Use Permit (Home Occupation - Retail  SIREN ARTS STUDIO / RT VIRGINIA HOLDINGS, LLC FOR A CONDITIONAL USE PERMIT RE TATTOO PARLOR AND BODY PIERCING ESTABLISHMENT AT 1423 NORTH GREAT NECK ROAD, SUITE 105A DISTRICT 8 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. 430  6.K.a Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SIREN ARTS STUDIO [Applicant] RT VIRGINIA HOLDINGS, LLC [Property Owner] Conditional Use Permits (Tattoo Parlor & Body Piercing Establishment) for the property located at 1423 N. Great Neck Road, Suite 105A (GPIN 2408184833). COUNCIL DISTRICT 8 MEETING DATE: March 19, 2024  Background: The applicant is requesting two Conditional Use Permits to operate a Tattoo Parlor for traditional tattooing and a Body Piercing Establishment within an existing 1,677 square-foot suite at the Mill Dam Crossing Shopping Center. Typical hours of operation will be 10:00 a.m. to 8:00 p.m., Tuesday through Saturday, by appointment. With the exception of signage, no changes to the building exterior are proposed and the required parking is met on site.  Considerations: The proposed uses are, in the opinion of Staff and the Planning Commission, acceptable. These uses are compatible with the other existing commercial businesses located in the vicinity and within this part of the Suburban Area. Prior to operating, the applicant is required to obtain business licenses and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. There is no known opposition to these requests.  Recommendation: On February 14, 2024, the Planning Commission passed a motion to recommend approval of these items on the Consent Agenda, by a recorded vote of 11-0. CONDITIONS: 1. Business licenses for the Tattoo Parlor and Body Piercing Establishment shall not be issued to the applicant without the approval of the Health Department to Packet Pg. 431  6.K.a Siren Arts Studio Page 2 of 2 ensure compliance with the provisions of Chapters 23-51 and 23-53.1 of the Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner) City Code, or as amended. 2. The actual application of tattoos and/or body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 432  6.K.a Applicant Siren Arts Studio Agenda Items Property Owner RT Virginia Holdings, LLC Planning Commission Public Hearing February 14, 2024 2&3 Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner) City Council District 8 Requests #2 - Conditional Use Permit (Tattoo Parlor) #3 - Conditional Use Permit (Body Piercing Establishment) Staff Recommendation Approval Staff Planner Hoa N. Dao Location 1423 N. Great Neck Road, Suite 105A GPIN 2408184833 Site Size 1.88 acres (1,677 square feet Suite) AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping center / B-2 Community Business Surrounding Land Uses and Zoning Districts North Office / B-2 Community Business South Retail, vocational school / B-2 Community Business East North Great Neck Road Retail, shopping center / B-2 Community Business West Single-family dwellings / R-10 Residential Siren Arts Studio Agenda Items 2 & 3 PacketPage Pg. 1 433  6.K.a Background & Summary of Proposal • The applicant is requesting two Conditional Use Permits to operate a Tattoo Parlor for traditional tattooing and to Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner) operate a Body Piercing Establishment within an existing 1,677 square-foot suite at the Mill Dam Crossing Shopping Center. • The proposed hours of operation will be from 10:00 a.m. to 8:00 p.m., Tuesday through Saturday, by appointment only. • Piercing booths will be completely private and out of view of both patrons in the suite and outdoors. • No changes to the exterior of the building are proposed. • Per Section 203(a)(33), shopping centers with four or more tenants are required to provide one parking space for every 250 square feet of floor area. The 10,756 square feet shopping center requires 43 parking spaces. There are 78 parking spaces on site, which exceeds the required parking by 35 spaces. There is a shared parking agreement with the adjacent commercial parcels; therefore, an exemption to exceed the maximum allowed parking of 65 spaces per Section 203(b)(8) is permitted. 2 3 Zoning History # Request 1 SVR (Lot Width Reduction) Approved 10/05/2021 CUP (Vocational School) Approved 10/05/2021 1 2 MDC (Church Addition) Approved 12/12/2000 MDC (Child Care Education Center) Approved 12/19/1988 CUP (Pump Station) Approved 10/15/1973 CUP (Church) Approved 08/03/1966 3 CUP (Automotive Repair Garage) Approved 06/09/1992 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 These requests for Conditional Use Permits for a Tattoo Parlor and Body Piercing Establishment, in Staff’s opinion, are acceptable given that these uses are compatible with the other existing commercial businesses located in the vicinity and within this part of the Suburban Area. Staff does not anticipate any potential negative impact to the surrounding area. Furthermore, the proposed use would be supported by the Comprehensive Plan which calls for the introduction of complementary non-residential uses in the Suburban Area. Prior to commencing operations on the site, the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code. Chapter 23-51 details the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, Siren Arts Studio Agenda Items 2 & 3 PacketPage Pg. 2 434  6.K.a and permitting applicable to such establishments. A Certificate of Occupancy shall not be issued until these requirements are satisfied and Health Department approval is obtained. For the reasons stated above, Staff recommends approval of these applications, subject to the conditions listed below. Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner) Recommended Conditions 1. Business licenses for the Tattoo Parlor and Body Piercing Establishment shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapters 23-51 and 23-53.1 of the City Code, or as amended. 2. The actual application of tattoos and/or body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and there are no known significant cultural resources associated with this site. Siren Arts Studio Agenda Items 2 & 3 PacketPage Pg. 3 435  6.K.a Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner) N. Great Neck Road 38,800 ADT1 55,000 ADT 1 (LOS 4 “D”) No Change Anticipated 1 Average Daily Trips 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) N. Great Neck Road is a six-lane suburban arterial in the vicinity of this site. N. Great Neck has a variable right-of-way width and the MTP shows a divided highway with a bikeway and an ultimate right-of-way width of 120 feet. There are currently no CIP projects scheduled for this segment of N. Great Neck Road. Public Utility Impacts Water & Sewer The parcel is currently connected to City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 31, 2024 and February 7, 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 January 29, 2024. • 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 February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 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 March 4, 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 March 15, 2024. Siren Arts Studio Agenda Items 2 & 3 PacketPage Pg. 436  Proposed Site Layout Siren Arts Studio Agenda Items 2 & 3 6.K.a PacketPage Pg. 5 437 Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner)  Proposed Floor Plan Siren Arts Studio Agenda Items 2 & 3 6.K.a PacketPage Pg. 6 438 Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner)  Site Photos Siren Arts Studio Agenda Items 2 & 3 6.K.a PacketPage Pg. 7 439 Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner)  Disclosure Statement Siren Arts Studio Agenda Items 2 & 3 6.K.a PacketPage Pg. 8 440 Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner)  Disclosure Statement Siren Arts Studio Agenda Items 2 & 3 6.K.a PacketPage Pg. 9 441 Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner)  Disclosure Statement Siren Arts Studio Agenda Items 2 & 3 Page 6.K.a Packet Pg.10 442 Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner)  Disclosure Statement Siren Arts Studio Agenda Items 2 & 3 Page 6.K.a Packet Pg.11 443 Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner)  Disclosure Statement Siren Arts Studio Agenda Items 2 & 3 Page 6.K.a Packet Pg.12 444 Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner)  Disclosure Statement Siren Arts Studio Agenda Items 2 & 3 Page 6.K.a Packet Pg.13 445 Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner)  6.K.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner) public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Siren Arts Studio Agenda Items 2 & 3 Page Packet Pg.1446  R10 6.K.a R10 Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia ea t B2 B2 Gr Neck R10 R10 B2 Ro B2 B2 d A12 ad o a R am ll D Mi R20 R20 Po B2 B2 p lar Gr ea t Po int Ro Neck ad R10 B2 B2 Ro R10 ad Site Property_Polygons Zoning Siren Arts Studio 1423 Great Neck Road, Suite 105A µ Feet 0 30 60 120 180 240 Packet 300 Pg. 360 Building 447  6.K.a Virginia Beach Planning Commission Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner) February 14, 2024, Public Meeting Agenda Item # 2 & 3 Siren Arts Studio RECOMMENDED FOR APPROVAL – CONSENT Mr. Alcaraz: Alright, I think we go on to consent. Alright, I'll pass it on to Ms. Holly Cuellar. Ms. Cuellar: Thank you Mr. Chairman. Thank you. Today we have nine items on the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speakers signed up in opposition. We'll go ahead and start with items number two and three if the applicant could please come forward, Siren Art Studio. Mr. Moss: Good afternoon. Cutler Moss for Siren Art Studio. Ms. Cuellar: Thank you very much. And are the conditions acceptable to you? Mr. Moss: They are. Ms. Cuellar: Great. You may be seated. Mr. Moss: Thank you. Ms. Cuellar: Is there any opposition for this item being placed on the consent agenda? Hearing none. I've asked Commissioner Estaris to please read this into the record. Ms. Estaris: Yes, the background of these applications that the applicant is requesting two conditional use permits to operate a tattoo parlor for traditional tattooing, and to operate a body piercing establishment within an existing 1,677 square foot suite at the Mill Dam Crossing Shopping Center. The proposed hours of operation will be from 10 a.m. to 8 p.m. Tuesday through Saturday by appointment only. Piercing booths will be completely private and out of view of both patrons in the suite and outdoors. No changes to the exterior of the building are proposed. With that being said, there was no opposition to the filing. We agree with the planning staff approval. Planning moves this to the consent agenda. Packet Pg. 448  6.K.a Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner) agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen second it. Ms. Alcock: The vote is now open. Ms. Byler can I have your verbal really quickly? Ms. Byler: Oh, never mind, went through. Thank you. Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. Business licenses for the Tattoo Parlor and Body Piercing Establishment shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapters 23-51 and 23-53.1 of the City Code, or as amended. 2. The actual application of tattoos and/or body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be Packet Pg. 449  6.K.a permitted. A separate sign permit shall be obtained from the Department of Planning & Attachment: 07_ARF_Siren Arts Studio (COMBINED) (3763 : Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner) Community Development for the installation of any new signs. Packet Pg. 450  CECILIA M. PATTERSON / ROCKY LLC FOR A CONDITIONAL USE PERMIT RE TATTOO PARLOR AT 3920 VIRGINIA BEACH BOULEVARD DISTRICT 8 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. 451  6.K.a Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CECILIA M. PATTERSON [Applicant] ROCKY LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 3920 Virginia Beach Boulevard (GPIN 1487240595). COUNCIL DISTRICT 8 MEETING DATE: March 19, 2024  Background: The applicant is requesting a Conditional Use Permit for a Tattoo Parlor to offer traditional tattooing services, as well as the application of permanent makeup, including paramedical tattoos. The parlor will be in an existing 2,200 square-foot suite in an existing shopping center. Proposed hours of operation will be from 10:00 a.m. to 6:00 p.m., Monday through Saturday, by appointment only. The applicant anticipates employing five tattoo artists and a front desk receptionist. A portion of the lobby will be used as a boutique to sell local artists’ wares.  Considerations: The proposed tattoo parlor will be compatible with other commercial businesses in the shopping center and in this corridor of Virginia Beach Boulevard. It also aligns with goals for the Rosemont Strategic Growth Area to transition this portion of Virginia Beach Boulevard away from auto-centric uses and towards diverse service and retail businesses. Prior to operating the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. 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 February 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. Packet Pg. 452  6.K.a Cecilia M. Patterson Page 2 of 2 Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 453  6.K.a Applicant Cecilia M. Patterson Agenda Item 6 Property Owner Rocky LLC Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use Planning Commission Public Hearing February 14, 2024 City Council District 8 Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation Approval Staff Planner Elizabeth Nowak Location 3920 Virginia Beach Boulevard GPIN 1487240595 Site Size 2,200 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping center / B-2 Community Business Surrounding Land Uses and Zoning Districts North Single-family dwelling, religious use / R-7.5 Residential, R-5D Residential South Virginia Beach Boulevard Automobile sales / B-2 Community Business East Religious use / R-7.5 Residential West Medical office facility / B-2 Community Business Cecilia M. Patterson Agenda Item 6 PacketPage Pg. 1 454  6.K.a Background & Summary of Proposal Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use • The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor in a 2,200 square-foot suite in an existing shopping center. The shopping center is located along Virginia Beach Boulevard on property zoned B-2 Community Business District. • The applicant will offer both traditional tattooing, as well as permanent makeup for eyebrows, microblading, eyeliner, lips, and paramedical tattoos. The applicant is a member of “Operation Tattooing Freedom,” a non-profit organization that connects veterans with tattoo artists in support of their mental health. • The proposed hours of operation will be from 10:00 a.m. to 6:00 p.m., Monday through Saturday, by appointment only. • Five tattoo artists and a front desk receptionist are anticipated during business hours. The applicant estimates that each artist will have two to three clients a day, depending on their schedule. • In addition to tattooing, the applicant intends on using a portion of the front lobby as a boutique in which to sell local artists’ wares. • The applicant plans to install a channel-letter wall sign on the building that will include the name of the business, The Vintage Cauldron. • Per Section 203(a)(33), shopping centers with four or more tenants are required to provide one parking space for every 250 square feet of floor area. There are 75 parking spaces on site, which exceeds the parking requirement by 17 spaces. 1 Zoning History # Request 1 CUP (Church) Approved 08/12/1997 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The Conditional Use Permit request for a Tattoo Parlor is, in Staff’s opinion, acceptable given that the use will be compatible with the other existing commercial businesses in the shopping center and in this corridor of Virginia Beach Cecilia M. Patterson Agenda Item 6 PacketPage Pg. 2 455  6.K.a Boulevard. The property is located in the Rosemont Strategic Growth Area (SGA) as defined by the Comprehensive Plan. The main goal for the Rosemont SGA is to transition from an auto-oriented retail strip to a mixed-used, transit-oriented neighborhood center. Artistic and community-oriented businesses such as the one proposed by the applicant are Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use complementary with the kind of services and retail that support diverse and mixed-use areas. While the request includes the reuse of an existing suite and no exterior changes are proposed, the proposal includes no new construction, but the business operations align with the goals of the Rosemont SGA. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Rosemont Strategic Growth Area (SGA), which is envisioned as a becoming a transit-oriented corridor with mixed-uses and higher residential densities. Key recommendations for this SGA are centered around transportation infrastructure improvements to develop a more transit-oriented development pattern and accompanying village core and higher residential densities. Diverse businesses and services are key to thriving mixed-use areas such as the one envisioned in the Rosemont SGA. Cecilia M. Patterson Agenda Item 6 PacketPage Pg. 3 456  6.K.a Natural & Cultural Resources Impacts Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use The site is located in the Chesapeake Bay Watershed. It is located outside the Resource Protection Area and no impact is anticipated as there are no physical alterations proposed with this application. No historical or cultural resources will be affected by this proposal. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 39,000 ADT1 74,000 ADT 1 (LOS 2 “D”) No change anticipated 1 Average Daily Trips 2 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) In the vicinity of this site, Virginia Beach Boulevard is an eight-lane major urban arterial road with an approximate right- of-way width of 150 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. There are no CIP projects scheduled near this site. Public Utility Impacts Water & Sewer The site connects to City water and sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 31, 2024 and February 7, 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 January 29, 2024. • 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 February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 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 March 4, 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 March 15, 2024. Cecilia M. Patterson Agenda Item 6 PacketPage Pg. 4 457  Proposed Site Layout Cecilia M. Patterson Agenda Item 6 PacketPage 458 Pg. 5 6.K.a Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use  Proposed Floor Plan Cecilia M. Patterson Agenda Item 6 PacketPage 459 Pg. 6 6.K.a Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use  Proposed Sign Exhibit Cecilia M. Patterson Agenda Item 6 PacketPage 460 Pg. 7 6.K.a Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use  Site Photos s Cecilia M. Patterson Agenda Item 6 PacketPage 461 Pg. 8 6.K.a Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use  Disclosure Statement Cecilia M. Patterson Agenda Item 6 PacketPage 462 Pg. 9 6.K.a Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use  Disclosure Statement Cecilia M. Patterson Agenda Item 6 Packet Page 463 Pg.10 6.K.a Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use  Disclosure Statement Cecilia M. Patterson Agenda Item 6 Packet Page 464 Pg.11 6.K.a Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use  Disclosure Statement Cecilia M. Patterson Agenda Item 6 Packet Page 465 Pg.12 6.K.a Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use  Disclosure Statement Cecilia M. Patterson Agenda Item 6 Packet Page 466 Pg.13 6.K.a Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use  Disclosure Statement Cecilia M. Patterson Agenda Item 6 Packet Page Pg.1467 6.K.a Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use  6.K.a Next Steps Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use • 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. Cecilia M. Patterson Agenda Item 6 Page Packet Pg.15 468  R7.5 6.K.a R7.5 R7.5 O2 O2 Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, n Lyn B2 B2 R5D R5D S ho D res R7.5 rive B2 R7.5 B2 B2 Virg inia B eac hB B2 B2 oul eva rd B2 B2 Site Property_Polygons Zoning Cecilia M. Patterson 3920 Virginia Beach Boulevard µ Feet 0 20 40 80 120 160 200Packet 240 Pg. 469 Building  6.K.a Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 6 Cecelia M. Patterson RECOMMENDED FOR APPROVAL – CONSENT Ms. Cuellar: Thank you very much. The next item is item number six, a conditional use permit for a tattoo parlor. Is there a representative here today to speak on this item? Ms. Yamanashi: Hi, my name is Kira Yamanashi. I'm here representing Cecilia Patterson. Ms. Cuellar: Thank you very much, and are the conditions acceptable to you? Ms. Yamanashi: 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'll go ahead and read this item into the record. This is a request for a conditional use permit for a tattoo parlor. The applicant is requesting the permit to operate the tattoo parlor in a 2,200 square foot suite in an existing shopping center. The shopping center is located along Virginia Beach, Boulevard on property zoned B-2 Community Business District. There is no opposition to this application. Staff is recommending it for approval. The Planning Commission is recommending it for the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen seconded it. Ms. Alcock: The vote is now open. Ms. Byler, can I have your verbal really quickly? Ms. Byler: Oh, never mind, it went through. Thank you. Packet Pg. 470  6.K.a Attachment: 08_ARF_Cecilia M. Patterson (COMBINED) (3764 : Cecilia M. Patterson (Applicant) Rocky, LLC (Property Owner) Conditional Use Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23- 51 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Packet Pg. 471  915C PACIFIC, LLC FOR A CONDITIONAL USE PERMIT RE SHORT TERM RENTAL AT 915 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. 472  6.K.a Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 915C PACIFIC, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 915 Pacific Avenue Unit C (GPIN 24272444111075). COUNCIL DISTRICT 5 MEETING DATE: March 19, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a one-bedroom, 450 square-foot unit located at 915 Pacific Avenue, Unit C within the Pacific Place Condominiums. There are no current or past zoning violations associated with the subject property. The applicant has been advertising the property as a long-term rental, with a minimum 31-night stay, since January 18, 2023.  Considerations: The applicant is requesting to operate a one-bedroom, 450 square-foot Short Term Rental within the Pacific Place Condominiums. Short Term Rentals are prevalent on this property with a total of 16 previously approved Conditional Use Permits for Short Term Rentals. The one parking space required for this use is an assigned space within the condominium’s parking lot. 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 February 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. The following conditions shall only apply to the dwelling unit addressed as 915 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 unit shall comply with all required Fire and Building code requirements. Packet Pg. 473  6.K.a 915C Pacific, LLC Page 2 of 4 Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short 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 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. Packet Pg. 474  6.K.a 915C Pacific, LLC Page 3 of 4 Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short 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. 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. Packet Pg. 475  6.K.a 915C Pacific, LLC Page 4 of 4 Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short 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 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 476  6.K.a Applicant & Property Owner: 915C Pacific, LLC Agenda Item 11 Planning Commission Public Hearing: February 14, 2024 Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short City Council District 5 Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Michaela McKinney Location 915 Pacific Ave, Unit C GPIN 24272444111075 Site Size 34,984 square feet (450 Square foot unit) Existing Land Use and Zoning District Multi-family dwelling / 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 Single-family dwellings / OR Oceanfront Resort 915C Pacific, LLC Agenda Item 12 PacketPage Pg. 1477  6.K.a Background & Summary of Proposal Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short Site Conditions and History • This 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned OR Oceanfront Resort District. According to City records, this multi-family condominium was constructed in 1969. • On-street parking is not permitted on this portion of Pacific Avenue. • Although there are no current or past zoning violations on the site, when researching the property for the current request, staff found that the residence is currently utilized for rental stays no less than 31 days in length, from May 2023 to present. The services are offered via Airbnb.com. The applicant is seeking a Conditional Use Permit to offer short term rental services. • 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 January 17, 2024, is shown in the chart below: REGISTERED WITH THE CURRENTLY ADVERTISED LAST KNOWN RENTAL COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity 915C Pacific, LLC Agenda Item 12 PacketPage Pg. 2478  6.K.a Summary of Proposal Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short 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: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 Zoning History # Request 1 CUP (Short Term Rental) Approved 11/14/2023 CUP (Short Term Rental) Approved 08/15/2023 CUP (Short Term Rental) Approved 07/11/2023 CUP (Short Term Rental) Approved 05/16/2023 2 CUP (Short Term Rental) Approved 05/16/2023 CUP (Short Term Rental) Approved 06/12/2022 CUP (Short Term Rental) Approved 04/05/2022 CUP (Short Term Rental) Approved 11/09/2021 1 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 04/06/2020 CUP (Short Term Rental) Approved 02/04/2020 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 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a one-bedroom, 450 square-foot Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 15 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space associated with this unit in the condominium’s parking lot. According to the City of Virginia Beach Zoning Ordinance, Appendix A, Article 23, Section 2303, (b), a., ii., “There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to 915C Pacific, LLC Agenda Item 12 PacketPage Pg. 3479  6.K.a guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design.” Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements 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. 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 the unit as a Short Term Rental is consistent with this purpose. The unit would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. 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 915 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 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 915C Pacific, LLC Agenda Item 12 PacketPage Pg. 4480  6.K.a 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. Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short 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. 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. 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 915C Pacific, LLC Agenda Item 12 PacketPage Pg. 5481  6.K.a 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. Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short 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 • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 31, 2024 and February 7, 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 January 29, 2024. • 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 February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 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 March 4, 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 March 15, 2024. 915C Pacific, LLC Agenda Item 12 PacketPage Pg. 6482  Site Layout & Parking Plan 915C Pacific, LLC Agenda Item 12 6.K.a PacketPage Pg. 7483 Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short  Site Photos 915C Pacific, LLC Agenda Item 12 6.K.a PacketPage Pg. 8484 Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short  Disclosure Statement 915C Pacific, LLC Agenda Item 12 6.K.a PacketPage Pg. 9485 Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short  Disclosure Statement 915C Pacific, LLC Agenda Item 12 6.K.a Packet Page Pg.10486 Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short  Disclosure Statement 915C Pacific, LLC Agenda Item 12 6.K.a Packet Page Pg.11487 Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short  6.K.a Next Steps Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short • 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. 915C Pacific, LLC Agenda Item 12 Page Packet Pg.12488  915C PACIFIC, LLC STR VICINITY MAP 6.K.a Packet Pg. 489 Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property  6.K.a OR OR OR OR OR OR R5S Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property R5S eet St r R5S OR 10Th OR Atlan R5S ic Pacif R5S e venu R5S tic A OR OR A18 A18 ue OR OR Aven OR Norfolk S tr eet Avenue 9th RT3 RT3 Atlan RT3 RT3 if Pac e nue tic Av R5S OR OR u ven R5S R5S ic A OR e OR µ 915C Pacific LLC 915 Pacific Avenue, Unit C Site Property_Polygons Zoning Feet 0 30 60 120 180 240 Packet 300 Pg. 360490 Building  6.K.a Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 11 915C Pacific, LLC RECOMMENDED FOR APPROVAL – CONSENT Ms. Cuellar: Thank you very much. Our next item is item number 11, a conditional use permit for a short-term rental. Is there a representative here today on this item? Ms. Alcock: Vice Chair, they're attending virtually, so I'm going to, Jackie Crawford. Ms. Cuellar: Pardon me? Were you going to speak on this item? Mr. Crawford: Yes, I'm David Crawford for 915C Pacific, LLC. Ms. Cuellar: And are the conditions acceptable to you? Mr. Crawford: Yes, ma'am. Ms. Cuellar: Okay. Just pardon me for a moment, Madam Clerk. Is there another individual? Ms. Alcock: I would assume that it is your wife, correct. Ms. Cuellar: Thank you for being here today. Okay. Is there any opposition to this item being placed on the consent agenda? Hearing none. I've asked Commissioner Plumlee to read this item into the record. Mr. Plumlee: The applicant 915C Pacific, LLC has requested a short-term rental conditional use permit to be located at 915 Pacific Avenue Unit C. The excellent planning staff for the City of Virginia Beach has recommended approval. This is within the district for this use, and the commission saw fit to place it on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Packet Pg. 491  6.K.a Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen second it. Ms. Alcock: The vote is now open. Ms. Byler can I have your verbal really quickly? Ms. Byler: Oh, never mind, went through. Thank you. Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 915 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 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 Packet Pg. 492  6.K.a Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short 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 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. Packet Pg. 493  6.K.a Attachment: 09_ARF_915C Pacific, LLC (COMBINED) (3765 : 915C Pacific LLC (Applicant & Property Owner) Conditional Use Permit (Short 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. 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. Packet Pg. 494  MARIBEL JOA / MARIBEL JOA & COURTNEY A. CURRIE FOR A CONDITIONAL USE PERMIT FOR A SHORT TERM RENTAL AT 304 28TH STREET, UNIT 211 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. 495  6.K.a Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARIBEL JOA [Applicant] MARIBEL JOA & COURTNEY A CURRIE [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 304 28th St, Unit 211 (GPIN 24280028662011). COUNCIL DISTRICT 6 MEETING DATE: March 19, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom, 974 square-foot unit of the Playa Rana Condominiums located at 304 28th St, Unit 211. A zoning complaint was made in 2022 for the operation of a Short Term Rental without a Conditional Use Permit; however, the complaint was with a prior owner, before the current applicant purchased the property. When the current applicant purchased the property in November 2023, she immediately applied for the Conditional Use Permit. After purchasing the property, the applicant also suspended all advertising and renting of this property as a Short Term Rental.  Considerations: The applicant is requesting to operate a two-bedroom, 974 square-foot Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of 8 approved Conditional Use Permits. There is one assigned parking space associated with this unit in the condominium’s parking lot. Playa Rana 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. There is no known opposition to this request.  Recommendation: On February 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Packet Pg. 496  6.K.a Maribel Joa Page 2 of 4 Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th St, Unit 211, 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 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. Packet Pg. 497  6.K.a Maribel Joa Page 3 of 4 Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional 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. Packet Pg. 498  6.K.a Maribel Joa Page 4 of 4 Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional 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. 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 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 499  6.K.a Applicant: Maribel Joa Agenda Item 12 Property Owner Courtney A Currie & Maribel Joa Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional Planning Commission Public Hearing February 14, 2024 City Council District 6 Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Michaela McKinney Location 304 28th Street, Unit 211 GPIN 24280028662011 Site Size 53,138 square feet (974 square feet unit) Existing Land Use and Zoning District Condominiums / OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 28th Street Hotel / OR Oceanfront Resort South 27th Half Street Single-family dwellings, multi-family dwellings/ A-12 Apartment and A-36 Apartment East Restaurant / OR Oceanfront Resort West Arctic Avenue Grocery Store and Single Family Dwellings / OR Oceanfront Resort / R-5S Residential Maribel Joa Agenda Item 12 PacketPage Pg. 1 500  6.K.a Background & Summary of Proposal Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional Site Conditions and History • This 53,138 square foot parcel contains the Playa Rana Condominiums and is zoned OR Oceanfront Resort District. According to City records, this multi-family condominium was constructed in 2008. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • When researching the property for the current request, staff discovered a past zoning complaint from 2022 for operation of a Short Term Rental without a Conditional Use Permit; however the unpermitted STR operation was by a previous property owner. The current applicant purchased the property in November 2023 and applied for the Conditional Use Permit immediately thereafter. Upon purchase of the property, the applicant also suspended all advertising and renting of this property as a Short Term Rental. • Since this property was not registered with the Commissioner of Revenue 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 January 17, 2024, is shown in the chart below: REGISTERED WITH THE CURRENTLY ADVERTISED LAST KNOWN RENTAL COMMISSIONER OF THE REVENUE No September 2023 No Short Term Rentals in the Vicinity Maribel Joa Agenda Item 12 PacketPage Pg. 2 501  6.K.a Summary of Proposal Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional The applicant is requesting a Conditional Use Permit 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 (1 space per bedroom required): 2 • Number of off-street parking spaces provided: 1 Zoning History # Request 1 CUP (Short Term Rental) Approved 07/06/2021 CUP (Short Term Rental) Approved 06/01/2021 CUP (Short Term Rental) Approved 06/01/2021 CUP (Short Term Rental) Approved 04/07/2021 CUP (Short Term Rental) Approved 10/20/2020 1 CUP (Short Term Rental) Approved 10/20/2020 CUP (Short Term Rental) Approved 09/08/2020 CUP (Short Term Rental) Approved 09/08/2020 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a two-bedroom, 974 square-foot Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of eight approved Conditional Use Permits for the operation of Short Term Rentals. There are two is one assigned parking space associated with this unit in the condominium’s parking lot. According to the City of Virginia Beach Zoning Ordinance, Appendix A, Article 23, Section 2303, (b), a., ii., “There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design.” Playa Rana Maribel Joa Agenda Item 12 PacketPage Pg. 3 502  6.K.a Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements 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 Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional application. 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 304 28th St, Unit 211, 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 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. Maribel Joa Agenda Item 12 PacketPage Pg. 4 503  6.K.a 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. Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional 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. 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. 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. Maribel Joa Agenda Item 12 PacketPage Pg. 5 504  6.K.a The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 31, 2024 and February 7, 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 January 29, 2024. • 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 February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 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 March 4, 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 March 15, 2024. Maribel Joa Agenda Item 12 PacketPage Pg. 6 505  Site Layout & Parking Plan Maribel Joa Agenda Item 12 6.K.a PacketPage 506 Pg. 7 Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional  Site Photos Maribel Joa Agenda Item 12 6.K.a PacketPage 507 Pg. 8 Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional  Disclosure Statement Maribel Joa Agenda Item 12 6.K.a PacketPage 508 Pg. 9 Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional  Disclosure Statement Maribel Joa Agenda Item 12 6.K.a Packet Page 509 Pg.10 Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional  Disclosure Statement Maribel Joa Agenda Item 12 6.K.a Packet Page 510 Pg.11 Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional  6.K.a Next Steps Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional • 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. Maribel Joa Agenda Item 12 Page Packet Pg.12 511  MARIBEL JOA STR VICINITY MAP 6.K.a Packet Pg. 512 Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A.  OR OR 6.K.a Arcti OR OR S t reet Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. 28th nue c Ave eet OR S t r 28th OR OR OR OR OR Arcti OR OR e venu nue OR c Ave fic A Paci A12 A12 A12 A36 A36 Reef A12 S t reet 27th OR R5S R5S t Co u r OR OR A12 µ Maribel Joa 304 28th Street, Unit 211 Site Property_Polygons Zoning Feet 0 15 30 60 90 120 150Packet 180 Pg. 513 Building  6.K.a Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 12 Maribel Joa RECOMMENDED FOR APPROVAL – CONSENT Ms. Cuellar: Thank you very much, and the next item will be item number 12, conditional use permit for a short-term rental. Is their representative here to speak on this item? Welcome. Hi, could you please state your name for the record. Ms. Joa: Maribel Joa. Ms. Cuellar: And are the conditions agreeable to you? Ms. Joa: Yes. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none. I've asked Commissioner Plumlee to read this item into the record. Mr. Plumlee: The applicant Maribel Joa has requested a short-term rental conditional use permit at 304 28th Street Unit 211. It has been reviewed thoroughly by our excellent staff and recommended for approval, and it's within the appropriate district. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen second it. Ms. Alcock: The vote is now open. Ms. Byler can I have your verbal really quickly? Ms. Byler: Oh, never mind, went through. Thank you. Packet Pg. 514  6.K.a Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th St, Unit 211, 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. 515  6.K.a Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional 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. 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. 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 Packet Pg. 516  all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 6.K.a Packet Pg. 517 Attachment: 10_ARF_Maribel Joa (COMBINED) (3766 : Maribel Joa (Applicant) Maribel Joa & Courtney A. Currie (Property Owner) Conditional