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 June 4, 2024 FAX (757) 385-5669 CITY ASSESSOR – SUE CUNNINGHAM CITY AUDITOR – LYNDON S. REMIAS EMAIL: CITYCOUNCIL@vbgov.com CITY CLERK – AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING CONFERENCE ROOM- 3:00 PM A. VIRGINIA AQUARIUM UPDATE Rick Biddle, Founder – Relevant Strategies & Solutions, LLC II. CITY MANAGER'S BRIEFING A. HURRICANE SEASON UPDATE & PREPAREDNESS INITIATIVES 3:30 PM David Topczynski, Director – Emergency Management III. COUNCIL LIAISON REPORTS 4:00 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:15 PM V. CITY COUNCIL AGENDA REVIEW 4:30 PM VI. INFORMAL SESSION - CONFERENCE ROOM- 4:45 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 1. Motion to Recess to Closed Session VII. FORMAL SESSION - CITY COUNCIL CHAMBER - 6:00 PM A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION 1. Certify Closed Session G. MINUTES 1. INFORMAL and FORMAL SESSIONS May 21, 2024 H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION Captain Harry McBrien 2. PROCLAMATION – VBPD FIRST AFRICAN AMERICAN FEMALE SERGEANT Sergeant Tricia J. Shelton 3. PROCLAMATION – 48th ANNIVERSARY OF CHAPTER CHARTER Dr. Tanja Arrington Mayfield 4. PROCLAMATION – LGBTQ Pride Month I. PUBLIC HEARINGS 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION 17th Street Improvements Phase 1 Pacific Avenue to Cypress Avenue Project, CIP 100001 2. LEASE OF CITY PROPERTY - OLD COAST GUARD STATION 24th Street and Atlantic Avenue J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS Ordinance to AUTHORIZE acquisition of property in fee simple for the Parliament Drive Sidewalk Improvements Phase II Project, CIP 100301 and the acquisition of temporary and permanent easements, either by agreement or condemnation re community improvement, and pedestrian and bicycle enhancements Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for up to four (4) years at Virginia Beach Farmers Market, Building 1, Space 9 re Andrew Skipper d/b/a Skipper Farms Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for up to four (4) years at Virginia Beach Farmers Market, Building 3, Space 13 re S&H Produce, Inc. Ordinance to AUTHORIZE the donation of all remaining “No Cursing” signs to the Virginia Beach Police Foundation (Requested by Mayor Dyer and Vice Mayor Wilson)  Resolution to DIRECT the City Manager to undertake a Request for Proposals process re procure a study providing a Strengths, Weaknesses, Opportunities, and Threats (SWOT) Analysis focusing on the pros and cons of collective bargaining (Requested by Mayor Dyer) Resolution to AMEND the Transition Area/Interfacility Traffic Area Citizens’ Advisory Committee membership (Requested by Council Members Henley, Remick, Rouse, and Schulman) Resolution to DIRECT the City Manager to identify sources of funding re expansion of the Parks After Dark Program to serve the Level Green Neighborhood (Requested by Council Members Hutcheson, Remick, Rouse, and Wooten) Ordinance to AUTHORIZE temporary encroachments into two City-owned drainage and canal easements re maintain an existing concrete driveway and to construct and maintain a vinyl bulkhead with returns, and to remove and replace an existing wood dock at 1816 Duke of York Quay DISTRICT 8 Ordinance to ACCEPT and APPROPRIATE $297,282 from the Fund Balance of the Sheriff’s Office Special Revenue Fund and to TRANSFER up to $380,000 in vacancy savings within the General Fund to the FY2023-24 Sheriff’s Office Operating Budget re increased food and medical costs Ordinance to ACCEPT and APPROPRIATE $111,250 from the Virginia Department of Behavioral Health and Development Services via the Regional Fiscal Agent, Wester Tidewater Community Services Board to the FY2023-24 Human Services Operating Budget re Regional Mobile Crisis Response Programs Ordinance to APPROPRIATE $184,654 from the Fund Balance of the Commonwealth Attorney’s Forfeited Assets Special Revenue to the FY2023-24 Commonwealth Attorney’s Operating Budget re execution of a records digitization contract L. PLANNING MILITARY AVIATION MUSEUM / VIRGINIA BEACH AIRPORT, LLC for a Modification of Conditions to a Conditional Use Permit re expand operating hours and add more defining criteria for special events at 1341 Princess Anne Road DISTRICT 2 CITY OF VIRGINIA BEACH / MICHELS FAMILY, LLC for a Modification of Conditions (Amend Deed of Conditions & Restrictions) re operation of the Office of Voter Registrar and Central Absentee Precinct at 500 Studio Drive & 599 Studio Drive, Suites 2A & 2B DISTRICT 3 MILESTONE MANOR, LLC / CALVARY ASSEMBLY OF GOD for a Conditional Use Permit re day-care center in religious use at 4925 Providence Road DISTRICT 1 MICHELE CLELAND for a Conditional Use Permit re wildlife rehabilitation center at 2285 London Bridge Road DISTRICT 5 SAMANTHA CARROW for a Conditional Use Permit re short-term rental at 905 Pacific Avenue, Unit C DISTRICT 5 SUSANNE M. COLLIGON for a Conditional Use Permit re short-term rental at 304 28th Street, Unit 208 DISTRICT 6 Ordinance to AMEND Section 103 of the City Zoning Ordinance (CZO) re granting of modifications by the Zoning Administrator Ordinance to AMEND Section 1906 of the City Zoning Ordinance (CZO) re the composition of the Old Beach Design Review Committee  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 EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/ITA ADVISORY COMMITTEE VB VA250 COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT VIII. PUBLIC COMMENT/OPEN DIALOGUE ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************  7.I.1 Packet Pg. 5 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS)  7.I.1 Packet Pg. 6 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS)  7.I.1 Packet Pg. 7 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS)  7.I.1 Packet Pg. 8 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS)  7.I.1 Packet Pg. 9 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS)  7.I.2 Packet Pg. 10 Communication: LEASE OF CITY PROPERTY - OLD COAST GUARD STATION (PUBLIC HEARINGS)  7.I.2 Packet Pg. 11 Communication: LEASE OF CITY PROPERTY - OLD COAST GUARD STATION (PUBLIC HEARINGS)  7.I.2 Packet Pg. 12 Communication: LEASE OF CITY PROPERTY - OLD COAST GUARD STATION (PUBLIC HEARINGS)  7.I.2 Packet Pg. 13 Communication: LEASE OF CITY PROPERTY - OLD COAST GUARD STATION (PUBLIC HEARINGS)  7.I.2 Packet Pg. 14 Communication: LEASE OF CITY PROPERTY - OLD COAST GUARD STATION (PUBLIC HEARINGS)  7.I.2 Packet Pg. 15 Communication: LEASE OF CITY PROPERTY - OLD COAST GUARD STATION (PUBLIC HEARINGS)  7.I.2 Packet Pg. 16 Communication: LEASE OF CITY PROPERTY - OLD COAST GUARD STATION (PUBLIC HEARINGS)  7.I.2 Packet Pg. 17 Communication: LEASE OF CITY PROPERTY - OLD COAST GUARD STATION (PUBLIC HEARINGS)  7.I.2 Packet Pg. 18 Communication: LEASE OF CITY PROPERTY - OLD COAST GUARD STATION (PUBLIC HEARINGS)  7.I.2 Packet Pg. 19 Communication: LEASE OF CITY PROPERTY - OLD COAST GUARD STATION (PUBLIC HEARINGS)  7.I.2 Packet Pg. 20 Communication: LEASE OF CITY PROPERTY - OLD COAST GUARD STATION (PUBLIC HEARINGS)  7.I.2 Packet Pg. 21 Communication: LEASE OF CITY PROPERTY - OLD COAST GUARD STATION (PUBLIC HEARINGS)  7.I.2 Packet Pg. 22 Communication: LEASE OF CITY PROPERTY - OLD COAST GUARD STATION (PUBLIC HEARINGS)  7.I.2 Packet Pg. 23 Communication: LEASE OF CITY PROPERTY - OLD COAST GUARD STATION (PUBLIC HEARINGS)  7.K.a Packet Pg. 24 Attachment: Ordinance to donate the remaining No Cursing” signs to the Virginia Beach police foundation (3945 : Ordinance to Donate the  7.K.a Packet Pg. 25 Attachment: Ordinance to donate the remaining No Cursing” signs to the Virginia Beach police foundation (3945 : Ordinance to Donate the  7.K.a Packet Pg. 26 Attachment: Ordinance to donate the remaining No Cursing” signs to the Virginia Beach police foundation (3945 : Ordinance to Donate the  7.K.a Packet Pg. 27 Attachment: Resolution to direct the city manager to undertake a request for proposals process to procure a study providing a SWOT analysis  7.K.a Packet Pg. 28 Attachment: Resolution to direct the city manager to undertake a request for proposals process to procure a study providing a SWOT analysis  7.K.a Packet Pg. 29 Attachment: Resolution Regarding the Membership of the Transition AreaInterfacility Traffic Area Citizen’s Advisory Board (3948 : Resolution  7.K.a Packet Pg. 30 Attachment: Resolution Regarding the Membership of the Transition AreaInterfacility Traffic Area Citizen’s Advisory Board (3948 : Resolution  7.K.a Packet Pg. 31 Attachment: Resolution to direct the city manager to find sources of funding for the expansion of the parks after dark program to serve the level  7.K.a Packet Pg. 32 Attachment: Resolution to direct the city manager to find sources of funding for the expansion of the parks after dark program to serve the level  7.K.a Packet Pg. 33 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 34 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 35 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 36 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 37 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 38 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 39 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 40 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 41 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 42 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 43 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 44 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 45 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 46 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 47 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 48 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 49 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 50 Attachment: Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of  7.K.a Packet Pg. 51 Attachment: Ordinance to?Appropriate $297,282?from the?Fund?Balance?of?the?Sheriff’s Department?Special Revenue Fund?and to Transfer  7.K.a Packet Pg. 52 Attachment: Ordinance to?Appropriate $297,282?from the?Fund?Balance?of?the?Sheriff’s Department?Special Revenue Fund?and to Transfer  7.K.a Packet Pg. 53 Attachment: Ordinance to Accept and Appropriate $111,250 for Regional Mobile Crisis Response Programs (3942 : Ordinance to Accept and  7.K.a Packet Pg. 54 Attachment: Ordinance to Accept and Appropriate $111,250 for Regional Mobile Crisis Response Programs (3942 : Ordinance to Accept and  7.K.a Packet Pg. 55 Attachment: Ordinance to?Appropriate?Fund Balance of the Commonwealth’s Attorney Forfeited Assets Special Revenue Fund?for Information  7.K.a Packet Pg. 56 Attachment: Ordinance to?Appropriate?Fund Balance of the Commonwealth’s Attorney Forfeited Assets Special Revenue Fund?for Information  MILITARY AVIATION MUSEUM / VIRGINIA BEACH AIRPORT, LLC FOR A MODIFICATION OF CONDITIONS TO A CONDITIONAL USE PERMIT RE EXPAND OPERATING HOURS AND ADD MORE DEFINING CRITERIA FOR SPECIAL EVENTS AT 1341 PRINCESS ANNE ROAD DISTRICT 2 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. 57  7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MILITARY AVIATION MUSEUM [Applicant] VIRGINIA BEACH AIRPORT, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit for the property located at 1341 Princess Anne Road (GPIN 2401762176). COUNCIL DISTRICT 2 MEETING DATE: June 4, 2024  Background: In 2007, City Council approved a Conditional Use Permit for a museum with subsequent approvals modifying the Conditional Use Permit in 2008 and 2011. The current request is to modify the conditions associated with the 2011 Modification of Conditions. More specifically, the applicant is seeking to modify the permit on the property to expand the operating hours of the museum and add more defining criteria for special events held on the property that were not clearly defined with previous approvals. The current operating hours of the museum are 9:00 a.m. to 5:00 p.m., seven days a week, except for summer months which allows the museum to cease operation at dusk. The applicant is requesting to change the operating hours to allow the museum to operate from 9:00 a.m. to 9:00 p.m., seven days a week, and no later than 10:00 p.m. for any special events permitted by the City’s Special Events Office. In addition, the applicant is requesting to have no more than 8 special events on the property per calendar year that are of an outdoor nature, having outdoor amplified sound, and which exceed 500 persons in attendance. Events that are customarily incidental to the museum use, such as indoor weddings, or other charitable and social events that do not meet the criteria mentioned above shall not be considered a special event.  Considerations: The Military Aviation Museum has been operating on the site for over 15 years and has been a valued community asset for both the city and the Hampton Roads area. Staff believes and the Planning Commission concurred that the request is in keeping with the policies of the Comprehensive Plan, as there will be no major alterations to the site layout and all outdoor events will cease operation by 10:00 p.m. The Musem’s request to host up to 8 outdoor events with outdoor amplified sound and with no more than 500 persons in attendance is reasonable and will positively contribute to the museum’s operation while also being mindful of the surrounding residents. The 8 special events will be permitted through the City’s Special Events Office and thus will be reviewed individually to ensure adequate Packet Pg. 58  7.L.a Military Aviation Museum Page 2 of 3 Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property steps are taken to minimize impacts to nearby property owners and residents. The applicant met with the Agricultural Advisory Commission in January and April of this year to discuss the details of the request and no objections were raised. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. There is no known opposition to this request.  Recommendation: On May 8, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. All previous conditions attached to the previous Modification of Conditions granted on 06/28/2011 shall be voided and replaced with the following conditions below. However, Conditions 7 through 16 remain unchanged from the 2011 Modification of Conditions. 2. The Aviation Museum may operate between the hours of 9:00 a.m. to 9:00 p.m., seven (7) days a week, and no later than 10:00 p.m. for any Special Events permitted by the City’s Special Events Office. 3. The Aviation Museum is permitted to have no more than eight (8) special events per calendar year, not including those that are customarily incidental to the museum use, that are of an outdoor nature, have outdoor amplified sound, and which exceed 500 persons in attendance. 4. Subdivision of any of the Museum’s property that has been identified as within the Modification of Conditions (MDC) shall require a modification of the MDC to remove such property from the purview of the MDC. 5. Museum employees and Training Services, Inc. employees who maintain vintage aircraft displayed at the Museum shall number no more than thirty (30) persons on duty at any given time. There shall be no limit on the number of volunteers. 6. There shall be no outdoor amplified sound or music audible at the property line associated with the museum or special events. 7. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 8. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 9. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road unless required by Virginia Beach Emergency Services. Packet Pg. 59  7.L.a Military Aviation Museum Page 3 of 3 Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property 10. The existing runway shall remain in a grassed condition and shall not be paved. 11. The site shall be developed substantially in accordance with the submitted “ULTIMATE SITE BUILD-OUT” by Martin Engineering and stated 03/03/2011. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. All buildings other than the initial hanger/exhibition area shown on the submitted plan shall be only used for museum related purposes. 12. A landscaped buffer shall be installed along the northern boundary of this property. A solid row of evergreens shall be planted along the southwestern corner of the property. The Director of Planning or his designee, shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning or his designee. 13. Canopy trees shall be planted, staring at the north of the proposed cul-de-sac and continuing west to the west property line adjacent to the proposed Cottbus German building. Mixes of canopy trees are to be utilized consisting of large canopy trees, ranging in height from sixty (60) feet and greater at maturity and medium canopy trees, ranging in height from thirty feet (30) to sixty-five (65) feet at maturity. Planting is encouraged to be innovative in terms of spacing and arrangement to allow the widest possible variation for visual enhancement. 14. A Landscape Plan shall be submitted at the time of site plan review depicting the existing and proposed landscape buffers, streetscape landscaping, foundation planting and parking lot landscaping. 15. The Museum's use of the airport shall comply with all applicable Federal Aviation Administration regulations. 16. In connection with the Princess Anne/Gum Bridge Road intersection improvements project (CIP 2-021-020) the applicant shall reimburse the City for the cost of constructing a right turn lane into the applicant's property.  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. 60  7.L.a Applicant Military Aviation Museum Agenda Item 4 Property Owner Virginia Beach Airport, LLC Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property Planning Commission Public Hearing May 8, 2024 City Council District 2 Request Modification of Conditions Staff Recommendation Approval Staff Planner Marchelle Coleman Location 1341 Princess Anne Road GPIN 2401762176 Site Size 80 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Museum, grass runway airport / AG-1 Agricultural, AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Single-family dwellings, cultivated field / AG-1 Agricultural South Single-family dwellings, wooded area / AG-1 Agricultural East Princess Anne Road Single-family dwelling / AG-2 Agricultural West Wooded Area, undeveloped lot/ AG-1 Agricultural, AG-2 Agricultural Military Aviation Museum Agenda Item 4 Page Packet Pg.161  7.L.a Background & Summary of Proposal Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property • On January 9, 2007, City Council approved a Conditional Use Permit for a Museum on this 80-acre parcel zoned AG-1 & AG-2 Agricultural District. Modifications to the Conditional Use Permit were subsequently approved by City Council, in 2008 and 2011. The 2008 modification permitted an expansion of the museum to include five additional structures and additional parking while the 2011 modification, allowed for a new 45,000 square foot hanger/exhibition area with associated parking to the west of the existing hanger/museum. • The applicant is now seeking a modification to expand the operating hours for the museum, to accommodate special events held on site, as well as other events that are customarily incidental to the museum use. • The current operating hours for the museum are 9:00 a.m. to 5:00 p.m., seven days a week, except for the summer months when the museum ceases operation at dusk. With the current request, the applicant is proposing to amend the hours of operation for the museum to 9:00 a.m. to 9:00 p.m. seven (7) days a week, and no later than 10:00 p.m. for any Special Events permitted by the City’s Special Events Office. • No more than eight special events of an outdoor nature having outdoor amplified sound, and which exceed 500 persons in attendance, will be allowed on the property per calendar year. Events that are customarily incidental to the museum use shall not be considered a special event. • No changes to the site layout are proposed. Zoning History # Request 1 MDC Approved 06/28/2011 MDC Approved 12/09/2008 CUP (Museum) Approved 01/09/2007 1 2 CUP (Outdoor Recreational Facility) Approved 05/14/2002 3 3 CUP (Church) Approved 11/13/2001 SVR (Minimum Pavement Width) Approved 11/13/2001 2 4 CUP (Single-family dwellings in AG) Approved 12/08/1992 SVR (Minimum Pavement Width) Approved 12/08/1992 4 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation This request for a Modification of Conditions for the Military Aviation Museum is, in Staff’s opinion, acceptable. The existing Military Aviation Museum has been operating on this site for over 15 years. The museum is a valued community asset for both the City and the Hampton Roads area as a whole. Since the airport on the property operates under a separate Use Permit and a subsequent court order, the current evaluation applies only to the applicant’s request to expand the operating hours for the museum and to host a limited number of special events on site, beyond Military Aviation Museum Agenda Item 4 Page Packet Pg.262  7.L.a those events that are considered customary with and incidental to the museum. In Staff’s opinion, the request to host up to 8 outdoor events with amplified sound and more than 500 people in attendance is reasonable and will positively contribute to the museum’s operation while being mindful of surrounding residents. All events that meet the criteria Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property stated above, and as identified in Condition 3, will be permitted through the City’s Special Events Office and thus will be reviewed individually to ensure adequate steps are taken to minimize impacts to nearby property owners and residents. In Staff’s view, the request is in keeping with the policies of the Comprehensive Plan, as there will be no major alterations to the site layout and all outdoor events will cease operation by 10:00 p.m. The recommended conditions are designed to limit the impact of the museum to a level that is compatible with the agricultural community. Based on these considerations, Staff recommends approval with the conditions listed below. Recommended Conditions 1. All previous conditions attached to the previous Modification of Conditions granted on 06/28/2011 shall be voided and replaced with the following conditions below. However, Conditions 7 through 16 remain unchanged from the 2011 Modification of Conditions. 2. The Aviation Museum may operate between the hours of 9:00 a.m. to 9:00 p.m., seven (7) days a week, and no later than 10:00 p.m. for any Special Events permitted by the City’s Special Events Office. 3. The Aviation Museum is permitted to have no more than eight (8) special events per calendar year, not including those that are customarily incidental to the museum use, that are of an outdoor nature, have outdoor amplified sound, and which exceed 500 persons in attendance. 4. Subdivision of any of the Museum’s property that has been identified as within the Modification of Conditions (MDC) shall require a modification of the MDC to remove such property from the purview of the MDC. 5. Museum employees and Training Services, Inc. employees who maintain vintage aircraft displayed at the Museum shall number no more than thirty (30) persons on duty at any given time. There shall be no limit on the number of volunteers. 6. There shall be no outdoor amplified sound or music audible at the property line associated with the museum or special events. 7. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 8. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 9. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road unless required by Virginia Beach Emergency Services. 10. The existing runway shall remain in a grassed condition and shall not be paved. 11. The site shall be developed substantially in accordance with the submitted “ULTIMATE SITE BUILD-OUT” by Martin Engineering and stated 03/03/2011. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. All buildings other than the initial hanger/exhibition area shown on the submitted plan shall be only used for museum related purposes. Military Aviation Museum Agenda Item 4 Page Packet Pg.363  7.L.a 12. A landscaped buffer shall be installed along the northern boundary of this property. A solid row of evergreens shall be planted along the southwestern corner of the property. The Director of Planning or his designee, shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property been obtained from the Director of Planning or his designee. 13. Canopy trees shall be planted, staring at the north of the proposed cul-de-sac and continuing west to the west property line adjacent to the proposed Cottbus German building. Mixes of canopy trees are to be utilized consisting of large canopy trees, ranging in height from sixty (60) feet and greater at maturity and medium canopy trees, ranging in height from thirty feet (30) to sixty-five (65) feet at maturity. Planting is encouraged to be innovative in terms of spacing and arrangement to allow the widest possible variation for visual enhancement. 14. A Landscape Plan shall be submitted at the time of site plan review depicting the existing and proposed landscape buffers, streetscape landscaping, foundation planting and parking lot landscaping. 15. The Museum's use of the airport shall comply with all applicable Federal Aviation Administration regulations. 16. In connection with the Princess Anne/Gum Bridge Road intersection improvements project (CIP 2-021-020) the applicant shall reimburse the City for the cost of constructing a right turn lane into the applicant's property. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 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. Previous Conditions from 2011 MDC 1. The operating hours for the museum shall be 9:00 AM. through 5:00 P.M., seven days a week, except during the summer months when the Museum will cease operating at dusk. 2. Museum employees and Training Services, Inc employees who maintain vintage aircraft displayed at the Museum shall number no more than thirty (30) persons on duty at any given time. There shall be no limit on the number of Volunteers. 3. There shall be no outdoor amplified sound or music audible at the property line associated with the Museum or special events. 4. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 5. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 6. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road. Military Aviation Museum Agenda Item 4 Page Packet Pg.464  7.L.a 7. The existing runway shall remain in a grassed condition and shall not be paved. 8. The site shall be developed and designed substantially in accordance with the submitted "ULTIMATE SITE BUILD-OUT" Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property by Martin Engineering and dated 03/03/11. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. All buildings, other than the initial hanger/exhibition area shown on the submitted plan, shall be only used for Museum-related purposes. 9. A landscaped buffer shall be installed along the northern boundary of this property. A solid row of evergreens shall be planted along the southwestern corner of the property. The Director of Planning or his designee, shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning or his designee. 10. Canopy trees shall be planted, staring at the north of the proposed cul-de-sac and continuing west to the west property line adjacent to the proposed Cottbus German building. Mixes of canopy trees are to be utilized consisting of large canopy trees, ranging in height from sixty (60) feet and greater at maturity and medium canopy trees, ranging in height from thirty-feet (30) to sixty-five (65) feet at maturity. Planting is encouraged to be innovative in terms of spacing and arrangement to allow the widest possible variation for visual enhancement. 11. A Landscape Plan shall be submitted at the time of site plan review depicting the existing and proposed landscape buffers, streetscape landscaping, foundation planting and parking lot landscaping. 12. The Museum's use of the airport shall comply with all applicable Federal Aviation Administration regulations. 13. In connection with the Princess Anne/Gum Bridge Road intersection improvements project (CIP 2-021-020) the applicant shall reimburse the City for the cost of constructing a right turn lane into the applicant's property. Previous Conditions from 2008 MDC 1. The operating hours for the Museum shall be 9:00 am through 5:00 pm, seven days a week, except during the summer months when the Museum will cease operating at dusk. 2. Museum Employees and Training Services, Inc. employees who maintain the vintage aircraft displayed at the Museum shall number no more than eighteen (18) persons on duty at any given time. There shall be no limit to the number of Volunteers. 3. There shall be no outdoor amplified sound or music audible at the property line associated with the Museum or special events. 4. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 5. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 6. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road. 7. The existing runway shall remain in a grassed condition and shall not be paved. 8. The additional buildings shown on the submitted plan shall be only used for museum-related purposes. Military Aviation Museum Agenda Item 4 Page Packet Pg.565  7.L.a 9. A landscaped buffer shall be installed along the northern boundary of this property. The Director of Planning shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning. Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property Previous Conditions from 2007 CUP 1. The operating hours for the museum shall be 9:00 am through 5:00 pm, seven days a week, except during the summer months when the museum will cease operating at dusk. 2. Museum employees shall number no more than four (4) persons on duty at any given time. There shall be no limit on the number of volunteers. 3. There shall be no outdoor amplified sound or music audible at the property line associated with the museum or special events. Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth pressures. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. The majority of the site is grass field with a grass runway. There is an existing airport hanger with a paved parking lot and water tower. There does not appear to be any significant environmental or local cultural features on the site; however, the museum, including the proposed facilities, is indicative of the role of this area of the city during World War II. Several airfields in rural southern area of the city served as satellite fields to Norfolk Naval Air Station, serving in support to operations, training, and maintenance of WWII aircraft. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic* Existing Land Use 2 – No Data Available Princess Anne Road 9,900 ADT1 11,200 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – No Data Available 1 Average Daily Trips 2 as defined by a museum with 3 4 No information available in the LOS = Level of Service up to 8 special events per ITE Trip Generation Manual for calendar year special events *The proposed modifications to the operating hours will have a minimal effect on traffic on Princess Anne Road. The trip generation for the proposed Special Events will be determined at the time that a Special Event permit is submitted to the City of Virginia Beach for review and approval. Military Aviation Museum Agenda Item 4 Page Packet Pg.666  7.L.a Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This site is located off of Princess Anne Road south of West Neck Road. In the vicinity of this application, Princess Anne Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property Road is a two-lane rural highway with an eighty-foot (80’) right-of-way width. The City’s MTP indicates an ultimate right- of-way width of one hundred feet (100’). There are currently no CIP projects planned for this portion of Princess Anne Road. Public Utility Impacts Water & Sewer City water and sanitary sewer is not available. Any impact on the private well or the existing onsite sewage treatment facility requires Health Department approval. Public Outreach Information Planning Commission • The applicant’s representative met with the Agricultural Advisory Commission on January 8, 2024 & April 1, 2024 to discuss the details of the request. According to the applicant’s representative, the Commission was supportive of the request to expand the operating hours and to limit the number of special events of an outdoor nature, with outdoor sound, that exceeds more than 500 persons in attendees to no more than eight per calendar year. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on May 2, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 21, 2024 and May 28, 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 20, 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 31, 2024. Military Aviation Museum Agenda Item 4 Page Packet Pg.767  Site Layout Military Aviation Museum Agenda Item 4 Packet Page Pg.868 7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property  Site Photos Military Aviation Museum Agenda Item 4 Packet Page Pg.969 7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property  Site Photos Military Aviation Museum Agenda Item 4 Packet Pg. Page 1070 7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property  Disclosure Statement Military Aviation Museum Agenda Item 4 Packet Pg. Page 1171 7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property  Disclosure Statement Military Aviation Museum Agenda Item 4 Packet Pg. Page 1272 7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property  X Disclosure Statement 5/17/2024 Marchelle L. Coleman Military Aviation Museum Agenda Item 4 Packet Pg. Page 1373 7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property  Disclosure Statement Military Aviation Museum Agenda Item 4 Packet Pg. Page 1474 7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property  Disclosure Statement Military Aviation Museum Agenda Item 4 Packet Pg. Page 1575 7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property  Disclosure Statement Military Aviation Museum Agenda Item 4 Packet Pg. Page 1676 7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property  Disclosure Statement Military Aviation Museum Agenda Item 4 Packet Pg. Page 1777 7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property  Disclosure Statement Military Aviation Museum Agenda Item 4 Packet Pg. Page 1878 7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property  7.L.a Next Steps Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Military Aviation Museum Agenda Item 4 Page Packet 1979 Pg.  AG2 7.L.a Jarvis Road AG1 Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) AG2 AG2 AG1 AG1 oad eR AG2 An n AG1 Prin ces s Site Property Polygons Zoning Building Military Aviation Museum 1341 Princess Anne Road µ Feet Packet Pg. 80 0 115230 460 690 920 1,150 1,380  7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 4 Military Aviation Museum RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much, Commissioner Anderson. Our next item on the consent agenda is Item number 4, Military Aviation Museum. Is there a representative here today? Mr. Bourdon: Thank you, Commissioner Cuellar, Mr. Chairman, and Members of the Commission for the record Eddie Bourdon, Virginia Beach Attorney representing military aviation museum. It is truly an honor to come before the commission today representing the museum, and most importantly Jerry and Elaine Eagan, and their family. The millions of dollars they have invested in this jewel in southern part of Virginia Beach is truly something we all should take great joy, and pride in. The 15 conditions as recommended in the staff evaluation are all acceptable to us. This is just simply putting into the conditions, how the museum is operated for the last 10 plus. It is nothing that has really changing with this. I want to thank Marshal Coleman, Planning Director, Kathy Warren, and her staff. I appreciate the commission placing this on the consent agenda, and while I'm up here, I didn't know Hoa was leaving, but Hoa, you have done a fantastic job during tough time, and a lot of different ways. A lot of challenges, not the least of which was COVID, and Ms. Cuellar is absolutely right, anytime you touch base with Hoa, he is always very professional, very courteous, and very patient, and we will miss you very much. Thank you. 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 Cromwell to read this into the record. Packet Pg. 81  7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property Mr. Cromwell: On January 9, 2007, City Council approved a Conditional Use Permit for a museum on this 80 acre parcel zone AG and AG 2 Agricultural District. Modifications to the Conditional Use Permit were subsequently approved by the City Council in 2008 and 2011. In 2008, modification permitted an expansion of the museum to include 5 additional structures and additional parking, while the 2011 modification allowed for 45, 000 square foot hangar exhibition area with associated parking on the west of the existing Hanger Museum. The applicant is now seeking a modification to expand the operating hours for the museum to accommodate special events held onsite as well as other events that are customarily incidental to museum use. The current operating hours for the museum are 09:00 to 05:00 p.m. seven days a week except for the summer months, when the museum ceases operation at dusk. With the current request, the applicant is proposing to amend the hours of operation for the museum to 09:00 a.m. to 09:00 p.m. seven days a week, and no later than 10:00 p.m. for any special events permitted by the city special events office. No more than eight special events of an outdoor nature of having outdoor amplified sound would exceed 500 persons in attendance, will be allowed on their property per calendar year. Events that are customarily incidental to the museum, use shall not be considered a special event. No changes to the site layout are proposed. As the Planning Commission has received no opposition, we recommend this for the Consent Agenda. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve. Packet Pg. 82  7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11:0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. All previous conditions attached to the previous Modification of Conditions granted on 06/28/2011 shall be voided and replaced with the following conditions below. However, Conditions 7 through 16 remain unchanged from the 2011 Modification of Conditions. 2. The Aviation Museum may operate between the hours of 9:00 a.m. to 9:00 p.m., seven (7) days a week, and no later than 10:00 p.m. for any Special Events permitted by the City’s Special Events Office. 3. The Aviation Museum is permitted to have no more than eight (8) special events per calendar year, not including those that are customarily incidental to the museum use, that are of an outdoor nature, have outdoor amplified sound, and which exceed 500 persons in attendance. Packet Pg. 83  7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property 4. Subdivision of any of the Museum’s property that has been identified as within the Modification of Conditions (MDC) shall require a modification of the MDC to remove such property from the purview of the MDC. 5. Museum employees and Training Services, Inc. employees who maintain vintage aircraft displayed at the Museum shall number no more than thirty (30) persons on duty at any given time. There shall be no limit on the number of volunteers. 6. There shall be no outdoor amplified sound or music audible at the property line associated with the museum or special events. 7. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 8. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 9. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road unless required by Virginia Beach Emergency Services. 10. The existing runway shall remain in a grassed condition and shall not be paved. 11. The site shall be developed substantially in accordance with the submitted “ULTIMATE SITE BUILD-OUT” by Martin Engineering and stated 03/03/2011. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. All buildings other than the initial hanger/exhibition area shown on the submitted plan shall be only used for museum related purposes. 12. A landscaped buffer shall be installed along the northern boundary of this property. A solid row of evergreens shall be planted along the southwestern corner of the property. The Director of Planning or his designee, shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning or his designee. 13. Canopy trees shall be planted, staring at the north of the proposed cul-de-sac and continuing west to the west property line adjacent to the proposed Cottbus German building. Mixes of canopy trees are to be utilized consisting of large canopy trees, ranging in height from sixty (60) feet and greater at maturity and medium canopy trees, ranging in height from thirty feet (30) to sixty-five (65) feet at maturity. Planting is encouraged to be innovative in terms of spacing and arrangement to allow the widest possible variation for visual enhancement. 14. A Landscape Plan shall be submitted at the time of site plan review depicting the existing and proposed landscape buffers, streetscape landscaping, foundation planting and parking lot landscaping. 15. The Museum's use of the airport shall comply with all applicable Federal Aviation Administration regulations. Packet Pg. 84  7.L.a Attachment: 01_ARF Package for Military Aviation Museum (3949 : Military Aviation Museum (Applicant) Virginia Beach Airport, LLC (Property 16. In connection with the Princess Anne/Gum Bridge Road intersection improvements project (CIP 2-021-020) the applicant shall reimburse the City for the cost of constructing a right turn lane into the applicant's property. Packet Pg. 85  CITY OF VIRGINIA BEACH / MICHELS FAMILY, LLC FOR A MODIFICATION OF CONDITIONS (AMEND DEED OF CONDITIONS & RESTRICTIONS) RE OPERATION OF THE OFFICE OF VOTER REGISTRAR AND CENTRAL ABSENTEE PRECINCT AT 500 STUDIO DRIVE & 599 STUDIO DRIVE, SUITES 2A & 2B DISTRICT 3 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. 86  7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant] MICHELS FAMILY, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit for the property located at 500 Studio Drive & 599 Studio Drive, Suites 2A & 2B (GPINs 14767884450001, 14767884450002, 14767884450003). COUNCIL DISTRICT 3 MEETING DATE: June 4, 2024  Background: In 1998, City Council approved a rezoning of a 21.3-acre parcel for the development of a corporate office park. At that time, a Deed of Conditions and Restrictions was recorded to limit the use of the site to office, distribution, warehousing, and production studios and accessory uses. The Deed was further amended in 2009 to expand the uses to include: business, medical, financial, non- profit, professional and similar office buildings, eating and drinking establishments without drive-through windows, printing, lithographic or publishing establishments, office, distribution, warehousing, and production studios and accessory uses. In addition, Unit 3B is permitted to have a full-service financial institution with drive- throughs and ATMs. The City is under contract to acquire 7.82-acres of the 21.3-acre parcel, known as, Units 1, 2A, and 2B of this condominium park and plans to utilize the existing 65,700 square foot building located on Unit 1 for the Office of the Voter Registrar and Central Absentee Precinct. Since the 2009 Amended Deed of Conditions and Restrictions does not list public buildings or public meeting grounds as allowable uses, this request is needed to expand the list of permissible uses.  Considerations: The Planning Commission found the proposed modification to allow for the operation of an Office of Voter Registrar and Central Absentee Precinct, to be acceptable. The use is compatible to that of the surrounding area and will not cause any negative impacts. This proposal will remove private properties adjacent to Mount Trashmore and change them to public grounds with access to Mount Trashmore Park. 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. Packet Pg. 87  7.L.a City of Virginia Beach – Lakeview Corporate Park Page 2 of 2 Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family,  Recommendation: On May 8, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. Prior to operation of the proposed use, the Amended Deed of Conditions and Restriction shall be recorded with the City of Virginia Beach Clerk of Circuit Court.  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. 88  7.L.a Applicant City of Virginia Beach Agenda Item Property Owner Michels Family, LLC 3 Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family, Planning Commission Public Hearing May 8, 2024 City Council District 3 Request Modification of Conditions (Amend Deed of Conditions & Restrictions) Staff Recommendation Approval Staff Planner Hoa N. Dao Location 500 Studio Drive, 599 Studio Drive, Suites 2A & 2B GPINs 14767884450001, 14767884450002, 14767884450003 Site Size 7.82 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office, warehouse / I-1 Light Industrial Surrounding Land Uses and Zoning Districts North Mount Trashmore Park / P-1 Preservation South S. Independence Boulevard, Holland Road, Studio Drive Automobile dealership / B-2 Community Business East Single-family & multi-family dwellings / R-7.5 Residential, A-12 Apartment, A-18 Apartment West Offices / B-2 Community Business City of Virginia Beach Agenda Item 3 PacketPage Pg.189  7.L.a Background & Summary of Proposal Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family, • In 1998, City Council approved a rezoning of a 21.3-acre parcel from P-1 Preservation District and B-2 Community Business District to Conditional I-1 Light Industrial District for development of a corporate office park. At the time, a Deed of Conditions and Restrictions was recorded with the Circuit Court instead of the Conditional Zoning Agreement (aka proffers) that is typically done with a conditional rezoning request. For the purposes of the development of this property, the Deed of Conditions and Restrictions carry the same weight as proffers. • The 1998 approval limits the use of the site to office, distribution, warehousing, and production studios and accessory uses. • In 2009, City Council granted a modification request to expand the uses to include: business, medical, financial, non- profit, professional and similar office buildings, eating and drinking establishments without drive-through windows, printing, lithographic or publishing establishments, office, distribution, warehousing, and production studios and accessory uses. In addition, Unit 3B is permitted to have a full-service financial institution with drive-throughs and ATMs. • The applicant, the City of Virginia Beach, is under contract to acquire 7.82-acres of the 21.3-acre parcel, known as, Units 1, 2A, and 2B of this condominium park and plans to utilize the existing 65,700 square foot building located on Unit 1 for the Office of the Voter Registrar and Central Absentee Precinct. The areas referred to as Unit 2A and 2B were never developed. Since the 2009 Amended Deed of Conditions and Restrictions does not list public building or public meeting grounds as allowable uses, this request is needed to expand the list of permissible uses. • At this time, there are no plans to alter the existing building exterior or to develop Units 2A and 2B. Zoning History # Request 1 CUP (Assembly Use) Approved 12/12/2023 2 CUP (Body Piercing Establishment) Approved 09/15/2020 2 MDC (Tattoo Parlor) Approved 08/18/2015 CUP (Tattoo Parlor) Approved 05/11/2010 CUP (Vocational School) Approved 05/11/2010 3 3 MDC Approved 06/09/2009 CRZ (P-1 & B-2 to I-1) Approved 09/22/1998 7 4 CUP (College/Higher Education) Approved 09/11/2012 4 5 8 5 CUP (Motor Vehicle Sales & Service) Approved 02/22/2005 6 CUP (Automobile Service Station) Approved 12/18/2001 9 6 1 7 CRZ (B-2 to O-1) Approved 08/25/1998 CUP (Assisted Living Facility) Approved 08/25/1998 8 CRZ (B-2 to A-18) Approved 02/10/1998 9 CRZ (Timberlake LUP) Approved 1978 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 City of Virginia Beach Agenda Item 3 PacketPage Pg.290  7.L.a Evaluation & Recommendation Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family, The applicant’s request to modify Section 3B of the 2009 Amended Conditions and Restrictions to allow for the operation of an Office of Voter Registrar and Central Absentee Precinct is acceptable. Except for changes to the section below, the remainder of the Deed of Conditions and Restrictions will remain in effect. Section 3B of the 2009 Amended Conditions and Restrictions is hereby deleted in its entirety and replaced as follows: “Only the following uses permitted under the present I-1 (Light Industrial) zoning classification for the City of Virginia Beach, Virginia shall be permitted on the Property: business, medical, financial, non-profit, professional and similar office buildings; eating and drinking establishments (without drive-through windows); printing, lithographic or publishing establishments; public buildings and grounds, public meetings, assembly uses; office, distribution, warehousing, and production studios and accessory uses. Additionally, the following uses shall be permitted on Units 1, 2A, and 2B: a full-service office of the general registrar for voter registration and elections, central absentee voter precinct, including without limitation curbside and in-person voting, vote counting and review, public speech activities, education and training, off-street parking, and pedestrian accessways, as well as other municipal, office, and warehouse purposes. Additionally, the following uses shall be permitted on Units 3B-1 and 3B-2: a full-service financial institution with drive-throughs and ATMs.” Staff does not believe there will be any negative impacts to the surrounding area with the additional proposed uses. The existing 192 parking spaces on-site satisfy the parking requirement for the proposed use. Based on the considerations described, Staff recommends approval of this request subject to the conditions listed below. Recommended Condition 1. Prior to operation of the proposed use, the Amended Deed of Conditions and Restriction shall be recorded with the City of Virginia Beach Clerk of Circuit Court. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site is located within the Suburban Area of the City. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan’s primary guiding principle is to create “great neighborhoods,” and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. City of Virginia Beach Agenda Item 3 PacketPage Pg.391  7.L.a Natural & Cultural Resources Impacts Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family, The site is located in the Chesapeake Bay Watershed. There does not appear to be any significant natural or cultural resources on this property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Studio Drive No Data Available Existing Land Use 2 – 712 ADT Independence Boulevard 73,300 ADT1 70,400 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 712 ADT Holland Road 32,700 ADT1 32,700 ADT 1 (LOS 4 “D”) 1 Average Daily Trips 2 as defined by a 65,700 SF 3 4 as defined by a 65,700 SF office LOS = Level of Service office building building Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this property is from Studio Drive, which is a two-lane private roadway that terminates at the Independence Boulevard and Holland Road signalized intersection. Independence Boulevard in the vicinity of this application is considered a six-lane major urban arterial. The MTP proposes an eight-lane facility within a 150-foot right-of-way. The Independence Boulevard/Edwin Drive Intersection improvement project is a fully funded CIP project that will impact this development site. This project will convert left-turn movements in both directions of South Independence Boulevard at Edwin Drive to median left-turns upstream and downstream of the mainline intersection (Median U-Turns) and widen east-bound and west-bound approaches on Edwin Drive. The project will also include a continuous five-foot sidewalk on both sides of Independence and Edwin with a connection to existing shared-use path on Edwin as well as installation of bus shelters at two existing bus stops. This project is scheduled to begin construction in 2031 and right-of-way acquisition is scheduled to begin in 2029. Holland Road in the vicinity of this application is considered a four-lane divided minor urban arterial facility. The Holland Road Phase I CIP project is approved for this area of Holland Road. This project will reconfigure Holland Road as a six- lane superstreet by adding additional through lanes in both directions from South Independence Boulevard to South Plaza Trail and by installing Restricted Crossing U-Turn (R-CUT), which helps reduce crashed, intersections at the intersections that lack a traffic signal. The project will also include a continuous five-foot wide sidewalk on both sides of Holland Road, as well as LED streetlights and installation of bus shelters at four existing bus stops. Construction of this project is scheduled to begin in 2031. Public Utility Impacts Water & Sewer The property is connected to City water and sanitary sewer services. City of Virginia Beach Agenda Item 3 PacketPage Pg.492  7.L.a Public Outreach Information Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family, Planning Commission • The request received a positive recommendation by the Virginia Beach Development Authority on March 19, 2024. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on May 2, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 21, 2024 and May 28, 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 20, 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 31, 2024. City of Virginia Beach Agenda Item 3 PacketPage Pg.593  2009 Amended Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 PacketPage Pg.694 7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family,  2009 Amended Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 PacketPage Pg.795 7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family,  2009 Amended Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 PacketPage Pg.896 7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family,  1999 Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 PacketPage Pg.997 7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family,  1999 Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 Page Packet Pg. 1098 7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family,  1999 Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 Page Packet Pg. 1199 7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family,  1999 Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 PacketPage Pg.12 100 7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family,  1999 Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 PacketPage Pg.13 101 7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family,  Proposed Site Layout City of Virginia Beach Agenda Item 3 PacketPage Pg.14 102 7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family,  Site Photos City of Virginia Beach Agenda Item 3 PacketPage Pg.15 103 7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family,  Site Photos City of Virginia Beach Agenda Item 3 PacketPage Pg.16 104 7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family,  Disclosure Statement City of Virginia Beach Agenda Item 3 PacketPage Pg.17 105 7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family,  Disclosure Statement City of Virginia Beach Agenda Item 3 PacketPage Pg.18 106 7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family,  Disclosure Statement City of Virginia Beach Agenda Item 3 PacketPage Pg.19 107 7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family,  7.L.a Next Steps Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family, • 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. City of Virginia Beach Agenda Item 3 PacketPage Pg.20 108  O2 7.L.a B2 Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia P1 In d ep e R7.5 nd B2 e nc e B2 Bo ul ev I1 I1 ar R7.5 d O1 A12 R10 Ho B2 lla n d A18 R10 Ro ad A18 R10 B2 PDH1 B2 R10 PDH1 PDH1 PDH1 Site Property Polygons Zoning Building City of Virginia Beach 500 Studio Drive & 599 Studio Drive, Suites 2A & 2B µ Feet Packet Pg. 109 0 70140 280 420 560 700 840  7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family, Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 3 City of Virginia Beach – Lakeview Corporate Park RECOMMENDED FOR APPROVAL - CONSENT Mr. Anderson: Okay, thank you. This is for Modification of Conditions, Amended of Conditions and Restrictions. The applicants request to modify Section 3B of the 2009 Amended Conditions and Restrictions to allow for the operation of an office of Voter Registrar and Central Absentee Precinct is acceptable except for changes to the section below the remainder of the deed of conditions, and restrictions will remain in effect. Section 3(b) of the 2009 amendment conditions, and restrictions is hereby delated in its entirety, and replaced as follows. Only the following use is permitted under the present Light Industrial Zoning Classification for the City of Virginia Beach, Virginia, shall be permitted on the property, businesses, medical, financial, non-profit, professional, similar office buildings, eating, drinking establishments without drive thru windows, printing, lithographic, or publishing establishments, public buildings and grounds, public meetings, assemblies, uses, office distribution, warehousing, and production studios, and accessory uses. Additionally, the following uses shall be permitted on Units 1, 2A, and 2B, a full service office of the General Registrar for Voter Registration and Elections, Central Absentee Voter Precinct, including without limitations curb side, and in person voting, vote counting, and review public speech activities, education, and training, off street parking pedestrian access ways, as well as other municipal office, and warehouse purposes. Additionally, the following uses shall be permitted on Units 3B-1, and 3B-2, a full service financial institution with Drive Thru, and ATMs. For this, the staff recommendation as for approval and the commission has asked it to be put on consent. Packet Pg. 110  7.L.a Attachment: 02_ARF Package for City of Virginia Beach - Lakeview Corporate Park (3950 : City of Virginia Beach (Applicant) Michels Family, Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11:0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. Prior to operation of the proposed use, the Amended Deed of Conditions and Restriction shall be recorded with the City of Virginia Beach Clerk of Circuit Court. Packet Pg. 111  MILESTONE MANOR, LLC / CALVARY ASSEMBLY OF GOD FOR A CONDITIONAL USE PERMIT RE DAY-CARE CENTER IN RELIGIOUS USE AT 4925 PROVIDENCE ROAD DISTRICT 1 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. 112  7.L.a Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MILESTONE MANOR, LLC [Applicant] CALVARY ASSEMBLY OF GOD [Property Owner] Conditional Use Permit (Day-care Center in a Religious Use) for the property located at 4925 Providence Road (GPIN 1466928004). COUNCIL DISTRICT 1 MEETING DATE: June 4, 2024  Background: The applicant is requesting a Conditional Use Permit (CUP) to operate a day-care center within an existing 12,000-square-foot church. The applicant was unaware of the need for a CUP and has been operating at this location since August 2021. The day-care currently has 35 children, ages 5 to 12, enrolled in the program and the applicant is requesting to increase this number to 40 with this use permit. Parents can elect to send their children on a full-time (Monday through Friday) or part-time (Tuesday & Thursday) basis. While children are provided instruction and tutoring services in core subjects and electives, the instruction is meant to supplement rather than replace a child’s education. As such, parents are required to submit a Notice of Intent to Home Instruct prior to full-time enrollment. On-site facilities used by the day-care include a classroom, a multi-purpose room and full kitchen, gymnasium for indoor play, and soccer fields on the southern half of the property for outdoor play. Hours of operation are 8:00 a.m. to 4:30 p.m. The center has 5 employees.  Considerations: Staff believes that a day-care within an existing religious use is acceptable as it is compatible with the adjacent residential neighborhoods and utilizes space that is unoccupied outside of the typical hours for the church. Although this day-care provides elective and select core-subject tutoring, this does not meet the definition of a private school per the City’s Zoning Ordinance, since private schools must have a curriculum similar to that of a public school, which this day-care does not. There is ample parking on site and staff does not anticipate a substantial increase in traffic along Providence Road. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Packet Pg. 113  7.L.a Milestone Manor, LLC Page 2 of 2 Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner)  Recommendation: On May 8, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. There shall be no more than 40 children enrolled in the facility at any one time; however, the ultimate occupant load for the Day-care Center shall be established by the City of Virginia Beach Fire Marshal’s Office, but at no point shall the total number exceed 40 children. 2. The applicant shall obtain all the necessary permits, inspections, and approvals from the Department of Social Services, the Fire Department, and the Permits and Inspections Division of the Department of Planning & Community Development before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Department of Planning & Community Development. 3. In order to comply with Section 240.1 of the Zoning Ordinance for signage for Religious Uses in residential districts, no more than two freestanding signs, one at each entrance, shall be permitted on the property. 4. Subdivision of any of the property that has been identified as within the Conditional Use Permit (CUP), shall require a modification of the CUP to remove such property from the purview of the CUP.  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. 114  7.L.a Applicant Milestone Manor, LLC Agenda Item 7 Property Owner Calvary Assembly of God Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner) Planning Commission Public Hearing May 8, 2024 City Council District 1 Request Conditional Use Permit (Day-care Center in Religious Use) Staff Recommendation Approval Staff Planner Rachael Miller Location 4925 Providence Road GPIN 1466928004 Site Size 8.24 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Religious Use / R-10 Residential Surrounding Land Uses and Zoning Districts North Providence Road Single-family dwellings, public school / R-10 Residential South Single-family dwellings, soccer fields / R-10 Residential East Single-family dwelling / R-10 Residential West Single-family dwellings / R-10 Residential Milestone Manor, LLC Agenda Item #7 PacketPage Pg. 1 115  7.L.a Background & Summary of Proposal Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner) • The applicant is seeking a Conditional Use Permit to operate a day-care center within an existing 12,000 square foot church located on this 8.24-acre R-10 Residentially zoned parcel. The application was filed in response to a Notice of Violation issued on January 29, 2024, for operating what was initially considered to be a private school in a Residential District. • A Notice of Violation (NOV) was issued by the Zoning Division on January 29, 2024, for operating what was initially considered to be a private school in a Residential District. The applicant, Milestone Manor, LLC, was unaware that operation of a day-care center or child care education center within a religious use required a Conditional Use Permit within the R-10 Zoning District. Upon receipt of the NOV, the applicant promptly filed a Conditional Use Permit application with the Planning Department to rectify the violation. • Upon further discussion with the applicant, it was determined by the Zoning Administrator the operation constituted a day-care within an existing religious use rather than a private school since the curriculum was not similar to that of a public school, nor is the applicant responsible for the education of the children. • In 1972, a Conditional Use Permit for a church was approved for the subject site. In 1983 and 1985, two additional Conditional Use Permits were approved for the operation of private school and preschool, respectively. As a condition of approval, the owner/applicant was required to file an extension for both the private school and preschool use permits every two years, or the permits would no longer be valid. Since an extension request has not been made since 1987, both permits are void. Another Conditional Use Permit approved in 2000, permitted the addition of a two-story “family life center” on site, which contains classrooms, offices, and a gymnasium. In 2011, a Conditional Use Permit was approved for the subject site to operate youth soccer summer camps and provide practice space for youth soccer clubs. • Care is currently provided to approximately 35 children ranging from the age of 5 to 12 and is offered on either a part-time or full-time basis. The applicant is expecting the daycare to reach 40 children in the next enrollment cycle. There are five employees on staff. • Enrolled children attend “elective” classes and are offered tutoring services. Coursework is similar to homeschooling curriculum, and all Since the provided services are intended to be a supplement to rather than a replacement of public, private, or homeschool instruction, all parents must file a Notice of Intent to Home Instruct for homeschooling with Virginia Department of Education prior to full-time enrollment. Children are separated by age groups and switch activities every forty-five minutes. The existing kitchen on site is used for meal prep and students eat meals and snacks in a multipurpose room on-site. Recess time is held inside the gymnasium and outside within the unfenced soccer fields with adult supervision. • Operating hours are from 8:00 a.m. to 4:30 p.m. Monday through Friday with before and after-school hours care from 8:00 a.m. to 9:00 a.m. and 3:00 p.m. to 4:30 p.m., respectively. 9:00 a.m. to 3:00 p.m. are standard hours of operation for the day-care services. • The property owner, Calvary Assembly of God, hosts a service on Wednesday nights and two services on Sunday, outside of the operating hours for Milestone Manor. Milestone Manor, LLC Agenda Item #7 PacketPage Pg. 2 116  7.L.a Zoning History # Request 1 CUP (Outdoor Recreational Facility) Approved Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner) 07/05/2011 CUP (Church Addition) Approved 09/26/2000 CUP (Preschool) Approved 05/13/1985 2 1 CUP (Private School) Approved 06/13/1983 CUP (Church) Approved 05/08/1972 3 2 CUP (Daycare in Religious Use) Approved 01/09/1996 CUP (Church – Self Standing) Approved 07/07/1992 CUP (Private School) Approved 11/14/1988 CUP (Synagogue) Approved 09/10/1984 4 3 CUP (Synagogue) Approved 09/06/1983 CUP (Church Addition) Approved 03/28/2000 CUP (Private School) Approved 06/25/1990 CUP (Church) Approved 01/09/1981 4 SVR Approved 10/19/1987 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 day-care in a religious use is acceptable. This property falls within the Suburban Area, as defined in the Comprehensive Plan, which recommends that non-residential developments within the Suburban Area are complementary to existing residential areas. Staff finds the property to be capable of adhering to the guiding principles and is able to successfully promote the Comprehensive Plan’s policies for creating and maintaining the “Great Neighborhoods” principle. It is anticipated that minimal traffic will be generated by the addition of a day-care with a capacity of 40 children to this site. The anticipated drop off and pick up times are 8:45 a.m. and 3:00 p.m. However, parents have the option to drop off or pick up students as early as 8:00 a.m. or as late as 4:30 p.m. if they sign up for additional before or after care. The staggered pick up and drop off times will help reduce any traffic congestion generated from this site, and as confirmed by the City’s Traffic Engineering staff, is already minimal. Based on these considerations, Staff recommends approval of these applications, subject to the conditions listed below. Recommended Conditions 1. There shall be no more than 40 children enrolled in the facility at any one time; however, the ultimate occupant load for the Day-care Center shall be established by the City of Virginia Beach Fire Marshal’s Office, but at no point shall the total number exceed 40 children. 2. The applicant shall obtain all the necessary permits, inspections, and approvals from the Department of Social Services, the Fire Department, and the Permits and Inspections Division of the Department of Planning & Community Development before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Department of Planning & Community Development. 3. In order to comply with Section 240.1 of the Zoning Ordinance for signage for Religious Uses in residential districts, no more than two freestanding signs, one at each entrance, shall be permitted on the property. Milestone Manor, LLC Agenda Item #7 PacketPage Pg. 3 117  7.L.a 4. Subdivision of any of the property that has been identified as within the Conditional Use Permit (CUP), shall require a modification of the CUP to remove such property from the purview of the CUP. Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner) 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”. The established guiding principles of the Suburban Area are enabled to protect the stability of the Suburban Area while providing guidance for creating vibrant and distinctive places. The primary guiding principle, to create and maintain “Great Neighborhoods”, looks for non-residential uses to be complementary to the existing neighborhood. The proposed mixed-use nature of this site is acceptable as it maintains neighborhood stability and provides residents with a diversity of options for child day-care. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. There does not appear to be any significant natural or cultural features associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – No Data Available Providence Road 12,950 ADT1 12,500 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 163 ADT 1 Average Daily Trips 2 as defined by a church 3 4 as defined by a church with a 40- LOS = Level of Service child daycare center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Providence Road, in the vicinity of this application, is considered a two-lane undivided urban minor arterial road. The MTP lists this segment of Providence Road as an ultimate four-lane facility within a 110’-foot right-of-way. No roadway CIP projects are slated for Providence Road. Public Utility Impacts Water & Sewer The site connects to City water and sanitary sewer. Milestone Manor, LLC Agenda Item #7 PacketPage Pg. 4 118  7.L.a Public Outreach Information Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner) Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on May 2, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 21, 2024 and May 28, 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 20, 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 31, 2024. Milestone Manor, LLC Agenda Item #7 PacketPage Pg. 5 119  Site Layout Milestone Manor, LLC Agenda Item #7 PacketPage 120 Pg. 6 7.L.a Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner)  Proposed Use Plan Milestone Manor, LLC Agenda Item #7 PacketPage 121 Pg. 7 7.L.a Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner)  Site Photos Milestone Manor, LLC Agenda Item #7 PacketPage 122 Pg. 8 7.L.a Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner)  Site Photos Milestone Manor, LLC Agenda Item #7 PacketPage 123 Pg. 9 7.L.a Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner)  Site Photos - Interior Milestone Manor, LLC Agenda Item #7 Packet Page 124 Pg.10 7.L.a Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner)  Disclosure Statement Milestone Manor, LLC Agenda Item #7 Packet Page Pg.1125 7.L.a Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner)  Disclosure Statement Milestone Manor, LLC Agenda Item #7 Packet Page 126 Pg.12 7.L.a Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner)  Disclosure Statement Milestone Manor, LLC Agenda Item #7 Packet Page 127 Pg.13 7.L.a Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner)  Disclosure Statement Milestone Manor, LLC Agenda Item #7 Packet Page 128 Pg.14 7.L.a Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner)  Disclosure Statement Milestone Manor, LLC Agenda Item #7 Packet Page 129 Pg.15 7.L.a Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner)  Disclosure Statement Milestone Manor, LLC Agenda Item #7 Packet Page 130 Pg.16 7.L.a Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner)  7.L.a Next Steps Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner) • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Milestone Manor, LLC Agenda Item #7 Page Packet Pg.17 131  7.L.a R10 rive Pro vid Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary in D en ce R10 R oad Ed w R10 Dri R10 R10 ve Luk e R20 R20 R20 R10 Site Property Polygons Zoning Building Milestone Manor, LLC 4925 Providence Road µ Feet Packet Pg. 132 0 35 70 140 210 280 350 420  7.L.a Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner) Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 7 Milestone Manor, LLC RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. The next item is item number 7, Milestone Manor, LLC. Is there a representative here today? Welcome, and can you please state your name for the record? Ms. Petroskey: Yes, my name is Natalie Petroskey, and I'm representing Milestone Manor. Ms. Cuellar: Thank you very much, and are the conditions acceptable to you? Ms. Petroskey: Yes ma'am. Ms. Cuellar: Fantastic. Is there any opposition to this item being placed on the consent agenda? Hearing none, thank you for coming. You may be seated, and I've asked Commissioner Estaris to read this into the record. Ms. Estaris: Thank you. The applicant is seeking a Conditional Use Permit to operate a Day-care Center with an existing 12, 000 square foot church located on 8.24 acre R-10 residentially zoned parcel. The application was filed in response to a Notice of Violation issued on January 29, 2024 for operating what was initially considered to be a private school in a residential district. Upon further discussion with the applicant it was determined by the Zoning Administrator, the operation was constituted as a daycare within an existing religious use rather than a private school. Care is currently provided to approximately 35 kids. It is recommended the total not to exceed 40, and in the Staff’s opinion this request for a Conditional Use Permit to Packet Pg. 133  7.L.a Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner) operate a day-care in a religious use is acceptable. It is anticipated that minimal traffic will be generated by the addition of a day-care with a capacity of no more than 40 children to this site. The proposal has been approved by the Planning Staff, and the applicant accepted the conditions, and no public opposition, it is our recommendation to submit to the consent agenda. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11:0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Packet Pg. 134  7.L.a Attachment: 03_ARF Package for Milestone Manor LLC (3951 : Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner) Plumlee AYE CONDITIONS 1. There shall be no more than 40 children enrolled in the facility at any one time; however, the ultimate occupant load for the Day-care Center shall be established by the City of Virginia Beach Fire Marshal’s Office, but at no point shall the total number exceed 40 children. 2. The applicant shall obtain all the necessary permits, inspections, and approvals from the Department of Social Services, the Fire Department, and the Permits and Inspections Division of the Department of Planning & Community Development before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Department of Planning & Community Development. 3. In order to comply with Section 240.1 of the Zoning Ordinance for signage for Religious Uses in residential districts, no more than two freestanding signs, one at each entrance, shall be permitted on the property. 4. Subdivision of any of the property that has been identified as within the Conditional Use Permit (CUP), shall require a modification of the CUP to remove such property from the purview of the CUP. Packet Pg. 135  MICHELE CLELAND FOR A CONDITIONAL USE PERMIT RE WILDLIFE REHABILITATION CENTER AT 2285 LONDON BRIDGE ROAD DISTRICT 5 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 136  7.L.a Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHELE CLELAND [Applicant & Property Owner] Conditional Use Permit (Wildlife Rehabilitation Center) for the property located at 2285 London Bridge Road (GPIN 2405606502). COUNCIL DISTRICT 5 MEETING DATE: June 4, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a Wildlife Rehabilitation Center on an approximately three-acre parcel zoned AG-2 Agriculture. The applicant currently holds a Category IV Wildlife Rehabilitation Permit from Virginia Department of Wildlife Resources (VDWR) and has volunteered as a wildlife rehabber for six years. She plans to rehabilitate native avian species at the proposed facility. Upon receiving a Conditional Use Permit, the applicant will apply for a Category I permit from VDWR and a Wildlife Rehabilitator Permit from U.S. Fish & Wildlife Service (USFWS). The permit from USFWS is required when rehabilitating migratory birds. For the first two years as a Category I permittee, the applicant will rehabilitate orphaned avians (e.g., ducklings, goslings, etc.). Eventually, the applicant intends to rehabilitate injured birds. There are two existing outdoor walk-in aviaries on the property that will be used, and any future aviaries would be located in the same general area on the property. The applicant will operate this facility as an individual with occasional volunteer support; it will not be open to the general public. A sponsoring veterinarian is required by State and Federal regulations to provide medical care for any injured or ill animals; a letter from the applicant’s sponsoring veterinarian is on file with the Department of Planning & Community Development. No releases will occur on site.  Considerations: This property is in a corridor of London Bridge Road that maintains an agricultural character; notably, it is close to Hunt Club Farm. The proposed use is low impact and is compatible with similar by-right agricultural uses such as the keeping of fowl and other livestock. The applicant has six years of experience as a wildlife rehabber and maintains a certification with the International Wildlife Rehabilitation Council. The enclosures proposed by the applicant are appropriate for the kind of care provided to wildlife and are subject to inspection by VDWR. Animals will be released off-site and as soon as they are of an age and condition to be released. Additionally, the USFWS restricts the amount of time that migratory birds may be held to no more than 180 days and all birds must be released once recuperated. Packet Pg. 137  7.L.a Michele Cleland Page 2 of 3 While no individual will be on site at all hours, the applicant has plans to install Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife video monitoring of the site and the enclosures. She lives within a mile of the site and has a sponsoring veterinarian and will be able to respond to any emergencies quickly. The applicant received a letter of support from Hunt Club Farm and the Pine Ridge Civic League, as well as a 26-signature petition of support from residents of the Pine Ridge neighborhood. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. There is no known opposition to this request.  Recommendation: On May 8, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. This Conditional Use Permit only permits rehabilitation of avians. A modification of conditions shall be required to permit rehabilitation of small mammals or other animal species. 2. The applicant shall comply with all the provisions of Section 242.4 of the City Zoning Ordinance (CZO) pertaining to a Wildlife Rehabilitation Facility. 3. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 4. The application shall comply with all rabies immunization protocols as established for wildlife rehabilitation by the Virginia Department of Wildlife Resources as required. 5. The applicant shall post and maintain a sign with contact information in case of emergencies for the operator. 6. The applicant shall maintain a sponsorship from a veterinarian that can provide veterinary services for diseased or injured animals. 7. The portion of the property in which aviaries or other wildlife containment are located shall be enclosed with a fence at least 48 inches tall. 8. The site shall be gated or otherwise secured when the operator or other volunteers are not present on site. 9. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 10. No animals shall be released at the subject site or within the neighborhood. 11. Animal waste shall be removed daily and disposed of in a lawful manner. Packet Pg. 138  7.L.a Michele Cleland Page 3 of 3 12. All animals shall be properly and humanely contained within the pre-release Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife structure(s). Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 13. Subdivision of any of the property that has been identified as within the Conditional Use Permit (CUP), shall require a modification of the CUP to remove such property from the purview of the CUP. 14. The existing driveway access from London Bridge Road on the eastern side of the property shall only be used by emergency vehicles and shall otherwise be blocked for use by vehicles (e.g., gated) in accordance with standards and requirements of the Fire Mashal Office. Non-emergency vehicular ingress and egress shall only be from the shared entrance on London Bridge Road where there is an existing access easement. 15. Structures on the property, including animal enclosures and excluding fencing, shall have a minimum front yard setback of 50 feet.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 139  7.L.a Applicant & Owner Michele Cleland Agenda Item Planning Commission Public Hearing May 8, 2024 6 Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife City Council District 5 Request Conditional Use Permit (Wildlife Rehabilitation Center) Staff Recommendation Approval Staff Planner Elizabeth Nowak Location 2285 London Bridge Road GPIN 2405606502 Site Size ±3 acres AICUZ 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Vacant / AG-2 Agricultural Surrounding Land Uses and Zoning Districts North London Bridge Road Single-family dwellings, dental office, farm/ AG- 2 Agricultural, O-1 Office South Religious Use (Approved CUP), Single-family dwellings /AG-2 Agricultural, R-10 Residential East Field / AG-2 Agricultural West Tree stand / P-1 Preservation Michele Cleland Agenda Item 6 PacketPage Pg. 140  7.L.a Background & Summary of Proposal • Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife The applicant is requesting a Conditional Use Permit to operate a Wildlife Rehabilitation Center on this approximately three-acre parcel zoned AG-2 Agricultural District. She will rehabilitate orphaned native avian species, including waterfowl, waterbirds, and songbirds, and will eventually provide care of injured animals. The applicant will be operating this facility as an individual, not as part of an organization. Animals will be brought to her primarily from other licensed rehabbers in the Virginia Beach area. • Since only Home-based Wildlife Rehabilitation Centers are permitted by right in AG-2 Agricultural District, a Conditional Use Permit is required for the proposed use. This property was conveyed to the applicant with a deed restriction barring development of residential uses on the property and no dwellings currently exist that could be inhabited by the applicant. • Immediate facilities required for the use include two walk-in aviaries and a shed for supplies. Should the operations fare well and there is sufficient financial support and capacity, the applicant states that future facilities may include an additional shed and more aviaries as needed. The applicant has expressed an interest in branching into providing rehabilitation for small mammals (non-rabies vector animals) but is presently focusing on birds. A modification would be required to add care for small mammals in the future. • The applicant has indicated that she may use heavy fabric or another fabric covering to partially screen the aviaries from view from London Bridge Road. The fabric covering will provide some additional shielding from passersby and traffic from the road. • The aviaries the applicant will use are enclosed mesh structures with predator-proof flooring. These types of enclosures are used for juvenile birds who need to learn how to adapt to ambient temperatures and typical outdoor noises, such as those of predators. They provide a crucial link in the rehabilitation of orphaned avians before they can be released at a designated off-site location. • A one-foot no ingress/egress easement is recorded on the parcel limiting access to the site to a shared entrance on the eastern side of the property. The shared entrance is on the adjacent parcel, which has a shared cross-access agreement with both the subject property and another property to the west. A private driveway from London Bridge Road still exists on the property, however, the driveway is gated and locked, and will only be used in the event of an emergency. The applicant has agreed to only access the site from the shared entrance. The property has sufficient pavement width to permit several cars to park on site. • The property is currently fenced, and the applicant will install a series of security cameras and may add some site lighting. The facility will not be open or accessible to the general public. • The applicant currently has a Category IV Wildlife Rehabilitation permit from Virginia Department of Wildlife Resources (VDWR) and has six years of wildlife rescue, transport, and rehabilitation experience. Additionally, she has a current certification from the International Wildlife Rehabilitation Council. • The VDWR Category IV license permits the applicant to provide direct care for wildlife under direct supervision by Category I, II, or III permittees at the permittees’ particular facility. With approval of a Conditional Use Permit, the applicant will apply for a Category I Wildlife Rehabilitation permit from VDWR. This license is for “apprentice” rehabbers and will permit the applicant to care for wildlife on her own. Per restrictions from VDWR, Category I rehabbers must be sponsored by an active Category II or Category III permittee and must meet VDWR’s training requirements. Their facility is also subject to inspection by VDWR. Michele Cleland Agenda Item 6 PacketPage Pg. 2 141  7.L.a • As the applicant intends to rehabilitate migrant birds, she will also need to obtain a U.S. Fish & Wildlife Service (Federal) Wildlife Rehabilitator Permit. This permit restricts the amount of time that migratory birds may be held to no more than 180 days; all birds must be released once recuperated. The permit is only valid so long as the holder is Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife also in compliance with state regulations. • The applicant has a certified, sponsoring veterinarian that will be on-call to provide care to animals as needed. This is a requirement of VDWR licensing and the U.S. Fish & Wildlife Service permit for migratory birds. 2 Zoning History # Request 1 MDC (Religious Use) Approved 05/04/2021 CUP (Religious Use) Approved 11/08/2017 2 CRZ (AG-2 to Conditional O-1) Approved 12/09/2008 1 1 2 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 In Staff’s opinion, this request for a Conditional Use Permit for a Wildlife Rehabilitation Center is acceptable. The use is compatible with the existing agricultural character of this corridor of London Bridge Road and will produce minimal noise that might affect the adjoining residential neighborhood. Recommendations in the Comprehensive Plan recommend that non-residential uses in the Suburban Area be complementary to residential uses. In this area, London Bridge Road is characterized by a mix of persistent agricultural uses and recent residential subdivisions. While distinct from bona fide agricultural operations, the rehabilitation facility for avians is very similar to small-scale keeping of poultry and other fowl. It is Staff’s opinion that this use, as presented, is compatible with the existing agricultural uses and is consistent with the overall pattern of agricultural parcels abutting residential neighborhoods. Additionally, the applicant does not intend to construct large buildings or remove the existing mature vegetation on the site. The applicant is well-qualified to operate this type of rehabilitation and will be filling a gap in the local wildlife rehabilitation network. While there are a few rehabbers actively working with birds, they either specialize with the youngest avians or in the final stages for release. The applicant’s facility will provide rehabilitation for avians that effectively age out of being able to be held indoors and to provide them with an environment that will help them acclimate to life in the wild. Minimal traffic is anticipated to be generated by the site. The applicant will be operating this facility by herself with the occasional assistance of other volunteers. As there is an existing no ingress/egress easement along the property’s frontage, Staff recommends Condition 14 to ensure that the existing driveway and a second apron on the property be gated and locked to ensure the shared access point is used. The applicant has reached out to residents of the Pine Ridge neighborhood and has received a letter of support from the Pine Ridge Civic Association, as well as 26 signatures of Michele Cleland Agenda Item 6 PacketPage Pg. 3 142  7.L.a support from residents on Windy Pines Bend, the street to the south of the applicant’s property. Additional letters of support have also been provided to Staff as discussed below. Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife Staff recommends approval of this application subject to the conditions and exhibits below. Recommended Conditions 1. This Conditional Use Permit only permits rehabilitation of avians. A modification of conditions shall be required to permit rehabilitation of small mammals or other animal species. 2. The applicant shall comply with all the provisions of Section 242.4 of the City Zoning Ordinance (CZO) pertaining to a Wildlife Rehabilitation Facility. 3. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 4. The application shall comply with all rabies immunization protocols as established for wildlife rehabilitation by the Virginia Department of Wildlife Resources as required. 5. The applicant shall post and maintain a sign with contact information in case of emergencies for the operator. 6. The applicant shall maintain a sponsorship from a veterinarian that can provide veterinary services for diseased or injured animals. 7. The portion of the property in which aviaries or other wildlife containment are located shall be enclosed with a fence at least 48 inches tall. 8. The site shall be gated or otherwise secured when the operator or other volunteers are not present on site. 9. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 10. No animals shall be released at the subject site or within the neighborhood. 11. Animal waste shall be removed daily and disposed of in a lawful manner. 12. All animals shall be properly and humanely contained within the pre-release structure(s). Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 13. Subdivision of any of the property that has been identified as within the Conditional Use Permit (CUP), shall require a modification of the CUP to remove such property from the purview of the CUP. 14. The existing driveway access from London Bridge Road on the eastern side of the property shall only be used by emergency vehicles and shall otherwise be blocked for use by vehicles (e.g., gated) in accordance with standards and requirements of the Fire Mashal Office. Non-emergency vehicular ingress and egress shall only be from the shared entrance on London Bridge Road where there is an existing access easement. 15. Structures on the property, including animal enclosures and excluding fencing, shall have a minimum front yard setback of 50 feet. Michele Cleland Agenda Item 6 PacketPage Pg. 4 143  7.L.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: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife 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 part of the Suburban Area, which has as its guiding principle the creation and maintenance of “Great Neighborhoods,” areas that have a mix of residential and complementary non- residential uses. This corridor of London Bridge Road retains agricultural uses, such as Hunt Club Farm, that abut more recent residential subdivisions. The Wildlife Rehabilitation Center, as proposed, will retain the existing mature vegetation, thus maintaining the character of the existing landscape. The use is also similar to other agricultural uses in the corridor and is compatible with the adjacent neighborhood. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. A preliminary stormwater analysis was not provided as the applicant is not proposing any land disturbance associated with this request. No cultural resources are known to be associated with this property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 0 ADT London Bridge Road 18,000 ADT1 32,700 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 10 ADT 1 Average Daily Trips 2 as defined by a vacant lot 3 4 as defined by a 3-acre parcel LOS = Level of Service zoned AG-2 Agriculture Master Transportation Plan (MTP) and Capital Improvement Program (CIP) London Bridge Road is a four-lane divided minor suburban arterial road. There are currently no CIPs for this section of London Bridge Road. The MTP indicates a future right-of-way width of 100-feet containing a divided with a bike path. Public Utility Impacts Water There is a 10-inch City water main available for connection from London Bridge Road. The property must connect to City water if water service is needed. Michele Cleland Agenda Item 6 PacketPage Pg. 5 144  7.L.a Sewer City sanitary sewer is not available to this property. Health Department approval is required for septic systems. Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife Public Outreach Information Planning Commission • The applicant met with the Pine Ridge Civic League President on March 25, 2024 to discuss the details of the request. The President provided Staff a letter of support from the civic league, as well as a petition of support with 26 signatures from residents on Windy Pines Bend. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on May 2, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 21, 2024 and May 28, 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 20, 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 31, 2024. Michele Cleland Agenda Item 6 PacketPage Pg. 6 145  Location of Proposed Site Layout Aviaries Future Aviaries Michele Cleland Agenda Item 6 7.L.a PacketPage 146 Pg. 7 Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife  Site Photos Michele Cleland Agenda Item 6 7.L.a PacketPage 147 Pg. 8 Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife  Site Photos Michele Cleland Agenda Item 6 7.L.a PacketPage 148 Pg. 9 Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife  Disclosure Statement Michele Cleland Agenda Item 6 7.L.a Packet Page 149 Pg.10 Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife  Disclosure Statement Michele Cleland Agenda Item 6 7.L.a Packet Page Pg.1150 Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife  Disclosure Statement Michele Cleland Agenda Item 6 7.L.a Packet Page 151 Pg.12 Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife  7.L.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife 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. Michele Cleland Agenda Item 6 Page Packet Pg.13 152  7.L.a AG2 Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) R20 R20 R20 O1 oa d ge R B rid d on Lon Avenue R20 AG2 Pine Vie P1 w P1 AG2 R10 R10 R10 R10 R10 Site Property Polygons Zoning Building Michele Cleland 2285 London Bridge Road µ Feet Packet Pg. 153 0 35 70 140 210 280 350 420  7.L.a Virginia Beach Planning Commission Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife May 8, 2024, Public Meeting Agenda Item # 6 Michele Cleland RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. Our next item on the Consent Agenda is Item Number Six, Michelle Cleland. Mr. Boehling: Hello. My name is Robin Boehling, I'm here for Michelle Cleland, and I'm here to, I really don’t know what to say because she kind of tossed me in here last minute. Ms. Cuellar: First of all, thank you for being here. So, we we’re appreciative, and could you just state your name again for the record? Mr. Boehling: Robin Boehling. Ms. Cuellar: Thank you, ma’am, and then are the conditions acceptable to you, and Ms. Cleland. Mr. Boehling: Thank you very much. Ms. Cuellar: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Byler to read it into the record. Ms. Byler: Thank you. Ms. Cuellar: You may be seated. Ms. Byler: The applicant is requesting a Conditional Use Permit to operate a Wildlife Rehabilitation Centre on this approximately three-acre parcel Packet Pg. 154  7.L.a zoned AG-2 Agricultural District at 2285 London Bridge Road. She Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife will rehabilitate orphaned, native avian species, including waterfowl, waterbirds, and songbirds, and will eventually provide care of injured animals. The applicant will be operating this facility as an individual, not as a part of an organization. Animals will be brought to her primarily from other licensed rehabbers in the Virginia Beach area. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11:0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Packet Pg. 155  7.L.a Plumlee AYE Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife CONDITIONS 1. This Conditional Use Permit only permits rehabilitation of avians. A modification of conditions shall be required to permit rehabilitation of small mammals or other animal species. 2. The applicant shall comply with all the provisions of Section 242.4 of the City Zoning Ordinance (CZO) pertaining to a Wildlife Rehabilitation Facility. 3. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 4. The application shall comply with all rabies immunization protocols as established for wildlife rehabilitation by the Virginia Department of Wildlife Resources as required. 5. The applicant shall post and maintain a sign with contact information in case of emergencies for the operator. 6. The applicant shall maintain a sponsorship from a veterinarian that can provide veterinary services for diseased or injured animals. 7. The portion of the property in which aviaries or other wildlife containment are located shall be enclosed with a fence at least 48 inches tall. 8. The site shall be gated or otherwise secured when the operator or other volunteers are not present on site. 9. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 10. No animals shall be released at the subject site or within the neighborhood. 11. Animal waste shall be removed daily and disposed of in a lawful manner. 12. All animals shall be properly and humanely contained within the pre-release structure(s). Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 13. Subdivision of any of the property that has been identified as within the Conditional Use Permit (CUP), shall require a modification of the CUP to remove such property from the purview of the CUP. 14. The existing driveway access from London Bridge Road on the eastern side of the property shall only be used by emergency vehicles and shall otherwise be blocked for use by vehicles (e.g., gated) in accordance with standards and requirements of the Fire Mashal Office. Non-emergency vehicular ingress and egress shall only be from the shared entrance on London Bridge Road where there is an existing access easement. Packet Pg. 156  7.L.a Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife 15. Structures on the property, including animal enclosures and excluding fencing, shall have a minimum front yard setback of 50 feet. Packet Pg. 157  7.L.a Elizabeth D. Nowak Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife From: Pine Ridge Civic League Virginia Beach, VA <pineridgecivicleague@gmail.com> Sent: Tuesday, March 26, 2024 4:16 PM To: Elizabeth D. Nowak Subject: CUP for Michele Cleland (2285 London Bridge Road) CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Nowak, I had the pleasure to speak to Michele Cleland about her request for a CUP for her property at 2285 London Bridge Road. I would like to provide my recommenda on for her CUP for her wildlife rehabilita on ac vi es. Please let me know if you have any ques ons. Thank you! Jeremy Walker President Pine Ridge Civic League PO Box 6163 Virginia Beach VA 23456 www.pineridgecivicleague.com A Lynnhaven River Now Pearl Home Neighborhood Since 2019 1 Packet Pg. 158 Packet Pg. 159 7.L.a Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife Packet Pg. 160 7.L.a Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife  7.L.a Attachment: 04_ARF Package for Michele Cleland (3952 : Michele Cleland (Applicant & Property Owner) Conditional Use Permit (Wildlife 2388 London Bridge Road Virginia Beach, VA 23456 (757) 427-9520 March 27, 2024 Virginia Beach Planning Department Elizabeth Nowak, Planner 2875 Sabre Street, Suite 500 Virginia Beach, VA 23456 RE: CUP 2285 London Bridge Road Virginia Beach Planning Department, I am writing in support of Michele Cleland’s current Conditional Use application for 2285 London Bridge Road. We appreciate that she plans to keep bees, animals and avians on the AG zoned property. We also support the request to do wildlife rehabilitation on the property as we know firsthand how much this is needed in our community. We also would suggest that the permit include a few conditions. 1. Rehabilitators working on the property shall maintain wildlife rehabilitation certification through the state or as required by law. 2. Animals and Avians will not be released from the site. According to my conversation with Michele these conditions seem to be inline with her CUP request. Please contact me if any additional information is needed at 757-618-6466. Sincerely, Randi Vogel Packet Pg. 161  SAMANTHA CARROW FOR A CONDITIONAL USE PERMIT RE SHORT-TERM RENTAL AT 905 PACIFIC AVENUE, UNIT C DISTRICT 5 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 162  7.L.a Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SAMANTHA CARROW [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 905 Pacific Avenue, Unit C (GPIN 24272444110990) COUNCIL DISTRICT 5 MEETING DATE: June 4, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom Short Term Rental within the Pacific Place Condominium. There are no current or past zoning violations associated with the unit and the unit has not been previously advertised or rented as a Short Term Rental  Considerations: Short Term Rentals are prevalent on this property with a total of 16 approved Conditional Use Permits for the operation of Short Term Rentals. As this property has a historical parking exemption, there is one assigned parking space 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 May 8, 2024, the Planning Commission passed a motion to recommend approval of these items on the Consent Agenda, by a recorded vote of 11-0. 1. The following conditions shall only apply to the dwelling unit addressed as 905 Pacific Avenue Unit C and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. 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. 163  7.L.a Samantha Carrow Page 2 of 4 Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short 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. 164  7.L.a Samantha Carrow Page 3 of 4 Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Packet Pg. 165  7.L.a Samantha Carrow Page 4 of 4 Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures.  Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 166  7.L.a Applicant & Property Owner: Samantha Carrow Agenda Agenda Items Item 10 9 Planning Commission Public Hearing: May 8, 2024 Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short City Council District 5 Requests Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Garek Hall Hannigan Location 905 Pacific Avenue, Unit C GPIN 24272444110990 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 Samantha Carrow Agenda Item 10 PacketPage Pg. 1 167  7.L.a Background & Summary of Proposal Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short Site Conditions and History • This 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned OR Oceanfront Resort District. According to City records, this multi-family condominium was constructed in 1969. • On-street parking is not permitted on this portion of Pacific Avenue. • Since this unit was not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the unit would not be considered as grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of April 10, 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 Samantha Carrow Agenda Item 10 PacketPage Pg. 2 168  7.L.a Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental 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: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (historical exemption made): 1 • Number of off-street parking spaces provided: 1 Zoning History # Request 1 CUP (Short Term Rental) Approved 03/19/2024 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 2 CUP (Short Term Rental) Approved 06/12/2022 CUP (Short Term Rental) Approved 04/05/2022 CUP (Short Term Rental) Approved 11/09/2021 1 CUP (Short Term Rental) Approved 03/02/2021 CUP (Short Term Rental) Approved 10/20/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 06/09/2020 CUP (Short Term Rental) Approved 04/06/2020 CUP (Short Term Rental) Approved 02/04/2020 2 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a two-bedroom Short Term Rental unit within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 16 approved Conditional Use Permits for the operation of Short Term Rentals. Samantha Carrow Agenda Item 10 PacketPage Pg. 3 169  7.L.a 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 Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design.” The Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore, the use of 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 unit addressed as 905 Pacific Avenue Unit C and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. 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. Samantha Carrow Agenda Item 10 PacketPage Pg. 4 170  7.L.a 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. Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short 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. 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. Samantha Carrow Agenda Item 10 PacketPage Pg. 5 171  7.L.a 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. Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on May 2, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 21, 2024 and May 28, 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 20, 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 31, 2024. Samantha Carrow Agenda Item 10 PacketPage Pg. 6 172  Site Layout & Parking Plan Samantha Carrow Agenda Item 10 PacketPage 173 Pg. 7 7.L.a Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short  Site Photo Samantha Carrow Agenda Item 10 PacketPage 174 Pg. 8 7.L.a Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short  Disclosure Statement Samantha Carrow Agenda Item 10 PacketPage 175 Pg. 9 7.L.a Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short  Disclosure Statement Samantha Carrow Agenda Item 10 Packet Page 176 Pg.10 7.L.a Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short  X Disclosure Statement 5/21/2024 Garek Hall Hannigan Samantha Carrow Agenda Item 10 Packet Page Pg.1177 7.L.a Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short  7.L.a Next Steps Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Samantha Carrow Agenda Item 10 Page Packet Pg.12 178  OR 7.L.a Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property 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 Samantha Carrow 905 Pacific Avenue, Unit C µ Feet Packet Pg. 179 0 15 30 60 90 120 150 180  SAMANTHA CARROW STR VICINITY MAP Packet Pg. 180 7.L.a Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property  7.L.a Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 10 Samantha Carrow Ms. Cuellar: Thank you very much. Item Number 10, Samantha Carrow. Thank you for being here today. Could you please state your name for the record? Ms. Carro: Samantha Carrow. Ms. Cuellar: And are the conditions acceptable to you? Ms. Carro: Yes. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Mauch to read this into the record, please. Ms. Mauch: The applicant is requesting to operate a two bedroom short-term rental unit within the Pacific Place condominium building. Short term rentals are prevalent on this property with a total of 16 approved conditional use permits for the operation of short term rentals. Based on the consideration above, and no opposition, staff recommends approval of this request with the conditions listed below, which I will not read. We chose to put it on the consent agenda. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve. Packet Pg. 181  7.L.a Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11:0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 304 28 th St, Unit 208, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Packet Pg. 182  7.L.a Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short 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. 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. Packet Pg. 183  7.L.a Attachment: 05_ARF Package for Samantha Carrow (3953 : Samantha Carrow (Applicant & Property Owner) Conditional Use Permit (Short 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. 184  SUSANNE M. COLLIGON FOR A CONDITIONAL USE PERMIT RE SHORT-TERM RENTAL AT 304 28TH STREET, UNIT 208 DISTRICT 6 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 185  7.L.a Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUSANNE M. COLLIGON [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 304 28th St, Unit 208 (GPIN 24280028662008). COUNCIL DISTRICT 6 MEETING DATE: June 4, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom, 974 square-foot unit of the Playa Rana Condominiums located at 304 28th St, Unit 208. A zoning complaint was made on June 26, 2023, for the operation of a Short Term Rental without a Conditional Use Permit; however, the applicant has ceased the illegal operation of the unit and has worked with staff to obtain this Conditional Use Permit and come into compliance with the City Zoning Ordinance.  Considerations: The applicant is requesting to operate a two-bedroom, 974 square-foot Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of 9 approved Conditional Use Permits. There is one assigned parking space associated with this unit in the condominium’s parking lot. Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. There is no known opposition to this request.  Recommendation: On May 8, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th St, Unit 208, and the Short Term Rental use shall only occur in the principal structure. Packet Pg. 186  7.L.a Susanne M. Colligon Page 2 of 4 Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller’s responsibility to notify the new property owner of requirements ‘a’ through ‘c’ below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue’s Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Packet Pg. 187  7.L.a Susanne M. Colligon Page 3 of 4 Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short 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 Packet Pg. 188  7.L.a Susanne M. Colligon Page 4 of 4 Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures.  Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 189  7.L.a Applicant and Property Owner: Susanne M. Colligon (Fessick) Agenda Item 9 Planning Commission Public Hearing May 8, 2024 Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short City Council District 6 Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Garek Hall Hannigan Location 304 28th Street, Unit 208 GPIN 24280028662008 Site Size 53,138 square feet (974 square feet unit) Existing Land Use and Zoning District Condominiums / OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 28th Street Hotel / OR Oceanfront Resort South 27th Half Street Single-family dwellings, multi-family dwellings/ A-12 Apartment and A-36 Apartment East Restaurant / OR Oceanfront Resort West Arctic Avenue Grocery Store and Single-family Dwellings / OR Oceanfront Resort / R-5S Residential Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 1190  7.L.a Background & Summary of Proposal Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short Site Conditions and History • This 53,138 square foot parcel contains the Playa Rana Condominiums and is zoned OR Oceanfront Resort District. According to City records, this multi-family condominium was constructed in 2008. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • When researching the property for the current request, staff discovered a past zoning complaint from June 26, 2023, for operation of a Short Term Rental without a Conditional Use Permit; however the property owner has removed the advertising for the unit, ceased the short term rental of the property, and has worked with Staff to come into compliance with the City Zoning Ordinance. • Since this property was not registered with the Commissioner of Revenue nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of April 12, 2024, is shown in the chart below: REGISTERED WITH THE CURRENTLY ADVERTISED LAST KNOWN RENTAL COMMISSIONER OF THE REVENUE No September 2023 No Short Term Rentals in the Vicinity Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 2191  7.L.a Summary of Proposal The applicant is requesting a Conditional Use Permit to operate a Short Term Rental on the subject site. The regulations Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (historical exemption made): 1 • Number of off-street parking spaces provided: 1 Zoning History # Request 1 CUP (Short Term Rental) Approved 03/19/2024 CUP (Short Term Rental) Approved 07/06/2021 CUP (Short Term Rental) Approved 06/01/2021 1 CUP (Short Term Rental) Approved 06/01/2021 CUP (Short Term Rental) Approved 04/07/2021 CUP (Short Term Rental) Approved 10/20/2020 CUP (Short Term Rental) Approved 10/20/2020 CUP (Short Term Rental) Approved 09/08/2020 CUP (Short Term Rental) Approved 09/08/2020 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a two-bedroom, 974 square-foot Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of nine approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space associated with this unit in the condominium’s parking lot. According to the City of Virginia Beach Zoning Ordinance, Appendix A, Article 23, Section 2303, (b), a., ii., “There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design.” Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 3192  7.L.a space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short application. While the unit was previously illegally advertised and utilized as a Short Term Rental unit, the property owner has since complied with the applicable ordinances and has worked with Staff to obtain the required Conditional Use Permit and Short Term Rental permit. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th St, Unit 208, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller’s responsibility to notify the new property owner of requirements ‘a’ through ‘c’ below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue’s Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 4193  7.L.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 Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of 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 Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 5194  7.L.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. Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short 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 April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on May 2, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 21, 2024 and May 28, 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 20, 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 31, 2024. Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 6195  Site Layout & Parking Plan Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 7196 7.L.a Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short  Site Photo Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 8197 7.L.a Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short  Disclosure Statement Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 9198 7.L.a Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short  Disclosure Statement Susanne M. Colligon (Fessick) Agenda Item 9 Packet Page Pg.10199 7.L.a Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short  X Disclosure Statement 5/21/2024 Garek Hall Hannigan Susanne M. Colligon (Fessick) Agenda Item 9 Packet Page Pg.11200 7.L.a Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short  7.L.a Next Steps Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Susanne M. Colligon (Fessick) Agenda Item 9 Page Packet Pg.1201  OR 7.L.a Arcti OR Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property nue c Pacifi c Ave S t reet 28th OR ue OR OR Aven Arcti OR e OR venu nue c Ave fic A Paci f S t reet 27t h Hal et A12 Stre Half A36 27th A12 S t reet R5S 27th A12 OR Site Property Polygons Zoning Building Susanne M Colligon 304 28th Street, Unit 208 µ Feet Packet Pg. 202 0 15 30 60 90 120 150 180  SUSANNE M. COLLIGON STR VICINITY MAP Packet Pg. 203 7.L.a Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property  7.L.a Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 9 Susanne Colligan RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much, Commissioner. Our next item on the consent agenda is Item Number Nine, Susanne Colligan. It doesn't appear that Ms. Colligan can be with us here today, so I've asked Commissioner Plumlee to read this into the record. Mr. Plumlee: Susanne Colligan has made this request at 304 28 th Street Unit 208 for short term rental. This is proper within the text amendment zone OR Oceanfront Resort. She has her assigned parking space. The staff noted that there had been a previous illegally advertised, and used short-term rental dislocation, but it is a condominium where that was a habit for a while, so staff has the applicant work with staff, and staff is agreeable. Our excellent staff is agreeable to have this placed on the consent agenda today. There's no objection by any member of the commission so it's appropriate. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Packet Pg. 204  7.L.a Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11:0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 304 28 th St, Unit 208, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is Packet Pg. 205  7.L.a Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller’s responsibility to notify the new property owner of requirements ‘a’ through ‘c’ below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue’s Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) Packet Pg. 206  7.L.a Attachment: 06_ARF Package for Susanne M. Colligon (3954 : Susanne M. Colligon (Applicant & Property Owner) Conditional Use Permit (Short 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. 207  ORDINANCE TO AMEND SECTION 103 OF THE CITY ZONING ORDINANCE (CZO) RE GRANTING OF MODIFICATIONS BY THE ZONING ADMINISTRATOR 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. 208  7.L.a Attachment: 07_ARF Package for City of Virginia Beach, Administrative Modifications (3955 : An Ordinance to amend Section 103 of the City CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 103 OF THE CITY ZONING ORDINANCE PERTAINING TO THE GRANTING OF MODIFICATIONS BY THE ZONING ADMINISTRATOR. PROPOSED FEE: $200; AUTHORITY: VIRGINIA CODE SECTION 15.2-2286. DOCUMENTATION FOUND AT THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT- 2875 SABRE STREET, SUITE 500, (757) 385-4621. MEETING DATE: June 4, 2024  Background: The purpose of this amendment is to grant the Zoning Administrator the authority to make minor modifications to the provisions of the Zoning Ordinance. Granting the Zoning Administrator the authority to make modifications to the dimensional requirements of the Zoning Ordinance alleviates the need for a Board of Zoning Appeals (BZA) variance for minor items that are not expected to have detrimental impacts on surrounding properties. This Ordinance upholds the integrity of the Zoning Ordinance by restricting approvable modifications to only five percent and requiring that the Zoning Administrator make findings similar to those of the BZA. Additionally, a process for the notification of the adjacent property owners is established to allow them to provide comments or concerns. Should there be valid and substantiated objections from the neighboring properties, the request will be denied, and the applicant will be given the option to apply for a variance from the BZA.  Considerations: Modifications would be permitted up to five percent of any provision of the Ordinance pertaining to the physical requirements of a lot or parcel of land, including but not limited to size, height, or location of features related to any building, structure, or improvement. To approve a modification, the Zoning Administrator, similar to the Board of Zoning Appeals, must find that the request meets the three criteria shown below. 1. The strict application of the Ordinance would produce an undue hardship; and 2. Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and Packet Pg. 209  7.L.a City of Virginia Beach Page 2 of 2 Attachment: 07_ARF Package for City of Virginia Beach, Administrative Modifications (3955 : An Ordinance to amend Section 103 of the City 3. The authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. There is no known opposition to this request.  Recommendation: On May 8, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0.  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. 210  7.L.a Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing May 8, 2024 1 Attachment: 07_ARF Package for City of Virginia Beach, Administrative Modifications (3955 : An Ordinance to amend Section 103 of the City Administrative Modifications by the Zoning Administrator Request An Ordinance to amend Section 103 of the City Zoning Ordinance pertaining to the granting of modifications by the Zoning Administrator. Proposed fee: $200; Authority: Virginia Code Section 15.2-2286. Documentation found at the Planning and Community Development Department- 2875 Sabre Street, Suite 500, (757) 385-4621. Summary of Request The purpose of this amendment is to grant the Zoning Administrator the authority to make minor modifications to the provisions of the Zoning Ordinance. Modifications would be permitted up to five percent of any provision of the Ordinance pertaining to the physical requirements of a lot or parcel of land, including but not limited to size, height, or location of features related to any building, structure, or improvement. To approve a modification, the Zoning Administrator, similar to the Board of Zoning Appeals, must find that the request meets the three criteria shown below. 1. The strict application of the Ordinance would produce an undue hardship; and 2. Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and 3. The authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification. Recommendation Staff recommends approval of this Ordinance. Granting the Zoning Administrator the authority to make modifications to the dimensional requirements of the Zoning Ordinance alleviates the need for a Board of Zoning Appeals (BZA) variance for minor items that are not expected to have detrimental impacts on surrounding properties. This Ordinance upholds the integrity of the Zoning Ordinance by restricting approvable modifications to only five percent and requiring that the Zoning Administrator make findings similar to those of the BZA. Additionally, a process for the notification of the adjacent property owners is established to allow them to provide comments or concerns. Should there be valid and substantiated objections from the neighboring properties, the request will be denied, and the applicant will be given the option to apply for a variance from the BZA. City of Virginia Beach Agenda Item 1 PacketPage Pg. 1 211 Packet Pg. 212 7.L.a Attachment: 07_ARF Package for City of Virginia Beach, Administrative Modifications (3955 : An Ordinance to amend Section 103 of the City Packet Pg. 213 7.L.a Attachment: 07_ARF Package for City of Virginia Beach, Administrative Modifications (3955 : An Ordinance to amend Section 103 of the City  7.L.a Attachment: 07_ARF Package for City of Virginia Beach, Administrative Modifications (3955 : An Ordinance to amend Section 103 of the City Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 1 City of Virginia Beach RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: All right, thank you. Now, I'll pass it on to the Vice Chair for the Consent Agenda. Ms. Cuellar: Thank you, Mr. Chairman. Today we have eight items on the Consent Agenda. These are applications that are recommended for approval by staff and the planning commission concurred, and there are no speakers signed up in opposition. We'll go ahead and start with Agenda Item Number One, City of Virginia Beach. Mr. Kemp: Thank you. The first item here is an ordinance to amend Section 103 of the Zoning Ordinance, which would permit the Zoning Administrator to make minor modifications to the dimensional requirements of the ordinance. It does so by adding a Section M. What this does specifically is it allows the Zoning Administrator to modify provisions of the Zoning Ordinance by up to 5%. This deals with dimensional requirements, things such as the size, height, or the location of building structures or improvements on the lot. It also establishes a criteria for which the zoning administrator has to review each request and what they have to find. Those are that the strict application of the ordinance would produce an undue hardship, that the hardship is not shared with properties in the same zoning district or vicinity, and that it would not cause a hardship on the adjoining properties. There's also a notification process that's put in place. The Zoning Administrator has to mail out letters to the adjacent property owners to which they have 21 days to respond. A sign will also be posted on the site for 30 days. If there is opposition to it, the Zoning Administrator will review that opposition. If it's substantiated, Packet Pg. 214  7.L.a Attachment: 07_ARF Package for City of Virginia Beach, Administrative Modifications (3955 : An Ordinance to amend Section 103 of the City they would then go to, or have the opportunity to go to the Board of Zoning Appeals for a Variance Request. Lastly, there is a $200 fee associated with this application, and that covers the staff resources and notification costs. Thank you. Ms. Cuellar: Thank you, Mr. Kemp. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, we'll go forward with our next item number, and even though we all know you, please state your name for the record. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11:0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Packet Pg. 215  Coston Cuellar Estaris Hippen Mauch Parks Plumlee AYE AYE AYE AYE AYE AYE AYE Packet Pg. 216 7.L.a Attachment: 07_ARF Package for City of Virginia Beach, Administrative Modifications (3955 : An Ordinance to amend Section 103 of the City  ORDINANCE TO AMEND SECTION 1906 OF THE CITY ZONING ORDINANCE (CZO) RE THE COMPOSITION OF THE OLD BEACH DESIGN REVIEW COMMITTEE 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. 217  7.L.a Attachment: 08_ARF Package for City of Virginia Beach, Old Beach Design Review Committee (3956 : An Ordinance to amend Section 1906 of CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 1906 OF THE CITY ZONING ORDINANCE PERTAINING TO THE COMPOSITION OF THE OLD BEACH DESIGN REVIEW COMMITTEE. MEETING DATE: June 4, 2024  Background: Section 1906 of the Zoning Ordinance establishes the parameters for the Old Beach Design Review Committee. This five-member committee is intended to preserve, enhance, and promote the character of the residential neighborhood in accordance with the Old Beach Design Guidelines and provisions of the Old Beach Overlay District. The Committee recently expressed their desire to have a design professional on the committee to address current development trends and provide insight when reviewing projects.  Considerations: This text amendment proposes two changes to Section 1906 regarding the required makeup of the committee members and terms of appointment. Details of the request are as follows. 1. Section 1906 (b) is amended to require one representative from the Resort Advisory Commission, rather than two representatives as is currently required. The requirement to have one “licensed design professional with relevant work experience” is added. 2. Section 1906 (c) is added to clarify the terms of appointment. Two members shall be appointed to an initial one-year term, two appointed to an initial two- year term, and one appointed to a three-year term. All subsequent reappointments shall be three-year terms. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. The proposed amendment was presented to the Old Beach Design Review Committee on April 11, 2024, who voted unanimously to accept the proposed language. There is no known opposition to this request.  Recommendation: On May 8, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Packet Pg. 218  7.L.a City of Virginia Beach Page 2 of 2 Attachment: 08_ARF Package for City of Virginia Beach, Old Beach Design Review Committee (3956 : An Ordinance to amend Section 1906 of  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. 219  7.L.a Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing May 8, 2024 Attachment: 08_ARF Package for City of Virginia Beach, Old Beach Design Review Committee (3956 : An Ordinance to amend Section 1906 of Old Beach Design Review Committee 2 Request An Ordinance to amend Section 1906 of the City Zoning Ordinance pertaining to the composition of the Old Beach Design Review Committee. Summary of Request Section 1906 of the Zoning Ordinance establishes the parameters for the Old Beach Design Review Committee. This five- member committee is intended to preserve, enhance, and promote the character of the residential neighborhood in accordance with the Old Beach Design Guidelines and provisions of the Old Beach Overlay District. This text amendment proposes two changes to Section 1906 regarding the required makeup of the committee members and terms of appointment. Details of the request are as follows. 1. Section 1906 (b) is amended to require one representative from the Resort Advisory Commission, rather than two representatives as is currently required. The requirement to have one “licensed design professional with relevant work experience” is added. 2. Section 1906 (c) is added to clarify the terms of appointment. Two members shall be appointed to an initial one- year term, two appointed to an initial two-year term, and one appointed to a three-year term. All subsequent reappointments shall be three-year terms. Recommendation Staff recommends approval of this Ordinance. The Old Beach Design Review Committee unanimously voted to accept the proposed language of this text amendment at their April 11th meeting. They expressed their desire to have a design professional on the committee to address current development trends and provide insight when reviewing projects. The addition of term limits is recommended to create consistency with other boards, commissions, and committees in the city. City of Virginia Beach Agenda Item 2 PacketPage Pg. 1 220 Packet Pg. 221 7.L.a Attachment: 08_ARF Package for City of Virginia Beach, Old Beach Design Review Committee (3956 : An Ordinance to amend Section 1906 of Packet Pg. 222 7.L.a Attachment: 08_ARF Package for City of Virginia Beach, Old Beach Design Review Committee (3956 : An Ordinance to amend Section 1906 of  7.L.a Attachment: 08_ARF Package for City of Virginia Beach, Old Beach Design Review Committee (3956 : An Ordinance to amend Section 1906 of Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 2 City of Virginia Beach RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you, Mr. Kemp. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, we'll go forward with our next item number, and even though we all know you, please state your name for the record. Mr. Kemp: I am Kevin Kemp. I'm the Zoning Administrator for the City of Virginia Beach, and I'm the same person who did the first item for the record. All right the second item is an ordinance to amend section 1906 of the zoning ordinance, and this is in regards to the composition and appointment terms for the members of the Old Beach Design Review Committee. In regards to the composition, currently this committee has five members, two are required to be from the Resort Advisory Commission, and the other three are required to be either residence or property owners of the Old Beach neighborhood. What this amendment does is it takes one of the required members from RAC and replaces them with a licensed design professional with relevant work experience. The second change of the amendment is in terms of the appointments, and this is just clarifying. So it adds a subsection that says two of the members will be appointed to one year, first their first term of one year, two to two years, and one member to a three year term, and all subsequent appointments will be three years. Thank you. Ms. Cuellar: Thank you. Mr. Kemp. Is there any opposition to this item being placed on the consent agenda? Okay. Thank you very much. You may be seated. Our next item on the consent agenda is Item Packet Pg. 223  7.L.a Attachment: 08_ARF Package for City of Virginia Beach, Old Beach Design Review Committee (3956 : An Ordinance to amend Section 1906 of Number Three, and we've asked Commissioner Anderson to read that into the record, please. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11:0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE Packet Pg. 224