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 May 21, 2024 FAX (757) 385-5669 CITY ASSESSOR – SUE CUNNINGHAM CITY AUDITOR – LYNDON S. REMIAS EMAIL: CITYCOUNCIL@vbgov.com CITY CLERK – AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -CONFERENCE ROOM- 1:00 PM A. CANNABIS ADVISORY TASK FORCE UPDATE Andrew Lock, Chair – Cannabis Advisory Task Force Jason Blanchette, Vice-Chair – Cannabis Advisory Task Force (Requested by Mayor Dyer and Councilmember Berlucchi) B. VDOT LASKIN ROAD UPDATE 1:30 PM Chris Hall, Hampton Roads District Engineer – VDOT C. INTERSTATE-264/INDEPENDENCE BOULEVARD INTERCHANGE UPDATE 2:15 PM David Jarman, Transportation Division Manager – Public Works (Requested by Vice-Mayor Wilson & Council Members Ross-Hammond and Schulman) D. COLLECTIVE BARGAINING ADVISORY REFERENDUM 3:00PM Tiffany Russell, Director – Communications Dana Harmeyer, Senior City Attorney (Requested by Mayor Dyer) II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM III. CITY COUNCIL AGENDA REVIEW 4:15 PM IV. INFORMAL SESSION - CONFERENCE ROOM- 4:30 PM  A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 1. Motion to Recess to Closed Session V. FORMAL SESSION - CITY COUNCIL CHAMBER - 6:00 PM A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer B. INVOCATION Pastor Chad Douglas - Senior Pastor, New Life Tabernacle C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION 1. Certify Closed Session G. MINUTES 1. SPECIAL FORMAL SESSION April 30, 2024 2. INFORMAL and FORMAL SESSIONS May 7, 2024 3. SPECIAL FORMAL SESSION May 14, 2024 H. MAYOR'S PRESENTATIONS 1. RESOLUTION – The Worrell 1000 Race – 50th Anniversary 2. PROCLAMATION – Historic Preservation Month C. Mac Rawls accepting 3. PROCLAMATION – Public Works Week LJ Hansen, Director – Public Works 4. PROCLAMATION – Emergency Medical Services Week Deputy Chief Clay Cofer accepting I. PUBLIC HEARINGS 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION Parliament Drive Sidewalk Improvements Phase II Project, CIP 100301 2. LEASE OF CITY PROPERTY – FARMERS MARKET Building 1, Space 9 to Andrew Skipper d/b/a Skipper Farms Building 3, Space 13 to S&H Produce, Inc. J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCE/RESOLUTIONS 1. Resolution to DIRECT the City Manager to proceed with certain recommendations of the 2024 Housing Study (Requested by Council Members Hutcheson, Rouse, and Wooten) 2. Ordinance to AUTHORIZE temporary encroachments into a 100’ City-Owned man-made canal known as Ashville Bridge Creek and into a 5’ City-Owned drainage easement at the rear of 2524 Las Corrales Court re maintain two (2) existing wood floating docks, a wood fixed dock, two (2) wood fingers, wood pier, wood fence, pool, and concrete surrounding the pool DISTRICT 2 3. Ordinance to ACCEPT and APPROPRIATE $53,169 from the United States Department of Housing and Urban Development to the FY 2023-24 Housing and Neighborhood Preservation Operating Budget and AUTHORIZE a local match from work performed by existing staff re oversight and management of the Continuum of Care Program Grant Program 4. Ordinance to APPROPRIATE $1-Million from the Net Assets of the Water and Sewer Enterprise Fund to the FY 2023-24 Public Utilities Operating Budget re continue normal operation for the remainder of the fiscal year 5. Ordinance to APPROPRIATE $225,000 from the fund balance of the HUD Federal Section 8 Program Special Revenue Fund to the FY 2023-24 Housing and Neighborhood Preservation Operating Budget re cover contracted manpower for the remainder of the fiscal year L. PLANNING 1. CARL R. ELLIS, JR for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the lot to create two (2) single-family dwelling lots at 2620 Broad Bay Road DISTRICT 8 (Deferred from April 16, 2024) Applicant Request Deferral to June 18, 2024 RECOMMENDATION: APPROVAL 2. 617 VANDERBILT, LLC for a Street Closure re 375 square feet portion of an unnamed, unimproved alley adjacent to the rear of 901 Vanderbilt Avenue in Croatan DISTRICT 5 RECOMMENDATION: APPROVAL 3. McDonald Nurseries of Virginia Beach, Inc (Applicant & Property Owner) Modification of Proffers Cond RECOMMENDATION: APPROVAL 4. ALL THINGS BEAUTY for a Conditional Use Permit re tattoo parlor at 250 Jersey Avenue, Unit 245 DISTRICT 4 RECOMMENDATION: APPROVAL 5. SHANEEQUA CREIGHTON for a Condition Use Permit re family day-care at 5115 Richard Road DISTRICT 4 RECOMMENDATION: APPROVAL 6. PHENOMENAL KIDZ / CRESCENTE & MERYLL DELGADO for a Conditional Use Permit re family day-care at 1600 Castlefield Road DISTRICT 7 RECOMMENDATION: APPROVAL  7. INTI & LUGH VENTURES, LLC d/b/a RELIABLE DETAILERS / TIMBERLAKE SHOPPING CENTER ASSOCIATES, LLC for a Conditional Use Permit re car wash facility at 4239 Holland Road, Suite 772 DISTRICT 10 RECOMMENDATION: APPROVAL 8. MICHAEL O’ CONNOR / MICHAEL H & CHERYL K. O’CONNOR for a Conditional Use Permit re short-term rental at 303 Atlantic Avenue, Unit 1202 DISTRICT 5 RECOMMENDATION: APPROVAL 9. JAMES MOORE for a Conditional Use Permit re short-term rental at 919 Pacific Avenue, Unit A & C DISTRICT 5 RECOMMENDATION: APPROVAL 10. City of Virginia Beach - An ordinance to amend Sections 201 and 206 of the City Zoning Ordinance per 11. Ordinance to AMEND Section 111 of the City Zoning Ordinance (CZO) re the definitions of permanent cosmetic tattooing, personal service establishments, and tattoo parlor and ADD Section 209.8 to the CZO re provisions of permanent cosmetic tattooing M. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT  ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************  5.I.1 Packet Pg. 6 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION  5.I.1 Packet Pg. 7 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION  5.I.1 Packet Pg. 8 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION  5.I.1 Packet Pg. 9 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION  5.I.1 Packet Pg. 10 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION  5.I.2 Packet Pg. 11 Communication: LEASE OF CITY PROPERTY – FARMERS MARKET (PUBLIC HEARINGS)  5.I.2 Packet Pg. 12 Communication: LEASE OF CITY PROPERTY – FARMERS MARKET (PUBLIC HEARINGS)  5.I.2 Packet Pg. 13 Communication: LEASE OF CITY PROPERTY – FARMERS MARKET (PUBLIC HEARINGS)  5.I.2 Packet Pg. 14 Communication: LEASE OF CITY PROPERTY – FARMERS MARKET (PUBLIC HEARINGS)  5.I.2 Packet Pg. 15 Communication: LEASE OF CITY PROPERTY – FARMERS MARKET (PUBLIC HEARINGS)  5.I.2 Packet Pg. 16 Communication: LEASE OF CITY PROPERTY – FARMERS MARKET (PUBLIC HEARINGS)  5.I.2 Packet Pg. 17 Communication: LEASE OF CITY PROPERTY – FARMERS MARKET (PUBLIC HEARINGS)  5.I.2 Packet Pg. 18 Communication: LEASE OF CITY PROPERTY – FARMERS MARKET (PUBLIC HEARINGS) Packet Pg. 19 5.K.1.a Attachment: Resolution to Direct the City Manager to Proceed with Certain Recommendations of the 2024 Housing Study (3908 : Resolution to Packet Pg. 20 5.K.1.a Attachment: Resolution to Direct the City Manager to Proceed with Certain Recommendations of the 2024 Housing Study (3908 : Resolution to Packet Pg. 21 5.K.1.a Attachment: Resolution to Direct the City Manager to Proceed with Certain Recommendations of the 2024 Housing Study (3908 : Resolution to Packet Pg. 22 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 23 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 24 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 25 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 26 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 27 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 28 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 29 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 30 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 31 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 32 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 33 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 34 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 35 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 36 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 37 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 38 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 39 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 40 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 41 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 42 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 43 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 44 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 45 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 46 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 47 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 48 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 49 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 50 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 51 5.K.2.a Attachment: Ordinance to authorize Temporary Encroachments into a 100’ City-owned man-made canal known as Ashville Bridge Creek and Packet Pg. 52 5.K.3.a Attachment: Ordinance to?Accept and?Appropriate Grant Funds for the Continuum of Care Program and to Authorize a Local Match (3903 : Packet Pg. 53 5.K.3.a Attachment: Ordinance to?Accept and?Appropriate Grant Funds for the Continuum of Care Program and to Authorize a Local Match (3903 : Packet Pg. 54 5.K.4.a Attachment: Ordinance?to?Appropriate?$1,000,000?from the?Net Assets of the?Water and Sewer Enterprise Fund?to?the FY?2023-24 Packet Pg. 55 5.K.4.a Attachment: Ordinance?to?Appropriate?$1,000,000?from the?Net Assets of the?Water and Sewer Enterprise Fund?to?the FY?2023-24 Packet Pg. 56 5.K.5.a Attachment: Ordinance to?Appropriate?$225,000?from the?Fund Balance of the?Federal Section 8 Program?Special Revenue Fund?to the FY Packet Pg. 57 5.K.5.a Attachment: Ordinance to?Appropriate?$225,000?from the?Fund Balance of the?Federal Section 8 Program?Special Revenue Fund?to the FY  5.L.1 CARL R. ELLIS, JR FOR A VARIANCE TO SECTION 4.4(B) OF THE SUBDIVISION REGULATIONS RE SUBDIVIDE THE LOT TO CREATE TWO (2) SINGLE-FAMILY DWELLING LOTS AT 2620 BROAD BAY ROAD DISTRICT 8 (DEFERRED FROM APRIL 16, 2024) Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 58  5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CARL R. ELLIS, JR. [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) for the property located at 2620 Broad Bay Road (GPIN 1499688214). COUNCIL DISTRICT 8 MEETING DATE: May 21, 2024 (Deferred on April 16, 2024)  Background: The existing lot was created by deed in 1952, prior to the adoption of the City’s Subdivision Regulations. Lot 8 is currently developed with a single-family dwelling. The applicant seeks to subdivide the lot into two single-family dwelling lots. A Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations is needed as the two proposed lots will not meet the lot width requirement of 80 feet, measured at the 30-foot front yard setback. Proposed Lot 8A is deficient by 0.97 feet and proposed Lot 8B is deficient by 1.49 feet. Except for the lot width, the proposed lots meet all the dimensional standards for property zoned R-10 Residential District. Since the Subdivision Regulations require a 50-foot right-of- way width and the current right-of-way width on this portion of Broad Bay Road is 40 feet, the applicant is proposing a 5-foot right-of-way reservation, which will be dedicated prior to the development of these lots. The proposed home styles provide high quality and attractive buildings that will be compatible with the variety of housing sizes and styles in this area. At the April 16, 2024, City Council hearing, the applicant’s representative requested a 30-day deferral to allow additional time to meet with those in the surrounding neighborhoods in opposition to the request to attempt to address their concerns related to the variance request.  Considerations: Section 9.3 of the Subdivision Regulations provide criteria for which City Council may grant Subdivision Variance requests. The Planning Commission concurred with Staff’s recommendation of the approval of this request. The applicant has agreed to Condition 3 that the dedication for the road width will occur after the plat is recorded and prior to any development of the lots. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. Seven (7) letters of support and thirty (30) letters of opposition were received for this application. Three (3) speakers were in attendance at the Planning Commission hearing and expressed concerns that the Packet Pg. 59  5.L.1.a Carl R. Ellis, Jr. Page 2 of 2 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of new homes will change the look and feel of the neighborhood, decrease property values, and affect the privacy of surrounding neighbors.  Recommendation: On March 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 2. 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled “PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY,” prepared by Gallup Surveyors & Engineers, dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance, size, colors, and materials to the elevations entitled “ PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8A”, prepared by Fentress Home Design, dated 7/11/2022, “ PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8B”, prepared by Fentress Home Design, dated 7/11/2022, and renderings entitled “ELLIS – LOT 8A – 1-17-2024” and “ELLIS – LOT 8B – 1-17-2024”, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum 50 feet wide. Said reservation for future dedication shall be a minimum of five (5) feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (7) Letter(s) of Opposition (30) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 60  5.L.1.a Applicant & Property Owner Carl R. Ellis, Jr. Agenda Item 10 Planning Commission Public Hearing March 13, 2024 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of City Council District 8 Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 2620 Broad Bay Road GPIN 1499688214 Site Size 26,681 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling / R-10 Residential Surrounding Land Uses and Zoning Districts North Single-family dwelling / R-10 Residential South Broad Bay Road Single-family dwelling / R-10 Residential East Single-family dwelling / R-10 Residential West Single-family dwelling / R-10 Residential Carl R. Ellis, Jr. Agenda Item 10 Packet Page Pg.161  5.L.1.a Background & Summary of Proposal Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of • The subject lot is zoned R-10 Residential District and is currently developed with a single-family dwelling. The lot was established by plat in March 1952 (M.B. 29, PG. 48), prior to the adoption of the City’s Subdivision and Zoning Ordinances. • The applicant seeks to subdivide the property to create two residential lots. While both lots would meet the 10,000 square foot minimum lot area requirement, the lots will not meet the lot width requirement of 80 feet measured at the 30-foot front yard setback. Therefore, a variance to Section 4.4(b) of the Subdivision Regulations is required. • As shown below, the proposed lots, Lots 8A and 8B, meet the dimensional standards for properties in the R-10 Residential District, except for the minimum lot width requirement. Required Proposed Required Proposed Required Minimum Minimum Street Line Street Line Minimum Proposed Proposed Lot Lot Width in Lot Width in Frontage in Frontage in Lot Area in Lot Area R-10 R-10 R-10 R-10 R-10 (square feet) (feet) (feet) (feet) (feet) (square feet) Lot 8A 80 79.03* 64 85.02 10,000 12,757 Lot 8B 80 78.51* 64 84.77 10,000 10,924 *Variance Requested Zoning History # Request 1 SVR (Creation of new lots without direct access to public 3 1 2 street) Approved 01/22/2002 SVR (Lot width reduction) Approved 05/13/1997 3 SVR (Creation of new lots without direct access to public street) Approved 01/28/1997 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 Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. Carl R. Ellis, Jr. Agenda Item 10 Packet Page Pg.262  5.L.1.a C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The request to address the reduction in lot width for Lots 8A and 8B is, in Staff’s opinion, acceptable. Staff believes the proposed lots will not be out of character with the surrounding area and finds the variance request to be compliant with the conditions of Section 9.3 and consistent with the Comprehensive Plan’s vision for the Suburban Area. Development within this area focuses on creating and maintaining great neighborhoods. Achieving this goal reflects on the ability for developments to maintain and enhance the existing neighborhood, to be compatible with surroundings, and provide quality and attractive buildings with effective buffering and livability. Staff finds the proposed buildings to be high quality and attractive. Condition 2 is recommended to ensure that the design and exterior building materials shown are developed in substantial conformance to the elevations, as conditioned. As stated previously, it is the intent of the applicant to subdivide the 23,681 square foot site into two lots for the development of two single-family dwellings, which requires a variance to the lot width requirement of 80 feet. Proposed Lots 8A and 8B meet all the dimensional requirements of the Zoning Ordinance for the R-10 Residential District, except for the lot width requirement, both of which are just shy of the required 80 feet. Section 4.1 (m) of the Subdivision Regulations, requires a 50-foot right-of-way width; however, the existing right-of-way is currently 40-feet wide, as originally platted in MB 29, PG 48. The applicant has agreed to provide a five-foot right-of-way reservation, as noted in Condition 3. The applicant is agreeable to this condition that the reservation for the road width will occur and will take place immediately after the plat is recorded and prior to any development of the lots. A reservation for this future dedication will be shown on the subdivision plat. Based on these considerations, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled “PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY,” prepared by Gallup Surveyors & Engineers, dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance, size, colors, and materials to the elevations entitled “ PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8A”, prepared by Fentress Home Design, dated 7/11/2022, “ PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8B”, prepared by Fentress Home Design, dated 7/11/2022, and renderings entitled “ELLIS – LOT 8A – 1-17-2024” and “ELLIS – LOT 8B – 1-17-2024”, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum 50 feet wide. Said reservation for future dedication shall be a minimum of five (5) feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. Carl R. Ellis, Jr. Agenda Item 10 Packet Page Pg.363  5.L.1.a Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) 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 recognizes this property as being within the “Suburban Area.” Guiding principles have been established in the Comprehensive Plan to guard again 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. Natural & Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 10 ADT Broad Bay Road No Data Available 1 No Data Available 1 Proposed Land Use 3 – 20 ADT 1 Average Daily Trips 2 as defined by one single-family 3 as defined by two single-family dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Broad Bay Road is a two-lane residential street. No CIP projects are planned for this area. Public Utility Impacts Water Each proposed parcel must connect to City water with a separate and exclusive water service line and meter. The existing water service line may be reused or must be abandoned. There is an existing 12-inch City water main along Broad Bay Road. Sewer Each proposed parcel must connect to City sanitary sewer with a separate and exclusive sanitary sewer lateral and cleanout. The existing sanitary sewer lateral may be reused. There is an existing 10-inch City sanitary sewer gravity main and a 6-inch City sanitary sewer force main along Broad Bay Road. Carl R. Ellis, Jr. Agenda Item 10 Packet Page Pg.464  5.L.1.a Public Outreach Information Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Planning Commission • The applicant reported that they met with the surrounding property owners. 8 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 February 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2024 and March 6, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 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 March 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 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 May 6, 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 May 17, 2024. Carl R. Ellis, Jr. Agenda Item 10 Packet Page Pg.565  Existing Site Layout Carl R. Ellis, Jr. Agenda Item 10 Packet Page Pg.666 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  Subdivision Variance Exhibit Carl R. Ellis, Jr. Agenda Item 10 Packet Page Pg.767 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  Proposed Building Rendering for Lot 8A Carl R. Ellis, Jr. Agenda Item 10 Packet Page Pg.868 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  Proposed Building Elevation for Lot 8B Carl R. Ellis, Jr. Agenda Item 10 Packet Page Pg.969 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  Site Photos Carl R. Ellis, Jr. Agenda Item 10 Packet Page Pg.1070 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  Disclosure Statement Carl R. Ellis, Jr. Agenda Item 10 Packet Page Pg.1171 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  Disclosure Statement Carl R. Ellis, Jr. Agenda Item 10 Packet Page Pg.1272 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  X Disclosure Statement 4/30/2024 Marchelle L. Coleman Carl R. Ellis, Jr. Agenda Item 10 Packet Page Pg.1373 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Next Steps Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of • 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. Carl R. Ellis, Jr. Agenda Item 10 Page Packet Pg.1474  R10 5.L.1.a o m Dr R10 Absal Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) in ive Pen R10 sula a d Absalo R o Ro a Bay B ay R10 d d ad Ro a Br o m Driv o ad e ay R ro a dB a d B o R R10 ss o M Site Property Polygons Zoning Building Carl R. Ellis, Jr 2620 Broad Bay Road µ Feet Packet Pg. 75 0 20 40 80 120 160 200 240  5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Virginia Beach Planning Commission March 13, 2024, Public Meeting Agenda Item # 10 Carl R Ellis, Jr RECOMMENDED FOR APPROVAL Madam Clerk: Okay, our next agenda item is agenda item number 10, Carl R. Ellis Jr., a subdivision variance of section 4.4(b) of the subdivision regulations at 2620 Broad Bay Road in District 8. Mr. Bourdon: Madam Chair, members of the Planning Commission, Eddie Bourdon Virginia Beach attorney represent Dr. Carl Ellis Jr. who's the applicant on this case. I have given you all, provided you all a lot of handouts. I think it's extremely important that you take a moment or two to review them. I'm going to discuss them with you. But start with very simply, Ms. Ellis has owned this property for many, many years. It is a parcel that was created on the original subdivision plat of Broad Bay Colony, which I've given you a copy of. It happens to also share its western boundary with a prior subdivision, different subdivision, different development called Broad Bay Point, and at that, where the two come together, the two parcels that were developed by separate developers on separate flats, you'll notice that the road, which I've circled on that plat in orange makes an extreme immediate turn to the northeast, and not even a turn, and creates a situation that is really the contributor to the need for this one de minimis little variance. You'll note that the two lies to be created both exceed in one case by 2,750 square feet, and the other by 924 square feet, the minimum lot size. The street frontage, you will also note 85.02 feet and 84.77 feet. It is only at the setback that one is a little less than a foot short, and the other is a little less than a foot, and a half short, but the lots are well, much larger than, than the 10,000 foot requirement. The homes are very attractive. They're also will be expensive, and they're also in keeping with the redevelopment that has been occurring over decades in both Broad Bay Colony and Broad Bay Point. Staff recommendation is acceptable. The conditions are acceptable. Most importantly, this is what has been an ongoing redevelopment over many, many, many years. You will note on what I handed out to you, a lot of lots that are, outlined in yellow, and have either the 1, 2, 3 for the 3 that were the 3 subdivisions, 1 being a 3 lot, other two being 2 lot, re-subdivisions that were done from the original platted lots, and the others labeled A through G being subdivisions of existing Packet Pg. 76  5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of original lots under these plats that were subdivided into two lots of which there are I believe 22. There are 22 current lots just on this little postage stamp on the composite map. That are highlighted, that were subdivisions of the original parcels as platted in in the plats that I gave you, and I've highlighted those original on those two plats as well. This is absolutely the way that the newer, more valuable homes have developed at, and not on slabs, but up, and let me hasten to answer a question that was asked this morning. This property, the only CVPA impact is on the front. Of the property, not where the houses are to be built. There's no RPA encroachment at all with these two lots. The property next door, I've labeled G, and I've provided you with the subdivision plat of that property that was done in the year 2000. That piece of property had just barely 20, 000 square feet, and two lots that were created that just barely get over the 10,000 square feet. Very, very much similar to these only smaller. No right-of-way dedication or reservation, even though the subdivision order is the same then as it is now, was required. Had it been, they wouldn't have had, 10,000 square feet per lot. The lot that's labeled one, the two lot subdivision there, there's no road frontage. That was a variance for that one. The variances on lot two, or the variance on lot two was for a 70 feet lot width, instead of a 80 feet lot with granted, and again the three, which is kind of off the side Bay Road that also was a lot frontage variance to not lot frontage, on a public street. So, the notion that this is somehow, I'm going to set some precedent, not at all. This is the type of organic redevelopment that we're blessed in the City of Virginia Beach to have. This property has been zoned R-10 since we got, since we've had zoning. It just so happens that it was platted before we had zoning or subdivision ordinance, if we'd had a zoning and a subdivision ordinance, the issue with the starting of this plat, and the road the way it begins, which creates the problem would not have occurred, but we didn't have a subdivision ordinance when these subdivisions were put to record back in the early 1950s, but the simple fact of the matter is there, of the people who, and I've given you petitions of folks who are in favor of this application, the folks who've given you opposition, 13 of those people that y'all had the map bought this morning with the stars, 13 of those are on lots that are re-subdivisions of original lots, and these roads are not 50 foot roads on Bay Island, they're narrower right of ways, and the value difference is incredible. The property adjacent that I've listed is G. It's given you the addresses, and it's got, it's got actually a picture of both of the houses. The original, before it was subdivided into two lots, the land was valued at 100,000, just the land, and the, the year after it was subdivided, each lot was worth 130,000 or 260,000. The houses on those lots today, the lots are worth 400 or assessed at $431,000 to $432,000 each, and the total values are Packet Pg. 77  5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of $790 and $770. The lots at number two, those lots are all and the houses are all well over a million, and when the property was subdivided into three lots, the value of the whole thing was in the mid-four range. So it's organic redevelopment, and the houses that were built originally have zero stormwater. There was no stormwater ordinance for many years after these plats, even after we had zoning. So the redevelopment, as it's been occurring, at least on those lots, there is, and they will be required for quality reasons, for stormwater quality, they will have to implement BMP’s for that. They’re not on site holding of the water, other than to meet the quality requirements. So that’s another benefit. So there will be stormwater quality benefit, by the redevelopment of this lot, just as been the case with the majority of the other ones that are noted on the exhibit I have passed out to everyone, and so just to be clear, when I read this petition, there’s a lot of things in there that are just not factually accurate with the history of these properties, and these two subdivisions on the Bay Island, and these will be high quality homes that will not do anything other than. The negative is, it continues to increase in property values, and the taxes that along with it. I will be happy to answer any questions? Ms. Cuellar: Thank you. Are there any questions? Mr. Mauch? Mr. Mauch: How many of the 22 previously subdivided lots are opposed to subdividing? Mr. Bourdon; There’re 13, that I counted on the map, because I had all those map. There were 13 of those including Ms. Black, who subdivided lots directly adjacent to Dr. Ellis. Ms. Black tried to get Dr. Ellis to provide her with some additional land because the initial survey that she had done on her property actually indicate that she had less than 10,000 square feet. Then she had another surveyor go out and survey it to determine that she had a little more than 10,000 square feet, but Dr. Ellis knew that, you know, if he was gonna subdivide what she planned on doing he needed every inch of the width, so he couldn't give her property off of his east side, so she would have 10,000, but then, a surveyor certified that she did have 10,000, a little over 10,000, but that was without having to do any right-of-way dedication, which Dr. Ellis is able to do. Mr. Mauch: Maybe this is for staff, but with what he's provided about this being done before a President already being there? Is that the case in your eyes? Ms. Cuellar: I don't have a copy of what was provided because I wanted to make sure there was enough for the group. Packet Pg. 78  5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Mr. Mauch: You can answer that question after review. You don't have to wait. Seems like Commissioner Byler might have a question in the meantime. Ms. Cuellar: Commissioner Byler. Ms. Byler: Attorney Bourdon, you indicate if I heard correctly that there were 13 other lots of this, and they're now opposing, but in fact, they're sitting on redeveloped lots, correct? Mr. Bourdon: Thirteen of the people who sent in the form letters, they all sent in, are people who live in houses on lots that were created by dividing the original lots. Ms. Byler: Previously re-subdivided. So are all 13 of those lots that did not meet the minimum 80 foot width requirement? Mr. Bourdon: No, I didn't suggest that. I didn't suggest that. It's a character of the neighborhood argument, and that they'll devalue, that there'll be cheap lots, that those, that are set forth, but there are three just in this area. There are others, there are others on Bay Island. These aren't the only three that were approved, these subdivisions that were approved with variances either. There are other, this, I just used this -- just this little subset. There are plenty more. I didn't do the whole, you know, the whole Bay Island. This was sufficient to show that it's, it's in character with and it's, again, it, these lots, you know, these two lots are well over 10,000 square feet versus, and that's with giving the city a right-of-way, you know, dedication, which couldn't be done next door. They wouldn't have had -- they wouldn't have had 10,000 square feet, and these are lot. Ms. Byler: Right. So they're in excess of the square footage requirement, but they still do not meet the 80 feet width requirement. Mr. Bourdon: Don't meet the 80 feet width at the 30 feet setback. Ms. Byler: I just wanted to make sure we weren't -- that we were comparing different items because they're not the same. Those 13 who objected. Mr. Bourdon: People are free to object. I'm no one suggesting, that I didn't say they couldn't object. I simply said that the basis for their objections stated in their form letter isn't accurate. These aren't cheap lots. It's not changing the character of the neighborhood. They're -- it's been going on in this neighborhood for decades, and will continue to. Packet Pg. 79  5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Ms. Byler: It's just that these lots don't meet the 80 feet required minimum. That's the distinction. Some have been approved with variances because they don't meet street frontage or lot width. Not just these three that are shown in, that the city has noted in that area, there are others on the island that are in the same. Whether or not anyone, and I didn’t look. I mean, it’s possible. I don’t recall trying to make the determination, I was looking in there, and you had the red stars up there, but actually, I do think that I am pretty sure, one of them, but I had to look at the map with the red stars with the one they got the 70 foot, the lot, not the person objecting, that has the lot with the 70 feet frontage instead on the opposite side of Broad Bay Road. Ms. Cuellar: Any other questions? Madam clerk, do we have any speakers on this item? Madam Clerk: Yes, ma’am, we have Stacy Lawler, followed by Robert Lawler. Mr. Lawler: Good afternoon Planning Commission. My name is Rob Lawler. I'm a homeowner at 2032 Long Creek Road in Bay Island. I live within 500 feet of the proposed variance request to allow for the subdivision of a lot at 2620 Broad Bay Road to build two homes. I am here to strongly oppose the subdivision and variance requests. I believe, and my neighbors believe, this request sets an incredibly poor precedent for all planned neighborhoods in Virginia Beach. All zoning laws are enacted for a purpose, and this is especially true, for residential neighborhoods. When these laws are not protected, it compromises the reason people purchase and invest in their communities. The existing lot minimums are in place for a reason. When you start compromising with variance, especially when it's significant, it's building two homes on a lot zone for one, you put the integrity of all neighborhoods on a slippery slope. It is very important to note, 30 neighbors within 500 feet of 2620 Broad Bay Island are very much opposed to this variance request. Conversely, there is one residence within 500 feet in favor. Simple math, 30 against, 1 in favor. All viewers sent copies. A Form Letter that was personally signed, read, and commented on by the 30 people post this variance request. These letters were mailed to Marchelle Coleman, Planning Development City Planner, Virginia Beach on March 7th. Ms. Coleman said she would forward these letters to the Planning Commission, and City Council for review prior to this meeting. I'm assuming you all had a chance to review them. A few, or in this case, the one, should not take precedence over the vast majority of neighbors near the property who opposed this variance request. It's a simple argument. The laws are the laws. Zoning laws are in place for a reason, and I'm asking, on behalf of myself, and the 30 people opposed to this variance, to simply maintain the integrity of the established zoning laws in place. Thank you for your time. Packet Pg. 80  5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Ms. Cuellar: Thank you very much. Madam Clerk: Beth Dubinsky, and Dennis will follow Beth. Ms. Dubinsky: Hello, my name is Beth Dubinsky, and I live at -- my husband and I own 2030 Long Creek Road, and it is adjacent to 2620 Broad Bay Road. The handout that I'm giving, Mr. Ellis Rick's house is in the middle. The Jarvis’s house is next to the White House, and then my house is the one that's pinned, so the majority of my backyard butts up next to Rick's backyard. Both my husband and I, we strongly oppose this request for the zoning variance to subdivide the property. I've only been on Long Creek Road since about 2016, and we were drawn to the property because of the charm of the neighborhood, and the privacy of the backyard. I respectfully disagree that the way of the neighborhood is keeping those, you know, half acre lot, people are bulldozing and building new, which is exactly what my husband and I did. We moved into a house that was built in 62, bought it from the children of the original owner, and much to our surprise, the none of the wiring, and the plumbing was up to code, so we had to do something. We didn't even think to subdivide our lot. We wanted to keep the integrity of the neighborhood and our privacy. I think it is an expectation that when you buy a piece of property in an established neighborhood such as Bay Island, that the property lines that have been there for decades will remain the same. Our backyard, like I said, does directly face Mr. Ellis's backyard and the proposal that he has to put the houses on there is going to, this two story house is going to directly overlook our backyard, and I know that some houses are like that, and that they buy, you know, but that's not the piece of property that we bought, and there's no guarantee how far back on the property he's going to go. I know in the letter that he sent to, you know, walked around the neighborhood, he said that he was going to set the houses as far back as he could on the property, that's going to be right up to my backyard. I would also like to point out that six of the seven letters in support of the variance request live quite far away our pieces of property. There, you know, some of them are almost a mile away, and that’s not gonna affect their daily life and their property. When they go out and sit in their backyard, they're not gonna worry, you know, someone staring down at them. That's about all I have to say, and I just appreciate the time today to speak and have you listen to my thoughts on this issue. Ms. Cuellar: Thank you very much for being with us. Any questions? Madam Clerk: Our last speaker is Dennis Janikowski. Packet Pg. 81  5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Mr. Janikowski: Good afternoon. I'm Dennis Janikowski. Thank you for hearing my perspective today. I am one of the people that is on the next door. I live next door to Rick Ellis. I'm on the subdivided lot that Ms. Black separated years ago. Interestingly, on our size of our lot, there's no windows on the side that were so close to Barbara Black, but on the side of the house facing Rick Ellis, we've got bedroom windows, kitchen windows, living room windows. So part of our personal concern is for our privacy. I have passed out a few things that are maybe also discuss what the lawyer had brought up. For one, I think when you, we bought on the island because when you drive around there, it has character. There's one road in, one road out. The Planning Commission details did not discuss traffic, but the city's been studying traffic and speeding on the island for the last 20 years, and it's a problem. They're about to put in eight speed tables in our neighborhood. So more density in our neighborhood is not super desirable to a lot of people. That's why I think we focused, we went around and with the “Form Letter” and asked the neighbors, the only neighbors within 500 feet. We didn't go out to friends and family that are somewhere else in the neighborhood, and 30 people said that they were opposed to this. They did not want increased density. They did not support the idea of dividing lots. So one of those handouts has just probably the same thing your stars had, but it was reflecting how many people within 500 feet that answered the door because not everybody, the other people didn't oppose only one person. There were two people who opposed, one of them changed their mind, and rather supported. One changed their mind and opposed later on. When it comes to the division of plats that the lawyer brought up, that may be true, or I believe it's true, but I don't know when that happened, but if you drive around the island today, you will see that there are certain homes that it looks like, yep, that's a split lot. One of those handouts that's in there is, I think it's 2000 White Hill Road, and 2029 Hackberry. That's an example of a typical what people are doing when they split the lots. When we moved into the island in 2003, we've been there 24 years. In 2001, we were told there were 384 homes on the island. I've heard recently that there's 410. I can't verify that, but it does say that there has been some precedent for splitting homes. What you normally see when people split homes is they split it with a pretty big nicer home, or they knock down a ranch, and they put a pretty big nice home on that ranch. One of those drawings, I think the context if you just look at the plat that he's suggesting or wants to build on, it doesn't consider the lots that are next door or nearby. So I ask a CAD expert to draw that. I wanted to see what my land and my house looks like right next to his, in part to understand the privacy implications, the flooding Packet Pg. 82  5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of implications, what we might have to do to put up landscaping. So we're not looking into their yard, et cetera. Part of what we see in that drawing is a place in our yard. We're like the low part of the saucer bowl. Where we have flooding is kind of right up close to where his house is. So, if they raise the land or if water is not dripping through the way that it does today, we risk increased flooding to our piece of land. I know we're going to have to put in landscaping and suffer costs if we need to, add to the privacy that we have today. So those are personal impacts. Most of what I've been thinking about over the last weeks, and as I talked to all the neighbors was the precedent to the neighborhood. One that drawing that has my house, and the two of his, you will see at least from a Square footage of the footprint of the property. Ours is like 22,00 square feet, and the property adjacent to us would be 1,530 square feet. So that's about 70%. That's also 70% of what he has on the property today. So, it's not putting a nice big house in there, like is the precedent that I'm used to seeing on the island. Thank you very much. Ms. Cuellar: Thank you very much for being here. Excuse me, we have a question. Commissioner Plumlee. Mr. Plumlee: Do you know if there's any private covenant restricting these lots from subdivision or to a one-single family home? Mr. Janikowski: I don't know if I said in my intro, but I'm an IT guy who happens to live next door, and cares about our neighborhood, and I don't know about that. Mr. Plumlee: But with regards to your title when you bought your house, you don't recall there being a covenant saying this is restricted to one dwelling on this one lot? Mr. Janikowski: No, but I mean, our yard so there was commentary about 20,000 square feet that got divided into two pieces and, both being, I guess, just barely above 10,000. We think rules are rules, and if it's 10,000, it's a good enough, if the minimum wasn't good enough, it wouldn't be the minimum. Mr. Plumlee: So it's not subdividing, it's just simply the size of the lot. Mr. Janikowski: On our lot, I think you're asking. Mr. Plumlee: With regards to this proposal, I don't want to mistake you. You're saying, you object to it subdividing because of the size of the lot, not because of the actual subdivide, was that fair? Packet Pg. 83  5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Mr. Janikowski: We object to the division of the lot because it's not meeting the code. There's no homeowner's association to enforce what is supposed to happen about the look and feel of our neighborhood, except for the zoning laws. He does not meet the frontage requirement. There was commentary that we don't meet the frontage requirement, but that must not have been a requirement when our house was built, so I can't do anything about that. Mr. Plumlee: Understood. Ms. Cuellar: I think we needed this back. There's a little note. Madam Clerk: That was our last speaker, Madam Chairman. Ms. Cuellar: Thank you very much. Madam Clerk, did you say that was the last speaker? Okay, thank you. I'd like to open this up for discussion. Mr. Bourdon: So just to be clear, there is no, there are no deed restrictions that restrict the division of lots in either of these two original neighborhoods, and these homes that are proposed will meet all setback requirements, and they don't exceed or even get to the height limit. The issue or the concern about, somebody being to look into your backyard that exists everywhere, and there's again, there's nothing non-conforming about these two lots, other than the width at the 30 feet setback, which is caused by the way the road was platted, which is a hardship, and it's unique to this piece of property. These issues sometimes, unfortunately, turn into popularity contests, but land use isn't a popularity contest. The fact that Dr. Ellis is not building a super large house, is then used as an objection. I don't quite get that. He could have built a bigger house, and have more rooms looking across the fence, or whatever the case may be, but the orientation, and the gentleman who spoke his, where he lives was one of the last that was subdivided. I don't believe, and I didn't assert that it didn't meet the lot square footage, nor the lot width from my, from what I understand. It's one on the opposite side of the street from him that that's the case, and didn't have the frontage on the street. There's been a varying interpretation over the years as to whether these streets, the side streets or public streets or not, and that's one of the reasons why there are a whole lot of variances on the island that aren't just shown here, because they, for many years, were not treated as being public streets. So, you're getting variances to split lots that didn't even have frontage on a public street, because the City didn't maintain them because they were way below the required width the street. That's not the case with this application at all, and as is demonstrated this issue that it's somehow going to be, you know, other than privacy, which isn't something that land use doesn't give you the right to restrict, what someone else can do on their property that might look into or be able to see whether they're looking or not, is irrelevant Packet Pg. 84  5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of into your backyard. So, staff's recommendation is consistent with the development pattern that has taken place here. The variance is de minimis, and it will have no impact on the location of the dwellings on either lot at all, and again, the lots aren't being overbuilt at all, and there is no CVPA impact at all. Happy to answer any questions Ms. Cuellar: Commissioner Mauch? Mr. Mauch: I just wanted to get clarification on what he had said earlier, and I think y'all have had some time to research. What were the, was what he said, have there been multiple variances in this similar fashion? Ms. Gordon: Yes, there have been. We've looked just within about a 500 foot radius across the street on Broad Bay is the variance we spoke about this morning that has seven foot. There were three lots, and there was a seven foot deficiency, then there are other lots, maybe four more or four applications that encompass multiple lots, that either had no frontage on a public street, they are on private streets, or they constituted a flag lot. Mr. Mauch: Were there any that had multiple variances on multiple lots or variances on multiple lots? Ms. Gordon: Yes, there are some on Hackberry, Bay Road. As Mr. Bourdon mentioned some of these are private streets, so there is no frontage on a public street in those cases, and they cover multiple lots. Mr. Bourdon: I could add, we could have done this, so that one of the lots didn't need a variance and the other one did. I mean, the number, I mean, we tried to keep them so they were as absolutely close to everything as we could. That's why they're so de minimis. But, you know, that's the reason for it. Again, it's because of the strange angle of the road that we have this issue. Ms. Cuellar: Mr. Anderson. Mr. Anderson: Ms. Gordon, I don't think this matters too much, but I'm just curious. Is Dr. Ellis planning on living in one of these houses and selling the other? Mr. Bourdon: Yeah, yes, he is, yes, and he's in Richmond. He is testifying in a court hearing today. He wanted to be here, but, he hoped it would get settled, but it didn't get settled. But yes, that's correct. Ms. Cuellar: Thank you. Now we'll open it for discussion. Packet Pg. 85  5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Mr. Plumlee: I'll just put my thoughts in real quick. I think when it comes to the architectural character of a neighborhood, you look to the originators of the neighborhood. Typically, when there is an intent to restrict the size of the lots to one home, you'll find a private covenant even going back to the 40’s and 50’s before there was a City of Virginia Beach. Then the city overlays its policy of keeping the architectural character of a neighborhood. I've been through Broad Bay Island many times, and I've seen it, I think what is really unique about it is that it doesn't have a uniform character. There is not monotony in the design, and I don't find it offensive to subdivide this lot, to accommodate these, and make the small variance. There have been plenty of variances, so when we talk about precedence, I ask, what did the people who develop this neighborhood intend? It doesn't appear as though they intended to restrict these from being subdivided or they would have made -- many neighborhoods in Virginia Beach, have private covenants restricting the subdivision. There was a famous case Judge Morgan, who's now deceased, took all the way to the Supreme Court of Virginia trying to subdivide his lot in Bay Colony, but there was a private covenant on the property, and the Supreme Court upheld it, and even a federally appointed lifetime appointment couldn't overcome that straight up law. So, I would support this. Ms. Cuellar: Is there any other discussion? So I just wanted to comment, this is in my district. I find the opposition to be significant. I do think it's important that we respect our current zoning standards. So I'll be opposing this today. So, do we have a motion? Mr. Plumlee: I'll move to approve. Ms. Hippen: Second. Ms. Cuellar: So we have a motion by Commissioner Plumlee, a second by Commissioner Hippen. Is there anyone abstaining today? Madam Clerk? Madam Clerk: The vote is open. By a vote of 8 to 2, item number 10 has been recommended for approval. Packet Pg. 86  5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of AYE 8 NAY 2 ABS 0 ABSENT 1 Alcaraz ABSENT Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar NAY Estaris NAY Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled “PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY,” prepared by Gallup Surveyors & Engineers, dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance, size, colors, and materials to the elevations entitled “ PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8A”, prepared by Fentress Home Design, dated 7/11/2022, “ PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8B”, prepared by Fentress Home Design, dated 7/11/2022, and renderings entitled “ELLIS – LOT 8A – 1-17-2024” and “ELLIS – LOT 8B – 1-17-2024”, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum 50 feet wide. Said reservation for future dedication shall be a minimum of five (5) feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. Packet Pg. 87 Packet Pg. 88 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 89 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 90 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 91 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 92 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 93 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 94 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 95 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 96 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 97 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 98 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 99 5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 100 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 101 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 102 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 103 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 104 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 105 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 106 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 107 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 108 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 109 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 110 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 111 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 112 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 113 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 114 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 115 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 116 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 117 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 118 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 119 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 120 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 121 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. I f allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name M G r \ - ; A n G • 0 \ 4 &I) Address ? 4 , 5 2 , c o c a & k , i ( ( d \ Date 3/q/aL Comments Packet Pg. 122  5.L.1.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. I f allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Son Roy Addre 2va ate /2.2.4 Comments k‘ipt- Packet Pg. 123  5.L.1.a Packet Pg. 124 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.1.a Packet Pg. 125 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3909 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  5.L.2 617 VANDERBILT, LLC FOR A STREET CLOSURE RE 375 SQUARE FEET PORTION OF AN UNNAMED, UNIMPROVED ALLEY ADJACENT TO THE REAR OF 901 VANDERBILT AVENUE IN CROATAN 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. 126  5.L.2.a Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of 617 Vanderbilt, LLC for the Closure of One- half of an Unnamed, Unimproved Alley Adjacent to the Rear of 901 Vanderbilt Avenue in Croatan MEETING DATE: May 21, 2024  Background: 617 Vanderbilt, LLC, a Virginia limited liability company (the “Applicant”), requested the closure of approximately 375 square feet of an unnamed, unimproved alley (the “Right-of-Way”) adjacent to the rear of its property located at 901 Vanderbilt Avenue (GPIN 2426-37-7356), for the purpose of incorporating the closed area into its adjoining property.  Considerations: This street closure request is consistent with City Council’s policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been approved within the Croatan neighborhood. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the request.  Recommendation: On April 10, 2024, the Planning Commission passed a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council, with the following conditions: 1. The City Attorney’s Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the “Policy Regarding Purchase of City’s Interest in Streets Pursuant to Street Closures,” approved by City Council. Copies of the policy are available in the Planning Department. It has been determined that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to the final street closure Packet Pg. 127  5.L.2.a 617 Vanderbilt, LLC Page 2 of 2 Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt approval. Said plat must include the dedication of a 5-foot-wide public drainage easement within the area for closure to the City of Virginia Beach, subject to approval of the Department of Public Works and the City Attorney’s Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not fulfilled and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of-Way, this approval shall be considered null and void.  Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 128  5.L.2.a Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt 1 ORDINANCE APPROVING APPLICATION OF 2 617 VANDERBILT, LLC FOR THE CLOSURE OF 3 ONE-HALF OF AN UNNAMED, UNIMPROVED 4 ALLEY ADJACENT TO THE REAR OF 901 5 VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, 617 Vanderbilt, LLC, a Virginia limited liability company (the 8 “Applicant”), applied to the Council of the City of Virginia Beach, Virginia, to have the 9 hereinafter described portion of an unnamed, unimproved right-of-way discontinued, 10 closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council’s adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described portion of unimproved right-of-way (the “Right-of- 22 Way”) be discontinued, closed and vacated, subject to certain conditions being met on 23 or before one (1) year from City Council’s adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as “7.5’ OF ALLEY TO BE CLOSED” and shown 28 as the hatched area on that certain street closure exhibit 29 entitled: “STREET CLOSURE EXHIBIT FOR 617 30 VANDERBILT, LLC LOT D2 (M.B. 24, PG. 37) VIRGINIA 31 BEACH, VA”, dated January 2, 2023, prepared by MAS-LD, 32 a copy of which is attached hereto as Exhibit A. 33 34 SECTION II 35 36 The following conditions must be met on or before one (1) year from City 37 Council’s adoption of this ordinance: 38 39 1. The City Attorney’s Office will make the final determination regarding 40 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 41 Beach shall be determined according to the “Policy Regarding Purchase of City’s 42 Interest in Streets Pursuant to Street Closures,” approved by City Council. Copies of the 43 44 No GPIN assigned (City Right-of-Way) 45 Adjacent to GPIN: 2426-37-7356 Packet Pg. 129  5.L.2.a Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt 46 policy are available in the Planning Department. It has been determined that the 47 purchase price to be paid to the City shall be $3,000, which is consistent with similar 48 street closures in this area. 49 50 2. The Applicant shall resubdivide the property and vacate internal lot lines to 51 incorporate the closed area into the adjoining parcel. The resubdivision plat must be 52 submitted and approved for recordation prior to the final street closure approval. Said 53 plat must include the dedication of a 5-foot-wide public drainage easement within the 54 area for closure to the City of Virginia Beach, subject to approval of the Department of 55 Public Works and the City Attorney’s Office, which easement shall include a right of 56 reasonable ingress and egress. 57 58 3. The Applicant shall verify that no private utilities exist within the Right-of- 59 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 60 company shall be provided. 61 62 4. Closure of the Right-of-Way shall be contingent upon compliance with the 63 above stated conditions within 365 days of approval by City Council. If the conditions 64 noted above are not fulfilled and the final plat is not approved for recordation within one 65 year of the City Council vote to close the Right-of-Way, this approval shall be 66 considered null and void. 67 68 SECTION III 69 70 1. If the preceding conditions are not fulfilled on or before May 20, 2025, this 71 Ordinance will be deemed null and void without further action by the City Council. 72 73 2. If all conditions are met on or before May 20, 2025, the date of final 74 closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if 78 any, that may be requested to convey such interest, provided said documents are 79 approved by the City Attorney’s Office. 80 81 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk’s Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH (as “Grantor”) and 617 VANDERBILT, LLC (as Grantee”). 86 87 Adopted by the Council of the City of Virginia Beach, Virginia, on this ______ day 88 of _____________. 2024. Packet Pg. 130  5.L.2.a Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: __________________________ __________________________ Planning Department City Attorney CA16282 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d024\p043\00961830.doc R-1 April 30, 2024 Packet Pg. 131  5.L.2.a Applicant 617 Vanderbilt, LLC Agenda Item Planning Commission Public Hearing April 10, 2024 Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt City Council District 5 8 Request Street Closure (Portion of the unimproved 15’ Alley) Staff Recommendation Approval Staff Planner Hoa N. Dao Location 7.5-foot by 50-foot portion of an unimproved alley adjacent to 901 Vanderbilt Avenue GPIN Adjacent to 2426377356 Site Size 375 square feet AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Atlantic Ocean Existing Land Use and Zoning District Single-family dwelling / R-10 Residential Surrounding Land Uses and Zoning Districts North Unimproved right-of-way Single-family dwelling / R-10 Residential South City beach parking lot / P-1 Preservation East Vanderbilt Avenue Single-family dwelling / R-10 Residential West Single-family dwelling / R-10 Residential 617 Vanderbilt, LLC Agenda Item 8 PacketPage Pg. 132  5.L.2.a Background & Summary of Proposal Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt • The applicant is requesting to close a portion of an unnamed and unimproved alley located between 900 Surfside Avenue and 901 Vanderbilt Avenue. As shown on the submitted street closure exhibit, the proposal includes closure of half of the 15-foot-wide alley, totaling 375 square feet, and incorporating that land into the adjacent residential lot, identified as Lot D2 of Croatan Beach. • The applicant is constructing a single-family home at 901 Vanderbilt Avenue and seeks to close this portion of the alley to install a swimming pool and privacy fence in their backyard. • The construction plan for the single-family dwelling was approved on 2022 and a BZA Variance was granted in 1995 to reduce the side yard setback to 2-feet. 2 3 1 Zoning History 4 5 # Request 1 STC Approved 08/17/2021 2 STC Approved 01/22/2008 3 STC Approved 02/28/2006 4 STC Approved 01/31/2006 5 STC Approved 09/23/2003 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 As required by City Code, a Viewers’ Meeting was held on February 21, 2024, that included City Staff from the Departments of Public Works, Public Utilities, Planning & Community Development, and the Office of the City Attorney, to consider this request. The Viewers determined that the proposed closure will not result in any public inconvenience; therefore, closure of this portion of the right-of-way was deemed acceptable. Similar requests to close unimproved alleys have previously been reviewed and approved by City Council for closure of alleys within this portion of Croatan Beach. As shown on the Zoning History map above, street closure requests for adjacent properties on this block have been approved and have not resulted in any public inconvenience. Staff is recommending a condition to require a 5-foot-wide public drainage easement for this closed portion of the alley. Based on the considerations above, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. 617 Vanderbilt, LLC Agenda Item 8 PacketPage Pg. 2133  5.L.2.a Recommended Conditions Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt 1. The City Attorney’s Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the “Policy Regarding Purchase of City’s Interest in Streets Pursuant to Street Closures,” approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of a 5-foot-wide public drainage easement within the area for closure, subject to approval of the Department of Public Works and the City Attorney’s Office. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not fulfilled and the final plat is not approved for recordation within one (1) year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. 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. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. No significant natural or cultural resources appear to be associated with the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 11, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on April 4, 2024. 617 Vanderbilt, LLC Agenda Item 8 PacketPage Pg. 3134  5.L.2.a City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt 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 May 6, 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 May 17, 2024. 617 Vanderbilt, LLC Agenda Item 8 PacketPage Pg. 4135  Proposed Street Closure Exhibit 617 Vanderbilt, LLC Agenda Item 8 PacketPage Pg. 5136 5.L.2.a Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt  Proposed Development 617 Vanderbilt, LLC Agenda Item 8 PacketPage Pg. 6137 5.L.2.a Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt  Site Photos 617 Vanderbilt, LLC Agenda Item 8 PacketPage Pg. 7138 5.L.2.a Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt  Disclosure Statement 617 Vanderbilt, LLC Agenda Item 8 PacketPage Pg. 8139 5.L.2.a Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt  Disclosure Statement 617 Vanderbilt, LLC Agenda Item 8 PacketPage Pg. 9140 5.L.2.a Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt  Disclosure Statement 617 Vanderbilt, LLC Agenda Item 8 Page Packet Pg.10141 5.L.2.a Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt  5.L.2.a Next Steps Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt • 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. 617 Vanderbilt, LLC Agenda Item 8 Page Packet Pg.1142  5.L.2.a Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt Virginia Beach Planning Commission April 4, 2024, Public Meeting Agenda Item # 8 617 Vanderbilt, LLC RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Item number 8, 617 Vanderbilt, LLC. Mr. Bourdon: Again, thank you. This Eddie Bourdon, Virginia Beach's attorney representing the applicant. I appreciate Hoa’s work on this application. All four conditions as recommended in the staff report are acceptable to the applicant. Ms. Cuellar: Thank you, Mr. Bourdon. Is there any opposition to having this placed on the consent agenda? Hearing none, I have asked Commissioner Hippen to read this into the record. Ms. Hippen: The applicant is requesting to close a portion of an unnamed and unimproved alley between 900 Surfside Avenue and 901 Vanderbilt Avenue. The proposal includes closure of half of the 15-foot wide alley totaling 375 square feet. The applicant is constructing a single family home at 901 Vanderbilt Avenue, and seeks to close this portion of the alley to install a swimming pool and a privacy fence in their backyard. The construction of the single-family dwelling was approved in 2022, and a BZA variance was granted in 1995 to reduce the side yard setback to 2 feet. With staff and planning commission approval recommended, and hearing no opposition we ask that this placed on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from – Packet Pg. 143  5.L.2.a Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn’t record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hippen AYE Mauch AYE Parks ABSENT Plumlee AYE CONDITIONS 1. The City Attorney’s Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the “Policy Regarding Purchase of City’s Interest in Streets Pursuant to Street Closures,” approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of a 5-foot-wide public drainage easement within the area for closure, subject to approval of the Department of Public Works and the City Attorney’s Office. Packet Pg. 144  5.L.2.a Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Closure Adjacent Address: 901 Vanderbilt 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not fulfilled and the final plat is not approved for recordation within one (1) year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. Packet Pg. 145  5.L.2.a R10 id Surfs R10 erb Attachment: 02_ARF Package for 617 Vanderbilt, LLC (3910 : 617 Vanderbilt, LLC (Applicant) Street Vand e Ave enue ilt Av nue R10 R10 R10 P1 Site Property Polygons Zoning Building 617 Vanderbilt, LLC 901 Vanderbilt Avenue µ Feet 0 5 10 20 30 40 50 60 Packet Pg. 146  5.L.3 MCDONALD NURSERIES OF VIRGINIA BEACH, INC (APPLICANT & PROPERTY OWNER) MODIFICATION OF PROFFERS COND 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. 147  5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCDONALD NURSERIES OF VIRGINIA BEACH, INC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning, Conditional Use Permit (Bulk Storage Yard) for the property located at 1144 Independence Boulevard, 4015 Mason Street, parcel directly west of 1144 Independence Boulevard, and 4011, 4017, 4021 Mason Street (GPINs 1478577429, 1478572695, Portion of 1478575009, 1478578655, 1478577656, 1478576658). COUNCIL DISTRICT 9 MEETING DATE: May 21, 2024  Background: Request by the applicant to modify the proffers associated with the 1993, 1994, & 1997 Conditional Rezoning applications approved on the eastern portions of property in order to relocate their headquarters to this site. The proffers will be modified to construct a two-story office building, storage building, greenhouse, and canopy for a proposed loading dock, as well as a Conditional Use Permit for a Bulk Storage Yard to store trucks, products, plants, and materials used for the plant nursery. An existing proffer has been retained which includes a list of specific uses and structures permitted on the site to include greenhouses, plant nurseries, garden supplies, and equipment, etc. The existing BMP on the property will be expanded onto two adjacent R-10 parcels to the north along Mason Street that are also owned by the applicant. In accordance with Section 228 of the Zoning Ordinance, the proposed Bulk Storage Yard will be entirely screened with Category VI landscaping to include a six-foot- tall privacy fence and plantings. The applicant proposed a minor change to proposed Proffer 5 following the Planning Commission hearing to state that outdoor lighting fixtures located within 250 feet of the residentially zoned properties located at the terminus of Mason Street shall be limited to a maximum height of 8-feet. As previously written, the proffer proposed to limit all outdoor lighting fixtures to a maximum height of 8-feet. The proposed changes provide protection to the adjacent residential properties while allowing greater flexibility on other portions of the property.  Considerations: The proposed requests are generally consistent with the Comprehensive Plan’s land use policies for the Suburban Area, which recommends that development within the Suburban Area focus on creating and maintaining great neighborhoods. Packet Pg. 148  5.L.3.a McDonald Nurseries of Virginia Beach, Inc Page 2 of 4 Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & The McDonald Garden Center has been operating at this location for over four decades, connecting residents with goods and services from a locally owned nursery. In Staff’s opinion, and the Planning Commission concurred, the existing use and the proposed additions to include the proposed Category VI landscape buffers provided along the northern, eastern, and southern property lines, complements the other service-oriented businesses along this corridor of Independence Boulevard. Further details pertaining to the application and Staff’s evaluation are provided in the attached Staff Report. There is no known opposition to this request.  Recommendation: On April 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. PROFFERS Proffer 1: The property shall be improved with the existing structure and the proposed Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' Canopy, along with both existing Landscape Screening and additional Landscape Screening buffers substantially as depicted on the "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5 and "LANDSCAPE SCREENING PLAN", sheet 4 of 5 of the "PROFFER MODIFICATION AND C.U.P. EXHIBITS FOR McDONALD GARDEN CENTER", dated 11/29/2023 prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the "Conceptual Layout" and "Landscape Screening" plans). Proffer 2: When the Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' Canopy are constructed they shall have the exterior architectural appearance and quality substantially as depicted on those exhibits titled "OFFICE/WAREHOUSE ELEVATIONS" ("NORTH", "EAST", "WEST" and "SOUTH"); "CANOPY EAST ELEVATION", "CANOPY SOUTH ELEVATION"; "SMALL GREENHOUSE EAST ELEVATION", "SMALL GREENHOUSE WEST ELEVATION", dated November 30, 2023, prepared by HBA Architecture and the "New Shed Construction For McDONALD GARDEN CENTER - BUILDING ELEVATIONS (A201)" undated, prepared by HBA Architecture which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the "Elevations"). Proffer 3: All vehicular access to and from the property shall be solely from Independence Boulevard through the existing entrance to McDonald Garden Center. Packet Pg. 149  5.L.3.a McDonald Nurseries of Virginia Beach, Inc Page 3 of 4 Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & Proffer 4: The Property shall be restricted to the following uses and structures and uses and structures which are clearly incidental to or subordinate thereto: Greenhouse and tree, shrub and plant nursery and retail sales of trees, shrubs, plants and nursery items, garden supplies, accessories, equipment, materials, and other garden center merchandise such as clothing, furniture, books, gifts, ornaments, Christmas gifts, and storage facilities and areas for the foregoing, along with offices and necessary parking therefor and for all uses on the Grantor's property. Proffer 5: The hours of operations on the Property shall be from 8:00 AM to 8:00 PM and any and all lighting on the Property shall be directed inward and shielded away from adjoining properties. Any outdoor lighting fixtures within 250 feet of the residentially zoned property at the terminus of Mason Street, which shares its platted western property line with the subject Property’s easternmost property line shall be located no higher than 8 feet above the ground. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan Review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. CONDITIONS 1. When the site is redeveloped, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5, dated 11/29/2023, prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & 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 Plan & Landscape Screening Plan entitled “CONCEPTUAL LANDSCAPE PLAN & LANDSCAPE SCREENING PLAN – PROFFER MODIFICATION AND CUP EXHIBITS FOR MCDONALD GARDEN CENTER”, sheet 4 of 5 & sheet 5 of 5, dated 11/29/2023, prepared by Kimley-Horn which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The outdoor storage materials shall not be stacked higher than the privacy fence. 4. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. Packet Pg. 150  5.L.3.a McDonald Nurseries of Virginia Beach, Inc Page 4 of 4 Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 & 254 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance.  Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 151  5.L.3.a Applicant & Property Owner McDonald Nurseries of Virginia Agenda Items Beach, Inc 3&4 Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & Planning Commission Public Hearing April 10, 2024 City Council District 9 Requests #3 - Modification of Proffers #4 - Conditional Use Permit (Bulk Storage Yard) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 1144 Independence Boulevard, 4015 Mason Street, parcel directly west of 1144 Independence Boulevard, and 4011, 4017, 4021 Mason Street GPINs 1478577429, 1478572695, Portion of 1478575009, 1478578655, 1478577656, 1478576658 Site Size 5.8 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Nursery, vacant lots / B-2 Community Business, R-10 Residential Surrounding Land Uses and Zoning Districts North Townhouses, single-family dwellings / R-2.5 Residential, R-10 Residential, R-15 Residential South Auto Repair, office / B-2 Community Business, O-2 Office East Single-family dwellings / R-15 Residential West Independence Boulevard Medical office, office / B-2 Community Business, O-1 Office McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 PacketPage Pg. 1152  5.L.3.a Background & Summary of Proposal Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & • The applicant, McDonald Garden Center, is relocating its headquarters to the subject site on Independence Boulevard where it currently operates a large nursery. The applicant plans to make alterations to its site operations and is therefore seeking to amend proffers associated with Conditional Rezonings approved by City Council in 1993, 1994, and 1997 related to the eastern 5.67-acres of the site Conditional B-2 Community Business zoned property on Independence Boulevard. The applicant also seeks a Conditional Use Permit for a Bulk Storage Yard to store materials, equipment, and trucks on the eastern portion of this site. • McDonald Garden Center is proposing to construct a two-story office and storage building to consolidate their marketing, accounting, purchasing operations, executive office, and land design building division. The applicant will also construct a new customer pick-up building, a 36-foot by 108-foot greenhouse, a 35-foot by 73-foot canopy for a proposed loading dock, storage of trucks, and storage of products, plants, materials used in the plant nursery will be provided on the eastern portion of the site. The eastern area of the applicant’s property is set well back from Independence Boulevard and is adjacent to a residential neighborhood. • As currently proffered, all access to the site will continue to be from Independence Boulevard with no access to the site from Mason Street. • The applicant has also retained the existing proffer allowing specific uses and structures on the property to include greenhouse and tree, shrub and plant nursery and retail sales of trees, shrubs, plants and nursery items, garden supplies, accessories, equipment, materials, and other garden center merchandise such as clothing, furniture, books, gifts, ornaments, Christmas gifts, and storage facilities, offices, and parking. • The new office warehouse and shed buildings are proffered to be clad with insulated siding and will have prefinished aluminum storefront systems. Tilt-up concrete panels will be used for both buildings will have standing seam metal roof. • As depicted on the Conceptual Site Plan, the applicant intends to expand an existing BMP on the property onto the two R-10 Residential District zoned parcels (Lots 2 & 3) along Mason Street. The property lines for these R-10-zoned parcels and an adjacent third residentially zoned property will be vacated. The existing single-family dwelling on Lot 1 (4011 Mason Street) will remain. • Section 228 of the Zoning Ordinance requires that the area for Bulk Storage Yards be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, and plants along the exterior of the fence. The submitted landscape plan, depicted on pages 12 and 13 of this report, displays the required 15-foot- wide Category VI landscape buffer to fully screen and enclose the proposed Bulk Storage Yard. • The typical hours of operation are 8:00 a.m. to 8:00 p.m., Sunday through Saturday. McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 PacketPage Pg. 2153  5.L.3.a 3 5 Zoning History Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & # Request 6 1 CUP (Fuel Sales in Conjunction with a Convenience Store) Approved 07/12/2005 2 CRZ (R-15 to Conditional B-2) Approved 06/13/2000 3 CRZ (R-10 to Conditional O-1) Approved 08/10/1999 4 4 CRZ (R-10 to Conditional B-2) Approved 11/18/1997 CRZ (R-15 to Conditional B-2) Approved 08/09/1994 2 5 CRZ (R-15 to Conditional B-2) Approved 08/24/1993 SVR Approved 11/23/1993 6 NON Approved 10/30/1989 7 8 7 MDC Approved 03/28/1988 1 8 REZ (R-4 to O-2 Office) Approved 12/02/1985 REZ (RR-1 to RM) Approved 08/10/1970 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, these requests for a Modification of Proffers and the Conditional Use Permit to operate a Bulk Storage Yard are acceptable. This property falls within the Suburban Area, as defined in the Comprehensive Plan, which recommends that developments within the Suburban Area focus on creating and maintaining great neighborhoods. The McDonald Garden Center has been operating at this location for over four decades, connecting residents with goods and services from a locally owned nursery. Additionally, the existing use complements other service-oriented businesses along this corridor of Independence Boulevard. As stated previously, the property will continue to operate as it has previously. These applications will permit the addition of an executive office warehouse to manage the marketing, accounting, and purchasing operations of the business. The proposed Bulk Storage Yard will continue to provide an area on the property for the nursery to store products, plants, materials and equipment for the business. However, the site will be enhanced with a 15-foot-wide Category VI landscape buffer on the eastern and southern portions of the site to screen the Bulk Storage Yard from the adjacent property owners. Existing vegetation will be retained along the eastern property line and new evergreens will be planted along the southern property line to screen the proposed loading dock, storage of trucks, and the storage of products, plants, and other materials used in and sold at the plant nursery. As depicted on the Conceptual Site Plan, an expansion of the existing private BMP is proposed to address water quality and quantity on site. An in-depth review of the stormwater management strategy to ensure that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of the improvements on this site will take place during the site plan review process. As this site is located in the Chesapeake Bay Watershed, no preliminary drainage study was required prior to this item being considered by Planning Commission and City Council. Based on these considerations, Staff recommends approval of these applications, subject to the proffers and conditions listed below. McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 PacketPage Pg. 3154  5.L.3.a Proffers Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to “offset identified problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The property shall be improved with the existing structure and the proposed Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' Canopy, along with both existing Landscape Screening and additional Landscape Screening buffers substantially as depicted on the "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5 and "LANDSCAPE SCREENING PLAN", sheet 4 of 5 of the "PROFFER MODIFICATION AND C.U.P. EXHIBITS FOR McDONALD GARDEN CENTER", dated 11/29/2023 prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the "Conceptual Layout" and "Landscape Screening" plans). Proffer 2: When the Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' Canopy are constructed they shall have the exterior architectural appearance and quality substantially as depicted on those exhibits titled "OFFICE/WAREHOUSE ELEVATIONS" ("NORTH", "EAST", "WEST" and "SOUTH"); "CANOPY EAST ELEVATION", "CANOPY SOUTH ELEVATION"; "SMALL GREENHOUSE EAST ELEVATION", "SMALL GREENHOUSE WEST ELEVATION", dated November 30, 2023, prepared by HBA Architecture and the "New Shed Construction For McDONALD GARDEN CENTER - BUILDING ELEVATIONS (A201)" undated, prepared by HBA Architecture which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the "Elevations"). Proffer 3: All vehicular access to and from the property shall be solely from Independence Boulevard through the existing entrance to McDonald Garden Center. Proffer 4: The Property shall be restricted to the following uses and structures and uses and structures which are clearly incidental to or subordinate thereto: Greenhouse and tree, shrub and plant nursery and retail sales of trees, shrubs, plants and nursery items, garden supplies, accessories, equipment, materials, and other garden center merchandise such as clothing, furniture, books, gifts, ornaments, Christmas gifts, and storage facilities and areas for the foregoing, along with offices and necessary parking therefor and for all uses on the Grantor's property. Proffer 5: The hours of operations on the Property shall be from 8:00 AM to 8:00 PM and any and all lighting on the Property shall be directed inward and shielded away from adjoining properties. All lighting fixtures shall be located no higher than 8 feet above the ground. Any outdoor lighting fixtures within 250 feet of the residentially zoned property at the terminus of Mason Street, which shares its platted western property line with the subject Property’s easternmost property line shall be located no higher than 8 feet above the ground. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan Review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney’s Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 PacketPage Pg. 4155  5.L.3.a Recommended Conditions for CUP Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & 1. When the site is redeveloped, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5, dated 11/29/2023, prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & 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 Plan & Landscape Screening Plan entitled “CONCEPTUAL LANDSCAPE PLAN & LANDSCAPE SCREENING PLAN – PROFFER MODIFICATION AND CUP EXHIBITS FOR MCDONALD GARDEN CENTER”, sheet 4 of 5 & sheet 5 of 5, dated 11/29/2023, prepared by Kimley-Horn which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The outdoor storage materials shall not be stacked higher than the privacy fence. 4. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 & 254 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. 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. Proffers from 1993 Proffer Agreement Proffer 1: There shall be Category VI screening where the property abuts adjacent single family residential districts and along the property line adjacent to Mason Street on the northeastern side; however, there shall be a minimum distance of 15 feet maintained between Category VI fencing and adjacent property line to the north of the 12 foot right of way. Proffer 2: Vehicular access to and from the property shall be solely from Independence Boulevard through the existing entrance to McDonald Nursery and no additional ingress/egress shall be permitted. There shall be a one foot “no ingress/egress” easement along the entire eastern property limits. Proffer 3: All interior lot lines shall be vacated. Proffer 4: The property shall be restricted to the following uses and structures and uses and structures which are clearly incidental to or subordinate thereto: Greenhouse and tree, shrub and plant nursery and retail sales of trees, shrubs, plants and McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 PacketPage Pg. 5156  5.L.3.a nursery items, garden supplies, accessories, equipment, materials, and other garden center merchandise such as clothing, furniture, books, gifts, ornaments, Christmas gift, and storage facilities for the forgoing and necessary parking therefore and for the adjacent property of the grantor which shall, by vacation of the interior lot lines, become part of Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & the property. Proffers from 1994 Proffer Agreement Proffer 1: There shall be Category VI screening where the property abuts adjacent single family residential districts along the eastern side of the subject property, abutting that certain parcel now or formerly owned by Reed Associates. Proffer 2: Vehicular access to and from the property shall be solely from Independence Boulevard through the existing entrance to McDonald Nursery and no additional ingress/egress shall be permitted. There shall be a one foot “no ingress/egress” easement along the entire eastern property limits. Proffer 3: All interior lot lines shall be vacated. Proffer 4: The property shall be restricted to the following uses and structures and uses and structures which are clearly incidental to or subordinate thereto: Greenhouse and tree, shrub and plant nursery and retail sales of trees, shrubs, plants and nursery items, garden supplies, accessories, equipment, materials, and other garden center merchandise such as clothing, furniture, books, gifts, ornaments, Christmas gift, and storage facilities for the forgoing and necessary parking therefore and for the adjacent property of the grantor which shall, by vacation of the interior lot lines, become part of the property. Proffer 5: It is recognized that further reasonable conditions may be reasonably required during the administration of applicable city ordinances and that there will be detailed site plan review to meet all applicable city codes, and that further reasonable conditions may be reasonably required during the administration of applicable city ordinances. Proffers from 1997 Proffer Agreement Proffer 1: The conceptual site plan and conditional rezoning exhibit submitted by the Applicant to the Department of Planning with this Agreement and which was exhibited to the City Council of the City of Virginia Beach, Virginia and is on file with the Department of Planning, entitled "Conceptual Site Plan and Conditional Rezoning Exhibit for McDonald Nurseries of Virginia Beach, Inc., 1144 Independence Boulevard, Bayside Borough, Virginia Beach, Virginia" and dated July 31, 1997 (the "Plan") is incorporated herein by reference and forms a part of this Agreement. Proffer 2: The Property shall be used and operated solely in conjunction with and as a part of the existing greenhouse and nursery operation owned and operated by the Applicant on property adjoining the Property to the west which operation is currently known as McDonald Nurseries of Virginia Beach, Inc. (the "Garden Center"). In connection with the foregoing, the Property shall specifically be used as a retention pond, parking area and for the storage of plants, plant material, merchandise, and inventory sold at the Garden Center. McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 PacketPage Pg. 6157  5.L.3.a Proffer 3: No delivery trucks or landscaping vehicles (such as tractors, flat bed trucks, and similar vehicles) may be parked on the Property. Further, no mechanical equipment or dumpsters may be placed on the Property. Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & Proffer 4: A minimum 15 foot (15') set back shall be maintained and a 6 foot (6') privacy fence and Category IV landscaping shall be installed along all portions of the Property that abut residential property. Proffer 5: The hours of operation of the Garden Center shall be 9:00 A.M. to 6:00 P.M., with exception of those periods April 1 through June 15 and the first Friday after Thanksgiving through December 24 of each calendar year when the hours of operation of the Garden Center may be 9:00 A.M. to 9:00 P.M., at the option of the operator of the Garden Center. Proffer 6: Ingress and egress to the Property shall be through the Garden Center to Independence Boulevard and there will be no ingress or egress to the Property from Mason Street. The Applicant agrees to enter into, execute, acknowledge and record any easement agreements or other agreements necessary to ratify and confirm ingress and egress to the Property through the Garden Center to Independence Boulevard. Proffer 7: Any and all lighting on the Property shall be directed inward and away from adjoining properties. Further, all lighting fixtures shall be located no higher than 6 feet above the ground. 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. There does not appear to be any significant natural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 –951 ADT Independence Boulevard 39,300 ADT1 36,900 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 1,168 ADT 1 Average Daily Trips 2 as defined by a garden center 3 4 as defined by a garden center LOS = Level of Service with a 20,000 square foot office Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Independence Boulevard, in the vicinity of this application, is considered a four-lane divided major urban arterial. The MTP proposes a six-lane facility within a 155-foot right-of-way. No roadway CIP projects are slated for this area. McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 PacketPage Pg. 7158  5.L.3.a Public Utility Impacts Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & Water The site is connected to City water. There is an existing 12-inch City water main along Independence Boulevard and an existing eight-inch City water main along Mason Street. Sewer The site is connected to City sewer. There is an existing 10-inch City sanitary sewer gravity main and a 36-inch HRSD sanitary sewer force main along Independence Boulevard, and an eight-inch City sanitary sewer gravity main along Mason Street. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 11, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on April 4, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 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 May 6, 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 May 17, 2024. McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 PacketPage Pg. 8159  Existing Site Conditions McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 PacketPage Pg. 9160 5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant &  Proposed Zoning Exhibit McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 Packet Page Pg.10161 5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant &  Proposed Conceptual Site Plan McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 Packet Page Pg.1162 5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant &  Proposed Conceptual Landscape Plan McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 Packet Page Pg.12163 5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant &  Proposed Conceptual Landscape Plan McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 Packet Page Pg.13164 5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant &  Proposed Office Warehouse Elevations McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 Packet Page Pg.14165 5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant &  Proposed Office Warehouse Elevations McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 Packet Page Pg.15166 5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant &  Proposed Greenhouse Elevations McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 Packet Page Pg.16167 5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant &  Proposed Shed Elevations McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 Packet Page Pg.17168 5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant &  Proposed Canopy Elevations McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 Packet Page Pg.18169 5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant &  Site Photos McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 Packet Page Pg.19170 5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant &  Site Photos McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 Packet Page Pg.20171 5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant &  Disclosure Statement McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 Packet Page Pg.2172 5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant &  Disclosure Statement McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 Packet Page Pg.22173 5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant &  X Disclosure Statement 4/30/2024 Marchelle L. Coleman McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 Packet Page Pg.23174 5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant &  5.L.3.a Next Steps Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & • 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. McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 & 4 Page Packet Pg.24175 R10 R2.5 5.L.3.a R30 R10 R10 O1 R2.5 Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries R10 R15 R10 B2 B2 R10 R10 R10 R10 vard B2 oule R15 B2 B2 B2 nce B B2 ende B2 Indep R15 O2 B2 R15 A24 R30 Site Property Polygons Zoning McDonald Nurseries of Virginia Beach, Inc 1144 Independence Boulevard, 4015 Mason Street, parcel directly west of 1144 Independence Boulevard, and 4011, 4017, 4021 µ Mason Street Building Feet Packet Pg. 176 0 35 70 140 210 280 350 420  5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & Virginia Beach Planning Commission April 10, 2024, Public Meeting Agenda Items # 3 & 4 McDonald Nurseries of Virginia Beach, Inc RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Our next item on the agenda is Agenda Items 3 and 4, McDonald Nurseries of Virginia Beach. Mr. Bourdon: Thank you, Madam Vice-Chair, Mr. Chairman, and Members of the Commission, for the record, Eddie Bourdon, Virginia Beach Attorney, representing McDonald’s. I want to recognize that Dave Frantz, and Kyle Long with Kimley Horne came down today because I neglected to call, and tell them we’re on the consent agenda because Mark Anderson, I did call him, and he didn't come. He otherwise would have been here. I appreciate being on the Consent Agenda. The five conditions of the Conditional Use Permit, as recommended by the staff, are acceptable. I appreciate Marchelle’s work on this application. As for the proffers, as Marchelle mentioned in the informal, I will try to clarify something just briefly. The original proffers are four different parcels with separate proffers. All that are on the eastern half of the property. Three of those proffers had no issues with height of light fixtures. It's only the one easternmost parcel that adjoins a large residential parcel to the East at the end of Mason Street. That proffer had a hype limitation on lighting, and attorney error, I put the limitation on all the properties that are existing light fixtures on the middle parcels that are more than 8 feet in height, and to correct that, the owner of the property to the east, the residential property, is extremely happy and pleased with McDonald's and has no issues, and it's not really changing anything with regard to her property, which is the only property affected by that restriction, but the lighting on the front of the property, that's unconditional to begin with, so The Christmas lights and everything else are not in any way impacted by that restriction. It's just the back of the bulk storage yard. We appreciate being on the consent agenda. I'm gonna take the privilege for a second, and thank Mr. Kemp, Ms. Warren, Ms. Wilson, City Attorney, Mr. Styles for the first amendment -- the ordinance that you all just recommended approval of as one who's represented a number of salon owners and landlords on these applications. No one could quite figure out why there needed to be an application for that, and as Mr. Kemp said, it's been in the works for some time and, it's a needed amendment. It's just a Packet Pg. 177  5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & lot of waste of time, effort, and money. Appreciate y'all recommending approval of that. 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 Coston to read this item into the record. Mr. Coston: The applicant, McDonald Garden Center, is relocating its headquarters to the subject site on Independence Boulevard, where it currently operates a large nursery. The applicant plans to make alterations to a site operation, and is therefore seeking to amend proffers associated with conditional rezonings approved by City Council in 1993, 94, and 97, related to the eastern 5.67 acres of the site conditional B2 community business, zoned property on Independence Boulevard. The applicant also seeks a conditional use permit for bulk storage yard to store materials, equipment, and trucks on the eastern portion of this site. The Commission agreed that it should be on the consent agenda, therefore we've placed it there. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from – Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn’t record? Packet Pg. 178  5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hippen AYE Mauch AYE Parks ABSENT Plumlee AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to “offset identified problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The property shall be improved with the existing structure and the proposed Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' Canopy, along with both existing Landscape Screening and additional Landscape Screening buffers substantially as depicted on the "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5 and "LANDSCAPE SCREENING PLAN", sheet 4 of 5 of the "PROFFER MODIFICATION AND C.U.P. EXHIBITS FOR McDONALD GARDEN CENTER", dated 11/29/2023 prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the "Conceptual Layout" and "Landscape Screening" plans). Proffer 2: When the Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' Canopy are constructed they shall have the exterior architectural appearance and quality substantially as depicted on those exhibits titled "OFFICE/WAREHOUSE ELEVATIONS" ("NORTH", "EAST", "WEST" and "SOUTH"); "CANOPY EAST ELEVATION", "CANOPY SOUTH ELEVATION"; "SMALL GREENHOUSE EAST ELEVATION", "SMALL GREENHOUSE WEST ELEVATION", Packet Pg. 179  5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & dated November 30, 2023, prepared by HBA Architecture and the "New Shed Construction For McDONALD GARDEN CENTER - BUILDING ELEVATIONS (A201)" undated, prepared by HBA Architecture which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the "Elevations"). Proffer 3: All vehicular access to and from the property shall be solely from Independence Boulevard through the existing entrance to McDonald Garden Center. Proffer 4: The Property shall be restricted to the following uses and structures and uses and structures which are clearly incidental to or subordinate thereto: Greenhouse and tree, shrub and plant nursery and retail sales of trees, shrubs, plants and nursery items, garden supplies, accessories, equipment, materials, and other garden center merchandise such as clothing, furniture, books, gifts, ornaments, Christmas gifts, and storage facilities and areas for the foregoing, along with offices and necessary parking therefor and for all uses on the Grantor's property. Proffer 5: The hours of operations on the Property shall be from 8:00 AM to 8:00 PM and any and all lighting on the Property shall be directed inward and shielded away from adjoining properties. All lighting fixtures shall be located no higher than 8 feet above the ground. Any outdoor lighting fixtures within 250 feet of the residentially zoned property at the terminus of Mason Street, which shares its platted western property line with the subject Property’s easternmost property line shall be located no higher than 8 feet above the ground. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan Review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. CONDITIONS 1. When the site is redeveloped, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5, dated 11/29/2023, prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & 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 Plan & Landscape Screening Plan entitled “CONCEPTUAL LANDSCAPE PLAN & LANDSCAPE SCREENING PLAN – PROFFER MODIFICATION AND CUP EXHIBITS FOR MCDONALD GARDEN CENTER”, sheet 4 of 5 & sheet 5 of 5, Packet Pg. 180  5.L.3.a Attachment: 03_ARF Package for McDonald Nurseries of Virginia Beach, Inc. (3911 : McDonald Nurseries of Virginia Beach, Inc (Applicant & dated 11/29/2023, prepared by Kimley-Horn which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The outdoor storage materials shall not be stacked higher than the privacy fence. 4. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 & 254 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. Packet Pg. 181  5.L.4 ALL THINGS BEAUTY FOR A CONDITIONAL USE PERMIT RE TATTOO PARLOR AT 250 JERSEY AVENUE, UNIT 245 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. 182  5.L.4.a Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALL THINGS BEAUTY [Applicant] KRAMBIAN PROPERTIES, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 250 Jersey Avenue, Unit 245 (GPIN 14678572990000). COUNCIL DISTRICT 4 MEETING DATE: May 21, 2024  Background: The applicant is seeking to operate a Tattoo Parlor for the application of permanent makeup in an existing 1,700 square-foot suite at 250 Jersey Avenue. Hours of operation will be from 9:30 a.m. to 7:00 p.m., Monday through Saturday, and services will be by appointment only. Permanent makeup will be offered alongside other beauty services, such as lash enhancement. Required parking is met on site and the applicant proposes no alterations to the building or the site.  Considerations: The property is located within the Central Village District, a subsection of the Pembroke Strategic Growth Area (SGA) with specific area recommendations. The Pembroke SGA is envisioned as a commercial center with the Central Village District supporting this vision by concentrating diverse small businesses in mid- to low-rise buildings. Artistic and beauty-oriented businesses, such as the one proposed by the applicant, are complementary with the kind of services and retail recommended in the Central Village District. 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. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. Two letters of support for the request were provided by adjacent tenants and there is no known opposition.  Recommendation: On April 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0, with one abstention. 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. Packet Pg. 183  5.L.4.a All Things Beauty Page 2 of 2 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner) application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 184  5.L.4.a Applicant All Things Beauty Agenda Item 5 Property Owner Krambias Properties, LLC Planning Commission Public Hearing April 10, 2024 Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner) City Council District 4 Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation Approval Staff Planner Elizabeth Nowak Location 250 Jersey Avenue GPIN 1467857299 Site Size 18,427 square feet; 1,700 square-foot suite AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Commercial building / B-2 Community Business Surrounding Land Uses and Zoning Districts North Automobile sales / B-2 Community Business South Admiral Wright Road Automobile service station / I-1 Light Industrial East Automobile repair garage, material and supply sales / B-2 Community Business West Jersey Avenue Offices, automobile sales / B-2 Community Business All Things Beauty Agenda Item 5 PacketPage Pg. 1 185  5.L.4.a Background & Summary of Proposal • The applicant is seeking to operate a Tattoo Parlor for the application of permanent makeup in an existing 1,700 Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner) square-foot suite known as 250 Jersey Avenue. • Hours of operation will be from 9:30 a.m. to 7:00 p.m., Monday through Saturday. The business will have five lash beds and will serve patrons by appointment only. Five employees are anticipated. • Per Section 203(a)(25), off-street parking requirements for personal service establishments are one parking space per every 250 square feet. Four parking spaces are required. There are 26 existing parking spaces on this property for the building. Other businesses here are subject to parking requirements under Section 203(a)(32), requiring only one space per employee on a maximum working shift. Parking requirements will continue to be met on site. • The property is in the Central Village District, a specific area identified in the Pembroke Strategic Growth Area. This district is envisioned as a mid- to low-rise urban residential development with similarly scaled commercial buildings that house small businesses. 2 14 6 Zoning History # Request 1 CUP (Tattoo Parlor) Approved 02/15/2021 2 STC (AG-2 to Conditional B-2) Approved 09/05/2017 MDC (Motor Vehicle Sales) Approved 09/05/2017 CUP (Motor Vehicle Sales) Approved 12/02/2008 5 3 4 CUP (Automobile Repair Garage) Approved 03/17/2015 CUP (Motor Vehicle Repair Garage) Approved 11/12/2013 5 CUP (Motor Vehicle Repair) Approved 09/24/2013 6 CUP (AG-2 to Conditional B-2) Approved 06/09/1992 3 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation This Conditional Use Permit request for a Tattoo Parlor for Permanent Makeup is, in Staff’s opinion, acceptable. The property is located within the Central Village District, a subsection of the Pembroke Strategic Growth Area (SGA) with specific area recommendations. The Pembroke SGA is envisioned as a commercial center with the Central Village District supporting this vision by concentrating diverse small businesses in mid- to low-rise buildings. Artistic and beauty- oriented businesses, such as the one proposed by the applicant, are complementary with the kind of services and retail recommended in the Central Village District. No new construction is proposed with this application; the existing building will be reused as is. 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 All Things Beauty Agenda Item 5 PacketPage Pg. 2 186  5.L.4.a 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. Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner) 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. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Pembroke Strategic Growth Area (SGA), which is envisioned as the central urban core of Virginia Beach with a vertical mix of urban uses, a diverse collection of civic, commercial, and artistic areas, multimodal transportation options with complete streets to support this SGA’s connectivity and central location. Key recommendations for this SGA are centered around an efficient, compatible mix of uses, designing at human scale, transit-oriented development, and environmental stewardship. Following development guideline frameworks are key for the success of making Pembroke a thriving, innovative urban center. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no natural or cultural resources that will be affected by this project. All Things Beauty Agenda Item 5 PacketPage Pg. 3 187  5.L.4.a Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner) Jersey Avenue No data available 9,900 ADT 1 (LOS 4 “D”) No change anticipated 1 Average Daily Trips 2 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Jersey Avenue is a two-lane local street. It is not included in the MTP. The Cleveland Street Phase IV Project scheduled for construction in 2027, will not affect this property. 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 March 11, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on April 4, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 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 May 6, 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 May 17, 2024. All Things Beauty Agenda Item 5 PacketPage Pg. 4 188  Site Layout All Things Beauty Agenda Item 5 PacketPage 189 Pg. 5 5.L.4.a Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner)  Proposed Floor Plan All Things Beauty Agenda Item 5 PacketPage 190 Pg. 6 5.L.4.a Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner)  Site Photos All Things Beauty Agenda Item 5 PacketPage 191 Pg. 7 5.L.4.a Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner)  Site Photos All Things Beauty Agenda Item 5 PacketPage 192 Pg. 8 5.L.4.a Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner)  Disclosure Statement All Things Beauty Agenda Item 5 PacketPage 193 Pg. 9 5.L.4.a Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner)  Disclosure Statement All Things Beauty Agenda Item 5 Packet Page 194 Pg.10 5.L.4.a Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner)  Disclosure Statement All Things Beauty Agenda Item 5 Packet Page Pg.1195 5.L.4.a Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner)  Disclosure Statement All Things Beauty Agenda Item 5 Packet Page 196 Pg.12 5.L.4.a Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner)  Disclosure Statement All Things Beauty Agenda Item 5 Packet Page 197 Pg.13 5.L.4.a Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner)  Disclosure Statement All Things Beauty Agenda Item 5 Packet Page 198 Pg.14 5.L.4.a Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner)  5.L.4.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, 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. All Things Beauty Agenda Item 5 Page Packet Pg.15 199  B2 Vir B2 gi n 5.L.4.a ia B B2 eac h Bo Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias oa d ul e var d Pennsylvania Avenue A24 duc Jersey Avenue kR Wit B2 ch Eu c B2 B2 lid R oa d Admiral Wrigh d t Road Ro a I1 Jersey Avenue uck B2 Denn Lane I1 I1 I1 Witc I1 hd I1 I2 Site Property Polygons Zoning Building All Things Beauty 250 Jersey Avenue, Unit 245 µ Feet Packet Pg. 200 0 25 50 100 150 200 250 300  5.L.4.a Virginia Beach Planning Commission Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner) April 4, 2024, Public Meeting Agenda Item # 5 All Things Beauty RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Number 5, All Things Beauty. Is there a representative here today to represent this application? Could you please come forward. Hello, and welcome. Could you please state your name for the record? Ms. Highsmith: Yes, Rachael Highsmith. Ms. Cuellar: Ms. Highsmith, are the conditions acceptable to you? Ms. Highsmith: Yes. Ms. Cuellar: Thank you very much. You may be seated. Is there any opposition to this application? Hearing none. I have asked Commissioner Byler to read this item into the record. Ms. Byler: The property is located at 250 Jersey Avenue. The applicant is seeking to operate a tattoo parlor for the application of permanent makeup in an existing 1,074 square foot suite known as 250 Jersey Avenue. Hours of operation will be 9:30 a.m. to 7:00 p.m. Monday through Saturday. Business will have lash beds and will serve patrons by appointment only. The parking is adequate. It is located in the Central Village District, which is a specific area identified by the Pembroke Strategic Growth Area. That district envisions mid-to-low rise urban residential development with similarly scaled commercial buildings that house small businesses. As such, it seems compatible. There has been no opposition, and Staff recommends approval. We ask that it be added to the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Packet Pg. 201  5.L.4.a Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner) Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from – Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn’t record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 8 NAY 0 ABS 1 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hippen AYE Mauch AYE Parks ABSENT Plumlee ABS CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. Packet Pg. 202  5.L.4.a 4. Any on-site signage for the establishment shall meet the requirements of the City Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner) 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. 203  5.L.4.a Packet Pg. 204 Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner)  5.L.4.a Packet Pg. 205 Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner)  5.L.4.a Packet Pg. 206 Attachment: 04_ARF Package for All Things Beauty (3912 : All Things Beauty (Applicant) Krambias Properties, LLC (Property Owner)  5.L.5 SHANEEQUA CREIGHTON FOR A CONDITION USE PERMIT RE FAMILY DAY-CARE AT 5115 RICHARD ROAD 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. 207  5.L.5.a Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SHANEEQUA CREIGHTON [Applicant & Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 5115 Richard Road (GPIN 1467865777). COUNCIL DISTRICT 4 MEETING DATE: May 21, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a Family Day-Care home within a townhouse in the Witchduck Arms Townhomes. The 2,765 square foot parcel is zoned A-12 Apartment District. A Family Day-Care Home with four or less children is permitted by-right in apartment and residential districts. When the number of children cared for increases to five or more, excluding the provider’s own children and those who reside in the home, both state licensure and a Conditional Use Permit are required.  Considerations: The applicant intends to care for up to 12 children. The ultimate number will be determined by the Department of Education based on their permitting criteria. In-home day care is a valuable service to the community and is consistent with the Comprehensive Plan’s vision of creating and maintaining “great neighborhoods” which are sustainable, stable, and supported by complementary non-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 April 10, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 3. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. Packet Pg. 208  5.L.5.a Shaneequa Creighton Page 2 of 2 Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit 4. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official’s Office for use of the house as a Family Day-Care Home.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Family Day Home Licensing Information Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 209  5.L.5.a Applicant & Property Owner Shaneequa Creighton Agenda Item 9 Planning Commission Public Hearing April 10, 2024 Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit City Council District 4 Request Conditional Use Permit (Family Day-Care Home) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 5115 Richard Road GPIN 1467865777 Site Size 2,765 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Townhouse / A-12 Apartment Surrounding Land Uses and Zoning Districts North Richard Road Retail / B-2 Community Business South Retail / B-2 Community Business East Townhouse / A-12 Apartment West Townhouse / A-12 Apartment Shaneequa Creighton Agenda Item 9 PacketPage Pg. 1 210  5.L.5.a Background & Summary of Proposal Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit • The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home for up to 12 children within a townhouse in the Witchduck Arms Townhomes. The 2,765 square-foot parcel is zoned A-12 Apartment District. • The pick-up and drop-off time will be staggered between the operating hours of 6:00 a.m. and 6:30 p.m. to avoid traffic congestion. • The applicant has two-and-a-half years of experience caring for children. According to the applicant, the home daycare will provide care for children between the ages of two and five. • The outdoor play area for the children is provided in the rear yard of the home. The backyard is enclosed by a six- foot tall vinyl privacy fence, as depicted on the site layout on page 5 of this report. 1 Zoning History # Request 1 CRZ (A-12 to Conditional B-2) Approved 03/11/2003 2 REZ (A-12 to B-2) Approved 02/22/1994 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 The request for Conditional Use Permit for a Family Day-Care Home, in Staff’s opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. Staff finds the property to be organized and well-kept, successfully promoting the Comprehensive Plan’s policies intended to ensure the maintenance and substantiality of great neighborhoods. A Family Day-Care Home with four or less children is permitted by-right in the apartment and residential districts. When the number of children in the daycare increases to five or more, excluding the provider’s own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. Since the applicant intends to care for up to 12 children, a Conditional Use Permit must be approved by the City Council. The ultimate number will be determined by the Commonwealth of Virginia during the childcare licensing process and will be dependent on the ages of the children and whether an assistant is employed, as well as other policies established by the Department of Education; however, no more than 12 children will be permitted. Shaneequa Creighton Agenda Item 9 PacketPage Pg. 2 211  5.L.5.a Staff is recommending a condition that pick-up and drop-off times be staggered to avoid the potential for congestion in the right-of-way. Additionally, Staff recommends Condition 2 to limit the number of Home Occupations to one to further minimize traffic impacts on the street. Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit In Staff’s view, the Family Day-Care Home will provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. Based on these considerations, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 3. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 4. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official’s Office for use of the house as a Family Day-Care Home. 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 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 Shaneequa Creighton Agenda Item 9 PacketPage Pg. 3 212  5.L.5.a 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. Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. No historical or cultural resources will be affected by this proposal. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 8 ADT Richard Road No Data Available Proposed Land Use 3 – 46 ADT 1 Average Daily Trips 2 as defined by a townhouse 3 as defined by a townhouse with a daycare with up to 12 children Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Richard Road is a two-lane local residential street. It is not included in the MTP and no roadway CIP projects are slated for Richard Road. Public Utility Impacts Water & Sewer This site is currently connected to both 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 March 11, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on April 4, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 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 May 6, 2024. Shaneequa Creighton Agenda Item 9 PacketPage Pg. 4 213  5.L.5.a • The City Clerk’s Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on May 17, 2024. Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit Shaneequa Creighton Agenda Item 9 PacketPage Pg. 5 214  Proposed Site Layout Shaneequa Creighton Agenda Item 9 PacketPage 215 Pg. 6 5.L.5.a Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit  Site Photos Shaneequa Creighton Agenda Item 9 PacketPage 216 Pg. 7 5.L.5.a Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit  Disclosure Statement Shaneequa Creighton Agenda Item 9 PacketPage 217 Pg. 8 5.L.5.a Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit  Disclosure Statement Shaneequa Creighton Agenda Item 9 PacketPage 218 Pg. 9 5.L.5.a Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit  X Disclosure Statement 4/30/2024 Marchelle L. Coleman Shaneequa Creighton Agenda Item 9 Packet Page 219 Pg.10 5.L.5.a Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit  5.L.5.a Next Steps Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit • 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. Shaneequa Creighton Agenda Item 9 Page Packet Pg.11 220  B2 5.L.5.a Richa rd Ro ad Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & A12 A12 B2 Site Property Polygons Zoning Building Shaneequa Creighton 5115 Richard Road µ Feet Packet Pg. 221 0 5 10 20 30 40 50 60  5.L.5.a Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit Virginia Beach Planning Commission April 10 2024, Public Meeting Agenda Item # 9 Shaneequa Creighton RECOMMENDED FOR APPROVAL Madam Clerk:: Agenda item number 9, Shaneequa Creighton, is a request for a conditional use permit for a family daycare home at 5115 Richard Road in Council District 4. Mr. Alcaraz: What was the name?. Are you there? Just state your name. Ms. Creighton: Shaneequa Creighton. Mr. Alcaraz: Can you just tell us a little about your application? Ms. Creighton: So, I put in for application to an in home family daycare. The purpose of it because I have a daughter, so that was the motivation behind it. I prefer a home daycare over like a facility daycare for her at this age, because she's 2. So, that was the motivation behind it, and plus my mom and my family will actually be assisting with the daycare as well. We are prior military, myself and my mom, so we want to cater to military families as well because we know that that's hard as well. So that's just a little run down of why I would like to have in-home daycare. Mr. Alcaraz: We do have an opposition. They want to speak, and then we will have you come up, and rebut whatever he has to say. Madam Clerk: Mr. Chairman, they are apparently not online right now. Mr. Alcaraz: Okay. Are there any questions for the applicant? Yes, Ms. Byler. Ms. Byler: I admire what you’re doing. We absolutely need help with our children, being a working mom, I had four children. I know the struggles, so I can't even imagine military. I do respect what you're trying to do. I had a little concern that you were in a townhouse, and with up to 12 children, I wondered if you thought that might be an issue. Ms. Creighton: No, ma'am. I believe there's ample space because in how I plan on setting it up, like, the whole back area of the townhouse will be completely the Packet Pg. 222  5.L.5.a Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit daycare, so I'm changing the whole entire back of the house to the daycare. So that wouldn't be an issue. Ms. Byler: And you've spoken to neighbors on either side, and I understand they are supportive of this. Ms. Creighton: Yes. Ms. Byler: Okay, thank you. Mr. Alcaraz: Any other questions? Mr. Plumlee? Mr. Plumlee: I take it this is your first time operating in a facility like this.? Ms. Creighton: Yes, Sir. Mr. Plumlee: And you've obtained insurance and the licensing required by the state.? Ms. Creighton: Well, we have to get the approval from you all first before we can actually get the licensing, but we have taken the classes and everything to be able to get the license for it. Mr. Plumlee: Thank you. Ms. Creighton: Welcome. Mr. Alcaraz: Alright. Any other questions? You may be seated. So opposition is not available? Madam Clerk: They are not online. Mr. Alcaraz: So if I can get a motion. Ms. Hippen: Motion to approve. Mr. Plumlee: Second. Mr. Alcaraz: Motion by Ms. Hippen, and second by Mr. Plumlee to approve. Packet Pg. 223  5.L.5.a Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit Madam Clerk: The vote is now open. By a vote of 9:0, agenda item number 9 has been recommended for approval. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice- chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from – Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn’t record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hippen AYE Mauch AYE Parks ABSENT Plumlee AYE Packet Pg. 224  5.L.5.a Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 3. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 4. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official’s Office for use of the house as a Family Day- Care Home. Packet Pg. 225  5.L.5.a FAMILY DAY HOME Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit LICENSING INFORMATION PROVIDED BY PATRICIA MEYER WITH THE DEPARTMENT OF EDUCATION’S OFFICE OF CHILD CARE HEALTH AND SAFETY Packet Pg. 226  5.L.5.a Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit VIRGINIA DEPARTMENT OF EDUCATION OFFICE OF CHILD CARE HEALTH AND SAFETY FAMILY DAY HOME LICENSING INFORMATION Family day home care is the most common form of child care in this country, especially for younger children. Parents may choose family child care for its intimate, home-like setting, flexible hours, consistency of caregiver, and small group size. The Code of Virginia mandates the licensure of family day homes that provide care for five through twelve children (exclusive of the provider's own children and any children who reside in the home). The care may be offered in the home of the provider or in the home of any of the children in care. A family day home caring for more than four children under the age of two, including the provider's own children and any children who reside in the home, must be licensed or voluntarily registered. A family day home where the children in care are all related to the provider by blood or marriage is not required to be licensed. During the absence (less than 24 hours) of a parent or guardian, the licensed family day home provider assumes responsibility for the supervision, protection, and well-being of a child under 13 years of age. Licensing standards, which are proposed by the Virginia Board of Education and enforced by the Virginia Department of Education, ensure that the activities, services, and facilities of the family day home are conducive to the welfare of the children in care. A family day home initially receives a conditional license which is for up to a 6 month period. Licenses may then be renewed and a home may receive a one, two or three year license, depending upon their compliance history. A provisional license for a 6 month period may also be issued due to non-compliance following the issuance of a regular 1, 2 or 3 year license. A licensed family day home receives at least 2 monitoring inspections each year by their assigned inspector. Additional inspections may occur as a result of a self-reported incident, serious injury report or complaint. When non-compliance is found, a violation notice is issued to the provider. If the violation(s) are serious in nature, a determination will be made by the field office whether it is appropriate to recommend an enforcement action in the form of one of more sanctions to be issued to the program. There is an enforcement process that involves review and decision making by home office personnel before a sanction is administered. Providers have a right to appeal violations and sanctions, and there are formal processes for these actions as well. QUESTIONS? Please contact Trish Meyer, Licensing Administrator at 757-510-4026 or via email at patricia.meyer@doe.virginia.gov 1 Packet Pg. 227  5.L.5.a How to Become a Licensed Family Day Home Provider (FDH) Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit 1. Complete the Phase I: Pre-Application Training for Licensed Family Day Homes. This training provides information about the initial application process and important points of consideration prior to applying for licensure. 2. Review the following information: o Welcome letter o Regulations for General Procedures and Standards for Licensed Family Day Homes | Normas Para Centros De Cuidado Infantil Familiar Diurno Con Licencia o Information about Background Checks for Child Day Programs 3. Contact the Office of Child Care Health and Safety in your region to sign up for Pre-Licensure Orientation for Licensed Family Day Homes – Phase 2. This is a required orientation where licensing inspectors will focus on the Standards for Licensed Family Day Homes and answer any of your questions. 4. Contact your local zoning office to determine the number of children you may request to care for in your home. Note: Written verification of zoning requirements is required as part of the application. 5. Complete an initial application for licensure, and upload the application and all required attachments through the online portal. The following listed documents are required attachments for an initial application for licensure, and will need to be uploaded in the provider portal when submitting your initial application. Model forms are provided below, if available. Application fees are not being collected by the department through June 2025. o Budget form o Zoning form signed by the zoning official o Documentation of completed Phase II Pre-Licensure Orientation o Verification of age for the applicant, assistant(s) and substitute provider(s) o Documentation of the provider’s education o Documentation of the provider’s programmatic experience o Proof of current first aid and cardiopulmonary resuscitation (CPR) certification o Tuberculosis (TB) Test/Screening results for all caregivers and adult household members (completed within the last 30 days) o Background checks for all caregivers, household members, individuals listed in the business entity section of the application (completed within the last 90 days) o Three letters of reference for all individuals listed in the business entity section of the application – This is not required for public agencies o A credit reference for the business entity – This is not required for public agencies o Documentation of a fictitious name from the Virginia State Corporation Commission (VSCC) if the home will operate under a name other than that of the business entity o If applicable, business entity paperwork such as partnership agreements, association bylaws, or certificates and articles of formation from the VSCC 6. Prepare for your home inspection. After you have completed steps 1-4 and your application is complete, a licensing inspector will contact you to schedule an inspection of your home. 2 Packet Pg. 228  5.L.5.a Are you interested in becoming a voluntarily registered family day home? Voluntary Registration is a form of regulation available to family day homes that are not required to be Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit licensed. These homes have four or fewer children in care at any one time, not including the provider's own child and any children who legally reside in the home. The program is administered by the Office of Child Care Health and Safety and community-based agencies that have a contract with the Virginia Department of Education (VDOE) to administer the program in specific areas of the state. Regulations for voluntarily registered programs are set forth in 8VAC20-850. To become registered, a family day home provider must submit an application, a $50.00 non- refundable application fee, and the results of a TB screening, the results of a criminal history search, the results of a child abuse registry search, and a completed sworn statement or affirmation for themselves, any adults that reside in the home, any assistants and any substitute providers. Additional requirements include a child abuse registry search for children, 14 to 17 years of age, residing in the home. Lastly, they must complete a self-assessment of their compliance with the health and safety requirements using the health and safety checklist. The contract agency or the Office of Child Care Health and Safety will conduct a home inspection to confirm compliance with the health and safety requirements. Upon recommendation for approval, the Superintendent for Public Instruction issues a two-year certificate of registration. During the two-year period, the contracting agency and VDOE licensing staff monitor a sample number of registered homes for compliance with the requirements. Voluntarily registered homes that are subsidy vendors will receive annual inspections to determine compliance with the Code and the subsidy health and safety requirements. Start by reviewing the welcome letter and review the resources below: • Voluntary Registration of Family Day Homes: Requirements for Providers (regulation) | Registro Voluntario de Hogares Familiares Diurnos: Requisitos Para Los Proveedores • Information on background checks for child day programs How to Apply for Initial Registration 1. Determine if your home is located in a city/county administered by the Office of Child Care Health and Safety or contract agency. 2. Complete the following application documents and obtain all required attachments. The documents listed below are required for a complete application. Model forms are provided below, if available. • Application for Voluntary Registration (PDF) • Report of Tuberculosis Screening Evaluation (PDF) • Health and Safety Checklist (PDF) • Copies of required background checks for all caregivers and household members completed within the last 90 days 3. Submit your completed application and all required attachments to the Office of Child Care Health and Safety or contract agency depending on where your program is located. 4. Prepare for your home inspection. 3 Packet Pg. 229  5.L.5.a Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit 8VAC20-800-40. Capacity. A. The provider shall ensure that the total number of children receiving care at any one time does not exceed the maximum licensed capacity of the home. B. When at least one child receives care for compensation, all children, exclusive of the provider's own children and children who reside in the home, who are in the care and supervision of a provider, count in the licensed capacity. C. The department will establish the home's maximum capacity based on the following factors: 1. The availability of adequate space to allow each child free movement and active play indoors and outdoors as required by 8VAC20-800-380; 2. The provider's responsibility to care for another individual who may require special attention or care, including but not limited to a child with a serious physical, emotional, or behavioral condition; or 3. The issuance of a special order to limit capacity pursuant to § 22.1-289.023 of the Code of Virginia. 8VAC20-800-380. Space. The home shall provide each child with adequate space to allow free movement and active play indoors and out. 8VAC20-800-570. Determining need for additional caregiver. A. The provider shall ensure that a caregiver does not exceed 16 points by using the following point system to determine if an additional caregiver is needed: 1. Children from birth through 15 months of age count as four points each; 2. Children from 16 months through 23 months of age count as three points each; 3. Children from two through four years of age count as two points each; 4. Children from five years through nine years of age count as one point each; and 5. Children who are 10 years of age and older count as zero points. B. A caregiver's own children and resident children under eight years of age count in point maximums. FOR MORE INFORMATION GO TO: www.childcare.virginia.gov 4 Packet Pg. 230  5.L.5.a COMMONWEALTH OF VIRGINIA DEPARTMENT OF EDUCATION Attachment: 05_ARF Package for Shaneequa Creighton (3913 : Shaneequa Creighton (Applicant & Property Owner) Conditional Use Permit CONTACT WITH LOCAL ZONING ADMINISTRATOR THE FOLLOWING INDIVIDUAL PLANS TO SUBMIT AN APPLICATION FOR A LICENSE TO OPERATE A FAMILY DAY HOME PURSUANT TO §§ 22.1-289.02 and 22.1-289.011 OF THE CODE OF VIRGINIA ____________________________________________________________________________ To Be Completed by Operator of Family Day Home NAME OF APPLICANT ________________________________________________________________ PHYSICAL ADDRESS_________________________________________________________________ STREET OR ROUTE NO. CITY STATE ZIP APPLICANT’S PHONE NO.:____________EMAIL ADDRESS:________________________________ THE HOME IS LOCATED IN THE COUNTY OR CITY OF __________________________________ APPLICANT IS REQUESTING A LICENSE TO CARE FOR THE FOLLOWING NUMBER OF CHILDREN (NOT INCLUDING CHILDREN WHO RESIDE IN THE HOME): __________________ ____________________________________________________________________________ To Be Completed by Local Zoning Administrator THE ZONING ADMINISTRATOR’S SIGNATURE ON THIS FORM VERIFIES THAT THE APPLICANT HAS INFORMED THE ZONING ADMINISTRATOR OF HIS/HER PLANS TO APPLY FOR A LICENSE TO OPERATE A FAMILY DAY HOME AT THE ADDRESS ABOVE. Tax Map # Parcel # Zoning District _____________________________________________________ Printed Name of Zoning Administrator ________________________________________________________ ___________________________ Signature of Zoning Administrator Date Telephone Number: ____________________________________________________________________ Email Address: ________________________________________________________________________ Comments: 5 Packet Pg. 231  5.L.6 PHENOMENAL KIDZ / CRESCENTE & MERYLL DELGADO FOR A CONDITIONAL USE PERMIT RE FAMILY DAY- CARE AT 1600 CASTLEFIELD ROAD 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. 232  5.L.6.a Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PHENOMENAL KIDZ [Applicant] CRESCENTE & MERYLL DELGADO [Property Owners] Conditional Use Permit (Family Day-Care Home) for the property located at 1600 Castlefield Road (GPIN 1475555115). COUNCIL DISTRICT 7 MEETING DATE: May 21, 2024  Background: The applicant is seeking a Conditional Use Permit to establish a Family Day-Care Home at 1600 Castlefield Road within the Coventry subdivision. The applicant is requesting to operate a day-care for up to 12 children between the ages of one and five in a single-family dwelling. The ultimate number of children will be determined by the Department of Education based on their permitting criteria. The applicant’s primary clients will be military families, many of whom have early and late hours during which they will need access to childcare. The applicant plans to provide care seven days a week when needed and would take children from 5:00 a.m. to midnight. On a limited basis, the applicant will also provide overnight care for up to four children at a time.  Considerations: Childcare will take place within an existing single-family dwelling that has a fully enclosed rear yard. The use supports the Comprehensive Plan’s goal for establishing and sustaining “Great Neighborhoods” in the Suburban Area by providing a necessary and complementary non-residential use in this neighborhood. The earlier and later-than typical hours will also help lessen traffic impacts of parents dropping off/picking up children on adjacent residents by spreading the times across a larger range and by occurring during off-peak hours of travel. The applicant has provided four signatures of support from adjacent neighbors. 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 April 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. Packet Pg. 233  5.L.6.a Phenomenal Kidz Page 2 of 3 Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) 1. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 6. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front façade of the house. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official’s Office for use of the house as a Family Day-Care Home. 9. Up to 4 children are permitted to be cared for overnight with this Family Day- Care Home Conditional Use Permit. 10. Arrival and departure times shall be staggered to avoid vehicular congestion.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Signatures of Support (4) Family Day Home Licensing Information Packet Pg. 234  5.L.6.a Phenomenal Kidz Page 3 of 3 Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 235  5.L.6.a Applicant Phenomenal Kidz Agenda Item 6 Property Owners Crescente & Meryll Delgado Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) Planning Commission Public Hearing April 10, 2024 City Council District 7 Request Conditional Use Permit (Family Day-Care Home) Staff Recommendation Approval Staff Planner Elizabeth Nowak Location 1600 Castlefield Road GPIN 1475555115 Site Size 9,366 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling / R-7.5 Residential Surrounding Land Uses and Zoning Districts North Lynnhaven Parkway Single-family dwelling / R-10 Residential South Castlefield Road Single-family dwelling / R-7.5 Residential East Single-family dwelling / R-10 Residential West Single-family dwelling / R-7.5 Residential Phenomenal Kidz Agenda Item 6 PacketPage Pg. 1 236  5.L.6.a Background & Summary of Proposal Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) • The applicant is seeking a Conditional Use Permit to establish a Family Day-Care Home at 1600 Castlefield Road within the Coventry subdivision. The applicant is requesting to operate a day-care for up to 12 children between the ages of one and five in a single-family dwelling. • The 2,107 square feet home has a fenced-in backyard with play equipment where children will play outdoors. No exterior alterations or changes are being proposed. • The applicant’s primary clients will be military families, many of whom have early and late hours during which they will need to access childcare. The applicant plans to provide care seven days a week when needed and would take children from 5:00 a.m. to midnight. On a limited basis, the applicant will also provide overnight care for up to three children at a time. • Given the applicant’s client’s needs for flexibility with pick up and drop off times, the applicant does not have a set drop off/pick up schedule. Parents may drop off/pick up as early as 5:00 a.m. and as late as midnight. The applicant’s house is located at the end of a cul-de-sac street and has space in the driveway for up to four vehicles. No zoning history to report. Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation In Staff’s opinion, this request for a Conditional Use Permit for a Family Day-Care Home is acceptable. Childcare will take place within an existing single-family dwelling that has a fully enclosed rear yard. Staff finds the use supports the Comprehensive Plan’s goal for establishing and sustaining “Great Neighborhoods” in the Suburban Area by providing a necessary and complementary non-residential use in this neighborhood. The property, in Staff’s opinion, is organized, well-kept, and provides a needed service to the community and, with the conditions listed in the Staff report, will not be detrimental to any adjacent land uses. Staff acknowledges that the proposed hours of operation are much longer than other recent applications for Family Day- Care Homes. It is Staff’s opinion that the need for these hours is justifiable and provides a needed service for the Virginia Beach community, specifically military families. The earlier and later-than typical hours will also help lessen traffic Phenomenal Kidz Agenda Item 6 PacketPage Pg. 2 237  5.L.6.a impacts of parents dropping off/picking up children on adjacent residents by spreading the times across a larger range and by occurring during off-peak hours of travel. The applicant has provided four signatures of support from adjacent neighbors. Staff recommends approval of this request with the conditions listed below. Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) Recommended Conditions 1. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license shall may result in revocation of the Family Day-Care Home Conditional Use Permit. 6. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front façade of the house. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official’s Office for use of the house as a Family Day-Care Home. 9. Up to 4 children are permitted to be cared for overnight with this Family Day-Care Home Conditional Use Permit. 10. Arrival and departure times shall be staggered to avoid vehicular congestion. 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 and is not within any of the special areas identified by the Comprehensive Plan. A guiding principle of the Suburban Area is to maintain and create “Great Neighborhoods,” which are thriving Phenomenal Kidz Agenda Item 6 PacketPage Pg. 3 238  5.L.6.a residential areas that have access to and are supported by complementary non-residential uses. The addition of a Family Day-Care Home is compatible with that principle as it provides a needed residential service that has a relative low intensity. Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed; no site improvements are proposed as part of this project that would trigger special regulations associated with this area. No known historic or cultural resources will be affected by this project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 10 ADT1 Castlefield Road No data available Proposed Land Use 3 – 58 ADT 1 Average Daily Trips 2 as defined by a single-family 3 as defined by a single-family residence residence with a day-care with up to 12 children Master Transportation Plan (MTP) and Capital Improvement Program (CIP) In the vicinity of this application, Castlefield Road is considered 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 connects to City water and sewer. Public Outreach Information Planning Commission • The applicant sent a letter to her immediate neighbors and received four signatures of support on a petition letter explaining her proposed Family Day-Care Home. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 11, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on April 4, 2024. Phenomenal Kidz Agenda Item 6 PacketPage Pg. 4 239  5.L.6.a City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 2024. Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) • 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 May 6, 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 May 17, 2024. Phenomenal Kidz Agenda Item 6 PacketPage Pg. 5 240  Proposed Site Layout Phenomenal Kidz Agenda Item 6 PacketPage 241 Pg. 6 5.L.6.a Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners)  Site Photos Phenomenal Kidz Agenda Item 6 PacketPage 242 Pg. 7 5.L.6.a Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners)  Site Photos Phenomenal Kidz Agenda Item 6 PacketPage 243 Pg. 8 5.L.6.a Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners)  Disclosure Statement Phenomenal Kidz Agenda Item 6 PacketPage 244 Pg. 9 5.L.6.a Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners)  Disclosure Statement Phenomenal Kidz Agenda Item 6 Packet Page 245 Pg.10 5.L.6.a Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners)  Disclosure Statement Phenomenal Kidz Agenda Item 6 Packet Page 246 Pg.11 5.L.6.a Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners)  Disclosure Statement Phenomenal Kidz Agenda Item 6 Packet PagePg.1247 5.L.6.a Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners)  Disclosure Statement Phenomenal Kidz Agenda Item 6 Packet Page 248 Pg.13 5.L.6.a Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners)  Disclosure Statement Phenomenal Kidz Agenda Item 6 Packet Page 249 Pg.14 5.L.6.a Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners)  5.L.6.a Next Steps Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Phenomenal Kidz Agenda Item 6 Page Packet Pg.15 250  5.L.6.a B2 Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Ro u n d H R10 R10 kwa y R P ar ill Drive en Lynnhav R10 v en P ar kway Lynn ha R10 R7.5 Clo se hed g e er ound H Su m m R7.5 Devo n Wa e ill Driv y R7.5 R10 R7.5 Site Property Polygons Zoning Building Phenomenal Kidz 1600 Castlefield Road µ Feet Packet Pg. 251 0 25 50 100 150 200 250 300  5.L.6.a Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) Virginia Beach Planning Commission April 4, 2024, Public Meeting Agenda Item # 6 Phenomenal Kidz RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Agenda item number 6, Phenomenal Kidz. Is there a representative here today? Please come forward. Hello. Could you please state your name for the record? Ms. Lister: Rebecca Lister. Ms. Cuellar: Are the conditions acceptable to you? Ms. Lister: Yes. Ms. Cuellar: Thank you very much. You may be seated. Is there any opposition to this item being on the consent agenda? Hearing none, I've asked Commissioner Hippen to please read this into the record. Ms. Hippen: The applicant, Phenomenal Kidz, is seeking a conditional use permit to establish a family-daycare home at 1600 Castlefield Road within the Coventry subdivision. The applicant is requesting to operate a daycare for up to 12 children between the ages of 1 and 5 in a single-family dwelling. The 2,100 square foot home has a fenced in backyard with play equipment where children will play outdoors. The applicant's primary clients will be military families. Care will occur seven days a week. On a limited basis, the applicant will also provide overnight care for up to three children at a time. Given the applicant's client's needs for flexibility with pickup and drop- off times, the applicant does not have a set drop-off pickup schedule. We wish that this be placed on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Packet Pg. 252  5.L.6.a Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from – Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn’t record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hippen AYE Mauch AYE Parks ABSENT Plumlee AYE CONDITIONS 1. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. Packet Pg. 253  5.L.6.a Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 6. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front façade of the house. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official’s Office for use of the house as a Family Day-Care Home. 9. Up to 4 children are permitted to be cared for overnight with this Family Day-Care Home Conditional Use Permit. 10. Arrival and departure times shall be staggered to avoid vehicular congestion. Packet Pg. 254  5.L.6.a Packet Pg. 255 CamScanner Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) Conditional  5.L.6.a Packet Pg. 256 CamScanner Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) Conditional  5.L.6.a FAMILY DAY HOME Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) LICENSING INFORMATION PROVIDED BY PATRICIA MEYER WITH THE DEPARTMENT OF EDUCATION’S OFFICE OF CHILD CARE HEALTH AND SAFETY Packet Pg. 257  5.L.6.a Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) VIRGINIA DEPARTMENT OF EDUCATION OFFICE OF CHILD CARE HEALTH AND SAFETY FAMILY DAY HOME LICENSING INFORMATION Family day home care is the most common form of child care in this country, especially for younger children. Parents may choose family child care for its intimate, home-like setting, flexible hours, consistency of caregiver, and small group size. The Code of Virginia mandates the licensure of family day homes that provide care for five through twelve children (exclusive of the provider's own children and any children who reside in the home). The care may be offered in the home of the provider or in the home of any of the children in care. A family day home caring for more than four children under the age of two, including the provider's own children and any children who reside in the home, must be licensed or voluntarily registered. A family day home where the children in care are all related to the provider by blood or marriage is not required to be licensed. During the absence (less than 24 hours) of a parent or guardian, the licensed family day home provider assumes responsibility for the supervision, protection, and well-being of a child under 13 years of age. Licensing standards, which are proposed by the Virginia Board of Education and enforced by the Virginia Department of Education, ensure that the activities, services, and facilities of the family day home are conducive to the welfare of the children in care. A family day home initially receives a conditional license which is for up to a 6 month period. Licenses may then be renewed and a home may receive a one, two or three year license, depending upon their compliance history. A provisional license for a 6 month period may also be issued due to non-compliance following the issuance of a regular 1, 2 or 3 year license. A licensed family day home receives at least 2 monitoring inspections each year by their assigned inspector. Additional inspections may occur as a result of a self-reported incident, serious injury report or complaint. When non-compliance is found, a violation notice is issued to the provider. If the violation(s) are serious in nature, a determination will be made by the field office whether it is appropriate to recommend an enforcement action in the form of one of more sanctions to be issued to the program. There is an enforcement process that involves review and decision making by home office personnel before a sanction is administered. Providers have a right to appeal violations and sanctions, and there are formal processes for these actions as well. QUESTIONS? Please contact Trish Meyer, Licensing Administrator at 757-510-4026 or via email at patricia.meyer@doe.virginia.gov 1 Packet Pg. 258  5.L.6.a How to Become a Licensed Family Day Home Provider (FDH) Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) 1. Complete the Phase I: Pre-Application Training for Licensed Family Day Homes. This training provides information about the initial application process and important points of consideration prior to applying for licensure. 2. Review the following information: o Welcome letter o Regulations for General Procedures and Standards for Licensed Family Day Homes | Normas Para Centros De Cuidado Infantil Familiar Diurno Con Licencia o Information about Background Checks for Child Day Programs 3. Contact the Office of Child Care Health and Safety in your region to sign up for Pre-Licensure Orientation for Licensed Family Day Homes – Phase 2. This is a required orientation where licensing inspectors will focus on the Standards for Licensed Family Day Homes and answer any of your questions. 4. Contact your local zoning office to determine the number of children you may request to care for in your home. Note: Written verification of zoning requirements is required as part of the application. 5. Complete an initial application for licensure, and upload the application and all required attachments through the online portal. The following listed documents are required attachments for an initial application for licensure, and will need to be uploaded in the provider portal when submitting your initial application. Model forms are provided below, if available. Application fees are not being collected by the department through June 2025. o Budget form o Zoning form signed by the zoning official o Documentation of completed Phase II Pre-Licensure Orientation o Verification of age for the applicant, assistant(s) and substitute provider(s) o Documentation of the provider’s education o Documentation of the provider’s programmatic experience o Proof of current first aid and cardiopulmonary resuscitation (CPR) certification o Tuberculosis (TB) Test/Screening results for all caregivers and adult household members (completed within the last 30 days) o Background checks for all caregivers, household members, individuals listed in the business entity section of the application (completed within the last 90 days) o Three letters of reference for all individuals listed in the business entity section of the application – This is not required for public agencies o A credit reference for the business entity – This is not required for public agencies o Documentation of a fictitious name from the Virginia State Corporation Commission (VSCC) if the home will operate under a name other than that of the business entity o If applicable, business entity paperwork such as partnership agreements, association bylaws, or certificates and articles of formation from the VSCC 6. Prepare for your home inspection. After you have completed steps 1-4 and your application is complete, a licensing inspector will contact you to schedule an inspection of your home. 2 Packet Pg. 259  5.L.6.a Are you interested in becoming a voluntarily registered family day home? Voluntary Registration is a form of regulation available to family day homes that are not required to be Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) licensed. These homes have four or fewer children in care at any one time, not including the provider's own child and any children who legally reside in the home. The program is administered by the Office of Child Care Health and Safety and community-based agencies that have a contract with the Virginia Department of Education (VDOE) to administer the program in specific areas of the state. Regulations for voluntarily registered programs are set forth in 8VAC20-850. To become registered, a family day home provider must submit an application, a $50.00 non- refundable application fee, and the results of a TB screening, the results of a criminal history search, the results of a child abuse registry search, and a completed sworn statement or affirmation for themselves, any adults that reside in the home, any assistants and any substitute providers. Additional requirements include a child abuse registry search for children, 14 to 17 years of age, residing in the home. Lastly, they must complete a self-assessment of their compliance with the health and safety requirements using the health and safety checklist. The contract agency or the Office of Child Care Health and Safety will conduct a home inspection to confirm compliance with the health and safety requirements. Upon recommendation for approval, the Superintendent for Public Instruction issues a two-year certificate of registration. During the two-year period, the contracting agency and VDOE licensing staff monitor a sample number of registered homes for compliance with the requirements. Voluntarily registered homes that are subsidy vendors will receive annual inspections to determine compliance with the Code and the subsidy health and safety requirements. Start by reviewing the welcome letter and review the resources below: • Voluntary Registration of Family Day Homes: Requirements for Providers (regulation) | Registro Voluntario de Hogares Familiares Diurnos: Requisitos Para Los Proveedores • Information on background checks for child day programs How to Apply for Initial Registration 1. Determine if your home is located in a city/county administered by the Office of Child Care Health and Safety or contract agency. 2. Complete the following application documents and obtain all required attachments. The documents listed below are required for a complete application. Model forms are provided below, if available. • Application for Voluntary Registration (PDF) • Report of Tuberculosis Screening Evaluation (PDF) • Health and Safety Checklist (PDF) • Copies of required background checks for all caregivers and household members completed within the last 90 days 3. Submit your completed application and all required attachments to the Office of Child Care Health and Safety or contract agency depending on where your program is located. 4. Prepare for your home inspection. 3 Packet Pg. 260  5.L.6.a Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) 8VAC20-800-40. Capacity. A. The provider shall ensure that the total number of children receiving care at any one time does not exceed the maximum licensed capacity of the home. B. When at least one child receives care for compensation, all children, exclusive of the provider's own children and children who reside in the home, who are in the care and supervision of a provider, count in the licensed capacity. C. The department will establish the home's maximum capacity based on the following factors: 1. The availability of adequate space to allow each child free movement and active play indoors and outdoors as required by 8VAC20-800-380; 2. The provider's responsibility to care for another individual who may require special attention or care, including but not limited to a child with a serious physical, emotional, or behavioral condition; or 3. The issuance of a special order to limit capacity pursuant to § 22.1-289.023 of the Code of Virginia. 8VAC20-800-380. Space. The home shall provide each child with adequate space to allow free movement and active play indoors and out. 8VAC20-800-570. Determining need for additional caregiver. A. The provider shall ensure that a caregiver does not exceed 16 points by using the following point system to determine if an additional caregiver is needed: 1. Children from birth through 15 months of age count as four points each; 2. Children from 16 months through 23 months of age count as three points each; 3. Children from two through four years of age count as two points each; 4. Children from five years through nine years of age count as one point each; and 5. Children who are 10 years of age and older count as zero points. B. A caregiver's own children and resident children under eight years of age count in point maximums. FOR MORE INFORMATION GO TO: www.childcare.virginia.gov 4 Packet Pg. 261  5.L.6.a COMMONWEALTH OF VIRGINIA DEPARTMENT OF EDUCATION Attachment: 06_ARF Package for Phenomenal Kidz (3914 : Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) CONTACT WITH LOCAL ZONING ADMINISTRATOR THE FOLLOWING INDIVIDUAL PLANS TO SUBMIT AN APPLICATION FOR A LICENSE TO OPERATE A FAMILY DAY HOME PURSUANT TO §§ 22.1-289.02 and 22.1-289.011 OF THE CODE OF VIRGINIA ____________________________________________________________________________ To Be Completed by Operator of Family Day Home NAME OF APPLICANT ________________________________________________________________ PHYSICAL ADDRESS_________________________________________________________________ STREET OR ROUTE NO. CITY STATE ZIP APPLICANT’S PHONE NO.:____________EMAIL ADDRESS:________________________________ THE HOME IS LOCATED IN THE COUNTY OR CITY OF __________________________________ APPLICANT IS REQUESTING A LICENSE TO CARE FOR THE FOLLOWING NUMBER OF CHILDREN (NOT INCLUDING CHILDREN WHO RESIDE IN THE HOME): __________________ ____________________________________________________________________________ To Be Completed by Local Zoning Administrator THE ZONING ADMINISTRATOR’S SIGNATURE ON THIS FORM VERIFIES THAT THE APPLICANT HAS INFORMED THE ZONING ADMINISTRATOR OF HIS/HER PLANS TO APPLY FOR A LICENSE TO OPERATE A FAMILY DAY HOME AT THE ADDRESS ABOVE. Tax Map # Parcel # Zoning District _____________________________________________________ Printed Name of Zoning Administrator ________________________________________________________ ___________________________ Signature of Zoning Administrator Date Telephone Number: ____________________________________________________________________ Email Address: ________________________________________________________________________ Comments: 5 Packet Pg. 262  5.L.7 INTI & LUGH VENTURES, LLC D/B/A RELIABLE DETAILERS / TIMBERLAKE SHOPPING CENTER ASSOCIATES, LLC FOR A CONDITIONAL USE PERMIT RE CAR WASH FACILITY AT 4239 HOLLAND ROAD, SUITE 772 DISTRICT 10 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. 263  5.L.7.a Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: INTI & LUGH VENTURES, LLC [Applicant] TIMBERLAKE SHOPPING CENTER ASSOCIATES, LLC [Property Owner] Conditional Use Permit (Car Wash Facility) for the property located at 4239 Holland Road, Suite 772 (GPIN 1476868558). COUNCIL DISTRICT 10 MEETING DATE: May 21, 2024  Background: The applicant seeks a Conditional Use Permit to operate a Car Wash Facility in a 2,652 square-foot suite of the Timberlake Shopping Center in order to operate an auto-detailing business. The facility will have a rinse and wash station at the rear entrance in which employees will handwash and detail personal vehicles. Most of the detailing will be conducted outdoors, however, there is an overhead door with access to the interior of the suite, which will allow some work, such as handwashing vehicles, to occur indoors if needed. Service will be by appointment only and employees will have patrons wait inside or drop off their vehicles. The applicant plans to operate primarily between 9:00 a.m. and 5:00 p.m., Monday through Friday. During the summer, hours of operation would extend to seven days a week. No alterations to the building are proposed with the exception of the signage for the suite which will be updated to reflect the new tenant.  Considerations: The shopping center is a well-established anchor in the Timberlake area and provides a range of commercial services and businesses for nearby residents. It is located on Holland Road and South Plaza Trail, both well-traveled routes in the city, an appropriate location for commercial uses. The applicant’s proposal includes no major alterations to the existing building and, while it will add to the mix of businesses in the shopping center, no negative traffic impacts are anticipated as a result of this use. The low volume of serviced vehicles in conjunction with typical operations at this part of the shopping center (i.e., loading and unloading of trucks for other businesses, dumpster service, etc.) will have a minimal effect on neighbors. 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 April 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. Packet Pg. 264  5.L.7.a Inti & Lugh Ventures, LLC Page 2 of 2 Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake 1. The operation of this use shall be in substantial conformance with the submitted concept plan entitled “Proposed Car Wash Facility” and exhibited in the Staff Report dated April 10, 2024. 2. Hours of operation for the Car Wash Facility shall be limited to 9:00 a.m. to 5:00 p.m., seven days a week. 3. All washing and detailing of vehicles shall only occur within the existing suite or the area identified on the concept plan “Proposed Car Wash Facility” and exhibited in the Staff Report dated April 10, 2024. This area shall be visibly identified on site either by paint or bollards and rope. 4. All water, runoff, or other liquid or debris generated by this use shall be collected and disposed of in accordance with stormwater regulations. 5. Vehicles will only be located in the servicing area at the rear of the building when being actively detailed. In the event there is a queue for services, vehicles shall be parked in the primary parking lot until they are to be serviced. 6. No repairs of motor vehicles shall occur. 7. No outside storage of equipment, parts, tires, merchandise or materials shall be permitted on the site. 8. No outside storage of vehicles in a state of obvious disrepair shall be permitted, including overnight parking of client vehicles at the rear of the shopping center building. 9. The use of amplified speakers outdoors is prohibited. 10. The removable drain seal used to prevent runoff from this use directly entering the stormwater system shall not be installed during inclement weather and shall be removed at the end of each day.  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. 265  5.L.7.a Applicant Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Property Owner Timberlake Shopping Center Associates, LLC Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake Planning Commission Public Hearing April 10, 2024 City Council District 10 Request Conditional Use Permit (Car Wash Facility) Staff Recommendation Approval Staff Planner Elizabeth Nowak Location 4239 Holland Road, Suite 772 GPIN 1476868558 Site Size 2,652 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping center/ PD-H1 Planned Unit Development Surrounding Land Uses and Zoning Districts North Holland Road Shopping center / B-2 Community Business South Townhomes / PD-H1 Planned Unit Development East S. Plaza Trail Apartments / PD-H1 Planned Unit Development West Townhomes, Mini-warehouse / PD-H1 Planned Unit Development Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 PacketPage Pg. 1266  5.L.7.a Background & Summary of Proposal Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake • The applicant seeks a Conditional Use Permit to operate a Car Wash Facility in a 2,652 square-foot suite of the Timberlake Shopping Center. There is an existing auto-detailing business operating in this suite of the shopping center; this application will add hand-washing and detailing services offered at this location. The store currently sells items related to auto care and cleaning. The retail portion of the operations will remain but will be operated under a new name. • Timberlake Shopping Center is zoned PD-H1 as part of the Timberlake Land Use Plan. The land use plan limits uses on this parcel to those listed in the B-2 Community Business District. Car Wash Facilities are conditionally permitted in the B-2 Community Business District. Other businesses operating in this shopping center include restaurants, personal services, a gym, a dental office, and other convenience and supply stores. • The Car Wash Facility that the applicant is proposing is a limited operation that will be located at the rear of the suite in the loading area of the shopping center. There will be a rinse and wash station at the rear entrance in which employees will handwash and detail personal vehicles. Most of the detailing will be conducted outdoors, however, there is an overhead door with access to the interior of the suite. Some work, such as handwashing vehicles, may occur indoors. • The applicant will mark the outdoor area for detailing with paint on the existing pavement and/or with temporary bollards and ropes. • When handwashing vehicles, the applicant will place a removable drain seal atop the stormwater drain in the loading area behind their suite to prevent runoff from directly entering the stormwater system untreated. Runoff collected on the seal will need to be left to evaporate or otherwise collected, treated, and discharged in accordance with stormwater regulations. • The applicant plans to operate primarily between 9:00 a.m. and 5:00 p.m., Monday through Friday. During the summer, hours of operation would extend to seven days a week. • Services are scheduled by appointment to avoid having customers waiting in a queue. No cars will be stacked at the rear of the site waiting for services. Employees will have patrons wait inside or drop off their cars out front and will drive the car out back to wash it and return it to the front upon completion. • The applicant intends to update signage for the business on the existing monument style sign by replacing the existing sign plate. Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 PacketPage Pg. 2267  5.L.7.a Zoning History Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake # Request 2 1 1 LUP Amendment Approved 06/18/2019 REZ (PD-H1 Timberlake Land Use Plan) Approved 06/14/1971 4 2 CUP (Tattoo Parlor) Approved 10/17/2017 CUP (Indoor Recreational Facility) Approved 04/05/2016 CUP (Indoor Recreational Facility) Approved 07/03/2012 CUP (Motor Vehicle Rentals) Approved 08/27/1996 3 3 CUP (Communication Tower) Approved 10/14/2008 MDC (Timberlake Land Use Plan) Approved 10/14/2008 LUP Amendment Approved 11/08/1995 4 LUP Amendment Approved 11/08/1995 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation In Staff’s opinion, this request for a Conditional Use Permit to operate a Car Wash Facility in the Timberlake Shopping Center is acceptable. The shopping center is a well-established anchor in the Timberlake area and provides a range of commercial services and businesses for nearby residents. As part of the Suburban Area identified in the Comprehensive Plan, Timberlake Shopping Center continues to support the plan’s goals for the development of Great Neighborhoods by providing necessary and appealing services for adjacent residential areas. It is located on Holland Road and South Plaza Trail, both well-traveled routes in the city, an appropriate location for commercial uses. The applicant’s proposal includes no major alterations to the existing building and, while it will add to the mix of businesses in the shopping center, no negative traffic impacts are anticipated as a result of this use. Unlike automated car washes which can service hundreds of vehicles daily, the applicant estimates that only four to six vehicles will be serviced daily at the handwashing and detailing operation. The activity will take place in a defined area at the rear of the building in the loading area, a part of the shopping center that is well screened from Holland Road and South Plaza Trail by the existing building. While townhomes do abut the rear of the shopping center, there is an existing six-foot tall privacy fence that separates the residences from the shopping center. Staff acknowledges there will be noise and activity generated by this use, however, Staff believes that the low volume of serviced vehicles in conjunction with typical operations at this part of the shopping center (i.e., loading and unloading of trucks for other businesses, dumpster service, etc.) will minimally affect neighbors. To help ensure this, Staff recommends Condition 8 to prohibit the use of amplified speakers outdoors and Condition 2 to limit the hours of operation to between 9:00 a.m. and 5:00 p.m. While the applicant has stated that the current intent is to only operate seven days a week during summer when there is more light and greater likelihood of fair weather, it is Staff’s opinion that the proposed hours will minimize any disruption to adjacent residents and will provide sufficient flexibility for the business as it matures. The applicant has had preliminary discussions with Public Works Stormwater Engineering regarding a plan to adequately collect and properly dispose of any water/runoff generated by the handwashing operation. The applicant will ensure that no water enters the storm drain without treatment through the use of removable drain seal. To prevent ponding or other issues, Staff recommends Condition 10 to require that the seal not be installed during inclement weather; additionally, the applicant has stated that no washing will occur when there is inclement weather. The preliminary Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 PacketPage Pg. 3268  5.L.7.a information provided to Staff appears to adequately address concerns regarding runoff and Staff is recommending Condition 4 to ensure a proper solution is realized on site. Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake Staff recommends approval of this application subject to the following exhibits and conditions. Recommended Conditions 1. The operation of this use shall be in substantial conformance with the submitted concept plan entitled “Proposed Car Wash Facility” and exhibited in the Staff Report dated April 10, 2024. 2. Hours of operation for the Car Wash Facility shall be limited to 9:00 a.m. to 5:00 p.m., seven days a week. 3. All washing and detailing of vehicles shall only occur within the existing suite or the area identified on the concept plan “Proposed Car Wash Facility” and exhibited in the Staff Report dated April 10, 2024. This area shall be visibly identified on site either by paint or bollards and rope. 4. All water, runoff, or other liquid or debris generated by this use shall be collected and disposed of in accordance with stormwater regulations. 5. Vehicles will only be located in the servicing area at the rear of the building when being actively detailed. In the event there is a queue for services, vehicles shall be parked in the primary parking lot until they are to be serviced. 6. No repairs of motor vehicles shall occur. 7. No outside storage of equipment, parts, tires, merchandise or materials shall be permitted on the site. 8. No outside storage of vehicles in a state of obvious disrepair shall be permitted, including overnight parking of client vehicles at the rear of the shopping center building. 9. The use of amplified speakers outdoors is prohibited. 10. The removable drain seal used to prevent runoff from this use directly entering the stormwater system shall not be installed during inclement weather and shall be removed at the end of each day. 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 Suburban Area and is not part of any special area plan or overlay. A guiding principle of the Suburban Area is the creation and maintenance of “Great Neighborhoods,” which emphasizes development of residential neighborhoods that are supported by adjacent, Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 PacketPage Pg. 4269  5.L.7.a compatible non-residential uses. Commercial activity should be located along edges of established neighborhoods, such as the existing Timberlake Shopping Center. Uses that have outdoor components should be well-screened from residential uses. Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. No ground-disturbing activities are planned to accompany this proposal. No historical or cultural resources will be affected by this project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 37,900 ADT1 32,700 ADT 1 (LOS2 “D”) No change anticipated 1 Average Daily Trips 2 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road is a four-lane divided minor urban arterial facility. The Holland Road Phase I CIP project—which will reconfigure Holland Road as a six-lane superstreet with the addition of through lanes in both directions and installation of a restricted crossing U-Turn—is approved for this area of Holland Road. The project will also add a continuous five- foot wide sidewalk on both sides of Holland Road, LED streetlights, and bus shelters at four existing bus stops. Construction is scheduled to begin in 2031. Public Utility Impacts Water & Sewer The site connects 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 March 11, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on April 4, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 2024. Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 PacketPage Pg. 5270  5.L.7.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 May 6, 2024 Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake • 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 May 17, 2024. Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 PacketPage Pg. 6271  Proposed Site Layout Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 272 5.L.7.a PacketPage Pg. 7 Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake  Proposed Exterior Location for Detailing Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 273 5.L.7.a PacketPage Pg. 8 Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake  Site Photos Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 274 5.L.7.a PacketPage Pg. 9 Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake  Site Photos Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Packet 275 5.L.7.a Page Pg.10 Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake  Disclosure Statement Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Packet 276 5.L.7.a Page Pg.11 Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake  Disclosure Statement Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Packet 5.L.7.a Page Pg.1277 Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake  Disclosure Statement Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Packet 278 5.L.7.a Page Pg.13 Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake  Disclosure Statement Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Packet 279 5.L.7.a Page Pg.14 Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake  Disclosure Statement Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Packet 280 5.L.7.a Page Pg.15 Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake  Disclosure Statement Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Packet 281 5.L.7.a Page Pg.16 Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake  5.L.7.a Next Steps Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake • 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. Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page Packet Pg.17282 PDH1 5.L.7.a SC rla B2 Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a ke Ho PDH1 lla aT n be d ra il O2 Ro Tim ad Plaz B2 PDH1 aT ra il Plaz Sp aT e nc ra il Minnard Court e Ci rc Pl PDH1 az le PDH1 PDH1 Site Property Polygons Zoning Building Inti & Lugh Ventures, LLC d/b/a Reliable Detailers 4239 Holland Road, Suite 772 µ Feet Packet Pg. 283 0 40 80 160 240 320 400 480  5.L.7.a Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake Virginia Beach Planning Commission April 4, 2024, Public Meeting Agenda Item # 7 Inti & Lugh Ventures, LLC d/b/a Reliable Detailers RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Having no opposition. Thank you. Our next item is number 7, Reliable Detailers. If you could please come forward. Mr. Obando: Good afternoon. For the record, my name is Ebert Obando. I am one of the owners of Reliable Detailers. We have reviewed the conditions set forward for us, and we find those agreeable. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Mauch to read this into the record. Mr. Mauch: The applicant seeks a conditional use permit to operate a car wash facility in a 2,652 square foot suite of the Timberlake Shopping Center. There is an existing auto detailing business operating in the suite of the shopping center. This application will add handwashing and detailing services offered at this location. The store currently sells items related to auto care and cleaning. The retail portion of the operation will remain but will be operated under a new name. In Staff's opinion and the Planning Commission's, the request for a Conditional Use Permit to operate a car wash facility in the Timberlake Shopping Center is acceptable, and hearing no opposition, we chose to put it on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from – Packet Pg. 284  5.L.7.a Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn’t record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hippen AYE Mauch AYE Parks ABSENT Plumlee AYE CONDITIONS 1. The operation of this use shall be in substantial conformance with the submitted concept plan entitled “Proposed Car Wash Facility” and exhibited in the Staff Report dated April 10, 2024. 2. Hours of operation for the Car Wash Facility shall be limited to 9:00 a.m. to 5:00 p.m., seven days a week. 3. All washing and detailing of vehicles shall only occur within the existing suite or the area identified on the concept plan “Proposed Car Wash Facility” and exhibited in the Staff Report dated April 10, 2024. This area shall be visibly identified on site either by paint or bollards and rope. 4. All water, runoff, or other liquid or debris generated by this use shall be collected and disposed of in accordance with stormwater regulations. 5. Vehicles will only be located in the servicing area at the rear of the building when being actively detailed. In the event there is a queue for services, vehicles shall be parked in the primary parking lot until they are to be serviced. 6. No repairs of motor vehicles shall occur. 7. No outside storage of equipment, parts, tires, merchandise or materials shall be permitted on the site. 8. No outside storage of vehicles in a state of obvious disrepair shall be permitted, including overnight parking of client vehicles at the rear of the Packet Pg. 285  5.L.7.a Attachment: 07_ARF Package for Inti & Lugh Ventures, LLC (3915 : Inti & Lugh Ventures, LLC d/b/a Reliable Detailers (Applicant) Timberlake shopping center building. 9. The use of amplified speakers outdoors is prohibited. 10. The removable drain seal used to prevent runoff from this use directly entering the stormwater system shall not be installed during inclement weather and shall be removed at the end of each day. Packet Pg. 286  5.L.8 MICHAEL O’ CONNOR / MICHAEL H & CHERYL K. O’CONNOR FOR A CONDITIONAL USE PERMIT RE SHORT-TERM RENTAL AT 303 ATLANTIC AVENUE, UNIT 1202 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. 287  5.L.8.a Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHAEL O’CONNOR [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 303 Atlantic Avenue, Unit 1202 (GPIN 24273224032260) COUNCIL DISTRICT 5 MEETING DATE: May 21, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom unit within the Dolphin Run Condominiums. There are no current or past zoning violations associated with the subject property. This condominium has not previously been advertised or rented as a Short Term Rental  Considerations: Short Term Rentals are prevalent in this portion of the City with a total of ±60 previously approved Conditional Use Permits for Short Term Rentals within a half mile radius. Dolphin Run Condominiums was 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, which is provided 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 April 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1202, 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. 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. Packet Pg. 288  5.L.8.a Michael O’Connor Page 2 of 4 Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners) 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 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. 289  5.L.8.a Michael O’Connor Page 3 of 4 Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners) 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. 290  5.L.8.a Michael O’Connor Page 4 of 4 Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners) 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. 291  5.L.8.a Applicant & Property Owner: Michael O’Connor Agenda Item 10 Planning Commission Public Hearing: April 10, 2024 Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners) City Council District 5 Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Garek Hall Hannigan Location 303 Atlantic Avenue, Unit 1202 GPIN 24273224032260 Site Size 1.03 acres Existing Land Use and Zoning District Multi-family dwelling / OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 4th Street (Connector Park) Multi-family dwellings / OR Oceanfront Resort South 3rd Street (Connector Park) Hotel / OR Oceanfront Resort East Boardwalk Atlantic Ocean, Beach West Atlantic Avenue Civic use, Public Use / OR Oceanfront Resort Michael O’Connor Agenda Item 10 PacketPage Pg. 1 292  5.L.8.a Background & Summary of Proposal Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners) Site Conditions and History • This 45,000 square foot parcel contains the Dolphin Run Condominiums and is zoned OR Oceanfront Resort District. According to City Records, this multi-family condominium was constructed in 1975. • 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. • There are no current or past zoning violations on this site. This condominium has not previously been advertised or rented as a Short Term Rental. • 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 March 15, 2024 is shown in the chart below: REGISTERED WITH THE CURRENTLY ADVERTISED LAST KNOWN RENTAL COMMISSIONER OF THE REVENUE No N/A N/A Short Term Rentals in the Vicinity Michael O’Connor Agenda Item 10 PacketPage Pg. 2 293  5.L.8.a Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners) 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; historical exemption made): 1 • Number of off-street parking spaces provided: 1 2 Zoning History # Request 1 STR Approved 07/11/2023 STR Approved 06/20/2023 STR Approved 05/16/2023 STR Approved 04/18/2023 1 STR Approved 12/13/2022 STR Approved 10/18/2022 STR Approved 08/16/2022 STR Approved 08/16/2022 STR Approved 08/16/2022 2 COA (Colocation of Antennas) Approved 02/20/2017 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 Short Term Rental within the Dolphin Run Condominium building. Short Term Rentals are prevalent on this property with a total of nine (9) approved Conditional Use Permits for the operation of Short Term Rentals. The parcel is bounded by the Boardwalk, Beach, and Atlantic Ocean to the east, the 4th Street Connector Park to the north, the 3rd Street Connector Park to the south, and Atlantic Avenue to the west. The surrounding area is a mixture of multi-family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. 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 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 Michael O’Connor Agenda Item 10 PacketPage Pg. 3 294  5.L.8.a 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.” Dolphin Run Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners) 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 along the Atlantic Avenue Corridor, which includes the most prominent frontage of resort- oriented uses at the Oceanfront Resort. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round destination, affording a more walkable, vibrant, engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term rental helps achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. 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 303 Atlantic Avenue, Unit 1202, 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. 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. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 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. Michael O’Connor Agenda Item 10 PacketPage Pg. 4 295  5.L.8.a 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 Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners) 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. Michael O’Connor Agenda Item 10 PacketPage Pg. 5 296  5.L.8.a 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 Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners) occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 11, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on April 4, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 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 May 6, 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 May 17, 2024. Michael O’Connor Agenda Item 10 PacketPage Pg. 6 297  Site Layout & Parking Plan Michael O’Connor Agenda Item 10 PacketPage 298 Pg. 7 5.L.8.a Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners)  Site Photos Michael O’Connor Agenda Item 10 PacketPage 299 Pg. 8 5.L.8.a Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners)  Disclosure Statement Michael O’Connor Agenda Item 10 PacketPage 300 Pg. 9 5.L.8.a Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners)  Disclosure Statement Michael O’Connor Agenda Item 10 Packet Page 301 Pg.10 5.L.8.a Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners)  X Disclosure Statement 5/7/2024 Garek Hall Hannigan Michael O’Connor Agenda Item 10 Packet Page 302 Pg.11 5.L.8.a Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners)  5.L.8.a Next Steps Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners) • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Michael O’Connor Agenda Item 10 Page Packet Pg.12 303  5.L.8.a OR OR eet Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & h Str 4t te ret hS 4t nue cAve OR OR i lant At OR At lant OR icA ven eet ue d Str 3r OR OR Site Property Polygons Zoning Building Mi 303At l chaelO’ ant i Connor cAvenue,Uni t1202 µ Feet Packet Pg. 304 0 15 30 60 90 120 150 180  MICHAEL O’CONNOR STR VICINITY MAP 5.L.8.a Packet Pg. 305 Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H &  5.L.8.a Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners) Virginia Beach Planning Commission April 4, 2024, Public Meeting Agenda Item # 10 Michael O’Connor RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Item number 10, Michael O'Connor. Is there someone here representing this application? Madam Clerk: It seems that he may be on via Webex, Michael O'Connor. Mr. Michael O'Connor? He is trouble having connecting, but he is there. Ms. Cuellar: Mr. O'Connor, are the conditions acceptable to you? Madam Clerk: I guess he can type. Ms. Cuellar: Is there any opposition to this application being put on the consent agenda? Okay, then I've asked Mr. Plumlee to please read this into the record. Mr. Plumlee: This is an application for a short-term rental conditional use permit at 303 Atlantic Avenue, Unit 1202. This is in the Dolphin Run condominium building, and short-term rentals are prevalent on that property with a total of nine. Currently approved conditional use permits. It's within the short-term rental district approved by the city, and has been thoroughly vetted by our excellent staff. It's received no comments in opposition. Therefore, it's appropriate for the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from – Mr. Plumlee: I'm abstaining from item 5. Packet Pg. 306  5.L.8.a Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners) Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn’t record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hippen AYE Mauch AYE Parks ABSENT Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1202, 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. 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. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 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 Packet Pg. 307  5.L.8.a Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners) 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. 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. Packet Pg. 308  5.L.8.a Attachment: 08_ARF Package for Michael O'Connor (3916 : Michael O’Connor (Applicant) Michael H & Cheryl K O’Connor (Property Owners) 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. Packet Pg. 309  5.L.9 JAMES MOORE FOR A CONDITIONAL USE PERMIT RE SHORT-TERM RENTAL AT 919 PACIFIC AVENUE, UNIT A & 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. 310  5.L.9.a Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JAMES MOORE [Applicant & Property Owner] Conditional Use Permits (Short Term Rentals) for the properties located at 919 Pacific Avenue, Unit A (GPIN 24272444111105) and 919 Pacific Avenue, Unit C (GPIN 24272444111115) COUNCIL DISTRICT 5 MEETING DATE: May 21, 2024  Background: The applicant is requesting a Conditional Use Permit to operate two Short Term Rentals, both one-bedroom units, within the Pacific Place Condominium. There are no current or past zoning violations associated with either unit and neither unit has been previously advertised or rented as a Short Term Rental  Considerations: 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 per unit in the condominium’s parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. 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 April 10, 2024, the Planning Commission passed a motion to recommend approval of these items on the Consent Agenda, by a recorded vote of 9-0. 1. The following conditions shall only apply to the dwelling units addressed as 919 Pacific Avenue Unit A and 919 Pacific Avenue Unit C, and the Short Term Rental uses 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. 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. Packet Pg. 311  5.L.9.a James Moore Page 2 of 4 Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 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. 312  5.L.9.a James Moore Page 3 of 4 Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term 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. 313  5.L.9.a James Moore Page 4 of 4 Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term 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. 314  5.L.9.a Applicant & Property Owner: James Moore Agenda Items Planning Commission Public Hearing: April 10, 2024 City Council District 5 11 & 12 Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term Requests #11 - Conditional Use Permit (Short Term Rental) – 919 Pacific Avenue, Unit A #12 - Conditional Use Permit (Short Term Rental) – 919 Pacific Avenue, Unit C Staff Recommendation Approval Staff Planner Garek Hall Hannigan Location 919 Pacific Avenue, Units A & C GPIN 24272444111105, 24272444111115 Site Size 34,984 square feet 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 Commercial parking lot / OR Oceanfront Resort James Moore Agenda Items 11 & 12 PacketPage Pg. 1 315  5.L.9.a Background & Summary of Proposal Site Conditions and History Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term • 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. • Since these properties were not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the properties would not be considered as grandfathered Short Term Rental units and thus would both require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of March 15, 2024, is shown in the chart below: REGISTERED WITH THE UNIT CURRENTLY ADVERTISED LAST KNOWN RENTAL COMMISSIONER OF THE REVENUE Unit A No N/A N/A Unit C No N/A N/A Short Term Rentals in the Vicinity James Moore Agenda Items 11 & 12 PacketPage Pg. 2 316  5.L.9.a Summary of Proposal The applicant submitted two Conditional Use Permit requests to operate two Short Term Rentals on the subject site. The regulations for the Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term pertaining to this application are listed below. Unit A Unit C Number of bedrooms in the Short Term Rentals: 1 1 Maximum number of guests permitted on the property after 11:00 pm: 2 2 Number of parking spaces required (1 space per bedroom required): 1 1 Number of parking spaces provided on-site: 1 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 CUP (Short Term Rental) Approved 05/16/2023 CUP (Short Term Rental) Approved 06/12/2022 2 CUP (Short Term Rental) Approved 04/05/2022 CUP (Short Term Rental) Approved 11/09/2021 CUP (Short Term Rental) Approved 03/02/2021 1 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 two, one-bedroom Short Term Rental units 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. James Moore Agenda Items 11 & 12 PacketPage Pg. 3 317  5.L.9.a There is one assigned parking space per unit in the condominium’s parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore, the use of these units as a Short Term Rental is consistent with this purpose. These units 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 units addressed as 919 Pacific Avenue Unit A and 919 Pacific Avenue Unit C, and the Short Term Rental uses 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. 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. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 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. James Moore Agenda Items 11 & 12 PacketPage Pg. 4 318  5.L.9.a 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. Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term 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 Rentals 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 James Moore Agenda Items 11 & 12 PacketPage Pg. 5 319  5.L.9.a 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 Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term 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 March 11, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on April 4, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 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 May 6, 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 May 17, 2024. James Moore Agenda Items 11 & 12 PacketPage Pg. 6 320  Site Layout & Parking Plan James Moore Agenda Items 11 & 12 PacketPage 321 Pg. 7 5.L.9.a Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term  Site Photos James Moore Agenda Items 11 & 12 PacketPage 322 Pg. 8 5.L.9.a Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term  Disclosure Statement James Moore Agenda Items 11 & 12 PacketPage 323 Pg. 9 5.L.9.a Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term  Disclosure Statement James Moore Agenda Items 11 & 12 Packet Page 324 Pg.10 5.L.9.a Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term  X Disclosure Statement 5/7/2024 Garek Hall Hannigan James Moore Agenda Items 11 & 12 Packet Page 325 Pg.11 5.L.9.a Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term  5.L.9.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term 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. James Moore Agenda Items 11 & 12 Page Packet Pg.12 326  OR 5.L.9.a Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Atlan ic Pacif e venu R5S OR OR tic A ue Aven OR OR ree t Norfolk A venue 9t h S t Atlan e nue tic Av OR Site Property Polygons Zoning Building James Moore 919 Pacific Avenue, Units A & C µ Feet Packet Pg. 327 0 15 30 60 90 120 150 180  JAMES MOORE STR VICINITY MAP 5.L.9.a Packet Pg. 328 Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner)  5.L.9.a Virginia Beach Planning Commission Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term April 4, 2024, Public Meeting Agenda Items # 11 & 12 James Moore RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much, Commissioner. Items number 11 and 12, James Moore. The applicant can please come forward. Ms. Cox: I'm Marianne Cox, representing James Moore. Ms. Cuellar: Are the conditions acceptable? Ms. Coz: Yes, ma'am. Ms. Cuellar: Thank you very much for being here today. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Plumlee to read this into the record. Mr. Plumlee: This is an application for a short term rental conditional use permit at 919 Pacific Avenue, actually two of them, one for Unit A, one for Unit C. This is within the Pacific Place condominium building. Those types of units are prevalent there, with 15 currently approved. It's within the district approved by the city. It's been vetted by our excellent staff. There's been no objection noted with the city, and therefore it's appropriate for the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from – Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Packet Pg. 329  5.L.9.a Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn’t record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hippen AYE Mauch AYE Parks ABSENT Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling units addressed as 919 Pacific Avenue Unit A and 919 Pacific Avenue Unit C, and the Short Term Rental uses 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. 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. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 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 Packet Pg. 330  5.L.9.a neighborhood complaints, violations of its conditions or violations of any building, Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term 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. 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 Rentals shall have no more than one (1) rental contract for every seven (7) consecutive days. Packet Pg. 331  5.L.9.a 15. The owner or operator shall provide proof of liability insurance applicable to the Attachment: 09_ARF Package for James Moore (3917 : James Moore (Applicant & Property Owner) Conditional Use Permits (Short Term 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. Packet Pg. 332  5.L.10 CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTIONS 201 AND 206 OF THE CITY ZONING ORDINANCE PER 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. 333  5.L.10.a Attachment: 11_ARF Package for ZOA Stormwater (3919 : City of Virginia Beach - An ordinance to amend Sections 201 and 206 of the City CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 201 AND 206 OF THE CITY ZONING ORDINANCE PERTAINING TO STORMWATER FACILITIES WITHIN REQUIRED YARDS. MEETING DATE: May 21, 2024  Background: The purpose of this amendment is to allow public stormwater facilities and the associated accessory components to be located within required yards to provide the necessary flexibility for such facilities and accessory components to locate where they will operate effectively, dependent on the features of the site and surrounding area.  Considerations: Two sections of the Zoning Ordinance are proposed to be amended as follows. 1. Section 201 (a) identifies the improvements that may encroach into a required yard. This amendment adds Section 201 (a)(13) which includes stormwater facilities and related accessory components as an improvement that is allowed to locate in a required yard. 2. Section 206 identifies the specific requirements for public and private pump stations, water tanks, and other unmanned utility facilities. This section currently applies only to facilities with a building less than 400 square feet. Sections 206 (a) through (d) provide the minimum lot area, lot width, and setbacks. This amendment removes the 400 square foot size limitation so that the section applies to all public and private pump stations, water tanks, and other unmanned utility facilities. Additionally, Section 206 (e) is added to exclude public stormwater facilities and accessory components from the requirements of sections (a) through (d). 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 April 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. Packet Pg. 334  5.L.10.a City of Virginia Beach Page 2 of 2 Attachment: 11_ARF Package for ZOA Stormwater (3919 : City of Virginia Beach - An ordinance to amend Sections 201 and 206 of the City  Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 335  5.L.10.a Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing April 10, 2024 2 Attachment: 11_ARF Package for ZOA Stormwater (3919 : City of Virginia Beach - An ordinance to amend Sections 201 and 206 of the City Placement of Stormwater Facilities Request An Ordinance to amend Section 201 and 206 of the City Zoning Ordinance pertaining to stormwater facilities within required yards. Summary of Request This amendment allows public stormwater facilities and the associated accessory components to be located within required yards. Two sections of the Zoning Ordinance are amended as follows. 1. Section 201 (a) identifies the improvements that may encroach into a required yard. This amendment adds Section 201 (a)(13) which includes stormwater facilities and related accessory components as an improvement that is allowed to locate in a required yard. 2. Section 206 identifies the specific requirements for public and private pump stations, water tanks, and other unmanned utility facilities. This section currently applies only to facilities with a building less than 400 square feet. Sections 206 (a) through (d) provide the minimum lot area, lot width, and setbacks. This amendment removes the 400 square foot size limitation so that the section applies to all public and private pump stations, water tanks, and other unmanned utility facilities. Additionally, Section 206 (e) is added to exclude public stormwater facilities and accessory components from the requirements of sections (a) through (d). Recommendation Staff recommends approval of this Ordinance as it provides necessary flexibility to allow public stormwater facilities and their accessory components to locate where they will operate effectively, dependent on the features of the site and surrounding area. City of Virginia Beach Agenda Item 2 PacketPage Pg. 1 336  5.L.10.a Attachment: 11_ARF Package for ZOA Stormwater (3919 : City of Virginia Beach - An ordinance to amend Sections 201 and 206 of the City Virginia Beach Planning Commission April 4, 2024, Public Meeting Agenda Item # 2 City of Virginia Beach RECOMMENDED FOR APPROVAL - CONSENT Mr. Plumlee: Thank you. If there are no further questions, is there any opposition to this being placed on the Consent Agenda? Hearing none, we'll then go to Item Number 2 please, City of Virginia Beach. Mr. Kemp: Thank you Item 2 is a text amendment, it’s an ordinance to amend Sections 201 and 206 of the City Zoning Ordinance pertaining to stormwater facilities, and what this does, is it permits stormwater related facilities to encroach into setbacks. So what sparked this amendment, our proposed amendment, was when the review came in for some bond referendum projects for these stormwater pump stations. Stormwater pump stations are very dependent on certain features such as, you know, water on the site, and they, you know, because of that we are finding that they were encroaching into the setbacks. Currently, they would have to meet the setback for the zoning district. What this text amendment does is alleviate that requirement first, it changes Section 201 (a). It adds a section. That is the section that lists what can be excluded from meeting the setback requirements. It adds stormwater facilities to that. The second thing this amendment does is modifies Section 206, which is specific standards for pump stations. It does two things. One, prior to this and the current ordinance, in order to get reduced setbacks, a pump station has to be 400 square feet or less, it removes that, as we're finding that a lot of pump stations exceed this, and, you know, we're trying to kind of retrofit them in where they're needed, oftentimes on smaller lots. Then the second thing, it just lists in that section that these pump stations for stormwater facilities are exempt from those zoning requirements. I will stand by for any questions. Ms. Cuellar: If there are no questions, is there any opposition to this being put on the Consent Agenda? Hearing none, thank you very much. Mr. Kemp: Alright. Thank you, Commissioner. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Packet Pg. 337  5.L.10.a Attachment: 11_ARF Package for ZOA Stormwater (3919 : City of Virginia Beach - An ordinance to amend Sections 201 and 206 of the City Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from – Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn’t record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hippen AYE Mauch AYE Parks ABSENT Plumlee AYE Packet Pg. 338  5.L.11 ORDINANCE TO AMEND SECTION 111 OF THE CITY ZONING ORDINANCE (CZO) RE THE DEFINITIONS OF PERMANENT COSMETIC TATTOOING, PERSONAL SERVICE ESTABLISHMENTS, AND TATTOO PARLOR AND ADD SECTION 209.8 TO THE CZO RE PROVISIONS OF PERMANENT COSMETIC TATTOOING 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. 339  5.L.11.a Attachment: 10_ARF Package for ZOA Permanent Cosmetic Tattooing (3918 : Ordinance to AMEND Section 111 of the City Zoning Ordinance CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 111 OF THE CITY ZONING ORDINANCE PERTAINING TO THE DEFINITIONS OF PERMANENT COSMETIC TATTOOING, PERSONAL SERVICE ESTABLISHMENTS, AND TATTOO PARLOR AND TO ADD SECTION 209.8 TO THE ZONING ORDINANCE PERTAINING TO THE PROVISIONS OF PERMANENT COSMETIC TATTOOING. MEETING DATE: May 21, 2024  Background: The purpose of this amendment is to permit permanent cosmetic tattooing as an accessory use to a beauty salon or similar beauty-oriented establishments. Under current ordinance standards, any establishment performing permanent cosmetic tattooing is considered a tattoo parlor according to the definition of “tattoo parlor” in Section 111, and therefore requires a Conditional Use Permit.  Considerations: The Ordinance currently requires an establishment performing permanent cosmetic tattooing to obtain a Conditional Use Permit for the operation of a tattoo parlor. The definition of “tattoo parlor” in Section 111 of the ordinance specifically includes the term “permanent makeup.” As there are fundamental differences between traditional and cosmetic tattooing, including where each of these services typically occur, this amendment would allow cosmetic tattooing an accessory use to a beauty salon or similar beauty-oriented establishments. The four specific modifications to the ordinance are listed below. • Amendments to Section 111. Definitions: 1. Add a definition of Permanent cosmetic tattooing: “Placing marks upon or under the skin of any person with ink or any other substance, by the use of needles or other instruments designed to touch or puncture the skin, resulting in the permanent or semi-permanent coloration of the skin on the face, including eyebrows, eyeliners, lip coloring, lip liners, full lips, cheek blush, eye shadow, forehead and scalp micropigmentation, and on the body for breast and scar repigmentation or camouflage.” 2. Amend the definition of “Personal Service Establishment” to include that “Permanent cosmetic tattooing is an accessory use to a personal service establishment, full-service beauty salon, in accordance with the provisions of section 209.8.” Packet Pg. 340  5.L.11.a City of Virginia Beach Page 2 of 2 Attachment: 10_ARF Package for ZOA Permanent Cosmetic Tattooing (3918 : Ordinance to AMEND Section 111 of the City Zoning Ordinance 3. Amend the definition of “Tattoo parlor” to include that tattooing is “by the use of needles or other instruments designed to touch or puncture the skin,” and to specify that permanent cosmetic tattooing is an accessory use in accordance with section 209.8 and is not deemed a tattoo parlor. • Add Section 209.8- Permanent cosmetic tattooing: 4. “Permanent cosmetic tattooing may be conducted as an accessory use to a personal service establishment that operates as a full-service beauty salon offering a wide range of services typical to such salons. Permanent cosmetic tattooing shall be conducted in compliance with the provisions 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 April 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0.  Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 341  5.L.11.a Applicant City of Virginia Beach Agenda Item 1 Planning Commission Public Hearing April 10, 2024 Attachment: 10_ARF Package for ZOA Permanent Cosmetic Tattooing (3918 : Ordinance to AMEND Section 111 of the City Zoning Ordinance Permanent Cosmetic Tattooing, Personal Service Establishments, Tattoo Parlor Request An Ordinance to amend Section 111 of the City Zoning Ordinance pertaining to the definitions of Permanent Cosmetic Tattooing, Personal Service Establishments, and Tattoo Parlor and to add Section 209.8 of the Zoning Ordinance pertaining to the provisions of Permanent Cosmetic Tattooing. Summary of Request The purpose of this amendment is to permit permanent cosmetic tattooing as an accessory use to a beauty salon or similar beauty-oriented establishments. Under current ordinance standards, any establishment performing permanent cosmetic tattooing is considered a tattoo parlor according to the definition of “tattoo parlor” in Section 111, and therefore requires a Conditional Use Permit. The Ordinance currently requires an establishment performing permanent cosmetic tattooing to obtain a Conditional Use Permit for the operation of a tattoo parlor. The definition of “tattoo parlor” in Section 111 of the ordinance specifically includes the term “permanent makeup.” As there are fundamental differences between traditional and cosmetic tattooing, including where each of these services typically occur, this amendment would allow cosmetic tattooing an accessory use to a beauty salon or similar beauty-oriented establishments. The four specific modifications to the ordinance are listed below. • Amendments to Section 111. Definitions: 1. Add a definition of Permanent cosmetic tattooing: “Placing marks upon or under the skin of any person with ink or any other substance, by the use of needles or other instruments designed to touch or puncture the skin, resulting in the permanent or semi- permanent coloration of the skin on the face, including eyebrows, eyeliners, lip coloring, lip liners, full lips, cheek blush, eye shadow, forehead and scalp micropigmentation, and on the body for breast and scar repigmentation or camouflage.” 2. Amend the efinition of “Personal Service Establishment” to include that “Permanent cosmetic tattooing is an accessory use to a personal service establishment, full-service beauty salon, in accordance with the provisions of section 209.8.” 3. Amend the definition of “Tattoo parlor” to include that tattooing is “by the use of needles or other instruments designed to touch or puncture the skin,” and to specify that permanent cosmetic tattooing is an accessory use in accordance with section 209.8 and is not deemed a tattoo parlor. • Add Section 209.8- Permanent cosmetic tattooing. 4. “Permanent cosmetic tattooing may be conducted as an accessory use to a personal service establishment that operates as a full-service beauty salon offering a wide range of services typical to such salons. Permanent cosmetic tattooing shall be conducted in compliance with the provisions of Chapter 23 of the City Code.” City of Virginia Beach Agenda Item 1 PacketPage Pg. 1 342  5.L.11.a Recommendation Attachment: 10_ARF Package for ZOA Permanent Cosmetic Tattooing (3918 : Ordinance to AMEND Section 111 of the City Zoning Ordinance Staff recommends approval of this Ordinance as permanent cosmetic tattooing is commonly performed in beauty salons or similar beauty-oriented establishments. City Council has considered twenty-four applications for the addition of cosmetic tattooing to an existing salon in the past four years; all applications were approved. Additionally, the Zoning Division has not substantiated any violations regarding the cosmetic tattooing use. City of Virginia Beach Agenda Item 1 PacketPage Pg. 2 343  5.L.11.a Attachment: 10_ARF Package for ZOA Permanent Cosmetic Tattooing (3918 : Ordinance to AMEND Section 111 of the City Zoning Ordinance Virginia Beach Planning Commission April 4, 2024, Public Meeting Agenda Item # 1 City of Virginia Beach RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. We have quite a few items on the consent agenda today, and we like to start with agenda item number one, the City of Virginia Beach. If our Zoning Director, Mr. Kemp could please come forward. Mr. Kemp: Alright, thank you. The first item here is an ordinance to amend Section 111 of the City Zoning Ordinance and add Section 209.8. to the City's Zoning ordinance pertaining to permanent cosmetic make-up. Basically, what this does is it removes permanent cosmetic make-up tattooing that's done at a beauty establishment, and removes the requirement to have a conditional use permit. Staff finds this necessary. In the past four years, 24 applications have come before this Commission, and City Council, involving permanent cosmetic tattooing. All 24 were recommended for approval, and on consent. What specifically this amendment does, it does four things. First is, it adds a definition of permanent cosmetic make-up where this differentiates from tattoo parlors is that it mentions the semi-permanent versus permanent nature of cosmetic tattooing, and then it lists the specific procedures that are involved in it. The second thing, the ordinance does is it amends the definition of personal service establishment. In this definition, it adds permanent cosmetic make-up as an accessory use to that in a BD establishment. The third portion of the amendment is to amend the definition of tattoo parlor. There are two elements of this. The first is a cleanup, wh ere we specify that needles are involved in tattooing, and the second is to remove cosmetic tattooing from the definition, where now it explicitly it says that is part of a tattoo, and the last is, Section 209.8, which is the standard for cosmetic tattooin g, and that basically says that it has to be in a full service beauty salon, and that they have to abide by Chapter 23 of the City Code. I'm stand by for any questions. Ms. Cuellar: Mr. Plumlee? Mr. Plumlee: This was given notice to all the members of the community, including stakeholders that may have interest within this industry? Mr. Kemp: It was posted the way every text amendment was posted. I think it has been -- there have been rumblings about this through that community for some time, and I think, you know, through typical channels, I do think it was known throughout the community. Mr. Plumlee: Thank you. If there are no further questions, is there any opposition to this being placed on the Consent Agenda? Hearing none, we'll then go to Item Number 2 please, City of Virginia Beach. Packet Pg. 344  5.L.11.a Attachment: 10_ARF Package for ZOA Permanent Cosmetic Tattooing (3918 : Ordinance to AMEND Section 111 of the City Zoning Ordinance Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from – Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn’t record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hippen AYE Mauch AYE Parks ABSENT Plumlee AYE Packet Pg. 345