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 August 20, 2024 FAX (757) 385-5669 CITY ASSESSOR – SUE CUNNINGHAM CITY AUDITOR – LYNDON S. REMIAS EMAIL: CITYCOUNCIL@vbgov.com CITY CLERK – AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -CONFERENCE ROOM- 1:30 PM A. AFFORDABLE CHILDCARE Dr. Jane Glasgow, Executive Director for Minus 9 to 5 - Eastern Virginia Barbara Lito, GrowSmart Coordinator – Economic Development (Requested by Vice Mayor Wilson and Council Members Berlucchi, Henley, Remick, Ross- Hammond, Rouse and Schulman) B. COMMERCIAL AREA PATTERN BOOK 2:00 PM Hank Morrison, Comprehensive Planning Administrator – Planning (Requested by Council Members Ross-Hammond, Rouse, Schulman, and C. DOMINION OFFSHORE WIND UPDATE 2:30 PM Carrie Rose Pace, Senior Communications Specialist – Dominion Energy II. CITY MANAGER'S BRIEFING A. STORMWATER MANAGEMENT ORDINANCE UPDATE 3:00 PM Melanie Coffey, Stormwater Management Regulatory Division Manager – Public Works III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM IV. CITY COUNCIL AGENDA REVIEW 3:45 PM V. INFORMAL SESSION - CONFERENCE ROOM- 4:00 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 Reverend Steve Kelly Senior Pastor, Wave Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION 1. Certify Closed Session G. MAYOR'S PRESENTATIONS 1. RESOLUTION – NEPTUNE FESTIVAL 50TH ANNIVERSARY 2. RECOGNITION OF KING NEPTUNE L Akhil Jain and Court Adam Carroll and Kylene Carroll, Celebration Chairmen 3. PROCLAMATION – GASTROPARESIS AWARENESS MONTH Lauren Katz H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES Ordinance to AMEND City Code Section 5-401 re fees for the impoundment of animals and APPROPRIATE $13,915 to the Police Department re expenses related to animal impoundment at the Animal Care and Adoption Center (Requested by Council Members Berlucchi, Hutcheson, Remick, and Schulman) Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Shore Drive Corridor Improvements – Phase III Project, CIP 100381 (formerly CIP 2-117) Ordinance to GRANT a Nonexclusive Franchise Agreement to Metro Fibernet LLC re install, operate, and maintain network facilities for telecommunication services Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with Princess Anne Village, LLC re construction of City stormwater improvements Ordinance to ACCEPT and APPROPRIATE $23,985 from the Virginia Department of Housing and Community Development and AUTHORIZE a local grant match of $5,000 re develop a Broadband Adoption and Affordability Plan  Ordinance to APPROPRIATE $233,000 of fund balance from the General Fund and $233,000 of fund balance from the Tourism Investment Program (TIP) Fund to the FY2024-25 Planning Department Operating Budget re Hampton Roads Transit as the local match for the Virginia Beach West Zone and Oceanfront Zone of the Regional Microtransit Project J. PLANNING BONNEY G. BRIGHT / ROSANNE BRIGHT RAY SELF-SETTLED SPECIAL NEEDS TRUST for a Variance to Section 4.4(b) of the Subdivision Regulations re create two lots at 5649 & 5605 Buzzard Neck Road DISTRICT 2 THALIA PLAZA, LLC for a Conditional Change of Zoning from B-2 Community Business & R- 5D Residential Duplex District to Conditional B-4 Mixed Use Business District and a Variance to Section 4.4(b) of the Subdivision Regulations re redevelop two parcels and develop a 4-story mixed use building at 4317 Virginia Beach Boulevard and 216 North Fir Avenue DISTRICT 4 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 (Deferred from July 9, 2024) WILLIAM F. DADDIO & JEAN A. GENTRY for Street Closure re approximately 375 square feet of an unnamed, and unimproved alley, adjacent to the rear of 817 Vanderbilt Avenue DISTRICT 5 SCOTT GRIFFITH ALDRICH & JULIA WAREING ALDRICH, TRUSTEES UNDER THE ALDRICH FAMILY TRUST for a Change in Nonconformity re alter and expand an existing dwelling at 200 43rd Street DISTRICT 6 NOVA TRAMPOLINE PARK VIRGINIA BEACH, LLC / ELIAS PROPERTIES SALEM CROSSING, LLC for a Modification of Conditions to a Conditional Use Permit re indoor commercial recreation facility at 2029 Lynnhaven Parkway DISTRICT 7 ERVIN JAMES for a Conditional Change of Zoning from AG-2 Agricultural District to Conditional R-10 Residential District re create two single-family residential buildings lot at 2336 Painters Lane DISTRICT 5 GREEN CLEAN HOLLAND. LLC / ALP & ALEX ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10 (Deferred from July 9, 2024) CALIBER BODYWORKS OF VIRGINIA, LLC DBA CALIBER COLLISION CENTERS / GHS II, LC for a Conditional Use Permit re automobile repair garage at 3417 Chandler Creek Road, Units 135, 136, & 137 DISTRICT 10 DIAMOND FARROW / STAR REAL ESTATE, LLC for a Conditional Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 104 DISTRICT 9 BRIAN L. HARRIS / AL MASON LANDSCAPING, INC for a Conditional Use Permit re automobile repair garage at 212 Southgate Avenue & adjoining southern parcel DISTRICT 4 LOGAN’S TOWING & SERVICE, INC / SOUTHGATE, LLC for a Conditional Use Permit re automobile repair garage at 225 & 229 Southgate Avenue DISTRICT 4 K. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION  ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY 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 WETLANDS BOARD 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. 5 Attachment: Ordinance to amend § 5-401 of the City Code Pertaining to Fees for the Impoundment of Animals and to Appropriate Funds  6.I.a Packet Pg. 6 Attachment: Ordinance to amend § 5-401 of the City Code Pertaining to Fees for the Impoundment of Animals and to Appropriate Funds  6.I.a Packet Pg. 7 Attachment: Ordinance to amend § 5-401 of the City Code Pertaining to Fees for the Impoundment of Animals and to Appropriate Funds  6.I.a Packet Pg. 8 Attachment: Ordinance to authorize acquisition of property in fee simple for right-of-way for the Shore Drive Corridor Improvements - Phase III  6.I.a Packet Pg. 9 Attachment: Ordinance to authorize acquisition of property in fee simple for right-of-way for the Shore Drive Corridor Improvements - Phase III  6.I.a Packet Pg. 10 Attachment: Ordinance to authorize acquisition of property in fee simple for right-of-way for the Shore Drive Corridor Improvements - Phase III  6.I.a Packet Pg. 11 Attachment: Ordinance to authorize acquisition of property in fee simple for right-of-way for the Shore Drive Corridor Improvements - Phase III  6.I.a Packet Pg. 12 Attachment: Ordinance to authorize acquisition of property in fee simple for right-of-way for the Shore Drive Corridor Improvements - Phase III  6.I.a Packet Pg. 13 Attachment: Ordinance to authorize acquisition of property in fee simple for right-of-way for the Shore Drive Corridor Improvements - Phase III  6.I.a Packet Pg. 14 Attachment: Ordinance Granting a Nonexclusive Franchise Agreement to Metro Fibernet LLC to Install, Operate, and Maintain Network Facilities  6.I.a Packet Pg. 15 Attachment: Ordinance Granting a Nonexclusive Franchise Agreement to Metro Fibernet LLC to Install, Operate, and Maintain Network Facilities  6.I.a Packet Pg. 16 Attachment: Ordinance Granting a Nonexclusive Franchise Agreement to Metro Fibernet LLC to Install, Operate, and Maintain Network Facilities  6.I.a Packet Pg. 17 Attachment: Ordinance Granting a Nonexclusive Franchise Agreement to Metro Fibernet LLC to Install, Operate, and Maintain Network Facilities  6.I.a Packet Pg. 18 Attachment: Ordinance Granting a Nonexclusive Franchise Agreement to Metro Fibernet LLC to Install, Operate, and Maintain Network Facilities  6.I.a Packet Pg. 19 Attachment: Ordinance Granting a Nonexclusive Franchise Agreement to Metro Fibernet LLC to Install, Operate, and Maintain Network Facilities  6.I.a Packet Pg. 20 Attachment: Ordinance Granting a Nonexclusive Franchise Agreement to Metro Fibernet LLC to Install, Operate, and Maintain Network Facilities  6.I.a Packet Pg. 21 Attachment: Ordinance Granting a Nonexclusive Franchise Agreement to Metro Fibernet LLC to Install, Operate, and Maintain Network Facilities  6.I.a Packet Pg. 22 Attachment: Ordinance Granting a Nonexclusive Franchise Agreement to Metro Fibernet LLC to Install, Operate, and Maintain Network Facilities  6.I.a Packet Pg. 23 Attachment: Ordinance Authorizing the Execution of a Cost Participation Agreement with Princess Anne Village, LLC for the Construction of  6.I.a Packet Pg. 24 Attachment: Ordinance Authorizing the Execution of a Cost Participation Agreement with Princess Anne Village, LLC for the Construction of  6.I.a Packet Pg. 25 Attachment: Ordinance Authorizing the Execution of a Cost Participation Agreement with Princess Anne Village, LLC for the Construction of  6.I.a Packet Pg. 26 Attachment: Ordinance Authorizing the Execution of a Cost Participation Agreement with Princess Anne Village, LLC for the Construction of  6.I.a Packet Pg. 27 Attachment: Ordinance Authorizing the Execution of a Cost Participation Agreement with Princess Anne Village, LLC for the Construction of  6.I.a Packet Pg. 28 Attachment: Ordinance Authorizing the Execution of a Cost Participation Agreement with Princess Anne Village, LLC for the Construction of  6.I.a Packet Pg. 29 Attachment: Ordinance Authorizing the Execution of a Cost Participation Agreement with Princess Anne Village, LLC for the Construction of  6.I.a Packet Pg. 30 Attachment: Ordinance Authorizing the Execution of a Cost Participation Agreement with Princess Anne Village, LLC for the Construction of  6.I.a Packet Pg. 31 Attachment: Ordinance Authorizing the Execution of a Cost Participation Agreement with Princess Anne Village, LLC for the Construction of  6.I.a Packet Pg. 32 Attachment: Ordinance Authorizing the Execution of a Cost Participation Agreement with Princess Anne Village, LLC for the Construction of  6.I.a Packet Pg. 33 Attachment: Ordinance Authorizing the Execution of a Cost Participation Agreement with Princess Anne Village, LLC for the Construction of  6.I.a Packet Pg. 34 Attachment: Ordinance to?Accept and?Appropriate?Grant Funds to Develop a Broadband Adoption and Affordability Plan and to Authorize a  6.I.a Packet Pg. 35 Attachment: Ordinance to?Accept and?Appropriate?Grant Funds to Develop a Broadband Adoption and Affordability Plan and to Authorize a  6.I.a Packet Pg. 36 Attachment: Ordinance to Appropriate Funds to Provide a Grant Match to Hampton Roads Transit for a Microtransit Project (4138 : Ordinance  6.I.a Packet Pg. 37 Attachment: Ordinance to Appropriate Funds to Provide a Grant Match to Hampton Roads Transit for a Microtransit Project (4138 : Ordinance  BONNEY G. BRIGHT / ROSANNE BRIGHT RAY SELF- SETTLED SPECIAL NEEDS TRUST FOR A VARIANCE TO SECTION 4.4(B) OF THE SUBDIVISION REGULATIONS RE CREATE TWO LOTS AT 5649 & 5605 BUZZARD NECK ROAD DISTRICT 2 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 38  6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BONNEY G. BRIGHT [Applicant] ROSEANNE BRIGHT RAY SELF-SETTLED SPECIAL NEEDS TRUST [Property Owner] Subdivision Variance (Variance to Section 4.4(b) of the Subdivision Regulations for lot size and lot width) for the property located at 5649 & 5605 Buzzard Neck Road (GPIN 23084522480000). COUNCIL DISTRICT 2 (Henley) MEETING DATE: August 20, 2024  Background: The applicant plans to create two lots, one of which will not meet the minimum dimensional standards of the Agricultural Zoning District. Proposed Lot 1 will serve as a homesite for the existing dwelling at 5649 Buzzard Neck Road and a nearby mobile home. This 6.3 acre lot will be completely within the floodplain subject to special restrictions, which the Zoning Ordinance does not allow to be included in lot area or width calculations. Therefore, the lot would be considered to have a lot area of 0 acres and a lot width of 0 feet, necessitating the need for a subdivision variance. Proposed Lot 2, on the other hand, will meet the minimum Zoning requirements as a non-residential lot as it has 630 feet of lot width and 5.3 acres of area outside of the floodplain. The owner is removing the single-family dwelling located at 5605 Buzzard Neck to allow this application to meet the density requirements of the Agricultural District  Considerations: The neighboring North Landing River and the floodplain extending from it are physical features that only a few lots in this area must account for in terms of lot dimensions. The existing parcel contains 5.3 acres outside of the floodplain which does provide enough area for both a minimum 1-acre residential lot and a minimum 3-acre non-residential lot as proposed by this application. Due to these qualifying lands largely being on the north side of the lot, it creates a challenge for the dwelling located to the south which was constructed in 1957, prior to the implementation of regulations regarding the floodplain subject to special restriction which have made platting a homesite for its location more difficult. 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 July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Packet Pg. 39  6.J.a Bonney G. Bright Page 2 of 2 Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs 1. When the property is developed, it shall be developed substantially as shown on the exhibit entitled, “Subdivision of Property of The Rosanne Bright Ray Self-Settled Needs Trust on Buzzard Neck Road”, prepared by Warren & Associates, PC, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. Lot 1 is entirely within the Floodplain Subject to Special Restriction. A note must be included on the Final Plat, stating, “Appendix K, City Code, Section 4.10 does not allow new residential structures to be located in the floodplain subject to special restrictions on lots created after October 23, 2001. A floodplain variance will be required for any future redevelopment on Lot 1. Lot 1 is approved for one single-family dwelling only.” 3. The single-family dwelling addressed as 5605 Buzzard Neck Road must be removed prior to recordation of the final plat. A note must be included on the Final Plat, stating, “Lot 2 is not a residential building site and is created as per section 402(c) of the City Zoning Ordinance, for uses other than dwellings in keeping with the provisions of the AG-1 and AG-2 Zoning Districts.”  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. 40  6.J.a Applicant Bonney G. Bright Agenda Item Property Owner Roseanne Bright Ray Self-Settled Special 13 Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs Needs Trust Planning Commission Public Hearing July 10, 2024 City Council District 2 (Henley) Request Subdivision Variance (Variance to Section 4.4(b) of the Subdivision Regulations for lot size and lot width) Staff Recommendation Approval Staff Planner Aubrey Trebilcock Location 5649 & 5605 Buzzard Neck Road GPIN 23084522480000 Site Size 19.613 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling, cultivated field / AG-1 & AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Single-family dwelling, cultivated field / AG-1 & AG-2 Agricultural South Single-family dwelling / AG-1 & AG-2 Agricultural East Buzzard Neck Road Cultivated field / AG-1 & AG-2 Agricultural West North Landing River Bonney G. Bright Agenda Item 13 PacketPage Pg.141  6.J.a Background & Summary of Proposal Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs • The subject property was created by deed under Instrument Number 200300102592 on July 8, 2003. This constituted an improper subdivision of land as a subdivision plat is required to legally separate the parcel. • The property is located within the AG-1 and AG-2 Agricultural Zoning Districts, which require a minimum of 1 acre in lot size and 150 feet in lot width for residential lots. Non-residential lots require a minimum of 3 acres in lot size and 150 feet in lot width. There is a maximum allowable residential density of one single-family dwelling per 15 acres of land described in the Comprehensive Plan as soil area #1 and soil area #2 [Zoning Ordinance, Section 402]. • The subject parcel is 19.6 acres in total area, however, only 5.3 acres of this lies outside of the wetlands and floodplain subject to special restriction on the site. The Zoning Ordinance only permits land outside of water, marsh, wetlands, and the floodplain subject to special restriction to be counted in lot dimension calculations, such as lot area and lot width. • Two single-family dwellings and a mobile home currently exist on the parcel. Both single-family dwellings were constructed in 1957. The mobile home was installed in 1978 without permitting. The dwelling addressed as 5649 Buzzard Neck Road and the mobile home, which the applicant wishes to retain, are completely within the floodplain subject to special restriction. The two-story dwelling to the north, addressed as 5605 Buzzard Neck Road, is planned to be removed. • A mobile home is allowed as an accessory use within Agricultural Zoning Districts through the granting of a permit in accordance with Chapter 19 of the City Code. The applicant intends to apply for a permit for this structure to bring the use into compliance. • This application seeks to create two lots. Lot 1 will serve as a homesite for the existing dwelling at 5649 Buzzard Neck Road. This planned lot is completely within the floodplain subject to special restrictions and therefore would have a lot area of 0 acres and a lot width of 0 feet, necessitating the need for a subdivision variance. Lot 2 is planned as non-residential lot to allow this application to meet the density requirements of the Agricultural District. This lot will meet the dimensional standards of the Agricultural Zoning for a non-residential lot. • Lot 2 is planned to be sold to the neighboring property owner and applicant, Bonney G. Bright, for an agricultural use and future application for enrollment in the Agricultural Reserve Program (ARP). Existing Total Existing Lot Lot Area Outside Water, Marsh, Wetlands, Floodplain Existing Lot Area (acres) Width (feet) Subject to Special Restriction (acres) Property of Roseanne Bright Ray Self-Settled 19.6 630 5.3 Needs Trust Total Area Proposed Lot Proposed Lot Area Outside Water, Marsh, Wetlands, Proposed Lots (acres) Width (feet) Floodplain Subject to Special Restriction (acres) Lot 1 (residential) 6.2 0* 0* Lot 2 (non-residential) 13.4 630 5.3 AG1 & AG-2 Zoning Total Area Lot Width Lot Area Outside Water, Marsh, Wetlands, Floodplain Requirements (acres) (feet) Subject to Special Restriction (acres) Residential 1 150 1 Non-Residential 3 150 3 Bonney G. Bright Agenda Item 13 PacketPage Pg.242  6.J.a 1 Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs Zoning History # Request 1 SVR (Minimum Road Frontage) Approved 09/26/1995 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 Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The intention of this application is to create two lots. Proposed Lot 1 is to remain a residential homesite for the existing single-family dwelling addressed as 5649 Buzzard Neck Road and the nearby mobile home. Proposed Lot 2 would be sold to the neighboring property owner and applicant, Bonney G. Bright, for an agricultural use and future application for enrollment in the Agricultural Reserve Program (ARP). The existing parcel contains 19.6 acres of total area, however, only 5.3 acres is outside of the floodplain subject to special restriction. These 5.3 acres are all at the northern end of the property while the single-family dwelling at 5649 Buzzard Road, and proposed Lot 1, is to the south and completely within the floodplain. As the floodplain subject to special restriction cannot be counted towards lot dimension requirements per the Zoning Ordinance, Lot 1 would have a lot area of 0 acres and a lot width of 0 feet, necessitating the need for a variance. Bonney G. Bright Agenda Item 13 PacketPage Pg.343  6.J.a It is necessary to evaluate whether this application meets the Subdivision Regulations’ definition of a hardship, as described above, and whether it will comply with the density requirements of the Agricultural Zoning District. The neighboring North Landing River and the floodplain extending from it are physical characteristics that only a few lots in Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs this area must account for in terms of lot dimensions. The existing parcel contains 5.3 acres outside of the floodplain which does provide enough area for both a minimum 1-acre residential lot and a minimum 3-acre non-residential lot as proposed by this application, but due to largely being on the north side of the lot, creates a challenge for the dwelling located to the south. The dwelling to remain was constructed in 1957, prior to the implementation of regulations regarding the floodplain subject to special restriction which have made platting a homesite for its location more difficult. Today, dwellings constructed after October 23, 2001, are not permitted to be constructed within the floodplain subject to special restriction without being granted a floodplain variance. To support this subdivision variance request, Staff is recommending a condition that a note be included on the final plat indicating the need for a floodplain variance for any future residential structures on Lot 1. Staff is also recommending a condition that the single-family dwelling addressed as 5605 Buzzard Neck Road be removed and that Lot 2 only be used for non-residential purposes to allow this proposal to comply with the density requirements of the AG-1 and AG-2 Agricultural Zoning Districts, It is Staff’s determination that this application does meet the five findings of fact for Council authorization of a variance and, with the recommended conditions, would create a more conforming use of the property. Recommended Conditions 1. When the property is developed, it shall be developed substantially as shown on the exhibit entitled, “Subdivision of Property of The Rosanne Bright Ray Self-Settled Needs Trust on Buzzard Neck Road”, prepared by Warren & Associates, PC, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. Lot 1 is entirely within the Floodplain Subject to Special Restriction. A note must be included on the Final Plat, stating, “Appendix K, City Code, Section 4.10 does not allow new residential structures to be located in the floodplain subject to special restrictions on lots created after October 23, 2001. A floodplain variance will be required for any future redevelopment on Lot 1. Lot 1 is approved for one single-family dwelling only.” 3. The single-family dwelling addressed as 5605 Buzzard Neck Road must be removed prior to recordation of the final plat. A note must be included on the Final Plat, stating, “Lot 2 is not a residential building site and is created as per section 402(c) of the City Zoning Ordinance, for uses other than dwellings in keeping with the provisions of the AG-1 and AG-2 Zoning Districts.” 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 Rural Area. The Rural Area is located in the southern half of the city, south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide Bonney G. Bright Agenda Item 13 PacketPage Pg.444  6.J.a floodplains and altered drainage with a presence of agricultural and rural-related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all our valuable environmental, scenic, and agricultural resources against Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs inappropriate activities and intense growth. Successful rural residential developments do not dominate, but rather, complement the setting and showcase the attractiveness of the natural surrounding countryside. 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. 5605 Buzzard Neck Road, the dwelling proposed to be demolished, was surveyed in the 2019 as part of the Historic Architectural Resource Survey Update City of Virginia Beach, Virginia, Southern Half. The surveyor recommended the building as “ineligible” for listing in the National Register of Historic Places, though it was noted the site was historically used as a baptizing site for Oak Grove Baptist Church. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 20 ADT Buzzard Neck Road No Data Available No Data Available Proposed Land Use 3 – 10 ADT 1 Average Daily Trips 2 as defined by a single-family 3 4 as defined by two single-family LOS = Level of Service dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Buzzard Neck Road is considered a two-lane rural roadway. There is no CIP project slated for this roadway. Public Utility Impacts Water City water is unavailable. Sewer City sanitary sewer is unavailable. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 10, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 26, 2024 and July 3, 2024. Bonney G. Bright Agenda Item 13 PacketPage Pg.545  6.J.a • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 24, 2024. Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs • 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 July 3, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Bonney G. Bright Agenda Item 13 PacketPage Pg.646  Existing Site Layout Bonney G. Bright Agenda Item 13 PacketPage Pg.747 6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs  Proposed Subdivision Bonney G. Bright Agenda Item 13 PacketPage Pg.848 6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs  6.J.a Dwelling Unit Locations Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs 0 Buzzard Neck Rd. SF welling anufactured Home 4 Buzzard Neck Rd. SF welling Bonney G. Bright Agenda Item 13 PacketPage Pg.949  Floodplain Subject to Special Restriction Bonney G. Bright Agenda Item 13 Page Packet Pg.1050 6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs  Site Photos Bonney G. Bright Agenda Item 13 Page Packet Pg.1151 6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs  Site Photos Bonney G. Bright Agenda Item 13 Page Packet Pg.1252 6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs  Disclosure Statement Bonney G. Bright Agenda Item 13 Page Packet Pg.1353 6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs  Disclosure Statement Bonney G. Bright Agenda Item 13 Page Packet Pg.1454 6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs  Disclosure Statement Bonney G. Bright Agenda Item 13 Page Packet Pg.1555 6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs  Disclosure Statement Bonney G. Bright Agenda Item 13 Page Packet Pg.1656 6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs  Disclosure Statement Bonney G. Bright Agenda Item 13 Page Packet Pg.1757 6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs  Disclosure Statement Bonney G. Bright Agenda Item 13 Page Packet Pg.1858 6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs  6.J.a Next Steps Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs • 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. Bonney G. Bright Agenda Item 13 Page Packet Pg.1959  6.J.a AG2 AG1 AG1 Ne Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne ck Ro ad AG2 AG2 Bu zz ard AG2 AG1 AG1 AG1 AG2 AG1 Site Property Polygons Zoning Building Bonney G. Bright 5649 Buzzard Neck Road μ Feet Packet Pg. 60 0 100200 400 600 800 1,0001,200  6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 13 Bonney Bright Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Item #13, Bonney Bright. Mr. Bourdon: For the record, Eddie Bourdon, Virginia Beach Attorney representing Bonney Bright. The owner of the property is Roseanne Bright Ray. They are cousins. The house on this property was built in, it was built 67 years ago. We didn't have a floodplain subject to special restrictions until 24 or 25 years ago. It was either 1999 or 2000. So, the house is not flooded and the situation because the conversation in the informal is not at all unique to the southern part of the city. All right. There are scores even hundreds of houses that were built before 2000 that are in floodplains subject to special restrictions. So it's not an unusual circumstance at all. As staff has said, we're tearing down a house on the larger parcel that will be put in the ARP Program. Mr. Bright farms all the property around there, including he's been farming this property as well for many, many decades. The three conditions as recommended by staff are acceptable, and we appreciate being on the consent agenda. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Mauch to read this into the record. Mr. Mauch: The subject property was created by deed on July 8 th, 2003. This constituted an improper subdivision of land as a subdivision plat is required to legally separate the parcels. The application seeks to create two lots. Lot 1, will serve as a home site for the existing Packet Pg. 61  6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs dwelling at 5649 Buzzard Neck Road. Lot 2, is planned to be sold to the neighboring property owner and applicant for an agricultural use and future application for enrolment in the Agricultural Reserve Program. For these reasons, we ask for this agenda item to be placed on the consent agenda. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the city. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, item #10 for reason stated in the letter that I've provided to the city attorney. Packet Pg. 62  6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #four, one abstention on #10, and one abstention on item #14, agenda items #1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. When the property is developed, it shall be developed substantially as shown on the exhibit entitled, “Subdivision of Property of The Rosanne Bright Ray Self-Settled Needs Trust on Buzzard Neck Road”, prepared by Warren & Associates, PC, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. Lot 1 is entirely within the Floodplain Subject to Special Restriction. A note must be included on the Final Plat, stating, “Appendix K, City Code, Section 4.10 does not allow new residential structures to be located in the floodplain subject to special restrictions on lots created after October 23, 2001. A floodplain variance will be required for any future redevelopment on Lot 1. Lot 1 is approved for one single- family dwelling only.” 3. The single-family dwelling addressed as 5605 Buzzard Neck Road must be removed prior to recordation of the final plat. A note must be included on the Final Plat, stating, “Lot 2 is not a residential building site and is created as per section 402(c) of the City Zoning Ordinance, for uses other than dwellings in keeping with the provisions of the AG-1 and AG-2 Zoning Districts.” Packet Pg. 63  6.J.a Attachment: PLA 01_ARF Package for Bonney G. Bright (4131 : Bonney G. Bright (Applicant) Rosanne Bright Ray Self-Settled Special Needs 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. Packet Pg. 64  THALIA PLAZA, LLC FOR A CONDITIONAL CHANGE OF ZONING FROM B-2 COMMUNITY BUSINESS & R-5D RESIDENTIAL DUPLEX DISTRICT TO CONDITIONAL B-4 MIXED USE BUSINESS DISTRICT AND A VARIANCE TO SECTION 4.4(B) OF THE SUBDIVISION REGULATIONS RE REDEVELOP TWO PARCELS AND DEVELOP A 4-STORY MIXED USE BUILDING AT 4317 VIRGINIA BEACH BOULEVARD AND 216 NORTH FIR AVENUE 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. 65  6.J.a Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THALIA PLAZA, LLC [Applicant & Property Owner] Conditional Rezoning (B-2 Community Business & R-5D Residential Duplex District to Conditional B-4 Mixed Use Business District) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 4317 Virginia Beach Boulevard & 216 N. Fir Avenue (GPIN 1477857194, 1477857096). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: August 20, 2024  Background: The applicant is requesting to rezone approximately 0.44-acres from B-2 Community Business District and R-5D Residential District to Conditional B-4 Mixed Use District to redevelop two parcels with a mixed-use development consisting of retail and 8 multi-family dwelling units. A Subdivision Variance to the lot width and street line frontage requirements for the B-4 Mixed-Use District is also being requested. The property is located between the Pembroke Strategic Growth Area (SGA) and the Rosemont Strategic Growth Area (SGA) and while the property is not located within an SGA the applicant has designed the property to adhere to the SGA’s development guidelines, specifically the Special Area Development Guidelines for Urban Areas. A deviation to the setbacks is being requested to adhere to the reduced setbacks allowed in the SGAs with a front yard setback of 10 feet and side yard setback of 5 feet. The property will be developed with a 4-story mixed-use building. The first floor will have retail space with the second and third floors developed with 8, two-bedroom residential units (four apartments per floor). The fourth floor will provide amenity space for residents, including a recreation room and storage space. A 683-square- foot roof deck is also proposed as additional amenity space. The exterior façade will consist of neutral color palette and at its tallest point the building will be 44 feet and 6 inches in height; however, the proposed rear building height adjacent to neighboring residences is 33 feet and 6 inches meeting the 35- foot maximum height requirement for within 100 feet of a residential district. All parking is met on site. Additionally, the site meets all landscaping requirements to include street frontage, building foundation, and interior parking lot landscaping, as well as a 15-foot-wide buffer with Category IV plantings along the southern and southeastern property line facing adjoining residential properties and a 10-foot- wide Category I landscape buffer along the eastern property line. Packet Pg. 66  6.J.a Thalia Plaza, LLC Page 2 of 4 Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 A Subdivision Variance is requested for the deficiency in lot width and street line frontage. 200 feet of lot width and 160 feet of street line is required, where only 120 feet is provided for both. Additionally, the applicant is requesting a deviation to the lot area requirements through the provisions of Section 107(i) of the Zoning Ordinance. The required minimum lot area is 40,000 square feet in the B-4 Mixed District for this type of development and the proposed lot area is 19,234 square feet.  Considerations: The proposal will contribute to the quality of the surrounding area by replacing a vacant restaurant building with a new building that reflects the recommendations for the Strategic Growth Areas (SGAs) and the Special Area Development Guidelines for Urban Areas. The variance requests to lot width and street line frontage requirements are compliant with the conditions of Section 9.3 of the Subdivision Regulations and consistent with the Comprehensive Plan’s vision for the Suburban Area. Staff and the Planning Commission concurred that the deviations to the lot area, setbacks, and variance request to lot width and street line frontage are acceptable, as the use will not negatively impact surrounding properties but rather will improve the aesthetics of the site with a development that provides not only retail opportunities for neighboring properties but quality housing for citizens of Virginia Beach. The Conceptual Site Layout Plan submitted to the Planning Commission displayed a 22-foot-wide entrance along N. Fir Avenue. This does not meet the Public Works Design Standards Manual which requires a width of 30 feet at the point of tangent in the entrance. The applicant, as noted in the Staff Report, made plans to revise the plan between Planning Commission and City Council to ensure that the commercial entrance is in full compliance with the Public Works Design Standards. The plan was updated to meet this requirement, is included as an attachment, and was submitted prior to the proffer deadline of 10 days prior to City Council. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. One letter of opposition was received from an adjacent property owner with concerns regarding how the development will affect their property values.  Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. PROFFERS Proffer 1: When the Property is developed, the entrance, streets, landscaping, and fencing shall be substantially in accordance with the “CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA”, dated 03/13/2024 07/12/2024, Packet Pg. 67  6.J.a Thalia Plaza, LLC Page 3 of 4 Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning (“Concept Plan”), and is incorporated herein by reference. Proffer 2: When the Property is developed, the building shall be substantially in accordance with the exhibit dated 02/28/2024, prepared by reich design associates p.l.c., which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning (“Building and Elevations”), and is incorporated herein by reference. Proffer 3: There will be no more than one (1) enclosed building as depicted on the Concept Plan. Proffer 4: When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not be erected any higher than fourteen (14) feet. Proffer 5: When the Property is developed, the rear yard of the Property will utilize a 15’ Category IV landscaping buffer and the eastern border of the Property will utilize a 10’ Category I landscaping buffer. Proffer 6: When the Property is developed, the facility will include the number of parking spaces depicted on the Concept Plan. Proffer 7: When the Property is developed, all signage will adhere to the requirements of the Zoning Ordinance, unless a variance is approved by the City of Virginia Beach Board of Zoning Appeals. Proffer 8: When the Property is developed, a dumpster enclosure will be located in the southeastern corner of the parking lot; the materials of the dumpster enclosure will be CMU block construction; the color of the dumpster enclosure will match the color of the proposed building; and the dumpster enclosure will be surrounding by the required landscaping plantings, as depicted on the Concept Plan. Proffer 9: Further conditions may be required by the Grantee during the detailed review of the concept Plan and Buildings and Elevations and administration of applicable Packet Pg. 68  6.J.a Thalia Plaza, LLC Page 4 of 4 Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditions for Subdivision Variance 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 “CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA”, prepared by Orbis Landscape Architecture, dated March 13, 2024 July 12, 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. The interior property lines shall be vacated. 3. As depicted on the proffered conceptual site plan, the property lines at the street intersection of Virginia Beach Boulevard and N. Fir Avenue shall be rounded with a minimum radius of twenty (20) feet.  Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter of Opposition (1) REVISED Conceptual Site Layout plan dated 07.12.2024 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 69  6.J.a Applicant & Property Owner Thalia Plaza, LLC Agenda Items 2&3 Planning Commission Public Hearing July 10, 2024 Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 City Council District 4 (Ross-Hammond) Request Conditional Rezoning (B-2 Community Business & R-5D Residential Duplex District to Conditional B-4 Mixed Use Business District) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 4317 Virginia Beach Boulevard & 216 N. Fir Avenue GPINs 1477857194, 1477857096 Site Size 0.44 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant retail building, Single-family dwelling / B-2 Community Business, R-5D Residential Surrounding Land Uses and Zoning Districts North Virginia Beach Boulevard Retail, Automobile Repair Garage / B-2 Community Business South Single-family dwelling / R-5D Residential East Office, single-family dwellings / O-1 Office, R-5D Residential West N. Fir Avenue Religious Use/ R-5D Residential Thalia Plaza, LLC Agenda Items 2 & 3 Page 1 Packet Pg. 70  6.J.a Background & Summary of Proposal Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 • The applicant is requesting to rezone approximately 0.44-acres (19,234 square feet) from B-2 Community Business District and R-5D Residential District to Conditional B-4 Mixed Use District to redevelop two parcels with a mixed-use development consisting of retail and eight multi-family dwelling units. The applicant is also requesting a Subdivision Variance to the lot width and street line frontage requirements for the B-4 Mixed Use District. • The property is located on the southeast corner of the intersection of Virginia Beach Boulevard and N. Fir Avenue between the Pembroke Strategic Growth Area (SGA) and the Rosemont Strategic Growth Area (SGA). While the property is not located within an SGA, the applicant has designed the property to adhere to SGA’s development design guidelines, specifically the Special Area Development Guidelines for Urban Areas. • The Special Area Development Guidelines for Urban Areas include design recommendations that address setbacks, building location, access and circulation, parking areas, landscaping, natural features, stormwater management as landscaping features, lighting, signs, and outdoor art. A summary of how the proposal addresses each guideline is provided below in the Evaluation section of this report. • The site will be developed with a four-story mixed-use building. The first floor will be used for retail space and will house the main lobby to include an elevator, stairs, and atrium. The second and third floors will be developed with eight, two-bedroom residential units (four apartment units per floor) and the fourth floor will provide amenity space for the residents, including a recreation room and storage space. A 683-square-foot roof deck is also proposed as additional amenity space for the residents. • As depicted on the proffered building elevations, the exterior façade will consist of a neutral color palette with brick veneer, fiber cement wall panels, and glass. At the tallest point, the building will be 44 feet and six inches in height; however, the proposed rear building height adjacent to the neighboring residences, is 33 feet and six inches, meeting the 35-foot maximum height required within 100 feet of a residential district. • The conceptual site plan depicts a total of 26 parking spaces. Per the Zoning Ordinance, one space for 250 square feet is required for the retail use. With 2,500 square feet of floor area, 10 spaces are provided, as required. Also, two parking spaces are provided for each unit of the eight apartment units, thereby meeting the parking requirement with 16 spaces. As required, per Section 203(b)(12) of the Zoning Ordinance, five bicycle spaces are required for this development and eight bicycle spaces have been provided, exceeding this requirement by three bicycle spaces. • As proffered, the Conceptual Site Plan shows the required street frontage, building foundation, and interior parking lot landscaping. The plan also depicts a 15-foot-wide buffer with Category IV plantings along the southern and southeastern property lines to screen the site from the adjoining residential properties, as well as a 10-foot-wide Category I landscape buffer along the eastern property line adjacent to the O-1 Office zoned property. • A Subdivision Variance is requested for the deficiency in lot width and street line frontage. The applicant is also requesting a deviation to the lot area requirements through the provisions of Section 107(i) of the Zoning Ordinance. Required Proposed Required Proposed Required Proposed Proposed Lots Minimum Lot Street Line Street Line Minimum Lot Area (interior lot line to be vacated) Lot Width Width Frontage Frontage Lot Area (square feet) (feet) (feet) (feet) (feet) (square feet) 4317 Virginia Beach Boulevard 200 120* 160 120* 40,000 19,234* 216 N. Fir Avenue *Variance/Deviation Requested Thalia Plaza, LLC Agenda Items 2 & 3 Page 2 Packet Pg. 71  6.J.a • A Phase I Environmental Site Assessment (ESA) was provided by Map Environmental Inc, dated April 12, 2024. The Phase I Environmental Site Assessment revealed that there are no current or pending environmental enforcement activities on the property, as well as no evidence of Recognized Environmental Conditions (REC), Historical Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Recognized Environmental Conditions (HRECs), Controlled Recognized Environmental Conditions (CRECs), and Vapor Encroachment Conditions (VECs) on this property. It was determined that based on Map Environmental Inc findings the subject property does not pose a significant risk to human health or the environment. 1 Zoning History # Request 1 CUP (Automobile Repair Garage) Approved 06/20/2018 CUP (Automotive Repair) Approved 07/10/2012 2 3 CUP (Automobile Service Station) Approved 01/25/1994 REZ (RS-4 & T-2 to CG-1) Approved 07/08/1963 2 CUP (Church Expansion) Approved 07/02/2002 CUP (Church) Approved 09/08/1998 CUP (Church) Approved 05/22/1978 3 CRZ (R-5D to Conditional O-1) Approved 03/25/1997 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The requests to conditionally rezone these parcels, totaling 0.44-acres, from B-2 Community Business and R-5D Residential to Conditional B-4 Mixed Use District for the construction of a mixed-use development with retail and multi- family dwellings, as well as a Subdivision Variance to lot area, lot width, and street line frontage, are acceptable. In Staff’s opinion, the proposal will contribute to the quality of the surrounding area by replacing a vacant restaurant building with a new building that reflects the recommendations for the Strategic Growth Areas (SGAs) and the Special Area Development Guidelines for Urban Areas. Given that the property is highly visible along Virginia Beach Boulevard and is in close proximity to the Pembroke SGA to the west and the Rosemont SGA to the east, the applicant ensured that the elements of building design, site layout, pedestrian orientation, and landscaping were at the forefront of the planning process for this development. Although the site is not within an SGA, the applicant worked with Staff to provide a site layout and building design that contributes to an overall consistent character throughout this corridor and that would serve as a link between the two SGAs. The applicant is requesting a deviation to the front yard and side yard setbacks to align with the recommendations of the SGA to which Staff is amendable to the deviation request since the property is located within the approximately 0.5 mil gap between the two SGAs. As stated previously, the Special Area Development Guidelines for the Urban Area, adopted by reference, as part of the Comprehensive Plan’s Reference Handbook was used in the development of this site proposal. A summary of how the project addresses each guideline is provided below: Thalia Plaza, LLC Agenda Items 2 & 3 Page 3 Packet Pg. 72  6.J.a Setbacks and Building Location – This Guideline recommends buildings be placed close to the pedestrian street and that parking, loading, and service areas are sufficiently screened from view of the public right-of way. While the provisions of Section 283 which allow for reduced setbacks for properties located within an SGA that adhere to the design features Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 outlined in Section 283 (c) do not apply to the subject property, staff is supportive of the requested deviations to the front and side-yard setback since the site is located within the 0.5-mile gap between the Pembroke and Rosemont SGAs. All setback requirements have been met. Access and Circulation – This Guideline addresses the ease by which one can leisurely walk throughout the area whereby reliance on automobiles is reduced. The site layout for this project is designed to allow pedestrians to easily enter and exit the site and the building using the sidewalks. There are existing sidewalks along Virginia Beach Boulevard and N. Fir Avenue. The sidewalks along N. Fir will be at least 5-feet wide and will be extended to the southern property line of the proposed development. Bicycle spaces have also been provided on-site. Parking Areas – As indicated in this Guideline, parking areas should not dominate the frontage of streets. Off-street parking areas should be located behind or on the side of buildings and should create an internal circulation network that minimizes or eliminates curb cuts. To address this Guideline, the parking lot for this development is located behind the building with several spaces provided under the building overhang. There is an existing ingress/egress point along Virginia Beach Boulevard and two ingress/egress points along N. Fir Avenue for these existing lots. To increase pedestrian and vehicular safety and to comply with the guidelines for the SGA, only one ingress/egress point will be provided for this development, along N. Fir Avenue, reducing ingress/egress access points from three to one. Landscaping – This Guideline emphasizes the need for quality landscaping to be provided in the built urban environment. The Conceptual Site Plan depicts the required building foundation, street frontage, and interior parking lot plants. As required by the Zoning Ordinance, a 15-foot-wide Category IV buffer is proposed along the southern and southeastern property lines adjacent to the adjoining residential properties and a 10-foot-wide Category I buffer provided adjacent to the O-1 parcel to east. Natural Features – This Guideline recommends that undisturbed natural areas and important natural features be identified during the design process. Since this is a relatively small site which contains a significant amount of existing impervious cover, the proposed redevelopment does not include retention of the existing undisturbed natural areas; however, the proposed development does include a substantial amount of new landscaping as previously described. Stormwater Management as Landscaping Features – This Guideline encourages stormwater retention and detention systems be designed as open space or landscape amenities. As depicted on the plan, a stormwater vault is proposed on this site to address water quality and quantity on site, as well as the purchase of nutrient credits, instead of a typical stormwater BMP. The proposed stormwater vault will be approximately 7-feet deep with only about 2.5 feet of exposed wall at the sidewalk. The structure will be constructed of concrete and from the sidewalk level is intended to function as a seat wall. Lighting – This Guideline indicates that site lighting be designed to reduce light trespass and glare. The proposed site is deemed to be consistent with the lighting guidelines, as lighting is proposed to reduce glare and trespass as noted in Proffer 4. A Photometric lighting plan will be required during site plan review to ensure the proposed lighting satisfies the requirements of Sections 252 and 254 of the Zoning Ordinance. Signs – As indicated in this Guideline, signs should primarily serve to identify the name, street number and nature of a business. The color and theme of signs should be consistent with the primary building and surrounding area and should be in compliance with the Zoning Ordinance. While the retail tenants have not be finalized as this time, all proposed signage must adhere to the requirements set forth in the Zoning Ordinance. There is no freestanding signage proposed for this development. Thalia Plaza, LLC Agenda Items 2 & 3 Page 4 Packet Pg. 73  6.J.a Outdoor Art – This Guideline encourages the incorporation of outdoor art into the overall design of a project. The proposed Conceptual Layout Plan does not indicate any outdoor art for this site at this time. Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 In sum, the applicant revised the plan to pull the building closer to the street and relocated the parking areas behind the building, so that parking is not a prominent feature seen from Virginia Beach Boulevard. In addition, the applicant submitted a quality landscape plan depicting the required 15-foot wide Category IV buffering adjacent to the residential properties to the southern and southeastern property lines, as well as a 10-foot wide Category I buffer adjacent to the office uses to the east; minimized unnecessary curb cuts along Virginia Beach Boulevard and N. Fir Avenue; and eliminated parking between the building and the street, ultimately enhancing the view from the public right-of-way. As presented, Staff believes these topics have been addressed in an acceptable manner through a logical site layout with improved ingress/egress, quality architecture, and landscaping. Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff finds the variance requests to the lot width and street line frontage requirements 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. In the B-4 Mixed Use Zoning District, a minimum 100 feet of lot width and 80 feet of street line frontage is required for commercial developments; however, since this property will be developed with retail and multi-family dwellings, the most stringent regulations shall apply. Multi-family dwellings within the B-4 Mixed-Use District requires a minimum 200 feet of lot width and 160 feet of street line frontage. This property is deficient by 80 feet of lot width and 40 feet of street line frontage. In addition, the applicant is requesting a deviation to the required lot area requirements through the provisions of Section 107(i) of the Zoning Ordinance, which allows City Council to grant deviations if “for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties.” Per the Zoning Ordinance, 40,000 square feet of lot area is required for multifamily developments in the B-4 Mixed-Use District. As required by Section 4.1(j) of Subdivision Regulations, street intersections shall be rounded with a minimum radius of twenty feet. The corner rounding shown at the northwest corner reduces the lot area by 86 square feet. With the corner rounding, the subject site will have a lot size of 19,234 square feet (.44-acres), which is just shy of the 20,000 square foot minimum lot area required for commercial development in the B-4 Mixed-Use District. In Staff’s view, the deviation to the lot area, the front yard and side yard setbacks, and variances to the lot width and street line frontage requirements are acceptable. Staff believes that while the site may be deficient in the lot area, front and side yard setbacks, lot width, and street line frontage requirements, the site does align with many of the key components of the Special Area Development Guidelines for Urban Areas and the City’s Zoning Ordinance, as the site utilizes a lot coverage percentage of 69.3% which is below the 75% maximum, all parking is met on site for both the retail businesses and the multi-family dwellings, and the site provides the required landscape buffering adjacent to both the residential properties to south and the office use to the east. While the site does not meet the dimensional Thalia Plaza, LLC Agenda Items 2 & 3 Page 5 Packet Pg. 74  6.J.a requirements that are more stringent for multi-family dwellings, the development does comply with the less stringent requirements for lot width and street line frontage for commercial developments and is only short 766 square feet of the minimum lot area requirement for commercial developments. Similarly, since this is a redevelopment project for Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 existing parcels, the applicant is limited by the dimensions and characteristics of the existing parcels. These deviations, in Staff’s opinion, will not negatively impact surrounding properties but rather will improve the aesthetics of the site with a development that provides not only retail opportunities for neighboring properties but quality housing for citizens of Virginia Beach. Information provided by the Virginia Beach City Public School Staff indicates that the anticipated increase in student enrollment due to the new dwelling units will be minimal with only a total of two students: one student at the elementary school level and one student at high school level. The increase in student population will be below maximum occupancy levels. Based on this, the proposal is not expected to negatively impact the school population. It is the opinion of the city’s Traffic Engineering Staff that the traffic generated by the proposed development will result in 190 average daily trips. According to Public Works staff, Virginia Beach Boulevard and N. Fir Avenue have adequate capacity to support the proposed development. The proposed access point along N. Fir Avenue must meet the Public Works Design Standards Manual (PWDSM) for a commercial entrance. Section 3.9.C of the PWDSM states “Commercial entrances will have a width of 30 feet at the point of tangent in the entrance”. The proposed conceptual site plan shows an entrance width of only 22 feet. To address this, the applicant will revise the plan between Planning Commission and City Council to ensure that the commercial entrance is in full compliance with the Public Works Design Standards. This site is located in the Chesapeake Bay watershed and a narrative was provided by the applicant that indicates the intention to address water quality and quantity through a structural stormwater vault and the purchase of nutrient credits. An in-depth review of the stormwater management strategy will occur during the site plan review process to ensure compliance with all stormwater regulations and that no negative impacts will occur upstream or downstream as a result of this development. Based on these considerations above, Staff recommends approval of these requests subject to the proffers and conditions 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: When the Property is developed, the entrance, streets, landscaping, and fencing shall be substantially in accordance with the “CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA”, dated 03/13/2024 07/12/2024, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning (“Concept Plan”), and is incorporated herein by reference. Proffer 2: When the Property is developed, the building shall be substantially in accordance with the exhibit dated 02/28/2024, prepared by reich design associates p.l.c., which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning (“Building and Elevations”), and is incorporated herein by reference. Proffer 3: There will be no more than one (1) enclosed building as depicted on the Concept Plan. Thalia Plaza, LLC Agenda Items 2 & 3 Page 6 Packet Pg. 75  6.J.a Proffer 4: When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 be erected any higher than fourteen (14) feet. Proffer 5: When the Property is developed, the rear yard of the Property will utilize a 15’ Category IV landscaping buffer and the eastern border of the Property will utilize a 10’ Category I landscaping buffer. Proffer 6: When the Property is developed, the facility will include the number of parking spaces depicted on the Concept Plan. Proffer 7: When the Property is developed, all signage will adhere to the requirements of the Zoning Ordinance, unless a variance is approved by the City of Virginia Beach Board of Zoning Appeals. Proffer 8: When the Property is developed, a dumpster enclosure will be located in the southeastern corner of the parking lot; the materials of the dumpster enclosure will be CMU block construction; the color of the dumpster enclosure will match the color of the proposed building; and the dumpster enclosure will be surrounding by the required landscaping plantings, as depicted on the Concept Plan. Proffer 9: Further conditions may be required by the Grantee during the detailed review of the concept Plan and Buildings and Elevations 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. Recommended Conditions for SVR 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 “CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA”, prepared by Orbis Landscape Architecture, dated March 13, 2024 July 12, 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. The interior property lines shall be vacated. 3. As depicted on the proffered conceptual site plan, the property lines at the street intersection of Virginia Beach Boulevard and N. Fir Avenue shall be rounded with a minimum radius of twenty (20) feet. 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. Thalia Plaza, LLC Agenda Items 2 & 3 Page 7 Packet Pg. 76  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: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 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. Based on the Comprehensive Plan Policy Document, a mixed-use development at this location within the Suburban Area is compatible with recommendations (pg.1-60). The adjacent residential subdivisions currently have a mix of single- family dwellings and apartment complexes. This mixed-use commercial and residential development would be compatible with the surrounding area, as it is abiding by SGA’s development design guidelines. The location of the property along Virginia Beach Boulevard, is in close proximity to Pembroke SGA and the Rosemont SGA, and connection to the future VB Trail from N. Fir Avenue, the design to have human-scaled street frontages and well-planned sidewalks are supported by the Comprehensive Plan Recommendations. Natural & Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 41,450 ADT1 74,000 ADT 1 (LOS 4 “D”) Existing Land Use 2 –160 ADT Proposed Land Use 3 – 190 ADT N. Fir Avenue No Data Available 9,900 ADT 1 (LOS 4 “D”) 1 Average Daily Trips 2 as defined by a 1,540 square 3 4 as defined by 2,500 square feet of LOS = Level of Service foot restaurant retail space and 8 apartment units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Blvd is an eight-lane major urban arterial road in the vicinity of this site with an approximate right-of-way width of 150 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. N. Fir Avenue is a two-lane local roadway. There are no CIP Projects scheduled in the vicinity of this site. Active Transportation Plan The Active Transportation Plan recommends the incorporation of a shared-use path along Virginia Beach Boulevard. According to the Plan, shared use paths are typically 11-feet wide or greater and provide a physical buffer from vehicle traffic. Thalia Plaza, LLC Agenda Items 2 & 3 Page 8 Packet Pg. 77  6.J.a Public Utility Impacts Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Water & Sewer There are an existing water and sanitary sewer mains along Virginia Beach Boulevard and N. Fir Avenue. The proposed mix use building will need separate metering for residential and commercial. Water and sanitary sewer must be verified and improved, if necessary, so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Thalia Elementary 577 students 621 students 1 student 1 student Independence Middle 1,189 students 1,204 students 0 students 0 students Princess Anne High 1,713 students 1,599 students 1 student 1 student 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 • The applicant reported that they met with the surrounding property owners, and no objections were raised. While the property is not located in the Thalia Civic League, the applicant’s representative reached out to the Thalia Civic League, as the site is in close proximity to the civic league boundary. While The Thalia Civic League did not have any objections to the proposed development, concerns were raised concerns regarding the graffiti on the existing vacant building which the applicant addressed immediately. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 10, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 26, 2024 and July 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 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 July 3, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Thalia Plaza, LLC Agenda Items 2 & 3 Page 9 Packet Pg. 78  Topographic Survey – Existing Conditions Thalia Plaza, LLC Agenda Items 2 & 3 Page 10 6.J.a Packet Pg. 79 Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  Proposed Conceptual Site Layout Thalia Plaza, LLC Agenda Items 2 & 3 Page 11 6.J.a Packet Pg. 80 Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  Proposed Building Elevations Thalia Plaza, LLC Agenda Items 2 & 3 Page 12 6.J.a Packet Pg. 81 Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  Proposed Building Elevations Thalia Plaza, LLC Agenda Items 2 & 3 Page 13 6.J.a Packet Pg. 82 Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  Site Photos Thalia Plaza, LLC Agenda Items 2 & 3 Page 14 6.J.a Packet Pg. 83 Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  Site Photos Thalia Plaza, LLC Agenda Items 2 & 3 Page 15 6.J.a Packet Pg. 84 Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  Disclosure Statement Thalia Plaza, LLC Agenda Items 2 & 3 Page 16 6.J.a Packet Pg. 85 Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  Disclosure Statement Armond Reich, Reich Designs Thalia Plaza, LLC Agenda Items 2 & 3 Page 17 6.J.a Packet Pg. 86 Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  X Disclosure Statement 7/31/2024 Marchelle L. Coleman Thalia Plaza, LLC Agenda Items 2 & 3 Page 18 6.J.a Packet Pg. 87 Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  6.J.a Next Steps Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 • 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. Thalia Plaza, LLC Agenda Items 2 & 3 Page 19 Packet Pg. 88  6.J.a Virginia Beach Boulevard Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Thalia Ro ad B2 B2 Fir Avenue B2 O1 R5D B2 R5D R5D Site Property Polygons Zoning Building Thalia Plaza, LLC 4317 Virginia Beach Boulevard & 216 N. Fir Avenue μ Feet Packet Pg. 89 0 1020 40 60 80 100 120  6.J.a Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 2 & # 3 Thalia Plaza, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Alcock: Yeah, agenda items #2 and #3 Thalia Plaza, LLC, a conditional rezoning request for a B2 community business district, and R-5 residential duplex district to conditional B-4 mixed use business district, and subdivision variance section 4.4B of the subdivision regulations at 4317 Virginia Beach Boulevard, and 216 North Furr Avenue in District 4. Mr. Alcaraz: Can the applicant or representative come forward? Mr. Pachta: Thank you, Mr. Chairman, Madam Vice-Chair, and members of the Planning Commission. My name is Chris Pachta. I'm a land use and zoning attorney with Wolcott Rivers Gates here in Virginia Beach. It's my privilege to represent the applicant in this case, Thalia Plaza, LLC. I want to thank the planning staff, especially on this matter, because it's taken about two or three years of coordination with the city staff. They've done a remarkable job in coordinating with our architects and engineers, and my client to coordinate a plan to put forward and eventually recommend approval by the staff. So, I want to thank them. As was alluded, this is a conditional rezoning request, and a request for subdivision variance, and this property is located in between two SGA’s, both Pembroke and Rosemont, and so to comply with comprehensive plan and the zoning ordinance, we've had to do quite a bit of research and coordination in that regard. We appreciate all the efforts. This is a mixed-use development that's being proposed. There's going to be a retail on the first floor of the building being proposed. On the second two floors, the second and third there will be residential, so four units per floor and then on top, Packet Pg. 90  6.J.a Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 a rooftop amenity space, as you'd see, in the concept plan. The parking space is being proposed exceed that which is required by the city, so 26 parking spaces, and in this area, because there's an emphasis, especially to on non-vehicular transportation there's also eight bicycle spaces. so that exceeds the five required by the ordinance. There's a building on the front of the property on the Virginia Beach Boulevard adjacent property, and then there's a single-family residence structure on the portion to the rear. That front structure has been a couple of different things over the last couple of decades. Most recently it was a Domino's Pizza and over the last couple of months when we've been engaging with the community, the Thalia Civic League has brought it to our attention, and there's been some graffiti there, which my clients have responded to rather quickly and promptly with the city and removed that. So, what they'll do is remove that building and the structure to the rear, and then propose to develop this mixed-use building. The property itself, it's two parcels adjacent to one another, and across the street on North Fir, there's a church just to the east adjacent to the site. There is a practice, a medical practice, and to the rear, there's a single-family residence. So, there's a bit of variety in terms of usage, in that corridor, in that area, some commercial, some residential, and then church. We've been coordinating for the last month and a half or so with the community, with the Thalia Civic League, which is across the street as well as the church across from North Fir the residences to the rear, and then also the practice to the east. So far, we've received no opposition from the church across the street, and in some cases, an indication from the pastor of support. We expect a formal letter in the near future. Then from the Thalia Civic League, there's been no formal mention or expression of opposition, and then the same goes for the practice to the east. To the rear there was a letter, an email sent from the owner of that property, indicating some concern or question about value of his property, and based on the Packet Pg. 91  6.J.a Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 concept plan, the current condition of the property, I think one could, could make the conclusion that it's most reasonable to expect property values, including his would increase. The concept plan was done in coordination with the city, as I mentioned, because of the location of this property, there's some more stringent requirements in terms of lot size and lot width and things, and so there's a request for a subdivision variance there. Then I also wanted to mention a couple of items that came up in the informal meeting earlier today that you wouldn't see in the staff report, but we wanted to remark on those nonetheless. The first one was about tree loss in the area. So, the city is making a concerted effort from observations in reports that I've read that. We're trying to preserve a tree canopy as a city, and so what this proposal will do is it will remove the four existing large canopy trees on site, replace them with four existing or proposed canopy trees of the same size, and then also add seven small trees. So not only will there not be a net loss in trees there'll be a net gain in tree coverage. The second item was. The active transportation plan, and so I just wanted to notify that planning commission that that will get sorted out and coordinated with the city during the site plan review process. I have my clients, the owners and operators of Thalia Plaza, LLC with me today, Patricia Mohammed Jami, and they're also happy to answer any questions, and to speak to the application. Again, thank you for the opportunity to be before you today, and we appreciate the staff's hard work on this project. Mr. Alcaraz: Alright, Mr. Pachta, just to make sure are there any speakers? There are none. Ms. Alcock: No, sir. Mr. Alcaraz: Alright. So, what I'm going to do is just ask for our commissioners to ask any questions if they have at this time. You can stay. Packet Pg. 92  6.J.a Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Ms. Byler: Thank you, Attorney Pachta, and thank you, Mr and Mrs Jami. I appreciate very much your willingness to come in, and take a vacant building, and invest your efforts and your finances to something that really, I believe, is the face of that area in the future. So, I'm excited about this project. I was concerned about those two items you just noted, and as I understood it, during the informal session, there would in fact be a net loss of trees due to this development. So, I would just like to hear someone from city staff tell me that, in fact, we're picking up an extra four trees and we're not losing any. Ms. Alcock: Commissioner Byler, I'm not sure we have that information. We weren't sure what the net loss or gain was with tree canopy based on this conceptual plan. All we could say was that the concept plan meets the landscaping requirements for the proposal, but we weren't sure the net loss or gain. So, it sounds like Representative Pachta has cleared that up. Ms. Byler: Thank you. Mr. Alcaraz: Alright. Any other questions, Mr Anderson? Mr. Anderson: Thanks for coming up. It's a really nice project. I think it's going to help the area, but it's not a question, but it's a statement that you mentioned about the graffiti. Well, as of Friday yesterday, it's still there, so it does need to be cleaned up. Mr. Pachta: Commissioner Anderson, if I may, there have been two notices. I appreciate you reminding us of that. There have been two notices in the last month, I think in the first one we addressed promptly and removed it, and we've since been noticed, I believe it was last week. Packet Pg. 93  6.J.a Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Mr. Anderson: Yeah, we were at our site visit. We talked about it, but I go by there every day, and just happen look over there on driving towards Town Center and say it. Mr. Pachta: I'm going to make two representations. One is that will be in coordination with the city on taking care of that. And two, I think that, that's also probably one of the other justifications for a proposed development like this to remove the opportunity for that. Thank you. Mr. Alcaraz: Any other questions? Mr. Mauch? Mr. Mauch: More of a statement. I just want to thank the applicants for, right now, you’re all kind of in between two SGA's, and have kind of raised the bar for the area that's there by conforming to one of the SGA standards, which goes above and beyond what you have had to do, and having a real creative use of the space. So, thank you for that. Mr. Alcaraz: Alright. Any other questions? Mr Plumlee/ Mr. Plumlee: I just wanted to ask staff a couple of questions before we wrapped up the hearing. Is currently there is a proposal to modify this application between now and council, but the determination has been made by staff, and I just want on the records been determined to be of a minor nature and does not need to be incorporated into the motion for today. Is that accurate? I believe also that it was asked earlier whether there was any tree canopy requirement currently that was any part of an overlay on this particular property, and the answer was no. Is that accurate? Ms. Alcock: Correct. There's no canopy coverage requirement. The requirements are for parking lot coverage, street frontage, building, landscaping, and then the buffering requirements. So all of that is met with this plan. Packet Pg. 94  6.J.a Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Mr. Plumlee: Thank you for clarifying that. All right. Any other questions for the applicant? Mr. Alcaraz: All right, sir. You can be seated. Thank you. At this time. I'm going to close this and ask for additional discussion or entertain a motion. Ms. Byler: I don't want to cut off any discussion. So y'all feel free to tell me it's not timely, but if there is no further discussion, I would like to make a motion that this application be approved. Mr. Alcaraz: I have a motion by Ms. Byler. Mr. Plumlee: I'll second the motion Ms. Byler, but I would like to discuss it briefly. Mr. Alcaraz: Yes. Go ahead, Mr. Plumlee. Mr. Plumlee: Thank you. I appreciate that. This is an excellent project, and we need excellent projects. I don't want folks that put all these plans together and this money behind it to be discouraged at all. I think this is what we need in this, this is one of the areas we needed in. As far as the tree canopy, I know there's some discussion of that, but I do want to be heard that if we're going to change the law of this city that we do it in a formal manner. If we're going to propose a no reduction of tree canopy, that we do it as a city, that our council approves of that, and that we not bring that upon individual applicants as an additional requirement to the approval. Otherwise, I would consider it to be an arbitrary decision that if it's not the law, that we're placing upon the applicant some additional burden that isn't part of the law. Fortunately, that is not true on this application, but I wanted to clarify because it could become an issue. If we're going to do it, then it would be this broad policy discussion. We'd pass it along as a recommendation, which I'm not necessarily opposed to and we pass it to the city council. It would be considered. and then we'd Packet Pg. 95  6.J.a Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 make it the law. So people making applications would be on notice that was the requirement. So I just wanted to be heard on that. Mr. Alcaraz: Alright. Thank you. Anybody else? All right. I'll close. We do have a motion by Ms. Byler and seconded by Mr. Plumlee. Ms. Alcock: The vote is now open. By a vote of 10-0 agenda items #2 and #3 have been recommended for approval. Mr. Alcaraz: All right. thank you. Next item? Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to “offset identified problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, the entrance, streets, landscaping, and fencing shall be substantially in accordance with the “CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA”, dated 03/13/2024 07/12/2024, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning (“Concept Plan”), and is incorporated herein by reference. Packet Pg. 96  6.J.a Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Proffer 2: When the Property is developed, the building shall be substantially in accordance with the exhibit dated 02/28/2024, prepared by reich design associates p.l.c., which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning (“Building and Elevations”), and is incorporated herein by reference. Proffer 3: There will be no more than one (1) enclosed building as depicted on the Concept Plan. Proffer 4: When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not be erected any higher than fourteen (14) feet. Proffer 5: When the Property is developed, the rear yard of the Property will utilize a 15’ Category IV landscaping buffer and the eastern border of the Property will utilize a 10’ Category I landscaping buffer. Proffer 6: When the Property is developed, the facility will include the number of parking spaces depicted on the Concept Plan. Proffer 7: When the Property is developed, all signage will adhere to the requirements of the Zoning Ordinance, unless a variance is approved by the City of Virginia Beach Board of Zoning Appeals. Proffer 8: When the Property is developed, a dumpster enclosure will be located in the southeastern corner of the parking lot; the materials of the dumpster enclosure will be CMU block construction; the color of the dumpster enclosure will match the color of the proposed building; and the dumpster enclosure will be surrounding by the required landscaping plantings, as depicted on the Concept Plan. Proffer 9: Further conditions may be required by the Grantee during the detailed review of the concept Plan and Buildings and Elevations 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. Packet Pg. 97  6.J.a Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 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 “CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA”, prepared by Orbis Landscape Architecture, dated March 13, 2024 July 12, 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. The interior property lines shall be vacated. 3. As depicted on the proffered conceptual site plan, the property lines at the street intersection of Virginia Beach Boulevard and N. Fir Avenue shall be rounded with a minimum radius of twenty (20) feet. 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. Packet Pg. 98  6.J.a From: Marchelle L. Coleman To: Marchelle L. Coleman Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Subject: FW: Letter received! Date: Wednesday, July 3, 2024 2:06:02 PM -----Original Message----- From: Curtis White <curtwhite@verizon.net> Sent: Wednesday, July 3, 2024 12:36 PM To: Marchelle L. Coleman <MColeman@vbgov.com> Subject: Re: Letter received! 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. Yes! Consider this email a vote for opposition. I have concerns as to what this rezoning would do to my property. Decrease value, increase value….etc. Thank you! Curt White 757-477-4241 curtwhite@verizon.net Va Beach Adaptive Water Sports Board of Directors Packet Pg. 99 Packet Pg. 100 6.J.a Attachment: PLA 02_ARF Package for Thalia Plaza, LLC (4124 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Community Business District)  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 (DEFERRED FROM JULY 9, 2024) Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 101  6.J.a Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : 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: August 20, 2024 (DEFERRED: 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. 102  6.J.a Holly Road, LLC Page 2 of 2 Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : 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: Ordinance 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. 103  6.J.a Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : 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. 104  6.J.a Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : 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 August 19, 2025, 80 this 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 August 19, 2025, the date of final 83 closure 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. 105 Packet Pg. 106 6.J.a Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony  6.J.a Applicant Holly Road, LLC Agenda Item 9 Planning Commission Public Hearing June 12, 2024 Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : 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. 1107  6.J.a Background & Summary of Proposal Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : 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. 2108  6.J.a Recommended Conditions Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : 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. 3109  6.J.a Natural & Cultural Resources Impacts Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : 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. 4110  Street Closure Exhibit Holly Road, LLC Agenda Item 9 6.J.a PacketPage Pg. 5111 Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : 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. 6112 Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony  Site Photos Holly Road, LLC Agenda Item 9 6.J.a PacketPage Pg. 7113 Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony  Disclosure Statement Holly Road, LLC Agenda Item 9 6.J.a PacketPage Pg. 8114 Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony  Disclosure Statement Holly Road, LLC Agenda Item 9 6.J.a PacketPage Pg. 9115 Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony  X Disclosure Statement 7/30/2024 Marchelle L. Coleman Holly Road, LLC Agenda Item 9 6.J.a Packet Page Pg.10116 Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony  6.J.a Next Steps Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : 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.1117  6.J.a Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony Virginia Beach Planning Commission 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. 118  6.J.a Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : Holly Road, LLC (Applicant) Street Closure Adjacent Addresses: 300 Bay Colony 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 ABS Packet Pg. 119  6.J.a R7.5 R7.5 Attachment: PLA 03_ARF Package for Holly Road, LLC (4133 : 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. 120 0 15 30 60 90 120 150 180  WILLIAM F. DADDIO & JEAN A. GENTRY FOR STREET CLOSURE RE APPROXIMATELY 375 SQUARE FEET OF AN UNNAMED, AND UNIMPROVED ALLEY, ADJACENT TO THE REAR OF 817 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. 121 Packet Pg. 122 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 123 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 124 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 125 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 126 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 127 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 128 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 129 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 130 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 131 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 132 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 133 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 134 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 135 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 136 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 137 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 138 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 139 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 140 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 141 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 142 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure Packet Pg. 143 6.J.a Attachment: PLA 04_ARF Package for William Daddio and Jean Gentry (4129 : William F. Daddio & Jean A. Gentry (Applicants) Street Closure  SCOTT GRIFFITH ALDRICH & JULIA WAREING ALDRICH, TRUSTEES UNDER THE ALDRICH FAMILY TRUST FOR A CHANGE IN NONCONFORMITY RE ALTER AND EXPAND AN EXISTING DWELLING AT 200 43RD STREET 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. 144  6.J.a Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SCOTT GRIFFITH ALDRICH & JULIA WAREING ALDRICH, TRUSTEES OF THE ALDRICH FAMILY TRUST [Applicants & Property Owner] Change in Nonconformity for the property located at 200 43rd Street (GPIN 2418961328). COUNCIL DISTRICT 6 (Remick) MEETING DATE: August 20, 2024  Background: The applicant is requesting a Change in Nonconformity to alter and expand an existing dwelling by constructing a rear two-story addition and constructing a new wrap-around inset front porch. The 7,835 square-foot parcel is zoned R-7.5 Residential and was developed prior to the adoption of the Zoning Ordinance as part of the Cavalier Shores neighborhood. The property has several existing nonconformities including two residential dwellings on one lot, deficient side, front, and rear yard setback, deficient lot width, and deficient minimum setback between primary structures and accessory structures. Of the existing nonconforming dimensional standards only the required front yard setback will be intensified due to proposed new porch steps. The overall design of the additions draws from the existing house and from other dwellings in the neighborhood. The proposed front porch will have low-gable roofs, similar to other Craftsmen-style buildings. The second story will have a hipped roof to echo the buildings existing roofline and reduce the visual impact of the new second story. The proposed materials are consistent with other new construction in the area and are of general high quality.  Considerations: The request for a Change in Nonconformity is consistent with recommendations for the North End Suburban Focus Area, as defined in the Comprehensive Plan and which recommends the preservation of historic properties and ensuring development and redevelopment contribute to overall neighborhood stability. The overall scope of the project is compatible with historic and renovated properties in the neighborhood and will not adversely affect Cavalier Shores, which is a historic district listed in the National Register of Historic Places. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. Two letters of support were received by Staff. There is no known opposition to this request Packet Pg. 145  6.J.a Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of the Aldrich Family Trust Page 2 of 2 Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich,  Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the concept site layout entitled “Modification of a Non-Conforming Use Exhibit of Lot 32 map of Cavalier Shores,” prepared by WPL, dated April 26, 2024 and is on file in the Department of Planning and Community Development. 2. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the concept renderings and elevations prepared by Serliana Architecture, dated May 28, 2024, exhibited to Planning Commission and City Council and are on file in the Department of Planning and Community Development. 3. Any variation to the proposed building materials as described in the elevations prepared by Serliana Architecture, dated May 28, 2024, may be considered subject to the review and approval of the Director of Planning and Community Development. 4. The maximum number of dwelling units on the subject Site shall not exceed two (2). 5. The minimum front yard setback shall be 15 feet, the minimum rear yard setback shall be .75 feet, the minimum setback between the primary structure and the accessory structure shall be 13 feet, and the minimum side yard setback adjacent to a street shall be 7 feet. These are deviations from dimensional standards for R-7.5 Residential in the Zoning Ordinance. 6. The minimum lot width shall be 64 feet. This is a deviation from the lot width requirement for R-7.5 Residential in the Zoning Ordinance.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 146  6.J.a Applicant & Property Owner Scott Griffith Aldrich & Julia Agenda Item 5 Wareing Aldrich, Trustees of The Aldrich Family Trust Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Planning Commission Public Hearing July 10, 2024 City Council District 6 (Remick) Request Change in Nonconformity Staff Recommendation Approval Staff Planner Elizabeth Nowak Location 200 43rd Street GPIN 2418961328 Site Size 7,835 square feet AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Atlantic Ocean Existing Land Use and Zoning District Single-family dwelling / R-7.5 Residential Surrounding Land Uses and Zoning Districts North 43rd Street Single-family dwellings / R-7.5 Residential South 42nd ½ Street Single-family dwellings / R-7.5 Residential East Atlantic Avenue West Single-family dwellings / R-7.5 Residential Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 PacketPage Pg. 1 147  6.J.a Background & Summary of Proposal Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, • The applicants are requesting a Change in Nonconformity in order to alter and expand an existing dwelling in the Cavalier Shores neighborhood. The 7,835 square-foot parcel is zoned R-7.5 Residential. Both the lot and the existing dwellings are nonconforming with the current standards in the Zoning Ordinance. • Like most of the properties in Cavalier Shores, 200 43rd Street was developed prior to the adoption of any Zoning Ordinance in the City of Virginia Beach. There are several existing nonconformities associated with this property, including: o Two residential dwellings on one lot (a one-story, single-family house and a 396 square-foot cottage) o Deficient side, front, and rear yard setbacks o Deficient lot width o Deficient minimum setback between primary structures and accessory structures Required Required Required Required Side Required Required Rear Yard Rear Yard Required Side Yard Minimum Separation Maximum Setback in Setback in Front Yard Yard Setback Lot Width between Primary Lot R-7.5 R-7.5 (feet) Setback in Setback Adj. to in & Accessory Coverage in (feet) for for R-7.5 (feet) in R-7.5 Street in R-7.5 Structures in R-7.5 Primary Accessory (feet) R-7.5 (feet) R-7.5 (feet) Dwellings Structures (feet) Existing 24.12* 13.75 30 31% Dimensions 8.76* .75* 64.2* 13* Proposed 15.55* 13.86 25.36 35% Dimensions Required 30 5 & 10 30 20 10 75 20 35% Dimensions Of the existing nonconforming dimensional standards, only one—the required front yard setback—will be intensified. The reduction in this setback is the result of the proposed porch steps on the north elevation. The remainder of the existing nonconforming dimensional standards will remain the same. • The applicants plan to make the following alterations to the existing primary dwelling: o Remove the existing deck on the north elevation. o Construct a new porch within the existing building footprint to wrap the north and east elevations. o Remove a portion of a rear deck. o Construct a new two-story addition at the rear of the building. o Construct a new side entry stoop with stairs on the west elevation. o Construct a new rear entry porch with stairs on the south elevation. • The overall design of the additions draws on forms from the existing house and from other dwellings in the neighborhood. The proposed front porch will have low-gable roofs, similar to other Craftsman-style buildings, with minimal embellishment to help identify it as a recent addition. The second-story addition will have a hipped roof, echoing the existing dwelling’s roofline. The hipped roof will also reduce the visual impact of the new second story. • The exterior cladding materials will be fiber cement or composite wood siding for the new additions; the existing cladding may remain or may be updated, which will be determined prior to construction. The new porch piers will be brick; the new porch columns will be fiberglass; and the porch railing will be wood composite. These materials are consistent with other new construction in the area and are of general high quality. Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 PacketPage Pg. 2 148  6.J.a 2 Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Zoning History # Request 1 NON Approved 08/15/2023 1 2 3 NON Approved 06/06/2023 NON Approved 03/16/2021 4 REZ (RT-1 & R-7.5 to OR) Approved 12/10/2013 ALT Approved 12/10/2013 SVR Approved 12/10/2013 3 4 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation This request for a Change in Nonconformity, in Staff’s opinion, is acceptable. The property is located in the North End Suburban Focus Area (SFA), as defined in the Comprehensive Plan. The North End SFA specifically recommends the preservation of historic properties and ensuring development and redevelopment contribute to overall neighborhood stability. The primary and secondary dwellings on this property are identified as contributing resources in the Cavalier Shores Historic District, a district which was listed in the National Register of Historic Places in 2019. While the proposed alterations will reorient the primary entrance from Atlantic Avenue to 43rd Street and will introduce some differing architectural elements (such as the Craftsman-inspired porch), the overall form of the original, historic house will still be visible and the new porch and rear addition will be easily, visually distinguished from the original building. Overall, no adverse effect is anticipated on the district’s integrity as a result of this proposal. The renovated house will be compatible with other buildings on 43rd and 42 ½ Street and the proposed materials are high quality. The applicant intends to continue to utilize this property as a residential use. In Staff’s opinion, the type of deviations to dimensional standards that the applicant requests for this proposal is also acceptable. This property was developed before a zoning ordinance was in effect in Virginia Beach; the historical, existing conditions will be minimally affected with this proposal. In creating the new porch, the applicant will remove a deck in the front yard that is currently only 7.5 feet from the property line. The new porch will have a 15.55-foot setback, which will improve the separation between the front of the house and 43rd Street. The existing stairs on the east elevation, which are setback approximately 8.67 feet, will be reused in their current location. In Staff’s opinion, these changes to the nonconforming setbacks will result in an overall improvement of the lot. The setback is measured to the steps of the new porches; the exterior of the building envelope will remain as it currently stands. The second- story addition is proposed almost entirely within the footprint of the existing rear portion of the house and will not shorten the separation between the primary and secondary dwellings. Similar requests have been made and approved for other properties in Cavalier Shores for applicants seeking modest additions and renovations and it is Staff’s opinion that the overall project scope is compatible with historic and renovated properties in the neighborhood. Staff is unaware of any opposition to this request and is recommending approval subject to the conditions and exhibits in this report. Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 PacketPage Pg. 3 149  6.J.a Recommended Conditions Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, 1. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the concept site layout entitled “Modification of a Non- Conforming Use Exhibit of Lot 32 map of Cavalier Shores,” prepared by WPL, dated April 26, 2024 and is on file in the Department of Planning and Community Development. 2. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the concept renderings and elevations prepared by Serliana Architecture, dated May 28, 2024, exhibited to Planning Commission and City Council and are on file in the Department of Planning and Community Development. 3. Any variation to the proposed building materials as described in the elevations prepared by Serliana Architecture, dated May 28, 2024, may be considered subject to the review and approval of the Director of Planning and Community Development. 4. The maximum number of dwelling units on the subject Site shall not exceed two (2). 5. The minimum front yard setback shall be 15 feet, the minimum rear yard setback shall be .75 feet, the minimum setback between the primary structure and the accessory structure shall be 13 feet, and the minimum side yard setback adjacent to a street shall be 7 feet. These are deviations from dimensional standards for R-7.5 Residential in the Zoning Ordinance. 6. The minimum lot width shall be 64 feet. This is a deviation from the lot width requirement for R-7.5 Residential in 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 This project falls within the Suburban Area within the North End Suburban Focus Area. The primary guiding principle for the Suburban Area is to create and maintain Great Neighborhoods that seeks compatible non-residential uses to maintain and create neighborhood stability. Recommendations for development in the North End SFA include parcel consolidation and density stabilizing Best Management Practices, decreasing impervious surfaces, using attractive and high-quality building materials, and preserving historic structures responsibly (p.1-60 to 1-63). Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 PacketPage Pg. 4 150  6.J.a The primary and secondary dwellings at 200 43rd Street are both identified as contributing resources in the Cavalier Shores Historic District. The primary dwelling, which is the subject of this proposed alteration, is a circa 1946 Minimal Traditional style house with early Ranch-style design. The architecture of the building represents the later period of Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, significance for this historic district. While the proposed porch will relocate the primary entrance from Atlantic Avenue to 43rd Street, the major form of the original house will remain visible. No adverse effect on the overall district is anticipated with this application. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic 43rd Street No data available No data available No change anticipated Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 43rd Street in the vicinity of this application is considered two-lane undivided local streets. The existing infrastructure for each roadway currently resides in a 60-foot right-of-way. There are no roadway CIP projects slated for this area. Public Utility Impacts Water The site currently connects to City water. There is an existing eight-inch City water main along 42nd ½ Street Sewer The site currently connects to City sanitary sewer. There is an existing 10-inch City gravity sanitary sewer main along 42nd ½ Street. Public Outreach Information Planning Commission • The applicant/applicant’s representative met with the North Virginia Beach Civic League Zoning Review Committee to discuss the details of the request. A letter of support was provided to Staff by the civic league as a result of this meeting. • As required by the Zoning Ordinance, the public notice signs were placed on the property on June 10, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 26, 2024 and July 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 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 July 3, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 6, 2024 and August 13, 2024. Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 PacketPage Pg. 5 151  6.J.a • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council’s public hearing on August 5, 2024. Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, • 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 August 16, 2024. Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 PacketPage Pg. 6 152  6.J.a Proposed Site Layout Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 PacketPage Pg. 7 153  6.J.a Existing Conditions Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 PacketPage Pg. 8 154  6.J.a Proposed Rendering – North Elevation Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 PacketPage Pg. 9 155  6.J.a Proposed Rendering – East Elevation Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 Page Packet Pg.10 156  Proposed Elevations Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 6.J.a Packet Page Pg.1157 Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich,  6.J.a Proposed Elevations Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 Page Packet Pg.12 158  6.J.a Proposed Elevations Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 Page Packet Pg.13 159  6.J.a Proposed Elevations Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 Page Packet Pg.14 160  6.J.a Proposed Floor Plans Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 Page Packet Pg.15 161  Site Photos Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 6.J.a Packet 162 Page Pg.16 Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich,  Site Photos Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 6.J.a Packet 163 Page Pg.17 Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich,  6.J.a Disclosure Statement Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 Page Packet Pg.18 164  6.J.a Disclosure Statement Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 Page Packet Pg.19 165  6.J.a Disclosure Statement Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 Page Packet Pg.20 166  6.J.a Next Steps Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, • 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. Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 Page Packet Pg.2167  6.J.a R7.5 Str eet 43rd R7.5 eet Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott St r 43rd eet enue St r 43rd R7.5 tic Av R7.5 Atlan R7.5 R7.5 f St reet Hal 42nd R7.5 Site Property Polygons Zoning Building Scott Griffith Aldrich & Julia Wearing Aldrich 200 43rd Street μ Feet Packet Pg. 168 0 510 20 30 40 50 60  6.J.a Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 5 Scott Griffith Aldrich and Julia Wareing Aldrich, Trustees of the Aldrich Family Trust Recommendation: RECOMMENDED FOR APPRVOAL Discussion Ms. Cuellar: Thank you very much. Our next item is Item #5, Scott Griffith Aldrich and Julia Wareing Aldrich, Trustees under the Aldrich Family Trust. Mr. Bourdon: Again, for the record, Eddie Bourdon, Virginia Beach Attorney, representing Mr. and Mrs. Aldrich and their trust. All six conditions as recommended in the staff report are acceptable. We appreciate Elizabeth's work with my client's architect on this project. I'll put on the record the North End Civic League Zoning and Land Use Subcommittee reviewed this and they have no objections whatsoever. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Plumlee to read this into the record. Mr. Plumlee: The Aldrich Family Trust is the applicant. The property is 243 rd Street, Virginia Beach. They're seeking and requesting a non- conformity to alter and expand an existing dwelling in Cavalier Shores neighborhood. Cavalier Shores is a historic district listed in the National Register of Historic Places. They are not being a significant alteration, it has received the recommendation of our excellent Staff and the Planning Commission is agreeable to place this on the consent agenda. Packet Pg. 169  6.J.a Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items ##1, 4, 5, 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the City. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, item #10 for reason stated in the letter that I've provided to the city attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #four, one abstention on #10, and one abstention on item #14, agenda items #1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Packet Pg. 170  6.J.a Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the concept site layout entitled “Modification of a Non-Conforming Use Exhibit of Lot 32 map of Cavalier Shores,” prepared by WPL, dated April 26, 2024 and is on file in the Department of Planning and Community Development. 2. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the concept renderings and elevations prepared by Serliana Architecture, dated May 28, 2024, exhibited to Planning Commission and City Council and are on file in the Department of Planning and Community Development. 3. Any variation to the proposed building materials as described in the elevations prepared by Serliana Architecture, dated May 28, 2024, may be considered subject to the review and approval of the Director of Planning and Community Development. 4. The maximum number of dwelling units on the subject Site shall not exceed two (2). 5. The minimum front yard setback shall be 15 feet, the minimum rear yard setback shall be .75 feet, the minimum setback between the primary structure and the accessory structure shall be 13 feet, and the minimum side yard setback adjacent to a street shall be 7 feet. These are deviations from dimensional standards for R-7.5 Residential in the Zoning Ordinance. 6. The minimum lot width shall be 64 feet. This is a deviation from the lot width requirement for R-7.5 Residential in 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 Packet Pg. 171  6.J.a Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, 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. Packet Pg. 172  6.J.a Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich, NORTH VIRGINIA BEACH CIVIC LEAGUE ZONING REVIEW COMMITTEE MEMO Members of Planning Commission City of Virginia Beach Dear Commissioners July 1, 2024 Re: Scott Griffith Aldrich & Julia Wearing Aldrich, Trustees under The Aldrich Family Trust (Applicant & Property Owner), Change in Nonconformity, Address: 200 43rd Street GPIN: 2418961328, City Council: District 6 (Remick) 299-43rd Street, Lynnhaven District. The North Virginia Beach Civic League (NVBCL) met with the developer’s land use attorney, members of the Cavalier Shores Civic League, the applicant’s architect, landscape architect, and land surveyor regarding this application. The NVBCL Zoning Review Committee (ZRC) has a complete understanding of the architecture and site design proposed. We applaud the applicant for the efforts dedicated to developing well designed additions to this existing structure and the thoughtfulness extended to the site and landscape. The NVBCL ZRC supports this application as presented. Billy Almond 209 - 70th Street (Abstaining) Pam Faber 411-52nd Street Willy Fluharty 303 - 49th Street Dave Jester 200 - 63rd Street Jo Anne Moore 300 - 55th Street Bernice Pope 214 - 44th Street Bob Roth 7406 Oceanfront Ave. Martin Waranch 111 - 66th Street Gerrie West 217 - 75th Street Hobie Whitmore 311- 48th Street Jay Woodard 202 – 74th Street (Abstaining) 1 Packet Pg. 173 Packet Pg. 174 6.J.a Attachment: PLA 05_ARF Package for Scott Griffith & Julia Wareing Aldrich, Trustees (4126 : Scott Griffith Aldrich & Julia Wareing Aldrich,  NOVA TRAMPOLINE PARK VIRGINIA BEACH, LLC / ELIAS PROPERTIES SALEM CROSSING, LLC FOR A MODIFICATION OF CONDITIONS TO A CONDITIONAL USE PERMIT RE INDOOR COMMERCIAL RECREATION FACILITY AT 2029 LYNNHAVEN PARKWAY DISTRICT 7 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 175  6.J.a Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NOVA TRAMPOLINE PARK VIRGINIA BEACH, LLC [Applicant] ELIAS PROPERTIES SALEM CORSSING, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit (Indoor Commercial Recreation Facility) for the property located at 2029 Lynnhaven Parkway (GPIN 1475868600). COUNCIL DISTRICT 7 (Wooten) MEETING DATE: August 20, 2024  Background: The applicant is requesting a Modification of Conditions to a 2013 Conditional Use Permit for an approximate 18,150 square-foot Indoor Recreation Facility at the Salem Crossing Shopping Center to increase its size to 55,046 square feet and to permit other indoor recreational activities aside from trampolining. Nova Trampoline Park will provide indoor trampolines, arcade and virtual reality games, and similar amusements. Condition 7 of the current Conditional Use Permit limits the facility to trampoline-related activities only. The applicant seeks to remove this condition to permit the other amusements as described. The proposed hours or operation are similar to other Indoor Recreation Facilities and exterior alterations are limited to the installation of new signage.  Considerations: The proposed request for an enlarged Indoor Recreation Facility is compatible with larger-scale neighborhood shopping centers, such as Salem Crossing Shopping Center, that have on-site parking and serve as local destinations. The expansion will only be on the interior of the existing building which will require no additional parking on site. As the request is a typical use for a shopping center and the hours of operation do not begin until later in the afternoon, no significant changes are expected in traffic for the Salem Crossing Shopping Center. 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 July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. This Conditional Use Permit applies only to 2029 Lynnhaven Parkway, (approximately 50,046 square feet) of the Salem Crossing Shopping Center as indicated on the exhibit entitled “Proposed Renovations for Kroger – Training Center,” dated April 27, 2023, and prepared by Federal Hill Architect as Packet Pg. 176  6.J.a Nova Trampoline Park Virginia Beach, LLC Page 2 of 2 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties exhibited to City Council and on file with the Department of Planning & Community Development. 2. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permit and Inspections Division, Health Department, and 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 7:00 a.m. and 12:00 a.m. (midnight). 5. “Court Rules for Jumpers” shall be posted within the facility at the main entrance, visible by all who enter the facility, as well as at the entrance of each trampoline court area. 6. All individuals under thirteen (13) years of age shall be accompanied by an adult chaperone. 7. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 8. There shall be a minimum of two (2) staff members on Site at all times that are certified for First Aid and Automated External Defibrillator (AED) training. 9. There shall be no sale of alcohol at this location. There shall be no State ABC License associated with this business.  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. 177  6.J.a Applicant Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Property Owner Elias Properties Salem Crossing, LLC Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties Planning Commission Public Hearing July 10, 2024 City Council District 7 (Wooten) Request Modification of Conditions (Indoor Commercial Recreation Facility) Recommendation Approval Staff Planner Elizabeth Nowak Location 2029 Lynnhaven Parkway GPIN 1475868600 Site Size 50,046 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Shopping center / B-2 Community Business Surrounding Land Uses and Zoning Districts North Shopping center, multi-family dwellings / B-2 Community Business, A-12 Apartment South Shopping center/ B-2 Community Business East Shopping center / B-2 Community Business West Salem Road Park, multi-family dwellings / R-7.5 Residential, A-12 Apartment Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 PacketPage Pg. 1178  6.J.a Background & Summary of Proposal Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties • The applicant is requesting a Modification of Conditions to a 2013 Conditional Use Permit for an approximate 18,150 square-foot Indoor Commercial Recreation Facility at the Salem Crossing Shopping Center to increase its size to 55,046 square feet and to permit other indoor recreational activities aside from trampolining. Conditional Use Permits are required in the B-2 Community Business district for Indoor Commercial Recreation Facilities greater than 7,500 square feet. This application was deferred at the December 13, 2023 Planning Commission hearing to allow the applicant time to obtain the necessary disclosure statements from the property owner and the sub-landlord. • The applicant intends to use in the entirety of the former Kroger’s Formal Training Center in the Salem Crossing Shopping Center for this use. A portion of this area had previously been used as the former Sky Zone Trampoline Park. Condition 1 of the current Conditional Use Permit limits the facility to the southernmost unit of the Salem Crossing Shopping Center and will need to be modified to include this second unit. • Nova Trampoline Park will provide indoor trampolines, arcade and virtual reality games, and similar amusements. Condition 7 of the current Conditional Use Permit limits the facility to trampoline-related activities only. The applicant seeks to remove this condition to permit the other amusements, as listed. • The proposed hours of operation will be 3:00 p.m. to 10:00 p.m., Monday through Thursday; noon to 11:00 p.m. on Friday; 10:00 a.m. to 11:00 p.m. on Saturday; and 10:00 a.m. to 10:00 p.m. on Sunday. • 25 to 35 employees are expected. • 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. The Salem Crossing Shopping Center has 531 parking spaces. The shopping center is approximately 93,022 square feet, which requires 372 parking spaces. There is sufficient parking on site. • Exterior alterations are limited to the installation of new signage. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 PacketPage Pg. 2179  6.J.a Zoning History # Request Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties 1 CUP (Tattoo Parlor) Approved 09/06/2022 CUP (Indoor Commercial Recreational Facility) Approved 09/10/2013 CUP (Indoor Recreation) Approved 10/11/2011 MDC Approved 02/27/1996 4 CRZ (I-1 to B-2) Approved 07/11/1995 3 2 MDP Approved 02/16/2021 11 10 3 CUP (Bulk Storage Yard) 08/21/2018 2 CUP (Bulk Storage Yard) 09/20/2016 MDC Approved 02/27/1996 CRZ (I-1 to B-2) Approved 07/11/1995 1 4 CUP (Indoor Recreational Facility) Approved 08/09/2011 LUP (Green Run) Approved 01/01/1974 6 5 CRZ (R-5D & R-10 to Conditional A-36, Conditional B-4, Conditional A-12) Approved 06/26/2007 9 7 6 CUP (Bulk Storage Yard) Approved 03/25/2003 8 CRZ (R-5D to Conditional B-2) Approved 06/22/1999 5 7 CRZ (R-5D to Conditional B-2) Approved 08/27/2002 8 CUP (Fuel Sales w/Convenience Store) Approved 09/25/2001 MDP Approved 09/25/2001 CRZ (R-5D to Conditional B-2) Approved 07/14/1998 CUP (Church) Approved 04/14/1986 9 CRZ (R-10 to A-12 with PD-H Overlay) Approved 09/22/1998 10 CRZ (R-5D to Conditional B-2) Approved 02/27/1996 11 CUP (Home for the Aged) Approved 01/20/1987 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation In Staff’s opinion, this request for a Modification of Conditions is acceptable. Indoor Recreation Facilities above 7,500 square feet are compatible with larger-scale neighborhood shopping centers, such as Salem Crossing Shopping Center, that have parking available on site and that serve as local destinations. This proposed modification provides a recreational opportunity for residents in an established retail center, which is a complementary non-residential use that is recommended in the overarching goals of the Suburban Area as defined by the Comprehensive Plan. In Staff’s opinion, this is a supportable, resident-oriented reuse of the former Kroger Training Facility in this shopping center. As the expansion will only occur on the interior of the existing building, there will be no change to the overall size of the shopping center, which, in turn, will require no additional parking on site. As a typical use for a shopping center and as the proposed hours of operation do not begin until later in the afternoon, no significant changes are expected in traffic for the Salem Crossing Shopping Center. There is no known opposition to this application and Staff recommends approval subject to the following conditions and exhibits. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 PacketPage Pg. 3180  6.J.a Recommended Conditions Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties 1. This Conditional Use Permit applies only to 2029 Lynnhaven Parkway, (approximately 50,046 square feet) of the Salem Crossing Shopping Center as indicated on the exhibit entitled “Proposed Renovations for Kroger – Training Center,” dated April 27, 2023, and prepared by Federal Hill Architect as exhibited to City Council and on file with the Department of Planning & Community Development. 2. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permit and Inspections Division, Health Department, and 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 7:00 a.m. and 12:00 a.m. (midnight). 5. “Court Rules for Jumpers” shall be posted within the facility at the main entrance, visible by all who enter the facility, as well as at the entrance of each trampoline court area. 6. All individuals under thirteen (13) years of age shall be accompanied by an adult chaperone. 7. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 8. There shall be a minimum of two (2) staff members on Site at all times that are certified for First Aid and Automated External Defibrillator (AED) training. 9. There shall be no sale of alcohol at this location. There shall be no State ABC License associated with this business. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 2013 Conditions 1. This Use Permit applies only to the southernmost building (approximately 18,300 square feet) of the Salem Crossing 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 Planning Department/Permit and Inspections Division, Health Department, and 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 7:00 a.m. and 12:00 a.m. (midnight). Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 PacketPage Pg. 4181  6.J.a 5. “Court Rules for Jumpers,” as submitted by the applicant, shall be posted within the facility at the main entrance, visible by all who enter the facility, as well as at the entrance of each trampoline court area. Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties 6. All individuals under thirteen (13) years of age shall be accompanied by an adult chaperone. 7. Recreational trampoline-related activities shall be the only type of indoor recreation allowed. 8. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 9. There shall be a minimum of one (1) staff member on Site at all times that is certified for First Aid and Automated External Defibrillator (AED) training. 10. There shall be no sale of alcohol at this location. There shall be no State ABC License associated with this business. Comprehensive Plan Recommendations The Comprehensive Plan identifies this area as being in the Suburban Area of the city. The vision for the Suburban Area emphasizes suburban patterns of residential development that are supported by residential services and other complementary non-residential uses, such as recreational opportunities (1-60 to 1-63). Commercial development, such as shopping centers, should be located near, but not within, residential neighborhoods and should have complementary massing, scale, and overall design. This application proposes no exterior alterations in an existing shopping center and will reuse a large, vacant commercial suite for a complementary non-residential use. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. There are no exterior alterations or site disturbance proposed with this application. The project will affect no historical or cultural resources. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Parkway 24,200 ADT1 Up to 36,900 ADT 1 (LOS 4 “D”) No Change Anticipated Princess Anne Road 46,100 ADT Up to 74,000 ADT (LOS “D”) 1 Average Daily Trips 2 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The MTP lists this segment of Lynnhaven Parkway as four-lane minor arterial. Princess Anne Road is listed as an eight- lane major arterial. There are no CIP projects in the area. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 PacketPage Pg. 5182  6.J.a Public Utility Impacts Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties Water & Sewer The site connects 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 June 10, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 26, 2024 and July 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 24, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.virginiabeach.gov/pc on July 3, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 PacketPage Pg. 6183  Site Location Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 PacketPage Pg. 7184 6.J.a Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Proposed Floor Plan Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 PacketPage Pg. 8185 6.J.a Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Site Photos Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 PacketPage Pg. 9186 6.J.a Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 187 6.J.a Page Pg.10 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 6.J.a Page Pg.1188 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 189 6.J.a Page Pg.12 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 190 6.J.a Page Pg.13 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 191 6.J.a Page Pg.14 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 192 6.J.a Page Pg.15 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 193 6.J.a Page Pg.16 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 194 6.J.a Page Pg.17 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 195 6.J.a Page Pg.18 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 196 6.J.a Page Pg.19 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 197 6.J.a Page Pg.20 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 6.J.a Page Pg.2198 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 199 6.J.a Page Pg.22 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 200 6.J.a Page Pg.23 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 201 6.J.a Page Pg.24 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  Disclosure Statement Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Packet 202 6.J.a Page Pg.25 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties  6.J.a Next Steps Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties • 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. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page Packet Pg.26203  6.J.a R7.5 A12 PDH1 Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia R5D B2 PDH1 Road R10 Salem B2 B2 R7.5 R5D Pa B2 rk wa y Ly B2 Road nn ha Salem ve A12 n R10 B2 B2 Alley B2 A12 B2 Site Property Polygons Zoning Building Nova Trampoline Park Virginia Beach, LLC 2029 Lynnhaven Parkway μ Feet Packet Pg. 204 0 60120 240 360 480 600 720  6.J.a Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 6 Nova Trampoline Park, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Item 6 is Nova Trampoline Park, Virginia Beach, LLC, and I understand the applicant is remote. If you could please state your name for the record. Ms. Alcock: The applicant is attempting to call into Webex at this time. He was unable to connect with the web platform. Ms. Cuellar: Thank you very much. I'd like to go back to agenda Item 6. Has the applicant been able to connect on Webex? Ms. Alcock: Yes, they have. Ms. Cuellar: Okay. Thank you for being with us here today. If you could please state your name for the record. Mr. Wang: Hi, my name is Jun Wang. I'm with Nova Trampoline Park. Ms. Cuellar: Thank you very much for being with us today, and are all the conditions acceptable to you? Mr. Wang: Yes, I accept. 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 Hippen to read this into the record. Ms. Hippen: The applicant is requesting a modification of conditions to a 2013 conditional use permit for approximately 18,150 square foot indoor Packet Pg. 205  6.J.a Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties commercial recreation facility at the Salem Crossing Shopping Center to increase the size to 55,046 square feet, and to permit other indoor recreational activities aside from trampolining. This application was deferred at the December 13 th, 2023 planning commission hearing to allow the applicant time to obtain the necessary disclosure statements from the property owner and the sub landlord. The applicant intends to use the entirety of the former Kroger's formal training center in the Salem Crossing Shopping Center for this use. A portion of this area had previously been used as the former Sky Trampoline Park. Condition 1 of the current conditional use permit limits the facility to the southmost unit of the Salem Crossing Shopping Center and will need to be modified to include this second unit. Nova Trampoline will provide indoor trampolines, arcade, and virtual reality games and similar amusements. Condition 7 of the current conditional use permit limits the facility to trampoline related activities only. The applicant seeks to remove this condition to permit the other amusements as listed. The proposed hours of operation are 3 p.m. to 10 p.m. Monday through Thursday, noon to 11 p.m. on Friday, and 10 a.m. to 11 p.m. on Saturday, 10 a.m. to 10 p.m. on Sunday. 25 to 30 employees are expected. There is sufficient parking on site. Exterior alterations are limited to the installation of new signage. With the excellent work of our Staff getting us the information and hearing no objections, we have asked that this be put on the consent agenda. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items ##1, 4, 5, 6, 7, 8, 9, 10, 13, 14 Packet Pg. 206  6.J.a Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the City. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, item #10 for reason stated in the letter that I've provided to the City Attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #four, one abstention on #10, and one abstention on item #14, agenda items #1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Cromwell X Packet Pg. 207  6.J.a Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. This Conditional Use Permit applies only to 2029 Lynnhaven Parkway, (approximately 50,046 square feet) of the Salem Crossing Shopping Center as indicated on the exhibit entitled “Proposed Renovations for Kroger – Training Center,” dated April 27, 2023, and prepared by Federal Hill Architect as exhibited to City Council and on file with the Department of Planning & Community Development. 2. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permit and Inspections Division, Health Department, and 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 7:00 a.m. and 12:00 a.m. (midnight). 5. “Court Rules for Jumpers” shall be posted within the facility at the main entrance, visible by all who enter the facility, as well as at the entrance of each trampoline court area. 6. All individuals under thirteen (13) years of age shall be accompanied by an adult chaperone. 7. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 8. There shall be a minimum of two (2) staff members on Site at all times that are certified for First Aid and Automated External Defibrillator (AED) training. 9. There shall be no sale of alcohol at this location. There shall be no State ABC License associated with this business. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Packet Pg. 208  6.J.a Attachment: PLA 06_ARF Package for Nova Trampoline Park (4127 : Nova Trampoline Park Virginia Beach, LLC (Applicant) Elias Properties 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. Packet Pg. 209  ERVIN JAMES FOR A CONDITIONAL CHANGE OF ZONING FROM AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL R-10 RESIDENTIAL DISTRICT RE CREATE TWO SINGLE- FAMILY RESIDENTIAL BUILDINGS LOT AT 2336 PAINTERS LANE 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. 210  6.J.a Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ERVIN JAMES [Applicant & Property Owner] Conditional Rezoning (AG-2 Agricultural District to Conditional R-10 Residential District) for the property located at 2336 Painters Lane (GPIN 2414653251). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: August 20, 2024  Background: The applicant is requesting to rezone this 28,130-square-foot parcel along Painters Lane from AG-2 Agricultural District to Conditional R-10 Residential District to create two single-family residential building lots. The applicant intends to convey the existing single-family dwelling on proposed Lot B to his son and will construct a new single-family dwelling on proposed Lot A for himself. The existing single- family dwelling on the property, constructed in 1945, has approximately 850 square feet of living area. The applicant intends to construct a building addition that will increase the total floor area to 2,200 square feet, including an attached garage. Lot A will be 14,383 square feet and Lot B will be 13,748 square feet which exceeds the R-10 Residential requirement for minimum lot area of 10,000 square feet. The proposed lots meet all other dimensional requirements. The design and materials of the new single-family dwelling, as well as the proposed building addition to the existing home have been proffered. Building materials will include architectural shingles, premium vinyl siding, cementitious siding, brick, stone and dryvit and will be compatible with the existing surrounding properties.  Considerations: The request for conditional rezoning is consistent with the Comprehensive Plan’s vision for the Suburban Area. The proposed single-family dwelling will improve the aesthetics for the adjoining property owners and those traveling along Painters Lane as it will be developed to be compatible with the surrounding residential homes in size and design, as proffered. The site is located in the 65-70 dB DNL noise zone, Sub-Area 2, and was considered by the Joint City-Navy Review Process (JRP) Group. The proposed density of 3.1 acres complies with Section 1804(c)(2) of the Zoning Ordinance for AICUZ Restrictions and was found to be an acceptable density for this property and is similar to and, in some instances, lower than the surrounding densities in this area. Further details pertaining to the application, as well as Staff’s evaluation, Packet Pg. 211  6.J.a Ervin James Page 2 of 2 Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural are provided in the attached Staff Report. There is no known opposition to this request.  Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. PROFFERS Proffer 1: When the Property is developed, it shall be subdivided into two (2) single family residential building lots with separate driveway entrances from Painters Lane situated substantially as shown on the exhibit entitled, "REZONING EXHIBIT FOR ERVIN JAMES, 2336 PAINTERS LANE, VIRGINIA BEACH, VIRGINIA", dated 04/29/24, prepared by Colliers Engineering and Design, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Rezoning Exhibit"), which is incorporated herein by reference. Proffer 2: When the existing home upon LOT B -13,747.7 Sq. Ft. depicted on the Rezoning Exhibit is renovated and expanded, or removed and replaced it shall contain a minimum of 2,200 square feet of living area and a two (2) car garage, as will the new home to be constructed on LOT A - 14,382.5 Sq. Ft. The new home to be constructed on LOT A and any new home constructed to replace the existing home on LOT B shall utilize only the following exterior building materials: architectural shingles, premium vinyl siding, cementitious siding, brick, stone and dryvit. Proffer 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements.  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. 212  6.J.a Applicant & Property Owner Ervin James Agenda Item 1 Planning Commission Public Hearing July 10, 2024 Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural City Council District 5 (Wilson) Request Conditional Rezoning (AG-2 Agricultural District to Conditional R-10 Residential District) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 2336 Painters Lane GPIN 2414653251 Site Size 28,130 square feet AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling / AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Painters Lane Single-family dwellings / R-7.5 Residential South Nimmo Parkway Undeveloped lots, single-family dwellings / AG- 2 Agricultural, R-7.5 Residential East Single-family dwelling / R-15 Residential West Undeveloped lot / AG-2 Agricultural Ervin James Agenda Item 1 PacketPage Pg. 1 213  6.J.a Background & Summary of Proposal Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural • The applicant is requesting to rezone this 28,130-square-foot parcel along Painters Lane from AG-2 Agricultural District to Conditional R-10 Residential District to create two single-family residential building lots. • The applicant intends to convey the existing single-family dwelling on Proposed Lot B to his son and will construct a new single-family dwelling on proposed Lot A for himself. • The existing single-family dwelling on the property, constructed in 1945, has approximately 850 square feet of living area. The applicant intends to construct a building addition that will increase the total floor area to 2,200 square feet, including an attached garage. • The R-10 Residential District requires a minimum lot area of 10,000 square feet, a minimum 80-foot lot width, and a minimum 30-foot front yard setback. As depicted on the proffered rezoning exhibit, Lot A will be 14,383 square feet in size and Lot B will be 13,748 square feet in size; thereby, exceeding the minimum lot area required in the R-10 zoning district. Each lot also meets or exceeds all other dimensional requirements for parcels in the R-10 Residential District. • The applicant is proffering the design and materials of the new single-family dwelling, as well as the building addition proposed for the existing single-family home. Building materials include architectural shingles, premium vinyl siding, cementitious siding, brick, stone, and dryvit. • As the site is located in the 65-70 dB DNL noise zone, Sub-Area 2, the application was considered by the Joint City- Navy Review Process (JRP) Group. Section 1804 (c) of the Zoning Ordinance provides regulations that apply to discretionary development applications for residential uses with this AICUZ. Details of the JRP’s findings are provided in the Evaluation Section of this report. 2 Zoning History 3 # 1 Request SVR (Lot Width Reduction) Approved 06/23/2016 2 NON Approved 09/24/2013 CRZ (AG-2 to Conditional O-2) Approved 11/08/1995 CUP (Athletic Club) Approved 11/08/1995 1 3 CRZ (AG-2 to Conditional B-2) Approved 07/07/2009 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The request to rezone this 28,130 square-foot site from AG-2 Agricultural District to Conditional R-10 Residential District, in Staff’s opinion, is consistent with the Comprehensive Plan’s vision for the Suburban Area. Development within this Ervin James Agenda Item 1 PacketPage Pg. 2 214  6.J.a area focuses on creating and maintaining Great Neighborhoods. Achieving this goal relies on the ability of development to maintain and enhance the existing neighborhood, to be compatible with surroundings, and provide quality and Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural attractive buildings that provide effective buffering and livability. In Staff’s view, the proposed single-family dwelling will improve the aesthetics for the adjoining property owners and those traveling along Painters Lane. The proposed single- family home will be developed to be compatible with the surrounding residential homes along Painters Lane in size and design, as proffered. The proposed density is 3.1 units per acre and complies with Section 1804(c)(2) of the Zoning Ordinance for AICUZ restrictions. After a compatibility review of densities of surrounding properties, the JRP Group found that the 3.1 units per acre is an acceptable density for this property and is similar to and, in some instances, lower than the surrounding densities in this area. Overall, the JRP group finds this proposal to be consistent with the Comprehensive Plan and City Zoning Ordinance requirements for an infill project, as the density proposed is comparable to the surrounding properties. While this site is located within the Southern Rivers watershed, a preliminary stormwater analysis is not required, since the proposed development is considered to be single-family infill development and qualifies to use an agreement‐in‐ lieu of a Stormwater Management plan. This agreement, allowed by the State Code, does not exempt the development from meeting all applicable stormwater requirements; however, it relies on the design professional to certify the design meets all applicable stormwater requirements and does not require review or approval of the design by staff. Based on the considerations above, Staff recommends approval of this request subject to the proffers 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: When the Property is developed, it shall be subdivided into two (2) single family residential building lots with separate driveway entrances from Painters Lane situated substantially as shown on the exhibit entitled, "REZONING EXHIBIT FOR ERVIN JAMES, 2336 PAINTERS LANE, VIRGINIA BEACH, VIRGINIA", dated 04/29/24, prepared by Colliers Engineering and Design, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Rezoning Exhibit"), which is incorporated herein by reference. Proffer 2: When the existing home upon LOT B -13,747.7 Sq. Ft. depicted on the Rezoning Exhibit is renovated and expanded, or removed and replaced it shall contain a minimum of 2,200 square feet of living area and a two (2) car garage, as will the new home to be constructed on LOT A - 14,382.5 Sq. Ft. The new home to be constructed on LOT A and any new home constructed to replace the existing home on LOT B shall utilize only the following exterior building materials: architectural shingles, premium vinyl siding, cementitious siding, brick, stone and dryvit. Proffer 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney’s Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Ervin James Agenda Item 1 PacketPage Pg. 3 215  6.J.a Comprehensive Plan Recommendations Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural 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. (pg.1‐59 to 1‐68). 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. There does not appear to be any significant natural or cultural resources associated with this site. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 10 ADT Painters Lane No Data Available 1 Proposed Land Use 3 – 20 ADT 1 Average Daily Trips 2 as defined by a single-family 3 4 as defined by two-single family LOS = Level of Service dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Painters Lane, in the vicinity of this application, is considered a two-lane undivided local cul-de-sac street. The existing infrastructure currently resides in a 50-foot right-of-way. It is not included in the MTP and there are no roadway CIP projects slated for this area. Public Utility Impacts Water There is an existing eight-inch city water main along Painters Lane. Each proposed parcel must connect to city water with a separate and exclusive water service tap. Sewer There is an existing eight-inch city sanitary sewer gravity main and 20-inch city sanitary sewer force main along Nimmo Parkway. Each proposed parcel must connect to city sanitary sewer with a separate and exclusive sewer service tap. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 10, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 26, 2024 and July 3, 2024. Ervin James Agenda Item 1 PacketPage Pg. 4 216  6.J.a • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 24, 2024. Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural • 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 July 3, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Ervin James Agenda Item 1 PacketPage Pg. 5 217  Proposed Rezoning Exhibit Ervin James Agenda Item 1 6.J.a PacketPage 218 Pg. 6 Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural  JRP Letter Ervin James Agenda Item 1 6.J.a PacketPage 219 Pg. 7 Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural  JRP Letter Ervin James Agenda Item 1 6.J.a PacketPage 220 Pg. 8 Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural  JRP Letter Ervin James Agenda Item 1 6.J.a PacketPage 221 Pg. 9 Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural  JRP Letter Ervin James Agenda Item 1 6.J.a Packet Page 222 Pg.10 Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural  Site Photos Ervin James Agenda Item 1 6.J.a Packet Page 223 Pg.11 Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural  Disclosure Statement Ervin James Agenda Item 1 6.J.a Packet Page Pg.1224 Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural  Disclosure Statement Ervin James Agenda Item 1 6.J.a Packet Page 225 Pg.13 Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural  X Disclosure Statement 7/30/2024 Marchelle L. Coleman Ervin James Agenda Item 1 6.J.a Packet Page 226 Pg.14 Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural  6.J.a Next Steps Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural • 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. Ervin James Agenda Item 1 Page Packet Pg.15 227  6.J.a Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) B2 R7.5 Pain ters Lan R15 e AG2 AG2 Nim mo Par kw ay R15 R7.5 Nim AG2 mo Par R7.5 kw R7.5 ay Site Property Polygons Zoning Building Ervin James 2336 Painters Lane μ Feet Packet Pg. 228 0 15 30 60 90 120 150 180  6.J.a Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 1 Ervin James Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: Alright, great. Thanks for reminding me on that. At this time, I'd like to pass it on to our vice-chair for the consent agenda. Ms. Cuellar: Thank you very much. Today, we have nine items on the Consent Agenda. These are applications that are recommended for approval by staff and the planning commission concurred, and there are no speakers signed up in opposition. I'd like to go ahead with Item #1, Ervin James, please. Is there a representative here today? Mr. Bourdon: Thank you, Ms. Cuellar, Mr. Chairman, members of the commission, for the record, Eddie Bourdon, Virginia Beach Attorney, representing Mr. James. Mr. James application, he's the owner of this property for his family for close to a century. We appreciate the work of Marchelle Coleman, and the JRP group, and all the conditions as, excuse me, it's proffered, I'm sorry. We appreciate being on consent. Thank you very much. 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, Commissioner Mauch to read this into the record. Mr. Mauch: The applicant is requesting to rezone this 28,130 square foot parcel along Painter's Lane from AG-2 Agricultural District to Conditional R- 10 Residential District to create two-single family residential building lots. The request to rezone this site from AG-2 to Conditional R-10 is consistent with the Comprehensive Plan's vision for the suburban area development, within this area focuses on creating and Packet Pg. 229  6.J.a Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural maintaining great neighborhoods. Based on the consideration, staff recommendation, and the commission recommends approval of this request subject to the proffers. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the city. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, item #10 for reason stated in the letter that I've provided to the city attorney. Mr. Alcaraz: All right, thank you. Packet Pg. 230  6.J.a Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #4, one abstention on #10, and one abstention on item #14, agenda items #1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to “offset identified problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be subdivided into two (2) single family residential building lots with separate driveway entrances from Painters Lane situated substantially as shown on the exhibit entitled, "REZONING EXHIBIT FOR ERVIN JAMES, 2336 PAINTERS LANE, VIRGINIA BEACH, VIRGINIA", dated 04/29/24, prepared by Colliers Engineering and Design, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Rezoning Exhibit"), which is incorporated herein by reference. Packet Pg. 231  6.J.a Attachment: PLA 07_ARF Package for Ervin James (4123 : Ervin James (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural Proffer 2: When the existing home upon LOT B -13,747.7 Sq. Ft. depicted on the Rezoning Exhibit is renovated and expanded, or removed and replaced it shall contain a minimum of 2,200 square feet of living area and a two (2) car garage, as will the new home to be constructed on LOT A - 14,382.5 Sq. Ft. The new home to be constructed on LOT A and any new home constructed to replace the existing home on LOT B shall utilize only the following exterior building materials: architectural shingles, premium vinyl siding, cementitious siding, brick, stone and dryvit. Proffer 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney’s Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Packet Pg. 232  GREEN CLEAN HOLLAND. LLC / ALP & ALEX ASLAN FOR A CONDITIONAL USE PERMIT RE CAR WASH FACILITY AT 4245 HOLLAND ROAD DISTRICT 10 (DEFERRED FROM JULY 9, 2024) Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 233  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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: August 20, 2024 (Deferred at the July 9, 2024 CC Hearing)  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. 234  6.J.a Green Clean Holland, LLC Page 2 of 3 Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. Packet Pg. 235  6.J.a Green Clean Holland, LLC Page 3 of 3 Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Owners) 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. 236  6.J.a Applicant Green Clean Holland, LLC Agenda Item 5 Property Owners Alp & Alex Aslan Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 1 237  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 2 238  6.J.a 2 Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 3 239  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: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 4 240  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: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 5 241  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: PLA 12_ARF Package for Green Clean Holland (4134 : 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, August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Green Clean Holland, LLC Agenda Item 5 PacketPage Pg. 6 242  Proposed Site Layout Green Clean Holland, LLC Agenda Item 5 PacketPage 243 Pg. 7 6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Owners)  Proposed Signage & Dumpster Enclosure Green Clean Holland, LLC Agenda Item 5 PacketPage 244 Pg. 8 6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Owners)  Proposed Vacuums Green Clean Holland, LLC Agenda Item 5 PacketPage 245 Pg. 9 6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Owners)  Proposed Pay Stations Green Clean Holland, LLC Agenda Item 5 Packet Page 246 Pg.10 6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Owners)  Site Photos Green Clean Holland, LLC Agenda Item 5 Packet Page 247 Pg.11 6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Owners)  Site Photos Green Clean Holland, LLC Agenda Item 5 Packet Page Pg.1248 6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Owners)  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 249 Pg.13 6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Owners)  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 250 Pg.14 6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Owners)  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 251 Pg.15 6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Owners)  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 252 Pg.16 6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Owners)  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 253 Pg.17 6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Owners)  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 254 Pg.18 6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Owners)  6.J.a Next Steps Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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.19 255  6.J.a Ho B2 O2 Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : Green Clean Holland, LLC (Applicant) lla Pl n d az Ro aT ad ra A12 il B2 PDH1 Ho PDH1 Pl Ma lla az nd aT tc Ro h ra Po ad il in tD riv Ac e eC Pl ou PDH1 az rt aT ra il Site Property Polygons Zoning Building Green Clean Holland, LLC 4245 Holland Road μ Feet Packet Pg. 256 0 25 50 100 150 200 250 300  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 257  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 258  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 259  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 260  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 261  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 262  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 263  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 264  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 265  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 266  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 267  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 268  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 269  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 270  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 271  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 272  6.J.a Attachment: PLA 12_ARF Package for Green Clean Holland (4134 : 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. 273  CALIBER BODYWORKS OF VIRGINIA, LLC DBA CALIBER COLLISION CENTERS / GHS II, LC FOR A CONDITIONAL USE PERMIT RE AUTOMOBILE REPAIR GARAGE AT 3417 CHANDLER CREEK ROAD, UNITS 135, 136, & 137 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. 274  6.J.a Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CALIBER BODYWORKS OF VIRGINIA, LLC DBA CALIBER COLLISION CENTERS [Applicant] GHS II LC [Property Owner] Conditional Use Permit (Automobile Repair Garage) for the property located at 3417 Chandler Creek Road, Units 135, 136, 137 (GPIN 1495047961). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: August 20, 2024  Background: The applicant is requesting a Conditional Use Permit for an Automobile Repair Garage on this Conditional I-1 Industrial-zoned property. The applicant intends to use three existing units in an industrial condominium building for the repair garage, which totals approximately 4,500 square feet. The property will serve as an overflow work area to the Automobile Repair Garage the applicant operates on nearby 3476 Chandler Creek Road under the name Caliber Collision. Operations to be conducted at this facility include auto body repair, use and storage of hazardous material, handling and use of compressed gases, production of combustible dust, welding and cutting, and related activities associated with the operation of an automotive repair garage for automotive collision. There will be no alterations to the exterior of the building as the applicant plans to use the site as is.  Considerations: The request for an Automobile Repair Garage is consistent with the current uses in the industrial park at 3417 Chandler Creek Road. While this area is identified as a part of the Suburban Area as defined in the Comprehensive Plan, it is also located in the 70-75 dB noise zone of AICUZ making it incompatible with residential development. In their application, the applicant states the intent is to only use this site as overflow workspace which is anticipated to have a relatively low volume of activity. 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. 5 letters of support have been submitted.  Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0-1. Packet Pg. 275  6.J.a Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Page 2 of 2 Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision 1. No outside storage or display of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 2. Vehicles in a state of obvious disrepair shall only be stored inside Units 135, 136, or 137. 3. No vehicles in obvious state of disrepair shall be parked in the parking lot at 3417 Chandler Creek Road or parked on Chandler Creek Road. 4. All motor vehicle painting and repairs shall only take place inside the designated suites at 3417 Chander Creek Road. 5. Hours of operation shall be between 7:30 a.m. and 5:30 p.m., Monday through Friday, only. 6. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 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.  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. 276  6.J.a Applicant Caliber Bodyworks of Virginia, LLC DBA Caliber Agenda Item 4 Collision Centers Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Property Owners GHS II LC Planning Commission Public Hearing July 10, 2024 City Council District 10 (Rouse) Request Conditional Use Permit (Automobile Repair Garage) Staff Recommendation Approval Staff Planner Elizabeth Nowak Location 3417 Chandler Creek Road, Units 135, 136, 137 GPIN 1495047961 Site Size 4,500 square feet AICUZ 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Industrial park / Conditional I-1 Light Industrial Surrounding Land Uses and Zoning Districts North Mature tree stand / Conditional P-1 Preservation South Industrial park, single-family dwellings / Conditional I-1 Light Industrial, R-5D Residential East Mini-warehouse storage / Conditional I-1 Light Industrial West Mature tree stand / Conditional P-1 Preservation Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 PacketPage Pg. 1 277  6.J.a Background & Summary of Proposal Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision • The applicant is requesting a Conditional Use Permit for an Automobile Repair Garage on this Conditional I-1 Industrial-zoned property. The applicant intends to use three existing units in an industrial condominium building for the repair garage, which total approximately 4,500 square feet. • The applicant currently operates an Automobile Repair Garage nearby at 3476 Chandler Creek Road under the name Caliber Collision. The applicant intends to use this new location at 3417 Chandler Creek Road, Units 135, 136, and 137 as overflow work area. There are four repair bays across the three units. Each bay can fit two cars at any one time, with a maximum of eight vehicles at this location. Up to five technicians will work here. • While this area will be an overflow location for the operations at 3476 Chandler Creek Road, it will not be used to store or park vehicles awaiting repair at either location. The parking lot is neither gated or screened and the applicant has indicated that only vehicles that are actively being repaired inside the garages will be located on site. • Operations to be conducted at this facility include auto body repair, use and storage of hazardous material (such as new and used vehicle fluids like oil and antifreeze and tanks of acetylene for use in body work repairs), handling and use of compressed gases, production of combustible dust (as a by-product of repairs), welding and cutting, and related activities associated with the operation of an automotive repair garage for automotive collision. • Up to five employees are anticipated at this site. • No alterations to the exterior of the building are planned as the applicant intends to use the space as is. A floorplan is provided on page 7 of this report. The building is a pre-engineered metal building with a steel frame and masonry block veneer. • Per Section 203(a)(16), one parking space is required for each 900 square feet of floor area. Five parking spaces are required for this use at this site. There are 22 parking spaces available on this parcel for the Units 135, 136, and 137, thereby meeting the parking requirement. Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 PacketPage Pg. 2 278  6.J.a Zoning History # Request Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision 1 MDC (Church) Approved 04/05/2016 MDC (Church) Approved 06/08/2010 MDC (Church) Approved 11/12/2002 CUP (Church) Approved 12/10/1984 2 CUP (Bulk Storage Yard) Approved 03/01/2016 7 CUP (Automobile Repair Garage) Approved 12/08/2015 CRZ (R-5D to Conditional I-1) Approved 07/03/2001 3 CUP (Automobile Repair Garage) Approved 06/12/2012 2 8 4 5 CUP (Bulk Storage Yard) Approved 10/13/2009 CUP (Automobile Repair Garage) Approved 03/28/2006 6 MDP Approved 10/25/2005 3 CRZ (R-5D to Conditional O-2 and Conditional R-5D) Approved 08/24/2004 5 4 7 CRZ (R-5D to Conditional I-1, I-2, and P-1) Approved 16 08/10/2004 8 MDP Approved 10/9/2001 CRZ (R-5D to Conditional I-1) Approved 08/11/1999 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 In Staff’s opinion, this request for an Automobile Repair Garage is acceptable. While this area is identified as a part of the Suburban Area as defined in the Comprehensive Plan, it is also located in the 70-75 dB noise zone of the AICUZ, which is incompatible with residential development, and the use is consistent with other industrial, warehousing, and repair uses located in the industrial park at 3417 Chandler Creek Road. No alterations are proposed to the building and sufficient parking is met on site. In their application, the applicant states that the intent is to only use this location as overflow workspace and that the only vehicles located here will be those being actively worked on inside the building. Up to eight vehicles can be stored and/or worked on at a time in this facility according to the floor plans provided by the applicant, which is a relatively low volume of activity. Given that there are no adverse traffic impacts and that the use is compatible with the surrounding area and the AICUZ, Staff recommends approval of this request subject to the conditions and exhibits below. Recommended Conditions 1. No outside storage or display of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 2. Vehicles in a state of obvious disrepair shall only be stored inside Units 135, 136, or 137. 3. No vehicles in obvious state of disrepair shall be parked in the parking lot at 3417 Chandler Creek Road or parked on Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 PacketPage Pg. 3 279  6.J.a Chandler Creek Road. 4. All motor vehicle painting and repairs shall only take place inside the designated suites at 3417 Chander Creek Road. Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision 5. Hours of operation shall be between 7:30 a.m. and 5:30 p.m., Monday through Friday, only. 6. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This project falls within the Suburban Area. The primary guiding principle for the Suburban Area is to create and maintain Great Neighborhoods that seeks compatible non-residential uses to maintain and create neighborhood stability (p.1-60 to 1-63. With the location of this property falling in the 70-75 dB Noise Zone of the AICUZ and located off a roadway that serves other auto and industrial related uses, this is an acceptable location for this use. Additionally, this property falls in between two Special Economic Growth Areas (SEGAs), and although it does not fall within SEGA 3 or 4, it is seen that a light industrial use would be compatible with this area (p.2-85). Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. There are no site improvements or other construction proposed with this application. No known historic or cultural resources will be affected by this application. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – No Data Available Chandler Creek Road No Data Available 9,900 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 75 ADT 1 Average Daily Trips 2 as defined by 4,500 SF of 3 4 as defined by 4,500 SF of LOS = Level of Service industrial use Automobile Repair Garage Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Chandler Creek Road is a two-lane, local street in the vicinity of this application. There are no CIP projects planned for this area. Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 PacketPage Pg. 4 280  6.J.a Public Utility Impacts Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Water The site currently connects to City Water. There is an existing 10-inch City water main along Chandler Creek Road. Sewer The stie currently connects to City sanitary sewer. There is an existing 10-inch City gravity sewer main along Chandler Creek Road. Public Outreach Information Planning Commission • The applicant reported that they met with some adjacent businesses, and no objections were raised. The applicant provided a petition with the five signatures of support to Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 10, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 26, 2024 and July 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 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 July 3, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 PacketPage Pg. 5 281  Proposed Site Layout Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 6.J.a PacketPage 282 Pg. 6 Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision  Proposed Floor Plan Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 6.J.a PacketPage 283 Pg. 7 Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision  Site Photos Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 6.J.a PacketPage 284 Pg. 8 Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision  Site Photos Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 6.J.a PacketPage 285 Pg. 9 Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision  Disclosure Statement Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 6.J.a Packet 286 Page Pg.10 Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision  Disclosure Statement Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 6.J.a Packet 287 Page Pg.11 Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision  Disclosure Statement Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 6.J.a Packet Page Pg.1288 Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision  Disclosure Statement Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 6.J.a Packet 289 Page Pg.13 Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision  Disclosure Statement Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 6.J.a Packet 290 Page Pg.14 Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision  Disclosure Statement Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 6.J.a Packet 291 Page Pg.15 Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision  6.J.a Next Steps Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision • 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. Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 PacketPage Pg.16 292  6.J.a I2 Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of I1 R5D R5D I1 I1 P1 I1 R5D Ro ad B2 Ne R5D ck Da B2 I1 R5D m R5D O1 AG2 Site Property Polygons Zoning Building Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers 3417 Chandler Creek Road, μ Units 135, 136, & 137 Feet Packet Pg. 293 0 50100 200 300 400 500 600  6.J.a Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 4 Caliber Body Works of Virginia Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Our next item is Item 4, Caliber Body Works of Virginia. Can the representative please come forward? Ms. Loayza: My name is Christina Loayza. I represent Caliber Body Works of Virginia, DBA, Caliber Collision Centers, and I consent to the conditions that were put upon us. Ms. Cuellar: Okay, great. 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 Parks to read this into the record. Mr. Parks: Thank you. The applicant is requesting a conditional use permit for an automobile repair garage on this conditional I-1 industrially zoned property. The applicant intends to use three existing units in an industrial condominium building for the repair garage, which is approximately 4,500 square feet. There are no planned exterior alterations, and no letters of opposition on file with five letters of support on file. Hearing that, we've placed it on the consent agenda. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items ##1, 4, 5, 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Packet Pg. 294  6.J.a Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the City. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, item #10 for reason stated in the letter that I've provided to the City Attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #four, one abstention on #10, and one abstention on item #14, agenda items #1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Vote Tally AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Cromwell X Coston ABS Cuellar AYE Estaris AYE Packet Pg. 295  6.J.a Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. No outside storage or display of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 2. Vehicles in a state of obvious disrepair shall only be stored inside Units 135, 136, or 137. 3. No vehicles in obvious state of disrepair shall be parked in the parking lot at 3417 Chandler Creek Road or parked on Chandler Creek Road. 4. All motor vehicle painting and repairs shall only take place inside the designated suites at 3417 Chander Creek Road. 5. Hours of operation shall be between 7:30 a.m. and 5:30 p.m., Monday through Friday, only. 6. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 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. 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. Packet Pg. 296 Packet Pg. 297 6.J.a Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Packet Pg. 298 6.J.a Attachment: PLA 11_ARF Package for Caliber Bodyworks of Virginia, LLC (4125 : Caliber Bodyworks of Virginia, LLC DBA Caliber Collision  DIAMOND FARROW / STAR REAL ESTATE, LLC FOR A CONDITIONAL USE PERMIT RE ASSEMBLY USE AT 4604 PEMBROKE LAKE CIRCLE, SUITE 104 DISTRICT 9 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. 299  6.J.a Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DIAMOND FARROW [Applicant] STAR REAL ESTATE, LLC [Property Owner] Conditional Use Permit (Assembly Use) for the property located at 4604 Pembroke Lake Circle, Suite 104 (GPIN 1478511874). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: August 20, 2024  Background: The applicant is proposing to operate an event rental space within a 1,050-square- foot unit in the existing building on the site. Per the Zoning Ordinance, an event venue is classified as an Assembly Use, and as such, a Conditional Use Permit is required for property in the B-2 Community Business District. Specifically, the applicant proposes to rent the venue to the public for small gatherings, such as networking events, business meetings, receptions, birthday gatherings, and other various small private events. Those renting the venue will be responsible for bringing food prepared offsite, by either a caterer or by themselves, as there will not be a kitchen onsite. The applicant intends to limit the number of guests to no more than 49 people; however, the maximum occupant load will ultimately be determined by the Building Official/Fire Marshal. Per the Zoning Ordinance, the site is classified as a shopping center with a parking requirement of one space per 250 square feet of floor area. This results in a minimum parking requirement of 44 spaces; however, there are only 35 spaces on the property. Based on this, the applicant submitted a parking study that contends that there is sufficient parking on the site based on the typical hours of operation of the various tenants in the building, including parking for the assembly use. The various uses of this shopping center include various retail shops, a church, Beauty Bar, Martial Arts School, and a Daycare Center. The Zoning Administrator approved the parking study with limited hours of operation to ensure peak hours for the assembly use would not overlap with peak hours of the other uses in the center, as noted in Condition 4. There will be no significant modifications to the site or to the exterior of the building. The existing box sign will remain above the entrance; however, the sign face will be modified to display the logo of the establishment.  Considerations: The proposed use is, in Staff’s opinion, acceptable and consistent with other retail establishments in the shopping center. Further details pertaining to the application, Packet Pg. 300  6.J.a Diamond Farrow Page 2 of 2 as well as Staff’s evaluation, are provided in the attached Staff Report. There is no Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) known opposition to this request.  Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0-1. 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official’s Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall, but in no instance shall the occupancy exceed 49 people. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of new signs. 4. The hours of operation will be 6:00 pm to 12:00 am, Monday through Fridays, Noon to 12:00 am on Saturdays and Sundays.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (4) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 301  6.J.a Applicant Diamond Farrow Agenda Item Property Owner Star Real Estate, LLC Planning Commission Public Hearing July 10, 2024 10 Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) City Council District 9 (Schulman) Request Conditional Use Permit (Assembly Use) Staff Recommendation Approval Staff Planner Madison Harris Eichholz Location 4604 Pembroke Lake Circle, Suite 104 GPIN 1478511874 Site Size 37,300 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Mixed Retail / B‐2 Community Business Surrounding Land Uses and Zoning Districts North Pembroke Boulevard Vacant Lot / B‐2 Community Business South Pembroke Lake Circle Townhouses/ B‐2 Community Business East Bank / B‐2 Community Business West Pembroke Lake Circle Mixed Retail / B‐2 Community Business Diamond Farrow Agenda Item 10 PacketPage Pg. 1 302  6.J.a Background & Summary of Proposal  The applicant is proposing to operate an event rental space within a 1,050‐square‐foot unit in the existing building Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) on the site. Per the Zoning Ordinance, an event venue is classified as an Assembly Use, and as such, a Conditional Use Permit is required for property in the B‐2 Community Business District.  Specifically, the applicant proposes to rent the venue to the public for small gatherings, such as networking events, business meetings, receptions, birthday gatherings, and other various small private events.  Those renting the venue will be responsible for bringing food prepared offsite, by either a caterer or by themselves, as there will not be a kitchen onsite.  The applicant intends to limit the number of guests to no more than 49 people; however, the maximum occupant load will ultimately be determined by the Building Official/Fire Marshal.  Per the Zoning Ordinance, the site is classified as a shopping center with a parking requirement of one space per 250 square feet of floor area. This results in a minimum parking requirement of 44 spaces; however, there are only 35 spaces on the property. Based on this, the applicant submitted a parking study that contends that there is sufficient parking on the site based on the typical hours of operation of the various tenants in the building, including parking for the assembly use. The various uses of this shopping center include various retail shops, a church, Beauty Bar, Martial Arts School, and a Daycare Center. The Zoning Administrator approved the parking study with limited hours of operation to ensure peak hours for the assembly use would not overlap with peak hours of the other uses in the center. The hours of operation are included in Condition 4 below.  There will be no significant modifications to the site or to the exterior of the building. The existing box sign will remain above the entrance; however, the sign face will be modified to display the logo of the establishment, as shown on page 6 of this report. 1 Zoning History # Request 2 1 2 CUP (Indoor Recreation) Approved 04/13/1999 CUP (Tattoo Parlor) Approved 05/08/2019 CUP (Assembly Use) Approved 10/02/2019 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 Diamond Farrow Agenda Item 10 PacketPage Pg. 2 303  6.J.a Evaluation & Recommendation This assembly use will provide an amenity space to the community to use for small gatherings and social events. As Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) previously mentioned, parking for the shopping center is deficient by 9 spaces. The parking study submitted by the has been reviewed and approved by the Zoning Administrator. Staff concludes that there are not enough parking spaces for the assembly use to operate during peak hours however the applicant is agreeable to counter the hours of the other uses on site. To accommodate parking on site, Staff recommends that events be limited to off peak hours and weekends, as noted in condition 4 below. Based on this, Staff Recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official’s Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall, but in no instance shall the occupancy exceed 49 people. 3. Any on‐site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of new signs. 4. The hours of operation will be 6:00 pm to 12:00 am, Monday through Fridays, Noon to 12:00 am on Saturdays and Sundays. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This project falls within the Suburban Area. The primary guiding principle for the Suburban Area is to create and maintain Great Neighborhoods that seeks compatible non‐residential uses to maintain and create neighborhood stability. The proposed event venue aligns with the recommendations of the Comprehensive Plan. Diamond Farrow Agenda Item 10 PacketPage Pg. 304  6.J.a Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known significant cultural resources associated with Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) this site. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Independence Blvd 40,500 ADT1 55,500 ADT 1 (LOS 4 “D”) Assembly Use 3 – No Data Available Pembroke Lake Circle No Data Available 9,900 ADT 1 (LOS 4 “D”) Assembly Use 3 – No Data Available 1 Average Daily Trips 3 4 No information available in the LOS = Level of Service ITE Trip Generation Manual for event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Independence Blvd is a six‐lane divided major arterial road in the vicinity of this site. There is currently no capital improvement projects scheduled for this segment of Independence Blvd. Pembroke Lake Circle is in the vicinity of this application is considered a two‐lane undivided local street. No Capital Improvement Projects are slated for this area. Active Transportation Plan The Active Transportation Plan calls for the expansion of the existing shared use path on Witchduck Road adjacent to this project. However, due to the scope of this project, namely that the applicant is occupying an existing unit and no exterior site improvements are proposed, staff is not requiring the applicant to complete improvements. Public Utility Impacts Water & Sewer The property is connected to water and sewer. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. Public Outreach Information Planning Commission  The applicant reported that they met with the surrounding property owners, and no objections were raised. A petition in support of the use has been submitted with four signatures.  As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 10, 2024.  As required by State Code, this item was advertised in the Virginian‐Pilot on Wednesdays, June 26, 2024 and July 3, 2024.  As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 24, 2024. Diamond Farrow Agenda Item 10 PacketPage Pg. 4 305  6.J.a  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 July 3, 2024. City Council Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  As required by City Code, this item was advertised in the Virginian‐Pilot on Tuesdays, August 6, 2024, and August 13, 2024.  As required by City Code the adjacent property owners were notified regarding both the request and the data of the City Council’s public hearing on August 5, 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 August 16, 2024. Diamond Farrow Agenda Item 10 PacketPage Pg. 5 306  Proposed Site Layout Diamond Farrow Agenda Item 10 6.J.a PacketPage Pg. 6 307 Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Proposed Signage Diamond Farrow Agenda Item 10 6.J.a PacketPage Pg. 7 308 Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Site Photos Diamond Farrow Agenda Item 10 6.J.a PacketPage Pg. 8 309 Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Diamond Farrow Agenda Item 10 6.J.a PacketPage Pg. 9 310 Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Disclosure Statement Diamond Farrow Agenda Item 10 Page 6.J.a Packet Pg.10 311 Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Disclosure Statement Diamond Farrow Agenda Item 10 Page 6.J.a Packet Pg.11 312 Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Disclosure Statement Diamond Farrow Agenda Item 10 Page 6.J.a Packet Pg.12 313 Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Disclosure Statement Diamond Farrow Agenda Item 10 Page 6.J.a Packet Pg.1314 Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Disclosure Statement Diamond Farrow Agenda Item 10 Page 6.J.a Packet Pg.14 315 Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Disclosure Statement Diamond Farrow Agenda Item 10 Page 6.J.a Packet Pg.15 316 Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  6.J.a Next Steps  Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (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. Diamond Farrow Agenda Item 10 Page Packet Pg.16 317  6.J.a A18 B2 Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real ard Indep u lev o ke Bo r Pemb enden e brok ard ce Bo v Pem Bou le r ok e B2 Pe mb ulevar Professio B2 B2 Cir Lake d nal Circle B2 cle A18 B2 B2 R7.5 Site Property Polygons Zoning Building Diamond Farrow 4604 Pembroke Lake Circle, Suite 104 μ Packet Pg. 318 Feet 0 25 50 100 150 200 250 300  6.J.a Virginia Beach Planning Commission Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) July 10, 2024, Public Meeting Item # 10 Diamond Farrow Star Real Estate, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Item #10 Diamond Farrow Star Real Estate, LLC. Welcome. Could you please state your name for the record? Ms. Farrow: Diamond Farrow. Ms. Cuellar: Are the conditions acceptable to you? Ms. Farrow: Yes, they are. Ms. Cuellar: Okay, thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Coston to please read this into the record. Mr. Coston: The applicant is proposing to operate an event rental space within a 1,050 square foot unit in the existing building on the site. Per the zoning ordinance, an event venue is classified as an assembly use, and as such a conditional use permit is required for property in the B2 community business district. Specifically, the applicant proposes to rent the venue to the public for small gatherings such as networking events, business meetings, receptions, birthday gatherings, and other various small private events. The discussed item in an early meeting and deemed that this item was appropriate for the consent agenda. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places Packet Pg. 319  6.J.a the following applications on the consent agenda. Items ##1, 4, 5, Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the city. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, item #10 for reason stated in the letter that I've provided to the city attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #four, one abstention on #10, and one abstention on item #14, agenda items #1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Packet Pg. 320  6.J.a Vote Tally Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Cromwell X Coston AYE Cuellar ABS Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official’s Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall, but in no instance shall the occupancy exceed 49 people. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of new signs. 4. The hours of operation will be 6:00 pm to 12:00 am, Monday through Fridays, Noon to 12:00 am on Saturdays and Sundays. 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. Packet Pg. 321 Packet Pg. 322 6.J.a Attachment: PLA 10_ARF Package for Diamond Farrow (4130 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  BRIAN L. HARRIS / AL MASON LANDSCAPING, INC FOR A CONDITIONAL USE PERMIT RE AUTOMOBILE REPAIR GARAGE AT 212 SOUTHGATE AVENUE & ADJOINING SOUTHERN PARCEL 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. 323  6.J.a Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRIAN L. HARRIS [Applicant] AL MASON LANDSCAPING, INC. [Property Owner] Conditional Use Permit (Automobile Repair Garage) for the property located at 212 Southgate Avenue & adjoining southern parcel (GPIN 1467944748, 1467944746). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: August 20, 2024  Background: The applicant is requesting a Conditional Use Permit to operate an Automobile Garage in the existing building at 212 Southgate Avenue and the parcel immediately adjacent to the south. No alterations to the building are proposed. Both parcels are zoned I-1 Light Industrial. The proposed garage will service approximately 3 to 5 vehicles daily that will be dropped off and picked up by customers. Hours of operation are proposed between 8:00 a.m. and 5:00 p.m. Monday through Friday. Sufficient parking will be provided on site. The applicant is requesting deviations to landscape requirements for building foundation plantings and parking lot landscape requirements.  Considerations: The property is located in the Central Village District, a subarea defined in the Pembroke Strategic Growth Area (SGA), which is recommended to transition away from autocentric uses and to develop as a mixed-use, mid-rise neighborhood. The request for a Conditional Use Permit, while not meeting the Comprehensive Plan’s recommendations for the Central Village District, is an acceptable interim use given the current concentration of auto-centric uses in the area. The requested deviations to landscaping requirements are acceptable given the interim nature of the site and as the applicant is proposing no major alterations to the property. 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 July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the use of the Automobile Repair Garage after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation shall be between 8:00 a.m. to 5:30 p.m., Monday through Friday only. Packet Pg. 324  6.J.a Brian L. Harris Page 2 of 2 3. Parking spaces shall be marked by freestanding signage in substantial Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner) conformance with the style exhibited to Planning Commission and City Council and/or by concrete wheel stops. 4. No alterations shall be made to the existing buildings. 5. All automobile repairs shall take place only inside the building. 6. No outside storage of equipment, parts, materials, tires, merchandise, or similar objects or goods shall be permitted. 7. The parking lot shall be for use by employees, customers, and customer vehicles only. There shall be no storage of other vehicles on site (e.g., offsite storage for automobile sales). 8. No outside storage of vehicles in obvious disrepair shall be permitted if vehicles in this condition require storage, then such vehicles shall be stored within the building. 9. All lighting and glare shall be deflected, shaded, and focused away from adjoining property. 10. No automobile sales shall be permitted. 11. Any cleaning and/or detailing of vehicles shall only be permitted indoors and shall adhere to all required regulations for collection, treatment, and disposal of wastewater. 12. No building foundation landscaping nor parking lot landscaping shall be required. This is a deviation from the landscape requirements in the Site Plan Ordinance. 13. The ADA space shall meet the minimum dimensional requirements as set forth in the Zoning Ordinance (9-feet by 18-feet) and shall be paved with a hard surface like concrete or asphalt.  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. 325  6.J.a Applicant Brian L. Harris Agenda Item 7 Property Owner Al Mason Landscaping, Inc. Planning Commission Public Hearing July 10, 2024 Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner) City Council District 4 (Ross-Hammond) Request Conditional Use Permit (Automobile Repair Garage) Staff Recommendation Approval Staff Planner Elizabeth Nowak Location 212 Southgate Avenue & adjoining southern parcel GPINs 1467944748, 1467944746 Site Size 9,375 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Former office / I-1 Light Industrial Surrounding Land Uses and Zoning Districts North Retail / I-1 Light Industrial South Industrial office / I-1 Light Industrial East Eating and drinking establishment, automobile repair garage / I-1 Light Industrial West Southgate Avenue Salvage yard / I-1 Light Industrial Brian L. Harris Agenda Item 7 PacketPage Pg. 1326  6.J.a Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate an Automobile Repair Garage in the existing Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner) buildings at 212 Southgate Avenue and the parcel immediately adjacent to the south. Both parcels are zoned I-1 Light Industrial. The applicant became aware of the need to obtain a Conditional Use Permit after they had already signed a lease and had begun operating on site. They submitted an application upon learning of the requirement. • The proposed repair garage will service approximately three to five vehicles daily. Vehicles are received via drop off by customers who return later for pickup. • Hours of operation are proposed between 8:00 a.m. and 5:00 p.m., Monday through Friday. • Employees include the repair garage owner and his wife. They occasionally contract employees, though typically there are only one or two contract employees at a time. • This property is located in the Central Village District, a subarea defined in the Pembroke Strategic Growth Area (SGA). As the applicant is familiar with recommendations for this area in the Pembroke SGA to transition away from autocentric uses and the impending Cleveland Street CIP, they intend to use the site as-is with the understanding that they may only operate here a short time. • The applicant is also requesting deviations to landscape requirements for building foundation plantings and parking lot landscape requirements given the likelihood that they will only operate at this location for a finite period. • Per Section 203(a)(16), one parking space is required for every 900 square feet of floor area. The building is approximately 4,903 square feet, which requires a minimum of five parking spaces. The site can accommodate five parking spaces, thereby meeting the requirement. Zoning History # Request 1 1 2 CUP (Automobile Repair Garage) Approved 08/04/2015 CUP (Church) Approved 04/13/2010 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 Brian L. Harris Agenda Item 7 PacketPage Pg. 2327  6.J.a Evaluation & Recommendation In Staff’s opinion, this request for a Conditional Use Permit for an Automobile Repair Garage is acceptable. The Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner) Comprehensive Plan’s recommendations for the Pembroke SGA, and particularly for the Central Village District, are contrary to many of the existing uses in this area. This property is one of many in the area identified as the Central Village District that has been or is currently used for automotive service, repair, or storage. The Pembroke SGA plan envisions gradual replacement of these uses with dense, urban residential development supported by businesses catering to residential needs and services. While the proposed use would continue a contrary use, Staff recommends Condition 1, which would set an expiration date for this Conditional Use Permit and thereby requiring a new one be obtained should the applicant wish to continue in this location. Redevelopment in line with the vision set in the Comprehensive Plan is not yet ripe in this area, but may be soon, following the completion of the Cleveland Street CIP and other mixed-use and residential projects in the Pembroke SGA. Staff finds this to be a reasonable interim use that can be reevaluated in five years to see if it is still a reasonable and compatible use. Conditional use permits for similar uses in this district that were approved in the mid-2010s were conditioned with expirations after 10 years, which was intended to coincide with the planned improvements to Cleveland Street. Recommended Condition 1 is consistent with past practice and will coincide with those expirations. The proposed hours of operation are typical for most businesses and Staff recommends Condition 2 to provide some flexibility for the applicant for customer pickup in the evenings. Given the conditions discussed above, Staff is also supportive of the requested deviations to landscape requirements, particularly as Staff recommends this only as an interim use. The site is almost entirely covered with impervious surface. The parking area is crushed gravel, and several overhead bays take up large areas of the primary building elevations. There is little reasonable area in which to landscape and still maintain access and use of the site. The applicant will be marking parking spaces by installing freestanding parking signs and will tidy the gravel lot. While this site is near Cleveland Street and the CIP project for that street, it will not be directly affected. Staff’s analysis finds that there will be few additional trips generated as a result of this use. Staff recommends approval of this request subject to the conditions and exhibits in this report. Recommended Conditions 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the use of the Automobile Repair Garage after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation shall be between 8:00 a.m. to 5:30 p.m., Monday through Friday only. 3. Parking spaces shall be marked by freestanding signage in substantial conformance with the style exhibited to Planning Commission and City Council and/or by concrete wheel stops. 4. No alterations shall be made to the existing buildings. 5. All automobile repairs shall take place only inside the building. 6. No outside storage of equipment, parts, materials, tires, merchandise, or similar objects or goods shall be permitted. 7. The parking lot shall be for use by employees, customers, and customer vehicles only. There shall be no storage of other vehicles on site (e.g., offsite storage for automobile sales). 8. No outside storage of vehicles in obvious disrepair shall be permitted if vehicles in this condition require storage, then such vehicles shall be stored within the building. Brian L. Harris Agenda Item 7 PacketPage Pg. 3328  6.J.a 9. All lighting and glare shall be deflected, shaded, and focused away from adjoining property. 10. No automobile sales shall be permitted. Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner) 11. Any cleaning and/or detailing of vehicles shall only be permitted indoors and shall adhere to all required regulations for collection, treatment, and disposal of wastewater. 12. No building foundation landscaping nor parking lot landscaping shall be required. This is a deviation from the landscape requirements in the Site Plan Ordinance. 13. The ADA space shall meet the minimum dimensional requirements as set forth in the Zoning Ordinance (9-feet by 18-feet) and shall be paved with a hard surface like concrete or asphalt. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Pembroke Strategic Growth Area (SGA) in the Central Village District. 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 (1-30 to 1-36). An automotive repair business does not fit this vision as a compatible use in the Pembroke SGA as it fails to advance guiding principles of the SGA plan, including efficient use of land resources and maximization of infrastructure for multi-modal means. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed and is located outside of the Resource Protection Area. There are no site improvements proposed with this application. No historical or cultural resources will be affected by this application. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 12 ADT Southgate Avenue No Data Available 9,900 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 80 ADT 1 Average Daily Trips 2 as defined by 6,900 square 3 4 as defined by a 4,900 square-foot LOS = Level of Service feet of I-1 zoning automobile repair garage Brian L. Harris Agenda Item 7 PacketPage Pg. 4329  6.J.a Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Southgate Avenue is a two-lane, industrial local street. The subject site is near the limits of the Cleveland Street Phase IV project, which is scheduled to begin construction in 2027. It will not be directly affected by the project. No CIP projects are planned for Southgate Avenue at this time. Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner) Public Utility Impacts Water & Sewer The site 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 June 10, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 26, 2024 and July 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 24, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.virginiabeach.gov/pc on July 3, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Brian L. Harris Agenda Item 7 PacketPage Pg. 5330  Proposed Site Layout Brian L. Harris Agenda Item 7 6.J.a PacketPage Pg. 6331 Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner)  6.J.a Proposed Style of Freestanding Parking Sign Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner) To read “Employee Parking” and/or “Customer Parking” Brian L. Harris Agenda Item 7 PacketPage Pg. 7332  Site Photos Brian L. Harris Agenda Item 7 6.J.a PacketPage Pg. 8333 Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner)  Site Photos Brian L. Harris Agenda Item 7 6.J.a PacketPage Pg. 9334 Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner)  Disclosure Statement Brian L. Harris Agenda Item 7 6.J.a Packet Page Pg.10335 Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner)  Disclosure Statement Brian L. Harris Agenda Item 7 6.J.a Packet Page Pg.11336 Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner)  Disclosure Statement Brian L. Harris Agenda Item 7 6.J.a Packet Page Pg.12337 Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner)  Disclosure Statement Brian L. Harris Agenda Item 7 6.J.a Packet Page Pg.1338 Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner)  Disclosure Statement Brian L. Harris Agenda Item 7 6.J.a Packet Page Pg.14339 Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner)  Disclosure Statement Brian L. Harris Agenda Item 7 6.J.a Packet Page Pg.15340 Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner)  6.J.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (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. Brian L. Harris Agenda Item 7 Page Packet Pg.16341  6.J.a Southgate Avenue I1 B2 Eu Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason cl id Ro ad I2 Brian Avenue I1 I1 I1 I1 I1 Site Property Polygons Zoning Building Brian L Harris 212 Southgate Avenue & adjoining southern parcel μ Feet Packet Pg. 342 0 1020 40 60 80 100 120  6.J.a Virginia Beach Planning Commission Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner) July 10, 2024, Public Meeting Item # 7 Brian L. Harris Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Okay, so I'll just go on to the next one and then come back. Thank you. Item 7, Brian L. Harris is the applicant. Is there anyone here today? Oh, here we go. Welcome. If you could please state your name for the record. Mr. Harris: Brian Harris. Ms. Cuellar: Are the conditions acceptable to you? Mr. Harris: Yes. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Byler to read this into the record. Ms. Byler: Applicant Brian Harris and Mason Landscaping Incorporated are the applicants. They are requesting a conditional use permit to operate an automobile repair garage in an existing building at 212 Southgate Avenue and the parcel immediately adjacent to the south. Both parcels are zoned I-1 Light Industrial. The applicant became aware of the need to obtain a conditional use permit after he had already signed a lease and had begun operating on the site. They submitted an application as soon as they learned, and they have worked hard with Staff in order to come up with a plan that is acceptable. After having worked with Staff, they do now have Staff approval and we know of no opposition. Therefore, it appears to be a good item for the consent agenda. Packet Pg. 343  6.J.a I will just note that if accepted, this recommendation is for five years Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner) only as it is part of an overlay area and a transition area in the SGA. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items ##1, 4, 5, 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the City. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, Item 10 for reason stated in the letter that I've provided to the City Attorney. Mr. Alcaraz: All right, thank you. Packet Pg. 344  6.J.a Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on Item Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner) 4, one abstention on Item 10, and one abstention on Item 14, agenda items 1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the use of the Automobile Repair Garage after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation shall be between 8:00 a.m. to 5:30 p.m., Monday through Friday only. 3. Parking spaces shall be marked by freestanding signage in substantial conformance with the style exhibited to Planning Commission and City Council and/or by concrete wheel stops. 4. No alterations shall be made to the existing buildings. 5. All automobile repairs shall take place only inside the building. 6. No outside storage of equipment, parts, materials, tires, merchandise, or similar objects or goods shall be permitted. 7. The parking lot shall be for use by employees, customers, and customer vehicles only. There shall be no storage of other vehicles on site (e.g., offsite storage for automobile sales). 8. No outside storage of vehicles in obvious disrepair shall be permitted if vehicles in this condition require storage, then such vehicles shall be stored within the building. Packet Pg. 345  6.J.a 9. All lighting and glare shall be deflected, shaded, and focused away from adjoining Attachment: PLA 08_ARF Package for Brian L. Harris (4128 : Brian L. Harris (Applicant) AI Mason Landscaping, Inc (Property Owner) property. 10. No automobile sales shall be permitted. 11. Any cleaning and/or detailing of vehicles shall only be permitted indoors and shall adhere to all required regulations for collection, treatment, and disposal of wastewater. 12. No building foundation landscaping nor parking lot landscaping shall be required. This is a deviation from the landscape requirements in the Site Plan Ordinance. 13. The ADA space shall meet the minimum dimensional requirements as set forth in the Zoning Ordinance (9-feet by 18-feet) and shall be paved with a hard surface like concrete or asphalt. 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. Packet Pg. 346  LOGAN’S TOWING & SERVICE, INC / SOUTHGATE, LLC FOR A CONDITIONAL USE PERMIT RE AUTOMOBILE REPAIR GARAGE AT 225 & 229 SOUTHGATE AVENUE 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. 347  6.J.a Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LOGAN’S TOWING & SERVICE, INC. [Applicant] SOUTHGATE, LLC [Property Owner] Conditional Use Permit (Automobile Repair Garage) for the property located at 225 and 229 Southgate Avenue (GPIN 1467942968). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: August 20, 2024  Background: The applicant is requesting a Conditional Use Permit to operate an Automobile Garage in the existing building at 225 and 229 Southgate Avenue. No alterations to the building are proposed. Both parcels are zoned I-1 Light Industrial. Hours of operation are proposed between 8:00 a.m. and 5:30 p.m. Monday through Saturday. The site can accommodate four on-site parking spaces, additionally there is an existing parking area entirely within the City’s right-of-way that can accommodate 6 additional spaces.  Considerations: The property is located in the Central Village District, a subarea defined in the Pembroke Strategic Growth Area (SGA), which is recommended to transition away from autocentric uses and to develop as a mixed-use, mid-rise neighborhood. The request for a Conditional Use Permit, while not meeting the Comprehensive Plan’s recommendations for the Central Village District, is an acceptable interim use given the current concentration of auto-centric uses in the area. 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 July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0-1. 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the use of the Automobile Repair Garage after such expiration, a new Conditional Use Permit shall be obtained. 2. Prior to the issuance of the Certificate of Occupancy for the use the site will in substantial conformance with site plan and landscaping exhibit titled “SITE AND BUILDING PLANS, AUTO REPAIR AND SERVICE FACILITY, LOGAN’S TOWING & SERVICE, INC.,” as prepared by Verebely & Associates, Architects, and dated April 29, 2024. Packet Pg. 348  6.J.a Logan’s Towing & Service, Inc. Page 2 of 2 Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC 3. Hours of operation shall be between 8:00 a.m. to 5:30 p.m., Monday through Saturday only. 4. All automobile repairs shall take place only inside the building. 5. No outside storage of equipment, parts, materials, tires, merchandise, or similar objects or goods shall be permitted. 6. The parking lot shall be for use by employees, customers, and customer vehicles only. There shall be no storage of other vehicles on site (e.g., offsite storage for automobile sales). 7. No outside storage of vehicles in obvious disrepair shall be permitted if vehicles in this condition require storage, then such vehicles shall be stored within the building. 8. All lighting and glare shall be deflected, shaded, and focused away from adjoining property. 9. No automobile sales shall be permitted. 10. Any cleaning and/or detailing of vehicles shall only be permitted indoors and shall adhere to all required regulations for collection, treatment, and disposal of wastewater.  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. 349  6.J.a Applicant Logan’s Towing & Service, Inc. Agenda Item 14 Property Owner Southgate, LLC Planning Commission Public Hearing July 10, 2024 Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC City Council District 4 (Ross-Hammond) Request Conditional Use Permit (Automobile Repair Garage) Staff Recommendation Approval Staff Planner Garek Hall Hannigan Location 225 & 229 Southgate Avenue GPINs 1467942968 Site Size 12,500 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Former contractor office / I-1 Light Industrial Surrounding Land Uses and Zoning Districts North Vacant warehouse / I-1 Light Industrial South Industrial fabrication / I-1 Light Industrial East Southgate Avenue Retail sales / I-1 Light Industrial West Salvage yard, warehouse / I-1 Light Industrial Logan’s Towing & Service, Inc. Agenda Item 14 PacketPage Pg. 1350  6.J.a Background & Summary of Proposal  The applicant is requesting a Conditional Use Permit to operate an Automobile Repair Garage in the existing Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC buildings at 225 & 229 Southgate Avenue. The parcel is zoned I-1 Light Industrial.  Hours of operation are proposed between 8:30 a.m. and 5:00 p.m., Monday through Saturday.  The business will employ up to four (4) employees and will only conduct motor vehicle repair.  The site will not be used a tow-yard.  This property is located in the Central Village District, a subarea defined in the Pembroke Strategic Growth Area (SGA). As the applicant is familiar with recommendations for this area in the Pembroke SGA to transition away from autocentric uses and the impending Cleveland Street CIP, they intend to use the site as-is with the understanding that they may only operate here a short time.  The applicant will be providing foundation landscaping and two trees to improve the appearance of the site from the street.  Per Section 203(a)(16), one parking space is required for every 900 square feet of floor area. The building is approximately 6,604 square feet, which requires a minimum of eight parking spaces. The site can accommodate four on-site parking spaces, however, there is a parking area entirely within the City’s right-of-way that can accommodate 6 additional spaces. As this is an interim use, the Zoning Administrator has permitted the parking spaces within the right-of-way to count towards the overall parking requirement. 1 3 Zoning History # Request 1 CUP (Automobile Repair Garage) Approved 03/17/2015 2 CUP (Automobile Repair Garage) Approved 08/04/2015 3 CUP (Automobile Repair Garage) Approved 04/14/1992 CUP (Motor Vehicle Sales) Approved 06/14/1994 CUP (Motor Vehicle Sales) Approved 10/11/1998 STC Approved 11/26/2002 CUP (Vehicle Sales, Service and Bulk Storage Yard) Approved 05/28/2013, Expired 05/28/2018 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 Logan’s Towing & Service, Inc. Agenda Item 14 PacketPage Pg. 2351  6.J.a Evaluation & Recommendation In Staff’s opinion, this request for a Conditional Use Permit for an Automobile Repair Garage is acceptable. The Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC Comprehensive Plan and the Pembroke SGA Implementation Plan envision this area of the City, the Central Village District, as a dense, urban residential district supported by walkable residential needs and services. While this proposed use is not aligned with the future goals of the Pembroke SGA, it is in keeping with the auto-oriented uses and landscape of the district today. Given that redevelopment consistent with the SGA Plan is anticipated to follow the completion of the Cleveland Street Capital Improvement Plan (CIP), Staff is recommending a five-year expiration date, Condition 1, for this application in recognition that it is the intent for auto-oriented uses to be phased out of this district, but in the interim are in keeping with the area. At the end of the five-year period, another Conditional Use Permit for this use could be applied for. Previous Conditional Use Permits for similar uses in this district that were approved in the mid- 2010s were conditioned with expirations after 10 years, which was intended to coincide with the planned improvements to Cleveland Street. While this site is near Cleveland Street and the CIP project for that street, it will not be directly affected. Staff’s analysis finds that there will be few additional trips generated as a result of this use. Staff recommends approval of this request subject to the conditions and exhibit in this report. Recommended Conditions 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the use of the Automobile Repair Garage after such expiration, a new Conditional Use Permit shall be obtained. 2. Prior to the issuance of the Certificate of Occupancy for the use the site will in substantial conformance with site plan and landscaping exhibit titled “SITE AND BUILDING PLANS, AUTO REPAIR AND SERVICE FACILITY, LOGAN’S TOWING & SERVICE, INC.,” as prepared by Verebely & Associates, Architects, and dated April 29, 2024. 3. Hours of operation shall be between 8:00 a.m. to 5:30 p.m., Monday through Saturday only. 4. All automobile repairs shall take place only inside the building. 5. No outside storage of equipment, parts, materials, tires, merchandise, or similar objects or goods shall be permitted. 6. The parking lot shall be for use by employees, customers, and customer vehicles only. There shall be no storage of other vehicles on site (e.g., offsite storage for automobile sales). 7. No outside storage of vehicles in obvious disrepair shall be permitted if vehicles in this condition require storage, then such vehicles shall be stored within the building. 8. All lighting and glare shall be deflected, shaded, and focused away from adjoining property. 9. No automobile sales shall be permitted. 10. Any cleaning and/or detailing of vehicles shall only be permitted indoors and shall adhere to all required regulations for collection, treatment, and disposal of wastewater. 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 Logan’s Towing & Service, Inc. Agenda Item 14 PacketPage Pg. 3352  6.J.a Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The applicant is seeking a Conditional Use Permit at 229 Southgate Avenue to operate an automotive repair garage. This project falls within the Pembroke SGA in the Central Village District (p.22, Pembroke SGA Master Plan). 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 use 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. Comprehensive Planning staff is encouraging and supporting the transformation of the Central Village District into its intended form and function. Therefore, the recommendations laid out in the Pembroke, this project is recommended for approval only if this project is conditioned to be reevaluated as an appropriate use after a five-year period as autocentric uses are viewed as interim uses in Central Village District. Staff should work with the applicant towards an understanding that the Central Village District is not intended for autocentric uses. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed and is located outside of the Resource Protection Area. There are no site improvements proposed with this application. No historical or cultural resources will be affected by this application. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 12 ADT Southgate Avenue No Data Available 9,900 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 80 ADT 1 Average Daily Trips 2 as defined by 6,900 square 3 4 as defined by a 4,900 square-foot LOS = Level of Service feet of I-1 zoning automobile repair garage Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Southgate Avenue is a two-lane, industrial local street. The subject site is near the limits of the Cleveland Street Phase IV project, which is scheduled to begin construction in 2027. It will not be directly affected by the project. No CIP projects are planned for Southgate Avenue at this time. Logan’s Towing & Service, Inc. Agenda Item 14 PacketPage Pg. 4353  6.J.a Public Utility Impacts The site connects to City sewer and water. Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC Public Outreach Information Planning Commission  As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 10, 2024.  As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 26, 2024 and July 3, 2024.  As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 1, 2024.  This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.virginiabeach.gov/pc on July 3, 2024. City Council  As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Logan’s Towing & Service, Inc. Agenda Item 14 PacketPage Pg. 5354  Proposed Site Layout Logan’s Towing & Service, Inc. Agenda Item 14 PacketPage Pg. 6355 6.J.a Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC  Disclosure Statement Logan’s Towing & Service, Inc. Agenda Item 14 PacketPage Pg. 7356 6.J.a Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC  Disclosure Statement Logan’s Towing & Service, Inc. Agenda Item 14 PacketPage Pg. 8357 6.J.a Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC  X Disclosure Statement 7/30/2024 Garek Hall Hannigan Logan’s Towing & Service, Inc. Agenda Item 14 PacketPage Pg. 9358 6.J.a Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC  Disclosure Statement Logan’s Towing & Service, Inc. Agenda Item 14 Packet Page Pg.10359 6.J.a Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC  Disclosure Statement Logan’s Towing & Service, Inc. Agenda Item 14 Packet Page Pg.11360 6.J.a Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC  Disclosure Statement Logan’s Towing & Service, Inc. Agenda Item 14 Packet Page Pg.12361 6.J.a Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC  6.J.a Next Steps Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC  Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days.  Following City Council’s decision, the applicant will receive a decision letter from Staff.  Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074.  If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692.  Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid.  The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Logan’s Towing & Service, Inc. Agenda Item 14 Page Packet Pg.1362  6.J.a Admiral Wright Road Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Eu B2 cl id R oa Pennsylvania Avenue d I1 Southgate Avenue I1 I1 I1 Brian Avenue I2 Site Property Polygons Zoning Building Logan’s Towing & Service, Inc 225 & 229 Southgate Avenue μ Feet Packet Pg. 363 0 15 30 60 90 120 150 180  6.J.a Virginia Beach Planning Commission Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC July 10, 2024, Public Meeting Item # 14 Logan’s Towing and Service Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Item #14, Logan's Towing and Service. Mr. Bourdon: Once again, Eddie Bourdon, Virginia Beach Attorney representing Logan's Towing Service. We appreciate this being on the consent agenda. All 10 conditions, including the five-year limitation, are acceptable. Mr. Logan has operated for decades behind what is now Lowe's at London Bridge, and his business there until five or 10 years before he left that location because he had to leave that location included towing. He does not tow and hadn't towed for at least a decade. So that the name in there is not reflective of the business, it's just the service as was stated, and all conditions are acceptable. Ms. Cuellar: Okay, 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 please read this into the record. Ms. Byler: Logan's Towing and Service Incorporated is the applicant. Southgate LLC is the property owner. They are requesting a conditional use permit to operate an automobile repair garage in the existing buildings at 225 and 229 Southgate Avenue. The parcel is currently zoned I-1 Light Industrial. The hours of operation are expected to be 8 30 a.m. to 5 p.m. Monday through Saturday, as this is in an overlay area, and the city has designated it as an area that hopefully will be going more community cen tric, there is a five-year time limit on this. Packet Pg. 364  6.J.a Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items ##1, 4, 5, 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the city. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, item #10 for reason stated in the letter that I've provided to the city attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #four, one abstention on #10, and one abstention on item #14, agenda items #1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Packet Pg. 365  6.J.a Vote Tally Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Cromwell X Coston ABS Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the use of the Automobile Repair Garage after such expiration, a new Conditional Use Permit shall be obtained. 2. Prior to the issuance of the Certificate of Occupancy for the use the site will in substantial conformance with site plan and landscaping exhibit titled “SITE AND BUILDING PLANS, AUTO REPAIR AND SERVICE FACILITY, LOGAN’S TOWING & SERVICE, INC.,” as prepared by Verebely & Associates, Architects, and dated April 29, 2024. 3. Hours of operation shall be between 8:00 a.m. to 5:30 p.m., Monday through Saturday only. 4. All automobile repairs shall take place only inside the building. 5. No outside storage of equipment, parts, materials, tires, merchandise, or similar objects or goods shall be permitted. 6. The parking lot shall be for use by employees, customers, and customer vehicles only. There shall be no storage of other vehicles on site (e.g., offsite storage for automobile sales). 7. No outside storage of vehicles in obvious disrepair shall be permitted if vehicles in this condition require storage, then such vehicles shall be stored within the building. 8. All lighting and glare shall be deflected, shaded, and focused away from adjoining property. 9. No automobile sales shall be permitted. Packet Pg. 366  6.J.a 10. Any cleaning and/or detailing of vehicles shall only be permitted indoors and shall Attachment: PLA 09_ARF Package for Logan's Towing & Service, Inc. (4132 : Logan’s Towing & Service, Inc (Applicant) Southgate, LLC adhere to all required regulations for collection, treatment, and disposal of wastewater. 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. Packet Pg. 367