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 July 9, 2024 FAX (757) 385-5669 CITY ASSESSOR – SUE CUNNINGHAM CITY AUDITOR – LYNDON S. REMIAS EMAIL: CITYCOUNCIL@vbgov.com CITY CLERK – AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -CONFERENCE ROOM- 2:30 PM A. MICRO-TRANSIT PILOT PROGRAM UPDATE Ray Amoruso, Chief Planning & Development Officer, Hampton Roads Transit B. PROCESS IMPROVEMENT STEERING COMMITTEE (PISC) - 3:00 PM PROMPT PAY PROJECT Tuck Bowie, Vice Chair – PISC II. CITY MANAGER'S BRIEFINGS A. PRINCESS ANNE VILLAGE 3:30 PM Amanda Jarratt, Deputy City Manager L.J. Hansen, Director – Public Works B. 90-DAY FESTIVAL TASKFORCE 4:00 PM Nancy Helman, Director – Convention & Visitors Bureau III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:45 PM IV. CITY COUNCIL AGENDA REVIEW 5:00 PM V. INFORMAL SESSION -CONFERENCE ROOM- 5:15 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 1. Motion to Recess to Closed Session VI. FORMAL SESSION -CITY COUNCIL CHAMBER- 6:00 PM A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer B. INVOCATION 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 June 25, 2024 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCE/RESOLUTIONS Ordinance to AUTHORIZE acquisition of property in fee simple and easements either by agreement or condemnation, re the Marsh Restoration in Back Bay Project, CIP 100551 Resolution to PETITION the Commonwealth of Virginia re convey certain real property to the City Resolution to SUPPORT the City’s 2024 Round Six (6) Applications to the Virginia Department of Transportation (VDOT) re SMART SCALE Program Resolution to AUTHORIZE and DIRECT the City Manager to Execute the Second Amendment to the Memorandum of Agreement (MOA) re continue the Hampton Roads Regional Water Quality Monitoring Program between the City and Hampton Roads Planning District Commission Resolution to APPROVE the City’s Participation re the proposed settlement of Opioids-Related Claims Ordinance to AUTHORIZE temporary encroachments into two (2) City-Owned maintenance easements and variable width impoundment easement re construct, and maintain a rip rap revetment and a wood dock and maintain an existing plastic shed and an existing wood split rail fence at the rear of 1937 Haviland Drive DISTRICT 5 Ordinance to AUTHORIZE temporary encroachments into a portion of the City’s right-of-way known as Atlantic Boulevard (formerly Ocean Avenue), commonly referred to as the City Greenbelt, adjacent to 901 Atlantic Avenue re construct, and maintain a stairway to patio area, paver walkway for ADA access, foot wash, landscaping, LED lighting, concrete retaining walls level with lower patio and glass panel fence, handrails, paver patio and entry area DISTRICT 5 Ordinance to ACCEPT and APPROPRIATE $820,798 from the Department of Criminal Justice Services (DCJS) to the FY2024-25 Office of Volunteer Resources Operating Budget re various initiatives related to training and resiliency Ordinance to ACCEPT and APPROPRIATE $10,701 from the Commonwealth to the FY2024-25 Office of the Voter Registrar Operating Budget re provide salary adjustments approved by the General Assembly J. PLANNING NMP–C4 FAIRFIELD S/C, LLC for a Variance to Section 4.4 (b) of the Subdivision Regulations re subdivide the property to create a separate parcel for the existing McDonald’s restaurant at 5242 Fairfield Shopping Center & 5236 Providence Road RECOMMENDATION: APPROVE CRAIG M. & KRIS C. KIRBY for a Street Closure re approximately 563 square feet of an unnamed, and unimproved alley, adjacent to the rear of 631 Vanderbilt Avenue DISTRICT 5 RECOMMENDATION: APPROVE HOLLY ROAD, LLC for a Street Closure re portion of an unnamed, unimproved 15’ Lane and an unimproved portion of Holly Road adjacent to 300 Bay Colony Drive DISTRICT 6 RECOMMENDATION: APPROVE AUTOBELL CAR WASH, LLC / MALBON BROTHERS PETROLEUM, LLC for a Modification of Proffers to a Conditional Change of Zoning and Modification Conditions to a Conditional Use Permit re redevelop an existing manual car wash facility with a new 3,350- square foot automated car wash facility at 1896 General Booth Boulevard DISTRICT 5 RECOMMENDATION: APPROVE ADEKOJE PJ 22001, LLC for a Conditional Change of Zoning from AG-1 Agricultural to Conditional R-10 Residential re develop a ten (10) lot single-family subdivision West of Bluegrass Lane & East of 2044 Aloma Drive DISTRICT 2 RECOMMENDATION: STAFF-DENIAL PLANNING COMMISSION-APPROVE EARTHSCAPES ENTERPRISES, LLC for a Conditional Change of Zoning from B2 Community Business & I-1 Light Industrial to Conditional I-1Light Industrial re construct a 3-story, climate-controlled self-storage facility, totaling 106,800 square feet between 619 & 623 London Bridge Road DISTRICT 3 RECOMMENDATION: APPROVE CHARLOTTE NECIUK / MICHAEL & CHARLOTTE NECIUK for a Conditional Use Permit re home occupation-commercial kitchen at 2733 Pleasant Acres Drive DISTRICT 2 RECOMMENDATION: APPROVE LAFLEUR PROPERTIES, LLC for a Conditional Use Permit re truck & trailer rentals at 440 South Lynnhaven Road DISTRICT 3 RECOMMENDATION: APPROVE VB COMMERCIAL CENTER, LLC for a Conditional Use Permit re bulk storage yard at 4944 Euclid Road DISTRICT 4 RECOMMENDATION: APPROVE JIM LUTZ / LULU 1, LLC for a Conditional Use Permit re short-term rental at 915 Pacific Avenue, Unit D DISTRICT 5 RECOMMENDATION: APPROVE JEFF JAGLOWICZ for a Conditional Use Permit re short-term rental at 304 28th Street, Unit 103 DISTRICT 6  RECOMMENDATION: APPROVE GREEN CLEAN HOLLAND. LLC / ALP & ALEX ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10 RECOMMENDATION: APPROVE Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner) Conditional Use Permit (Indoor Recreation Facility) Address: 2058 S. Independence Boulevard GPIN: 1485352650 City Council: District 10 RECOMMENDATION: APPROVE CITY OF VIRGINIA BEACH for an Ordinance to AMEND Section 106 of the City Zoning Ordinance re public notification requirements for the Board of Zoning Appeals (BZA) RECOMMENDATION: APPROVE K. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT  ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************  6.I.a Packet Pg. 6 Attachment: Ordinance to authorize acquisition of property in fee simple and easements for the Marsh Restoration in Back Bay Project, CIP  6.I.a Packet Pg. 7 Attachment: Ordinance to authorize acquisition of property in fee simple and easements for the Marsh Restoration in Back Bay Project, CIP  6.I.a Packet Pg. 8 Attachment: Ordinance to authorize acquisition of property in fee simple and easements for the Marsh Restoration in Back Bay Project, CIP  6.I.a Packet Pg. 9 Attachment: Ordinance to authorize acquisition of property in fee simple and easements for the Marsh Restoration in Back Bay Project, CIP  6.I.a Packet Pg. 10 Attachment: Ordinance to authorize acquisition of property in fee simple and easements for the Marsh Restoration in Back Bay Project, CIP  6.I.a Packet Pg. 11 Attachment: Ordinance to authorize acquisition of property in fee simple and easements for the Marsh Restoration in Back Bay Project, CIP  6.I.a Packet Pg. 12 Attachment: Ordinance to authorize acquisition of property in fee simple and easements for the Marsh Restoration in Back Bay Project, CIP  6.I.a Packet Pg. 13 Attachment: Ordinance to authorize acquisition of property in fee simple and easements for the Marsh Restoration in Back Bay Project, CIP  6.I.a Packet Pg. 14 Attachment: Ordinance to authorize acquisition of property in fee simple and easements for the Marsh Restoration in Back Bay Project, CIP  6.I.a Packet Pg. 15 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 16 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 17 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 18 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 19 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 20 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 21 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 22 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 23 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 24 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 25 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 26 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 27 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 28 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 29 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 30 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 31 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 32 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 33 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 34 Attachment: Resolution Petitioning the Commonwealth of Virginia to convey certain real property to the City of Virginia Beach (4042 :  6.I.a Packet Pg. 35 Attachment: Resolution in Support of the City’s 2024 Round Six Applications for the Virginia Department of Transportation SMART SCALE  6.I.a Packet Pg. 36 Attachment: Resolution in Support of the City’s 2024 Round Six Applications for the Virginia Department of Transportation SMART SCALE  6.I.a Packet Pg. 37 Attachment: Resolution in Support of the City’s 2024 Round Six Applications for the Virginia Department of Transportation SMART SCALE  6.I.a Packet Pg. 38 Attachment: Resolution in Support of the City’s 2024 Round Six Applications for the Virginia Department of Transportation SMART SCALE  6.I.a Packet Pg. 39 Attachment: Resolution in Support of the City’s 2024 Round Six Applications for the Virginia Department of Transportation SMART SCALE  6.I.a Packet Pg. 40 Attachment: Resolution in Support of the City’s 2024 Round Six Applications for the Virginia Department of Transportation SMART SCALE  6.I.a Packet Pg. 41 Attachment: Resolution in Support of the City’s 2024 Round Six Applications for the Virginia Department of Transportation SMART SCALE  6.I.a Packet Pg. 42 Attachment: Resolution in Support of the City’s 2024 Round Six Applications for the Virginia Department of Transportation SMART SCALE  6.I.a Packet Pg. 43 Attachment: Resolution in Support of the City’s 2024 Round Six Applications for the Virginia Department of Transportation SMART SCALE  6.I.a Packet Pg. 44 Attachment: Resolution in Support of the City’s 2024 Round Six Applications for the Virginia Department of Transportation SMART SCALE  6.I.a Packet Pg. 45 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 46 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 47 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 48 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 49 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 50 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 51 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 52 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 53 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 54 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 55 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 56 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 57 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 58 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 59 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 60 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 61 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 62 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 63 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 64 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 65 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 66 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 67 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 68 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 69 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 70 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 71 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 72 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 73 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 74 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 75 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 76 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 77 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 78 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 79 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 80 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 81 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 82 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 83 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 84 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 85 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 86 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 87 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 88 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 89 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 90 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 91 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 92 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 93 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 94 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 95 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 96 Attachment: Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement  6.I.a Packet Pg. 97 Attachment: Resolution Approving the City's participation in the Proposed Settlement of Opioid Related Claims (4041 : Resolution Approving  6.I.a Packet Pg. 98 Attachment: Resolution Approving the City's participation in the Proposed Settlement of Opioid Related Claims (4041 : Resolution Approving  6.I.a Packet Pg. 99 Attachment: Resolution Approving the City's participation in the Proposed Settlement of Opioid Related Claims (4041 : Resolution Approving Packet Pg. 100 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 101 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 102 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 103 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 104 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 105 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 106 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 107 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 108 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 109 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 110 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 111 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 112 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 113 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 114 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 115 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 116 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 117 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 118 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 119 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into two City-owned maintenance easements, and a city-owned variable width Packet Pg. 120 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 121 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 122 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 123 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 124 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 125 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 126 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 127 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 128 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 129 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 130 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 131 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 132 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 133 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 134 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 135 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 136 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 137 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 138 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 139 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 140 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 141 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 142 6.I.a Attachment: Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way known as Atlantic Blvd., (formerly Ocean Packet Pg. 143 6.I.a Attachment: Ordinance to Accept and Appropriate $820,798 from the Department of Criminal Justice Services (4037 : Ordinance to Accept and Packet Pg. 144 6.I.a Attachment: Ordinance to Accept and Appropriate $820,798 from the Department of Criminal Justice Services (4037 : Ordinance to Accept and Packet Pg. 145 6.I.a Attachment: Ordinance to Accept and Appropriate State Funds to the FY 2024-25 Operating Budget of the Office of the Voter Registrar (4036 : Packet Pg. 146 6.I.a Attachment: Ordinance to Accept and Appropriate State Funds to the FY 2024-25 Operating Budget of the Office of the Voter Registrar (4036 :  NMP–C4 FAIRFIELD S/C, LLC FOR A VARIANCE TO SECTION 4.4 (B) OF THE SUBDIVISION REGULATIONS RE SUBDIVIDE THE PROPERTY TO CREATE A SEPARATE PARCEL FOR THE EXISTING MCDONALD’S RESTAURANT AT 5242 FAIRFIELD SHOPPING CENTER & 5236 PROVIDENCE ROAD Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 147  6.J.a Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NMP – C4 FAIRFIELD S/C, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 5242 Fairfield Shopping Center & 5236 Providence Road (GPIN 1466549642). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: July 9, 2024  Background: The applicant seeks to subdivide the property to create a separate parcel for the existing McDonald’s restaurant located at 5236 Providence Road. The subject lot (Parcel A), established by plat in 1979, is zoned B-2 Community Business District and is currently developed with a shopping center and fast-food restaurant. The newly created parcels (Parcel A-1 and Parcel A-2) would meet the 20,000 square foot minimum lot area requirement; however, Parcel A-1 would not meet the lot width requirement of 100 feet measured at the 35-foot front yard setback. A variance to Section 4.4(b) of the Subdivision Regulations is required as Parcel A- 1 will be deficient in the minimum lot width by 75 feet and deficient by 39 feet in street line frontage requirements. Once the property is subdivided only 25 feet of lot width and street line frontage will be provided.  Considerations: Section 9.3 of the Subdivision Regulations provides criteria for City Council to grant Subdivision Variance requests. The Planning Commission concurred with Staff’s recommendation of the approval of this request. At the Planning Commission Hearing, Condition 2 was added to address ingress/egress on the separate restaurant parcel (Parcel A-2). The condition indicates that a one-foot no ingress/egress easement shall be dedicated along Providence Road. The applicant agreed to the addition of Condition 2. 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 June 12, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 1. 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial Packet Pg. 148  6.J.a NMP-C4 Fairfield S/C, LLC Page 2 of 2 Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision conformance to the submitted exhibit entitled “Subdivision of REMAINING PORTION OF PARCEL A, “FAIRFIELD SHOPPING CENTER,” prepared by MSA, dated January 30, 2024, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. Prior to recordation, a one-foot no ingress-egress easement shall be dedicated along Providence Road for Parcel A-2 on the subdivision plat.  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. 149  6.J.a Applicant & Property Owner NMP – C4 Fairfield S/C, LLC Agenda Item 12 Planning Commission Public Hearing June 12, 2024 Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision City Council District 3 Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 5242 Fairfield Shopping Center, 5236 Providence Road GPIN 1466549642 Site Size 11.16 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping center / B-2 Community Business Surrounding Land Uses and Zoning Districts North Mini-warehouse, religious use / B-2 Community Business, A-12 Apartment South Providence Road Mixed retail, restaurants / B-2 Community Business East Kempsville Road Single-family dwelling, public library, police precinct, park / R-10 Residential, P-1 Preservation West Shopping center / B-2 Community Business NMP – C4 Fairfield S/C, LLC Agenda Item 12 PacketPage Pg. 1150  6.J.a Background & Summary of Proposal Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision • The subject lot (Parcel A) is zoned B-2 Community Business District and is currently developed with a shopping center and fast-food restaurant. The lot was established by plat in 1979 (M.B. 135, PG. 53). • The applicant seeks to subdivide the property to create a separate parcel for the existing McDonald’s restaurant located at 5236 Providence Road. While both proposed lots (Parcel A-1 & Parcel A-2) would meet the 20,000 square foot minimum lot area requirement, the newly created Parcel A-1 will not meet the lot width requirement of 100 feet measured at the 35-foot front yard setback. Being that the lot width is measured at the narrowest part of the lot and only 25 feet of frontage is provided, a variance to Section 4.4(b) of the Subdivision Regulations is required. • As shown below, Parcel A-2 meets all the dimensional standards for properties in the B-2 Community Business District. However, Parcel A-1 is deficient in both minimum lot width & street line frontage. Required Proposed Required Proposed Required Minimum Minimum Street Line Street Line Minimum Proposed Proposed Lot Lot Width in Lot Width in Frontage in Frontage in Lot Area in Lot Area B-2 B-2 B-2 R-10 B-2 (square feet) (feet) (feet) (feet) (feet) (square feet) Parcel A-1 100 25* 80 25* 20,000 461,238 Parcel A-2 100 150 80 120 20,000 24,850 *Variance Requested 3 Zoning History # Request 2 5 1 1 CUP (Car Wash Facility) Approved 10/18/2022 2 CUP (Indoor Recreation Facility) Approved 11/20/2018 3 CUP (Church Expansion) Approved 06/14/2006 CUP (Church Expansion) Approved 03/10/1993 CUP (Church) Approved 05/14/1979 4 4 5 CUP (Car Wash Facility) Approved 06/12/2002 CUP (Communication Tower) Approved 07/11/1995 CUP (Mini-Warehouse) Approved 09/10/1984 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. NMP – C4 Fairfield S/C, LLC Agenda Item 12 PacketPage Pg. 2151  6.J.a B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The request to address the reduction in lot width and street line frontage for Parcel A-1 is, in Staff’s opinion, acceptable. Staff believes the proposed lots will not be out of character with the surrounding area and finds the variance request to be compliant with the conditions of Section 9.3 of the Subdivision Regulations and consistent with the Comprehensive Plan’s vision for the Suburban Area. The shopping center is comprised of two parcels, both of which are considered legally nonconforming lots. The western parcel is Parcel B and the eastern parcel is Parcel A. Pursuant to Section 4.4(b) of the Subdivision Regulations, existing lots that fail to conform to present applicable zoning standards may be resubdivided to less than current minimum zoning standards if the lots have been legally created and if no greater degree of nonconformity than that already present would result. As such, the applicant would be permitted to resubdivide the property to create the restaurant parcel without a subdivision variance if the interior property line between Parcel A & B was vacated since the ultimate number of lots would not increase nor would the degree of nonconformity. However, since the applicant is requesting to maintain the existing interior property line between Parcels A & B and create a new parcel for the restaurant, thus creating three lots out of two, the variance is required. According to the applicant, vacating the interior property line between Parcels A & B is not feasible due to the number of existing commercial leases which would require numerous legal descriptions, lot area, and real estate tax changes. Staff is amendable to this request since the request is minor in nature. In Staff’s opinion, this variance request would not be detrimental or adversely affect the character of the area as the shopping center will continue to operate as it has since its development in the late 1970s. Based on these considerations, Staff recommends approval of this request with the condition listed below. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled “Subdivision of REMAINING PORTION OF PARCEL A, “FAIRFIELD SHOPPING CENTER,” prepared by MSA, dated January 30, 2024, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. Prior to recordation, a one-foot no ingress-egress easement shall be dedicated along Providence Road for Parcel A-2 on the subdivision plat. 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. NMP – C4 Fairfield S/C, LLC Agenda Item 12 PacketPage Pg. 3152  6.J.a The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the “Suburban Area.” Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan’s primary guiding principle for the Suburban Area is to create “Great Neighborhoods,” and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural resources or cultural features associated with the site. Public Utility Impacts Water & Sewer The site is connected to both City water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 13, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 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 May 24, 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 June 6, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 25, 2024 and July 2, 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 June 24, 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 July 5, 2024. NMP – C4 Fairfield S/C, LLC Agenda Item 12 PacketPage Pg. 4153  Subdivision Variance Exhibit NMP – C4 Fairfield S/C, LLC Agenda Item 12 PacketPage Pg. 5154 6.J.a Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision  Subdivision Variance Exhibit NMP – C4 Fairfield S/C, LLC Agenda Item 12 PacketPage Pg. 6155 6.J.a Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision  Proposed Parcel A-2 Exhibit NMP – C4 Fairfield S/C, LLC Agenda Item 12 PacketPage Pg. 7156 6.J.a Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision  Site Photos NMP – C4 Fairfield S/C, LLC Agenda Item 12 PacketPage Pg. 8157 6.J.a Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision  Site Photos NMP – C4 Fairfield S/C, LLC Agenda Item 12 PacketPage Pg. 9158 6.J.a Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision  Disclosure Statement NMP – C4 Fairfield S/C, LLC Agenda Item 12 PacketPage Pg.10159 6.J.a Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision  Disclosure Statement NMP – C4 Fairfield S/C, LLC Agenda Item 12 PacketPage Pg.1160 6.J.a Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision  X Disclosure Statement 6/18/2024 Marchelle L. Coleman NMP – C4 Fairfield S/C, LLC Agenda Item 12 PacketPage Pg.12161 6.J.a Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision  Disclosure Statement NMP – C4 Fairfield S/C, LLC Agenda Item 12 PacketPage Pg.13162 6.J.a Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision  6.J.a Next Steps Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision • 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. NMP – C4 Fairfield S/C, LLC Agenda Item 12 PacketPage Pg.14163  6.J.a R10 R7.5 Oleander R10 Circle Roa A12 d R10 Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC R10 Kem R10 O2 psv ille P1 R10 B2 Roa B2 d Lob B1 SC aug Kem h Dri Fairfie ve Provi psv R10 ld ille dence Road Bel R10 lam Provi yM denc ano e Road r Dr ive B2 R10 O2 R10 R10 Site Property Polygons Zoning Building NMP - C4 Fairfield S/C, LLC 5242 Fairfield Shopping Center & 5236 Providence Road μ Feet Packet Pg. 164 0 50100 200 300 400 500 600  6.J.a Virginia Beach Planning Commission Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision June 12, 2024, Public Meeting Agenda Item # 12 NMP-C4 Fairfield S/C, LLC RECOMMENDED FOR APPROVAL - CONSENT Clerk: Agenda Item #12 NMP-C4 Fairfield S/C, LLC is a subdivision variance request for section 4.4 of the subdivision regulations at 5242 Fairfield Shopping Center in 5236 Providence Road in District 3. Mr. Alcaraz: Just come forward and state your name please. Mr. Beamon: Thank you, Mr. Chairman, Madam Vice Chair, members of the commission. For the record, Rob Beamon, Virginia Beach Land Use Attorney with the Troutman Pepper Law Firm here today on behalf of the applicant. I wanted to just join Eddie and the commission quickly in congratulating Kay on her retirement. I've worked with Kay now for about 17 years, and it's been a pleasure the entire time. As I mentioned to her the other day, she's my resource on Virginia zoning law. No matter where I have cases, I always call Kay and bounce things off of her, and she's been kind enough to take those questions, and I really appreciate that. So, best wishes, Kay, moving forward, and Tori, we look forward to working with you as well. Regarding the application before you today, this is an application to create a new lot for the existing McDonald's over at the Fairfield Shopping Center, which has been on the property for a long time. No new improvements are proposed at all. This is just an exercise of trying to make a separate lot for this McDonald's site. The McDonald's site itself, which is proposed for subdivision, which is shown on your screen right here, would meet all the applicable criteria under the zoning ordinance for a separate lot, and let’s bringing up this application, is the underlying lot, which was created lawfully back in 1979 by a plat that was approved by the planning director and others with the city, and is there any way we could do the picture of the existing lot? So, this configuration of the lot, if you include the green with the rest of the lot, is the current configuration that was originally subdivided Packet Pg. 165  6.J.a back in 1979. We're not proposing to alter any component of the lot other Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision than that little, green parcel shown here, which is where the current McDonald's sits, and this application would create a separate subdivided parcel just for that parcel itself. The reason for this application, the lot as it was subdivided in 1979 has a little stem you'll see to the right of that green parcel, which is 25 feet wide, which is where it touches the right of way on Providence Road. The way the city code determines lot width, it's where the skinniest portion of the property touches the road. That's been 25 feet for since 1979. We're not proposing to change that at all. And so, it's a lot that's non-conforming now, and it would be notwithstanding this application just because we're modifying the boundaries of the underlying lot, which is nonconforming, we need to come through for additional approval. So, with that, we certainly thank you for your consideration. I did want to add that the condition that was proposed this morning regarding limiting access along the new McDonald's parcel is fine with the applicant. We're amenable to that, and we thank you for your consideration. Mr. Alcaraz: Any questions for Mr. Beamon? None? Is there any speakers? No? Mr. Parks: I'd like to make a motion to approve this item with attachment that they provide a one foot no ingress egress easement on the front of the new parcel. Mr. Alcaraz: I have a motion by Mr. Parks. Ms. Hippen: Second. Mr. Alcaraz: Second by Ms. Hippen. Clerk: Vote's open. By a vote of 10:1, agenda Item #12 has been recommended for approval. Packet Pg. 166  6.J.a Attachment: 01_ARF Package for NMP - C4 Fairfield SC, LLC (4043 : NMP - C4 Fairfield S/C, LLC (Applicant & Property Owner) Subdivision AYE 10 NAY 1 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler NAY Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE Packet Pg. 167  CRAIG M. & KRIS C. KIRBY FOR A STREET CLOSURE RE APPROXIMATELY 563 SQUARE FEET OF AN UNNAMED, AND UNIMPROVED ALLEY, ADJACENT TO THE REAR OF 631 VANDERBILT AVENUE 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. 168  6.J.a Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Craig M. Kirby and Kris C. Kirby for the Closure of One-Half of an Unimproved, Unnamed Alley Adjacent to the Rear of 631 Vanderbilt Avenue in Croatan MEETING DATE: July 9, 2024  Background: Craig M. Kirby and Kris C. Kirby (the “Applicants”) requested the closure of approximately 563 square feet of an unimproved, unnamed alley (the “Right-of- Way”) adjacent to the rear of their property located at 631 Vanderbilt Avenue (GPIN 2426-38-4565), for the purpose of incorporating the closed area into their adjoining property. On July 12, 2022, by Ordinance ORD-3703A, City Council approved the closure of this portion of the alley. Although the resubdivision plat was under review, it was not approved for recordation prior to the time to satisfy conditions expired and a request for an extension of time to satisfy conditions was not received.  Considerations: The street closure request is consistent with the City Council’s policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been approved within the Croatan neighborhood. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There was no opposition to the request.  Recommendation: On June 12, 2024, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request, subject to the following conditions: 1. The City Attorney’s Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the “Policy Regarding Purchase of City’s Interest in Streets Pursuant to Street Closures,” approved by City Council. Copies of the policy are available in the Planning Department. Packet Pg. 169  6.J.a Craig M. & Kris C. Kirby Page 2 of 2 Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney’s Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of-Way, this approval shall be considered null and void.  Attachments: Staff Report and Disclosure Statement Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 170  6.J.a Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631 1 ORDINANCE APPROVING THE APPLICATION OF 2 CRAIG M. AND KRIS C. KIRBY FOR THE 3 CLOSURE OF ONE-HALF OF AN UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO THE REAR OF 5 631 VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, Craig M. Kirby and Kris C. Kirby (the “Applicants”) applied to the 8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion 9 of an unimproved, unnamed right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council’s adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described portion of unimproved, unnamed right-of-way (the 21 “Right-of-Way”) be discontinued, closed and vacated, subject to certain conditions being 22 met on or before one (1) year from City Council’s adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as “AREA OF PROPOSED STREET CLOSURE 27 (563 SQ. FT. OR 0.013 ACRES)”, and shown as the cross- 28 hatched area on that certain street closure exhibit entitled: 29 “STREET CLOSURE EXHIBIT OF THE EASTERN 7.50’ OF 30 15’ ALLEY (A PUBLIC R/W) LOT 13A RESUBDIVISION OF 31 LOT 13 & SOUTHERN ½ OF LOT 14 BLOCK 18 32 SUBDIVISION OF CROATAN BEACH VIRGINIA BEACH, 33 VIRGINIA (INSTR.#20080722000859410)”, Scale: 1” = 20’, 34 dated March 4, 2022, prepared by Hassell & Folkes, P.C. 35 Engineers-Surveyors-Planners, a copy of which is attached 36 hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council’s adoption of this ordinance: 42 43 1. The City Attorney’s Office will make the final determination regarding 44 ownership of the underlying fee. The purchase price to be paid to the City shall be 45 determined according to the “Policy Regarding Purchase of City’s Interest in Streets 46 47 No GPIN assigned (City Right-of-Way) 48 Adjacent GPIN: 2426-38-4565 Packet Pg. 171  6.J.a Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631 49 Pursuant to Street Closures”, approved by City Council. It has been determined that the 50 purchase price to be paid to the City shall be $3,000, which is consistent with similar 51 street closures in this area. 52 53 2. The Applicants shall resubdivide the property and vacate the internal lot 54 lines to incorporate the Right-of-Way into the adjoining lot. The Resubdivision plat must 55 be submitted and approved for recordation prior to the final street closure approval. 56 Said plat shall include the dedication of a public drainage easement over the Right-of- 57 Way to the City of Virginia Beach, subject to the approval of the Department of Public 58 Works and the City Attorney’s Office, which easement shall include a right of 59 reasonable ingress and egress. 60 61 3. The Applicants shall verify that no private utilities exist within the Right-of- 62 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 63 company must be provided. 64 65 4. Closure of the Right-of-Way shall be contingent upon compliance with the 66 above-stated conditions within 365 days of approval by City Council. If the conditions 67 noted above are not accomplished and the final plat is not approved for recordation 68 within one (1) year of City Council approval, said approval shall be considered null and 69 void. 70 71 SECTION III 72 73 1. If the preceding conditions are not fulfilled on or before July 8, 2025, this 74 Ordinance will be deemed null and void without further action by the City Council. 75 76 2. If all conditions are met on or before July 8, 2025, the date of final closure 77 is the date the street closure ordinance is recorded by the City Attorney. 78 79 3. In the event the City of Virginia Beach has any interest in the underlying 80 fee, the City Manager or his designee is authorized to execute whatever documents, if 81 any, that may be requested to convey such interest, provided said documents are 82 approved by the City Attorney’s Office. 83 84 SECTION IV 85 86 A certified copy of this Ordinance shall be filed in the Clerk’s Office of the Circuit 87 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 88 VIRGINIA BEACH (as “Grantor”) and CRAIG M. KIRBY and KRIS C. KIRBY 89 (collectively, as “Grantee”). 90 91 Adopted by the Council of the City of Virginia Beach, Virginia, on this ______ day 92 of _____________, 2024. Packet Pg. 172  6.J.a Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: __________________________ __________________________ Planning Department City Attorney CA16434 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d014\p042\00811176.doc R-1 June 25, 2024 Packet Pg. 173  6.J.a Applicants Craig M. & Kris C. Kirby Agenda Item 8 Planning Commission Public Hearing June 12, 2024 Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631 City Council District 5 Request Street Closure Staff Recommendation Approval Staff Planner Marchelle Coleman Adjacent Address 631 Vanderbilt Avenue GPIN 2426384565 Site Size 563 square feet AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Atlantic Ocean Existing Land Use and Zoning District Unimproved right-of-way Surrounding Land Uses and Zoning Districts North Single-family dwellings / R-10 Residential South Aqua Lane Unimproved right-of-way, single-family dwellings / R-10 Residential East Vanderbilt Avenue Single-family dwellings / R-10 Residential West Unimproved alley, single-family dwellings / R-10 Residential Craig M. & Kris C. Kirby Agenda Item 8 PacketPage Pg. 1 174  6.J.a Background & Summary of Proposal Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631 • The applicant is requesting to close a portion of the platted, unnamed, and unimproved alley adjacent to the rear lot line. As shown on the submitted street closure exhibit, the proposal includes closure of half of the 15-foot-wide alley, totaling 563 square feet, and incorporating that land into their adjacent residential lot, identified as Lot 13A, Resubdivision of Lot 13 & Southern ½ of Lot 14, Block 18, Croatan Beach. • City Council previously approved the closure of this portion of the alley on July 12, 2022. A resubdivision plat was under review; however, the consultant failed to resubmit the plat to meet the July 11, 2023 recordation deadline. An extension of the time to meet the conditions of the July 12, 2022 approval was not requested, thus, this street closure is being submitted again to close the 563 square foot portion of the alley. • The site is developed with a single-family home and a fenced in backyard consistent with other residential lots in the Croatan neighborhood. Currently, the area proposed to be closed is fenced in with a pool and has been used and maintained by the applicant. 5 3 Zoning History # Request 1 1 2 STC Approved 07/12/2022 STC Approved 10/1/2019 3 STC Approved 05/21/2019 4 STC Approved 08/23/2011 4 5 STC Approved 02/22/2011 2 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation As required by City Code, a Viewers’ Meeting was held on April 25, 2024, that included City Staff from the Departments of Public Works, Public Utilities, Planning & Community Development, and the Office of the City Attorney, to consider this request. The Viewers determined that the proposed closure will not result in any public inconvenience; therefore, closure of this portion of the right-of-way is deemed acceptable. Several similar requests have been reviewed and approved by City Council for closure of alleys within the Croatan neighborhood. Consistent with those approvals, Condition 2 is recommended below whereby the City of Virginia Beach will retain a public drainage easement over the closed portion of the alley. Based on the consideration above, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Craig M. & Kris C. Kirby Agenda Item 8 PacketPage Pg. 2 175  6.J.a Recommended Conditions Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631 1. The City Attorney’s Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the “Policy Regarding Purchase of City’s Interest in Streets Pursuant to Street Closures,” approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney’s Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to surrounding uses. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. There does not appear to be significant natural or cultural resources associated with the site. Craig M. & Kris C. Kirby Agenda Item 8 PacketPage Pg. 3 176  6.J.a Public Outreach Information Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631 Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 13, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 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 May 24, 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 June 6, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 25, 2024 and July 2, 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 June 24, 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 July 5, 2024. Craig M. & Kris C. Kirby Agenda Item 8 PacketPage Pg. 4 177  Street Closure Exhibit Craig M. & Kris C. Kirby Agenda Item 8 PacketPage 178 Pg. 5 6.J.a Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631  Site Photos Craig M. & Kris C. Kirby Agenda Item 8 PacketPage 179 Pg. 6 6.J.a Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631  Disclosure Statement Craig M. & Kris C. Kirby Agenda Item 8 PacketPage 180 Pg. 7 6.J.a Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631  Disclosure Statement Craig M. & Kris C. Kirby Agenda Item 8 PacketPage 181 Pg. 8 6.J.a Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631  X Disclosure Statement 6/19/2024 Marchelle L. Coleman Craig M. & Kris C. Kirby Agenda Item 8 PacketPage 182 Pg. 9 6.J.a Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631  6.J.a Next Disclosure Steps Statement Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631 • 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. Craig M. & Kris C. Kirby Agenda Item 8 Page Packet Pg.10 183  6.J.a venue Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) rbilt A ide Alley R10 Surfs Vande R10 R10 ue Aven R10 a La ne R10 A qu ue Aven e erbilt Driv il ls R10 Alley Vand ta nH R10 oa R10 Cr R10 Site Property Polygons Zoning Building Craig M & Kris C Kirby 631 Vanderbilt Avenue μ Feet Packet Pg. 184 0 15 30 60 90 120 150 180  6.J.a Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631 Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 8 Craig M. & Kris C. Kirby RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Our next agenda item number is Item #8, Craig and Chris Kirby. Mr. Bourdon: Again, thank you for the record. Eddie Bourdon, Virginia Attorney representing Mr. and Mrs. Kirby. This was an easy one since it's the same conditions that were approved a couple years ago. Unfortunately, the civil engineer handling this wasn't familiar with the process of getting the resub plat done, and frankly, that one year is starting to be a problem across the board because they’re dealing with MERS and some of these servicers. It's very difficult. We appreciate being on the consent agenda. It will definitely get done within the next few months, but the conditions are all acceptable. 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 Parks to read this into the record. Mr. Parks: Thank you. The applicant is requesting to close a portion of the platted, unnamed, and unimproved alley adjacent to the rear lot lawn as shown in the submitted street closure exhibit. The repairs will include closure of half of the 15-foot-wide alley totalling 563 square feet. City Council previously approved the closure of this portion on the alley on July 12th, 2022, as mentioned by Mr. Bourdon. Since there was no objection then and there's still no opposition, we felt it was appropriate for the consent agenda. Packet Pg. 185  6.J.a Attachment: 02_ARF Package for Craig M. & Kris C. Kirby (4044 : Craig M & Kris C Kirby (Applicants) Street Closure Adjacent Address: 631 Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 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. 186  HOLLY ROAD, LLC FOR A STREET CLOSURE RE PORTION OF AN UNNAMED, UNIMPROVED 15’ LANE AND AN UNIMPROVED PORTION OF HOLLY ROAD ADJACENT TO 300 BAY COLONY DRIVE 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. 187  6.J.a Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Holly Road, LLC for the Closure of a Portion of an Unnamed, Unimproved 15’ Lane and an Unimproved Portion of Holly Road Adjacent to 300 Bay Colony Drive MEETING DATE: July 9, 2024  Background: Holly Road, LLC, a Virginia limited liability company (the “Applicant”), requested the closure of approximately 905 square feet of the southern half of an unnamed, unimproved 15’ lane and approximately 3,312 square feet of the western half of an unimproved portion of Holly Road (collectively, the “Right-of-Way”), located to the rear of and adjacent to its two parcels at 300 Bay Colony Drive (GPINs: 2418-77- 9689 and 2418-87-0679) for the purpose of incorporating the closed areas into its parcels.  Considerations: The street closure request is consistent with the City Council’s policy aimed at disposing of unimproved rights-of-way to adjoining property owners. The Viewers determined that the closure of the Right-of-way, with conditions set forth below, will not result in any public inconvenience. There was no opposition to the request.  Recommendation: On June 12, 2024, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0-1, to recommend approval of this request, subject to the following conditions: 1. The City Attorney’s Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the “Policy Regarding Purchase of City’s Interest in Streets Pursuant to Street Closures,” approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication to the City of Virginia Beach of a public utility and access easement over the closed portions of the Right-of- Packet Pg. 188  6.J.a Holly Road, LLC Page 2 of 2 Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony Way for access to and maintenance of the public infrastructure located within or to be located within the alley, which easement is subject to approval of the Department of Public Utilities and the City Attorney’s Office, respectively, and which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Prior to finalization of the street closure, if any improvements are to remain or be constructed in the Right-of-Way proposed for closure, the Applicant must apply for an encroachment into the public utility and access easement. 5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of- Way, this approval shall be considered null and void.  Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 189  6.J.a Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony 1 ORDINANCE APPROVING APPLICATION OF HOLLY 2 ROAD, LLC FOR THE CLOSURE OF A PORTION OF 3 AN UNNAMED, UNIMPROVED 15’ LANE AND AN 4 UNIMPROVED PORTION OF HOLLY ROAD 5 ADJACENT TO 300 BAY COLONY DRIVE 6 7 WHEREAS, Holly Road, LLC, a Virginia limited liability company (the “Applicant”) 8 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 9 described unimproved rights-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved rights-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or before one (1) year from City Council’s adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described unimproved portions of rights-of-way (collectively, the 21 “Right-of-Way”) be discontinued, closed and vacated, subject to certain conditions being 22 met on or before one (1) year from City Council’s adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and being 25 in the City of Virginia Beach, Virginia, designated and described as 26 “AREA OF PROPOSED STREET CLOSURE (905 SQ. FT. OR 27 0.021 ACRES)” and (AREA OF PROPOSED STREET CLOSURE 28 (3,321 SQ. FT. OR 0.076 ACRES)”, shown as the cross-hatched 29 areas on that certain exhibit plat entitled: “STREET CLOSURE 30 EXHIBIT OF A 25’ X 132.5’ PORTION OF HOLLY ROAD AND A 31 7.5’ X 118.38’ PORTION OF AN UNNAMED 15’ LANE 32 ADJACENT TO LOTS 127-A & 128-A THE HOLLIES (M.B. 6, PG. 33 107) ( M.B. 285, PG. 18) VIRGINIA BEACH, VIRGINIA”, Scale: 34 1”=40’, dated January 3, 2024, prepared by WPL, a copy of which 35 is attached hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City Council’s 40 adoption of this ordinance: 41 42 1. The City Attorney’s Office shall make the final determination regarding 43 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 44 Beach shall be determined according to the “Policy Regarding Purchase of City’s 45 46 NO GPIN (Right-of-Way) 47 Adjacent GPINs: 2418-87-0679 and 2416-77-9689 48 Packet Pg. 190  6.J.a Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony 49 Interest in Streets Pursuant to Street Closures,” approved by City Council. Copies of the 50 policy are available in the Planning Department. 51 52 2. The Applicant shall resubdivide the property and vacate internal lot lines to 53 incorporate the Right-of-Way into the adjoining lots. The resubdivision plat must be 54 submitted and approved for recordation prior to the final street closure approval. Said 55 plat must include the dedication to the City of Virginia Beach of a public utility and 56 access easement over the closed portions of the Right-of-Way for access to and 57 maintenance of the public infrastructure located within or to be located within the alley, 58 which easement is subject to approval of the Department of Public Utilities and City 59 Attorney’s Office, respectively, and which easement shall include a right of reasonable 60 ingress and egress. 61 62 3. The Applicant shall verify that no private utilities exist within the Right-of- 63 Way proposed for the closures. If private utilities do exist, easements satisfactory to the 64 utility company must be provided and shall be recorded after the final resubdivision plat 65 is recorded with the Clerk of Circuit Court. 66 67 4. Prior to finalization of the street closure, if any improvements are to remain 68 or be constructed in the Right-of-Way proposed for closure, the Applicant must apply for 69 an encroachment into the public utility and access easement. 70 71 5. Closure of the Right-of-Way shall be contingent upon compliance with the 72 above stated conditions within 365 days of the approval by City Council. If the 73 conditions noted above are not accomplished and the final plat is not approved for 74 recordation within one year of the City Council vote to close the Right-of-Way, this 75 approval shall be considered null and void. 76 77 SECTION III 78 79 1. If the preceding conditions are not fulfilled on or before July 8, 2025, this 80 Ordinance will be deemed null and void without further action by the City Council. 81 82 2. If all conditions are met on or before July 8, 2025, the date of final closure 83 is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the underlying 86 fee, the City Manager or his designee is authorized to execute whatever documents, if 87 any, that may be requested to convey such interest, provided said documents are 88 approved by the City Attorney’s Office. 89 90 SECTION IV 91 92 A certified copy of this Ordinance shall be filed in the Clerk’s Office of the Circuit 93 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 94 VIRGINIA BEACH as “Grantor” and HOLLY ROAD, LLC, as “Grantee.” Packet Pg. 191  6.J.a Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this _____ day 96 of _____________, 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: __________________________ __________________________ Planning Department City Attorney CA16433 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d024\p043\00974445.doc R-1 June 25, 2024 Packet Pg. 192  6.J.a Applicant Holly Road, LLC Agenda Item 9 Planning Commission Public Hearing June 12, 2024 Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony City Council District 6 Request Street Closure Staff Recommendation Approval Staff Planner Marchelle Coleman Adjacent Address 300 Bay Colony Drive and the adjoining western parcel GPINs 2418779689, 2418870679 Site Size 4,217 square feet AICUZ 65-70 dB DNL; Sub-Area 3 Watershed Chesapeake Bay Existing Land Use and Zoning District Unimproved right-of-way Surrounding Land Uses and Zoning Districts North Undeveloped lots / R-7.5 Residential South Bay Colony Drive, Holly Road East Single-family dwelling / R-7.5 Residential West Undeveloped lot / R-7.5 Residential Holly Road, LLC Agenda Item 9 PacketPage Pg. 1193  6.J.a Background & Summary of Proposal Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony • The applicant is requesting to close the western half of a 15-foot unimproved lane, equating to 905 square feet and the western half of an unimproved portion of Holly Road adjacent to 300 Bay Colony Drive, equating to 3,312 square feet. The total area to be closed is approximately 4,217 square feet. The applicant is seeking to incorporate these portions of the closed rights-of-way into their adjoining lots. • The applicant is seeking to incorporate the closed areas into their adjoining lots as an investment in their properties for the future and has no current plans to redevelop or otherwise improve either Lot 127A or Lot 128A. 1 2 Zoning History # Request 1 STC Approved 12/01/2015 2 STC Approved 03/23/1999 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 A Viewers’ Meeting was held on April 25, 2024, that included City Staff from the Departments of Public Works, Public Utilities, Planning and Community Development, and the Office of the City Attorney, to consider this application. The Viewers determined that the proposed closure, with the required easements to the City, will not result in any public inconvenience; therefore, closure of these portions of the rights-of-way is deemed acceptable. As noted in Condition 2, a public utility and access easement will need to be retained over the total area proposed be closed for the existing public gravity sanitary sewer main in the 15-foot-wide lane. Although there are no public utilities directly present in the portion of Holly Road proposed for closure, the easement is necessary over this area for access to and workspace for the sewer main in the alley. The applicant is agreeable to this condition. Condition 4 has also been added to indicate that no encroachment of private property should be made into the public utility and access easement without City approval. Based on these considerations, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Holly Road, LLC Agenda Item 9 PacketPage Pg. 2194  6.J.a Recommended Conditions Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony 1. The City Attorney’s Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the “Policy Regarding Purchase of City’s Interest in Streets Pursuant to Street Closures,” approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed areas into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication to the City of Virginia Beach of a public utility and access easement over the closed portions of the rights-of-way for access to and maintenance of the public infrastructure located within or to be located within the alley, which easement is subject to approval of the Department of Public Utilities and City Attorney’s Office, respectively, and which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Prior to finalization of the street closure, if any improvements are to remain or be constructed in the area proposed for closure, the applicant must apply for an encroachment into the public utility and access easement. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 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 these sites as being in the Suburban Area, Suburban Focus Area (SFA) 7- North Beach Area. The North Beach area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. Recommendations for North Beach include parcel consolidation, density stabilization, and the use of the Best Management Practices (BMPs) for stormwater control. The land acquired through the street closure agreement would support this recommendation for the North End. Holly Road, LLC Agenda Item 9 PacketPage Pg. 3195  6.J.a Natural & Cultural Resources Impacts Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony The site is located in the Chesapeake Bay watershed. There does not appear to be significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 13, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 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 May 24, 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 June 6, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 25, 2024 and July 2, 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 June 24, 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 July 5, 2024. Holly Road, LLC Agenda Item 9 PacketPage Pg. 4196  Street Closure Exhibit Holly Road, LLC Agenda Item 9 6.J.a PacketPage Pg. 5197 Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony  Street Closure Exhibit Holly Road, LLC Agenda Item 9 6.J.a PacketPage Pg. 6198 Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony  Site Photos Holly Road, LLC Agenda Item 9 6.J.a PacketPage Pg. 7199 Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony  Disclosure Statement Holly Road, LLC Agenda Item 9 6.J.a PacketPage Pg. 8200 Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony  Disclosure Statement Holly Road, LLC Agenda Item 9 6.J.a PacketPage Pg. 9201 Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony  X Disclosure Statement 6/19/2024 Marchelle L. Coleman Holly Road, LLC Agenda Item 9 6.J.a Packet Page Pg.10202 Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony  6.J.a Next Steps Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony • 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. Holly Road, LLC Agenda Item 9 Page Packet Pg.11203  6.J.a R7.5 R7.5 Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure R7.5 R7.5 R7.5 R40 D rive ol ony C Bay e n y Driv R7.5 Colo lly Bay Ho ad Ro R20 Alley R40 R7.5 R20 Site Property Polygons Zoning Building Holly Road, LLC 300 Bay Colony Drive and the adjoining western parcel μ Feet Packet Pg. 204 0 15 30 60 90 120 150 180  6.J.a Virginia Beach Planning Commission Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony June 12, 2024, Public Meeting Agenda Item # 9 Holly Road RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. The next item is Item #9, Holly Road, LLC. Mr. Bourdon: The five conditions as recommended by staff are acceptable to the applicant, and we appreciate being on the consent agenda. 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 Byler to read this into the record. Ms. Byler: This is for the parcel at 300 Bay Colony Drive, an adjoining western parcel. It is zoned residential, undeveloped. This is the closing of the end of a road, and City Attorney's Office shall make the final determination regarding the ownership and the underlying fee. There is no opposition, and the conditions apparently are acceptable. Ms. Cuellar: Thank you very much. Are there any abstentions on this item? Mr. Plumlee: Brian Plumlee, I'm abstaining on this matter. Ms. Cuellar: And we have a record on file. Thank you very much. A letter. Okay. Our next item, Item #10, Earthscapes Enterprises. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Packet Pg. 205  6.J.a Mr. Alcaraz: Attachment: 03_ARF Package for Holly Road, LLC (4045 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 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 ABS Packet Pg. 206  AUTOBELL CAR WASH, LLC / MALBON BROTHERS PETROLEUM, LLC FOR A MODIFICATION OF PROFFERS TO A CONDITIONAL CHANGE OF ZONING AND MODIFICATION CONDITIONS TO A CONDITIONAL USE PERMIT RE REDEVELOP AN EXISTING MANUAL CAR WASH FACILITY WITH A NEW 3,350-SQUARE FOOT AUTOMATED CAR WASH FACILITY AT 1896 GENERAL BOOTH BOULEVARD 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. 207  6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AUTOBELL CAR WASH, LLC [Applicant] MALBON BROTHERS PETROLEUM, LLC [Property Owner] Modification of Proffers to a Conditional Rezoning and Modification of Conditions to a Conditional Use Permit for the property located at 1896 General Booth Boulevard (GPIN 2415315462). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: July 9, 2024  Background: The applicant seeks to amend the proffers and conditions associated with the Conditional Rezoning and Conditional Use Permit approved by the City Council in 2003 to redevelop an existing manual Car Wash Facility on the site with a new 3,350-square-foot automated Car Wash Facility. The tunnel of the Car Wash Facility will face General Booth Boulevard with 8 vacuum stations located between the building and the right-of-way. A landscape buffer with ornamental trees and evergreen shrubs is proposed to screen the use from General Booth Boulevard. Hours of operation are 7:00 a.m. to 8:00 p.m. consistent with the current hours of operation for the existing car wash.  Considerations: This proposed redevelopment will result in a reduction of impervious surfaces on this site through the removal of existing asphalt and the addition of new green space. The existing vegetative buffer between this site and the adjoining residential properties will remain undisturbed and there will be sufficient screening from General Booth Boulevard. While the hours of operation originally proposed by the applicant were 7:00 a.m. to 7:00 p.m., the applicant did request to extend the closing time to 8:00 p.m. which was supported by both Staff and the Planning Commission and is reflected in the recommended conditions included below. 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 June 12, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Proffers Proffer 1: All exterior lighting on the Property shall be directed downward and shielded to direct light and glare away from all adjoining property. Packet Pg. 208  6.J.a Autobell Car Wash, LLC Page 2 of 3 Proffer 2: Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC Property owners shall develop the Property in substantial conformance, as determined by the Planning Director, or designee, to the site plan entitled "Conceptual Landscape Plan" dated March 20, 2024, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department (“Concept Plan”), and is incorporated herein by this reference. Proffer 3: Property owners shall landscape the Property in substantial conformance, as determined by the Planning Director, or designee, to the site plan entitled “Conceptual Landscape Plan” dated March 20, 2024, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department, and is incorporated herein by this reference. Proffer 4: In accordance with the Concept Plan, the only businesses permitted to operate on the Property are gasoline sales in conjunction with a convenience store, car wash facility, and take out BBQ restaurant. Proffer 5: Building materials used to construct visible exterior surfaces of the structures depicted on the Concept Plan shall be primarily metal, glass, plexiglass, or composite materials. Proffer 6: Property owners shall develop the structures on the Property in substantial conformance, as determined by the Planning Director, or designee, to the elevations entitled, "Autobell Malbon - Elevations" dated March 6, 2024, and prepared by MRA City Studio (“Elevations”). Such Elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning, and are incorporated herein by this reference. Proffer 7: Other than signage which may contain “trademark” colors and the accent colors on the car wash facility depicted on the Elevations, all other structures depicted on the Concept Plan shall utilize earth tone color schemes as depicted on the Elevations. Proffer 8: In addition to maintaining the abundance of existing landscaping along the Property's frontage on General Booth Boulevard and Culver Lane, the existing 15 foot wide Category IV Landscape Buffer will be maintained along the northern boundary and the existing 50 foot wide landscaped and treed buffer will be maintained along of the eastern boundary of the property. Packet Pg. 209  6.J.a Autobell Car Wash, LLC Page 3 of 3 Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC Proffer 9: The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. Conditions 1. When the property is redeveloped and landscaped, it shall be in substantial conformance with the submitted concept plan entitled, "Conceptual Landscape Plan", dated March 20, 2024, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the property is redeveloped, the exterior of the car wash building, vacuum stations, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "Autobell Malbon - Elevations" dated March 6, 2024, and prepared by MRA City Studio. Such Elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. The hours of operation of the automated car wash and vacuums shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. 8:00 p.m., daily. 4. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 5. Prior to final site plan approval, the existing convenience store and eating and drinking establishment shall be in compliance with the applicable sign regulations, unless a BZA variance is granted. 6. 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 Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 210  6.J.a Applicant Autobell Car Wash, LLC Agenda Items Property Owner Malbon Brothers Petroleum, LLC Planning Commission Public Hearing June 12, 2024 4&5 Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC City Council District 5 Requests #5 - Modification of Proffers (Amend Proffers from 2003 CRZ) #6 - Modification of Conditions (Amend Conditions from 2003 CUP) Staff Recommendation Approval Staff Planner Hoa N. Dao/Kaitlen Alcock Location 1896 General Booth Boulevard GPIN 2415315462 Site Size 2.74 acres AICUZ 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Fuel sales, convenience store, car wash facility / B-2 Community Business Surrounding Land Uses and Zoning Districts North Single-family dwelling / AG-2 Agricultural South Culver Lane Single-family dwellings / R-7.5 Residential East Single-family dwellings, office / R-7.5 Residential, B-1A Limited Community Business West General Booth Boulevard Brewery / I-1 Light Industrial Autobell Car Wash, LLC Agenda Items 4 &5 PacketPage Pg. 1 211  6.J.a Background & Summary of Proposal • The uses on this 2.74-acre parcel, zoned B-2 Community Business District, consist of a convenience store, a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC restaurant, fuel sales, and car wash facility. • The applicant seeks to amend approvals from 2003 to redevelop a portion of the site with a new 3,350-square foot automated tunnel car wash facility with eight vacuum stations. • The submitted site layout depicts the car wash bay door facing General Booth Boulevard with eight vacuum stations located between the building and the right-of-way. A landscape buffer with ornamental trees and evergreen hedge is proposed to screen the use from the public right-of-way. • The proposed car wash facility is of a more modern design with a flat roof and an exterior of corrugated metal and cementitious panels. The design and materials proposed for the dumpster enclosure is similar to the proposed car wash building. • The proposed vacuum stations are single turbine and neutral gray in color. • 26 parking spaces are required to accommodate uses on this site, and 39 are provided. • The proposed hours of operation for the car wash facility are 7:00 a.m. to 7:00 p.m., daily, consistent with the hours of operation for the existing car wash. Zoning History # Request 1 MDP Approved 12/07/2021 CRZ (Conditional B-2 to Conditional I-1) Approved 03/19/2019 MDP Approved 06/25/1996 MDP Approved 11/09/1993 MDP Approved 08/14/1989 1 3 2 CRZ (AG-1 & AG-2 to Conditional I-1) Approved 06/13/1988 CRZ (AG-2 to Conditional R-7.5) Approved 04/11/2006 4 3 CRZ (AG-2 to Conditional B-2) Approved 11/28/2003 CUP (Car Wash Facility) Approved 11/28/2003 MDC Approved 11/28/2003 2 MDP Approved 09/13/1994 CRZ (AG-2 to Conditional B-2) Approved 04/27/1993 CUP (fuel sales, convenience store, car wash) Approved 04/27/1993 4 CRZ (AG-2 to Conditional R-7.5) Approved 03/22/1994 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation In Staff’s opinion, the proposed modifications to replace the existing manual and automated car wash facility with an automated tunnel car wash facility are acceptable. The redevelopment will result in a reduction of impervious surface through the removal of existing asphalt and addition of new green space. Autobell Car Wash, LLC Agenda Items 4 &5 PacketPage Pg. 2 212  6.J.a As proffered and depicted on the Conceptual Landscape Plan, the existing vegetative buffer between this site and the adjoining residential properties will remain undisturbed, and additional plantings and green space are proposed along General Booth Boulevard and the interior of the site. Staff appreciates the applicant’s willingness to modify the proposal to address Staff comments to adjust the bright color on the building exterior, reduce the number of vacuum stations Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC between the building and General Booth Boulevard from 12 to 8 spaces, and enhance the proposed landscape buffer along General Booth Boulevard. During Staff’s site visit, it was noted that the existing building for the convenience store and restaurant exceeds the maximum number of signs allowed by the Zoning Ordinance. Staff is recommending a condition to rectify this violation. Staff finds the proposed redevelopment of an automated tunnel car wash facility acceptable and does not anticipate there will be any negative impacts to the site as the mix of uses on-site will remain the same. Staff recommends for approval of these requests with the proffers and conditions listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to “offset identified problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: All exterior lighting on the Property shall be directed downward and shielded to direct light and glare away from all adjoining property. Proffer 2: Property owners shall develop the Property in substantial conformance, as determined by the Planning Director, or designee, to the site plan entitled "Conceptual Landscape Plan" dated March 20, 2024, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department (“Concept Plan”), and is incorporated herein by this reference. Proffer 3: Property owners shall landscape the Property in substantial conformance, as determined by the Planning Director, or designee, to the site plan entitled “Conceptual Landscape Plan” dated March 20, 2024, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department, and is incorporated herein by this reference. Proffer 4: In accordance with the Concept Plan, the only businesses permitted to operate on the Property are gasoline sales in conjunction with a convenience store, car wash facility, and take out BBQ restaurant. Proffer 5: Building materials used to construct visible exterior surfaces of the structures depicted on the Concept Plan shall be primarily metal, glass, plexiglass, or composite materials. Proffer 6: Property owners shall develop the structures on the Property in substantial conformance, as determined by the Planning Director, or designee, to the elevations entitled, "Autobell Malbon - Elevations" dated March 6, 2024, and prepared by Autobell Car Wash, LLC Agenda Items 4 &5 PacketPage Pg. 3 213  6.J.a MRA City Studio (“Elevations”). Such Elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning, and are incorporated herein by this reference. Proffer 7: Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC Other than signage which may contain “trademark” colors and the accent colors on the car wash facility depicted on the Elevations, all other structures depicted on the Concept Plan shall utilize earth tone color schemes as depicted on the Elevations. Proffer 8: In addition to maintaining the abundance of existing landscaping along the Property's frontage on General Booth Boulevard and Culver Lane, the existing 15 foot wide Category IV Landscape Buffer will be maintained along the northern boundary and the existing 50 foot wide landscaped and treed buffer will be maintained along of the eastern boundary of the property. Proffer 9: The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney’s Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. When the property is redeveloped and landscaped, it shall be in substantial conformance with the submitted concept plan entitled, "Conceptual Landscape Plan", dated March 20, 2024, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the property is redeveloped, the exterior of the car wash building, vacuum stations, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "Autobell Malbon - Elevations" dated March 6, 2024, and prepared by MRA City Studio. Such Elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. The hours of operation of the automated car wash and vacuums shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. 8:00 p.m., daily. 4. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 5. Prior to final site plan approval, the existing convenience store and eating and drinking establishment shall be in compliance with the applicable sign regulations, unless a BZA variance is granted. 6. 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. 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. Autobell Car Wash, LLC Agenda Items 4 &5 PacketPage Pg. 4 214  6.J.a The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC 2003 CRZ - Approved Proffers 1. All exterior lighting on the Property shall be directed downward and shielded to direct light and glare from adjoining properties. 2. When the Property is redeveloped, it will be substantially in accordance with the “Conceptual Site Plan of Conditional Rezoning and Use Permit for Malbon Bros. Citgo Expansion…,” dated 12/13/02, rev. 4/30/03, rev. 7/9/03, rev. 8/19/03 prepared by John E. Sirine & Associates, Ltd., has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department (the “Concept Plans”). 3. The exterior design, materials and colors of the Existing Convenience Store and Existing (expanded) Canopy depicted on the Concept Plans will remain unchanged. The canopy will be expanded to accommodate one additional petroleum dispensing station as depicted on the Concept Plans. 4. In accordance with the Concept Plans, the only businesses permitted to operate on the property are gasoline sales in conjunction with a convenience store and a car wash facility. 5. Building materials used to construct visible exterior surfaces of the structures depicted on the Concept Plans shall be primarily brick, metal, glass, plexiglass, stucco or wood. 6. When the Property is redeveloped, the architectural features of the Car Wash depicted on the Concept Plan shall be substantially in accordance with the “ELEVATION OF MALBON BROTHERS CITGO EXPANSION,” dated April 30, 2003, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is one file with the Virginia Beach Planning Department (the “Car Wash Elevation”). 7. Other than signage, which may contain “trademark” colors and the accent colors on the car wash facility depicted on the car wash elevation, all other structures depicted on the Concept Plans shall utilize earth tone color schemes. 8. In addition to maintaining the abundance of existing landscaping along the Property’s frontage on General Booth Boulevard and Culver Lane, a 15 foot wide Category IV Landscape Buffer will be planted and maintained along the northern boundary and a 50 foot wide landscaped and treed buffer will be planted and maintained along the eastern boundary of the property as depicted on the Concept Plan. 2003 CUP - Approved Conditions 1. No more than eight (8) self-serve car wash bays and no more than two (2) automated car wash bays shall be permitted on the site. 2. An elevation of the proposed automated and self wash structure shall be submitted to the Planning Department during final site plan review. The color of the metal standing seam roof, all visible interior supports and any other accent features depicted as red, shall be changed to an earth tone color approved by the Planning Director. 3. Streetscape landscaping shall be installed along the General Booth Boulevard frontage for the parcel identified on the conceptual site plan as GPIN 2415-31-6485. This landscaping shall utilize the same species as that on the existing commercial site to the south. Autobell Car Wash, LLC Agenda Items 4 &5 PacketPage Pg. 5 215  6.J.a 4. All interior property lines shall be vacated prior to the issuance of a Certificate of Occupancy. 5. The final Landscape Plan shall include the species, caliper (measured a breast height), number and location of all existing trees greater than 10 inches in diameter to remain as well as the species, caliper, number and location of all Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC proposed trees within the area identified as “wooded area” on the Conceptual Site Plan. Trees within the wooded area shall be at least 50 percent evergreen, 2 ½ inches in caliper at the time of planting and shall be of a species and at a spacing acceptable to the Planning Department. 6. In addition to the plant material depicted on the site plan within the “landscape area” to the west of the proposed car wash structure, Category I landscaping shall be installed along the entire northern foundation of the automated wash structure. 7. A Lighting Plan and/or a Photometric Diagram Plan shall be submitted during final site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, direction of light, and the listing of lamp type, wattage, and type of fixture. Where lighting fixtures are installed along streets, in parking areas, or on the building for illumination purposes, all fixtures shall be of appropriate height and design to prevent any direct reflection and/or glare toward adjacent uses and city streets. Said lighting fixtures shall be consistent with the recommendations for the Design Standards for General Booth Boulevard as described in the Comprehensive Plan and a depiction of the proposed fixtures shall be included within the Lighting Plan. Lighting shall be directed down at the ground, and not out horizontally or up in the air. Any lighting located on the back of the building(s) must use appropriate shielding/screening in order to direct light downward at the ground and not toward the adjacent properties. 1994 MDP - Approved Proffers Proffer 4 is hereby revised as follow: 4. The site plan prepared by Talbot Group, Ltd., dated May 25, 1994, entitled “Culver Lane Convenience Center for Eight D Corporation” and those right-of-way dedications for Culver Lane and General Booth Boulevard depicted thereon, as well as the “Renderings” prepared by Talbot Group, dated July 12, 1994, entitled “Culver Lane Convenience Center”, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of access, circulation, parking, landscaping, best management practices as landscape features, lighting, signs, setback and building location consistent with or superior to the applicable Design Standards for General Booth Boulevard contained in the Comprehensive Plan. 1993 CRZ - Approved Proffers 1. All outdoor lights shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from all adjoining property. 2. No business shall be permitted to operate on the premises in addition to gasoline sales in conjunction with a convenience store and a car wash/detailing facility. 3. The only uses which will be permitted in place of gasoline sales in conjunction with a convenience store or a car wash detailing facility are: a) Business studios, office and clinics; b) Financial institutions; Autobell Car Wash, LLC Agenda Items 4 &5 PacketPage Pg. 6 216  6.J.a c) Greenhouses and plan nurseries; d) Medical and dental offices; e) Public buildings and grounds. Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC 4. The site plan prepared by Talbot Group, Ltd., dated February 15, 1993, entitled “Culver Lane Convenience Center” and those right-of-way dedications for Culver Lane and General Booth Boulevard depicted thereon, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of access, circulation, parking, landscaping, signs setback and building location consistent with or superior to the applicable Design Standards for General Booth Boulevard contained in the Comprehensive Plan. 5. Building materials used to construct visible exterior surfaces of the structures depicted on the site plan shall be primarily either brick, stone, stone faced block, stucco or wood. 6. Other than signage which may contain “trademark” colors and the accent colors, all other structures depicted on the site plan shall utilize earth tone color schemes consistent with the abundance of proffered landscaping. 1993 CUP - Approved Conditions 1. Prior to detailed site plan approval, the applicant shall meet with the Design Advisory Group for consultation to ensure architectural and aesthetical compatibility with the surrounding community. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Means to achieve these goals may include: all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings; new site layouts and buildings be of high quality and attractive design; plans reflect enhanced mobility and connectivity; designs incorporate environmental responsibility; and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Given that the proposal is a continuation of the existing use on the site and the redevelopment includes additional landscaping and green space beyond what exists today, the proposal is generally consistent with the recommendations of the Comprehensive Plan. Natural & Cultural Resources Impacts The property is within the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high‐water surface elevations in downstream receiving waters. There are no known cultural resources on the site. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Autobell Car Wash, LLC Agenda Items 4 &5 PacketPage Pg. 7 217  6.J.a General Booth Boulevard 32,260 ADT1 32,700 ADT 1 (LOS 4 “D”) No change to trip generation 1 Culver Lane 7,700 ADT 19,500 ADT (LOS “D”) 1 4 Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC 1 Average Daily Trips 4 LOS = Level of Service There will be no significant change in traffic based on the proposed conversion of an existing manual and automated car wash to a one tunnel automated car wash. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) General Booth Boulevard in the vicinity of this application is considered a four-lane major suburban arterial. The MTP proposes an eight-lane facility within a 190-foot right-of-way. There are currently no roadway CIP projects slated for this segment of General Booth Boulevard. Culver Lane in the vicinity of the site is a four-lane undivided collector roadway. There are no plans in the current CIP to improve this section of Culver Lane. Active Transportation Plan The Active Transportation Plan recommends an 8-foot wide concrete side path be constructed along both the General Booth Boulevard and Culver Lane frontages. Conformance with these recommendations, include the detailed design, will be handled during the site plan review process. Stormwater Impacts Project Stormwater Design Staff Summary This project consists of a new Autobell Car Wash facility to replace the existing car wash located at 1896 General Booth Boulevard. The existing onsite convenience store and gas station are intended to remain onsite. There will be an overall reduction in impervious area between the pre- and post-development condition. Stormwater management for the site is currently treated by an underground detention and infiltration facility which will remain undisturbed. The existing stormwater management facility collects drainage from the site and discharges into the existing public storm system along Culver Lane, and ultimately into the Ocean Lakes lake system, through Scopus Marsh Canal and into North Bay. Portions of the site that drain towards the General Booth right-of-way ultimately drain into Redwing Lake. Stormwater management for the site will be met through a reduction in impervious area between the pre-development and post-development condition. Based on the information provided by Kimley Horn in the Preliminary Drainage Study, the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 1.12 acres Pre-Development impervious area: 0.89 acres Post-Development impervious area: 0.78 acres Stormwater Management Facility Design Information Type of facility proposed: Reduction in Impervious Area Autobell Car Wash, LLC Agenda Items 4 &5 PacketPage Pg. 8 218  6.J.a Description of outfall: Stormwater runoff from the site enters through an existing underground detention and infiltration facility that discharges into the public drainage system along Culver Lane. Downstream conveyance path: This site is part of the Dam Neck Drainage Basin. Drainage leaving the site drains along Culver Lane, into the Ocean Lakes lake system, is conveyed along Scopus Marsh Canal and ultimately into North Bay. North Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC Bay leads into Back Bay which drains through the Currituck Sound and into the Atlantic Ocean. Public Utility Impacts Water & Sewer The site is connected to City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 13, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 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 May 24, 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 June 6, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 25, 2024 and July 2, 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 June 24, 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 July 5, 2024. Autobell Car Wash, LLC Agenda Items 4 &5 PacketPage Pg. 9 219  Proposed Site/Landscape Plan Autobell Car Wash, LLC Agenda Items 4 &5 Packet Page 220 Pg.10 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC  Proposed Elevation Plan Autobell Car Wash, LLC Agenda Items 4 &5 Packet Page 221 Pg.11 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC  Proposed Vacuum Station & Dumpster Enclosure Autobell Car Wash, LLC Agenda Items 4 &5 Packet Page Pg.1222 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC  Site Photos Autobell Car Wash, LLC Agenda Items 4 &5 Packet Page 223 Pg.13 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC  Site Photos Autobell Car Wash, LLC Agenda Items 4 &5 Packet Page 224 Pg.14 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC  Disclosure Statement Autobell Car Wash, LLC Agenda Items 4 &5 Packet Page 225 Pg.15 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC  Disclosure Statement Autobell Car Wash, LLC Agenda Items 4 &5 Packet Page 226 Pg.16 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC  X Disclosure Statement 06/26/2024 Kaitlen Alcock Autobell Car Wash, LLC Agenda Items 4 &5 Packet Page 227 Pg.17 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC  Disclosure Statement Autobell Car Wash, LLC Agenda Items 4 &5 Packet Page 228 Pg.18 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC  Disclosure Statement Autobell Car Wash, LLC Agenda Items 4 &5 Packet Page 229 Pg.19 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC  Disclosure Statement Autobell Car Wash, LLC Agenda Items 4 &5 Packet Page 230 Pg.20 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC  6.J.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC 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. Autobell Car Wash, LLC Agenda Items 4 &5 Page Packet Pg.21 231  6.J.a I1 A18 Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) I1 ard Bo ulev AG2 Bo ot Culver Q h G uay en er B2 B2 al B2 R7.5 Culv B1A R7.5 er Lan e C ulve r La R7.5 ne R5D R7.5 R7.5 R7.5 R7.5 Site Property Polygons Zoning Building Autobell Car Wash, LLC 1896 General Booth Boulevard μ Packet Pg. 232 Feet 0 25 50 100 150 200 250 300 Packet Pg. 233 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC Packet Pg. 234 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC Packet Pg. 235 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC Packet Pg. 236 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC Packet Pg. 237 6.J.a Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC  6.J.a Virginia Beach Planning Commission Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC June 12, 2024, Public Meeting Agenda Item # 4 & 5 Autobell Car Wash, LLC RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Okay, we'll then move forward to our next item. Item #4 and #5, Autobell Car Wash. Is there a representative here today? Mr. Dahlman: Hello. Good afternoon. David Dahlman with Kimley Horn. I'm here representing the Malbon Brothers Petroleum LLC for a new Autobell Car Wash. It's a replacement of an existing car wash on the existing property. We've reviewed and agree with the recommended proffers and happily we'll be on the consent agenda. Ms. Cuellar: Thank you very much, you may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Mauch to read this item into the record. Mr. Mauch: The applicant seeks to amend approvals from 2003 to redevelop a portion of the site with a new 3350 square foot automated tunnel car wash facility with eight vacuum stations. In staff's opinion, they have sought approval and the commission has done the same. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Packet Pg. 238  6.J.a Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as Attachment: 04_ARF Package for Autobell Car Wash, LLC (4046 : Autobell Car Wash, LLC (Applicant) Malbon Brothers Petroleum, LLC read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention on number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 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. 239  ADEKOJE PJ 22001, LLC FOR A CONDITIONAL CHANGE OF ZONING FROM AG-1 AGRICULTURAL TO CONDITIONAL R-10 RESIDENTIAL RE DEVELOP A TEN (10) LOT SINGLE-FAMILY SUBDIVISION WEST OF BLUEGRASS LANE & EAST OF 2044 ALOMA DRIVE 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. 240  6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ADEKOJE PJ 22001, LLC [Applicant & Property Owner] Conditional Rezoning (AG-1 Agricultural to Conditional R-10 Residential) for the property located west of Bluegrass Lane & east of 2044 Aloma Drive (GPIN 1494389822, 1494389445, 1494480354). COUNCIL DISTRICT 2 (Henley) MEETING DATE: July 9, 2024  Background: The applicant seeks to rezone three parcels totaling 7.5 acres from AG-1 Agricultural District to Conditional R-10 Residential District to develop a ten lot single-family subdivision with a resulting density of 1.69 units per acre. Proffered building designs depict a modern style with each dwelling designed to meet green energy design standards, including rooftop solar panels. On-site amenities include a pedestrian trail around the stormwater management pond and a small playground. The site will be accessed via extension of Bluegrass Lane from the Princess Anne Meadows neighborhood to the east. The site is located within the 65-70 dB DNL, Sub-Area 2 of the Air Installations Compatible Use Zones (AICUZ). On August 23, 2022, the applicant met with the Joint Review Process (JRP) Group who did not object to the request as the proposed density is consistent with adjacent residential developments. The Master Transportation Plan (MTP) shows a 300-foot-wide roadway right-of-way known as the “Southeastern Parkway Greenbelt” through this site; however, the Conceptual Subdivision Plan only depicts a 140-foot-wide easement for the Coastal Virginia Offshore Wind project (CVOW).  Considerations: While the proposed development is of high quality and maintains a consistent density with adjacent residential developments, it does not align with the recommendations of the Comprehensive Plan, specifically the Master Transportation Plan (MTP). The MTP calls for a 300-foot-wide right-of-way reservation for the construction of the Southeastern Parkway and Greenbelt (SEPG). While the SEPG is no longer being considered for construction as originally planned, designed Public Works has determined and presented to City Council that this portion of the SEPG should be retained for a future two-lane roadway. As currently designed, three of the proposed parcels would be impacted in their entirety by the proposed alignment, with another single-family parcel and one of the BMP parcels being partially impacted. Furthermore, the City’s Active Transportation Plan calls for a shared-use path within the same corridor that is also Packet Pg. 241  6.J.a Adekoje PJ 22001, LLC Page 2 of 3 Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning not accounted for with this request. Due to the inconsistencies with the Master Transportation Plan, Staff is recommending denial of the application. Staff received six letters of opposition to the request from residents along Aloma Drive and Damascus Trail with concerns of clearing trees and impacts to wildlife. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report.  Recommendation: On June 12, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 3. Proffer 1: When the Property is subdivided and developed, it shall have the entrance, neighborhood identification sign, street section, street trees, minimum front yard building setbacks, neighborhood playground, and open spaces substantially as depicted and described on the exhibits entitled, “Green Park Conceptual Master Plan, Virginia Beach, Virginia” dated April 3, 2024, prepared by Adekoje Architects, LLC, and “Signage Plan & Elevations, A2.0” dated June 15, 2022, prepared by Adekoje Architects, LLC, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter collectively, the “Conceptual Subdivision Plans”), and are incorporated herein by this reference. Proffer 2: When the Property is developed, it will be subdivided into no more than ten (10) single-family residential building lots. The ten (10) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 3,000 square feet of living area and a two (2) car garage. The homes constructed on Lots 1 through 10 as designated on the Conceptual Subdivision Plan shall have their front entry facing the street with the architectural features and exterior building materials substantially as depicted and designated on the exhibits designated “Green Park Home Elevations pages A1.0, A1.1, A1.2, and A1.3” dated July 20, 2022, prepared by Adekoje Architects, LLC, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter collectively “Home Elevations”), and are incorporated herein by this reference. Proffer 3: When the Property is developed, the party of the first part shall record a Declaration submitting the Lots, parcels, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners’ Association which shall be responsible for maintaining all open spaces, park areas, common areas, including any improvements and equipment thereon, entrance feature signage and other improvements on the Property as depicted on the Conceptual Subdivision Plan. Packet Pg. 242  6.J.a Adekoje PJ 22001, LLC Page 3 of 3 Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning Proffer 4: The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. Proffer 5: Further conditions may be required by the Grantee during detailed Subdivision review and administration of application City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements.  Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letters of Opposition (6) Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 243  6.J.a Applicant & Property Owner Adekoje PJ 22001, LLC Agenda Item 6 Planning Commission Public Hearing June 12, 2024 (Deferred August 9, Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning 2023) City Council District 2 Request Conditional Rezoning (AG-1 Agricultural to Conditional R-10 Residential) Staff Recommendation Denial Staff Planner Hoa N. Dao/Kaitlen Alcock Location Parcels west of Bluegrass Lane & east of 2044 Aloma Drive GPINs 1494389822, 1494389445, 1494480354 Site Size 7.50 acres AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District Wooded / AG-1 Agricultural Surrounding Land Uses and Zoning Districts North Single-family dwellings / R-7.5 Residential South Wooded / AG-1 Agricultural East Bluegrass Lane Single-family dwellings, wooded / R-10 Residential, AG-1 Agricultural West Single-family dwellings, wooded / R-7.5 Residential Adekoje PJ 22001, LLC Agenda Item 6 PacketPage Pg. 1244  6.J.a Background & Summary of Proposal Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning • This request was deferred at the August 9, 2023 Planning Commission public hearing at the applicant’s request; however, City Council has expressed no interest in acquiring these properties at this time. • The applicant is choosing to move forward with the rezoning request to rezone three parcels totaling 7.50 acres from AG-1 Agricultural District to Conditional R-10 Residential District for the development of ten single-family residential lots, resulting in a density of 1.69 units per acre. Since the August 9, 2023 Planning Commission hearing, the applicant provided Staff with a revised concept plan to show additional onsite wetlands and an updated proffer agreement. • Access to the site will be via the extension of Bluegrass Lane from the Princess Anne Meadows neighborhood to the east. • The Master Transportation Plan (MTP), a component of the Comprehensive Plan, shows a 300-foot wide roadway known as the “Southeastern Parkway and Greenbelt” through this site. The Conceptual Subdivision Plan depicts a 140-foot-wide easement for the Coastal Virginia Offshore Wind project (CVOW) instead of the 300-foot reservation required by the MTP. • The site is located within the 65-70 dB DNL, Sub-Area 2 of the Air Installations Compatible Use Zones (AICUZ). On August 23, 2022, the applicant met with the Joint Review Process (JRP) Group to discuss the proposed project. The Zoning Ordinance states that applications for rezonings for residential uses may be approved if they are at a density that is similar to or less than that of surrounding properties and that conform to the applicable provisions of the Comprehensive Plan. While the proposal does not conform with the recommendations of the MTP, it does conform with the density of the surrounding area. Since the JRP Group mainly reviews matters related to density and compatible uses, the JRP Group did not object to this request. • The proffered building designs depict a modern style with exterior façades consisting primarily of EIFS, stone veneer, board and batten siding, and glass. • According to the applicant, each dwelling will be built to meet green energy design standards, including rooftop solar panels. • A six-foot tall monument style sign with a stone veneer base is proposed at the entrance of the community on Bluegrass Lane. It will be appropriately landscaped as required by the Zoning Ordinance. • Proposed on-site amenities include a pedestrian trail around the stormwater management pond and a small playground. Adekoje PJ 22001, LLC Agenda Item 6 PacketPage Pg. 2245  6.J.a 3 Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning Zoning History # Request 1 MDP Approved 11/20/2018 CRZ (AG-1 to Conditional R-10) Approved 11/20/2018 CRZ (AG-1 & AG-2 to Conditional R-10) Approved 01/05/2016 2 SVR Approved 01/09/2007 3 CRZ (AG-2 to Conditional R-6) Approved 06/08/1987 2 1 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 Staff is recommending denial of this rezoning request as proposed since it does not align with the recommendations of the Comprehensive Plan. While the proposed density of 1.69 units per acre is compatible with the surrounding residential density as required for property located within the 65-70 dB DNL, Sub-Area 2 of the Air Installations Compatible Use Zones (AICUZ), the proposed development does not conform with recommendations of the Comprehensive Plan, specifically the Master Transportation Plan (MTP). The MTP, a component of the Comprehensive Plan, calls for a 300-foot wide roadway reservation for the construction of the Southeastern Parkway and Greenbelt (SEPG) through this site. While Staff and the City Council has acknowledged that there is not a need for the construction of the full SEPG as it is currently shown on the City’s Master Transportation Plan, Public Works has determined this portion of the SEPG alignment should be retained for a future two-lane roadway alignment from Indian River Road to Holland Road with an active transportation component. The Dominion Energy Coastal Virginia Offshore Wind (CVOW) project will use part of the 300-foot right-of-way alignment and the remaining portion of the alignment would be needed for the future roadway. The Conceptual Subdivision Plan depicts a 140-foot-wide easement for the CVOW project with no additional area for the future roadway, which poses a significant issue if the City intends to preserve the SEPG corridor as a future transportation corridor. Information provided by the Virginia Beach City Public Schools Staff indicates that all affected schools are under capacity and the additional students generated by this residential subdivision will be within the acceptable threshold for increases in student population. The proffered Conceptual Subdivision Plan shows two stormwater retention ponds on the eastern side of the development. A Preliminary Drainage Study was submitted for review and Staff agrees it has the ability to successfully comply with the stormwater requirements. Final design will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. As there is a public need to retain the entire 300-foot reservation to accommodate the future roadway and CVOW easement and construction of the homes would impede the City’s ability to accommodate a two-lane arterial roadway and shared use path through this site, Staff is recommending denial of this request. Should the Planning Commission contemplate a recommendation for approval, a list of proffers is provided below for consideration. Adekoje PJ 22001, LLC Agenda Item 6 PacketPage Pg. 3246  6.J.a Proffers Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to “offset identified problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is subdivided and developed, it shall have the entrance, neighborhood identification sign, street section, street trees, minimum front yard building setbacks, neighborhood playground, and open spaces substantially as depicted and described on the exhibits entitled, “Green Park Conceptual Master Plan, Virginia Beach, Virginia” dated April 3, 2024, prepared by Adekoje Architects, LLC, and “Signage Plan & Elevations, A2.0” dated June 15, 2022, prepared by Adekoje Architects, LLC, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter collectively, the “Conceptual Subdivision Plans”), and are incorporated herein by this reference. Proffer 2: When the Property is developed, it will be subdivided into no more than ten (10) single-family residential building lots. The ten (10) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 3,000 square feet of living area and a two (2) car garage. The homes constructed on Lots 1 through 10 as designated on the Conceptual Subdivision Plan shall have their front entry facing the street with the architectural features and exterior building materials substantially as depicted and designated on the exhibits designated “Green Park Home Elevations pages A1.0, A1.1, A1.2, and A1.3” dated July 20, 2022, prepared by Adekoje Architects, LLC, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter collectively “Home Elevations”), and are incorporated herein by this reference. Proffer 3: When the Property is developed, the party of the first part shall record a Declaration submitting the Lots, parcels, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners’ Association which shall be responsible for maintaining all open spaces, park areas, common areas, including any improvements and equipment thereon, entrance feature signage and other improvements on the Property as depicted on the Conceptual Subdivision Plan. Proffer 4: The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. Proffer 5: Further conditions may be required by the Grantee during detailed Subdivision review and administration of application City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney’s Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form should the City Council choose to approve the proposal. Adekoje PJ 22001, LLC Agenda Item 6 PacketPage Pg. 4247  6.J.a Comprehensive Plan Recommendations Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning The Comprehensive Plan recognizes this site as being within the Suburban Focus Area (SFA) 2.1 – North Courthouse, which calls for developments to complement the Municipal Center to the south, with significant landscape buffers and open space as part of the site design. The site lies within the 65-70 dB noise zone and Sub-Area 2 of the AICUZ. The proposal conflicts with the Comprehensive Plan’s Master Transportation Plan, which shows a 300-foot wide segment of the Southeastern Parkway and Greenbelt passing through the subject property. Constructing homes within the alignment would conflict with the city’s ability to accommodate a planned two-lane arterial roadway, shared use path, and wind energy utility corridor in the future. 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. No historical or cultural resources would be affected by this proposal. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Bluegrass Lane No Data Available Existing Land Use 2 – 10 ADT Proposed Land Use 3 – 100 ADT Princess Anne Road 30,878 ADT1 39,700 ADT 1 (LOS 4 “D”) 1 Average Daily Trips 2 as defined by a single-family 3 4 as defined by ten single-family LOS = Level of Service dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Bluegrass Lane is a two-lane residential street in the Princess Anne Meadows subdivision that currently terminates at the eastern edge of the subject property. The subdivision is proposed to extend Bluegrass Lane so that all ten homes would have access from this extension. The Princess Anne Meadows subdivision has only one access point at Princess Anne Road. Princess Anne Road has a four-lane divided typical section with parallel multi-use trails. There are no projects in the CIP to improve Princess Anne Road in the area of this rezoning application. A portion of the subject property is located within the 300-foot wide alignment for the Southeastern Parkway and Greenbelt (SEPG). While City Council has acknowledged that there is not a need for the construction of the full SEPG as it is currently included on the City’s Master Transportation Plan, Public Works has determined this portion of SEPG right- of-way alignment should be retained for a future two-lane roadway with an active transportation component. The Dominion Energy Wind Energy (CVOW) project is anticipated to use part of the 300-foot SEPG right-of-way alignment, and the Applicant has reserved this area as shown on the Conceptual Plan. This proposed development as shown on the Conceptual Plan would hinder the City's ability to preserve the SEPG corridor as a future transportation corridor. Adekoje PJ 22001, LLC Agenda Item 6 PacketPage Pg. 5248  6.J.a Active Transportation Plan The Active Transportation Plan recommends the incorporation of a shared use path within the alignment of the Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning Southeastern Parkway and Greenbelt. According to the Plan, shared use paths are typically 11-feet wide or greater and provide a physical buffer from vehicle traffic. Stormwater Impacts Project Stormwater Design Staff Summary This project consists of the construction of a single-family subdivision, including 10 lots. In addition to the lots, this project will include associated right-of-way improvements and a stormwater management facility to support the proposed development. Stormwater runoff from the site currently sheet flows east towards an existing public drainage ditch. Stormwater runoff from the proposed buildings and right-of-way improvements will be collected into a wet pond that will treat for both water quality and water quantity before discharging into the existing public drainage ditch to the east. The purchase of offsite nutrient credits will be utilized for any remaining water quality pollutant load reduction requirements not treated by the onsite wet pond. Based on the information provided by MSA in the Preliminary Drainage Study, the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 7.50 acres Pre-Development impervious area: 0.00 acres Post-Development impervious area: 2.17 acres Stormwater Management Facility Design Information Type of facility proposed: Wet pond Description of outfall: Stormwater runoff from the site that enters into the Stormwater Management Facility will discharge into the existing public drainage ditch to the east. Downstream conveyance path: This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains through a series of public pipes and ditches east into West Neck Creek, into the North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Public Utility Impacts Water City water must be extended to service the proposed lots. There are eight-inch City water mains along Bluegrass Lane and Aloma Drive. Sewer City sanitary sewer must be extended to service the proposed lots. There are eight-inch City sanitary sewer gravity main along Bluegrass Lane and Aloma Drive. Adekoje PJ 22001, LLC Agenda Item 6 PacketPage Pg. 6249  6.J.a School Impacts Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning School Current Enrollment Capacity Generation 1 Change 2 Christopher Farms Elementary 651 students 669 students 3 students 2 students Landstown Middle 1,338 students 1,424 students 1 student 1 student Landstown High 2,185 students 2,354 students 2 students 2 students 1 “Generation” represents the number of students that the development will add to the school. 2 “change” represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Outreach Information Planning Commission • Three letters of opposition have been received by Staff noting concerns related to loss of wildlife habitat, flooding, and traffic congression. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 13, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 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 May 24, 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 June 6, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 25, 2024 and July 2, 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 June 24, 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 July 5, 2024. Adekoje PJ 22001, LLC Agenda Item 6 PacketPage Pg. 7250  Proposed Subdivision Plan Adekoje PJ 22001, LLC Agenda Item 6 PacketPage Pg. 8251 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning  Subdivision Plan w/ 300’ SEPG Adekoje PJ 22001, LLC Agenda Item 6 PacketPage Pg. 9252 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning  Proposed Community Signage Adekoje PJ 22001, LLC Agenda Item 6 Packet Page Pg.10253 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning  Proposed Elevation Plans Adekoje PJ 22001, LLC Agenda Item 6 Packet Page Pg.11254 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning  Proposed Elevation Plans Adekoje PJ 22001, LLC Agenda Item 6 Packet Page Pg.1255 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning  Proposed Renderings Adekoje PJ 22001, LLC Agenda Item 6 Packet Page Pg.13256 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning  Proposed Renderings Adekoje PJ 22001, LLC Agenda Item 6 Packet Page Pg.14257 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning  Proposed Renderings Adekoje PJ 22001, LLC Agenda Item 6 Packet Page Pg.15258 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning  Proposed Renderings Adekoje PJ 22001, LLC Agenda Item 6 Packet Page Pg.16259 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning  Site Photo Adekoje PJ 22001, LLC Agenda Item 6 Packet Page Pg.17260 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning  Disclosure Statement Adekoje PJ 22001, LLC Agenda Item 6 Packet Page Pg.18261 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning  Disclosure Statement Adekoje PJ 22001, LLC Agenda Item 6 Packet Page Pg.19262 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning  X Disclosure Statement 06/26/2024 Kaitlen Alcock Adekoje PJ 22001, LLC Agenda Item 6 Packet Page Pg.20263 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning  6.J.a Next Steps Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning • 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. Adekoje PJ 22001, LLC Agenda Item 6 Page Packet Pg.21264  6.J.a R7.5 Aloma Driv R7.5 Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & R7.5 e AG2 AG1 AG1 R10 AG2 Site Property Polygons Zoning Building Adekoje PJ 22001, LLC Parcels west of Bluegrass Lane & east of 2044 Aloma Drive μ Feet Packet Pg. 265 0 40 80 160 240 320 400 480 Packet Pg. 266 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning Packet Pg. 267 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning Packet Pg. 268 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning Packet Pg. 269 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning Packet Pg. 270 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning Packet Pg. 271 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning Packet Pg. 272 6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning  6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 6 Adekoje PJ 22001, LLC RECOMMENDED FOR APPROVAL Clerk: Agenda Item #6, Adekoje PJ 22001, LLC is a request for a conditional rezoning from AG-1 Agricultural to Conditional R-10 Residential at the parcels west of Bluegrass Lane and east of 2044 Aloma Drive in District 2. Mr. Bourdon: Chairman, Members of the Commission, Eddie Bourdon, Virginia Beach Attorney. I'm here representing Tunde Adekoje who is with us this afternoon. Tunde is a local architect, a very accomplished one, and this is a unique proposal to construct, develop, and construct 10 homes on 7.5 acres, an extension of Blue Grass Lane at the back of the Princess Anne Meadows subdivision on a piece of property that is essentially surrounded by residential development of greater, slightly, but in every case greater densities than what is proposed here. The staff report indicates it's 1.69 units per acre, but my math on a 10 unit subdivision on 7.5 acres, it comes out a little bit less than that. I think it's 1.25 units per acre, but it's not high density by any stretch of the imagination. It is in a noise zone, and it is also completely consistent with our policies with regard to NAS Oceana, and the Joint Review Committee has so opined. The application is also with one exception, completely consistent with our comprehensive land use plan. The proposal is for a green development. These homes, which all will be designed and built by the applicant for sale will be entitled to be high grade LEED certified if anyone wants to submit for LEED certification. Everything about it is futuristic. The project would be unique to Virginia Beach and something that we, I think, as a city should be attempting to encourage looking forward, and that includes trees and greenery. The trees on the site, obviously, Dominion Power has come in and cleared 140 foot easement for the wind energy project, which I'll talk about a little bit, but Packet Pg. 273  6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning the rest of the property that would be developed to the greatest degree possible, the trees on the property would be retained. Obviously, we all know from a storm drainage perspective that it does require some trees to be removed, but it's not the applicant's intent to remove the first tree beyond what is absolutely necessary in order to develop these 10 lots with 10 houses on them. The property has no wetlands on it that are defined as such by the City of Virginia Beach, is entirely developable land, and the DEQ has approved any impacts to what would be core defined, non-upland, non-tidal wetlands, and under the Sackett decision, there's no connection to any body of water. So any concerns that none of this property or some of this property is developable or not valid, not accurate. The issue that is before us today, we have done everything we can do to try to avoid, but unfortunately that's become unavoidable that we come forward and move this process along. The subject property is bisected by on paper a road initially called the Southeastern Expressway. It was first put on the Master Transportation Plan in 1991. It was discussed for a couple of years or so prior to that time. Initially, it was a 150-foot wide right of way. A number of years later, in order to curry favor with the federal government for funding purposes, it was expanded to a 300-foot right of way with a southeastern Parkway and Greenbelt name given to it. Now 33 years later, 33 years that this property has been subjected to this idea that somewhere along the line is going to be a road put through, no effort made to acquire, you know, any right of way on the property, we've jettisoned the Southeastern Parkway and Greenbelt, and the city owns right of way on both sides of this property too, by the way. So the city now wants to have a two lane road from Holland Road to Indian River Road, which, I do understand that aspect of this, but a two lane road does not require a 160 foot wide right of way. In Town Center, Virginia Beach Boulevard, Independence Boulevard, those right of ways are 120 foot wide. So, we need a 160 foot right of way to build a two-lane road? No, we do not. We absolutely do not. You build a two-lane road with a multi-purpose trail, and all the bells and whistles you might want in Packet Pg. 274  6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning a 70-foot right of way without a problem at all. Now, this morning, I think the world of Ric Loman, one of the best people we have working for the city, and he was very honest. He said exactly what I intended to say. There's no idea when that two-lane road is ever going to get built. We don't know. I frankly don't think I'll live long enough to see it get built. So, once again, we have a piece of property that has been subjected to this idea that there's going to be a big road put through it that we now know isn't going to happen, and we can't do anything with the property. So, an approval today, a recommendation for approval today, will put the onus where it belongs on the City of Virginia Beach to make a determination. Do they want the right of way through here or not? How much do they really need? So I'll go back to Dominion Power, the wind energy project has only been around for between five and six years. What did Dominion Power do? They came out to, we need an easement across your property, 140-feet wide, we're gonna pay for you for it. They did just that. It is just, it is, again, I'm the biggest fan of Virginia Beach. I'm born and raised here, and everybody knows, I'm a cheerleader, but this isn't the way you run a railroad. If the city desires to have a 70-foot right of way through here, so that one day or whatever, whatever the right of way width is for that matter. That one day we'll be able to put a two-lane road here, then step up to the plate. But when this road was originally conceived, all this area, interfacility traffic area, et cetera, et cetera most of that did not exist. Almost all of it didn't exist. It wasn't until after the year 2000, the MOU and all the deal with BRAC, that we did all these things to protect, and this perfect timing, you got to hear all about it this morning from Diane Hicks. Okay, that's why this road, that's one of the reasons why this big old road is no longer really necessary, and it's also because there's not going to be much development in the inner facility traffic area other than open space, recreational, etc. So, again, I'm not here to tell you that that road will never be needed, but the chances that most of us will live long enough to see when it's needed is pretty remote. Should the city get some right of way for that potential day? Sure. If they Packet Pg. 275  6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning want it, but you can't tell somebody that's been sitting here. Now, my client hasn't owned this for the entire, you know, 33 years, but the previous owners were saddled with this. It's, again, nothing stopping the city during the subdivision review process that, as we all know with stormwater, will take another year, that they can come in and figure out what, if they want a right of way. No one's going to build a house on these lots if it's where the city wants a right of way and they're willing to make a motion, allocate the money, buy the property for the right of way, but it is not equitable. I don't think it's, frankly, constitutional to sit there and just tell somebody, sorry, you know, you're stuck for the next 50 years. You can't do anything with your property. So I don't think anybody can deny it's a good application, a good project, it's consistent with everything in our comprehensive plan, except for a road that has been on the master transportation plan for 33 years, has now been jettisoned and the city wants some type of road to take its place. Again, the city is perfectly within its rights to, to put that in place, but they've got to come out, step up and do something, and that's what we did last August when we deferred this case. We thought that council would step up and that they would figure out what kind of right of way they want, and deal with it, and so we can move forward. Mr. Alcaraz: Any questions for Mr. Bourdon? Ms. Byler: Mr. Bourdon, you've made your position regarding the road loud and clear. What's your position on the cross city shared use path that is supposed to go through there in one or of two places. Mr. Bourdon: I completely concur. There should be, no one's suggesting that there shouldn't be a multipurpose trail and some landscaping around it. That's why I said 70 feet, because 70 feet's more than enough, because you don't, two lanes of road are 24 feet. You can have nice median, you can have nice landscape, but again, that's really the city's determination, but you certainly don't need 160 feet of right of way for a two-lane road by any stretch of the Packet Pg. 276  6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning imagination and a multipurpose trail. There's also, the Virginia power easement that, you know, none of the property is on, but it comes right up to that, and that's where there also should be a trail, but that has nothing to do with this application, but that's the north south part. If you look at the, what's up there on the far left side, which would be the west side, those two lines that run parallel, and bisect the dotted red lines. That's used to be the railroad line went all the way down to Munden Point Park, and that's an existing easement. In fact, to the north, there is a private road that runs up that was done back before we ever had a subdivision ordinance. It's a road that comes in off of Princess Anne Road right at the access to Princess Anne Meadows, and then comes and goes up to some properties further to the to the northwest, but that has always been for many years, has been in the comp plan to put a trail down it, but some of the neighborhoods, especially to the south, Christopher Farms and all, have opposed that. But we have, again, my client is not trying to stand in the way of the city acquiring a reasonable amount of right of way to include, you know, a trail. He has no issues with that and he has no issues with it coming to his neighborhood whatsoever, but 160 feet of right of way and no effort made to acquire the property for 33 years is, you know, patience has run out. Mr. Byler: Thank you. Mr. Plumlee: Mr. Bourdon, you indicated you took an indefinite deferral and worked with staff in the city to see if there was interest in defining this. I take that to mean, and I ask this question in the informal, has there ever been a motion passed by our legislative body for the road that that public works is talking about to your knowledge? Mr. Bourdon: To my knowledge, no. There's not. To my knowledge, you know, council I was told, was briefed, it's been some time ago, but because it's an acquisition issue. It's in closed session. But council's been briefed about it, and what I heard back was, you know, there's no money. Packet Pg. 277  6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning Mr. Plumlee: I take my oath of office very seriously, when we are asked to defend the Constitution. I went back and read Article 1, Section 11 of our state constitution, which was updated not that long ago when that big case out of Boston came through on a takings, and it says specifically, no more private property may be taken than necessary to achieve the stated purpose, and here, we don't have a defined area that I've heard yet, and we don't have a stated purpose by the authorized legislated body that can perform a taking. So that troubles me. Can you address that? Mr. Bourdon: Can I address that? I think you already have, Mr. Plumlee. I don't think, I can add a lot of substance to what you said. It's, totally my understanding and has been from, you know, for decades. So again, as I said, my advice to our client has been from day one, let's work with the city, you know, let's, you know, we're not trying to get in the way of something that's necessary, but at this point. Mr. Plumlee: But this was the same applicant as of last year? Mr. Bourdon: Right. This has been in process. We've been through the stormwater process. We've been in, yes, we've been in process for this for going on four years and we've tried to give the city, and the city still has opportunity, you know, to acquire, you know, we're not, this doesn't foreclose the city's ability to determine they need X number of feet or right away to do what they wish in the future within this area, including all 160 feet if that's what they want to do, but you can't condemn somebody's property that, you know, just sit there and can't do anything with it. That's our problem, let's just make a decision, not this body, but city council needs to make a decision, but you're absolutely correct, and I'm not, and we're not here, my client's not here trying to threaten anybody, we just, we want to try to be able to have a reasonable use of the property, and put it to reasonable use and in a beneficial way all the way around. Packet Pg. 278  6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning Mr. Alcaraz: All right, thank you. Mr. Parks? Mr. Parks: As an architect, I can appreciate the renderings of the houses, but my concern after hearing the briefing this morning is in the TA and the ITA areas. There is a defined pattern book, and what is being proposed does not seem to be matching the area around it. Mr. Bourdon: Well, this is not in the Interfacility Traffic Area to be clear. The Interfacility Traffic Area is on the west side, southwest side of Princess Anne Road. So this is not in the ITA or Transition Area. Okay, this is good old, you know, Virginia Beach. It's just, it has the AICUZ issue with the noise zone, but it doesn't have anything to do with the Interfacility Area guidelines that Diane was speaking about this morning, and I kind of went through that and didn't make that distinction. It's that, but this road, I may, I brought that into it because the road is designed to provide access from Holland, Princess Anne, and then from Princess Anne, to Salem, and then to Indian River. That's what they want to have. I mean, again, there's no design for a road, and that area isn't going to develop other than a 1 per 15, okay? If any, and it won't be partly any residential, and so that lack of development potential is one of the reasons why they don't need much of a road and it's not going to have carry a lot of traffic, but this piece is not in the ITA, but the road goes through the ITA. Mr. Parks: Understood. Just knowing that area, the design that's going in there, obviously this isn't the body to debate this on. I'm just saying, I don't believe it fits the character of the area it's going into, and again I appreciate the modern design as an architect. I know there's ways to, to do green building, sustainable building, but also make it fit the neighborhood that surrounds it. Mr. Bourdon: Well, the neighborhood that where access is through, this is not in the middle of the neighborhood. It's off on its own, at the end of an existing dead end street, dead end cul-de-sac, because they knew this property was Packet Pg. 279  6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning developable and the developers of the neighborhood actually sold one of the three parcels to my client for this development. So it really does not have, it's not like it's sitting at the entrance of the neighborhood, and you're going through one to get the, it is at the tail end on its own separate cul-de-sac. So it is modern and it is unique, and I don't believe that, I'm not aware of opposition from the folks that you all saw this morning. They're in a totally different neighborhood to the north, so I don't believe that Princess Anne Meadows is opposed to this application because I don't really think it impacts them other than the homes will have cars that drive through their neighborhood to get to Princess Anne Road, but it's really, it is its own little separate enclave. I'm not going to argue that the houses are the same as those in Princess Anne Meadows, but I think if it were somewhere else other than where it is, then it would have a potential impact, but the houses will, again, the houses in Princess Anne, Meadows are wonderful houses and they're not inexpensive. These will not hurt their dollar value assessments. I can assure you that they will because of the circumstance of it to do a homes like these, there's more cost involved and there's going to be a higher sales price. I don't think anybody would argue the contrary. Mr. Alcaraz: Mr. Coston, go ahead. Mr. Coston: I have difficulty with the city holding the property forever and a day now. I lived through the Southeastern Project. My neighborhood was at the beginning of it, and people who had suffered for years building their own homes were moved out of those properties and now we don't need it. So, I'd support this for approval. Ms. Hippen: Mr. Bourdon, I was the sole person that went out and looked at this property on our visit, and when I walked in here, I was dead set against it, but you're one heck of a lawyer, and you made some points to convince me to support it because you're absolutely right, yes there's a propose, but nothing's in stone, and Mr. Plumlee asked the question, and I didn't feel that he got an Packet Pg. 280  6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning answer to the question of has city council voted on this. Now this road that's proposed, okay? Mr. Bourdon: Unless I missed it, and I don't think I did. They have not voted on a replacement road for the Southeastern Parkway and Greenbelt with the exception, because I was there, of the section between Dam Neck and London Bridge for Amazon, yes, but that's, the only section of this road that I'm aware of that they've actually voted on, and that's being built by Amazon and reimbursed the cost of the road by the city, and it's a two lane road. Ms. Hippen: I am going to vote for this, but my only hesitation, and I have to agree with my architect friend that the style of home that's going in there is very different from all the homes all around it. So I just want to interject that, they're really neat looking, don't get me wrong, but I do agree that the city either needs to purchase that land or let him develop it. Mr. Mauch: Could we get clarification from staff about what he just stated, making sure everything is accurate? Ms. Warren: Sure. I will give it my best attempt here and I've got Hank Morrison, that's our comprehensive planning coordinator, but although we have not paid, designed all of that for a new roadway. This segment is part of the existing current master transportation plan, which is part of the comprehensive plan that is currently active. We have not updated either one of those formally yet, so that's just a point of clarification. This is in both of those documents. They have not been changed yet. Ms. Byler: Ms. Warren, when you say they haven't been updated yet, I understand that that means the new road, whichever it will be, and the new shared use path hasn't been exactly laid out yet, correct? But the old preservation of the city maintaining that for the road that we now know won't go in, but still the old protection is still in place. Is it not? Packet Pg. 281  6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning Ms. Warren: Correct. That's right. Ms. Byler: So the city basically didn't need to act until it removes that old protection. Correct? Ms. Warren: Yes. Ms. Byler: Okay. Thank you. I just wanted to make sure there wasn't a gap in time when they have said, all right we're not going to do one, and they've hesitated to indicate what they're going to do. Ms. Warren: No, if you recall too, there was a recent presentation made to City Council where our Public Works Department made a presentation to City Council about the various segments of the Southeastern Parkway, and what segments they wanted to remain in effect, and there are three, and this is one of those. Ms. Byler: Thank you for the clarification. Mr. Mauch: So if this were to go forward, is there an alternative path? Has there been one looked at for the roadway to go through, or would it just be too many properties to kind of navigate through? Ms. Warren: So currently, they're looking at the master transportation plan, and I believe it's only about? Ms. Byler: What percentage complete? Ms. Warren: About 40% complete, so I don't believe that they've come up with any alternative, or if they've been asked to, especially in this area, come up with an alternative path. Packet Pg. 282  6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning Mr. Alcaraz: All right. Clerk is there any opposition to speak? Clerk: No sir. Mr. Alcaraz: I'm just gonna make one little statement. I'm torn with this too because, I mean, we're here to make a recommendation to city council, and we've been brought forth some to us that, I think City Council needs to make a move on. So, I just wanted to say that we're making a recommendation for City Council. Everyone think straight on this and see what you want to do. All right, got a motion? Mr. Plumlee: Yeah, I'll move to recommend this for approval. Let me explain why. We see right here in the staff report, The City Council has acknowledged that there is not a need for construction of the Southeastern Expressway. It states it right in the staff report. Even though it's in the Master Transportation Plan, that means that's been hanging out over the landowner's rights for all these years. We are not a condemning authority. Public Works is not a condemning authority. It is the City Council that is a condemning authority. Our recommendation is does this meet with infill obligations for construction of this nature, yes or no? I think it does. That's what we send up to you. You decide if you want to take it. You know, they indefinitely deferred taking it up there, seeing what they would do, and now we're saying make a decision. That's all. Otherwise, I took an oath of office for this position. I took an oath as an attorney. I'm here to comply with the Constitution, and I don't see how it complies with the Constitution if our legislative body haven't, hasn't clarified this very dicey issue for real people with real ownership interests trying to make housing in a city that desperately needs housing. So, therefore, I move to recommend approval. Mr. Alcaraz: I have a motion by Mr. Plumlee, second by Mr. Coston. Are there any comments before we vote? Packet Pg. 283  6.J.a Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning Clerk: The vote is now open. By a vote of 8:3 Item #6 has been recommended for approval. AYE 8 NAY 3 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler NAY Cromwell NAY Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks NAY Plumlee AYE Packet Pg. 284  6.J.a From: tammy caverly Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning To: Marchelle L. Coleman Subject: Conditional rezoning of 2044 Aloma Dr. Date: Monday, June 10, 2024 7:56:42 PM 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. It has come to my attention that there is talk of building more houses in the woods by my house. I am strongly against this. They have already built new houses and have torn down the woods for the new power lines for the wind turbine project. The animals that used to be back there have lost their houses and have no where to go. How many more houses does the City of Virginia Beach need. We were told those woods were considered wetlands and could not be built on. Since we have bought our home I have noticed an extreme amount of cracks in the foundation and in our streets. Massive sink holes and erosion of storm drains . I can’t help but think one day the houses will all succumb to a sink hole with all the excessive building. Please listen to the residents that are are against this when you make your decisions. Packet Pg. 285  6.J.a Hoa N. Dao Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning From: ajteacher@netzero.net Sent: Tuesday, August 8, 2023 10:54 AM To: Hoa N. Dao Subject: Conditional Rezoning Letter for Adekoje PJ 22001, LLC 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. Subject: Conditional Rezoning Letter for Adekoje PJ 22001, LLC Good Morning, I am writing to voice my opinion on the rezoning matter, as it directly affects me as well as my neighbors. I am NOT in favor of approving this motion and very upset about the prospect of this happening, for many important reasons. One of the biggest reasons I purchased this property was the wooded area. If I knew there was a possibility of having houses built right up behind me, I would not have made the choice of buying this house and property. Additionally, I was assured at the time that the area of your proposed development could NOT be touched or built upon as it is protected wetlands. This greatly informed my final decision to make such an important and pricy purchase. Having come from a more nature- like area in eastern Long Island, NY, it has always been important to me to live in an area where I am not right up against other houses and can enjoy a little nature. It has been disturbing enough with the huge development nearby bordering Princess Anne Road, some of which I can see through the little bit of woods that are left. I have had a family of foxes in and near my yard, raccoons, deer, and other wildlife, which greatly adds to the quality of life living here and is a big part of a healthy ecosystem. The peace I get from the sanctuary of my backyard with the trees and wildlife, especially after a long hard day of work, would be gone. The proven MANY important benefits of trees would be gone when they are torn down. Destroying the few woods that are left would reduce the quality of life for myself and my neighbors and be greatly damaging and detrimental to the environment and ecosystem for years to come. I realize that the city’s decision to want to build more is about money. However, some things are much more important than money. Additionally, while short-term it may mean more money, the long- term harmful consequences could very well cost the city much more in the long-run. I had a choice where to live - I could have lived in Chesapeake or another surrounding city. But being told that wetlands would not be built upon, I thought that Virginia Beach would honor that and put both the environment and the people first. Where I used to live in Long Island, NY (and family still reside), they take every chance possible to PRESERVE both small and big pockets of land, as they understand the great importance and benefits for both the environment and the people that live there. I have both read about this preservation and see it with my own eyes whenever I am up there. We have seen here in Virginia Beach the many detrimental effects of over-building, including flooding in areas that never used to flood. Other than money in the hands of a few people, the impact of building on wetlands would be hugely negative for both the ecosystem and so many people. I am hoping that you truly consider the whole picture before such a consequential decision is made. I implore you to do the right thing. In the past few years, I have been more and more disappointed in 1 Packet Pg. 286  6.J.a the ways Virginia Beach loves tax dollars more than the many, many benefits of trees, the environment, and the people that already live here. I have known many people that have either left, or, some that had considered moving here that changed their mind due to the excessiveness of Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning putting the dollar over the environment and quality of life here. More and more people will NOT move to Virginia Beach if the attitude and approach of tearing down what matters most turns this city into an even more crowded, more traffic-laden, more flooded, nature-less, too expensive place that no one wants to live. People are smart - they observe, they see what is going on, and when they have a choice, they will choose a city where the leaders show they care about all constituents, not just the rich. Please don’t take away the sanctuary of the patch of woods that we have left here. It matters. Thank you for taking the time to read this. The decision you have to make is a big one, and again I am hoping you consider all of the consequences. You have a chance to do the right thing for the city, and a chance to make a big difference in the lives of others. Please help make Virginia Beach a place people want to live in, not want a place people want to move away from. Sincerely, Amy J. Cross Amy J. Cross 2044 Aloma Drive Virginia Beach, Virginia 23453 757-343-9866 2 Packet Pg. 287  6.J.a From: Robo Chop Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning To: Marchelle L. Coleman Subject: Conditional Rezoning AG-1 Agricultural to Conditional R-10 Residential) Date: Monday, June 10, 2024 3:17:51 PM 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. Good evening, I am writing to voice my opinion on this rezoning matter. I am NOT in favor or approving this motion. I enjoy the peace and quiet of the wooded area behind my house and would not like any close neighbors. I have also looked into purchasing this property myself in the past, to avoid this type of situation happening at some point. We enjoy many wild animals that live in this small parcel of woods that is left, after the massive housing complex that has already been built behind us. It is the new 350 home neighborhood built in the area and it seems as if it is just too much developing going on in this area. When we purchased our home in 2001 we were told the wooded area was city property and protected wetlands. This meant to us that there was no chance of further development, which convinced us to purchase our house and live here. We have a nice quiet cul-de-sac and know and trust each of our neighbors. We would not welcome any additional traffic or houses being built in our small neighborhood. I have also performed "woods maintenance" over the years by chopping up fallen trees, protecting turtle nests and other animal activities. I would not enjoy seeing my years of labor being plowed over to make way for more home. The area is already over-developed! Please let me know if I can provide any further information. Thank you so much, Robert Rice 2040 Aloma Dr. 757-617-2767 Packet Pg. 288  6.J.a From: Heather Rice Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning To: Marchelle L. Coleman Subject: Conditional rezoning by 2044 Aloma Drive Virginia Beach Date: Monday, June 10, 2024 2:51:56 PM 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. I am writing with concerns about the rezoning hearing of the property behind my home at 2040 Aloma Drive. When we purchased our home in September 2001, we were told that the land behind us was zoned for agricultural and could not have houses built on it. Recently there has been a development built close to us as well as the clearing of trees for the wind mill turbines project, which has destroyed the homes of most wildlife. The woods behind our home are filled with deer, foxes, ospreys, a bobcat, turtles, squirrels, birds, racoons, opossums, lizards and snakes. By taking away these woods it will take away the homes of these animals. The developers have already displaced so many animals in this area that we must protect what little woods are left. Also, our neighbors back yard is eroding because of the drainage ditch behind their home. By building even more houses back there will take away all of the trees and foliage along with roots which will further erode our back yards.   I would like for the Planning Commission to consider all the wildlife displacement and erosion problems, prior to allowing any further building on this property. It will create the sure deaths of all wild life in this area. I vote to decline the request for rezoning this property. Sincerely, Heather Rice Packet Pg. 289  6.J.a From: Cj Verrett Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning To: Marchelle L. Coleman Cc: CJ Verrett Subject: Rezoning property adjacent to 2032 Aloma Drive Virginia Beach Date: Tuesday, June 11, 2024 4:11:03 PM 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. Greetings, I am writing this email to express my strong opposition to approving the rezoning of this property. I enjoy the peace and quiet of the wooded area behind my house and would not like any close neighbors. I would like to keep the trees to help with land erosion. We enjoy many wild animals that live in this small parcel of woods that is left, after the massive housing complex that has already been built behind us. When we purchased our home in 2003 we were told the wooded area was protected wetlands. This meant to us that there was no chance of further development, which convinced us to purchase our house and live here. We have a nice quiet cul-de-sac and know and trust each of our neighbors. We are not fond of welcoming additional traffic or houses being built in our small neighborhood. I vote to decline the rezoning request of this property. V/R CJ Verrett 2032 Aloma Dr 757-951-7411 Packet Pg. 290  6.J.a From: Brian McGee Attachment: 05_ARF Package for Adekoje PJ 22001, LLC (4047 : Adekoje PJ 22001, LLC (Applicant & Property Owner) Conditional Rezoning To: Marchelle L. Coleman Subject: June 12th Public Hearing on Conditional Rezoning of GPIN 1494389822, 1494389445, 1494480354 Date: Friday, May 31, 2024 10:58:13 AM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, I would like to thank you for the opportunity to have my voice heard regarding the application by Adekoje PJ 22001, LLC to have the parcels West of Bluegrass Lane and East of 2044 Aloma Drive rezoned from AG-1 Agricultural to Conditional R-10 Residential. I have resided in The Woods of Piney Grove neighborhood for thirty years. My wife Lisa and I very much enjoy spending time outside in our yard watching the various wildlife as well the relative tranquility of our neighborhood. We see the occasional river otter, deer, and even wild turkeys form our backyard. In recent years we have seen over 200 acres of wooded area razed for the construction of 80 new homes on Princess Annes Road. After the construction of these new homes the noise level at our home increased dramatically. Because of our proximity to the Municipal Center, fire and police sirens are frequent. The trees that existed prior to the new construction acted as a significant sound buffer to the noise from Princess Anne Road as well as the Amphitheater. With heavy hearts we have been watching many more acres of trees come down to make way for the overhead power transmission lines for the off-shore wind farm. It is devestating to us to see the erasure of nature that we have enjoyed from our home for decades. Planning Commission members, I urge you NOT to allow for the rezoning of this property. The 7.5 acres in question is the last area of refuge for much of our local wildlife and provides a natural sound barrier between our very serene neighborhood and the hustle and bustle of Princieess Anne Road and the Landstown shopping area and Amphotheater. Sincrely, Mr. and Mrs. Brian McGee 3029 Damascus Trail Virginia Beach, VA 23453 Packet Pg. 291  EARTHSCAPES ENTERPRISES, LLC FOR A CONDITIONAL CHANGE OF ZONING FROM B2 COMMUNITY BUSINESS & I-1 LIGHT INDUSTRIAL TO CONDITIONAL I-1LIGHT INDUSTRIAL RE CONSTRUCT A 3-STORY, CLIMATE- CONTROLLED SELF-STORAGE FACILITY, TOTALING 106,800 SQUARE FEET BETWEEN 619 & 623 LONDON BRIDGE ROAD 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. 292  6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EARTHSCAPES ENTERPRISES, LLC [Applicant & Property Owner] Conditional Rezoning (B-2 Community Business & I-1 Light Industrial to Conditional I-1 Light Industrial) for the property located between 619 & 623 London Bridge Road (GPIN 1496970566). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: July 9, 2024  Background: The applicant is requesting to rezone a 1.46-acre parcel from B-2 Community Business and I-1 Light Industrial to Conditional I-1 Light Industrial. The site is located in the greater 75 dB DNL noise zone and the Accident Potential Zone 2 and is in the London Bridge Industrial Park. The applicant proposes to construct a 3-story, climate-controlled self-storage facility, totaling 106,800 square feet. The facility will be accessible for lessees and account holders 24 hours a day, seven days a week, with between 4 and 8 employees anticipated. The concept plan depicts a layout that meets the required street frontage, building foundation, and interior parking lot planting requirements. Parking is met on site and exceeded by six spaces.  Considerations: The proposed conditional rezoning and use of the property is consistent with the surrounding properties, general recommendations in the Comprehensive Plan for this area, and AICUZ restrictions. The property is located in the Special Economic Growth Area (SEGA) 2 – West Oceana. SEGAs are viewed as special areas with significant economic value and growth potential. In Staff’s view and the Planning Commission concurred, the proposed Mini-Warehouse facility is consistent with the Comprehensive Plan’s land use policies for this area and is compatible with the AICUZ ordinance. 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 June 12, 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. 293  6.J.a Earthscapes Enterprises, LLC Page 2 of 3 Proffer 1: When the Property is developed, the vehicular access, landscaping, building Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) locations and setbacks shall be substantially as depicted and described on the exhibits entitled, "PRELIMINARY LAYOUT FOR LANDSCAPE CONTRACTOR BUILDING AND SELF STORAGE FACILITY VIRGINIA BEACH, VIRGINIA", dated 4-11-2022, prepared by SIA (Sheet 1 of 1), and "Landscape Design Earthscapes Office with Bulk Storage Yard (Parcel A-3) and SELF STORAGE (Parcel A-2), Virginia Beach, VA", dated April 4, 2024, prepared by Earthscapes Lawn and Land Service, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Concept Plans"), which are incorporated herein by reference. Proffer 2: When the Property is developed, the buildings depicted on the Concept Plans shall have the architectural design, appearance exterior building materials, height and signage substantially as depicted and described on the elevations and renderings labeled "NEW STORAGE FACILITY FOR ECO STORAGE, LONDON BRIDGE ROAD, VIRGINIA BEACH, VIRGINIA", Sheets A2.0, A2.1 and A2.2 dated 6-29-2022, prepared by Covington Hendrix Anderson Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter the "Elevations") and are incorporated herein by reference. Proffer 3: The storage units shall be used for the storage of goods and items of personal property. As precluded by law, the storage of explosives, petrochemicals, petroleum and petroleum related products shall not be permitted. Proffer 4: The storage units shall not be used for office purposes, as a residence, as a meeting place for activity, or any other purpose which is not consistent with the storage of goods and items of personal property. Proffer 5: This Conditional Rezoning and the Proffers set forth herein shall supersede any conditions contained in any prior Conditional Use Permit which may have been granted upon the subject property. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements.  Attachments: Staff Report and Disclosure Statements Packet Pg. 294  6.J.a Earthscapes Enterprises, LLC Page 3 of 3 Location Map Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 295  6.J.a Applicant & Property Owner Earthscapes Enterprises, LLC Agenda Item 10 Planning Commission Public Hearing June 12, 2024 City Council District 3 Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) Request Conditional Rezoning (B-2 Community Business District & I-1 Light Industrial District to Conditional I-1 Light Industrial District) Staff Recommendation Approval Staff Planner Marchelle Coleman Location Parcel between 619 & 623 London Bridge Road GPIN 1496970566 Site Size 1.46 acres AICUZ Greater than 75 dB DNL; APZ-2 Watershed Chesapeake Bay Existing Land Use and Zoning District Undeveloped lot/ B-2 Community Business, I-1 Light Industrial Surrounding Land Uses and Zoning Districts North Precision Drive Office / I-1 Light Industrial South Quality Court Office, warehouse / I-1 Light Industrial East Office, bulk storage yard/ B-2 Community Business West Office, bulk storage yard / I-1 Light Industrial Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg. 1296  6.J.a Background & Summary of Proposal • The applicant is requesting to rezone a 1.46-acre parcel from B-2 Community Business District and I-1 Light Industrial Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) District to Conditional I-1 Light Industrial District in the London Bridge Industrial Park, west of Naval Air Station Oceana. • Earthscapes Enterprises, LLC is proposing to construct a three-story climate-controlled self-storage facility with a building footprint of 35,600 square feet and a total floor area of 106,800 square feet on this parcel. The building exterior will be comprised of brick veneer and metal panel siding with a proposed height of 44 feet and 5 inches. A Mini-Warehouse (self-storage) facility is classified in the Zoning Ordinance as storage, which is a by-right permitted use in the I-1 Light Industrial District. • Access to the self-storage facility for lessees and account holders of the storage units will be 24 hours a day, seven days per week. Access will be controlled with an approximate number of four to eight employees anticipated to be on site. • The conceptual Landscape Plan depicts the required street frontage, building foundation, and interior parking lot plantings. The conceptual Landscape Plan appears to meet the requirements of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during final site plan review. • As depicted on the conceptual Landscape Plan, an eight-foot-tall composite or vinyl privacy fence with a 10-foot-tall security gate is proposed in the rear of the parking area to screen the loading and unloading area from view of the public right-of-way. For the proposed security gate, a Knox system and a failsafe operation shall be provided for electrically operated gates in the event of power failure, as required for fire department access. More detailed comments from the Fire Marshal’s Office will be provided during final site plan review. • 14 parking spaces are provided. Per the Zoning Ordinance, one space per employee on a working shift is required for a Mini-Warehouse facility. The parking requirement is met and exceeded by six spaces. • The site is located in the greater than 75 dB DNL and Accident Potential Zone – 2 (APZ-2) of the Air Installations Compatible Use Zones (AICUZ) and is encumbered by a Navy Restrictive Easement that limits use of the property to those considered compatible with Naval flight operations. Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg. 2297  6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) 1 Zoning History # Request 1 CUP (Bulk Storage Yard) Approved 12/06/2022 CUP (Bulk Storage and Building Contractor’s Yard) Approved 11/13/1978 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 Evaluation & Recommendation In Staff’s opinion, this request to conditionally rezone the 1.46-acre to Conditional I-1 Light Industrial District to construct a Mini-Warehouse is acceptable. The property is located within the greater than 75 dB DNL noise zone and the APZ-2 surrounding NAS Oceana. The property is also encumbered by a restrictive easement owned by the United States Navy that limits the use and development of the site. The property is also identified in the Comprehensive Plan as being within the Special Economic Growth Area (SEGA) 2 - West Oceana. SEGAs are viewed as special areas with significant economic value and growth potential. The Comprehensive Plan supports development of this area consistent with the City’s AICUZ Ordinance and the City’s economic growth strategy, as preferred uses in the higher noise zones and the accident potential zones tend to be industrial in nature. The proposed self-storage facility is consistent with the Comprehensive Plan’s land use policies for this area, as the majority of the land in the vicinity is zoned for commercial and industrial uses and those uses that are compatible with Naval flight operations. In Staff’s view, the proposed use is compatible with the other industrial uses located within the London Bridge Industrial Park, is deemed a compatible use in the APZ-2 noise zone, and is a low intensity use appropriate for the site. It is the opinion of Staff that the traffic generated by the Mini-Warehouse will result in a total of 155 average daily trips, which is lower than anticipated traffic volumes for other commercial uses permitted by-right in the B-2 Community Business Zoning District. The site is located in the Chesapeake Bay watershed. According to the applicant, underground storage is proposed to address water quality and quantity on site. An in-depth review of the stormwater management strategy will take place during the site plan review process to ensure that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development. Based on these considerations, Staff recommends approval of these applications, subject to the proffers listed below. Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg. 3298  6.J.a Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to “offset identified problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, the vehicular access, landscaping, building locations and setbacks shall be substantially as depicted and described on the exhibits entitled, "PRELIMINARY LAYOUT FOR LANDSCAPE CONTRACTOR BUILDING AND SELF STORAGE FACILITY VIRGINIA BEACH, VIRGINIA", dated 4-11-2022, prepared by SIA (Sheet 1 of 1), and "Landscape Design Earthscapes Office with Bulk Storage Yard (Parcel A-3) and SELF STORAGE (Parcel A-2), Virginia Beach, VA", dated April 4, 2024, prepared by Earthscapes Lawn and Land Service, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Concept Plans"), which are incorporated herein by reference. Proffer 2: When the Property is developed, the buildings depicted on the Concept Plans shall have the architectural design, appearance exterior building materials, height and signage substantially as depicted and described on the elevations and renderings labeled "NEW STORAGE FACILITY FOR ECO STORAGE, LONDON BRIDGE ROAD, VIRGINIA BEACH, VIRGINIA", Sheets A2.0, A2.1 and A2.2 dated 6-29-2022, prepared by Covington Hendrix Anderson Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter the "Elevations") and are incorporated herein by reference. Proffer 3: The storage units shall be used for the storage of goods and items of personal property. As precluded by law, the storage of explosives, petrochemicals, petroleum and petroleum related products shall not be permitted. Proffer 4: The storage units shall not be used for office purposes, as a residence, as a meeting place for activity, or any other purpose which is not consistent with the storage of goods and items of personal property. Proffer 5: This Conditional Rezoning and the Proffers set forth herein shall supersede any conditions contained in any prior Conditional Use Permit which may have been granted upon the subject property. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney’s Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations This site is located within Special Economic Growth Area (SEGA) 2 - West Oceana. SEGAs are viewed as special areas with significant economic value growth potential, with primary consideration being adjacent to NAS Oceana or within the Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg. 4299  6.J.a Interfacility Traffic Area high noise overflight zone. It is recommended that all new or improved development proposals adhere to the City’s AICUZ provisions. Natural & Cultural Resources Impacts Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) The site is located in the Chesapeake Bay watershed. There are no known significant cultural resources associated with this site. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Existing Land Use (vacant 1.46-acre property) – 0 ADT Precision Drive No Data Available 9,900 ADT (LOS “D”) 1 4 Existing Zoning 2 – 515 ADT Proposed Land Use 3 – 155 ADT 1 Average Daily Trips 2 as defined by a 1.46- 3 4 as defined by a Mini-Warehouse LOS = Level of Service acre B-2 zoned & I-1 facility zoned parcel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Precision Drive is an undivided two-lane local industrial street. It is not shown on the MTP Map. No CIP projects are planned for this section of Precision Drive. Public Utility Impacts Water The site is currently connected to City water. There is an existing eight-inch City water main along Precision Drive. The site must connect to City water. Sewer The site is currently connected to City sanitary sewer. There is an existing eight-inch City sanitary sewer gravity main along Precision Drive. The site must connect to City sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 13, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 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 May 24, 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 June 6, 2024. Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg. 5300  6.J.a City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 25, 2024 and July 2, 2024. Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) • 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 June 24, 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 July 5, 2024. Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg. 6301  Proposed Rezoning Exhibit Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg. 7302 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner)  Proposed Conceptual Landscape Plan Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg. 8303 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner)  Proposed Building Elevations Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg. 9304 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner)  Proposed Building Elevations Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg.10305 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner)  Proposed Building Renderings Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg.11306 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner)  Site Photos Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg.12307 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner)  Site Photos Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg.1308 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner)  Disclosure Statement Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg.14309 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner)  Disclosure Statement Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg.15310 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner)  X Disclosure Statement 6/19/2024 Marchelle L. Coleman Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg.16311 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner)  6.J.a Next Disclosure Steps Statement • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Earthscapes Enterprises, LLC Agenda Item 10 PacketPage Pg.17312  6.J.a Production Road Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC I1 Precision Drive I2 ad ge Ro B2 B2 n Brid Londo I1 Quality Court Site Property Polygons Zoning Building Earthscapes Enterprises, LLC Parcel between 619 & 623 London Bridge Road μ Feet Packet Pg. 313 0 30 60 120 180 240 300 360 Packet Pg. 314 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) Packet Pg. 315 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) Packet Pg. 316 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) Packet Pg. 317 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) Packet Pg. 318 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) Packet Pg. 319 6.J.a Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner)  6.J.a Virginia Beach Planning Commission Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) June 12, 2024, Public Meeting Agenda Item # 10 Earthscapes Enterprises, LLC RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: And we have a record on file. Thank you very much. A letter. Okay. Our next item, Item #10, Earthscapes Enterprises. Mr. Bourdon: Again, Eddie Bourdon, Virginia Beach Attorney, representing Earthscapes Enterprises, LLC. Proffered rezoning, part of a B-2, most of it B-2 to I-1, which is in keeping with what we should be doing out there, and greatly appreciate staff's assistance, Marshall especially, in working through some of the issues involving this piece of property. Appreciate being on the consent agenda. Thank you. Ms. Cuellar: Thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Anderson to read this item into the record. Mr. Anderson: Thank you. The applicant is requesting to rezone 1.46-acre parcel from B-2 Community Business District to I-1 light industrial district conditional, I-1 to light industrial to London Bridge Industrial Park west of Naval Air Station Oceana. They proposed to construct a three-story climate-controlled cell storage facility with a building footprint of 35,600 square feet, and a total area of 106,800 square feet. We have not heard any opposition, so we put it on a consent. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Packet Pg. 320  6.J.a Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as Attachment: 06_ARF Package for Earthscapes Enterprises, LLC (4048 : Earthscapes Enterprises, LLC (Applicant & Property Owner) read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 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. 321  CHARLOTTE NECIUK / MICHAEL & CHARLOTTE NECIUK FOR A CONDITIONAL USE PERMIT RE HOME OCCUPATION-COMMERCIAL KITCHEN AT 2733 PLEASANT ACRES DRIVE 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. 322  6.J.a Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & Charlotte Neciuk (Property Owners) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHARLOTTE NECIUK [Applicant] MICHAEL & CHARLOTTE NECIUK [Property Owners] Conditional Use Permit (Home Occupation – Commercial Kitchen) for the property located at 2733 Pleasant Acres Drive (GPIN 1494566908). COUNCIL DISTRICT 2 (Henley) MEETING DATE: July 9, 2024  Background: The applicant is requesting a Conditional Use Permit for a Home Occupation to operate a commercial kitchen in an approximately 170-square-foot area in her home in the Christopher Farms Neighborhood. The applicant intends to produce baby food for sale off site; no customers will come to the property to purchase or pick up products. The applicant and her husband will be the sole operators of the kitchen; no other employees are proposed.  Considerations: The proposed Home Occupation will not change the character of the neighborhood and will not adversely affect adjacent properties as it is a very low-intensity use. All business activities will occur indoors and will be undetectable by passersby and immediate neighbors. As no on-site sales will occur, no adverse traffic impacts are anticipated. The applicant has notified the community’s HOA president and adjacent owners of their request; no objections have been raised. Five letters of support from adjacent neighbors have been provided for 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 June 12, 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 sign identifying the business on the exterior of any building on the property or within the yard of the property. 2. There shall be no retail sales of any products or merchandise to the general public from the site. 3. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or Packet Pg. 323  6.J.a Charlotte Neciuk Page 2 of 2 more frequent extent than would normally be expected in the neighborhood Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & Charlotte Neciuk (Property Owners) under normal circumstances wherein no home occupation exists. 4. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 170 square foot room within the single-family dwelling on the property.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (5) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 324  6.J.a Applicant Charlotte Neciuk Agenda Item 11 Property Owner Michael & Charlotte Neciuk Planning Commission Public Hearing June 12, 2024 Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & Charlotte Neciuk (Property Owners) City Council District 2 Request Conditional Use Permit (Home Occupation – Commercial Kitchen) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 2733 Pleasant Acres Drive GPIN 1494566908 Site Size 10,022 square feet AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling / R-7.5 Residential Surrounding Land Uses and Zoning Districts North BMP / R-7.5 Residential South Pleasant Acres Drive Single-family dwelling / R-7.5 Residential East Single-family dwelling / R-7.5 Residential West Single-family dwelling / R-7.5 Residential Charlotte Neciuk Agenda Item 11 PacketPage Pg. 1 325  6.J.a Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home Occupation to operate a commercial kitchen within Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & Charlotte Neciuk (Property Owners) a single-family dwelling on an R-7.5 Residential District zoned parcel in the Christopher Farms neighborhood. • The commercial kitchen will be approximately 170 square feet and will include four sinks, a sous vide machine, refrigerator, freezer, and prepping stations for the production of baby food. • It is anticipated that no customers will be coming to the site to purchase products, as all products will be sold off site. No signs or advertisements are proposed for the property. • The applicant and her husband will be the sole operators of the kitchen. No other employees are proposed. No Zoning History to Report Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation In Staff’s opinion, the applicant’s request for a Conditional Use Permit to add a commercial kitchen in the single-family dwelling is acceptable. The proposed use is located in the Suburban Area of the city as defined by the Comprehensive Plan. This use will not change the character of the neighborhood and will not adversely affect the surrounding properties, as it is a very low intensity use. All activities of this business will occur indoors and will be undetectable by pedestrians and immediate neighbors, as no on-site sales will occur at the residence. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 657 square feet, thus the 170 square foot commercial kitchen within the home will be below the maximum allowed. As mentioned previously, no on-site sale of the products will occur at the residence. A condition is recommended below to ensure this. If the applicant proposes to expand services offered, a modification of this Conditional Use Permit will be required. The applicant has notified the community’s HOA president and the adjacent neighbors of this request, and no objections were raised. The applicant has provided five letters of support from neighbors in the vicinity. Charlotte Neciuk Agenda Item 11 PacketPage Pg. 2 326  6.J.a Based on the considerations above, Staff finds that the proposed use meets the requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance. The requirements of the Zoning Ordinance and the conditions recommended by Staff are anticipated to further ensure the compatibility of the proposed use and the safety of the neighborhood. As such, Staff recommends approval of the request subject to the conditions below. Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & Charlotte Neciuk (Property Owners) Recommended Conditions 1. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 2. There shall be no retail sales of any products or merchandise to the general public from the site. 3. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 4. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 170 square foot room within the single-family dwelling on the property. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the “Suburban Area.” Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan’s primary guiding principle for the Suburban Area is to create “Great Neighborhoods,” and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Overall, the proposal is consistent with the Comprehensive Plan’s recommendations for this area. Natural & Cultural Resources Impacts The site is located in the 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. Charlotte Neciuk Agenda Item 11 PacketPage Pg. 3 327  6.J.a Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & Charlotte Neciuk (Property Owners) Existing Land Use 2 – 10 ADT Pleasant Acres Drive No Data Available1 9,900 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 10 ADT 1 Average Daily Trips 2 as defined by a single-family 3 4 as defined by a single-family LOS = Level of Service dwelling dwelling with an in-home business Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Pleasant Acres Drive, in the vicinity of this site, is a two-lane local street. There are currently no CIP projects scheduled for this segment of Pleasant Acres Drive. Public Utility Impacts Water There is an existing eight-inch City water main along Pleasant Acres Drive. The site is already connected to City water. The existing 5/8-inch meter may be used or upgraded to accommodate the proposed use. Sewer There is an existing eight-inch City sanitary sewer gravity main along Pleasant Acres Drive. The site is already connected to City sanitary sewer. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Five letters of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 13, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 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 May 24, 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 June 6, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 25, 2024 and July 2, 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 June 24, 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 July 5, 2024. Charlotte Neciuk Agenda Item 11 PacketPage Pg. 4 328  Site Layout Charlotte Neciuk Agenda Item 11 6.J.a PacketPage 329 Pg. 5 Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & Charlotte Neciuk (Property Owners)  Proposed Floor Plan Charlotte Neciuk Agenda Item 11 6.J.a PacketPage 330 Pg. 6 Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & Charlotte Neciuk (Property Owners)  Site Photos Charlotte Neciuk Agenda Item 11 6.J.a PacketPage 331 Pg. 7 Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & Charlotte Neciuk (Property Owners)  Disclosure Statement Charlotte Neciuk Agenda Item 11 6.J.a PacketPage 332 Pg. 8 Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & Charlotte Neciuk (Property Owners)  Disclosure Statement Charlotte Neciuk Agenda Item 11 6.J.a PacketPage 333 Pg. 9 Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & Charlotte Neciuk (Property Owners)  X Disclosure Statement 6/18/2024 Marchelle L. Coleman Charlotte Neciuk Agenda Item 11 6.J.a PacketPage 334 Pg.10 Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & Charlotte Neciuk (Property Owners)  6.J.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & Charlotte Neciuk (Property Owners) 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. Charlotte Neciuk Agenda Item 11 PacketPage Pg.11 335  6.J.a R10 ale Circle Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & F arming d R7.5 R7.5 R7.5 A nt sa ea Pl Morningwood Court cres R7.5 D e AG1 riv R10 O1 R7.5 AG2 Site Property Polygons Zoning Building Charlotte Neciuk 2733 Pleasant Acres Drive μ Feet Packet Pg. 336 0 30 60 120 180 240 300 360  6.J.a Virginia Beach Planning Commission Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & Charlotte Neciuk (Property Owners) June 12, 2024, Public Meeting Agenda Item # 11 Charlotte Neciuk RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Item #11, Charlotte Neciuk. Is there a representative here? Ms. Neciuk: Hi, my name is Charlotte Neciuk, representing myself. I've read all the recommendations from the staff and I accept all of them. It's to make baby food in my home, so. Ms. Cuellar: Yeah, thank you very much. Ms. Neciuk: I do want to take the time to thank Marchelle, who's been incredible throughout this whole process and made it very easy for me. Ms. Cuellar: Oh, we're so delighted to hear that. 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 item into the record. Mr. Cromwell: The applicant is requesting a conditional use permit for a home occupation to operate a commercial kitchen within a single-family dwelling on an R7.5 residential district zone parcel in the Christopher Farms neighborhood. It is anticipated that no customers will be coming to the site to purchase products as all products will be sold off site, no signs or advertisements are proposed for the property. We have five letters of approval and no opposition. So, the commission moves to approve this application. Packet Pg. 337  6.J.a Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the Attachment: 07_ARF Package for Charlotte Neciuk (4049 : Charlotte Neciuk (Applicant) Michael & Charlotte Neciuk (Property Owners) consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 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. 338  LAFLEUR PROPERTIES, LLC FOR A CONDITIONAL USE PERMIT RE TRUCK & TRAILER RENTALS AT 440 SOUTH LYNNHAVEN ROAD 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. 339  6.J.a Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LAFLEUR PROPERTIES, LLC [Applicant & Property Owner] Conditional Use Permit (Truck & Trailer Rentals) for the property located at 440 S Lynnhaven Road (GPIN 1496198422). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: July 9, 2024  Background: The applicant is requesting a Conditional Use Permit for Truck & Trailer Rentals to rent U-Haul trucks and trailers at the Automobile Repair Garage he has operated at 440 S Lynnhaven Road since 1995. The applicant became aware of the need for a Conditional Use Permit for this use upon receiving a Notice of Violation and promptly submitted an application. The applicant proposes to have no more than 3 trucks or trailers on site at any time to be available for rent. The truck and trailer rental operations will occur during the repair garage’s stated hours of operation and will be limited to between 8:30 a.m. to 5:30 p.m., Monday through Friday only. Sufficient parking will be available on site even after the dedication of 3 spaces for use as the Truck & Trailer Rentals display area. The applicant proposes no alterations to their building or site and is requesting a deviation to the 12% display area landscaping requirements for Truck & Trailer Rentals.  Considerations: This property is located in the Suburban Area and is in the greater than 75 dB DNL noise zone of the AICUZ, in which residential uses are considered incompatible. This property has been used continuously since 1963 for automotive repair and service and predates an adjacent apartment development. The addition of truck and trailer rental operations will have a relatively low impact on the current use of the site. There will be no substantial change to the character, activity, or overall use of the property and this corridor. The requested deviation to the display area landscaping requirements is acceptable as the property has sufficient screening and buffering from the adjacent residential use; as much of the usable area of the property is already hardscaped; and as the applicant proposes no changes to the site or the building. 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 June 12, 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. 340  6.J.a LaFleur Properties, LLC Page 2 of 2 Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit 1. No more than three (3) trucks and trailers for rent shall be displayed in the display area as identified on the Concept Plan. 2. Trucks and trailers for rent shall only be displayed in the display area as identified on the Concept Plan. 3. No vehicle, including trailers, shall be parked, loaded, or unloaded within any portion of the public right-of-way. 4. No more than three (3) trucks or trailers for rent shall be located on the site at any one time. 5. Hours of operation for truck and trailer rentals (i.e., rental vehicle pick up and drop off) shall be from 8:30 a.m. to 5:30 p.m., Monday through Friday. No rental operations shall occur on Saturdays or Sundays. 6. No neon lighting visible from the rights-of-way and from any adjoining property shall be permitted to be placed on the Property. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 7. Sale of vehicles shall not be permitted on the site. 8. Display Area landscaping shall not be required. This is a deviation from the Zoning Ordinance.  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. 341  6.J.a Applicant & Property Owner LaFleur Properties, LLC Agenda Item 13 Planning Commission Public Hearing June 12, 2024 Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit City Council District 3 Request Conditional Use Permit (Truck & Trailer Rentals) Staff Recommendation Approval Staff Planner Elizabeth Nowak Location 440 S Lynnhaven Road GPIN 1496198422 Site Size 27,672 square feet AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Automobile Repair Garage / B-2 Community Business Surrounding Land Uses and Zoning Districts North Apartments / A-18 Apartment South Bingo hall / B-1 Neighborhood Business East Bingo hall, apartments / B-1 Neighborhood Business, A-18 Apartment West S Lynnhaven Road Office park / B-2 Community Business LaFleur Properties, Inc. Agenda Item 13 PacketPage Pg. 1342  6.J.a Background & Summary of Proposal Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit • The applicant is requesting a Conditional Use Permit for Truck & Trailer Rentals in order to rent U-Haul vehicles at their automobile repair garage at 440 S Lynnhaven Road. The applicant has rented U-Haul vehicles from their site in the past and submitted an application for a Conditional Use Permit upon receiving a notice of zoning violation. • The property is zoned B-2 Community Business and the applicant has operated an automobile repair garage here since 1995. Prior to the applicant’s use of the property, it was previously used for automotive repair and as an automobile service station. The proposed truck and trailer rentals would be an ancillary service provided at the applicant’s business. • Per Section 242.2(b), no more than three trucks or trailers for rent shall be displayed on site. The applicant’s request is limited to the dedication of three parking spaces on the property for a display area for U-Haul trucks and trailers, as no more than three trucks, trailers, or other rental equipment would be located on site. • Hours of operation for the truck and trailer operations are proposed to be between 8:30 a.m. and 5:00 p.m., Monday through Friday only. The facility will be closed on weekends. The current hours of operation for the automotive repair facility are between 8:00 a.m. and 6:00 p.m., Monday through Friday. The hours of operation for the Automobile Repair Garage will remain the same with this application. • The applicant proposes no alterations to the site or the existing building as part of this application. • The current business employs six people. No additional employees are anticipated with the addition of truck and trailer rentals. • Per Section 203(a)(16), one parking space per every 900 square feet of floor area is required for automobile repair garages. The building on site is approximately 3,175 square feet and requires four parking spaces. The site currently has 17 parking spaces, thereby exceeding the parking requirements. • The property is located in the greater than 75 dB DNL noise level, the highest noise level in the AICUZ. The proposed use is compatible within this noise zone. • Per Section 242.2, trucks and trailers for rental shall be displayed in a designated display area, which are required to meet interior landscape coverage requirements set forth in the landscape screening and buffering requirements of the Zoning Ordinance. The applicant is requesting a deviation to the requirement that 12% of display area for truck and trailer rentals be landscaped as the applicant intends to make no changes to the site and existing hardscaping makes installing plants difficult. LaFleur Properties, Inc. Agenda Item 13 PacketPage Pg. 2343  6.J.a 1 Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit Zoning History # Request 1 CUP (Automobile Service Station) Approved 10/06/2015 2 CUP (Gas Station with Convenience Store) Approved 02/21/1985 2 CUP (Automobile Repair Establishment) Approved 02/08/1995 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation In Staff’s opinion, this request for a Conditional Use Permit for Truck and Trailer Rentals is acceptable. While this property is located in the area defined in the Comprehensive Plan as the Suburban Area, it is also located in the greater than 75 dB DNL noise zone of the AICUZ, which limits uses of this property. Recommendations for non-residential uses in the Suburban Area emphasize compatible and supportive non-residential uses. This property has been used continuously since 1963 for automotive service and repair and predates the residential development immediately adjacent to it. The proposed truck and trailer rental operations at this site will be strictly accessory to the long-time local automotive repair garage, which has rented vehicles here for several years without a proper permit. Given the historical use of the property, it is Staff’s opinion that the addition of Truck and Trailer Rentals will have no substantial change to the character, activity, or overall use of this property. The applicant’s request limits the number of vehicles for rental to a maximum of three and limits the hours of operation for the rentals to typical business hours during the week. While the property has sufficient parking, the layout of the site makes it difficult to maneuver large trucks and trailers, especially when inexperienced, thus staff finds the limitation of the number of rental vehicles that may be on site at any one time to be reasonable. 12% of display areas are required to be landscaped according to Section 5A.4 of the Site Plan Ordinance. The applicant is requesting a deviation to this requirement as it would negatively affect their parking lot layout and the required display area would only be 57 square feet. Staff finds this to be a reasonable request given the relatively small amount of landscaping that would be gained and as the site is adequately screened from the adjacent apartment buildings through existing landscape buffers and fencing. No trip generation data exists for truck and trailer rental facilities. Estimated average daily number of trips (ADT), as cited below in this staff report, for a B-2 Community Business parcel of this size can generate up to 350 ADT. The current use, however, generates an estimated 50 ADT and Staff does not anticipate that the addition of limited truck and trailer rentals will significantly increase traffic to and from this site on a daily basis. Staff recommends approval of this request subject to the conditions and exhibits included in the staff report. LaFleur Properties, Inc. Agenda Item 13 PacketPage Pg. 3344  6.J.a Recommended Conditions Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit 1. No more than three (3) trucks and trailers for rent shall be displayed in the display area as identified on the Concept Plan. 2. Trucks and trailers for rent shall only be displayed in the display area as identified on the Concept Plan. 3. No vehicle, including trailers, shall be parked, loaded, or unloaded within any portion of the public right-of-way. 4. No more than three (3) trucks or trailers for rent shall be located on the site at any one time. 5. Hours of operation for truck and trailer rentals (i.e., rental vehicle pick up and drop off) shall be from 8:30 a.m. to 5:30 p.m., Monday through Friday. No rental operations shall occur on Saturdays or Sundays. 6. No neon lighting visible from the rights-of-way and from any adjoining property shall be permitted to be placed on the Property. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 7. Sale of vehicles shall not be permitted on the site. 8. Display Area landscaping shall not be required. This is a deviation from the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Suburban Area. The primary guiding principle for the Suburban Area is to create and maintain Great Neighborhoods, which seeks compatible non-residential uses to maintain and create neighborhood stability. Proper screening is needed for commercial services adjoining a residential area, such as the existing landscape screening between the applicant’s site and the apartments to the north. The proposed use is compatible with current site operations and is strictly limited. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. It is located outside of the Resource Protection Area and no site improvements are proposed. No historical or cultural resources will be affected by this proposal. LaFleur Properties, Inc. Agenda Item 13 PacketPage Pg. 4345  6.J.a Traffic Impacts/Transportation Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 50 ADT S Lynnhaven Road 10,900 ADT1 31,1000 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 350 ADT 1 Average Daily Trips 2 as defined by a 3,000 square- 3 4 No information available in the LOS = Level of Service foot automobile repair garage ITE Trip Generation Manual for truck and trailer rental facilities. ADT is calculated as defined by 2.9 acres of B-2 zoning. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) S Lynnhaven Road is a four-lane minor urban arterial roadway along the east side of this stie. The are no CIP roadway projects planned for this portion of S Lynnhaven Road. Active Transportation Plan The Active Transportation Plan recommends an eight-foot-wide side path facility in this corridor of S Lynnhaven Road. There is an existing side path facility north of this property on S Lynnhaven Road; the plan calls for an extension through this corridor. Public Utility Impacts This site currently connects to City sewer and water. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 13, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 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 May 24, 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 June 6, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 25, 2024 and July 2, 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 June 24, 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 July 5, 2024. LaFleur Properties, Inc. Agenda Item 13 PacketPage Pg. 5346  Proposed Site Layout LaFleur Properties, Inc. Agenda Item 13 PacketPage Pg. 6347 6.J.a Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit  Site Photos LaFleur Properties, Inc. Agenda Item 13 PacketPage Pg. 7348 6.J.a Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit  Site Photos LaFleur Properties, Inc. Agenda Item 13 PacketPage Pg. 8349 6.J.a Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit  Disclosure Statement LaFleur Properties, Inc. Agenda Item 13 PacketPage Pg. 9350 6.J.a Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit  Disclosure Statement LaFleur Properties, Inc. Agenda Item 13 Packet Page Pg.10351 6.J.a Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit  Disclosure Statement LaFleur Properties, Inc. Agenda Item 13 Packet Page Pg.11352 6.J.a Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit  6.J.a Next Steps Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. LaFleur Properties, Inc. Agenda Item 13 Page Packet Pg.12353  6.J.a Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & R7.5 ach Re R7.5 s v er Ri Lynn B2 have B2 A18 n Ro B2 ad un t R an eas R7.5 R2.5 B1 Ph Site Property Polygons Zoning Building LaFleur Properties, LLC 440 S Lynnhaven Road μ Feet Packet Pg. 354 0 25 50 100 150 200 250 300  6.J.a Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 11 Lee LaFleur RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Our next item is Item #13, LaFleur Properties. Mr. LaFleur:` Thank you. I'm Lee LaFleur, and I'm representing LaFleur Properties, and I would like to say that Elizabeth Nowak has been nothing but fantastic and wonderful in assisting me in this project, and I greatly appreciate her assistance. Ms. Cuellar: Oh, well, thank you so much for sharing that, and are the conditions acceptable to you? Mr. LaFleur: Absolutely. Ms. Cuellar: Okay, thank you very much. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Anderson to read this item into the record. Mr. Anderson: Okay, the applicant is requesting a Conditional Use Permit for Truck and Trailer Rentals in order to rent U-Haul vehicles at the Automobile Repair Garage at 440 South Lynnhaven Road. The applicant has rented U-Haul vehicles from their site in the past and submitted application for a conditional use permit upon receiving notice of zoning violation. Hearing no objections, we put it on the consent. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following Packet Pg. 355  6.J.a Attachment: 08_ARF Package for LaFleur Properties, LLC (4050 : LaFleur Properties, LLC (Applicant & Property Owner) Conditional Use Permit applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 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. 356  VB COMMERCIAL CENTER, LLC FOR A CONDITIONAL USE PERMIT RE BULK STORAGE YARD AT 4944 EUCLID ROAD DISTRICT 4 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 357  6.J.a Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VB COMMERCIAL CENTER, LLC [Applicant & Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 4944 Euclid Road (GPIN 1477134310). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: July 9, 2024  Background: The applicant seeks a Conditional Use Permit for the storage of motor vehicles on this 38,00-square-foot parcel. The site has been used as a commercial parking lot since 2016. Two Notices of Violation were issued for this property for storing salvaged vehicles on site without an approved Conditional Use Permit. Following the second notice of violation in June 2023, the applicant submitted an application for a Conditional Use Permit for a Bulk Storage Yard. No buildings or structures are proposed for the site. The property is located within the Central Village District of the Pembroke Strategic Growth Area (SGA), which envisions a transition from present light industrial uses to a mixed-use, medium-scale style of development. The applicant is seeking several deviations including a reduction in the front yard setback from 35-feet to 25-feet, an increase in the fencing height within the front yard setback from 4-feet to 5-feet, a decrease in the minimum fence height for bulk storage yards, specific to the fencing along Euclid Road to allow for a height of 5-feet instead of 6-feet, and allowance to reuse the existing chain link fence with slats along the northwest property line instead of the privacy fencing typically required. Staff is supportive of the requested deviations since the proposed landscaping and fencing reflect a significant improvement over the existing site conditions.  Considerations: The property falls within the Central Village District of the Pembroke SGA, which calls for the transition of existing light industrial, auto-centric, and bulk storage uses to a mixed-use area with a people-centric focus. However, the proposed Bulk Storage Yard is similar to how the site has been used for the past eight years and is consistent with general uses in the area. As such, staff considers the proposed Bulk Storage Yard to be appropriate as an interim use and is recommending approval of the request for a period of five years, after which a reassessment will be needed to determine if the storage yard is still acceptable with the character of the surrounding area. Packet Pg. 358  6.J.a VB Commercial Center, LLC Page 2 of 3 Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional 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 June 12, 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 site layout shall be in substantial conformance with the submitted concept plan entitled, "Conditional Use Permit Exhibit – 4944 Euclid Road for VB Commercial Center, LLC” dated May 2, 2024, prepared by WPL, which has been exhibited to City Council and is on file with the Department of Planning and Community Development. These are deviations to Sections 201(e), 228, and 902 of the Zoning Ordinance. 2. Within 60 days of City Council approval of this request, the applicant shall submit a Landscape Plan to the Department of Planning and Community Development for review and approval. Said landscaping and screening shall meet the requirements of Section 228 of the Zoning Ordinance, except with the deviation to allow chain-link fence with slats and height of the fence within the required front yard setback as noted on the concept plan entitled, "Conditional Use Permit Exhibit – 4944 Euclid Road for VB Commercial Center, LLC” dated May 2, 2024, prepared by WPL, which has been exhibited to City Council and is on filed with the Department of Planning and Community Development. 3. If any new lighting is proposed, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be submitted for review and approval by the Department of Planning and Community Development. New outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 4. There shall be no sale, storage or processing of scrap, salvage, junk, toxic or hazardous materials on the premises. 5. There shall be no motor vehicle repair work on-site. 6. The loading and unloading of vehicles within the rights-of-way shall be prohibited. 7. This Conditional Use Permit shall expire after five (5) years from the date of City Council action.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Packet Pg. 359  6.J.a VB Commercial Center, LLC Page 3 of 3 Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 360  6.J.a Applicant & Property Owner VB Commercial Center, LLC Agenda Item 7 Planning Commission Public Hearing June 12, 2024 Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional City Council District 4 Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation Approval Staff Planner Hoa N. Dao/Kaitlen Alcock Location 4944 Euclid Road GPIN 1477134310 Site Size 38,000 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant lot / B-2 Community Business Surrounding Land Uses and Zoning Districts North Single-family dwellings / R-7.5 Residential South Euclid Road Mobile Home Park / A-12 Apartment East Single-family dwellings / R-7.5 Residential West Office complex / B-2 Community Business ] VB Commercial Center, LLC Agenda Item 7 PacketPage Pg. 1361  6.J.a Background & Summary of Proposal Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional • The applicant seeks to utilize this 38,000 square feet parcel, zoned B-2 Community Business District, for the storage of motor vehicles, which falls under the classification of a Bulk Storage Yard in the Zoning Ordinance. • The commercial building on this site was demolished in 2009 and the site was utilized as a commercial parking lot since 2016 which is a by-right use on B-2 zoned property. • A Notice of Violation was issued in January of 2022 for operation of a Bulk Storage Yard and storage of salvaged vehicles without a Conditional Use Permit. The applicant rectified the violation by removing all inoperable vehicles from the site, restoring it to a commercial parking lot use. • During a site inspection in June 2023, staff noted that salvaged vehicles were being stored on site and issued a second Notice of Violation for operation of a Bulk Storage Yard without a Conditional Use Permit. The subject application was submitted to rectify the most recent violation. • Distinction between a Bulk Storage Yard vs Commercial Parking Lot: Bulk Storage Yard - A facility for the storage of raw materials, finished goods or vehicles, provided they are in good running order. No sale, storage or processing of scrap, salvage, junk, toxic or hazardous materials is allowed. Commercial Parking Lot - A parcel of land or portion thereof used for the parking or storage of motor vehicles as a commercial enterprise for which compensation is charged independently of any other use of the premises. • There is no building or structure proposed as a part of this application. • The property falls within the Central Village District of the Pembroke Strategic Growth Area (SGA). The proposed use is not consistent with the Comprehensive Plan recommendation for this area, which envisions more people-centric versus auto-centric development. • With this request, the applicant also seeks deviation to the following requirements: o Section 902 – Front Yard Setback: The required front yard setback for B-2 is 35 feet, while the Concept Plan shows a 25-foot front yard setback. o Section 228 – Height of Fencing: Bulk Storage Yards are required to be enclosed by a privacy fence of not less than six feet in height. The Concept Plan shows a fence five feet in height along Euclid Road and a portion of the fence to be chain link with slats where the property abuts the back of the adjacent commercial building to the northwest. o Section 201(e) – Height of Fencing Within Required Front Yard Setback: Fencing located within the required front yard setback must not exceed four feet in height. The Concept Plan shows the fence to be five feet in height within the required 35 feet front yard setback. VB Commercial Center, LLC Agenda Item 7 PacketPage Pg. 2362  6.J.a 3 1 Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional Zoning History 2 # 1 Request CUP (Automobile Repair Garage) Approved 06/19/2018 4 2 CUP (Indoor Recreational Facility) Approved 01/25/2011 CUP (Religious Use - Expansion) Approved 12/14/1993 CUP (Religious Use) Approved 08/28/1993 3 CUP (Religious Use) Approved 04/13/2010 4 CUP (Outdoor Recreational Facility) Approved 03/28/2006 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 site has been used as a commercial parking lot since 2016. The proposed automobile storage yard would operate similarly to how the site has been used for the past eight years; therefore, Staff finds the proposal acceptable. However, the property falls within the Central Village District of the Pembroke SGA, which is envisioned to be an eclectic bohemian neighborhood with a variety of housing typologies and activities, small shops, galleries, and a central park. Since the long-term vision for the SGA is to become more people-centric versus the auto-centric style of development that currently exists, Staff is only supportive of this request as an interim use for a period of five years. Reassessment of the site will need to be completed in five years to determine if the storage yard is still acceptable given the character of the surrounding area. Staff does not anticipate an increase in traffic volume or negative impact to City’s infrastructure based on the proposed use. According to the application materials, motor vehicle inventory from car dealerships and fleet vehicles are stored onsite. In Staff’s view, the deviation requests to the front yard setback, fencing material and fence height are acceptable. The existing site’s condition will be improved with the proposed privacy fence and perimeter landscaping. Based on these considerations, Staff recommends approval of this request as an interim use with the conditions listed below. Recommended Conditions 1. The site layout shall be in substantial conformance with the submitted concept plan entitled, "Conditional Use Permit Exhibit – 4944 Euclid Road for VB Commercial Center, LLC” dated May 2, 2024, prepared by WPL, which has been exhibited to City Council and is on file with the Department of Planning and Community Development. These are deviations to Sections 201(e), 228, and 902 of the Zoning Ordinance. 2. Within 60 days of City Council approval of this request, the applicant shall submit a Landscape Plan to the Department of Planning and Community Development for review and approval. Said landscaping and screening shall VB Commercial Center, LLC Agenda Item 7 PacketPage Pg. 3363  6.J.a meet the requirements of Section 228 of the Zoning Ordinance, except with the deviation to allow chain-link fence with slats and height of the fence within the required front yard setback as noted on the concept plan entitled, "Conditional Use Permit Exhibit – 4944 Euclid Road for VB Commercial Center, LLC” dated May 2, 2024, prepared by Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional WPL, which has been exhibited to City Council and is on filed with the Department of Planning and Community Development. 3. If any new lighting is proposed, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be submitted for review and approval by the Department of Planning and Community Development. New outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 4. There shall be no sale, storage or processing of scrap, salvage, junk, toxic or hazardous materials on the premises. 5. There shall be no motor vehicle repair work on-site. 6. The loading and unloading of vehicles within the rights-of-way shall be prohibited. 7. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. 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 within the Central Village District of the Pembroke SGA. The Central Village District is envisioned to be an eclectic bohemian neighborhood with a variety of housing typologies and activities, small shops, galleries, and a central park (p.33, Pembroke SGA Master Plan). SGAs are intended to be people- centric, work towards complete multimodal transportation systems, and shift to denser, infill and redevelopment where necessary. Staff understands that the current development pattern in the Central Village is more autocentric, but the vision laid out in the Pembroke SGA Master Plan envisions this District as a supporting residential and mixed-use area to Town Center. Therefore, Staff recommends that this project is conditioned to be reevaluated after a five-year period as autocentric uses are viewed as interim uses in Central Village District. Natural & Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. As the site is fully developed with impervious surface, there are no known significant natural or cultural resources associated with the site. VB Commercial Center, LLC Agenda Item 7 PacketPage Pg. 4364  6.J.a Traffic Impacts/Transportation Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2a – 0 ADT 1 Euclid Road 4,880 ADT 12,500 ADT (LOS “D”) 1 4 Existing Zoning 2b – 480 ADT Proposed Land Use 3 – No Data Available 1 Average Daily Trips 2a as defined by a vacant lot 3 4 No information available in the LOS = Level of Service ITE Trip Generation Manual for 2b as defined by a 38,000 sf vehicle storage yard parcel zoned B-2 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Euclid Road in the vicinity of this application is considered a two-lane undivided minor urban arterial. It is not included on the MTP. Active Transportation Plan The Active Transportation Plan calls for protected bike lanes along this portion of Euclid Road. Protected bike lanes, also known as separated bike lanes, have a buffer, either physical or visual, from vehicular traffic. Public Utility Impacts Water & Sewer The proposed use does not required connection to City water or sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 13, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 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 May 24, 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 June 6, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 25, 2024 and July 2, 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 June 24, 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 July 5, 2024. VB Commercial Center, LLC Agenda Item 7 PacketPage Pg. 5365  Proposed Site/Landscape Plan VB Commercial Center, LLC Agenda Item 7 PacketPage Pg. 6366 6.J.a Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional  Site Photos VB Commercial Center, LLC Agenda Item 7 PacketPage Pg. 7367 6.J.a Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional  Site Photos VB Commercial Center, LLC Agenda Item 7 PacketPage Pg. 8368 6.J.a Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional  Disclosure Statement VB Commercial Center, LLC Agenda Item 7 PacketPage Pg. 9369 6.J.a Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional  Disclosure Statement VB Commercial Center, LLC Agenda Item 7 PacketPage Pg.10370 6.J.a Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional  X Disclosure Statement 06/26/2024 Kaitlen Alcock VB Commercial Center, LLC Agenda Item 7 PacketPage Pg.11371 6.J.a Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional  6.J.a Next Steps Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. VB Commercial Center, LLC Agenda Item 7 PacketPage Pg.12372  6.J.a I2 Ojibwa Lane I1 Mandan Road Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC B2 Holland Drive R7.5 B2 m Kla R7.5 d a bw oa ath R Oji cl id Eu B2 Jon e ad D riv Ro ne er as ut La R7.5 O Str A12 eet K R7.5 Ho la m lla Eu R7.5 at nd cl h Co id R Ro oa ur d t ad R7.5 R7.5 R7.5 Site Property Polygons Zoning Building VB Commercial Center, LLC 4944 Euclid Road μ Feet Packet Pg. 373 0 40 80 160 240 320 400 480  6.J.a Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 7 VB Commercial Center, LLC RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Our next item is Item #7, Virginia Beach Commercial Center. Mr. Bourdon: Thank you, Madam Vice Chairman. Eddie Bourdon, Virginia Beach Attorney, representing Virginia Beach Commercial Center, LLC. The seven conditions as recommended in the staff report that Hoa Dao did, and appreciate Kaitlen stepping in, are all acceptable to my client, and we appreciate being on the consent agenda. Ms. Cuellar: Fantastic. Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Byler to read this into the record. Ms. Byler: The property in question is at 4944 Euclid Road. It is part of the Central Village District of the Pembroke SGA. It has been used as commercial parking lot since 2016 that is not anticipated to change. What this essentially will do is to acknowledge that it is a commercial parking lot, and there will be significant amount of landscaping and other improvements to the fencing so as to make it more visually attractive. This is just a five-year permission, and it will be reviewed because ultimately we're hoping that this will be converted to some use that is more in keeping with the Pembroke SGA and is more community centric, but for now it will be an improvement. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following Packet Pg. 374  6.J.a Attachment: 09_ARF Package for VB Commercial Center, LLC (4051 : VB Commercial Center, LLC (Applicant & Property Owner) Conditional applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 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. 375  JIM LUTZ / LULU 1, LLC FOR A CONDITIONAL USE PERMIT RE SHORT-TERM RENTAL AT 915 PACIFIC AVENUE, UNIT D DISTRICT 5 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 376  6.J.a Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JIM LUTZ [Applicant] LULU 1, LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 915 Pacific Avenue, Unit D (GPIN 24272444111080) COUNCIL DISTRICT 5 (Wilson) MEETING DATE: July 9, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a one-bedroom Short Term Rental within the Pacific Place Condominiums. 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 17 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 June 12, 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 915 Pacific Avenue Unit D and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. 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. 377  6.J.a Jim Lutz Page 2 of 4 4. For properties located within the boundaries of the Residential Parking Permit Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term 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. 378  6.J.a Jim Lutz Page 3 of 4 11. All refuse shall be placed in automated refuse receptacles, where provided, Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term 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. 379  6.J.a Jim Lutz Page 4 of 4 Properties may be inspected annually for compliance with the requirements Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term 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. 380  6.J.a Applicant: Jim Lutz Agenda Items Agenda Item Property Owner: Lulu 1, LLC Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term Planning Commission Public Hearing: June 12, 2024 City Council District 5 9 15 Requests Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Garek Hall Hannigan Location 915 Pacific Avenue, Unit D GPIN 24272444111080 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 Jim Lutz Agenda Item 15 PacketPage Pg. 1 381  6.J.a Background & Summary of Proposal Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term 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 May 22, 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 Jim Lutz Agenda Item 15 PacketPage Pg. 2 382  6.J.a  SummaryofProposal TheapplicantsubmittedaConditionalUsePermitrequesttooperateaShortTermRentalonthesubjectsite.The Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term regulationsfortheShortTermRentaluseareidentifiedinSection241.2oftheCityZoningOrdinance.Specificdetails pertainingtothisapplicationarelistedbelow. x NumberofbedroomsintheShortTermRental:1 x Maximumnumberofguestspermittedonthepropertyafter11:00pm:2 x Numberofparkingspacesrequired:1 x NumberofoffͲstreetparkingspacesprovided:1   ZoningHistory # Request 1 CUP(ShortTermRental)Approved06/04/2024 CUP(ShortTermRental)Approved03/19/2024 CUP(ShortTermRental)Approved11/14/2023 CUP(ShortTermRental)Approved08/15/2023 CUP(ShortTermRental)Approved07/11/2023 CUP(ShortTermRental)Approved05/16/2023 2 CUP(ShortTermRental)Approved05/16/2023 CUP(ShortTermRental)Approved06/12/2022 CUP(ShortTermRental)Approved04/05/2022 1 CUP(ShortTermRental)Approved11/09/2021 CUP(ShortTermRental)Approved03/02/2021 CUP(ShortTermRental)Approved10/20/2020 CUP(ShortTermRental)Approved08/25/2020 CUP(ShortTermRental)Approved08/25/2020 CUP(ShortTermRental)Approved06/09/2020 CUP(ShortTermRental)Approved04/06/2020 CUP(ShortTermRental)Approved02/04/2020  2 CUP(ShortTermRental)Approved12/13/2022 CUP(ShortTermRental)Approved12/13/2022 CUP(ShortTermRental)Approved12/13/2022 CUP(ShortTermRental)Approved12/13/2022 CUP(ShortTermRental)Approved12/13/2022  CUP(ShortTermRental)Approved12/13/2022 ApplicationTypes CUP–ConditionalUsePermit MDC–ModificationofConditions STC–StreetClosure SVR–SubdivisionVariance REZ–Rezoning MDP–ModificationofProffers FVR–FloodplainVariance LUP–LandUsePlan CRZ–ConditionalRezoning NON–NonconformingUse ALT–AlternativeCompliance STR–ShortTermRental  Evaluation&Recommendation   TheapplicantisrequestingtooperateatwoͲbedroomShortTermRentalunitwithinthePacificPlaceCondominium building.ShortTermRentalsareprevalentonthispropertywithatotalof17approvedConditionalUsePermitsforthe operationofShortTermRentals. JimLutz AgendaItem15 Page3 Packet Pg. 383  6.J.a There is one assigned parking space associated with this unit in the condominium’s parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term 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 915 Pacific Avenue, Unit D, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short‐Term Rental purposes. 3. Off‐street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4‐1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller’s responsibility to notify the new property owner of requirements ‘a’ through ‘c’ below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue’s Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Jim Lutz Agenda Item 15 PacketPage Pg. 4 384  6.J.a 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. Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term 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. 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. Jim Lutz Agenda Item 15 PacketPage Pg. 5 385  6.J.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 Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term 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 May 13, 2024.  As required by State Code, this item was advertised in the Virginian‐Pilot on Wednesdays, May 29, 2024 and June 5, 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 May 24, 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 June 6, 2024. City Council  As required by City Code, this item was advertised in the Virginian‐Pilot on Tuesdays, June 25, 2024 and July 2, 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 June 24, 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 July 5, 2024. Jim Lutz Agenda Item 15 PacketPage Pg. 6 386  Site Layout & Parking Plan Jim Lutz Agenda Item 15 6.J.a PacketPage Pg. 7 387 Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term  Site Photo Jim Lutz Agenda Item 15 6.J.a PacketPage Pg. 8 388 Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term  Disclosure Statement Jim Lutz Agenda Item 15 6.J.a PacketPage Pg. 9 389 Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term  Disclosure Statement Jim Lutz Agenda Item 15 Page 6.J.a Packet Pg.10 390 Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term  Disclosure Statement Jim Lutz Agenda Item 15 Page 6.J.a Packet Pg.11 391 Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term  6.J.a Next Steps Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term  Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days.  Following City Council’s decision, the applicant will receive a decision letter from Staff.  Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757‐385‐8074.  If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757‐385‐4621 or the Development Liaison Team at 757‐385‐5692.  Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid.  The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Jim Lutz Agenda Item 15 Page Packet Pg.12 392  6.J.a OR OR R5S OR tr eet 0T hS 1 Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) St reet 10Th tic Atlan R5S OR enue R5S ic Av ue Aven OR Pacif A18 OR OR Norfolk S tr eet 9th enue Avenue RT3 tic Av ue RT3 ven ific A Atlan OR Pac R5S Site Property Polygons Zoning Building Jim Lutz 915 Pacific Avenue, Unit D μ Feet Packet Pg. 393 0 25 50 100 150 200 250 300  JIM LUTZ STR VICINITY MAP Packet Pg. 394 6.J.a Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner)  6.J.a Virginia Beach Planning Commission Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term June 12, 2024, Public Meeting Agenda Item # 15 Jim Lutz RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Madam Clerk, by any chance is application for Agenda 15 on? Clerk: She is not. Ms. Cuellar: She is not. Clerk: No. Ms. Cuellar: Although the applicant's not with us, we have reviewed this application. It's a conditional use permit for a short-term rental. It meets all the requirements for a short-term rental at the oceanfront, and hearing no opposition, I've asked Commissioner Byler to read this into the record. Ms. Byler: This is for property at 915 Pacific Avenue, Unit D. It is an application for a short-term rental. There are many other short term rentals already in that building. They’re prevalent throughout the property. I think there are 16 already approved. There is one assigned parking place associated with the unit, and all conditions seem acceptable based on the considerations above and staff recommended approval as well as the conditions. It is appropriate for the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Packet Pg. 395  6.J.a Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as Attachment: 10_ARF Package for Jim Lutz (4052 : Jim Lutz (Applicant) Lulu 1, LLC (Property Owner) Conditional Use Permit (Short Term read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 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. 396  JEFF JAGLOWICZ FOR A CONDITIONAL USE PERMIT RE SHORT-TERM RENTAL AT 304 28TH STREET, UNIT 103 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. 397  6.J.a Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JEFF JAGLOWICZ [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 304 28th St, Unit 103 (GPIN 24280028661003). COUNCIL DISTRICT 6 (Remick) MEETING DATE: July 9, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom unit of the Playa Rana Condominiums located at 304 28th St, Unit 103. A zoning complaint was made on February 26, 2024, 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 Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of 10 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 June 12, 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 103, and the Short Term Rental use shall only occur in the principal structure. Packet Pg. 398  6.J.a Jeff Jaglowicz Page 2 of 4 2. An annual (yearly) STR Zoning Permit must be obtained from the Department Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term 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. 399  6.J.a Jeff Jaglowicz Page 3 of 4 10. There shall be posted in a conspicuous place within the dwelling a summary Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term 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. 400  6.J.a Jeff Jaglowicz Page 4 of 4 performed by the short term rental management company and be documented Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term 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. 401  6.J.a Applicant and Property Owner: Jeff Jaglowicz Agenda Item Planning Commission Public Hearing June 12, 2024 Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term City Council District 6 16 Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Garek Hall Hannigan Location 304 28th Street, Unit 103 GPIN 24280028661003 Site Size 53,138 square feet 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 Jeff Jaglowicz Agenda Item 16 PacketPage Pg. 1 402  6.J.a Background & Summary of Proposal Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term 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, there is a past zoning violation from February 26, 2024, for the advertising of a Short Term Rental without a Conditional Use Permit. Additionally, the last known rental of this property was in September of 2023. The property owner has since removed the advertisements for this unit, has ceased the short term rental of this 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 the 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 May 22, 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 Jeff Jaglowicz Agenda Item 16 PacketPage Pg. 2 403  6.J.a    Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term SummaryofProposal TheapplicantisrequestingaConditionalUsePermittooperateaShortTermRentalonthesubjectsite.Theregulations forShortTermRentaluseareidentifiedinSection241.2oftheCityZoningOrdinance.Specificdetailspertainingtothis applicationarelistedbelow. x NumberofbedroomsintheShortTermRental:2 x Maximumnumberofguestspermittedonthepropertyafter11:00pm:4 x Numberofparkingspacesrequired(historicalexemptionmade):1 x NumberofoffͲstreetparkingspacesprovided:1  ZoningHistory # Request 1 CUP(ShortTermRental)Approved06/04/2024 CUP(ShortTermRental)Approved03/19/2024 CUP(ShortTermRental)Approved07/06/2021 CUP(ShortTermRental)Approved06/01/2021 1 CUP(ShortTermRental)Approved06/01/2021 CUP(ShortTermRental)Approved04/07/2021 CUP(ShortTermRental)Approved10/20/2020 CUP(ShortTermRental)Approved10/20/2020 CUP(ShortTermRental)Approved09/08/2020  CUP(ShortTermRental)Approved09/08/2020  ApplicationTypes CUP–ConditionalUsePermit MDC–ModificationofConditions STC–StreetClosure SVR–SubdivisionVariance REZ–Rezoning MDP–ModificationofProffers FVR–FloodplainVariance LUP–LandUsePlan CRZ–ConditionalRezoning NON–NonconformingUse ALT–AlternativeCompliance STR–ShortTermRental  Evaluation&Recommendation  TheapplicantisrequestingtooperateatwoͲbedroomShortTermRentalwithinthePlayaRanaCondominiumbuilding. ShortTermRentalsareprevalentonthispropertywithatotalof10approvedConditionalUsePermitsfortheoperation ofShortTermRentals.  Thereisoneassignedparkingspaceassociatedwiththisunitinthecondominium’sparkinglot.AccordingtotheCityof VirginiaBeachZoningOrdinance,AppendixA,Article23,Section2303,(b),a.,ii.,“Therearecertaincondominium propertiesthathavehistoricallyoperatedasshorttermlodgingunitsandhavenotexperiencedanyinconvenienceto guestsorthesurroundingareawithouttherequiredone(1)parkingspaceperbedroom.Further,suchpropertiesare unabletoprovidetherequiredparkingonͲsite.Forthesecondominiumproperties,theZoningAdministratormay,athis discretion,requireone(1)parkingspaceperdwellingunitsimilartotherequirementforlodgingusesintheOceanfront JeffJaglowicz AgendaItem16 Page3 Packet Pg. 404  6.J.a 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 Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term 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. While the unit was previously advertised and utilized illegally 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 103, 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. Jeff Jaglowicz Agenda Item 16 PacketPage Pg. 405  6.J.a 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. Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23‐69 through 23‐71 (noise), 31‐26, 31‐27 and 31‐28 (solid waste collection), 12‐5 (fires on the beach), 12‐43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31‐26, 31‐27 and 31‐28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on‐site, except that each short term rental shall have one (1) four‐square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Jeff Jaglowicz Agenda Item 16 PacketPage Pg. 5 406  6.J.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 Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term 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 May 13, 2024.  As required by State Code, this item was advertised in the Virginian‐Pilot on Wednesdays, May 29, 2024 and June 5, 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 May 24, 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 June 6, 2024. City Council  As required by City Code, this item was advertised in the Virginian‐Pilot on Tuesdays, June 25, 2024 and July 2, 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 June 24, 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 July 5, 2024. Jeff Jaglowicz Agenda Item 16 PacketPage Pg. 6 407  Site Layout & Parking Plan Jeff Jaglowicz Agenda Item 16 6.J.a PacketPage Pg. 7 408 Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term  Site Photo Jeff Jaglowicz Agenda Item 16 6.J.a PacketPage Pg. 8 409 Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term  Disclosure Statement Jeff Jaglowicz Agenda Item 16 6.J.a PacketPage Pg. 9 410 Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term  Disclosure Statement Jeff Jaglowicz Agenda Item 16 Page 6.J.a Packet Pg.10 411 Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term  X Disclosure Statement 6/25/2024 Garek Hall Hannigan Jeff Jaglowicz Agenda Item 16 Page 6.J.a Packet Pg.11 412 Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term  6.J.a Next Steps Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term  Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days.  Following City Council’s decision, the applicant will receive a decision letter from Staff.  Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757‐385‐8074.  If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757‐385‐4621 or the Development Liaison Team at 757‐385‐5692.  Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid.  The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Jeff Jaglowicz Agenda Item 16 Packet Page Pg.12 413  6.J.a OR OR OR nue Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) c Ave OR Str eet Arcti 28th nue c Ave Str eet OR Pacifi 28th OR OR OR OR St r eet A12 S tr eet alf 27th enue H A36 27th A12 ic Av Street OR R5S 7 th Pacif e t 2 7t h Stre OR 2 P1 A12 R5S A12 OR OR Site Property Polygons Zoning Building Jeff Jaglowicz 304 28th Street, Unit 103 μ Feet Packet Pg. 414 0 25 50 100 150 200 250 300  JEFF JAGLOWICZ STR VICINITY MAP Packet Pg. 415 6.J.a Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner)  6.J.a Virginia Beach Planning Commission Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term June 12, 2024, Public Meeting Agenda Item # 16 Jeff Jaglowicz RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: So we'll go on to the next agenda Item, #16, which is Jeff Jaglowicz. Is there a representative here representing agenda Item #16? This application is a short term rental. There are no letters of opposition and it meets the requirements for it to become a short term rental. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Plumlee to read this into the record. Mr. Plumlee: Briefly, this is a short-term rental application at 304 28th Street, Unit 103. There are a number of short-term rentals at this location. Our amazing staff has checked all the boxes to make sure it comports with all the ordinance requirements, and therefore, there's no objection to it being placed on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Packet Pg. 416  6.J.a Attachment: 11_ARF Package for Jeff Jaglowicz (4053 : Jeff Jaglowicz (Applicant & Property Owner) Conditional Use Permit (Short Term Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 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. 417  GREEN CLEAN HOLLAND. LLC / ALP & ALEX ASLAN FOR A CONDITIONAL USE PERMIT RE CAR WASH FACILITY AT 4245 HOLLAND ROAD DISTRICT 10 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 418  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREEN CLEAN HOLLAND, LLC [Applicant] ALP & ALEX ASLAN [Property Owners] Conditional Use Permit (Car Wash Facility) for the property located at 4245 Holland Road (GPIN 1476963446). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: July 9, 2024  Background: The applicant is requesting a Conditional Use Permit to adapt an existing, vacant former Rite-Aid building for use as a Car Wash Facility. The subject property is located in the Timberlake Shopping Center and under the Timberlake Land Use Plan and is subject to the B-2 Community Business use table. The applicant’s intent is to make minor alterations to the exterior of the building, including the removal of the “Rite-Aid” gables, removal of the drive-thru canopy and drive-thru lane, and addition of overhead garage doors to accommodate vehicular ingress/egress. The adaptation would occur entirely within the building envelope. The applicant is also proposing 17 exterior vacuum stations, 8 interior vacuum stations, a new sidewalk to connect pedestrians from Holland Road to the interior of the Timberlake Shopping Center, and enhanced landscaping.  Considerations: While the proposed reuse of this building is innovative and though the concept plan improves existing site landscaping, the overall use and proposal do not conform to recommendations in the Comprehensive Plan. The subject property has a prominent location at the southwest corner of the intersection of Holland Road and S Plaza Trail. The northern and eastern corners are already auto-centric uses— an automobile service station and a drive-thru restaurant respectively—and the addition of a Car Wash Facility would commit three of the four corners almost exclusively to auto-oriented businesses. The Comprehensive Plan identifies this area as being part of the Suburban Area and calls for complementary non-residential uses at edges of residential areas to provide goods, services, and employment to nearby residents. While car washes can be considered a complementary non-residential use, they are also strictly auto-centric and auto-dependent. This area is further identified in the recently adopted Commercial Area Pattern Book (CAPB) as an aging shopping center that is ripe for redevelopment as a mixed-use center. Specifically, the CAPB recommends outparcels of shopping centers like the Timberlake Shopping Center to be redeveloped as “the face of the development and (extension of) the neighborhood” in which is located. This proposal will reuse a building, but it does Packet Pg. 419  6.J.a Green Clean Holland, LLC Page 2 of 3 Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] not meet these recommendations for mixed-use, pedestrian-oriented redevelopment. Sustainable redevelopment goes beyond merely reusing a building, especially when that reuse is dedicated to the continued service of automobiles. Lastly, the Holland Road Phase I CIP project is approved for this area of Holland Road to reconfigure the roadway into a 6-lane superstreet. It will also add a continuous 5-foot-wide sidewalk on both sides of Holland Road, LED streetlights, and bus shelters. The project has not entered the design phase yet; it is uncertain at this time if/how the project could affect this property and its access on Holland 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.  Recommendation: On May 8, 2024, the Planning Commission passed a motion to recommend denial of this request by a vote of 8 to 3. If the City Council chooses to approve the request, Staff recommends the following conditions: 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled “Carwash Concept Virginia Beach, VA”, prepared by Kimley-Horn, and dated 4/1/2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled “Green Clean Express Auto Wash-4247 Holland Road, Virginia Beach, VA” prepared by SBA Studios, and dated 4/9/2024, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. Packet Pg. 420  6.J.a Green Clean Holland, LLC Page 3 of 3 Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 11. The applicant shall be responsible for installation of five-foot wide sidewalks along the property lines fronting Holland Road and S Plaza Trail.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Denial. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 421  6.J.a Applicant Green Clean Holland, LLC Agenda Item 5 Property Owners Alp & Alex Aslan Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] Planning Commission Public Hearing May 8, 2024 City Council District 10 Request Conditional Use Permit (Car Wash Facility) Staff Recommendation Denial Staff Planner Elizabeth Nowak Location 4245 Holland Road GPIN 1476963446 Site Size 1.38 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant commercial building / PD-H1 Planned Unit Development Surrounding Land Uses and Zoning Districts North Holland Road Shopping center, gas station / B-2 Community Business South Shopping center / PD-H1 Planned Unit Development East S. Plaza trail Apartments / PD-H1 Planned Unit Development West Shopping center / PD-H1 Planned Unit Development Green Clean Holland, LLC Agenda Item 5 PacketPage Pg. 1 422  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to develop a Car Wash Facility on a 1.38-acre outparcel of the Timberlake Shopping Center. The property is in an area identified in the Timberlake Land Use Plan as a commercial use. As this total area is greater than three acres, the B-2 Community Business use table governs uses for this commercial area and identifies Car Wash Facilities as a conditional use. • A Rite Aid Pharmacy was constructed on this outparcel in 1999 and operated here until 2023 when the store was closed. The applicant is proposing to reuse the existing building for the car wash. While some modifications will be made to the building to accommodate the new automated car wash tunnel and to rebrand the building, they will occur within the existing dimensions of the building (see the proposed site layout on page 7 of this report). • Minor changes are proposed to the existing building to include removal of the existing canopy associated with the former drive thru pharmacy and a redesign of the branded gable element of the Rite Aid building on the north and east elevations to include a flat roof indicative of Green Clean’s modern aesthetic. The building will also be repainted with dark neutral tones and the north and east elevations will be broken up by engineered wood paneling. • Overhead doors for vehicular access will be installed along the north and east elevations. The primary entrance and one exit to the tunnel will be located on the north end of the building, facing Holland Road. Customers will have an option to exit the facility through the east elevation (facing S. Plaza Trail) or to continue through the building to access eight vacuum stations located inside the facility and then to exit back out the north elevation. • In addition to the vacuums inside the building, the applicant proposes an additional 17 vacuums on the east side of the building. These will be central turbine vacuums, black in color, with no overhead canopy. There are two vacuum equipment pads proposed at the southern end of each row of vacuum stations; the pads will be screened on three sides with ornamental shrubs. • There is an existing monument-style sign at the corner Holland Road and S. Plaza Trail that the applicant plans to reuse. The sign face will be replaced as shown in the exhibit on page 8 of this report. The existing hedgerow will be removed and required landscaping will be installed. • Section 228.1 of the Zoning Ordinance requires a minimum of three parking spaces for each car wash space within the facility. Five parking spaces are proposed on the concept plan, meeting the parking requirement. One of the vacuum spaces is designed to be ADA-accessible. • The existing dumpster area at the southern edge of the parcel will be reused. It is screened with a masonry wall on three sides with a gate on the fourth. Landscaping will be installed on three sides as required in the Zoning Ordinance. Green Clean Holland, LLC Agenda Item 5 PacketPage Pg. 2 423  6.J.a 2 Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] Zoning History # Request 1 MDP Approved 06/18/2019 1 2 LUP Approved 11/19/1981 CUP (Tattoo Parlor) Approved 10/17/2017 CUP (Indoor Recreational Facility) Approved 04/05/2016 CUP (Indoor Recreation) Approved 07/03/2012 CUP (Motor Vehicle Rentals) Approved 08/14/1996 3 3 LUP Approved 11/19/1981 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 Car Wash Facility is an inappropriate use for this prominent corner along the Holland Road corridor. The Comprehensive Plan identifies this area as being part of the Suburban Area, which recommends the development of Great Neighborhoods, which are identified as areas that balance residential neighborhoods with complementary non-residential uses. While Car Wash Facilities can be considered a complementary non-residential use, they are an auto-oriented and auto-dependent use. The Timberlake Shopping Center is further identified in the 2023 Commercial Area Pattern Book (CABP) as an aging shopping center with dense mixed-use redevelopment potential. Specifically, the CABP recommends outparcels of large shopping centers like Timberlake Shopping Center be redeveloped as “the face of the development and (extension of) the neighborhood” in which it is located. Developing an automated car wash on the shopping center’s most prominent corner in a section of Holland Road with several shopping centers with similar redevelopment potential continues to entrench auto-oriented design and use in this corridor. Car washes by their nature do not activate the pedestrian zone; as a potential catalyst site for Timberlake Shopping Center, adjacent commercial parcels, and the immediate residential neighborhoods, this outparcel has the potential to be a leader for how the general character of the area will evolve or if it will remain static. While Staff believes the proposed use does not conform with recommendations in the Comprehensive Plan, Staff does acknowledge that the proposal is an innovative reuse of an existing building and that the proposed concept plan improves existing site landscaping. Adaptive reuse, such as what the applicant proposes, is a highly beneficial redevelopment strategy as it is less impactful on the environment and helps maintain the character of an area. The redesign of the elevations removes much of the branding of the current building from a standard “Rite Aid” building design and introduces some color contrast that reduces the scale of the building. The concept landscaping plan is robust and will add trees and large shrubs where many do not currently exist, including trees to parallel an existing pedestrian access at the southern edge of the outparcel and along a newly proposed sidewalk connecting Holland Road with the interior of the shopping center. Existing street trees will remain where possible and will be replaced with new if they cannot. By closing an existing drive thru lane along the building’s west elevation and by introducing a sidewalk with a verge on either side, the applicant has reduced existing impervious cover on the property and created additional green space. Green Clean Holland, LLC Agenda Item 5 PacketPage Pg. 3 424  6.J.a The proposed reuse and redesign would improve some existing conditions of this outparcel, but this site would be better suited for a non-auto-oriented use. Apartments east of the site across S. Plaza Trail will look directly out onto the facility and its vacuum stations. The two corner lots on the north side of Holland Road are developed with a gas station and a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] drive-thru restaurant. Expanding this pattern to this property may lead to further erosion of people-centered redevelopment potential. With these considerations, Staff recommends denial of this application. Noting, however, the quality of the reuse proposal, Staff has included a list of recommended conditions should Planning Commission find this to be an appropriate use for this site. Recommended Conditions 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled “Carwash Concept Virginia Beach, VA”, prepared by Kimley-Horn, and dated 4/1/2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled “Green Clean Express Auto Wash-4247 Holland Road, Virginia Beach, VA” prepared by SBA Studios, and dated 4/9/2024, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 11. The applicant shall widen the sidewalks on Holland Road and S. Plaza Trail that parallel the subject property to a minimum width of five feet. This shall be reviewed as part of the site plan review process. Green Clean Holland, LLC Agenda Item 5 PacketPage Pg. 4 425  6.J.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: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This project falls within the Suburban Area as defined in the Comprehensive Plan. The Suburban Area’s guiding principle of maintaining “Great Neighborhoods” calls for complementary non-residential uses at edges of residential areas to provide goods, services, and employment to nearby residents. Timberlake Shopping Center is also identified in the Commercial Area Pattern Book (CAPB) as an Inland Character Area (“Holland Road to S. Independence Boulevard”). The CAPB calls for redevelopment of these areas to focus on improving pedestrian access and circulation of the centers, as well as supporting multiple modes of transit to the area. Outparcels should be redeveloped with strong anchors like mixed-use buildings and other key neighborhood-oriented uses that promote community resiliency. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and is located outside the Resource Protection Area. A portion of the property is located in the Special Flood Hazard Area, AE flood zone; however, the proposed improvements are located outside the AE flood zone. Should any equipment or structures be located in the AE flood zone, they will be required to meet the requirements in Appendix K, Floodplain Ordinance. There are no historical or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 37,000 ADT1 32,700 ADT (LOS 4 “D”) Existing Land Use 2 – 1,400 ADT Proposed Land Use 3 – 500 ADT S. Plaza Trail 10,040 ADT 32,700 ADT (LOS “D”) 1 Average Daily Trips 2 as defined by a 13,000 square- 3 4 as defined by an automated car LOS = Level of Service foot pharmacy with drive-thru wash with one tunnel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) In the vicinity of this application, Holland Road is considered a four-lane divide minor urban arterial. The Holland Road Phase I CIP project is approved for this area of Holland Road. It will reconfigure Holland Road as a six-lane superstreet by adding through lanes in both directions from S. Independence Boulevard to S. Plaza Trail and by installing Restricted Crossing U-Turn. The project will also include continuous five-foot wide sidewalk on both sides of Holland Road and installation of LED streetlights and bush shelters at the four existing bus stops. Construction of Holland Road Phase I is scheduled to begin in 2031. Green Clean Holland, LLC Agenda Item 5 PacketPage Pg. 5 426  6.J.a S. Plaza Trail in the vicinity of this application is considered a four-lane divided minor suburban arterial with an existing 80-foot wide right-of-way. The MTP proposes a four-lane facility within a 115-foot right-of-way. Currently, there are no Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] CIP projects to upgrade this roadway. Public Utility Impacts Water There is an existing 8-inch city water main encroaching through the adjacent property within Public Utility Easements. The existing 8-inch city water main through the adjacent property connects to the 16-inch City transmission main along Holland Road. The site currently connects to City water. Sewer There is an existing 8-inch which transitions to a 10-inch city sanitary sewer gravity main encroaching through the adjacent property within a Variable Width Public Utility Easement. The sanitary sewer main within the property connects to the 8-inch city main along Spence Circle. The site currently connects to City sewer. 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, June 25, 2024 and July 2, 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 June 24, 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 July 5, 2024. Green Clean Holland, LLC Agenda Item 5 PacketPage Pg. 6 427  Proposed Site Layout Green Clean Holland, LLC Agenda Item 5 PacketPage 428 Pg. 7 6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners]  Proposed Signage & Dumpster Enclosure Green Clean Holland, LLC Agenda Item 5 PacketPage 429 Pg. 8 6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners]  Proposed Vacuums Green Clean Holland, LLC Agenda Item 5 PacketPage 430 Pg. 9 6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners]  Proposed Pay Stations Green Clean Holland, LLC Agenda Item 5 Packet Page 431 Pg.10 6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners]  Site Photos Green Clean Holland, LLC Agenda Item 5 Packet Page 432 Pg.11 6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners]  Site Photos Green Clean Holland, LLC Agenda Item 5 Packet Page 433 Pg.12 6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners]  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 434 Pg.13 6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners]  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page Pg.1435 6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners]  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 436 Pg.15 6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners]  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 437 Pg.16 6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners]  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 438 Pg.17 6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners]  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 439 Pg.18 6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners]  6.J.a Next Steps Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Green Clean Holland, LLC Agenda Item 5 Page Packet Pg.19 440  6.J.a A12 B2 Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Ho il O2 lla nd Pl Ro az aT ad ra A12 B2 PDH1 PDH1 Pl az Ma Hol tc lan aT h ra Po d R il in o t D ad Ac riv eC e Pl ou A12 az r aT t PDH1 ra il PDH1 PDH1 Site Property Polygons Zoning Building Green Clean Holdings, LLC 4245 Holland Road μ Feet Packet Pg. 441 0 30 60 120 180 240 300 360  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 5 Green Clean Holland LLC RECOMMENDED FOR DENIAL Clerk: Agenda Item Number 5 Green Clean Holland, LLC is a request for a Conditional Use Permit for a Car Wash Facility at 4245 Holland Road in District 10. Mr. Alcaraz: Sir, if you can come up. Are you both going to speak? Clerk: They're both with the applicant. Mr. Alcaraz: Yeah, well, I'll hear him and then you because you got to state your name, if that's okay. Greg Schmidt/Kimley Horn: Greg Schmidt with Kimley Horn. We are the agent representing. Green Clean Holland LLC. I do want to start by thanking planning staff for giving us a fair analysis of the benefits that this project does provide even though the negative recommendation for denial. I do want to talk a little bit about Green Clean and what that company is. It started as a local family-owned-business and is still 100% locally operated with the main point of contact managing all the day-to-day operations of the car washes that they own within Hampton Roads. Green Clean provides a wide range of services from single washes to memberships, to fleet services. They also focus on giving back to the communities in which they serve. They have a Green Clean Cares program that offers grant application opportunities that offers fund raising, and donation opportunities to give back to the communities in which they serve. Green Clean does operate a number of car washes within the City of Virginia Beach, and I highlight that to say that in each and every site that they have developed, they have taken away a vagrant structure or a vacant structure, and they've redeveloped it into something that is more modern, and more relevant to the Packet Pg. 442  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] customers that they serve. Some of those include a vacant bank that sat vacant for many years on Virginia Beach Boulevard, a dilapidated gas station on Shore Drive, and an old self-serve car wash on south Military Highway. They always strive to be a good neighbor, and with each and every of those redevelopment sites, they have worked closely with staff to identify the specific architectural needs, landscaping needs, and site development needs for that specific area of the city. You know, I want to dive into. I have been asked many times what Green Clean means, and I think there is a misconception about car washes, and their environmental impacts, but in all reality the Green Clean motto and the way these car washes operate is they prevent soaps from getting in the storm drain system, they reclaim water, and ultimately, they provide a better site than the ones that they've previously inhabited. Very different from most of us who might be washing our cars in their driveway. What we are presenting here before the commission today, is an Adaptive Reuse. This is a development opportunity that sets Green Clean apart from their peers in the carwash industry. They are working to take the existing Rite Aid building at the corner of South Plaza and Holland, keeping the building guts, and converting it into an automated car wash tunnel, which will also feature interior vacuum spaces, and it will also have exterior vacuum spaces that will be free to the community around it. I do want to talk about the existing site a little bit. It was built in 1999 as a prototypical Rite Aid Pharmacy. There is no existing connectivity for pedestrians to the building itself or the Timberlake Shopping Center behind it. It also features dated architecture, unmaintained landscaping, and is currently uninhabited. What this adaptive reuse project does offer to the city is an opportunity to see improved vegetation with the proposed Enhanced Landscape Plan, additional shared pedestrian connectivity to Timberlake Shopping Center. The addition of landscaping and canopy trees along the sidewalk to the south to Timberlake as well the proposed sidewalk with this project. It also features enhanced architecture with wood facades and updating the paint colors on the existing building to more natural earth tones. It also includes the reuse of much of the existing infrastructure, decreasing the demand on the construction material industry, and Packet Pg. 443  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] ultimately, the addition of the green space further reduces the impact on the storm water runoff that currently exists at this property. I think when we look at the commercial area pattern book, it talks a lot about neighborhood adjacency, and compatibility pedestrian connectivity, and what the Holland Corridor could be. I think we've worked closely with staff over the last number of months to come up with a plan that addresses many of the initiatives that are presented in that area pattern book for Holland Road, including the addition of sidewalks, the addition of canopy trees, the improvement to the street frontage landscaping and buffering, and the improvements to the architecture to make it more relevant and more current. The one thing, I do want to touch on related to neighborhood compatibility this is surrounded by a number of multi-family residential developments. One of the things that many of us who have lived in an apartment at one point understand is, it is not easy to wash your car, vacuum your car, in a multi-family apartment development. So, what this actually provides is an opportunity to not have to run an extension cord of a window or not have to use a dust buster for something that actually requires a legitimate vacuum, and ultimately providing a more environmentally friendly way to wash your car. Given all the improvements that have been proposed with this development, we do feel while the use may not be the most desirable given the Commercial Area Pattern Book, it does strive to achieve many of those with the things that I've laid out. I do want to talk about the staff report’s reference to the Holland Road Phase 1 project. This identifies a project that will expand Holland Road from four lanes to six, inclusive of protected U-turn as a superstreet design. In my opinion in looking at this, and engineering analysis, Holland Road currently sees 37,000 vehicles per day. The city has seen the need to necessitate the CIP project, that will expand Holland Road to six lanes. This is a corridor not necessarily designed around people, but designed around helping vehicles get to and from their destinations. I personally commute on Holland Road from the Red Mill area to Town Center each and every day with many of my fellow residents. Packet Pg. 444  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] I do want to add also related to the neighborhood compatibility. Car washes have long been a place that creates a sense of community where people bond over the care that they put into their vehicles, where my wife and I can go to vacuum our cars without having to mess with those fussy extension cords. I think it does continue to provide that given the nature of the surrounding adjacent developments. In closing, there are currently seven vacant Rite Aids in Virginia Beach alone. It is likely another six will become vacant once the bankruptcy is completed. I'm not saying each and every one of them should become a car wash or will become a car wash, but what we have here today is a project with a developer motivated to be creative, to come up with better solutions for each and every site that we pursue. A move to avoid urban blight, which can be so cancerous to shopping centers and corridors. With that, I do appreciate your consideration of this proposal, and I will be available for questions. Mr. Alcaraz: Thank you. Are there any questions? Yeah. Mr. Plumlee? Mr. Plumlee: Mr. Schmidt, how are you today? Mr. Schmidt: Good. How are you doing, sir? Mr. Plumlee: I'm doing well. Had there been a market study for this location by the Green Company, because it was brought up at the informal that there were a number of car washes in the vicinity. Can you address that? Are you able to address that today? Mr. Schmidt: I will let Mr. Van Breman address that. Mr. Plumlee: Okay. I can save that question. Being with Kimley Horn, looking at the Capital Improvement Project. Have you looked at the impact of that project with the expansion to six lanes? And how that would affect this location on the operation? Packet Pg. 445  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] Mr. Schmidt: Yes, sir. I do believe we have enough room to accommodate the expansion as currently described. Mr. Plumlee: So, I heard this morning, a rough estimate of about 12 feet of a taking, it could be more in that, but you believe that would remain, this use could remain under those conditions? Mr. Schmidt: Yes, sir. Mr. Plumlee: Okay. As far as, this will remain owned by the same family that owns it currently, the Aslands, is that correct? Mr. Schmidt: I do have a clarification on that. Green Clean will be purchasing the property, and the structure. Mr. Plumlee: So they will be the owners of the property? Mr. Schmidt: Yes, sir. Mr. Plumlee: And they’re going to make quite an investment in that structure then, a significant investment to convert it from its current retail use to the car wash operation? Mr. Schmidt: Yes, sir. That is correct. Mr. Plumlee: Can you tell us what were some of the efforts that you made to try to address the pedestrian aspect. I understand it's going to be next to a super road. I’m not sure how many people are going to be walking along that road, but what efforts did you make to try to address that? If you could be specific. Packet Pg. 446  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] Mr. Schmidt: Yeah. So, from the start of this project application, we went and sat down with Ms. Nowak at the planning department to really discuss what are the opportunities to make this as attractive as possible, understanding the conflicts with the use, and the Commercial Area Pattern Book. So, when we submitted the initial application, we did not have the sidewalk and the landscaping that is at the top of the screen here where the old pharmacy drive through was. We did not have the additional landscaping along the existing sidewalk connection, on the screen left. We also made a commitment to planning that any sidewalk within the right of way along our frontage that is not compliant with a five-foot minimum that we would improve that as well with this project. I think one of the things that you hear a lot about in terms of providing nice pedestrian connectivity always comes down to the availability of shade, and really being able to give people a spot where they're not walking in the hot sun, in the middle of the summer to get to some of these destinations. I think the one connection that exists, and the one that is proposed do improve upon what exists today do provide an opportunity for these to be nice pedestrian connections to Timberlake Shopping Center, and ultimately the Holland Road Network. The other thing we did do as well is with the removal of the pharmacy canopy and window, that in the initial application we were not making all that green space. We went back and revised that to as green space and landscaping along that back wall to break up the visibility of that facade. Mr. Plumlee: So you're saying you added permeable surface? Mr. Schmidt: Yes, sir. So, the plan will be removing the asphalt full depth. We will be installing landscape planters along there with landscaping that will screen that long facade from the right-of-way. Packet Pg. 447  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] Mr. Alcaraz: Any other questions? Yes, Mr. Parks. Mr. Parks: Mr. Schmidt, do you, is this the first instance of taking a converted building like this and turning it into a car wash? Is this going to be one of the first ones or? Mr. Schmidt: The city of Virginia beach is not the Guinea pig. This has been done by Green Clean and Express Wash Concepts up in the Pennsylvania market already, and Craig can elaborate on that, but they do have a few of these operational where they've completed the conversion and it's been successful. Last month we did get approval in Chesapeake to do the same. Adaptive reuse of a ride aid on Battlefield to a car wash. So that is proceeding into site plan design now and hopefully construction sometime the end of this year. Mr. Alcaraz: Alright, any other questions? Ms. Cuellar: I have one question. Mr. Schmidt, did you have an opportunity to reach out to the residents on South Plaza Trail? If so, what was their feedback? Mr. Schmidt: We did not. It was hard to identify an organized group, so given the nature of the adaptive reuse we were not able to identify specific contact who set something up. Mr. Alcaraz: Any other questions? All right. I am going to get the speaker, which is representative of the ownership. State your name for the record? Mr. Bremen: Good afternoon. My name is Craig Van Bremen. I'm the Chief Development Officer for Express Wash Concepts. My address is 336 Bishop Gate Lane, Crozet, Virginia. Packet Pg. 448  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] So, Express Wash Concepts, just a little bit about us. We have 95 sites in operation currently. We have about 16 under construction currently, and that's across Michigan, Pennsylvania, Ohio, Virginia, and I think that’s it actually. So, locally, more locally here, we we've given to across those 95 sides last year, we are very charity-minded organization. We really want to grow our people from within, and we want to support the communities that we serve as well, and with that we give $400,000 to charity last year through our grand openings and other care initiatives like Greg mentioned. More locally, we have 14 green cleans currently operating the Hampton Roads MSA, and one of the reasons that's so important, we'll get to site selection, when there is a question on site selection a little bit, but one of the reasons that's so important is because we don't want to just provide jobs, people want to provide growth opportunities to people. So, when you come to work at Green Clean, you have an opportunity to start, and this happens throughout the company. So, start working in the lot at $17 an hour and work your way up to assistant site manager, where you're making $45,000 to $55,000 an hour [sic., a year]. Then you can have your own site and be a site manager making $75,000 to $80, 000 an hour [sic., a year], and then if you make it up to area manager, you can be making over $100,000. We'd love to have college educated people, but this also is in a pathway for somebody that doesn’t have a college degree. If you come in, you work hard, you learn the job, you can move up within the company, and those are the kinds of opportunities that we really want to provide to folks that work for Green Clean Auto Wash and work for Express Wash Concepts. This facility along with some of the other ones that we've recently developed on Shore Drive, and I want to thank staff because the Packet Pg. 449  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] Shore Drive product has turned out excellent. I was just there actually before, and I encourage you to go look at that. All of the locations we do, we talk about being Disney-perfect, and we really want to provide a great product that includes the enhanced landscaping. That's something that we work with cities on, but that's something that we just as core to us and that we want to do in general. So, that Shore Drive location is a great example of what we want to do. I can see us using that building in other places as well, because it turned out so well. So, thank you Staff for helping us to bring that to fruition. Greg already mentioned the benefits of washing with Green Clean from an environmental standpoint, so I won't go through that. When we talk about density, density is really important to our business. We have under unlimited wash club members that the more the locations that we can provide, the more value there is to their membership. So, when they buy a membership, not only does their pass work at Shore Drive, but it also works at the other 95 locations that we have and the 14 locations within Hampton Roads, and we really want to serve our customers where they need to be served. So, we identified this Holland Road corridor years ago as an area that we wanted to be. We are very data driven and we look at demographics. We look at vehicles per day. We look at retail. We look at competition. We look at all of those things, and we targeted this area years ago. We actually had the old Wells Fargo back in contract, and because of just site constraints, and similar things that were going on at the time, we actually backed away from that site. We've been working on the Title Max parcel across the street, and this site came available, and had the opportunity to buy it and it's a great opportunity for us to do our adaptive reuse. Packet Pg. 450  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] As Greg mentioned, we've actually completed three of these drugstore conversions. One's in Cleveland. We have two in Pittsburgh, Pennsylvania, and they have turned out amazing. Customers love the interior vacuums. Customers love the way that you come through the building. I understand that some don't love the car wash use, but sometimes the economics of where we are, if you look at this building, Rite Aid was a pretty powerful company for a very long time, and they could garner large rents. There's not too many companies with the experience and with the economic strength that can come in and do an adaptive reuse like this. We have the experience to do that. We, actually our business model, supports actually acquiring a building like this. So, with that, Greg's already walked through the site specifics, but I'll pause for any questions. Mr. Alcaraz: Yeah, thank you. Mr. Plumlee? Mr. Plumlee: Yeah, I had asked earlier about this market. There were, as I mentioned at the informal meeting, that there were other car washes within this vicinity, and can you address the workup that you've done to look at the market? Mr. Bremen: Yeah, we always look at the competition very heavily. I think there's a competitor just down the street. Frankly, we offer a different product than they did. They have some self-serve automatic bays out there, which are great for people that want that product and want to be able to wash their car themselves. They also do have some smaller tunnels, but that's not really what we do. We really focus on being in the convenient right place, so that you can wash your car quickly, that you can do your interior free vacuums, and that you can move on. The demographics there, definitely support demographics, and the strength of just the number of people, the number of vehicles around that area are really what would drive whether or not site Packet Pg. 451  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] works for us, and when we look at those 95 stores that we have across our portfolio, we've identified the key performance indicators in data of what drives site performance. In this particular area, even with that competition that's put into our model, we believe this is a very strong site for us. Mr. Plumlee: Mr. Schimdt had mentioned that this is actually going to be a purchase by your corporation of this property. So, it's not just redevelopment for the owner. It actually allows them to be relieved of the obligation of keeping this empty building for who knows how long waiting for someone to come along that is willing to take it on. So, this is where you transfer and ownership as well. Is that accurate? Mr. Bremen: That’s accurate, and it behoves us to move as quickly as possible through the right approvals and to get construction done as quickly as possible, and get the renovations done so we can get open for business as quickly as possible. Mr. Plumlee: Is there anything that you wanted to add to the question about pedestrian friendly layout? Mr. Bremen: I think Greg is best positioned to answer that. I mean, we always want to do all we can to be a good partner in the community. So, if there's additional ideas that staff can come up with of ways that the site can work in their master plan, we are all ears and we'll be happy to support. Mr. Alcaraz: Thank you. Ms. Byler: If you could please clarify on your site plan, and I may be wrong, but as I understand it, our Active Transportation Plan shows that there Packet Pg. 452  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] should be five foot or more in width along South Plaza Trail, and that your proposal has no change to the existing three-foot sidewalk. Ms. Bremen: I will have to defer it to Mr. Schmidt on that. Mr. Schmidt: We had discussed that with staff. We are committed to upgrading the sidewalks along both frontages to achieve a minimum of five feet in width. So, if we, I don't remember if that was in the draft conditions off the top of my head, but we can add that as a condition. Ms. Byler: Okay. Thank you. Ms. Hippen: So you spoke of demographics, but you said that you haven’t spoken to the people that live in this area. So, the question is, how do you know that this is the ideal business location if you haven't spoken to the people that live around the area. I'm very familiar with the area, by the way, and I know of what you speak of the demographics. There's an apartment complex right across the street. There are very close homes in the area where there, you know, they're very close together. There are also town homes in the area. So, the question is, how do you know that this is what the neighborhood wants? Mr. Bremen: Yeah, just for clarity, when I speak of demographics, I mean, the demographics in the area. So, the number of households with areas, not the specific makeup of like a particular neighborhood or talking to a particular neighborhood. I just mean, there's enough people within the area that we believe will be drawn to this area that will support our business as far as the neighbors across the street. We also believe that based on our other locations in Virginia Beach, that people will want to buy an unlimited wash club membership here. It's very similar in a lot of ways to the other sites that we have. So, if we use that kind of as a template to say, is this a good location? We do Packet Pg. 453  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] believe that the folks in the area will shop and we'll wash their car at our location. Ms. Hippen: Okay. You spoke of the car wash that's there where Independence becomes Holland. Okay, but if you go the other way, you have, Car Spa, which is at the corner of Lynnhaven and Holland, okay, and then we just approved a car detailing business in that very shopping center [Timberlake Shopping Center]. So, my question still remains, if you haven't spoken to the people that live in that area, if you haven't reached out to the community, how do you know that this business is going to be fruitful given the fact that this is not what the Comprehensive Plan is looking to place in this area? Mr. Bremen: I go back to the 95 sites that we've developed, and the other sites within Hampton Roads. We look for those similar things and we do take into account the competition is actually the Freedom Wash is a little bit different in the product that they offer. The Car Spa is a little bit different too. I believe that one has full service as well. That's not what we do. So, the product's a little bit different. I know it seems like you're just watching a car, but the product is genuinely different. So, giving folks the opportunity to use their money to spend it to wash the way that they want, and we think we can provide a more economical better benefit than our competitors also, right? We think that our washcloth price is probably more reasonably than anyone else's and you get a better product. So, it really is the free market coming in. We feel like that key things that we look for in site selection all exist at this location. That is why we are so excited about. Mr. Alcaraz: All right. Thank you. Any other questions, Ms. Byler. Packet Pg. 454  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] Ms. Byler: There's also a car wash, I'm sure you're familiar with on Independence and Edwin, which is a mile or maybe less from this. So that's like three car washes in less than a mile. So, while yours might be best, then I guess that means it's taking business away from the others. Mr. Bremen: I don't look at that way. I think we're growing the pie. If you look at just car wash statistics overall, there's more people, more people coming to wash their car at a car wash than washing in their driveway. So, it's not taking, it's not an end some game, right? Like it's not, we're taking their customers, we're adding to the pie. It's actually what we want. We want people to come wash in a professional car, wash it. So, they're not washing in their driveway using 10 times more water or putting detergents down the storm sewer. Ms. Byler: Thank you. I appreciate your comments. Mr. Alcaraz: All right. Any other questions for the applicant, and its representative. None. Just have a seat. I am going to close it now. Mr. Plumlee: I would like to make some comments and address this. I mean, we're a country of over 300 million cars. We're not going to turn into a pedestrian community overnight next to a super road. I do worry about blight at these locations when you have empty structures for long periods of time. When families have opportunities to transition these sites, they don't come that often and it can be not an ideal, perfect business and sometimes we're in the business of judging what's ideal, and sometimes we're trying to judge what's best in the moment and what's not perfect. I don't see this as a perfect application, and obviously there are issues with the comp plan, but we have in the past proceeded to recommend projects like these. I Packet Pg. 455  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] do worry about something sitting empty for long periods of time, and that we're not going to have an applicant with the strength that this applicant has to come in. So, for those reasons, I would support a motion. Obviously, the motion should include that there be a five- foot width sidewalk. I think it should include that. So, I would support that motion and make that motion if I get support for it. Mr. Alcaraz: All right, Mr. Plumlee, any other comments? Ms. Hippen: So there's been a lot of discussion over several months about the Comprehensive Plan and us sticking to what we foresee that should come in these different areas. I went out to this area, and like I said, I'm very familiar with the area. I used to use Car Spa, okay? I stopped using them. I use somebody else now. There are a lot of car washes in that area. I think that we should stick to the Comprehensive Plan in this case, and your business model sounds great. Please don’t get me wrong, and that it sounds great. I just don’t think that this is the area for it. I do believe that, that the Rite Aid folks will find someone to take that building over or to take that area over, and my biggest concern is that you haven't talked to people that live in the area to get a feel for what they're looking for in their neighborhood as well. That's one thing that I think you should do every other thing that we go through and approve. We've got letters, we've got notification to the people that live around it, and they're talked to, and I think that's just one thing that an amazing plan that she didn't do that that you should have done for this area. Mr. Alcaraz: All right. Thank you. Any other comments or discussions. All right. I have a motion, but by Mr. Plumlee. I need a second. Mr. Coston: I’ll second. Packet Pg. 456  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] Mr. Alcaraz: Second by Mr. Coston. Alright. Thank you. Any other comments discussions. Alright, I have a motion by Mr. Plumlee. I need a second. Planning Administrator: Chairman, can I get one point of clarification? Is that motion with a minimum five-foot sidewalk on both Holland and South Plaza Trail? Mr. Plumlee: Yes. Mr. Alcaraz: That motion is to approve with five-foot. Second by Mr. Coston. Clerk: The vote is open. By a vote of 8:3, agenda item number five has been recommended for denial. AYE 3 NAY 8 ABS 0 ABSENT 0 Alcaraz NAY Anderson NAY Byler NAY Cromwell NAY Coston AYE Cuellar NAY Estaris NAY Hippen NAY Mauch NAY Parks AYE Plumlee AYE CONDITIONS 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled “Carwash Concept Virginia Beach, VA”, prepared by Kimley-Horn, and dated 4/1/2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled “Green Clean Express Auto Wash-4247 Holland Road, Virginia Beach, VA” prepared by SBA Studios, and dated 4/9/2024, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The Packet Pg. 457  6.J.a Attachment: 12_ARF Package for Green Clean Holland, LLC (4054 : Green Clean Holland, LLC [Applicant] Alp & Alex Aslan [Property Owners] proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. Packet Pg. 458  HUSSAIN SURANI (APPLICANT) RSS WFCM2015-NXS4- VA-PAD, LLC (PROPERTY OWNER) CONDITIONAL USE PERMIT (INDOOR RECREATION FACILITY) ADDRESS: 2058 S. INDEPENDENCE BOULEVARD GPIN: 1485352650 CITY COUNCIL: DISTRICT 10 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 459  6.J.a Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HUSSAIN SURANI [Applicant] RSS WFCM2015-NXS4-VA-PAD, LLC [Property Owner] Conditional Use Permit (Indoor Recreation Facility) for the property located at 2058 S. Independence Boulevard (GPIN 1485352650). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: July 9, 2024  Background: The applicant is seeking a Conditional Use Permit to operate an Indoor Recreation Facility in a 59,643 square-foot vacant building in an existing shopping center. This facility would be a multi-activity venue for patrons to partake in activities like go- karting and laser tag. The property is located in the Green Run Land Use Plan which designates this area appropriate for commercial or multi-family use. No exterior alterations are proposed with the exception of new signage posted on the building’s front and the addition of a bicycle rack at the front of the unit. Hours of operation will be from 8:00 a.m. to 10:00 p.m., Sunday through Thursday, and 8:00 a.m. to midnight Friday and Saturday. 60 full-time and 40 part-time employees are expected. Parking provided on-site exceeds the requirement by 175 spaces.  Considerations: Staff finds the proposed use to be an appropriate use for a vacant unit within the shopping center. As a non-residential use in the Suburban Area, as defined by the Comprehensive Plan, the location of this proposed recreation facility near established neighborhoods and multimodal pathways aligns with recommendations of the Comprehensive Plan. Traffic volume is not expected to be impacted on S. Independence Boulevard or Princess Anne Road due to the nature of this business being utilized outside peak weekday traffic hours. To forward goals in the Active Transportation Plan, the applicant was agreeable to adding a bicycle rack on site. One letter of opposition was received after the June 12th Planning Commission hearing with concerns about security and property value of neighboring residents. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report.  Recommendation: On June 12, 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. 460  6.J.a Hussain Surani Page 2 of 2 Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner) 1. This Conditional Use Permit applies only to the northernmost building (approximately 59,643 square feet) within the shopping center. 2. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance for signs. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development, Permits and Inspections Division, Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 4. The facility shall operate only between the hours of 8:00 a.m. to 10:00 p.m., Sunday through Thursday and 8:00 a.m. to midnight Friday and Saturday. 5. At least one publicly accessible bicycle rack shall be placed in an appropriate area on site. 6. The maximum number of individuals within the facility shall not exceed the maximum occupancy as determined by the Fire Marshal.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 461  6.J.a Applicant Hussain Surani Agenda Item Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner) Property Owner RSS WFCM2015‐NXS4‐VA‐PAD, LLC Planning Commission Public Hearing June 12, 2024 City Council District 10 14 Request Conditional Use Permit (Indoor Recreation Facility) Staff Recommendation Approval Staff Planner Rachael Miller Location 2058 S. Independence Boulevard GPIN 1485352650 Site Size 6.33 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping Center / PD‐H1 Planned Unit Development Surrounding Land Uses and Zoning Districts North Buckner Boulevard Multi‐family dwellings, Duplex dwellings / PD‐ H1 Planned Unit Development South Retail / PD‐H1 Planned Unit Development East Multi‐family dwellings / PD‐H1 Planned Unit Development West S. Independence Boulevard Single‐family dwelling, offices / PD‐H1 Planned Unit Development Hussain Surani Agenda Item 14 PacketPage Pg. 1 462  6.J.a Background & Summary of Proposal Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner)  The applicant is seeking a Conditional Use Permit to operate an Indoor Recreation Facility in a vacant building near the intersection of S. Independence Boulevard and Buckner Boulevard on property zoned PD‐H1 Planned Unit Development.  Planned Unit Development Districts with commercial areas of three acres or more are limited to principal uses permitted in the B‐2 Community Business Districts. Indoor Recreation Facilities greater than 7,500 square feet in the B‐2 District require a Conditional Use Permit. Since the subject building is 59,643 square feet, a Conditional Use Permit is required.  The project site falls within the Green Run Land Use Plan. On July 9, 1996, an amendment to redesignate this site from multi‐family to commercial and/or multi‐family use was approved by City Council.  This facility will provide activities and entertainment for all ages including an electric go‐kart track, laser tag area, ropes course, XD theater, party rooms, office spaces, arcade games and a restaurant/bar area. There is currently no plan to sell alcohol.  Hours of operation are from 8:00 a.m. to 10:00 p.m., Sunday through Thursday and 8:00 a.m. to midnight Friday and Saturday. 60 full‐time and 40 part‐time employees are expected.  Exterior alterations are limited to the installation of new signage. There is an existing bicycle rack at the building’s front façade that will remain for patrons and employees to use.  Per Section 203(a)(33) of the Zoning Ordinance, one parking space is required for every 250 square feet for a shopping center of this size. At approximately 183,257 square feet, a total of 733 parking spaces would be required for the shopping center. With 908 existing parking spaces, the shopping center exceeds the parking requirement by 175 spaces. Hussain Surani Agenda Item 14 PacketPage Pg. 2 463  6.J.a Zoning History # Request Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner) 1 LUP (Modification of LUP) Approved 07/09/1996 2 LUP Approved 09/24/2013 CRZ (PD‐H to PD‐H1) Approved 01/11/1982 LUP (Modification of LUP) Approved 11/25/1974 LUP (Zoning, Planned Unit Development) Approved 05/21/1973 2 LUP (Modification of LUP) Approved 06/14/1971 LUP Approved 03/11/1965 3 LUP (Modification of LUP) Approved 02/26/2008 6 3 4 SVR (Section 4.4(a)) Approved 06/09/1998 4 5 LUP (Modification of LUP) Approved 12/15/1992 5 6 CUP (Housing for Seniors and Disabled) Approved 7 1 05/27/2014 CRZ (PD‐H1 to Conditional O‐2) Approved 02/08/2011 7 MDP Approved 12/12/2017 CRZ (Conditional B‐4 to Conditional PD‐H2 (A‐12 8 Overlay)) Approved 12/12/2017 CRZ (R‐5D to Conditional A‐24, B‐4, PD‐H2 (A‐12 9 10 Overlay)) Approved 06/22/1999 11 8 CRZ (R5‐D & R‐10 to A‐36 & PDH2 Overlay) Approved 06/26/2007 9 CUP (Motor Vehicle Rentals) Approved 02/08/2005 10 CRZ (B‐1 to B‐2) Approved 11/21/1983 11 CRZ (R‐8 to B‐2) Approved 11/21/1983 CRZ (B‐2 to B‐4) Approved 08/07/2018 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 an Indoor Recreation Facility is acceptable. A large indoor recreation facility is compatible with this larger‐scale neighborhood shopping center as it caters to a variety of age ranges and there is adequate parking to support the proposed use. This proposal also, in Staff’s opinion, supports the Comprehensive Plan’s principle to create and maintain “Great Neighborhoods” as this non‐residential use is complementary to the surrounding residential areas. Staff is supportive of this request, as it is a resident‐oriented reuse of the former grocery store within the shopping center. The segments of Princess Anne Road and S. Independence Boulevard fronting this site are currently functioning at near capacity and over capacity respectively. However, staff does not anticipate a significant change in traffic based on the proposed hours of operation. This facility will not be open during weekday morning peak hours nor is it expected that this use will generate as much traffic as a commercial use would in weekday afternoon peak hours. The applicant is aware of the Active Transportation Plan’s goals for the City and was agreeable to provide a bicycle rack on site to accommodate those who choose to cycle to this indoor recreation facility. Based on these considerations, Staff recommends approval subject to the conditions listed below. Hussain Surani Agenda Item 14 PacketPage Pg. 3 464  6.J.a Recommended Conditions Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner) 1. This Conditional Use Permit applies only to the northernmost building (approximately 59,643 square feet) within the shopping center. 2. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance for signs. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development, Permits and Inspections Division, Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 4. The facility shall operate only between the hours of 8:00 a.m. to 10:00 p.m., Sunday through Thursday and 8:00 a.m. to midnight Friday and Saturday. 5. At least one publicly accessible bicycle rack shall be placed in an appropriate area on site. 6. The maximum number of individuals within the facility shall not exceed the maximum occupancy as determined by the Fire Marshal. 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. 1995 Conditions (Green Run LUP Modification) 1. Development shall be substantially in conformance with the site plan exhibited to the City Council at public hearing. 2. Design of the project shall be substantially in conformance with architectural renderings, elevations and cross‐sections exhibited to the City Council at public hearing. The exterior siding of the structure(s) shall be brick or split‐faced brick‐ colored masonry block. 3. Landscape screening shall be provided along the northern, eastern, and southern property lines, in accordance with the plans exhibited to the City Council at public hearing. The landscape buffer along the eastern boundary, between the commercial and residential portions of Portion H, shall consist of a minimum 40‐foot wide buffer, containing a berm and, at a minimum, Category VI landscaping with a solid masonry wall. 4. Buckner Blvd. shall be improved to a four‐lane, divided roadway from the intersection with South Independence Blvd., to the eastern property line of the site, to accommodate the increased trip generation associated with the requested land use plan amendment. 5. All berms shall have a maximum slope of one foot rise to three feet of run, and shall have a top width sufficient to accommodate approved landscaping. Hussain Surani Agenda Item 14 PacketPage Pg. 465  6.J.a 6. A traffic study shall be submitted prior to site plan approval, to assess the need for any additional street improvements Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner) associated with the proposed development, including acceleration/deceleration lanes, possible widening of proposed points of ingress/egress, and a traffic signal on Buckner Blvd. 7. In the event that significant alterations in the approved plan necessary to accommodate on‐site BMPs, a well site, or improvements required in conjunction with the traffic study, an additional application for a modification to the land use plan shall be required. 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 indoor recreation site is acceptable as it maintains neighborhood stability by providing residents with multiple indoor options for recreation and is utilizing the infrastructure within an existing commercial area. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There does not appear to be any significant natural resources associated with the site. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 5,670 ADT 1 1 4 Princess Anne Road 50,020 ADT 74,000 ADT (LOS “D”) Proposed Land Use 3 – No Change Anticipated Existing Land Use 2 – 5,670 ADT S. Independence Blvd. 23,600 ADT1 36,900 ADT 1 (LOS 4 “E”) Proposed Land Use 3 – No Change Anticipated 1 Average Daily Trips 2 as defined by a 60,000 s.f. 3 4 No significant change in traffic LOS = Level of Service general shopping center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The MTP lists this segment of Princess Anne Road as an eight‐lane divided major urban arterial. South Independence Boulevard in the vicinity of those application is a four‐lane divided major urban arterial. There are no CIP projects in the area. Active Transportation Plan According to the Active Transportation Plan, there is a sidewalk connecting this property to Buckner Boulevard. It is recommended bicycle parking is implemented appropriately on site. Hussain Surani Agenda Item 14 PacketPage Pg. 5 466  6.J.a Public Utility Impacts Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner) Water & Sewer The site connects to City water and sanitary sewer. Public Outreach Information Planning Commission  As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 13, 2024.  As required by State Code, this item was advertised in the Virginian‐Pilot on Wednesdays, May 29, 2024 and June 5, 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 May 24, 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 June 6, 2024. City Council  As required by City Code, this item was advertised in the Virginian‐Pilot on Tuesdays, June 25, 2024 and July 2, 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 June 24, 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 July 5, 2024. Hussain Surani Agenda Item 14 PacketPage Pg. 6 467  Proposed Site Layout Hussain Surani Agenda Item 14 6.J.a PacketPage Pg. 7 468 Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner)  Proposed Signage Hussain Surani Agenda Item 14 6.J.a PacketPage Pg. 8 469 Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner)  Site Photos Hussain Surani Agenda Item 14 6.J.a PacketPage Pg. 9 470 Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner)  Site Photos Hussain Surani Agenda Item 14 Page 6.J.a Packet Pg.10 471 Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner)  Disclosure Statement Hussain Surani Agenda Item 14 Page 6.J.a Packet Pg.11 472 Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner)  Disclosure Statement Hussain Surani Agenda Item 14 Page 6.J.a Packet Pg.12 473 Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner)  Disclosure Statement 6/20/2024 Rachael Miller Hussain Surani Agenda Item 14 Page 6.J.a Packet Pg.13 474 Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner)  Disclosure Statement Hussain Surani Agenda Item 14 Page 6.J.a Packet Pg.1475 Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner)  Disclosure Statement Hussain Surani Agenda Item 14 Page 6.J.a Packet Pg.15 476 Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner)  Disclosure Statement Hussain Surani Agenda Item 14 Page 6.J.a Packet Pg.16 477 Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner)  6.J.a Next Steps Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (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. Hussain Surani Agenda Item 14 Page Packet Pg.17 478  6.J.a PDH1 PDH1 PDH1 PDH1 PDH1 PDH1 n D riv e hana Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015- ck Buc Bo Bu ul ne r ev ar r PDH1 d va ule PDH1 O2 In Bo Rica Court de pe d e nd ir v en D ce PDH1 ica PDH1 R PDH2 (A36) PDH1 Pr in ce ss La An sa ne lle Dr Ro i ve A36 ad P1 Site Property Polygons Zoning Building Hussain Surani 2058 S. Independence Boulevard μ Feet Packet Pg. 479 0 50100 200 300 400 500 600  6.J.a Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner) Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 14 Hussain Surani RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Item #14, Hussain Surani. Welcome. Mr. Korte: My name is Kyle Korte. I'm an attorney with Wolcott Rivers in Virginia Beach. I represent the applicant for agenda item 14, which relates to a conditional use permit for an indoor recreational facility at 2058 South Independence Boulevard, and each of the conditions suggested by staff are acceptable. 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 Parks to read this into the record. Mr. Parks: Thank you. The applicant is seeking a conditional use permit to operate an indoor recreational facility in a vacant building near the intersection of South Independence Boulevard and Buckner Boulevard. The facility will provide activities and entertainment for all ages including electric go-karts, laser tag, rope course, and various other activities. Hours of operation will be 02:00 p.m. to 10:00 p.m., Monday through Thursday, and 11:00 a.m. to midnight Friday, and 11:00 a.m. to 10:00 p.m. on Sunday. Hearing no opposition, we recommended that it be placed on the consent agenda. Mr. Plumlee: I think Staff updated the hours to have an earlier opening time. Packet Pg. 480  6.J.a Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner) Mr. Parks: Yes, sorry. It's eight 08:00 a.m. to 10:00 p.m. Monday [sic., Sunday] through Thursday, and 08:00 a. m. to midnight on Friday and Saturday. That's correct. Thank you. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 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. 481  6.J.a From: Kaitlen S. Alcock Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner) To: Rachael Miller Subject: FW: Hussain Surani"s Conditional Use Permit Application (2058 S. Independence Blvd) Date: Monday, June 17, 2024 9:48:55 AM See below. From: Owen Norris <j.owen.norris@gmail.com> Sent: Friday, June 14, 2024 2:42 PM To: William Parks <wparks@vbgov.com>; Kaitlen S. Alcock <KAlcock@vbgov.com> Subject: Hussain Surani's Conditional Use Permit Application (2058 S. Independence Blvd) 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. Great Afternoon, First to refresh your memory. I spoke with both of you after the Planning Commission's meeting on Wednesday. I am the HOA President at Buckner Woods Condominiums. Hope this helps. You asked me to send you an email expressing my concerns with this application, since I was ignorant of having to register to speak in person during the meeting. My concerns are: 1) Being a community of 160 units with most of our residents being Senior single females, Senior couples, and families with young children, there is without a doubt a huge concern about security. The only thing that separates Buckner Woods and the rear of that building (the Old Farm Fresh) is our white vinyl fence anyone could simply step over. 2) The time of Surani's proposed hours of operation which were expanded. The obvious problem with the closing time of midnight on weekends. With scores of young people exiting at that hour, we surely don't want them wandering onto our property. 3) This news was even more unwelcomed given that the VBCDC and NAMI have a proposed affordable housing project planned right on the other side of our community. Add to that the hotel that is being built just across the street, we are being bombarded. 4) That leads to a real concern for our property values. This cannot be good. Mr. Parks and Ms. Alcock, please take a serious look at this. I really don't want to feel that no one cares. I'm not sure where the application stands at this point, whether it's been approved or not. Is that something you can keep me informed on? Packet Pg. 482  President Owen Norris Thank You, Buckner Woods Board of Directors (757)287-8094 Packet Pg. 483 6.J.a Attachment: 13_ARF Package for Hussain Surani (4055 : Hussain Surani (Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner)  CITY OF VIRGINIA BEACH FOR AN ORDINANCE TO AMEND SECTION 106 OF THE CITY ZONING ORDINANCE RE PUBLIC NOTIFICATION REQUIREMENTS FOR THE BOARD OF ZONING APPEALS (BZA) 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. 484  6.J.a Attachment: 00_ARF Package for ZOA Notices of Publication (Sec. 106) (4056 : City of Virginia Beach – An Ordinance to amend Section 106 of CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 106 OF THE CITY ZONING ORDINANCE PERTAINING TO NOTICES OF PUBLICATION. MEETING DATE: July 9, 2024  Background: The purpose of this amendment is to align the City Zoning Ordinance with a recent State Code amendment regarding public notification requirements for the Board of Zoning Appeals (BZA). Currently, the City Zoning Ordinance states that a notice shall be published once a week for two successive weeks. Further, the notice must be posted not more than fourteen days before the intended adoption of the item. This amendment would modify the Ordinance to require that a notice be posted twice in a newspaper, not more than 28 days prior to the meeting with the second notice appearing no less than seven days before the meeting.  Considerations: This amendment will bring consistency between the language of the Zoning Ordinance and the requirements recently adopted by the General Assembly. The State required notification practices are already being met by the Zoning Division. 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 June 12, 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. 485  6.J.a Applicant City of Virginia Beach Agenda Item 1 Planning Commission Public Hearing June 12, 2024 Attachment: 00_ARF Package for ZOA Notices of Publication (Sec. 106) (4056 : City of Virginia Beach – An Ordinance to amend Section 106 of Notices of Publication Request An Ordinance to amend Section 106 of the City Zoning Ordinance pertaining to notices of publication. Summary of Request Section 106 of the Zoning Ordinance identifies the procedures for appeals and variances being considered by the Board of Zoning Appeals. More specifically, Section 106 (a) lists all the requirements for public notification. Senate Bill 413 was recently adopted by the General Assembly which modified these notification requirements. This proposed amendment makes the Zoning Ordinance consistent with the adopted legislation. The current requirements of the Zoning Ordinance state that a notice shall be published once a week for two successive weeks (successive weeks meaning that there is not less than six days between publications). The notice must be posted not more than fourteen days before the intended adoption of the item. This request would modify the Ordinance to require that a notice be posted twice in a newspaper, not more than 28 days prior to the meeting with the second notice appearing no less than seven days before the meeting. Recommendation Staff recommends approval of this Ordinance. While the notification practices of the zoning division currently meet the requirements recently adopted by the General Assembly, this request will bring consistency between the language of the Zoning Ordinance and the adopted State legislation. City of Virginia Beach Agenda Item 1 PacketPage Pg. 1 486 Packet Pg. 487 6.J.a Attachment: 00_ARF Package for ZOA Notices of Publication (Sec. 106) (4056 : City of Virginia Beach – An Ordinance to amend Section 106 of Packet Pg. 488 6.J.a Attachment: 00_ARF Package for ZOA Notices of Publication (Sec. 106) (4056 : City of Virginia Beach – An Ordinance to amend Section 106 of  Ordinance City of Virginia Beach Agenda Item 1 PacketPage 489 Pg. 2 6.J.a Attachment: 00_ARF Package for ZOA Notices of Publication (Sec. 106) (4056 : City of Virginia Beach – An Ordinance to amend Section 106 of  Ordinance City of Virginia Beach Agenda Item 1 PacketPage 490 Pg. 3 6.J.a Attachment: 00_ARF Package for ZOA Notices of Publication (Sec. 106) (4056 : City of Virginia Beach – An Ordinance to amend Section 106 of  6.J.a Attachment: 00_ARF Package for ZOA Notices of Publication (Sec. 106) (4056 : City of Virginia Beach – An Ordinance to amend Section 106 of Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 1 City of Virginia Beach RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: All right, thank you. At this time, I'm going to pass it on to our Vice Chair to go ahead with the consent agenda. Ms. Cuellar: Thank you very much, Mr. Chairman. We have 12 items on the consent agenda today, and these are applications that are recommended for approval by staff, and the Planning Commission concurred, and there are no speakers signed up in opposition. Our first item is Agenda Item #1, City of Virginia Beach. Mr. Kemp: Thank you, Chairman, Vice Chair, and members of the Commission. For the record, I'm Kevin Kemp, Zoning Administrator for the City. This first item is an amendment to Section 106 of the Zoning Ordinance, which describes the rules and procedures for the Board of Zoning Appeals. This is a clean-up amendment. The state recently passed Legislation Bill 413, which changed the notification requirement. This makes our ordinance consistent with that state legislation. Just to note, our current practices do adhere to the new state legislation. This just cleans it up. The new notification per our ordinance will be that notices shall be posted twice in a newspaper, not more than 28 days prior to a meeting with a second notice, not more than seven days before the meeting and staff is recommended approval. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Okay, we'll then move forward to our next item. Item #4 and #5, Autobell Car Wash. Is there a representative here today? Packet Pg. 491  6.J.a Attachment: 00_ARF Package for ZOA Notices of Publication (Sec. 106) (4056 : City of Virginia Beach – An Ordinance to amend Section 106 of Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 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. 492