Planning Commission - Formal Hearing

CITY OF VIRGINIA BEACH PLANNING COMMISSION AGENDA Wednesday, March 13, 2024 Council Chamber NOTICE OF PUBLIC HEARING I. CONSENT II. PLANNING COMMISSION ITEMS City of Virginia Beach, , , Garek Hannigan Virginia Beach AVA RE, LC, 2375 Virginia Beach Boulevard, Council District 3, Hoa N. Dao Virginia Electric & Power Company dba Dominion Energy Virginia, 1585 Dam Neck Road, Council District 5, Hoa N. Dao Wycliffe Presbyterian Church & BHC, LLC, 1445 North Great Neck Road & 2307 Millwood Road, Council District 8 , Marchelle Coleman Carl R Ellis, Jr, 2620 Broad Bay Road, Council District 8 , Marchelle Coleman Born Primitive, LLC, 1489, 1477, & 1469 Virginia Beach Boulevard & two parcels directly east of 1469 Virginia Beach Boulevard, Council District 6 , Marchelle Coleman Lynnhaven Mall, LLC, 701 Lynnhaven Parkway, Council District 3, Michaela D Mckinney Terry Moore Miffleton, 303 Atlantic Avenue, Unit 403, Council District 5, Michaela D Mckinney Page 1  CITY OF VIRGINIA BEACH Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Commission City Attorney’s Office Packet Pg. 2  2.a Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing March 13, 2024 Dwelling Unit, Home Sharing, Kitchen, and Porch Definitions 1 Attachment: 2024.03.13_PLN-01_ZOA Dwelling unit, Home sharing, Kitchen, Porch Definitions (3749 : City of Virginia Beach) Request An Ordinance to amend Section 111 of the City Zoning Ordinance pertaining to the definitions of Dwelling Unit, Home Sharing, Kitchen, and Porch. Summary of Request The purpose of this general housekeeping amendment is to clarify and create consistency amongst the definitions of Home Sharing, Dwelling Unit, and Kitchen, as well as to add a definition of Porch to the ordinance. 1. Home Sharing: The current definition of “Home Sharing” is “a dwelling in which a room or rooms are offered for rental compensation for a period of less than thirty (30) consecutive days by an owner who utilizes the dwelling as his principal residence and occupies the dwelling during any such period.” During the enforcement process for the Short Term Rental Ordinance, staff has realized that there is too much ambiguity in what is meant by term “dwelling.” The Zoning Ordinance identifies several types of “dwellings,” including single-family, duplex, and multi-family dwellings. The intention of the “home sharing” definition was to reference a “dwelling unit,” a term specifically defined in the Zoning Ordinance, rather than the more over-arching term “dwelling.” Therefore, staff has initiated this text amendment to replace “dwelling” with “dwelling unit” in the “home sharing” definition. 2. Dwelling Unit: The definition of “dwelling unit” is “a room or rooms connected together, constituting an independent housekeeping unit for a family and including permanent provisions for living, sleeping, eating, cooking and sanitation.” Staff finds this definition to be problematic because the Zoning Ordinance does not define a “housekeeping unit.” To provide clarity to this definition, the text amendment would change “housekeeping unit” to “residence,” which accurately reflects the intention of the term “dwelling unit.” 3. Kitchen: Similar to the definition of “dwelling unit,” the definition of “kitchen” contains the term “housekeeping unit.” The current definition of “kitchen” is “an area with a housekeeping unit which contains a cooking facility.” To provide clarity and consistency with the definition of a “dwelling unit,” staff has initiated this text amendment that changes “housekeeping unit” to “dwelling unit” and specifies that a kitchen requires “permanent provisions for cooking.” 4. Porch Section 111 of the Zoning Ordinance does not specifically define a “porch.” A “porch” is only defined in the Oceanfront Resort Form Based Code. The Form Base Code defines “porch” as “a one, two, or three-story structure attached to a building to shelter an entrance or to serve as covered but unenclosed space.” The definition of “porch” is particularly important regarding setbacks and permitted encroachments. This text amendment adds the definition of porch from the Form Based Code into Section 111 of the Zoning Ordinance. This provides clarity and consistency between all zoning codes. City of Virginia Beach Agenda Item 1 PacketPage Pg.1 3  2.a Recommendation Staff recommends approval of this Ordinance as these amendments aim to provide clearer guidelines for zoning regulations pertaining to residential properties and accommodations. Attachment: 2024.03.13_PLN-01_ZOA Dwelling unit, Home sharing, Kitchen, Porch Definitions (3749 : City of Virginia Beach) City of Virginia Beach Agenda Item 1 PacketPage Pg.2 4  Ordinance City of Virginia Beach Agenda Item 1 PacketPage Pg.3 5 2.a Attachment: 2024.03.13_PLN-01_ZOA Dwelling unit, Home sharing, Kitchen, Porch Definitions (3749 : City of Virginia Beach)  Ordinance City of Virginia Beach Agenda Item 1 PacketPage Pg.4 6 2.a Attachment: 2024.03.13_PLN-01_ZOA Dwelling unit, Home sharing, Kitchen, Porch Definitions (3749 : City of Virginia Beach)  VIRGINIA BEACH AVA RE, LC Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Commission City Attorney’s Office Packet Pg. 7  2.a Applicant Virginia Beach AVA RE, LLC Agenda Item Planning Commission Public Hearing March 13, 2024 City Council District 3 2 Request Street Closure (Portion of an unnamed 30’ Attachment: 2024.03.13_PLN-02_Virginia Beach AVA RE, LLC (3750 : Virginia Beach AVA RE, LC) ROW) Staff Recommendation Approval Staff Planner Hoa N. Dao Location Adjacent to 2375 Virginia Beach Boulevard Adjacent GPIN 1497954001 Site Size 813 square feet AICUZ Greater than 75 dB DNL; APZ-1 Watershed Chesapeake Bay Existing Land Use Unimproved right-of-way Surrounding Land Uses and Zoning Districts North Virginia Beach Boulevard Retail / B-2 Community Business South Interstate 264 East Undeveloped parcels / B-2 Community Business West Retail / B-2 Community Business Virginia Beach AVA RE, LLC Agenda Item 2 Page Packet Pg.1 8  2.a Background & Summary of Proposal • Due to an error in the legal advertisement where one of the two adjacent property addresses was not listed in the advertisement, City Council, on February 20, 2024, reverted this portion of the closure request back to the Planning Commission for reconsideration. The adjacent closure request for the 5,751 square feet portion of this 30-foot right- of-way to be absorbed by the Duff’s properties was approved by City Council on February 20, 2024. • The applicant is seeking to close the remaining 813 square foot portion of the 30-foot wide right-of-way between Virginia Beach Boulevard and Interstate 264. Attachment: 2024.03.13_PLN-02_Virginia Beach AVA RE, LLC (3750 : Virginia Beach AVA RE, LC) • The applicant intends to incorporate the closure area into the existing parking lot of the motor vehicle dealership. 2 1 Zoning History # Request 3 1 STC Approved 02/20/2024 2 CUP (Tattoo Parlor) Approved 11/23/2004 3 CUP (Motor Vehicle Sales) Approved 10/12/1993 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation A Viewers’ meeting was held on October 20, 2023, that included City Staff from the Departments of Public Works, Public Utilities, Planning & Community Development, and the Office of the City Attorney, to consider this application. The Viewers determined that the proposed closure will not result in any public inconvenience; therefore, the proposed closure is deemed acceptable. Based on these considerations, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Virginia Beach AVA RE, LLC Agenda Item 2 Page Packet Pg.2 9  2.a Recommended Conditions 1. The City Attorney’s Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the “Policy Regarding Purchase of City’s Interest in Streets Pursuant to Street Closures,” approved by City Council. 2. The applicant, or the applicant’s successors and assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Attachment: 2024.03.13_PLN-02_Virginia Beach AVA RE, LLC (3750 : Virginia Beach AVA RE, LC) 3. The applicant, or the applicant’s successors and assigns, shall verify that no other private utilities exist within the right-of-way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do 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 February 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, February 28, 2024 and March 6, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.VirginiaBeach.gov/pc on March 7, 2024. Virginia Beach AVA RE, LLC Agenda Item 2 Page Packet Pg.310  Proposed Street Closure Exhibit Virginia Beach AVA RE, LLC Agenda Item 2 Page Packet Pg.411 2.a Attachment: 2024.03.13_PLN-02_Virginia Beach AVA RE, LLC (3750 : Virginia Beach AVA RE, LC)  Site Photo Virginia Beach AVA RE, LLC Agenda Item 2 Page Packet Pg.512 2.a Attachment: 2024.03.13_PLN-02_Virginia Beach AVA RE, LLC (3750 : Virginia Beach AVA RE, LC)  Disclosure Statement Virginia Beach AVA RE, LLC Agenda Item 2 Page Packet Pg.613 2.a Attachment: 2024.03.13_PLN-02_Virginia Beach AVA RE, LLC (3750 : Virginia Beach AVA RE, LC)  Disclosure Statement Virginia Beach AVA RE, LLC Agenda Item 2 Page Packet Pg.714 2.a Attachment: 2024.03.13_PLN-02_Virginia Beach AVA RE, LLC (3750 : Virginia Beach AVA RE, LC)  Disclosure Statement Virginia Beach AVA RE, LLC Agenda Item 2 Page Packet Pg.815 2.a Attachment: 2024.03.13_PLN-02_Virginia Beach AVA RE, LLC (3750 : Virginia Beach AVA RE, LC)  2.a Next Steps • 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 Attachment: 2024.03.13_PLN-02_Virginia Beach AVA RE, LLC (3750 : Virginia Beach AVA RE, LC) Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Virginia Beach AVA RE, LLC Agenda Item 2 Page Packet Pg.916  VIRGINIA ELECTRIC & POWER COMPANY DBA DOMINION ENERGY VIRGINIA Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Commission City Attorney’s Office Packet Pg. 17  2.a Applicant Virginia Electric and Power Company d/b/a Agenda Items Dominion Energy Virginia 3&4 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power Property Owner USA Entertainment, LC Planning Commission Public Hearing March 13, 2024 City Council District 5 Requests #3 - Conditional Rezoning (Conditional B-2 to Conditional I-1) #4 - Conditional Use Permit (Bulk Storage Yard) Staff Recommendation Approval Staff Planner Hoa N. Dao Location 1585 Dam Neck Road GPIN 2405848720 Site Size 13.83 acres AICUZ Greater than 75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Wooded parcel / B-2 Community Business Surrounding Land Uses and Zoning Districts North Dam Neck Road Wooded parcel / AG-1 Agricultural South Office, wooded parcel / I-1 Light Industrial, AG-1 Agricultural East Wooded parcels / H-1 Hotel, O-1 Office West Warehousing (future) / I-1 Light Industrial Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 PacketPage Pg.118  2.a Background & Summary of Proposal • Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power In 1996, City Council approved a rezoning of this 13.83 acre parcel from AG-1 Agricultural District to Conditional B-2 Community Business District along with a Conditional Use Permit request to construct and operate an Indoor Recreation Facility. The recreational facility was never constructed. • The applicant now seeks to rezone the property to Conditional I-1 and construct a 21,216 square foot office building for approximately 50 employees. The applicant also seeks a Conditional Use Permit request for a Bulk Storage Yard to store equipment used to support transmission operations in the area. Equipment such as, steel transmission poles and related hardware, pallets, and approximately 12-24 gas cylinders (inert gas - sulfur hexafluoride) are proposed to be stored on site. Each gas cylinder is approximately 58 inches tall and 30 inches in circumference. • The property is located within the greater than 75 dB noise zone of the AICUZ. The proposed office and bulk storage yard are compatible uses within this noise zone. The Navy reviewed these requests and did not raise any objection. • The site will utilize temporary access from Dam Neck Road until the future road, Twin Mills Road, is constructed on the western side of this parcel. At such time, the access point on Dam Neck Road will be closed. • The proffered plan depicts a pond on the western side of the parcel for stormwater management. • 72 parking spaces are provided, exceeding the parking requirement of 65 parking spaces for this site. • The outdoor storage area will be screened by a six-foot tall opaque fence with Category VI landscaping. Existing vegetation onsite will be preserved to meet screening requirements for the proposed uses. • The office building is proffered to consist of gray metal panels and masonry brick with a slanted roof. The proposed building design and materials will be compatible with the surrounding area. 2 Zoning History # Request 1 MDP Approved 06/07/2022 CRZ (AG-1 & AG-2 to Conditional I-1) Approved 08/04/2015 CUP (Bulk Storage Yard) Approved 08/04/2015 5 2 CRZ (AG-1 & AG-2 to Conditional I-1) Approved 01/04/2022 1 4 3 CRZ (AG-1 & AG-2 to Conditional I-1) Approved 09/07/2021 MDP Approved 12/07/2021 MDP Approved 06/25/1996 4 CRZ (AG-1 to Conditional H-1 & O-1) Approved 04/22/2003 5 CRZ (AG-1 to Conditional B-2) Approved 10/29/1996 3 CUP (Indoor Recreation Facility) Approved 10/29/1996 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 Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 PacketPage Pg.219  2.a Evaluation & Recommendation Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power Staff finds the proposed development, acceptable. The proposed rezoning of the property to Conditional I-1 Light Industrial District and Conditional Use Permit for a bulk storage yard would complement the research/business park development in this vicinity. The property is adjacent to the Corporate Landing Business Park and the future Amazon’s warehouse that is currently under construction. The proposal is consistent with the Comprehensive Plan recommendations for the Special Economic Growth Area 3 (SEGA) – South Oceana area that calls for high quality employment, corporate parks and light industrial uses. The proposed use generates significantly less traffic volume compared to what could be developed under the current Conditional B-2 zoning designation. While this portion of Dam Neck Road is access controlled, the proposed temporary access point on Dam Neck Road has been reviewed and determined acceptable by Traffic Engineering staff. The adjacent property, to be developed with an e-commerce facility, will include the construction of a new public road, Twin Mills Road, that is estimated to be completed in 2025. At such time, the access point on Dam Neck Road will be closed, a one- foot no ingress/egress easement will be dedicated along Dam Neck Road, and a new access point for this parcel will be established on Twin Mills Road. As the property is located within the greater than 75 dB DNL noise zone, the proposed use and list of materials to be stored on site has been vetted through the Navy and no objections were raised. The materials will be stored inside an area that is enclosed by a six-foot tall privacy fence and a Category VI landscape buffer, meeting the bulk storage yard screening requirements of the Zoning Ordinance. The parcel will be cleared in the areas of the proposed building, parking, BMP, and storage area, and the remaining existing vegetation on site will be used to toward meeting the screening requirements. Staff is recommending a condition to require the applicant install on site amenities such as outdoor picnic tables and pedestrian trail for the employees. The types of amenities proposed will be determined during site plan review. As the site drains into the Southern Rivers Watershed, a conceptual stormwater management strategy was submitted and reviewed by Staff. Staff agrees the project can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual and Stormwater Management Ordinance. Based on these considerations, Staff is recommending approval of these requests, subject to the proffers and conditions listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to “offset identified problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled “VIRGINIA BEACH EAST, PREPARED FOR DOMINION ENERGY, VIRGINIA BEACH, VIRGINIA, CONCEPT PLAN”, dated December 22, 2023, and prepared by Kimley-Horn and Associates, Inc. (the “Concept Plan”), a copy of which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning, and is incorporated herein by this reference. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 PacketPage Pg.320  2.a Proffer 2: The quality of architectural design and materials of the office building constructed on the Property, when developed, Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power shall be in substantial conformity with the exhibit entitled “DOMINION ENERGY-VIRGINIA BEACH, CONCEPT SKETCH”, dated December 22, 2023, and prepared by Baskervill (the “Elevations”), a copy of which is on file with the Department of Planning, has been exhibited to the Virginia Beach City Council, and is incorporated herein by this reference. Proffer 3: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit entitled “VIRGINIA BEACH EAST, PREPARED FOR DOMINION ENERGY, VIRGINIA BEACH, VIRGINIA, CONCEPT LANDSCAPE PLAN”, dated December 22, 2023, and prepared by Kimley-Horn and Associates, Inc., (the “Landscape Plan”), a copy of which is on file with the Department of Planning, has been exhibited to the Virginia Beach City Council, and is incorporated herein by this reference. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 4: Freestanding signage located on the Property shall be monument-style, no larger than eight feet (8’) in height, and shall be constructed of materials compatible with those used for the buildings located on the Property. Proffer 5: Any dumpster located on the Property will be screened from adjacent public streets by an enclosure constructed of materials compatible with those used for the buildings located on the Property. Proffer 6: The final stormwater management plan submitted to the Development Services Center (DSC) during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). A preliminary stormwater analysis in connection with the proposed development of the Property has been submitted to the City Planning Department. Proffer 7: Vehicular access along the Property’s Dam Neck Road frontage may be provided substantially as depicted on the Concept Plan; however, such access shall be closed and removed once alternative access to and from the Property is available by means of a completed and dedicated public road adjoining the western boundary of the Property. Once alternative access is completed and operational, a continuous 1’ no ingress-egress easement will be dedicated along the Property’s frontage on Dam Neck Road. Proffer 8: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney’s Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. Upon closure of the temporary access point on Dam Neck Road, the area shall be restored and revegetated with a 30-foot wide landscape buffer in a manner consistent with (at maturity) the proposed 30-foot landscape buffer along Dam Neck Road. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 PacketPage Pg.421  2.a 2. Prior to final site plan approval, the following shall be provided: a. A Wetland Delineation along with an approval/confirmation letter from the applicable state or federal agency(ies) having jurisdiction shall be submitted to the Department of Planning and Community Development. Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power b. 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. c. A Site Plan depicting onsite amenities, which shall be subject to approval by the Director of the Department of Planning and Community Development. Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the city as being within the Special Economic Growth Area 3 (SEGA) – South Oceana. This site is also impacted by high noise zones. The SEGAs are located adjacent to NAS Oceana and have significant economic value and growth potential, targeting land uses compatible with military uses. The City supports development of the SEGAs consistent with AICUZ provisions and the City’s economic growth strategy. The Comprehensive Plan designates the SEGA as an area where high quality employment, corporate parks and light industrial uses are recommended. The Comprehensive Plan recommends that measures to mitigate negative impacts on adjoining stable residential areas be part of development proposals in this area. Mitigation measures should include adequate screening, and light and noise attenuation in building and site design. Natural & Cultural Resources Impacts The property is within the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high‐water surface elevations in downstream receiving waters. There are no known cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2a – 0 ADT 1 1 4 Dam Neck Road 24,400 ADT 39,700 ADT (LOS “D”) Existing Zoning 2b – 7,150 ADT Proposed Land Use 3 – 300 ADT 1 Average Daily Trips 2aas defined by a undeveloped 3 4 as defined by a 21,216 square LOS = Level of Service parcel feet office building 2bas defined by a 13.83-acre parcel zoned B-2 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Dam Neck Road is a four-lane divided, access-controlled, major suburban arterial, with one-hundred- sixty-five-foot (165’) right-of-way width. The MTP designates it as a six-lane roadway. There are no CIP projects planned for this portion of Dam Neck Road. There is a private development project under construction to the west of this site that will build a three lane public collector roadway from Dam Neck Road to London Bridge Road. This road, which is proposed to be named Twin Mills Road, will have a traffic signal and turn lanes at the Dam Neck Road intersection. Construction of Twin Mill Road is estimated to be completed in 2025. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 PacketPage Pg.522  2.a Stormwater Impacts Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power Project Stormwater Design Staff Summary This project consists of a new building, parking lot, and access drives for Dominion Energy at 1585 Dam Neck Road, located east of Twin Mills Road. This project will include a stormwater management facility to support the proposed improvements. Stormwater runoff from a majority of the site currently drains north towards the Dam Neck Road right-of-way, which ultimately outfalls to West Neck Creek. A small portion of the eastern perimeter of the site currently drains east towards the existing public storm system along Perimeter Parkway, which ultimately outfalls to Redwing Lake. The onsite improvements will be directed into a proposed wet pond that will be designed to treat for both water quality and water quantity before discharging into the existing public drainage system along Dam Neck Road. Based on the information provided by Kimley Horn in the Preliminary Drainage Study, the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual and Stormwater Management Ordinance. More detailed project stormwater information is listed below. Project Information Total project area: 13.83 acres Pre-Development impervious area: 0 acres Post-Development impervious area: 7.41 acres Stormwater Management Facility Design Information Type of facility proposed: Wet Pond Description of outfall: Stormwater runoff from the site will be treated by a proposed wet pond that will discharge into the public drainage system along the Dam Neck Road right-of-way. Downstream conveyance path: Runoff leaving the site will be directed towards the Dam Neck Road right-of-way, which is part of the Upper West Neck Creek Drainage Basin. West Neck Creek leads into the North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Public Utility Impacts Water The site must connect to City water. There is a 12-inch City water main with 8-inch stub along Perimeter Parkway and a 20-inch City water transmission main along Dam Neck Road. Sewer The site must connect to City sanitary sewer. There is a 10-inch City sanitary sewer gravity main along Perimeter Parkway, a 42-in HRSD sanitary sewer force main along Dam Neck Road, and a 6-inch City sanitary sewer force main located within a public utility easement on the adjacent western property. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 PacketPage Pg.623  2.a Public Outreach Information Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, February 28, 2024 and March 6, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.VirginiaBeach.gov/pc on March 7, 2024. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 PacketPage Pg.724  2.a Proposed Site/Landscape Plan Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 PacketPage Pg.825  Proposed Elevation Plan Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg.926 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Proposed Elevation Plan Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 1027 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Proposed Elevation Plan Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 1128 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Proposed Elevation Plan Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 1229 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Site Photo Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 1330 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Disclosure Statement Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 1431 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Disclosure Statement Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 1532 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Disclosure Statement Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 1633 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Disclosure Statement Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 1734 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Disclosure Statement Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 1835 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Disclosure Statement Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 1936 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Disclosure Statement Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 2037 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Disclosure Statement Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 2138 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Disclosure Statement Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 2239 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Disclosure Statement Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 2340 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Disclosure Statement Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 2441 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Disclosure Statement Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 2542 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  Disclosure Statement Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 2.a Page Packet Pg. 2643 Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power  2.a Next Steps Attachment: 2024.03.13_PLN-03,04_Virginia Electric and Power Company dba Dominion Energy Virginia (3751 : Virginia Electric & Power • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 & 4 Page Packet 2744 Pg.  WYCLIFFE PRESBYTERIAN CHURCH & BHC, LLC Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Commission City Attorney’s Office Packet Pg. 45  2.a Applicants Wycliffe Presbyterian Church & BHC, LLC Agenda Items Property Owner Trustees of Wycliffe Presbyterian Church Planning Commission Public Hearing March 13, 2024 5‐9 Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC) City Council District 8 Requests #5 ‐ Modification of Conditions (Religious Use) #6 ‐ Conditional Rezoning (R‐10 Residential District to Conditional O‐1 Office District) #7 ‐ Conditional Rezoning (R‐10 Residential District to Conditional R‐10 Residential District) #8 ‐ Subdivision Variance (Section 4.4(b) of the Subdivision Regulations for Parcel A) #9 ‐ Subdivision Variance (Section 4.4(b) of the Subdivision Regulations for Lot 5) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 1445 North Great Neck Road & 2307 Millwood Road GPINs 2408191170, 2408099309 Site Size 8.01 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Religious Use / R‐10 Residential Surrounding Land Uses and Zoning Districts North N. Great Neck Road Undeveloped lots, restaurant, office / R‐10 Residential, B‐2 Community Business South Single‐family dwellings / R‐20 Residential East Office, single‐family dwellings / B‐2 Community Business, R‐10 Residential West Single‐family dwellings / R‐10 Residential Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 PacketPage Pg.146  2.a Background & Summary of Proposal  The applicants are seeking a Modification of Conditions to remove a 3.88‐acre portion of the property from the Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC) Conditional Use Permit associated with the Religious Use, Conditional Rezoning requests to rezone an approximately 2.43‐acre portion of the property from R‐10 Residential District to Conditional O‐1 Office District to retain a 3,522 square foot building for office and an approximately 1.45‐acre portion of the property from R‐10 Residential District to Conditional R‐10 Residential District to develop a five lot single family subdivision at a density of 3.44 units per acre, as well as Subdivision Variances to lot width for Parcel A and to lot width and street line frontage for Lot 5 within the proposed development.  Within a half‐mile radius of this section of the N. Great Neck corridor, there are a mix of zoning classifications to include R‐10 Residential, R‐15 Residential, R‐20 Residential, A‐12 Apartment, A‐18 Apartment, and B‐2 Community Business.  Wycliffe Presbyterian Church has existed on these R‐10 Residential District zoned parcels since the 1960s. A Conditional Use Permit for a religious use was granted by City Council on August 3, 1966, and separate Conditional Use Permits were approved for a Pump Station on a 0.045‐acre portion of the property on October 15, 1973, and for a childcare education center on December 19, 1988. Subsequently, in 2000, the City Council approved an approximately 4,000 square foot church addition.  One of the applicants, Wycliffe Presbyterian Church, intends to remove an approximately 3.88‐acre portion of the property from the Conditional Use Permit for a religious use and sell that portion to the other applicant, BHC, LLC. To remove the 3.88 acres from the Conditional Use Permit, a Modification of Conditions is required.  The remaining 4.13 acres which includes the church facilities and parking, will remain under the church’s ownership. The remaining acreage exceeds the minimum three‐acre lot area requirement for religious uses, as identified in Section 240.1 of the Zoning Ordinance.  BHC, LLC intends to subdivide the 3.88‐acre portion of the site to create a 2.43‐acre lot (Parcel A) to include the existing 3,522 square foot A‐frame building and the existing pond on the property, both of which are to be retained. The applicant has proffered the allowable uses for the existing A‐Frame building to include professional office uses such as medical, real estate, insurance, legal, and non‐profit offices, as well as religious uses. While the applicant has proffered up to a 500 square foot addition to the building, the building shall remain substantially in conformance with the exterior architectural features and appearance of the existing building. The eastern 1.45‐acre portion of site (Parcel R) will be developed with five single‐family lots accessed via a shared private road from Millwood Road. The private road will also provide access to proposed Parcel A.  The City previously utilized the existing A‐frame building to operate an Infant Program on the property. The program was established in 1987 and began using the existing A‐frame building in 1990. As stated previously, the applicant, Friends of Infant Stimulation, Inc. was granted a Conditional Use Permit for a child care education center by City Council on December 19, 1988. The City discontinued the use of the A‐frame building on September 17, 2021., when the church advised that they intended to put the property up for sale. Since that date, the program has operated at a location off Virginia Beach Boulevard, just west of Town Center.  As depicted on the proffered rezoning exhibit, there are 22 existing parking spaces on the Conditional O‐1 property (Parcel A), exceeding the maximum parking spaces allowed by six spaces. Since the parking lot will remain in its current condition as it has been for several decades, the Planning Director is agreeable to the excess number of spaces as allowed by Section 203(b)(9) of the Zoning Ordinance. Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 PacketPage Pg.247  2.a  A 10‐foot‐wide landscape buffer is provided between the adjacent residential properties along Millwood Road and the proposed Conditional O‐1 property (Parcel A), as required by the City’s Zoning Ordinance. Existing vegetation will remain undisturbed between the R‐20 Residential District parcels to the west to satisfy the buffering requirements. In addition, a 10‐foot‐wide landscape buffer with Category VI plantings and a six‐foot tall wood privacy fence is also Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC) proposed along N. Great Neck Road and Millwood Road. The applicant is requesting a height deviation in accordance with Section 107(i) of the Zoning Ordinance, to allow for the installation of a six‐foot tall fence instead of the four‐ foot maximum height typically permitted within 30‐feet of a public right‐of‐way.  Per Section 4.5 of the Subdivision Regulations, 8% (approximately 5,056 square feet) of open space shall be reserved to serve residents of residential developments with lots sizes ranging from 10,000 square feet to 14,999 square feet. In instances where the resulting area to be reserved for recreational purposes would be less than one‐half acre and would serve no useful public purpose, Section 4.5(b) of the Subdivision Ordinance allows for the consideration of an alternative to the dedication, to include a cash payment in lieu of the open space dedication, if it is mutually agreed to by the city council and the developer. Since the open space dedication required for this proposal is less than one‐half acre, the applicant is requesting to provide a cash payment in lieu of the open space dedication.  The proffered house styles for the five‐lot subdivision depict dwellings with exterior materials to be comprised of high‐quality architectural shingles, cementitious siding (e.g., "HardiPlank"), brick or masonry stone, or a combination of those materials along with high‐quality accents such as metal roof and vinyl shutters.  A freestanding monument style sign is proposed at the entrance of the shared private road for the Conditional O‐1 Office District zoned parcel (Parcel A). As proffered, the proposed cultured stone sign will be no taller than five feet in height and externally illuminated. No sign is proposed for the single‐family subdivision. The proposed freestanding sign must meet the requirements of the Zoning Ordinance including the required landscaping around the base.  Per the Code of Virginia Beach, Section 31‐28(d), the City will not make refuse collections on private property. The applicant is aware and will be providing private services for the pick‐up and disposal of trash and solid waste for this development.  A Subdivision Variance is requested for the deficiency in lot width for Parcel A, and the lot width and street line frontage for Lot 5, as shown in the table below. Required Required Proposed Required Proposed Proposed Minimum Street Line Street Line Minimum Proposed Lot Lot Width Lot Area Lot Width Frontage Frontage Lot Area (feet) (square feet) (feet) (feet) (feet) (square feet) Parcel A 50 35.2* 40 80 5,000 105,724 Lot 5 80 20* 64 20* 10,000 12,500 *Variance Requested Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 PacketPage Pg.348  2.a Zoning History 5 # Request Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC) 1 SVR (Lot Width Reduction) Approved 10/05/2021 2 CUP (Vocational School) Approved 10/05/2021 3 2 3 CUP (Tattoo Parlor) Approved 01/21/2020 MDC (Church Addition) Approved 12/12/2000 4 CUP (Child Care Education Center) Approved 12/19/1988 CUP (Church) Approved 08/03/1966 1 4 CUP (Automobile Repair Garage) Approved 06/09/1992 5 CUP (Pump Station) Approved 10/15/1973 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation In Staff’s opinion, these requests for a Modification of Conditions to remove approximately 3.88‐acres from the previously approved Conditional Use Permit, the Conditional Rezonings to rezone an approximately 2.43‐acre portion from R‐10 Residential District to Conditional O‐1 Office District and an approximately 1.45‐acre portion from R‐10 Residential District to Conditional R‐10 Residential District to allow for the construction of a five‐lot single‐family subdivision, as well as Subdivision Variance requests to lot width for Parcel A and the lot width & street line frontage for Lot 5 are acceptable. The project falls within the Suburban Area. The request to remove 3.88‐acre portion of the site from the Conditional Use Permit while retaining 4.13 acres for the church is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as the existing church complements the existing uses in the area and provides much needed services to the surrounding community. In Staff’s opinion, the reduction in the property associated with the church will not adversely affect the surrounding area as all parking will continue to be met on the site, and the church will continue to operate as it has for the past several decades with the same building facilities, access, and parking to accommodate parishioners and guests. In addition, the Comprehensive Plan recommends that developments within the Suburban Area focus on creating and maintaining great neighborhoods. Achieving this goal reflects on the ability of developments to maintain and enhance existing neighborhoods, to be compatible with surroundings, and provide quality and attractive buildings that provide effective buffering and livability. In Staff’s view, the proposed rezoning to Conditional O‐1 is acceptable since the O‐1 Office District, as stated in the City’s Zoning Ordinance, is intended to provide an environment appropriate to office or institutional character compatible with residential uses. Staff is of the opinion that the existing office building is a low intensity use that is compatible with the surrounding residential area. While the existing 3,522 square foot building could be expanded up to an additional 500 square feet, the building will remain substantially in conformance with the exterior architectural features and appearance of the existing building, as proffered. As such the building will remain, largely unchanged, as it has on the site for decades. Furthermore, the applicant has voluntarily selected uses that can operate within the office building that are also compatible with the surrounding neighborhood as detailed in Proffer 3. The site will be enhanced with a 10‐foot‐wide landscape buffer to screen the use from the adjacent residential properties to the north and northwest, to include the retention of existing mature trees and vegetation, which aligns Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 PacketPage Pg.449  2.a with the recommendations of the Comprehensive Plan. Also, the five‐lot subdivision is consistent with the Comprehensive Plan’s land use policies for the Suburban Area in creating great neighborhoods. The conditional rezoning of the property allows Staff to review the proposed proffered plans and elevations to ensure compatibility with the Comprehensive Plan for this area. In Staff’s opinion, the proposed homes are compatible with the neighboring Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC) properties and provides quality and attractive home styles that enhance the existing character of the surrounding community. The development also provides additional landscaping and screening along the public right‐of ways. Per Section 201 of the Zoning Ordinance, Walls and fences may project into or enclose any part of any yard; provided, however, that any fence that projects into or encloses a required front yard shall not exceed a height of four (4) feet. As depicted on the proffered rezoning exhibit, a six‐foot‐tall wood privacy fence is proposed along the front yard for the proposed lots, which are along N. Great Neck Road and Millwood Road. The applicant is requesting that the increase in the height of the fence be addressed through the provisions of Section 107(i), which states the following: The City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, lot coverage, landscaping and minimum lot area requirements and height restrictions … otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the Comprehensive Plan. In Staff’s view, the fencing and evergreen plantings will provide an adequate streetscape buffer along the public right‐of‐ ways and will not cause any impact to line of sight, as it meets the 775‐foot sight distance requirement. Furthermore, the height of the fence is consistent with the fence height on the corner lot in the subdivision across N. Great Neck Road. As such, Staff is supportive of the deviation request. It is the opinion of the city’s Traffic Engineering Staff that the traffic generated by the proposed development will result in 50 average daily trips for the five‐lot single‐family subdivision and 46 average daily trips for the office use. According to Public Works staff, N. Great Neck Road and Millwood Road have adequate capacity to support the proposed development. A one‐foot no ingress‐egress easement will be required along N. Great Neck Road with all future access to be from Millwood Road. The existing entrance along Millwood Road will remain in its current location, as approved by Traffic Engineering since it is located at the farthest point from the intersection of N. Great Neck Road and Millwood Road. However, the existing entrance will be widened, as depicted on the proffered plan, to accommodate emergency vehicles. The proffered rezoning exhibit has been reviewed by the Fire Marshal’s Office and they have agreed that the dimensions of the shared private access road is sufficient and allows them to adequately service both properties, the Conditional O‐ 1 parcel as well as the Conditional R‐10 lots. To ensure adequate emergency access, the applicant has indicated that they will remove Proffer 4 which states “When the Property is developed, on street parking within the community shall be restricted to one (1) side of the street” between Planning Commission and City Council to ensure that the shared access road is in full compliance with the Virginia Beach Fire Prevention Policy. Due to existing recorded easements on site and the requirement to exclude such area, Parcel A does not meet the required 50‐foot lot width required for O‐1 Office District zoned parcels and Lot 5 does not meet the required 80‐foot lot width and 64‐foot street line frontage for properties zoned R‐10 Residential District. As such, a Subdivision Variance requests are required. 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. Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 PacketPage Pg.550  2.a 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. Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC) 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 be compliant with the conditions of Section 9.3. Parcel A has 80 feet of lot frontage along Millwood Road. Per Section 802 of the Zoning Ordinance, the minimum lot width required in the O‐1 Office District is 50 feet, measured at the 30‐foot front yard setback. The lot width for this lot is 65.2 feet; however, there is an existing 30‐foot‐wide Dominion Virginia Power Easement running along Parcel A, which cannot be counted towards the minimum lot width requirement, resulting in a lot width of 35.2 feet, which creates a deficit of 14.8 feet. Since easements 20‐feet or less in width can be counted towards the lot width requirement, the applicant has been working with Dominion Virginia Power to vacate 10 feet of the 30‐foot easement on the property. However, since this has not been finalized, the Subdivision Variance is required. In addition, Lot 5 is depicted as a reverse flag lot with 20 feet of lot width and 20‐foot street line frontage, where an 80‐foot lot width and 64‐foot street line frontage is required. The applicant is requesting the variance to Lot 5 to preserve, to the greatest extent possible, the western portion of the site, including the existing pond, to allow for it to remain in its existing condition. As such, Staff is supportive of these requests. Prior to development, all improvements that encroach into an existing public drainage or public utility easement on the property must be reviewed by Public Works/Real Estate through the Encroachment Agreement review process. As depicted on the proffered plan, it appears that the shared private road and fencing will encroach into these public easements. As noted in Condition 2 of the Subdivision Variance requests, an Encroachment Agreement shall be approved by Public Works/Real Estate, prior to the approval of the site plan, construction plan, and subdivision plat for this development. Regarding the proposed single‐family subdivision, information provided by the Virginia Beach City Public School (VBCPS) Staff indicates that the increase in student enrollment will be minimal with a total of three students, one student for each level of education: elementary, middle, and high school. The increase in student population will be below maximum occupancy levels. There is an existing school bus stop adjacent to this development, at the corner of Millwood Road and Selden Street, to serve students of the Great Neck Estates neighborhood. According to VBCPS staff, nine students are picked up at this stop in the morning and seven are dropped off in the afternoon. Given this and the limited number of school‐aged children anticipated with the proposed residential development, VBCPS stated they did not have any concerns with this development in relation to the existing school bus stop location. They did note that this is the current location of the existing bus stop and it is subject to change from year to year, as student ridership counts change. Based on this, the proposal is not expected to negatively impact the school population. 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 the pond on the property. If additional treatment is needed, infiltration systems, bioretention planting beds, or underground storage facilities will be installed by the applicant. The pond is situated almost entirely on the proposed Conditional O‐1 parcel (Parcel A). A 10‐foot public drainage easement running through the pond was dedicated to the City by subdivision plat (M.B. 122 PG. 40) and was acquired on 9/29/1977 when the plat was recorded. The City’s existing easement allows the City to maintain water flow through the pond and into Lake Conrad #3. Staff support of the application does not constitute an agreement by the City to assume additional maintenance responsibilities for the pond. The pond is handling drainage for the church and will continue to do so. It is the opinion of Staff that all future maintenance of the pond shall be the responsibility of the property owners of the proposed Conditional O‐1 parcel and the church, except for the City’s discretionary maintenance of the flow of water through its existing easement. An in‐depth review of the stormwater management strategy will occur during the Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 PacketPage Pg.651  2.a 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 the request subject to the conditions and proffers Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC) below. Recommended Conditions for MDC 1. All previous conditions attached to the Conditional Use Permit approvals of August 3, 1966, October 15, 1973, and December 19, 1988, as well as the Modification of Condition approval of December 12, 2000 shall remain in effect. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Proffers for CRZ (R‐10 to Conditional O‐1) The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to “offset identified problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is subdivided and developed, it shall have the widened and improved, privately maintained shared entrance from Millwood Road, freestanding, externally illuminated monument style sign, landscape buffers and existing parking lot substantially as depicted and described on the exhibits entitled, "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN: 2408‐09‐9309 VIRGINIA BEACH, VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services, and "Freestanding Sign Rendering For Parcel A" dated December 4, 2023, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (the "Rezoning Plan") and are incorporated herein by this reference. Proffer 2: The development of Property shall be restricted to the maintenance, renovation, and refurbishment of the existing 3,522 square foot A‐Frame Office Building to include up to 500 additional square feet of floor area which will not substantially modify the exterior architectural features and appearance of the existing building. Proffer 3: The only types of uses which shall be permitted in the building on the Property are as follows: (i) Business offices of advertising, real estate or insurance companies; (ii) Medical, optical and dental offices and clinics; legal, engineering, architectural and similar professional offices, accounting, auditing and bookkeeping services offices; Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 PacketPage Pg.752  2.a (iii) Offices of miscellaneous business services such as consumer credit reporting agencies; mailing list and stenographic services, business and management consulting services; (iv) Offices of non‐profit organizations, such as professional organizations, civic, social and fraternal associations, political organizations, and religious organizations; and Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC) (v) Religious uses. Proffer 4: When the Property is created by subdivision, the party of the first part shall record a Declaration of Easement creating an Ingress/Egress, Public Utility and Shared Maintenance Agreement for the benefit of the adjoining PARCEL R over and across the portion of "Shared Private Road" which provides access from both the Property and PARCEL R to Millwood Road. Proffer 5: Further conditions may be required by the Grantee during detailed Subdivision and/or 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. Proffers for CRZ (R‐10 to Conditional R‐10) The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to “offset identified problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is subdivided, developed and landscaped, it shall have the privately maintained entrance street, sidewalk extension along Millwood Road, dedicated public utility easement along Millwood Road and Great Neck Road and landscaped buffers with six foot (6') privacy fence substantially as depicted and described on the exhibit entitled, "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN: 2408‐09‐9309 VIRGINIA BEACH, VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (the "Rezoning Plan") and are incorporated herein by this reference. A detailed landscape plan for the designated ten foot (10') landscape buffers with six foot (6') privacy fence as depicted on the Rezoning Plan shall be submitted for approval with the Subdivision Construction Plan. Proffer 2: When the Property is developed, it will be subdivided into no more than five (5) single family residential building lots each having a minimum of 10,000 square feet of area. The five (5) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2600 square feet of living area. Each home shall have no less than a two (2) car garage and utilize the high quality architectural features and design elements substantially as depicted on one of the five (5) renderings designated "Bishard Homes Subdivision Quality Example" (1 through 5), dated December 4, 2023 which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (the "Quality Home Depictions") and are incorporated herein by this reference. None of the Quality Homes depicted and proffered herein may be constructed on two (2) adjoining lots. Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 PacketPage Pg.853  2.a Proffer 3: When the Property is developed, the exterior building materials to be used on the residential structures shall consist primarily of high quality architectural shingles, cementitious siding (e.g., "Hardi Plank"), brick or masonry stone, or a combination of those materials along with high‐quality accent or ancillary material such as metal roof accents and vinyl Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC) shutters. Proffer 4: When the Property is developed, onstreet parking within the community shall be restricted to one (1) side of the street. Proffer 5: The party of the first part shall contribute a payment in lieu of the recreational open space requirement under Section 4.5 of the Subdivision Ordinance, to the Grantee's Parks and Recreation Department. Proffer 6: When the Property is developed, the party of the first part shall record a Declaration submitting the building lots, the ten foot (10') Fencing and Landscape Buffer Easement, the Shared Private Road Easements, offsite and onsite, and all maintenance agreements and obligations applicable thereto to a mandatory membership Homeowner's Association which shall control these easement rights and be responsible for maintaining the ONSITE portion of the SHARED PRIVATE ROAD and the ten foot (10') Fencing and Landscape Buffers. The Homeowner's Association shall also be responsible for collecting and contributing the homeowner's share of the maintenance costs of the offsite portion of the Shared Private Road from Millwood Road to its intersection with the ONSITE Private Road. Proffer 7: Further conditions may be required by the Grantee during detailed Subdivision and/or 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. Recommended Condition 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 "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN: 2408‐09‐ 9309 VIRGINIA BEACH, VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services, 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 applicant shall obtain an Encroachment Agreement through the Department of Public Works/Real Estate, prior to development, for any improvements (i.e roads, structures) that will encroach into any public City easements on the property. The Encroachment Agreement shall be approved prior to the approval of the site plan, construction plan, and recordation of the subdivision plat. 3. Prior to recordation, a one‐foot no ingress‐egress easement shall be dedicated along N. Great Neck Road on the subdivision plat. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 PacketPage Pg.954  2.a 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. Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC) Previous Conditions from 1966 CUP 1. Standard site plan requirements. 2. An additional 25‐foot dedication for the widening of Great Neck Road. Previous Conditions from 1973 CUP 1. Standard site plan requirements (Engineering). Previous Conditions from 1988 CUP 1. The utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site. Previous Conditions from 2000 MDC 1. Land disturbance for the addition shall be kept at a minimum. Any removal of existing mature trees shall be replaced at a 3:1 ratio. The replacement trees shall be a minimum 2‐1/2 inch to 3‐inch caliper. 2. The building addition shall be constructed substantially in accordance with the submitted elevation titled “WYCLIFFE PRESBYTERIAN CHURCH, Virginia Beach, VA.”, dated 22 August 2000, prepared by Tymoss & Moss Architects, that is on file in the City of Virginia Beach Planning Department. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. Overall, the proposal is consistent with the Comprehensive Plan’s recommendations for this area. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. The site is wooded with mature trees and shrubs. The impervious area of the site includes the church, several accessory buildings, and parking areas. The site also contains a freshwater pond. Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet 1055 Pg.  2.a The pond is considered non‐tidal wetlands and does not fall under the jurisdiction of City Code, Appendix A, Article 14 – Wetlands Zoning Ordinance. Vegetated wetlands are defined in the city’s Wetland Zoning Ordinance as lands lying between and contiguous to mean low water and an elevation above mean low water equal to the factor one and one‐ half (1½) times the mean tide range at the site of the proposed project in the City of Virginia Beach. The tidal elevation Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC) based off NAVD 88 datum for this portion of the Lynnhaven is as follows: Mean Low Water (MLW) elevation: ‐1.2, Tidal Range elevation: 1.9, Mean High Water (MHW): 0.7. While this area is classified as a lake habitat wetland on the U.S. Fish & Wildlife Service, National Wetland mapper, the elevations limit the local Wetlands Board jurisdiction, as described in the city’s Wetland Zoning Ordinance from MLW to an elevation of 1.7 feet (1 ½ times the mean tide range). Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2a – 46 ADT N. Great Neck Road 38,800 ADT1 55,000 ADT 1 (LOS 4 “D”) Existing Zoning (2.5 ac parcel zoned R‐10) 2a – 75 ADT Proposed Land Use 3a – 46 ADT Millwood Road No Data Available 1 No Data Available 1 Existing Land Use 2b – 0 ADT Proposed Land Use 3b – 50 ADT 1 Average Daily Trips 2a as defined by an existing 3a as defined by a 35,222 office 4 LOS = Level of Service 35,222 office building use 2b as defined by a vacant 3b as defined by a five‐lot 1.45‐acre R‐10 zoned single family subdivision parcel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) N. Great Neck Road is a six‐lane suburban arterial in the vicinity of this site. N. Great Neck Road has a variable right‐of‐ way width, and the MTP shows a divided highway with a bikeway and an ultimate right‐of‐way width of 120 feet. There are currently no CIP projects scheduled for this segment of N. Great Neck Road. Millwood Road is a two‐lane residential roadway that intersects with N. Great Neck Road at a unsignalized intersection. Public Utility Impacts Water Each proposed parcel must connect to City water with a separate and exclusive water service line and meter. There is an existing eight‐inch City water main along Millwood Road and a 16‐inch City water main along N. Great Neck Road. Sewer Each proposed parcel must connect to City sanitary sewer with a separate and exclusive sewer lateral and cleanout. There is an existing 12‐inch City gravity sanitary sewer main along Millwood Road and an eight‐inch City gravity sewer main along N. Great Neck Road. There is also an existing 16‐inch HRSD sanitary sewer force main along N. Great Neck Road. The proposed parcels within this development will be served by public utilities with individual connections being made from N Great Neck Road and Millwood Road and not via a shared public or private utility easement within the proposed private roadway. Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet 1156 Pg.  2.a School Impacts School Current Enrollment Capacity Generation 1 Change 2 Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC) Dey Elementary 728 students 788 students 1 student 1 student Great Neck Middle 1,056 students 1,128 students 1 student 1 student Cox High 1,614 students 1,883 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 & applicant’s representative met with the Great Neck Estates Civic League and the surrounding community on March 6, 2024 at 7:00 p.m. at the Wycliffe Presbyterian Church to discuss the details of the request.  As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 12, 2024.  As required by State Code, this item was advertised in the Virginian‐Pilot Beacon on Sundays, February 28, 2024 and March 6, 2024.  As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024.  This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.VirginiaBeach.gov/pc on March 7, 2024. Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet 1257 Pg.  Proposed Resubdivision Plat Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet Pg. 1358 2.a Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC)  Conditional Rezoning Exhibit Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet Pg. 1459 2.a Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC)  Street View Perspective Exhibit Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet Pg. 1560 2.a Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC)  Proposed Housing Style Renderings Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet Pg. 1661 2.a Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC)  Proposed Housing Style Renderings Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet Pg. 1762 2.a Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC)  Proposed Housing Style Renderings Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet Pg. 1863 2.a Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC)  Proposed Freestanding Monument Sign Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet Pg. 1964 2.a Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC)  Site Photos Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet Pg. 2065 2.a Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC)  Site Photos Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet Pg. 2166 2.a Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC)  Disclosure Statement Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet Pg. 2267 2.a Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC)  Disclosure Statement Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet Pg. 2368 2.a Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC)  Disclosure Statement Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet Pg. 2469 2.a Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC)  Disclosure Statement Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet Pg. 2570 2.a Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC)  Disclosure Statement Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet Pg. 2671 2.a Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC)  Disclosure Statement Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet Pg. 2772 2.a Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC)  2.a Next Steps  Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: 2024.03.13_PLN-05-09_Wycliffe Presbyterian Church & BHC, LLC (3752 : Wycliffe Presbyterian Church & BHC, LLC) public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days.  Following City Council’s decision, the applicant will receive a decision letter from Staff.  Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757‐385‐8074.  If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757‐385‐4621 or the Development Liaison Team at 757‐385‐5692.  Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid.  The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5‐9 Page Packet 2873 Pg.  CARL R ELLIS, JR Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Commission City Attorney’s Office Packet Pg. 74  BORN PRIMITIVE, LLC Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Commission City Attorney’s Office Packet Pg. 75  2.a Applicant Born Primitive, LLC Agenda Item Property Owner Modern Savage Investments, LLC Planning Commission Public Hearing March 13, 2024 City Council District 6 11 Request Modification of Proffers Staff Recommendation Approval Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC) Staff Planner Marchelle Coleman Location 1489, 1477, & 1469 Virginia Beach Boulevard & two parcels directly east of 1469 Virginia Beach Boulevard GPINs 2417057714, 2417150755, 2417059705, 2417152724, 2417154801 Site Size 4.40 acres AICUZ Greater than 75 dB DNL; APZ-1 Watershed Chesapeake Bay Existing Land Use and Zoning District Undeveloped lots / Conditional I-1 Light Industrial Surrounding Land Uses and Zoning Districts North Virginia Beach Boulevard Vacant lots, single-family dwellings, duplex, multi-family dwellings / R-5D Residential, A-12 Apartment District South Single-family dwellings / R-5D Residential East Gas station, single-family dwellings/ B-2 Community Business, R-5D Residential West North Oceana Boulevard Religious use, single-family dwelling / R-5D Residential Born Primitive, LLC Agenda Item 11 PacketPage Pg.176  2.a Background & Summary of Proposal • The applicant is requesting a Modification of Proffers to amend proffers associated with a 2004 Conditional Rezoning and 2023 Modification of Proffers on this Conditional I-1 Light Industrial District zoned property located within the greater than 75 dB DNL noise zone and the Accidental Potential Zone 1 (APZ-1) of the Air Installations Compatible Use Zones (AICUZ). • The applicant is requesting to modify Proffer 2 and Proffer 3 in the 2023 Proffers to implement the following changes to the previously proffered conceptual landscape plan, building elevations and building renderings: o The proffered landscape plan will be modified to enhance the 25-foot Category II Landscape Buffer along the southern and eastern property lines. The buffer will now consist of a mixture of large shrubs, understory Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC) trees, and canopy trees to provide a contiguous screening of plant material. Canopy trees will be installed at 1 ½ inches to 2 inches caliper with a 35-foot height or greater a maturity, understory evergreen trees will be installed at 6 feet and grow between 12 to 35 foot in height at maturity, and large shrubs will be installed at 3 to 4 feet in height and grow to 8 feet or greater at maturity. o The building height will increase from 26 feet at the roof peak to 35 feet. o Additional and larger windows have been added to break up the mass of the exterior façade. o The company logo on the front façade of the building, facing Virginia Beach Boulevard, has been slightly modified, as well as the verbiage on the roof, as depicted. • As shown on pages 9 & 10 of this report, the building elevations will be comprised of red, white, and blue metal panels to align with the company’s branding. The side and rear elevations will be clad with gray metal panels and the north elevation, which fronts Virginia Beach Boulevard, will include a gray stone veneer along the base of the structure. • As proffered, the Conceptual Landscape Plan shows the required building foundation, interior parking lot coverage, and street frontage plantings along with the 25-foot-wide buffer with Category II landscape plantings to screen the site from the residentially zoned properties to the south and east. • The proposed hours of operation are 9:00 a.m. to 6:00 p.m. daily. 2 Zoning History # Request 1 MDP Approved 04/18/2023 CRZ (O-2 & R-5D to Conditional I-1) Approved 1 3 2 02/24/2004 CUP (Church Expansion) Approved 03/28/2000 CUP (Church) Approved 04/23/1991 CUP (Church) Approved 1/19/1976 3 REZ (R-8 to B-2) Approved 02/14/1983 CUP (Gas Station) Approved 02/14/1983 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 Born Primitive, LLC Agenda Item 11 PacketPage Pg.277  2.a Evaluation & Recommendation This request to modify the proffers to amend the conceptual landscape plan, building elevations, and renderings to develop the site with an office warehouse is, in Staff’s opinion, acceptable. The office warehouse is generally consistent with the Comprehensive Plan’s land use policies for the Suburban Area. A guiding principle for the Suburban Area is to create “great neighborhoods,” which are stable and sustainable. In Staff’s opinion, the proposed office warehouse is a low intensity use that will have minimal customer traffic and generally operates with little to no noise. As stated previously, operating hours are typically between the hours of 9:00 a.m. to 6:00 p.m., which will have minimal impact on the surrounding residential properties. While the Comprehensive Plan would generally recommend a lower building height to better align with the adjacent residential dwellings, as previously mentioned, the applicant intends to install a more substantial landscape buffer adjacent to the residential properties to better screen the proposed building from the adjacent residences. Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC) As stated previously, the property is located within the greater than 75 dB DNL noise zone and the APZ-1. The proposed office warehouse use is consistent with the Comprehensive Plan’s land use policies for this area and is compatible with Naval flight operations. As indicated in Proffer 4, the use of the property shall only be developed as an office warehouse operation. Due to the success of the business, the applicant seeks to increase the height of the building from 26 feet to 35 feet to allow for more clear height within the warehouse for storage. With the proposed increase in building height, Staff recommended that the buffering along the southern property line be enhanced to consist of a mixture of large shrubs, understory trees, and canopy trees spaced in a manner to provide a contiguous screening of plant material along the entire property line, as shown on the modified conceptual landscape plan. In response, the applicant has included a variety of large shrubs, understory trees, and canopy trees in the required buffer area. The intent of the understory and canopy trees is to provide a more enhanced visual buffer of the building façade from the adjacent residential properties with species that mature to a height ranging from 12 feet to 35 feet. The applicant was amendable to this and has proffered a revised conceptual landscape plan to implement these recommendations. Based on the considerations provided above, Staff recommends approval of this request with the modified proffers listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to “offset identified problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer numbered two (2) set forth in the 2023 Proffers is hereby deleted and replaced with the following “New Proffer” numbered 2 to read as follows: When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled “CONCEPTUAL PLANTING PLAN & SCHEDULE FOR BORN PRIMITIVE WAREHOUSE, VIRGINIA BEACH, VIRGINIA”, dated 12/4/2023, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter “Landscape Plan”) and incorporated herein by this reference. Born Primitive, LLC Agenda Item 11 PacketPage Pg.378  2.a Proffer 2: Proffer numbered three (3) set forth in the 2023 Proffers is hereby deleted and replaced with the following “New Proffer” numbered 3 to read as follows: When the Property is developed, the exterior of the warehouse with ancillary office area shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials and architectural features as depicted on the exhibit entitled "NEW WAREHOUSE FOR BORN PRIMITIVE, OCEANA COMMERCE CENTER, VIRGINIA BEACH, VA", dated 12/04/23, prepared by Covington, Hendrix, Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter referred to as the "Elevations") and incorporated herein by this reference. 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. Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC) Proffers from 2023 Proffer Agreement 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 developed substantially as shown on the exhibit entitled, "CONCEPTUAL SITE LAYOUT FOR BORN PRIMITIVE WAREHOUSE VIRGINIA BEACH, VIRGINIA", dated 01/03/23, prepared by TRC Engineers, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan"). Proffer 2: When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled "CONCEPTUAL PLANTING PLAN & SCHEDULE FOR BORN PRIMITIVE WAREHOUSE, VIRGINIA BEACH, VIRGINIA", dated 01/03/2023, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Landscape Plan"). Proffer 3: When the Property is developed, the exterior of the warehouse with ancillary office area shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials and architectural features as depicted on the exhibit entitled "NEW WAREHOUSE FOR BORN PRIMITIVE, OCEANA COMMERCE CENTER, VIRGINIA BEACH, VA", dated 01/03/23, prepared by Covington, Hendrix, Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). Proffer 4: When the Property is developed as depicted on the Concept Plan, Landscape Plan and Elevations, its use shall be for office/warehouse. Proffer 5: 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. Born Primitive, LLC Agenda Item 11 PacketPage Pg.479  2.a 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 ensures the stability and sustainability of the Suburban Area now and in the future. Compatible infill development is encouraged, as long as the use is appropriate, and the building is in scale with the surrounding area. Special Area Development Guidelines call for buildings to be oriented to the street and designed to encourage pedestrian movement. Building massing and height should be appropriate to the surrounding area, as well as provide visual and architectural interest through staggered building placement and varied rooflines. Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC) Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 20,850 ADT1 25,100 ADT 1 (LOS 4 “D”) Existing Land Use (vacant I-1 zoned parcel) – 0 ADT Existing Zoning 2 – 114 ADT N. Oceana Boulevard No Data Available 9,900 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 102 ADT 1 Average Daily Trips 2 as defined by 48,000 3 4 as defined by 40,600 square feet LOS = Level of Service square feet of warehouse, of warehouse/office existing approved use Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard, in the vicinity of this site, is a four-lane minor arterial urban roadway. Virginia Beach Boulevard has a variable width right-of -way, and the MTP shows a divided roadway with an ultimate right-of-way width of 100 feet. N. Oceana Boulevard is a two-lane local roadway. There are no CIP projects located in the vicinity of this site. Public Utility Impacts Water There are two 12-inch City water mains along Virginia Beach Boulevard and a six-inch and 12-inch water main along N. Oceana Boulevard. Since there are multiple water service connections fronting the site, any unused water services must be abandoned in accordance with Public Utilities Design Standards Manual Section 4.9. Sewer There are two eight-inch City sanitary sewer gravity mains along Virginia Beach Boulevard and an eight-inch along N. Oceana Boulevard. Since there are multiple sewer service connections fronting the site, any unused sanitary sewer laterals must be abandoned in accordance with Public Utilities Design Standards Manual Section 3.9. Born Primitive, LLC Agenda Item 11 PacketPage Pg.580  2.a Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2024 and March 6, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024. Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC) • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.VirginiaBeach.gov/pc on March 7, 2024. Born Primitive, LLC Agenda Item 11 PacketPage Pg.681  2.a Proposed Conceptual Landscape Plan Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC) Born Primitive, LLC Agenda Item 11 PacketPage Pg.782  2.a Proposed Conceptual Landscape Plan Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC) Born Primitive, LLC Agenda Item 11 PacketPage Pg.883  2.a Proposed Building Elevations Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC) Born Primitive, LLC Agenda Item 11 PacketPage Pg.984  2.a Proposed Building Renderings Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC) Born Primitive, LLC Agenda Item 11 Page Packet Pg.1085  2.a 2023 Proffered Conceptual Landscape Plan Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC) Born Primitive, LLC Agenda Item 11 Page Packet Pg.1186  2.a 2023 Proffered Building Elevations Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC) Born Primitive, LLC Agenda Item 11 Page Packet Pg.1287  2.a 2023 Proffered Building Renderings Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC) Born Primitive, LLC Agenda Item 11 Page Packet Pg.1388  Site Photos Born Primitive, LLC Agenda Item 11 Page 2.a Packet Pg.1489 Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC)  Site Photos Born Primitive, LLC Agenda Item 11 Page 2.a Packet Pg.1590 Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC)  Disclosure Statement Born Primitive, LLC Agenda Item 11 Page 2.a Packet Pg.1691 Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC)  Disclosure Statement Born Primitive, LLC Agenda Item 11 Page 2.a Packet Pg.1792 Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC)  Disclosure Statement Born Primitive, LLC Agenda Item 11 Page 2.a Packet Pg.1893 Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC)  Disclosure Statement Born Primitive, LLC Agenda Item 11 Page 2.a Packet Pg.1994 Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC)  Disclosure Statement Born Primitive, LLC Agenda Item 11 Page 2.a Packet Pg.2095 Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC)  Disclosure Statement Born Primitive, LLC Agenda Item 11 Page 2.a Packet Pg.2196 Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC)  2.a Next Steps • 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 Attachment: 2024.03.13_PLN-11_Born Primitive, LLC (3753 : Born Primitive, LLC) 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. Born Primitive, LLC Agenda Item 11 Page Packet Pg.2297  LYNNHAVEN MALL, LLC Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Commission City Attorney’s Office Packet Pg. 98  2.a Applicant & Property Owner Lynnhaven Mall, LLC Agenda Item Planning Commission Public Hearing March 13, 2024 City Council District 3 12 Request Conditional Use Permit (Outdoor Recreational Facility) Attachment: 2024.03.13_PLN-12_Lynnhaven Mall, LLC (3754 : Lynnhaven Mall, LLC) Staff Recommendation Approval Staff Planner Michaela McKinney Location 701 Lynnhaven Parkway GPIN 1496350434 Site Size 2.8 acres (29.05 acres shopping center) AICUZ Greater than 75 dB DNL; APZ-2 Watershed Chesapeake Bay Existing Land Use and Zoning District Mixed Retail/Restaurants / B-2 Community Business Surrounding Land Uses and Zoning Districts North Lynnhaven Mall Loop Mixed Retail / B-2 Community Business South Lynnhaven Mall Loop Mixed Retail/Restaurants / B-2 Community Business East Princess Anne Road Mixed Retail/Restaurants / B-2 Community Business West S Lynnhaven Road Single-family dwellings / R-7.5 Residential Lynnhaven Mall, LLC Agenda Item 12 PacketPage Pg.199  2.a Background & Summary of Proposal • The applicant seeks to obtain a Conditional Use Permit for an Outdoor Recreational Facility to operate a 40,000 square foot Inflatable Park. • The property is zoned B-2 Community Business and is located within the Suburban Area. This use will occur on an outparcel of the Lynnhaven Mall within an existing parking lot. The operation of the park is seasonal and expected to occur annually from March to September. When all operations cease for the season, the inflatable park will be removed from the property. • The proposed use will consist of four inflatable structures. The structures will be deflated every night in no more Attachment: 2024.03.13_PLN-12_Lynnhaven Mall, LLC (3754 : Lynnhaven Mall, LLC) than 20 minutes. Included on the property will be limited concessions, and portable restrooms and handwashing stations that are to be serviced daily. Hours of operation are 10:00 am to 7:00 pm, seven days a week. 15 employees are anticipated. Amplified speakers will be used for general announcements during the hours of operation, amplified music is not permitted. • This request is proposed on one of the many parcels that comprise Lynnhaven Mall. A total of 5,241 parking spaces are required for the Mall, while a total of 5,396 parking spaces are provided. The proposed Outdoor Recreational Facility will occupy 142 parking spaces, leaving a total of 5,254 available parking spaces; therefore, the parking requirements will continue to be met onsite. • The Inflatable Park will be enclosed with a 6-foot-tall chain link fence that will be covered in black mesh. There are no proposed changes to the existing landscaping and no proposed signage associated with the proposal. 1 3 2 10 Zoning History # Request 7 1 CUP (Indoor Recreational Facility) Approved 08/06/2019 6 2 CUP (Outdoor Recreational Facility) Approved 08/06/2019 4 8 3 CUP (Tattoo Parlor) Approved 06/18/2018 4 Sign Permit (Major Event Venue) Approved 02/06/2018 5 CUP (Motor Vehicle Sales) Approved 07/19/2017 6 CUP (Tattoo Parlor) Approved 07/09/2013 7 CUP (Auto Repair Garage) Approved 11/13/2012 8 CUP (Wind Energy System) Approved 06/26/2012 9 CUP (Tattoo Parlor) Approved 06/08/2010 5 9 10 MDC Approved 06/12/2007 CUP (Self-Storage) Approved 07/03/2001 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The request to operate an Outdoor Recreational Facility is, in Staff’s opinion, acceptable. The addition of a temporary inflatable park to the existing Lynnhaven Mall is in keeping with the Suburban Area’s guiding principle of maintaining “Great Neighborhoods” looks for non-residential uses to be complimentary to the adjacent residential areas. The Lynnhaven Mall, LLC Agenda Item 12 PacketPage Pg. 2 100  2.a placement of the Inflatable Park within the existing parking lot would be supported by the Comprehensive Plan as it provides a recreational use within a predominately commercial area. While the use will generate a certain amount of noise, given the proposed hours of the park which coincides with the typical hours of other commercial locations in the area, staff does not believe the proposed use will cause a nuisance to the surrounding community. The proposed use will have minimal traffic impact to the surrounding areas as the visitors for the inflatable park may also be visitors of the mall. This portion of the property is located within the greater than 75 dB noise zone of the Air Installation Compatible Use Zones (AICUZ). Many uses within these noise zones are restricted, as identified in Article 18 of the Zoning Ordinance; however, the use of Outdoor Recreational Facilities is considered compatible. As previously mentioned, a chain link fence with black mesh will enclose the perimeter of the inflatable park to ensure Attachment: 2024.03.13_PLN-12_Lynnhaven Mall, LLC (3754 : Lynnhaven Mall, LLC) visitors to the park, including children, will be contained within the designated footprint. While Staff would not generally support the use of a chain link fence, since the proposed use is temporary in nature and will not be permanently installed on the site, staff is agreeable to its use. Furthermore, the black mesh will provide a certain amount of screening from the adjacent roadway and residential properties. In Staff’s opinion, the proposal is consistent with the Comprehensive Plan and is complementary to the existing commercial uses. Therefore, Staff is recommending approval of this request subject to the conditions below. Recommended Conditions 1. Operation of the Outdoor Recreational Facility shall be in substantial conformance with the site layout plan entitled “SITE PLAN DRAWN BY TMK”, dated December 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The use of amplified speakers for announcement purposes is permitted during the hours of operation, 10:00 am to 7:00 pm, seven days a week. Amplified speakers shall be directed inward of the property toward the shopping center and away from residential properties. The use of amplified speakers for music is prohibited. 3. The maximum occupancy load shall not exceed the maximum number as required by the Fire Marshal. 4. The operations of the Inflatable Park shall be limited to the months of March to September. 5. Hours of operation are limited to 10:00 am to 7:00 pm, seven days a week. 6. All inflatables shall be deflated at the close of business every evening. 7. The applicant shall obtain all necessary permits and inspections prior to operating. 8. The proposed use shall be screened by a six-foot tall fence with mesh screening and shall be subject to final approval from the Department of Planning and Community Development. 9. Any on-site signage for the operations shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Lynnhaven Mall, LLC Agenda Item 12 PacketPage Pg. 3 101  2.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 prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding Attachment: 2024.03.13_PLN-12_Lynnhaven Mall, LLC (3754 : Lynnhaven Mall, LLC) principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan’s primary guiding principle is to create “Great Neighborhoods,” and to support those neighborhoods with complementary non-residential uses, including the proposed temporary use, in such a way that the stability of the Suburban Area is maintained. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no natural or cultural resources. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 0 ADT S. Lynnhaven Road 13,600 ADT1 31,100 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – No Data Available Existing Land Use 2 – 0 ADT Lynnhaven Mall Loop No Data Available1 Proposed Land Use 3 – No Data Available 1 Average Daily Trips 2 as defined by 142 parking 3 4 No information available in the LOS = Level of Service spaces ITE Trip Generation Manual for event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This segment of S. Lynnhaven Road is a four-lane undivided minor urban arterial roadway. This segment of Lynnhaven Mall Loop is a three-lane collector roadway. Neither road is designated on the City’s MTP and they are not listed in the CIP to be upgraded. Public Utility Impacts Water & Sewer This site is connected to City water and City sanitary sewer Lynnhaven Mall, LLC Agenda Item 12 PacketPage Pg. 4 102  2.a Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, February 28, 2024 and March 6, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024. Attachment: 2024.03.13_PLN-12_Lynnhaven Mall, LLC (3754 : Lynnhaven Mall, LLC) • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.VirginiaBeach.gov/pc on March 7, 2024. Lynnhaven Mall, LLC Agenda Item 12 PacketPage Pg. 5 103  Proposed Site Layout Lynnhaven Mall, LLC Agenda Item 12 2.a PacketPage Pg. 6 104 Attachment: 2024.03.13_PLN-12_Lynnhaven Mall, LLC (3754 : Lynnhaven Mall, LLC)  Proposed Rendering Lynnhaven Mall, LLC Agenda Item 12 2.a PacketPage Pg. 7 105 Attachment: 2024.03.13_PLN-12_Lynnhaven Mall, LLC (3754 : Lynnhaven Mall, LLC)  Site Photos Lynnhaven Mall, LLC Agenda Item 12 2.a PacketPage Pg. 8 106 Attachment: 2024.03.13_PLN-12_Lynnhaven Mall, LLC (3754 : Lynnhaven Mall, LLC)  Disclosure Statement Lynnhaven Mall, LLC Agenda Item 12 2.a PacketPage Pg. 9 107 Attachment: 2024.03.13_PLN-12_Lynnhaven Mall, LLC (3754 : Lynnhaven Mall, LLC)  Disclosure Statement Lynnhaven Mall, LLC Agenda Item 12 2.a Page Packet Pg.10 108 Attachment: 2024.03.13_PLN-12_Lynnhaven Mall, LLC (3754 : Lynnhaven Mall, LLC)  Disclosure Statement Lynnhaven Mall, LLC Agenda Item 12 2.a Page Packet Pg.1109 Attachment: 2024.03.13_PLN-12_Lynnhaven Mall, LLC (3754 : Lynnhaven Mall, LLC)  2.a Next Steps • 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. Attachment: 2024.03.13_PLN-12_Lynnhaven Mall, LLC (3754 : Lynnhaven Mall, LLC) • 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. Lynnhaven Mall, LLC Agenda Item 12 Page Packet Pg.12 110  TERRY MOORE MIFFLETON Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Commission City Attorney’s Office Packet Pg. 111  2.a Applicant : Terry Moore Miffleton Agenda Item Property Owners: Charles & Terry Miffleton Planning Commission Public Hearing: March 13, 2024 City Council District 5 13 Request Conditional Use Permit (Short Term Rental) Staff Recommendation Attachment: 2024.03.13_PLN-13_Terry Moore Miffleton (3755 : Terry Moore Miffleton) Approval Staff Planner Michaela McKinney Location 303 Atlantic Avenue, Unit 403 GPIN 24273224031620 Site Size 1.03 acres (Private Unit: 941 square feet) Existing Land Use and Zoning District Multi-Family Dwelling / OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 4th Street (Connector Park) Multi-Family Dwellings / OR Oceanfront Resort South 3rd Street (Connector Park) Hotel / OR Oceanfront Resort East Boardwalk Atlantic Ocean, Beach West Atlantic Avenue Civic Use, Public Use Terry Moore Miffleton Agenda Item 13 PacketPage Pg. 112  2.a Background & Summary of Proposal Site Conditions and History • This 45,000 square foot parcel contains the Dolphin Run Condominiums and is zoned OR Oceanfront Resort District. According to City Records, this multi-family condominium was constructed in 1975. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • There are no current or past zoning violations on this site. This condominium has not previously been advertised or rented as a Short Term Rental. The current applicant purchased the property in October 2023 and was made Attachment: 2024.03.13_PLN-13_Terry Moore Miffleton (3755 : Terry Moore Miffleton) aware of the need for a Conditional Use Permit when filing for the STR Permit with the Zoning Division in November 2023. • Since this property was not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of January 29, 2024 is shown in the chart below: REGISTERED WITH THE CURRENTLY ADVERTISED LAST KNOWN RENTAL COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity Terry Moore Miffleton Agenda Item 13 PacketPage Pg. 2 113  2.a Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required; historical exemption made): 1 • Number of off-street parking spaces provided: 1 Attachment: 2024.03.13_PLN-13_Terry Moore Miffleton (3755 : Terry Moore Miffleton) 2 Zoning History # Request 1 STR Approved 07/11/2023 STR Approved 06/20/2023 1 STR Approved 05/16/2023 STR Approved 04/18/2023 STR Approved 11/09/2022 STR Approved 09/14/2022 STR Approved 08/16/2022 STR Approved 07/13/2021 2 COA (Colocation of Antennas) Approved 02/20/2017 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a two-bedroom, 941 square-foot Short Term Rental within the Dolphin Run Condominium building. Since the site is located in the Oceanfront Resort (OR) Short Term Rental Overlay District, Short Term Rental use is expected. The parcel is bounded by the Boardwalk, Beach, and Atlantic Ocean to the east, the 4th Street Connector Park to the north, the 3rd Street Connector Park to the south, and Atlantic Avenue to the west. The surrounding area is a mixture of multi-family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. There is one assigned parking space associated with this unit in the condominium’s parking lot. According to the City of Virginia Beach Zoning Ordinance, Appendix A, Article 23, Section 2303, (b), a., ii., “There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his Terry Moore Miffleton Agenda Item 13 PacketPage Pg. 3 114  2.a discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design.” Dolphin Run Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies along the Atlantic Avenue Corridor, which includes the most prominent frontage of resort- oriented uses at the Oceanfront Resort. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round destination, affording a more walkable, vibrant, engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term rental helps Attachment: 2024.03.13_PLN-13_Terry Moore Miffleton (3755 : Terry Moore Miffleton) achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 403, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller’s responsibility to notify the new property owner of requirements ‘a’ through ‘c’ below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Terry Moore Miffleton Agenda Item 13 PacketPage Pg. 4 115  2.a b) Copies of the Commissioner of Revenue’s Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. Attachment: 2024.03.13_PLN-13_Terry Moore Miffleton (3755 : Terry Moore Miffleton) 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform Terry Moore Miffleton Agenda Item 13 PacketPage Pg. 5 116  2.a such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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. Attachment: 2024.03.13_PLN-13_Terry Moore Miffleton (3755 : Terry Moore Miffleton) Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 26, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, February 28, 2024 and March 6, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.virginiabeach.gov/pc on March 7, 2024. Terry Moore Miffleton Agenda Item 13 PacketPage Pg. 6 117  2.a Site Layout & Parking Plan Attachment: 2024.03.13_PLN-13_Terry Moore Miffleton (3755 : Terry Moore Miffleton) Terry Moore Miffleton Agenda Item 13 PacketPage Pg. 7 118  Site Photos Terry Moore Miffleton Agenda Item 13 2.a PacketPage Pg. 8 119 Attachment: 2024.03.13_PLN-13_Terry Moore Miffleton (3755 : Terry Moore Miffleton)  Disclosure Statement Terry Moore Miffleton Agenda Item 13 2.a PacketPage Pg. 9 120 Attachment: 2024.03.13_PLN-13_Terry Moore Miffleton (3755 : Terry Moore Miffleton)  Disclosure Statement Terry Moore Miffleton Agenda Item 13 Page 2.a Packet Pg.10 121 Attachment: 2024.03.13_PLN-13_Terry Moore Miffleton (3755 : Terry Moore Miffleton)  Disclosure Statement Terry Moore Miffleton Agenda Item 13 Page 2.a Packet Pg.1122 Attachment: 2024.03.13_PLN-13_Terry Moore Miffleton (3755 : Terry Moore Miffleton)  2.a Next Steps • 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. Attachment: 2024.03.13_PLN-13_Terry Moore Miffleton (3755 : Terry Moore Miffleton) • 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. Terry Moore Miffleton Agenda Item 13 Page Packet Pg.12 123