Planning Commission - Formal Hearing

CITY OF VIRGINIA BEACH PLANNING COMMISSION AGENDA Wednesday, May 8, 2024 Council Chamber NOTICE OF PUBLIC HEARING I. MINUTES APPROVAL April 10, 2024 Planning Commission Formal Minutes, , , Hoa N. Dao A. Deferals Timothy Paasch, 510, 508 17th 1/2 Street, Council District 6 , Garek Hannigan II. PLANNING COMMISSION ITEMS City of Virginia Beach, , , Brandon Hackney City of Virginia Beach, , , Brandon Hackney City of Virginia Beach, 500 Studio Drive & 599 Studio Drive, Suites 2A & 2B, Council District 3, Hoa N. Dao Military Aviation Museum, 1341 Princess Anne Road, Council District 2, Marchelle Coleman Green Clean Holland,LLC, 4245 Holland Road, Council District 10, Elizabeth D Nowak Michele Cleland, 2285 London Bridge Road, Council District 5, Elizabeth D Nowak Milestone Manor, LLC, 4925 Providence Road, Council District 1, Elizabeth D Nowak Susanne M Colligon, 304 28th Street, Unit 208, Council District 5, Garek Hannigan Samantha Carrow, Page 1 PLANNING COMMISSION AGENDA MAY 8, 2024 905 Pacific Avenue, Unit C, Council District 5, Garek Hannigan  APRIL 10, 2024 PLANNING COMMISSION FORMAL MINUTES 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. 3  TIMOTHY PAASCH 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. 4  1.A.a Applicant Timothy Paasch Agenda Item Property Owners Sandra L. Borte & 510 Holding, LLC Planning Commission Public Hearing May 8, 2024 City Council District 6 8 Request Alternative Compliance (Low-speed Vehicle Rentals) Staff Recommendation Denial Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) Staff Planner Garek Hall Hannigan Location 510 & 508 17th ½ Street GPINs 24270619480000, 24270619890000 Site Size ± 13,020 square feet (both sites) AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Atlantic Ocean Existing Land Use and Zoning District Eating and drinking establishment, Office, Single-family dwellings, Short Term Rentals (4) / OR Oceanfront Resort, ViBe Creative District Surrounding Land Uses and Zoning Districts North 18th Street Multi-family dwelling (Workforce Housing), Craft brewery / OR Oceanfront Resort, ViBe Creative District South 17th ½ Street Parking lot, Eating and drinking establishment / OR Oceanfront Resort, ViBe Creative District East Single-family dwelling / OR Oceanfront Resort, ViBe Creative District West Storage yard / OR Oceanfront Resort, ViBe Creative District Timothy Paasch Agenda Item 8 Page Packet Pg.1 5  1.A.a Background & Summary of Proposal • The applicant is requesting a Special Exception of Alternative Compliance for Low-speed Vehicle Rentals as the use is not expressly listed in the use table of the Oceanfront Resort District Form-Based Code. The proposed rental facility will occupy a tenant space of an existing building (510 17th ½ Street) as well as it associated gravel parking lot (508 17th ½ Street). • The existing building has previously featured a mix of uses such as indoor recreation, eating and drinking establishment, and an upper floor office. This proposed use will replace the tenant space which previously housed the indoor recreation. The required parking for these uses and structures is 25 spaces – There are 8 parking spaces in the associated gravel parking lot (7 standard spaces, 1 ADA space). A deviation of the required parking spaces is a part of this request. • This request is in response to a Notice of Violation issued on August 28, 2023, for the illegal operation of a Low- Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) speed Vehicle Rental facility on site. • The applicant for this application also co-operates an illegal Low-speed Vehicle storage and rental facility at 1804 Arctic Avenue. • While the Oceanfront Resort district Form-based Code does not an expressly list the Low-speed Vehicle Rental as a permitted use within the Resort Area, the actual operation (i.e. driving) of Low-speed Vehicles is permitted within the Resort Area. • The applicant proposes to operate a Low-speed Vehicle Rental facility on site. Low-speed Vehicles are street-legal vehicles similar in size and appearance to a typical golf-cart. These vehicles are required by law to be equipped with headlights, brake lights, taillights, reflex reflectors, an emergency or parking brake, an externally mounted rearview mirror, an internally mounted rearview mirror, a windshield, one or more windshield wipers, a speedometer, an odometer, braking for each wheel, a safety belt system, and a vehicle identification number. Additionally, Low-speed Vehicles are not permitted to be operated on public roadways where the maximum speed limit exceeds 35 miles per hour. • Every public roadway in the Resort Area features a speed limit of 35 miles per hour or less – There are no current restrictions as to what roadways these vehicles could operate. • Per Section 7-10 of the City Code, operation of a Low-speed Vehicle is prohibited on the boardwalk and the adjacent grassy area and bicycle path, oceanfront parks and plazas, the beach, and all sidewalks. • This request was presented to the Planning/Design Review Committee (PDRC), a subcommittee of the Resort Advisory Commission (RAC), on March 5, 2024. Following the presentation, the Committee voted to support the item. Timothy Paasch Agenda Item 8 Page Packet Pg.2 6  1.A.a Zoning History 4 6 # 1 Request CUP (Short Term Rental) Approved 09/01/2020 CUP (Short Term Rental) Approved 09/01/2020 2 NON Approved 04/28/1992 CUP (Short Term Rental) Approved 09/01/2020 CUP (Short Term Rental) Approved 09/01/2020 5 3 4 ALT (Tattoo Parlor) Approved 05/17/2022 CUP (Craft Brewery) Approved 11/07/2017 2 CUP (Open-Air Market) Approved 11/07/2017 1 5 CUP (Short Term Rental) Approved 07/11/2023 CUP (Short Term Rental) Approved on 11/15/2022 CUP (Short Term Rental) Approved on 08/18/2020 CUP (Short Term Rental) Approved on 08/18/2020 CUP (Short Term Rental) Approved on 06/09/2020 Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) 3 6 CUP (Short Term Rental) Approved on 04/04/2023 CUP (Short Term Rental) Approved on 04/04/2023 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 Oceanfront Resort District Form-Based Code (ORDFBC) provides flexibility through the Special Exception of Alternative Compliance process to accommodate unique uses and development forms that contribute to the character and ambiance envisioned in the Resort Area Strategic Action Plan (RASAP 2030), per Sec. 7.3 of the ORDFBC. The proposed use of “Low-speed Vehicle Rentals” is not expressly listed within the Permitted Use Table, per Sec. 5.2 of the ORDFBC, and necessitates the Alternative Compliance request. The prevalence of Low-speed Vehicles in the Resort Area has increased as several dealerships for these vehicles have begun operating in the City as well as the growing number of electric vehicle charging stations at hotels. Currently, the dealerships and renters deliver the Low-speed Vehicles by trailering them down to customers in the Resort. The business model presented in this application is to have a satellite location for the vehicles to be stored and for customers to have a pick-up and drop-off location in the Resort Area. The growing number of Low-speed Vehicles has presented challenges for Resort Management, Parking Management, and the Police largely related to the illegal operation of these vehicles on sidewalks and the Boardwalk, as well as the illegal parking of the vehicles. The outcome of this application will not prohibit the use of Low-speed Vehicles in the Resort Area, nor will it mitigate or solve any issues pertaining to their use in the Resort Area. With these factors in mind, the Oceanfront Resort District provides ‘Review Standards’ for applications for Alternative Compliance, noting that the City Council “shall consider the extent to which the proposed development, taken as a whole,” satisfies these standards. Each of these standards is listed below, with a Staff comment pertaining to the degree to which the proposal does or does not meet each. • Promotes modes of transportation other than the automobile, including walking, biking, and transit. Staff Comments: The proposal for personal Low-speed Vehicle rentals does not promote a mode of transportation other than the automobile as Low-speed Vehicles are regulated and utilized in a manner virtually identical to those of traditional automobiles. As Low-speed Vehicles are bound to the same constraints of automobiles, they do not work towards reducing traffic and congestion nor parking demand in the Resort Area. Timothy Paasch Agenda Item 8 PacketPage Pg.3 7  1.A.a While micro-transit is a recommendation of the RAMP, the method of compatible micro-transit is not personal vehicle rentals but rather shared alternative mobility devices such as e-scooters and e-bikes, or larger format rideshares such as Uber or Lyft services. Further, the ViBe District’s Connectivity Plan emphasizes the continuance of the district as being pedestrian focused: The continuance of auto-centric uses and uses which rely on automobiles is antithetical to the goals and visions of the ViBe district as well as the Resort Area as a whole. As Low-speed Vehicles function and behave no differently than automobiles, this proposed use does not promote modes of transportation other than the automobile and would not be consistent with the recommendations of the RASAP or RAMP. • Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. Staff Comments: The requested Low-speed Vehicle rental use does not alter the existing built environment as no new additions/buildings are being proposed as part of this request. Additionally, the site is located along the 17th ½ Street alley which is not a space typically designed for pedestrians nor should it encourage pedestrianism Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) given the inherit safety concerns of facilitating people through a road structure designated for vehicular site access. • Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. Staff Comments: The proposed Low-speed Vehicle rental use is not an “active use” in that it does not generate nor promote high pedestrianism activity between itself or adjacent uses. The nature of the proposed use promotes a “pick-up and leave” business model which encourages the use of a private vehicle to go elsewhere in the Resort Area. Additionally, auto-oriented uses are not compatible with the Oceanfront Resort District as vehicle uses are intentionally excluded from the Permitted Use Table in order to shift the district towards being more pedestrian friendly. Given these factors, Staff does not find that a Low-speed Vehicle rental establishment would be a compatible use within the Resort Area. • Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code. Staff Comments: The proposed Low-speed Vehicle rental use is to be conducted on 17th ½ Street, an alley. Alleyways in the Oceanfront Resort district do not have a Street Frontage Type as uses are not intended to be conducted on the alleys, and alleys are only intended to be utilized as site access points. The parcel this proposed use is located, 510 and 508 18th Street, features the Beach Frontage Type. The Beach Frontage Type is intended to serve as a “quieter frontage with high pedestrian activity” and typically feature low- to medium- density residential and neighborhood-oriented uses (ORDFBC Sec. 2.1). There is a focus on pedestrian oriented uses along this Street Frontage Type that is not compatible with auto-oriented uses, such as the proposed Low- speed Vehicle rental use. As such, the proposed use is not consistent with the intent of the associated Street Frontage Type, and further, Staff does not believe any future automobile/vehicle rental uses would be appropriate on any Street Frontage Type within the ViBe Creative District given its goal of becoming a walkable hub. • Is physically and functionally integrated with the built environment in which it is located. Staff Comments: Physically, there are no site changes nor construction proposed with this request for a Low- speed Vehicle rental use. Functionally, the Oceanfront Resort District does not intend for uses to function from the alleys located in the Resort Area, as alleys are intended for vehicular site access. • Advances the goals and objectives of the parking strategy for the District. Staff Comments: This specific proposal of adding a Low-speed Vehicle rental use to the Resort Area does not reduce parking levels, nor does it provide sufficient parking for the site and use itself. The proposal of introducing Low-speed Vehicle rentals to the Oceanfront creates a double-parked effect, wherein visitors must first park their personal vehicle and then must find another parking accommodation for their rented vehicle, Timothy Paasch Agenda Item 8 Page Packet Pg.4 8  1.A.a essentially doubling the parking required for one user. The Resort Area does not differentiate Low-speed Vehicle parking from typical automotive parking, and there is not currently any “Low-speed Vehicle parking only” areas within the Resort Area, leading to this use introducing a mobility type that actively works towards increasing the overall need for parking in the Resort Area. Additionally, the subject site where this use is proposed does not feature adequate parking, per the ORDFBC. As part of this proposal a parking reduction from 25 required parking spaces to just 8 provided parking spaces is being requested – While Staff finds the parking reduction request to be unacceptable, it is something that could be approved as part of the Alternative Compliance request should City Council desire to do so. This proposal does not advance the goals nor objectives of the parking strategy for the Resort Area. • The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Staff Comments: The proposed use is likely to have adverse impacts on surrounding properties as competition for parking near the use, increase in vehicular movement around the use, and general noise from a rental Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) establishment is anticipated. Under the current zoning, this site can be developed or redeveloped with a plethora of by-right uses ranging from residential, office, and retail – Auto-oriented uses are specifically not listed in the Use Table for the district as they do not contribute towards making a desirable, walkable, year- round resort. Further, Staff also has concerns that approving this use at this site would create a precedent for more rental operations to seek approval in the Resort Area. Currently there are already issues with the illegal use and parking of these Low-speed Vehicles in the Resort without them being directly accessible for renting in the district. If this use were to be approved, and others were to follow suit, Staff believes there would be unintended consequences regarding illegal use and parking within a resort area that is actively working on separating vehicular spaces from the much more desirable pedestrian spaces. Given these factors, Staff believes the proposed use will be a detriment to surrounding properties and the Resort Area in general. If this is a desired use in the Resort Area, the plans dictating the future of the district, including the RASAP and RAMP, should be reevaluated. When reviewing the proposed Low-speed Vehicle rental business through the criteria above, Staff is unable to find that this proposed use positively contributes to long term goals of the Resort Area. The Resort Area, as envisioned by the RASAP, emphasizes a dense and walkable urban form with tourist and service uses that synergize with one another. Within the resort, visitors are encouraged to park their personal vehicles and explore the district at a pedestrian-level for the duration of their stay. For trips that may require a longer travel distance within the Resort Area there is the Atlantic Avenue Trolley, opportunities for bicycle and surrey rentals, as well as rideshare programs such as Uber or Lyft, all of which are modes of transportation that do not detract from the overall parking of the district. Given this, Staff has concerns about the larger implications of this use for the district itself and where these rental businesses, which are diametrically opposed to the goals of Resort Area, fit in to the larger fabric of the year-round, pedestrian-oriented resort envisioned in our adopted plans and policy. When examining this specific site for the proposed use, Staff has specific concerns with the site’s Frontage Type, the size of the site, and the parking on the site. Within the Form-based Code, the Frontage Type is a means to control the ultimate use of the site. Each Frontage Type establishes a ‘mood’ or ‘feeling’ for the general streetscape, form, and uses found along it. In the case of this property, the Frontage Type is the Beach Type: The Beach Frontage Type is intended as a quieter frontage with high pedestrianism and residential areas, and as such the Commercial Building Type and intense commercial uses are not permitted. Staff finds the general use of vehicle rentals to be a more intense commercial use that would typically be found in the city along major commercial corridors and not neighborhood-scaled nodes of commercial use like those intended along the Beach Frontage Type. Further, when examining how this use functions within the City as a whole, rental uses require a Conditional Use Permit in the zoning districts where they can be located – This is further evidence that the general use as a whole is viewed at a higher intensity than those uses permitted by- right, and would be inconsistent with the Beach Frontage Type. Furthermore, Section 239 of the City Zoning Ordinance establishes a minimum lot size requirement of 20,000 square feet for Motor Vehicle Sales and Rentals within other zoning districts. The current combined site is approximately 13,000 square feet; however, this accounts for the existing Timothy Paasch Agenda Item 8 Page Packet Pg.5 9  1.A.a four Short Term Rental units located along 18th Street as well as the commercial building and parking lot along 17th ½ Street. When accounting solely for the area this use would occupy, the site size drops to approximately 4,060 square feet, or nearly five times smaller than the typically required area within other areas of the City. While this discrepancy in size can be approved through the Alternative Compliance request, it does underscore the impetus behind the required lot size in other zoning districts, particularly as it relates to the ability to adequately accommodate parking. While the four Short Term Rental units located along 18th Street are able to accommodate the required parking for each unit, the building and uses located along 17th ½ Street cannot. The rear building, based on its existing and proposed uses, would require 25 on-site parking spaces; however, only 8 spaces are provided on-site, including 1 ADA compliant space. As such, the site is under-parked by 17 required spaces. Since both the RASAP and RAMP emphasize the need to add additional parking in the Resort Area to ensure existing and proposed uses are adequately parked, staff finds it difficult to support this proposal given the significant deficiency in the number of provided spaces. While the applicant stated to that the rental vehicles will only be kept in inside in the tenant space at 510 B 17th ½ Street, it was also stated by the applicant to the Resort Advisory Commission’s PDRC that the vehicles will be returned to the gravel parking lot, thus adding to the on-site vehicular congestion until the rental vehicles are moved by an employee into the tenant space. Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) Due to these site constraints and the other existing uses operating on the site, Staff does not believe that this particular site is well suited for the proposed use. This project was presented to the Planning/Design Review Committee (PDRC), a subcommittee of the Resort Advisory Commission (RAC) on March 5, 2024. The applicant shared the business model with the Committee. The PDRC voted to support the request. However, after the meeting the PDRC Chair, Mr. Almond, reached out to Staff to indicate that multiple members of the Committee had expressed concern about the larger implications of the use in the Resort Area as well as any impacts the use may have on the surrounding neighboring properties. As of April 24, 2024, a letter of support from RAC nor PDRC has been received by Staff. The ViBe District nonprofit board wrote a letter of support for the proposed Low-speed Vehicle rental use noting that any concerns with pedestrian safety or illegal parking and use of the vehicles could be mitigated by the rental company via educational signage on each vehicle. Ultimately, Staff does not support the proposed Low-speed Vehicle rental business given the contradiction between this proposed use and the adopted policies of the Resort Area Strategic Action Plan as well as the inability of the site to accommodate the intensity of this use, including inadequate on-site parking. Having evaluated the proposal against the review criteria adopted in the Form-based Code, Staff was unable to find the proposal in conformance with the aforementioned criteria, and thus recommends denial of this Special Exception for Alternative Compliance to the Form- based Code. Should Planning Commission or City Council find that this application meets the seven required evaluation criteria, Staff would recommend that conditions listed below be applied to this request. Recommended Conditions 1. The total number of Low-speed Vehicles permitted to be stored and rented on this Site shall be seven (7) as shown on the plan entitled “Tenant Buildout for Moke America” produced by Altruistic Design and dated January 1, 2024. This fleet of seven (7) vehicles shall be marked as to indicate their connection to the tenant space at 510 Unit B 17th ½ Street as well as their number, between 1 and 7, within the fleet. Any Low-speed Vehicle being stored on the site which is not designated as one of the fleet vehicles is not permitted. 2. No Low-speed Vehicle marked as one of the seven (7) permitted fleet vehicles is permitted to be stored in the gravel parking lot adjacent to 510 17th ½ Street. At the time of the fleet vehicles return, the vehicle must be stored in the tenant space located at 510 Unit B 17th ½ Street. Timothy Paasch Agenda Item 8 Page Packet Pg.610  1.A.a 3. A clearly legible sign, as approved by the Zoning Administrator or their designee, in a prominent place on the premises where such sign will be seen and read by a reasonably observant customer is required. Such sign shall contain the following information at a minimum: a. Operators must be sixteen (16) years or older to operate. b. Valid driver's license is required of all customers. c. Customers must be familiar with and obey traffic laws. Violations will be prosecuted by police. d. Operation is prohibited on the boardwalk and the adjacent grassy area and bicycle path, oceanfront parks and plazas, the beach, and all sidewalks. 4. A sticker or plaque, as approved by the Zoning Administrator or their designee, shall be placed within the Low-speed Vehicles where such sticker or plaque will be seen and read by a reasonably observant customer is required. Such sign shall contain the following information at a minimum: a. Operators must be sixteen (16) years or older to operate. Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) b. Valid driver's license is required of all customers. c. Customers must be familiar with and obey traffic laws. Violations will be prosecuted by police. d. Operation is prohibited on the boardwalk and the adjacent grassy area and bicycle path, oceanfront parks and plazas, the beach, and all sidewalks. 5. Prior to the operation of the Low-speed Vehicle rental establishment an approved business license for this address must be obtained from the Commissioner of the Revenue’s Office. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The applicant is seeking an Alternative Compliance approval for 510 & 508 17th ½ Street to establish a Low-speed Vehicle rental business. This project falls within the Resort Area SGA and the ViBe creative district. Based on the existing conditions discussed in the Resort Area Mobility Plan, 17th street, or Virginia Beach Boulevard, has a Bicycle Level 3 of Traffic Stress, meaning traffic congestion for multimodal transportation is congested and riders feel unsafe (p. 36, RAMP). Adding another form of transit to the street in this area particularly would cause additional stress, especially in peak season for those outside of automobiles. Although Low-speed Vehicles can be utilized as a form of micro-transit in certain ride-share formats, the Comprehensive Planning team does not see the rental of Low-speed Vehicles for individual use as compatible to the goals of the Resort Area. The Resort Area utilizes shared-ride micro-transit for drop off and pick up, not for private use (p. 48, RAMP). The existing parking inventory would not be able to handle an influx of Low-speed Vehicles and there is a safety concern on where they would be designated to park and the potential for the illegal travel in bike and pedestrian lanes, as well as Timothy Paasch Agenda Item 8 Page Packet Pg.711  1.A.a illegal parking. The residents desire better parking and pedestrian management to make parking safer and the Resort Area more connected (p. 79, RASAP). In the Resort Area Strategic Action Plan, mobility planning calls to “divert traffic out of the neighborhoods” and states shared mobility devices “…can pose challenges to vehicular safety and curbside management” (p.21, RASAP). The ViBe District, which this property falls within, is deemed “an ideal walkable scale, with most destinations under a 10- minute walk from one another” (p.3, ViBe Connectivity Plan). Therefore, continuing to encourage a form of transportation that would not support the safety of pedestrians would be discouraged in the ViBe District. Based on plan recommendations, Comprehensive Planning would not support a positive recommendation for this Alternative Compliance request. Natural & Cultural Resources Impacts Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) The site is located in the Atlantic Ocean watershed. There does not appear to be any 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 April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on May 2, 2024. Timothy Paasch Agenda Item 8 Page Packet Pg.812  Proposed Floor Plan Timothy Paasch Agenda Item 8 Page Packet Pg.913 1.A.a Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch)  1.A.a Photograph for Violation Case Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) Timothy Paasch Agenda Item 8 Page Packet 1014 Pg.  1.A.a Disclosure Statement Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) Timothy Paasch Agenda Item 8 Page Packet 1115 Pg.  1.A.a Disclosure Statement Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) Timothy Paasch Agenda Item 8 Page Packet 1216 Pg.  1.A.a Disclosure Statement Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) Timothy Paasch Agenda Item 8 Page Packet 1317 Pg.  1.A.a Disclosure Statement Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) Timothy Paasch Agenda Item 8 Page Packet 1418 Pg.  1.A.a Disclosure Statement Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) Timothy Paasch Agenda Item 8 Page Packet 1519 Pg.  1.A.a Disclosure Statement Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) Timothy Paasch Agenda Item 8 Page Packet 1620 Pg.  1.A.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 Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Attachment: 2024.05.08_PLN-08_Timothy Paasch (3883 : Timothy Paasch) 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. Timothy Paasch Agenda Item 8 Page Packet 1721 Pg.  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. 22  2.a Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing May 8, 2024 Administrative Modifications by the Zoning Administrator 1 Request An Ordinance to amend Section 103 of the City Zoning Ordinance pertaining to the granting of modifications by the Attachment: 2024.05.08_PLN-01_Administrative Modifications (3877 : City of Virginia Beach) Zoning Administrator. Proposed fee: $200; Authority: Virginia Code Section 15.2-2286. Documentation found at the Planning and Community Development Department- 2875 Sabre Street, Suite 500, (757) 385-4621. Summary of Request The purpose of this amendment is to grant the Zoning Administrator the authority to make minor modifications to the provisions of the Zoning Ordinance. Modifications would be permitted up to five percent of any provision of the Ordinance pertaining to the physical requirements of a lot or parcel of land, including but not limited to size, height, or location of features related to any building, structure, or improvement. To approve a modification, the Zoning Administrator, similar to the Board of Zoning Appeals, must find that the request meets the three criteria shown below. 1. The strict application of the Ordinance would produce an undue hardship; and 2. Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and 3. The authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification. Recommendation Staff recommends approval of this Ordinance. Granting the Zoning Administrator the authority to make modifications to the dimensional requirements of the Zoning Ordinance alleviates the need for a Board of Zoning Appeals (BZA) variance for minor items that are not expected to have detrimental impacts on surrounding properties. This Ordinance upholds the integrity of the Zoning Ordinance by restricting approvable modifications to only five percent and requiring that the Zoning Administrator make findings similar to those of the BZA. Additionally, a process for the notification of the adjacent property owners is established to allow them to provide comments or concerns. Should there be valid and substantiated objections from the neighboring properties, the request will be denied, and the applicant will be given the option to apply for a variance from the BZA. City of Virginia Beach Agenda Item 1 PacketPage Pg.123  Ordinance City of Virginia Beach Agenda Item 1 PacketPage Pg.224 2.a Attachment: 2024.05.08_PLN-01_Administrative Modifications (3877 : City of Virginia Beach)  Ordinance City of Virginia Beach Agenda Item 1 PacketPage Pg.325 2.a Attachment: 2024.05.08_PLN-01_Administrative Modifications (3877 : City of Virginia Beach)  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. 26  2.a Applicant City of Virginia Beach Agenda Item Property Owner Michels Family, LLC Planning Commission Public Hearing May 8, 2024 City Council District 3 3 Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach) Request Modification of Conditions (Amend Deed of Conditions & Restrictions) Staff Recommendation Approval Staff Planner Hoa N. Dao Location 500 Studio Drive, 599 Studio Drive, Suites 2A & 2B GPINs 14767884450001, 14767884450002, 14767884450003 Site Size 7.82 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office, warehouse / I-1 Light Industrial Surrounding Land Uses and Zoning Districts North Mount Trashmore Park / P-1 Preservation South S. Independence Boulevard, Holland Road, Studio Drive Automobile dealership / B-2 Community Business East Single-family & multi-family dwellings / R-7.5 Residential, A-12 Apartment, A-18 Apartment West Offices / B-2 Community Business City of Virginia Beach Agenda Item 3 PacketPage Pg.127  2.a Background & Summary of Proposal • In 1998, City Council approved a rezoning of a 21.3-acre parcel from P-1 Preservation District and B-2 Community Business District to Conditional I-1 Light Industrial District for development of a corporate office park. At the time, a Deed of Conditions and Restrictions was recorded with the Circuit Court instead of the Conditional Zoning Agreement (aka proffers) that is typically done with a conditional rezoning request. For the purposes of the development of this property, the Deed of Conditions and Restrictions carry the same weight as proffers. Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach) • The 1998 approval limits the use of the site to office, distribution, warehousing, and production studios and accessory uses. • In 2009, City Council granted a modification request to expand the uses to include: business, medical, financial, non- profit, professional and similar office buildings, eating and drinking establishments without drive-through windows, printing, lithographic or publishing establishments, office, distribution, warehousing, and production studios and accessory uses. In addition, Unit 3B is permitted to have a full-service financial institution with drive-throughs and ATMs. • The applicant, the City of Virginia Beach, is under contract to acquire 7.82-acres of the 21.3-acre parcel, known as, Units 1, 2A, and 2B of this condominium park and plans to utilize the existing 65,700 square foot building located on Unit 1 for the Office of the Voter Registrar and Central Absentee Precinct. The areas referred to as Unit 2A and 2B were never developed. Since the 2009 Amended Deed of Conditions and Restrictions does not list public building or public meeting grounds as allowable uses, this request is needed to expand the list of permissible uses. • At this time, there are no plans to alter the existing building exterior or to develop Units 2A and 2B. Zoning History # Request 1 CUP (Assembly Use) Approved 12/12/2023 2 CUP (Body Piercing Establishment) Approved 09/15/2020 2 MDC (Tattoo Parlor) Approved 08/18/2015 CUP (Tattoo Parlor) Approved 05/11/2010 CUP (Vocational School) Approved 05/11/2010 3 3 MDC Approved 06/09/2009 CRZ (P-1 & B-2 to I-1) Approved 09/22/1998 7 4 CUP (College/Higher Education) Approved 09/11/2012 4 5 8 5 CUP (Motor Vehicle Sales & Service) Approved 02/22/2005 6 CUP (Automobile Service Station) Approved 12/18/2001 9 6 1 7 CRZ (B-2 to O-1) Approved 08/25/1998 CUP (Assisted Living Facility) Approved 08/25/1998 8 CRZ (B-2 to A-18) Approved 02/10/1998 9 CRZ (Timberlake LUP) Approved 1978 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental City of Virginia Beach Agenda Item 3 PacketPage Pg.228  2.a Evaluation & Recommendation The applicant’s request to modify Section 3B of the 2009 Amended Conditions and Restrictions to allow for the operation of an Office of Voter Registrar and Central Absentee Precinct is acceptable. Except for changes to the section below, the remainder of the Deed of Conditions and Restrictions will remain in effect. Section 3B of the 2009 Amended Conditions and Restrictions is hereby deleted in its entirety and replaced as follows: Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach) “Only the following uses permitted under the present I-1 (Light Industrial) zoning classification for the City of Virginia Beach, Virginia shall be permitted on the Property: business, medical, financial, non-profit, professional and similar office buildings; eating and drinking establishments (without drive-through windows); printing, lithographic or publishing establishments; public buildings and grounds, public meetings, assembly uses; office, distribution, warehousing, and production studios and accessory uses. Additionally, the following uses shall be permitted on Units 1, 2A, and 2B: a full-service office of the general registrar for voter registration and elections, central absentee voter precinct, including without limitation curbside and in-person voting, vote counting and review, public speech activities, education and training, off-street parking, and pedestrian accessways, as well as other municipal, office, and warehouse purposes. Additionally, the following uses shall be permitted on Units 3B-1 and 3B-2: a full-service financial institution with drive-throughs and ATMs.” Staff does not believe there will be any negative impacts to the surrounding area with the additional proposed uses. The existing 192 parking spaces on-site satisfy the parking requirement for the proposed use. Based on the considerations described, Staff recommends approval of this request subject to the conditions listed below. Recommended Condition 1. Prior to operation of the proposed use, the Amended Deed of Conditions and Restriction shall be recorded with the City of Virginia Beach Clerk of Circuit Court. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site is located within the Suburban Area of the City. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan’s primary guiding principle is to create “great neighborhoods,” and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. City of Virginia Beach Agenda Item 3 PacketPage Pg.329  2.a 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 on this property. Traffic Impacts Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach) Street Name Present Volume Present Capacity Generated Traffic Studio Drive No Data Available Existing Land Use 2 – 712 ADT Independence Boulevard 73,300 ADT1 70,400 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 712 ADT Holland Road 32,700 ADT1 32,700 ADT 1 (LOS 4 “D”) 1 Average Daily Trips 2 as defined by a 65,700 SF 3 4 as defined by a 65,700 SF office LOS = Level of Service office building building Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this property is from Studio Drive, which is a two-lane private roadway that terminates at the Independence Boulevard and Holland Road signalized intersection. Independence Boulevard in the vicinity of this application is considered a six-lane major urban arterial. The MTP proposes an eight-lane facility within a 150-foot right-of-way. The Independence Boulevard/Edwin Drive Intersection improvement project is a fully funded CIP project that will impact this development site. This project will convert left-turn movements in both directions of South Independence Boulevard at Edwin Drive to median left-turns upstream and downstream of the mainline intersection (Median U-Turns) and widen east-bound and west-bound approaches on Edwin Drive. The project will also include a continuous five-foot sidewalk on both sides of Independence and Edwin with a connection to existing shared-use path on Edwin as well as installation of bus shelters at two existing bus stops. This project is scheduled to begin construction in 2031 and right-of-way acquisition is scheduled to begin in 2029. Holland Road in the vicinity of this application is considered a four-lane divided minor urban arterial facility. The Holland Road Phase I CIP project is approved for this area of Holland Road. This project will reconfigure Holland Road as a six- lane superstreet by adding additional through lanes in both directions from South Independence Boulevard to South Plaza Trail and by installing Restricted Crossing U-Turn (R-CUT), which helps reduce crashed, intersections at the intersections that lack a traffic signal. The project will also include a continuous five-foot wide sidewalk on both sides of Holland Road, as well as LED streetlights and installation of bus shelters at four existing bus stops. Construction of this project is scheduled to begin in 2031. Public Utility Impacts Water & Sewer The property is connected to City water and sanitary sewer services. City of Virginia Beach Agenda Item 3 PacketPage Pg.430  2.a Public Outreach Information Planning Commission • The request received a positive recommendation by the Virginia Beach Development Authority on March 19, 2024. Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach) • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://VirginiaBeach.gov/pc on May 2, 2024. City of Virginia Beach Agenda Item 3 PacketPage Pg.531  2009 Amended Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 PacketPage Pg.632 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach)  2009 Amended Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 PacketPage Pg.733 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach)  2009 Amended Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 PacketPage Pg.834 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach)  1999 Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 PacketPage Pg.935 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach)  1999 Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 Page Packet Pg. 1036 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach)  1999 Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 Page Packet Pg. 1137 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach)  1999 Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 Page Packet Pg. 1238 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach)  1999 Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 Page Packet Pg. 1339 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach)  Proposed Site Layout City of Virginia Beach Agenda Item 3 Page Packet Pg. 1440 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach)  Site Photos City of Virginia Beach Agenda Item 3 Page Packet Pg. 1541 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach)  Site Photos City of Virginia Beach Agenda Item 3 Page Packet Pg. 1642 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach)  Disclosure Statement City of Virginia Beach Agenda Item 3 Page Packet Pg. 1743 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach)  Disclosure Statement City of Virginia Beach Agenda Item 3 Page Packet Pg. 1844 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach)  Disclosure Statement City of Virginia Beach Agenda Item 3 Page Packet Pg. 1945 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach)  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. Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3878 : City of Virginia Beach) • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. City of Virginia Beach Agenda Item 3 Page Packet 2046 Pg.  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. 47  2.a Applicant City of Virginia Beach Agenda Item Property Owner Michels Family, LLC Planning Commission Public Hearing May 8, 2024 City Council District 3 3 Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach) Request Modification of Conditions (Amend Deed of Conditions & Restrictions) Staff Recommendation Approval Staff Planner Hoa N. Dao Location 500 Studio Drive, 599 Studio Drive, Suites 2A & 2B GPINs 14767884450001, 14767884450002, 14767884450003 Site Size 7.82 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office, warehouse / I-1 Light Industrial Surrounding Land Uses and Zoning Districts North Mount Trashmore Park / P-1 Preservation South S. Independence Boulevard, Holland Road, Studio Drive Automobile dealership / B-2 Community Business East Single-family & multi-family dwellings / R-7.5 Residential, A-12 Apartment, A-18 Apartment West Offices / B-2 Community Business City of Virginia Beach Agenda Item 3 PacketPage Pg.148  2.a Background & Summary of Proposal • In 1998, City Council approved a rezoning of a 21.3-acre parcel from P-1 Preservation District and B-2 Community Business District to Conditional I-1 Light Industrial District for development of a corporate office park. At the time, a Deed of Conditions and Restrictions was recorded with the Circuit Court instead of the Conditional Zoning Agreement (aka proffers) that is typically done with a conditional rezoning request. For the purposes of the development of this property, the Deed of Conditions and Restrictions carry the same weight as proffers. Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach) • The 1998 approval limits the use of the site to office, distribution, warehousing, and production studios and accessory uses. • In 2009, City Council granted a modification request to expand the uses to include: business, medical, financial, non- profit, professional and similar office buildings, eating and drinking establishments without drive-through windows, printing, lithographic or publishing establishments, office, distribution, warehousing, and production studios and accessory uses. In addition, Unit 3B is permitted to have a full-service financial institution with drive-throughs and ATMs. • The applicant, the City of Virginia Beach, is under contract to acquire 7.82-acres of the 21.3-acre parcel, known as, Units 1, 2A, and 2B of this condominium park and plans to utilize the existing 65,700 square foot building located on Unit 1 for the Office of the Voter Registrar and Central Absentee Precinct. The areas referred to as Unit 2A and 2B were never developed. Since the 2009 Amended Deed of Conditions and Restrictions does not list public building or public meeting grounds as allowable uses, this request is needed to expand the list of permissible uses. • At this time, there are no plans to alter the existing building exterior or to develop Units 2A and 2B. Zoning History # Request 1 CUP (Assembly Use) Approved 12/12/2023 2 CUP (Body Piercing Establishment) Approved 09/15/2020 2 MDC (Tattoo Parlor) Approved 08/18/2015 CUP (Tattoo Parlor) Approved 05/11/2010 CUP (Vocational School) Approved 05/11/2010 3 3 MDC Approved 06/09/2009 CRZ (P-1 & B-2 to I-1) Approved 09/22/1998 7 4 CUP (College/Higher Education) Approved 09/11/2012 4 5 8 5 CUP (Motor Vehicle Sales & Service) Approved 02/22/2005 6 CUP (Automobile Service Station) Approved 12/18/2001 9 6 1 7 CRZ (B-2 to O-1) Approved 08/25/1998 CUP (Assisted Living Facility) Approved 08/25/1998 8 CRZ (B-2 to A-18) Approved 02/10/1998 9 CRZ (Timberlake LUP) Approved 1978 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental City of Virginia Beach Agenda Item 3 PacketPage Pg.249  2.a Evaluation & Recommendation The applicant’s request to modify Section 3B of the 2009 Amended Conditions and Restrictions to allow for the operation of an Office of Voter Registrar and Central Absentee Precinct is acceptable. Except for changes to the section below, the remainder of the Deed of Conditions and Restrictions will remain in effect. Section 3B of the 2009 Amended Conditions and Restrictions is hereby deleted in its entirety and replaced as follows: Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach) “Only the following uses permitted under the present I-1 (Light Industrial) zoning classification for the City of Virginia Beach, Virginia shall be permitted on the Property: business, medical, financial, non-profit, professional and similar office buildings; eating and drinking establishments (without drive-through windows); printing, lithographic or publishing establishments; public buildings and grounds, public meetings, assembly uses; office, distribution, warehousing, and production studios and accessory uses. Additionally, the following uses shall be permitted on Units 1, 2A, and 2B: a full-service office of the general registrar for voter registration and elections, central absentee voter precinct, including without limitation curbside and in-person voting, vote counting and review, public speech activities, education and training, off-street parking, and pedestrian accessways, as well as other municipal, office, and warehouse purposes. Additionally, the following uses shall be permitted on Units 3B-1 and 3B-2: a full-service financial institution with drive-throughs and ATMs.” Staff does not believe there will be any negative impacts to the surrounding area with the additional proposed uses. The existing 192 parking spaces on-site satisfy the parking requirement for the proposed use. Based on the considerations described, Staff recommends approval of this request subject to the conditions listed below. Recommended Condition 1. Prior to operation of the proposed use, the Amended Deed of Conditions and Restriction shall be recorded with the City of Virginia Beach Clerk of Circuit Court. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site is located within the Suburban Area of the City. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan’s primary guiding principle is to create “great neighborhoods,” and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. City of Virginia Beach Agenda Item 3 PacketPage Pg.350  2.a 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 on this property. Traffic Impacts Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach) Street Name Present Volume Present Capacity Generated Traffic Studio Drive No Data Available Existing Land Use 2 – 712 ADT Independence Boulevard 73,300 ADT1 70,400 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 712 ADT Holland Road 32,700 ADT1 32,700 ADT 1 (LOS 4 “D”) 1 Average Daily Trips 2 as defined by a 65,700 SF 3 4 as defined by a 65,700 SF office LOS = Level of Service office building building Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this property is from Studio Drive, which is a two-lane private roadway that terminates at the Independence Boulevard and Holland Road signalized intersection. Independence Boulevard in the vicinity of this application is considered a six-lane major urban arterial. The MTP proposes an eight-lane facility within a 150-foot right-of-way. The Independence Boulevard/Edwin Drive Intersection improvement project is a fully funded CIP project that will impact this development site. This project will convert left-turn movements in both directions of South Independence Boulevard at Edwin Drive to median left-turns upstream and downstream of the mainline intersection (Median U-Turns) and widen east-bound and west-bound approaches on Edwin Drive. The project will also include a continuous five-foot sidewalk on both sides of Independence and Edwin with a connection to existing shared-use path on Edwin as well as installation of bus shelters at two existing bus stops. This project is scheduled to begin construction in 2031 and right-of-way acquisition is scheduled to begin in 2029. Holland Road in the vicinity of this application is considered a four-lane divided minor urban arterial facility. The Holland Road Phase I CIP project is approved for this area of Holland Road. This project will reconfigure Holland Road as a six- lane superstreet by adding additional through lanes in both directions from South Independence Boulevard to South Plaza Trail and by installing Restricted Crossing U-Turn (R-CUT), which helps reduce crashed, intersections at the intersections that lack a traffic signal. The project will also include a continuous five-foot wide sidewalk on both sides of Holland Road, as well as LED streetlights and installation of bus shelters at four existing bus stops. Construction of this project is scheduled to begin in 2031. Public Utility Impacts Water & Sewer The property is connected to City water and sanitary sewer services. City of Virginia Beach Agenda Item 3 PacketPage Pg.451  2.a Public Outreach Information Planning Commission • The request received a positive recommendation by the Virginia Beach Development Authority on March 19, 2024. Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach) • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://VirginiaBeach.gov/pc on May 2, 2024. City of Virginia Beach Agenda Item 3 PacketPage Pg.552  2009 Amended Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 PacketPage Pg.653 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach)  2009 Amended Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 PacketPage Pg.754 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach)  2009 Amended Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 PacketPage Pg.855 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach)  1999 Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 PacketPage Pg.956 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach)  1999 Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 Page Packet Pg. 1057 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach)  1999 Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 Page Packet Pg. 1158 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach)  1999 Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 Page Packet Pg. 1259 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach)  1999 Deed of Restrictions & Conditions City of Virginia Beach Agenda Item 3 Page Packet Pg. 1360 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach)  Proposed Site Layout City of Virginia Beach Agenda Item 3 Page Packet Pg. 1461 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach)  Site Photos City of Virginia Beach Agenda Item 3 Page Packet Pg. 1562 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach)  Site Photos City of Virginia Beach Agenda Item 3 Page Packet Pg. 1663 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach)  Disclosure Statement City of Virginia Beach Agenda Item 3 Page Packet Pg. 1764 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach)  Disclosure Statement City of Virginia Beach Agenda Item 3 Page Packet Pg. 1865 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach)  Disclosure Statement City of Virginia Beach Agenda Item 3 Page Packet Pg. 1966 2.a Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach)  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. Attachment: 2024.05.08_PLN-03_City of Virginia Beach - Lakeview Corporate Park (3886 : City of Virginia Beach) • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. City of Virginia Beach Agenda Item 3 Page Packet 2067 Pg.  MILITARY AVIATION MUSEUM 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. 68  2.a Applicant Military Aviation Museum Agenda Item Property Owner Virginia Beach Airport, LLC Planning Commission Public Hearing May 8, 2024 City Council District 2 4 Request Modification of Conditions Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 1341 Princess Anne Road GPIN 2401762176 Site Size 80 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Museum, grass runway airport / AG-1 Agricultural, AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Single-family dwellings, cultivated field / AG-1 Agricultural South Single-family dwellings, wooded area / AG-1 Agricultural East Princess Anne Road Single-family dwelling / AG-2 Agricultural West Wooded Area, undeveloped lot/ AG-1 Agricultural, AG-2 Agricultural Military Aviation Museum Agenda Item 4 Page Packet Pg.169  2.a Background & Summary of Proposal • On January 9, 2007, City Council approved a Conditional Use Permit for a Museum on this 80-acre parcel zoned AG-1 & AG-2 Agricultural District. Modifications to the Conditional Use Permit were subsequently approved by City Council, in 2008 and 2011. The 2008 modification permitted an expansion of the museum to include five additional structures and additional parking while the 2011 modification, allowed for a new 45,000 square foot hanger/exhibition area with associated parking to the west of the existing hanger/museum. • The applicant is now seeking a modification to expand the operating hours for the museum, to accommodate special events held on site, as well as other events that are customarily incidental to the museum use. Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum) • The current operating hours for the museum are 9:00 a.m. to 5:00 p.m., seven days a week, except for the summer months when the museum ceases operation at dusk. With the current request, the applicant is proposing to amend the hours of operation for the museum to 9:00 a.m. to 9:00 p.m. seven (7) days a week, and no later than 10:00 p.m. for any Special Events permitted by the City’s Special Events Office. • No more than eight special events of an outdoor nature having outdoor amplified sound, and which exceed 500 persons in attendance, will be allowed on the property per calendar year. Events that are customarily incidental to the museum use shall not be considered a special event. • No changes to the site layout are proposed. Zoning History # Request 1 MDC Approved 06/28/2011 MDC Approved 12/09/2008 CUP (Museum) Approved 01/09/2007 1 2 CUP (Outdoor Recreational Facility) Approved 05/14/2002 3 3 CUP (Church) Approved 11/13/2001 SVR (Minimum Pavement Width) Approved 11/13/2001 2 4 CUP (Single-family dwellings in AG) Approved 12/08/1992 SVR (Minimum Pavement Width) Approved 12/08/1992 4 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation This request for a Modification of Conditions for the Military Aviation Museum is, in Staff’s opinion, acceptable. The existing Military Aviation Museum has been operating on this site for over 15 years. The museum is a valued community asset for both the City and the Hampton Roads area as a whole. Since the airport on the property operates under a separate Use Permit and a subsequent court order, the current evaluation applies only to the applicant’s request to expand the operating hours for the museum and to host a limited number of special events on site, beyond Military Aviation Museum Agenda Item 4 Page Packet Pg.270  2.a those events that are considered customary with and incidental to the museum. In Staff’s opinion, the request to host up to 8 outdoor events with amplified sound and more than 500 people in attendance is reasonable and will positively contribute to the museum’s operation while being mindful of surrounding residents. All events that meet the criteria stated above, and as identified in Condition 3, will be permitted through the City’s Special Events Office and thus will be reviewed individually to ensure adequate steps are taken to minimize impacts to nearby property owners and residents. In Staff’s view, the request is in keeping with the policies of the Comprehensive Plan, as there will be no major alterations to the site layout and all outdoor events will cease operation by 10:00 p.m. The recommended conditions are designed to limit the impact of the museum to a level that is compatible with the agricultural community. Based on these considerations, Staff recommends approval with the conditions listed below. Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum) Recommended Conditions 1. All previous conditions attached to the previous Modification of Conditions granted on 06/28/2011 shall be voided and replaced with the following conditions below. However, Conditions 7 through 16 remain unchanged from the 2011 Modification of Conditions. 2. The Aviation Museum may operate between the hours of 9:00 a.m. to 9:00 p.m., seven (7) days a week, and no later than 10:00 p.m. for any Special Events permitted by the City’s Special Events Office. 3. The Aviation Museum is permitted to have no more than eight (8) special events per calendar year, not including those that are customarily incidental to the museum use, that are of an outdoor nature, have outdoor amplified sound, and which exceed 500 persons in attendance. 4. Subdivision of any of the Museum’s property that has been identified as within the Modification of Conditions (MDC) shall require a modification of the MDC to remove such property from the purview of the MDC. 5. Museum employees and Training Services, Inc. employees who maintain vintage aircraft displayed at the Museum shall number no more than thirty (30) persons on duty at any given time. There shall be no limit on the number of volunteers. 6. There shall be no outdoor amplified sound or music audible at the property line associated with the museum or special events. 7. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 8. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 9. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road unless required by Virginia Beach Emergency Services. 10. The existing runway shall remain in a grassed condition and shall not be paved. 11. The site shall be developed substantially in accordance with the submitted “ULTIMATE SITE BUILD-OUT” by Martin Engineering and stated 03/03/2011. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. All buildings other than the initial hanger/exhibition area shown on the submitted plan shall be only used for museum related purposes. Military Aviation Museum Agenda Item 4 Page Packet Pg.371  2.a 12. A landscaped buffer shall be installed along the northern boundary of this property. A solid row of evergreens shall be planted along the southwestern corner of the property. The Director of Planning or his designee, shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning or his designee. 13. Canopy trees shall be planted, staring at the north of the proposed cul-de-sac and continuing west to the west property line adjacent to the proposed Cottbus German building. Mixes of canopy trees are to be utilized consisting of large canopy trees, ranging in height from sixty (60) feet and greater at maturity and medium canopy trees, ranging in height from thirty feet (30) to sixty-five (65) feet at maturity. Planting is encouraged to be innovative in terms of spacing and arrangement to allow the widest possible variation for visual enhancement. Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum) 14. A Landscape Plan shall be submitted at the time of site plan review depicting the existing and proposed landscape buffers, streetscape landscaping, foundation planting and parking lot landscaping. 15. The Museum's use of the airport shall comply with all applicable Federal Aviation Administration regulations. 16. In connection with the Princess Anne/Gum Bridge Road intersection improvements project (CIP 2-021-020) the applicant shall reimburse the City for the cost of constructing a right turn lane into the applicant's property. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Previous Conditions from 2011 MDC 1. The operating hours for the museum shall be 9:00 AM. through 5:00 P.M., seven days a week, except during the summer months when the Museum will cease operating at dusk. 2. Museum employees and Training Services, Inc employees who maintain vintage aircraft displayed at the Museum shall number no more than thirty (30) persons on duty at any given time. There shall be no limit on the number of Volunteers. 3. There shall be no outdoor amplified sound or music audible at the property line associated with the Museum or special events. 4. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 5. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 6. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road. Military Aviation Museum Agenda Item 4 Page Packet Pg.472  2.a 7. The existing runway shall remain in a grassed condition and shall not be paved. 8. The site shall be developed and designed substantially in accordance with the submitted "ULTIMATE SITE BUILD-OUT" by Martin Engineering and dated 03/03/11. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. All buildings, other than the initial hanger/exhibition area shown on the submitted plan, shall be only used for Museum-related purposes. 9. A landscaped buffer shall be installed along the northern boundary of this property. A solid row of evergreens shall be planted along the southwestern corner of the property. The Director of Planning or his designee, shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning or his designee. Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum) 10. Canopy trees shall be planted, staring at the north of the proposed cul-de-sac and continuing west to the west property line adjacent to the proposed Cottbus German building. Mixes of canopy trees are to be utilized consisting of large canopy trees, ranging in height from sixty (60) feet and greater at maturity and medium canopy trees, ranging in height from thirty-feet (30) to sixty-five (65) feet at maturity. Planting is encouraged to be innovative in terms of spacing and arrangement to allow the widest possible variation for visual enhancement. 11. A Landscape Plan shall be submitted at the time of site plan review depicting the existing and proposed landscape buffers, streetscape landscaping, foundation planting and parking lot landscaping. 12. The Museum's use of the airport shall comply with all applicable Federal Aviation Administration regulations. 13. In connection with the Princess Anne/Gum Bridge Road intersection improvements project (CIP 2-021-020) the applicant shall reimburse the City for the cost of constructing a right turn lane into the applicant's property. Previous Conditions from 2008 MDC 1. The operating hours for the Museum shall be 9:00 am through 5:00 pm, seven days a week, except during the summer months when the Museum will cease operating at dusk. 2. Museum Employees and Training Services, Inc. employees who maintain the vintage aircraft displayed at the Museum shall number no more than eighteen (18) persons on duty at any given time. There shall be no limit to the number of Volunteers. 3. There shall be no outdoor amplified sound or music audible at the property line associated with the Museum or special events. 4. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 5. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 6. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road. 7. The existing runway shall remain in a grassed condition and shall not be paved. 8. The additional buildings shown on the submitted plan shall be only used for museum-related purposes. Military Aviation Museum Agenda Item 4 Page Packet Pg.573  2.a 9. A landscaped buffer shall be installed along the northern boundary of this property. The Director of Planning shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning. Previous Conditions from 2007 CUP 1. The operating hours for the museum shall be 9:00 am through 5:00 pm, seven days a week, except during the summer months when the museum will cease operating at dusk. 2. Museum employees shall number no more than four (4) persons on duty at any given time. There shall be no limit Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum) on the number of volunteers. 3. There shall be no outdoor amplified sound or music audible at the property line associated with the museum or special events. Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth pressures. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. The majority of the site is grass field with a grass runway. There is an existing airport hanger with a paved parking lot and water tower. There does not appear to be any significant environmental or local cultural features on the site; however, the museum, including the proposed facilities, is indicative of the role of this area of the city during World War II. Several airfields in rural southern area of the city served as satellite fields to Norfolk Naval Air Station, serving in support to operations, training, and maintenance of WWII aircraft. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic* Existing Land Use 2 – No Data Available Princess Anne Road 9,900 ADT1 11,200 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – No Data Available 1 Average Daily Trips 2 as defined by a museum with 3 4 No information available in the LOS = Level of Service up to 8 special events per ITE Trip Generation Manual for calendar year special events *The proposed modifications to the operating hours will have a minimal effect on traffic on Princess Anne Road. The trip generation for the proposed Special Events will be determined at the time that a Special Event permit is submitted to the City of Virginia Beach for review and approval. Military Aviation Museum Agenda Item 4 Page Packet Pg.674  2.a Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This site is located off of Princess Anne Road south of West Neck Road. In the vicinity of this application, Princess Anne Road is a two-lane rural highway with an eighty-foot (80’) right-of-way width. The City’s MTP indicates an ultimate right- of-way width of one hundred feet (100’). There are currently no CIP projects planned for this portion of Princess Anne Road. Public Utility Impacts Water & Sewer City water and sanitary sewer is not available. Any impact on the private well or the existing onsite sewage treatment Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum) facility requires Health Department approval. Public Outreach Information Planning Commission • The applicant’s representative met with the Agricultural Advisory Commission on January 8, 2024 & April 1, 2024 to discuss the details of the request. According to the applicant’s representative, the Commission was supportive of the request to expand the operating hours and to limit the number of special events of an outdoor nature, with outdoor sound, that exceeds more than 500 persons in attendees to no more than eight per calendar year. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on May 2, 2024. Military Aviation Museum Agenda Item 4 Page Packet Pg.775  Site Layout Military Aviation Museum Agenda Item 4 Page Packet Pg.876 2.a Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum)  Site Photos Military Aviation Museum Agenda Item 4 Page Packet Pg.977 2.a Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum)  Site Photos Military Aviation Museum Agenda Item 4 Page Packet Pg. 1078 2.a Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum)  Disclosure Statement Military Aviation Museum Agenda Item 4 Page Packet Pg. 1179 2.a Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum)  Disclosure Statement Military Aviation Museum Agenda Item 4 Page Packet Pg. 1280 2.a Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum)  Disclosure Statement Military Aviation Museum Agenda Item 4 Page Packet Pg. 1381 2.a Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum)  Disclosure Statement Military Aviation Museum Agenda Item 4 Page Packet Pg. 1482 2.a Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum)  Disclosure Statement Military Aviation Museum Agenda Item 4 Page Packet Pg. 1583 2.a Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum)  Disclosure Statement Military Aviation Museum Agenda Item 4 Page Packet Pg. 1684 2.a Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum)  Disclosure Statement Military Aviation Museum Agenda Item 4 Page Packet Pg. 1785 2.a Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum)  Disclosure Statement Military Aviation Museum Agenda Item 4 Page Packet Pg. 1886 2.a Attachment: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum)  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: 2024.05.08_PLN-04_Military Aviation Museum (3879 : Military Aviation Museum) • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Military Aviation Museum Agenda Item 4 Page Packet 1987 Pg.  GREEN CLEAN HOLLAND,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. 88  2.a Applicant Green Clean Holland, LLC Agenda Item Property Owners Alp & Alex Aslan Planning Commission Public Hearing May 8, 2024 City Council District 10 5 Request Conditional Use Permit (Car Wash Facility) Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC) Staff Recommendation Denial Staff Planner Elizabeth Nowak Location 4245 Holland Road GPIN 1476963446 Site Size 1.38 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant commercial building / PD-H1 Planned Unit Development Surrounding Land Uses and Zoning Districts North Holland Road Shopping center, gas station / B-2 Community Business South Shopping center / PD-H1 Planned Unit Development East S. Plaza trail Apartments / PD-H1 Planned Unit Development West Shopping center / PD-H1 Planned Unit Development Green Clean Holland, LLC Agenda Item 5 Page Packet Pg.189  2.a Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to develop a Car Wash Facility on a 1.38-acre outparcel of the Timberlake Shopping Center. The property is in an area identified in the Timberlake Land Use Plan as a commercial use. As this total area is greater than three acres, the B-2 Community Business use table governs uses for this commercial area and identifies Car Wash Facilities as a conditional use. • A Rite Aid Pharmacy was constructed on this outparcel in 1999 and operated here until 2023 when the store was Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC) closed. The applicant is proposing to reuse the existing building for the car wash. While some modifications will be made to the building to accommodate the new automated car wash tunnel and to rebrand the building, they will occur within the existing dimensions of the building (see the proposed site layout on page 7 of this report). • Minor changes are proposed to the existing building to include removal of the existing canopy associated with the former drive thru pharmacy and a redesign of the branded gable element of the Rite Aid building on the north and east elevations to include a flat roof indicative of Green Clean’s modern aesthetic. The building will also be repainted with dark neutral tones and the north and east elevations will be broken up by engineered wood paneling. • Overhead doors for vehicular access will be installed along the north and east elevations. The primary entrance and one exit to the tunnel will be located on the north end of the building, facing Holland Road. Customers will have an option to exit the facility through the east elevation (facing S. Plaza Trail) or to continue through the building to access eight vacuum stations located inside the facility and then to exit back out the north elevation. • In addition to the vacuums inside the building, the applicant proposes an additional 17 vacuums on the east side of the building. These will be central turbine vacuums, black in color, with no overhead canopy. There are two vacuum equipment pads proposed at the southern end of each row of vacuum stations; the pads will be screened on three sides with ornamental shrubs. • There is an existing monument-style sign at the corner Holland Road and S. Plaza Trail that the applicant plans to reuse. The sign face will be replaced as shown in the exhibit on page 8 of this report. The existing hedgerow will be removed and required landscaping will be installed. • Section 228.1 of the Zoning Ordinance requires a minimum of three parking spaces for each car wash space within the facility. Five parking spaces are proposed on the concept plan, meeting the parking requirement. One of the vacuum spaces is designed to be ADA-accessible. • The existing dumpster area at the southern edge of the parcel will be reused. It is screened with a masonry wall on three sides with a gate on the fourth. Landscaping will be installed on three sides as required in the Zoning Ordinance. Green Clean Holland, LLC Agenda Item 5 Page Packet Pg.290  2.a 2 Zoning History # Request 1 MDP Approved 06/18/2019 1 2 LUP Approved 11/19/1981 CUP (Tattoo Parlor) Approved 10/17/2017 CUP (Indoor Recreational Facility) Approved 04/05/2016 CUP (Indoor Recreation) Approved 07/03/2012 Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC) CUP (Motor Vehicle Rentals) Approved 08/14/1996 3 3 LUP Approved 11/19/1981 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation In Staff’s opinion, this Car Wash Facility is an inappropriate use for this prominent corner along the Holland Road corridor. The Comprehensive Plan identifies this area as being part of the Suburban Area, which recommends the development of Great Neighborhoods, which are identified as areas that balance residential neighborhoods with complementary non-residential uses. While Car Wash Facilities can be considered a complementary non-residential use, they are an auto-oriented and auto-dependent use. The Timberlake Shopping Center is further identified in the 2023 Commercial Area Pattern Book (CABP) as an aging shopping center with dense mixed-use redevelopment potential. Specifically, the CABP recommends outparcels of large shopping centers like Timberlake Shopping Center be redeveloped as “the face of the development and (extension of) the neighborhood” in which it is located. Developing an automated car wash on the shopping center’s most prominent corner in a section of Holland Road with several shopping centers with similar redevelopment potential continues to entrench auto-oriented design and use in this corridor. Car washes by their nature do not activate the pedestrian zone; as a potential catalyst site for Timberlake Shopping Center, adjacent commercial parcels, and the immediate residential neighborhoods, this outparcel has the potential to be a leader for how the general character of the area will evolve or if it will remain static. While Staff believes the proposed use does not conform with recommendations in the Comprehensive Plan, Staff does acknowledge that the proposal is an innovative reuse of an existing building and that the proposed concept plan improves existing site landscaping. Adaptive reuse, such as what the applicant proposes, is a highly beneficial redevelopment strategy as it is less impactful on the environment and helps maintain the character of an area. The redesign of the elevations removes much of the branding of the current building from a standard “Rite Aid” building design and introduces some color contrast that reduces the scale of the building. The concept landscaping plan is robust and will add trees and large shrubs where many do not currently exist, including trees to parallel an existing pedestrian access at the southern edge of the outparcel and along a newly proposed sidewalk connecting Holland Road with the interior of the shopping center. Existing street trees will remain where possible and will be replaced with new if they cannot. By closing an existing drive thru lane along the building’s west elevation and by introducing a sidewalk with a verge on either side, the applicant has reduced existing impervious cover on the property and created additional green space. Green Clean Holland, LLC Agenda Item 5 Page Packet Pg.391  2.a The proposed reuse and redesign would improve some existing conditions of this outparcel, but this site would be better suited for a non-auto-oriented use. Apartments east of the site across S. Plaza Trail will look directly out onto the facility and its vacuum stations. The two corner lots on the north side of Holland Road are developed with a gas station and a drive-thru restaurant. Expanding this pattern to this property may lead to further erosion of people-centered redevelopment potential. With these considerations, Staff recommends denial of this application. Noting, however, the quality of the reuse proposal, Staff has included a list of recommended conditions should Planning Commission find this to be an appropriate use for this site. Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC) Recommended Conditions 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled “Carwash Concept Virginia Beach, VA”, prepared by Kimley-Horn, and dated 4/1/2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled “Green Clean Express Auto Wash-4247 Holland Road, Virginia Beach, VA” prepared by SBA Studios, and dated 4/9/2024, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 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 Green Clean Holland, LLC Agenda Item 5 Page Packet Pg.492  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 project falls within the Suburban Area as defined in the Comprehensive Plan. The Suburban Area’s guiding principle Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC) of maintaining “Great Neighborhoods” calls for complementary non-residential uses at edges of residential areas to provide goods, services, and employment to nearby residents. Timberlake Shopping Center is also identified in the Commercial Area Pattern Book (CAPB) as an Inland Character Area (“Holland Road to S. Independence Boulevard”). The CAPB calls for redevelopment of these areas to focus on improving pedestrian access and circulation of the centers, as well as supporting multiple modes of transit to the area. Outparcels should be redeveloped with strong anchors like mixed-use buildings and other key neighborhood-oriented uses that promote community resiliency. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and is located outside the Resource Protection Area. A portion of the property is located in the Special Flood Hazard Area, AE flood zone; however, the proposed improvements are located outside the AE flood zone. Should any equipment or structures be located in the AE flood zone, they will be required to meet the requirements in Appendix K, Floodplain Ordinance. There are no historical or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 37,000 ADT1 32,700 ADT (LOS 4 “D”) Existing Land Use 2 – 1,400 ADT Proposed Land Use 3 – 500 ADT S. Plaza Trail 10,040 ADT 32,700 ADT (LOS “D”) 1 Average Daily Trips 2 as defined by a 13,000 square- 3 4 as defined by an automated car LOS = Level of Service foot pharmacy with drive-thru wash with one tunnel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) In the vicinity of this application, Holland Road is considered a four-lane divide minor urban arterial. The Holland Road Phase I CIP project is approved for this area of Holland Road. It will reconfigure Holland Road as a six-lane superstreet by adding through lanes in both directions from S. Independence Boulevard to S. Plaza Trail and by installing Restricted Crossing U-Turn. The project will also include continuous five-foot wide sidewalk on both sides of Holland Road and installation of LED streetlights and bush shelters at the four existing bus stops. Construction of Holland Road Phase I is scheduled to begin in 2031. Green Clean Holland, LLC Agenda Item 5 Page Packet Pg.593  2.a S. Plaza Trail in the vicinity of this application is considered a four-lane divided minor suburban arterial with an existing 80-foot wide right-of-way. The MTP proposes a four-lane facility within a 115-foot right-of-way. Currently, there are no CIP projects to upgrade this roadway. Public Utility Impacts Water There is an existing 8-inch city water main encroaching through the adjacent property within Public Utility Easements. The existing 8-inch city water main through the adjacent property connects to the 16-inch City transmission main along Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC) Holland Road. The site currently connects to City water. Sewer There is an existing 8-inch which transitions to a 10-inch city sanitary sewer gravity main encroaching through the adjacent property within a Variable Width Public Utility Easement. The sanitary sewer main within the property connects to the 8-inch city main along Spence Circle. The site currently connects to City sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on May 2, 2024. Green Clean Holland, LLC Agenda Item 5 Page Packet Pg.694  Proposed Site Layout Green Clean Holland, LLC Agenda Item 5 Page Packet Pg.795 2.a Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC)  2.a Proposed Signage & Dumpster Enclosure Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC) Green Clean Holland, LLC Agenda Item 5 Page Packet Pg.896  Proposed Vacuums Green Clean Holland, LLC Agenda Item 5 Page Packet Pg.997 2.a Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC)  Proposed Pay Stations Green Clean Holland, LLC Agenda Item 5 Page Packet Pg.1098 2.a Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC)  Site Photos Green Clean Holland, LLC Agenda Item 5 Page Packet Pg.1199 2.a Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC)  Site Photos Green Clean Holland, LLC Agenda Item 5 Page 2.a Packet Pg.12 100 Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC)  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Page 2.a Packet Pg.13 101 Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC)  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Page 2.a Packet Pg.14 102 Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC)  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Page 2.a Packet Pg.15 103 Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC)  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Page 2.a Packet Pg.16 104 Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC)  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Page 2.a Packet Pg.17 105 Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,LLC)  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Page 2.a Packet Pg.18 106 Attachment: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,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: 2024.05.08_PLN-05_Green Clean Holland, LLC (3880 : Green Clean Holland,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. Green Clean Holland, LLC Agenda Item 5 Page Packet Pg.19 107  MICHELE CLELAND 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. 108  2.a Applicant & Owner Michele Cleland Agenda Item 6 Planning Commission Public Hearing May 8, 2024 City Council District 5 Request Conditional Use Permit (Wildlife Rehabilitation Center) Staff Recommendation Approval Attachment: 2024.05.08_PLN-06_Michele Cleland (3881 : Michele Cleland) Staff Planner Elizabeth Nowak Location 2285 London Bridge Road GPIN 2405606502 Site Size ±3 acres AICUZ 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Vacant / AG-2 Agricultural Surrounding Land Uses and Zoning Districts North London Bridge Road Single-family dwellings, dental office, farm/ AG- 2 Agricultural, O-1 Office South Religious Use (Approved CUP), Single-family dwellings /AG-2 Agricultural, R-10 Residential East Field / AG-2 Agricultural West Tree stand / P-1 Preservation Michele Cleland Agenda Item 6 PacketPage Pg. 1 109  2.a Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Wildlife Rehabilitation Center on this approximately three-acre parcel zoned AG-2 Agricultural District. She will rehabilitate orphaned native avian species, including waterfowl, waterbirds, and songbirds, and will eventually provide care of injured animals. The applicant will be operating this facility as an individual, not as part of an organization. Animals will be brought to her primarily from other licensed rehabbers in the Virginia Beach area. • Since only Home-based Wildlife Rehabilitation Centers are permitted by right in AG-2 Agricultural District, a Conditional Use Permit is required for the proposed use. This property was conveyed to the applicant with a deed restriction barring development of residential uses on the property and no dwellings currently exist that could be inhabited by the applicant. • Immediate facilities required for the use include two walk-in aviaries and a shed for supplies. Should the operations Attachment: 2024.05.08_PLN-06_Michele Cleland (3881 : Michele Cleland) fare well and there is sufficient financial support and capacity, the applicant states that future facilities may include an additional shed and more aviaries as needed. The applicant has expressed an interest in branching into providing rehabilitation for small mammals (non-rabies vector animals) but is presently focusing on birds. A modification would be required to add care for small mammals in the future. • The applicant has indicated that she may use heavy fabric or another fabric covering to partially screen the aviaries from view from London Bridge Road. The fabric covering will provide some additional shielding from passersby and traffic from the road. • The aviaries the applicant will use are enclosed mesh structures with predator-proof flooring. These types of enclosures are used for juvenile birds who need to learn how to adapt to ambient temperatures and typical outdoor noises, such as those of predators. They provide a crucial link in the rehabilitation of orphaned avians before they can be released at a designated off-site location. • A one-foot no ingress/egress easement is recorded on the parcel limiting access to the site to a shared entrance on the eastern side of the property. The shared entrance is on the adjacent parcel, which has a shared cross-access agreement with both the subject property and another property to the west. A private driveway from London Bridge Road still exists on the property, however, the driveway is gated and locked, and will only be used in the event of an emergency. The applicant has agreed to only access the site from the shared entrance. The property has sufficient pavement width to permit several cars to park on site. • The property is currently fenced, and the applicant will install a series of security cameras and may add some site lighting. The facility will not be open or accessible to the general public. • The applicant currently has a Category IV Wildlife Rehabilitation permit from Virginia Department of Wildlife Resources (VDWR) and has six years of wildlife rescue, transport, and rehabilitation experience. Additionally, she has a current certification from the International Wildlife Rehabilitation Council. • The VDWR Category IV license permits the applicant to provide direct care for wildlife under direct supervision by Category I, II, or III permittees at the permittees’ particular facility. With approval of a Conditional Use Permit, the applicant will apply for a Category I Wildlife Rehabilitation permit from VDWR. This license is for “apprentice” rehabbers and will permit the applicant to care for wildlife on her own. Per restrictions from VDWR, Category I rehabbers must be sponsored by an active Category II or Category III permittee and must meet VDWR’s training requirements. Their facility is also subject to inspection by VDWR. Michele Cleland Agenda Item 6 PacketPage Pg. 2 110  2.a • As the applicant intends to rehabilitate migrant birds, she will also need to obtain a U.S. Fish & Wildlife Service (Federal) Wildlife Rehabilitator Permit. This permit restricts the amount of time that migratory birds may be held to no more than 180 days; all birds must be released once recuperated. The permit is only valid so long as the holder is also in compliance with state regulations. • The applicant has a certified, sponsoring veterinarian that will be on-call to provide care to animals as needed. This is a requirement of VDWR licensing and the U.S. Fish & Wildlife Service permit for migratory birds. 2 Zoning History # Request Attachment: 2024.05.08_PLN-06_Michele Cleland (3881 : Michele Cleland) 1 MDC (Religious Use) Approved 05/04/2021 CUP (Religious Use) Approved 11/08/2017 2 CRZ (AG-2 to Conditional O-1) Approved 12/09/2008 1 1 2 3 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation In Staff’s opinion, this request for a Conditional Use Permit for a Wildlife Rehabilitation Center is acceptable. The use is compatible with the existing agricultural character of this corridor of London Bridge Road and will produce minimal noise that might affect the adjoining residential neighborhood. Recommendations in the Comprehensive Plan recommend that non-residential uses in the Suburban Area be complementary to residential uses. In this area, London Bridge Road is characterized by a mix of persistent agricultural uses and recent residential subdivisions. While distinct from bona fide agricultural operations, the rehabilitation facility for avians is very similar to small-scale keeping of poultry and other fowl. It is Staff’s opinion that this use, as presented, is compatible with the existing agricultural uses and is consistent with the overall pattern of agricultural parcels abutting residential neighborhoods. Additionally, the applicant does not intend to construct large buildings or remove the existing mature vegetation on the site. The applicant is well-qualified to operate this type of rehabilitation and will be filling a gap in the local wildlife rehabilitation network. While there are a few rehabbers actively working with birds, they either specialize with the youngest avians or in the final stages for release. The applicant’s facility will provide rehabilitation for avians that effectively age out of being able to be held indoors and to provide them with an environment that will help them acclimate to life in the wild. Minimal traffic is anticipated to be generated by the site. The applicant will be operating this facility by herself with the occasional assistance of other volunteers. As there is an existing no ingress/egress easement along the property’s frontage, Staff recommends Condition 14 to ensure that the existing driveway and a second apron on the property be gated and locked to ensure the shared access point is used. The applicant has reached out to residents of the Pine Ridge neighborhood and has received a letter of support from the Pine Ridge Civic Association, as well as 26 signatures of Michele Cleland Agenda Item 6 PacketPage Pg. 3 111  2.a support from residents on Windy Pines Bend, the street to the south of the applicant’s property. Additional letters of support have also been provided to Staff as discussed below. Staff recommends approval of this application subject to the conditions and exhibits below. Recommended Conditions 1. This Conditional Use Permit only permits rehabilitation of avians. A modification of conditions shall be required to permit rehabilitation of small mammals or other animal species. 2. The applicant shall comply with all the provisions of Section 242.4 of the City Zoning Ordinance (CZO) pertaining to a Wildlife Rehabilitation Facility. 3. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department of Attachment: 2024.05.08_PLN-06_Michele Cleland (3881 : Michele Cleland) Wildlife Resources and U.S. Fish and Wildlife Service. 4. The application shall comply with all rabies immunization protocols as established for wildlife rehabilitation by the Virginia Department of Wildlife Resources as required. 5. The applicant shall post and maintain a sign with contact information in case of emergencies for the operator. 6. The applicant shall maintain a sponsorship from a veterinarian that can provide veterinary services for diseased or injured animals. 7. The portion of the property in which aviaries or other wildlife containment are located shall be enclosed with a fence at least 48 inches tall. 8. The site shall be gated or otherwise secured when the operator or other volunteers are not present on site. 9. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 10. No animals shall be released at the subject site or within the neighborhood. 11. Animal waste shall be removed daily and disposed of in a lawful manner. 12. All animals shall be properly and humanely contained within the pre-release structure(s). Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 13. Subdivision of any of the property that has been identified as within the Conditional Use Permit (CUP), shall require a modification of the CUP to remove such property from the purview of the CUP. 14. The existing driveway access from London Bridge Road on the eastern side of the property shall only be used by emergency vehicles and shall otherwise be blocked for use by vehicles (e.g., gated) in accordance with standards and requirements of the Fire Mashal Office. Non-emergency vehicular ingress and egress shall only be from the shared entrance on London Bridge Road where there is an existing access easement. 15. Structures on the property, including animal enclosures and excluding fencing, shall have a minimum front yard setback of 50 feet. Michele Cleland Agenda Item 6 PacketPage Pg. 4 112  2.a Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as part of the Suburban Area, which has as its guiding principle Attachment: 2024.05.08_PLN-06_Michele Cleland (3881 : Michele Cleland) the creation and maintenance of “Great Neighborhoods,” areas that have a mix of residential and complementary non- residential uses. This corridor of London Bridge Road retains agricultural uses, such as Hunt Club Farm, that abut more recent residential subdivisions. The Wildlife Rehabilitation Center, as proposed, will retain the existing mature vegetation, thus maintaining the character of the existing landscape. The use is also similar to other agricultural uses in the corridor and is compatible with the adjacent neighborhood. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. A preliminary stormwater analysis was not provided as the applicant is not proposing any land disturbance associated with this request. No cultural resources are known to be associated with this property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 0 ADT London Bridge Road 18,000 ADT1 32,700 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 10 ADT 1 Average Daily Trips 2 as defined by a vacant lot 3 4 as defined by a 3-acre parcel LOS = Level of Service zoned AG-2 Agriculture Master Transportation Plan (MTP) and Capital Improvement Program (CIP) London Bridge Road is a four-lane divided minor suburban arterial road. There are currently no CIPs for this section of London Bridge Road. The MTP indicates a future right-of-way width of 100-feet containing a divided with a bike path. Public Utility Impacts Water There is a 10-inch City water main available for connection from London Bridge Road. The property must connect to City water if water service is needed. Sewer Michele Cleland Agenda Item 6 PacketPage Pg. 5 113  2.a City sanitary sewer is not available to this property. Health Department approval is required for septic systems. Public Outreach Information Planning Commission • The applicant met with the Pine Ridge Civic League President on March 25, 2024 to discuss the details of the request. The President provided Staff a letter of support from the civic league, as well as a petition of support with 26 signatures from residents on Windy Pines Bend. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. Attachment: 2024.05.08_PLN-06_Michele Cleland (3881 : Michele Cleland) • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on May 2, 2024. Michele Cleland Agenda Item 6 PacketPage Pg. 6 114  2.a Proposed Site Layout Attachment: 2024.05.08_PLN-06_Michele Cleland (3881 : Michele Cleland) Location of Future Aviaries Aviaries Michele Cleland Agenda Item 6 PacketPage Pg. 7 115  Site Photos Michele Cleland Agenda Item 6 2.a PacketPage 116 Pg. 8 Attachment: 2024.05.08_PLN-06_Michele Cleland (3881 : Michele Cleland)  Site Photos Michele Cleland Agenda Item 6 2.a PacketPage 117 Pg. 9 Attachment: 2024.05.08_PLN-06_Michele Cleland (3881 : Michele Cleland)  Disclosure Statement Michele Cleland Agenda Item 6 2.a Packet Page 118 Pg.10 Attachment: 2024.05.08_PLN-06_Michele Cleland (3881 : Michele Cleland)  Disclosure Statement Michele Cleland Agenda Item 6 2.a Packet Page Pg.1119 Attachment: 2024.05.08_PLN-06_Michele Cleland (3881 : Michele Cleland)  Disclosure Statement Michele Cleland Agenda Item 6 2.a Packet Page 120 Pg.12 Attachment: 2024.05.08_PLN-06_Michele Cleland (3881 : Michele Cleland)  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 Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Attachment: 2024.05.08_PLN-06_Michele Cleland (3881 : Michele Cleland) Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Michele Cleland Agenda Item 6 Page Packet Pg.13 121  MILESTONE MANOR, 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. 122  2.a Applicant Milestone Manor, LLC Agenda Item 7 Property Owner Calvary Assembly of God Planning Commission Public Hearing May 8, 2024 City Council District 1 Request Conditional Use Permit (Day-care Center in Religious Use) Staff Recommendation Attachment: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, LLC) Approval Staff Planner Rachael Miller Location 4925 Providence Road GPIN 1466928004 Site Size 8.24 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Religious Use / R-10 Residential Surrounding Land Uses and Zoning Districts North Providence Road Single-family dwellings, public school / R-10 Residential South Single-family dwellings, soccer fields / R-10 Residential East Single-family dwelling / R-10 Residential West Single-family dwellings / R-10 Residential Milestone Manor, LLC Agenda Item #7 PacketPage Pg. 1 123  2.a Background & Summary of Proposal • The applicant is seeking a Conditional Use Permit to operate a day-care center within an existing 12,000 square foot church located on this 8.24-acre R-10 Residentially zoned parcel. The application was filed in response to a Notice of Violation issued on January 29, 2024, for operating what was initially considered to be a private school in a Residential District. • Upon further discussion with the applicant, it was determined by the Zoning Administrator the operation constituted a day-care within an existing religious use rather than a private school since the curriculum was not similar to that of a public school, nor is the applicant responsible for the education of the children. • In 1972, a Conditional Use Permit for a church was approved for the subject site. In 1983 and 1985, two additional Attachment: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, LLC) Conditional Use Permits were approved for the operation of private school and preschool, respectively. As a condition of approval, the owner/applicant was required to file an extension for both the private school and preschool use permits every two years, or the permits would no longer be valid. Since an extension request has not been made since 1987, both permits are void. Another Conditional Use Permit approved in 2000, permitted the addition of a two-story “family life center” on site, which contains classrooms, offices, and a gymnasium. In 2011, a Conditional Use Permit was approved for the subject site to operate youth soccer summer camps and provide practice space for youth soccer clubs. • Care is currently provided to approximately 35 children ranging from the age of 5 to 12. The applicant is expecting the daycare to reach 40 children in the next enrollment cycle. There are five employees on staff. • Enrolled children attend “elective” classes and are offered tutoring services. Coursework is similar to homeschooling curriculum, and all parents must file a Notice of Intent for homeschooling with Virginia Department of Education prior to enrollment. Children are separated by age groups and switch activities every forty-five minutes. The existing kitchen on site is used for meal prep and students eat meals and snacks in a multipurpose room on-site. Recess time is held inside the gymnasium and outside within the unfenced soccer fields with adult supervision. • Operating hours are from 8:00 a.m. to 4:30 p.m. Monday through Friday with before and after-school care from 8:00 a.m. to 9:00 a.m. and 3:00 p.m. to 4:30 p.m., respectively. 9:00 a.m. to 3:00 p.m. are standard hours of operation for the day-care services. • The property owner, Calvary Assembly of God, hosts a service on Wednesday nights and two services on Sunday, outside of the operating hours for Milestone Manor. Milestone Manor, LLC Agenda Item #7 PacketPage Pg. 2 124  2.a Zoning History # Request 1 CUP (Outdoor Recreational Facility) Approved 07/05/2011 CUP (Church Addition) Approved 09/26/2000 CUP (Preschool) Approved 05/13/1985 2 1 CUP (Private School) Approved 06/13/1983 CUP (Church) Approved 05/08/1972 3 2 CUP (Daycare in Religious Use) Approved 01/09/1996 CUP (Church – Self Standing) Approved 07/07/1992 CUP (Private School) Approved 11/14/1988 CUP (Synagogue) Approved 09/10/1984 4 CUP (Synagogue) Approved 09/06/1983 Attachment: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, LLC) 3 CUP (Church Addition) Approved 03/28/2000 CUP (Private School) Approved 06/25/1990 CUP (Church) Approved 01/09/1981 4 SVR Approved 10/19/1987 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation In Staff’s opinion, this request for a Conditional Use Permit to operate a day-care in a religious use is acceptable. This property falls within the Suburban Area, as defined in the Comprehensive Plan, which recommends that non-residential developments within the Suburban Area are complementary to existing residential areas. Staff finds the property to be capable of adhering to the guiding principles and is able to successfully promote the Comprehensive Plan’s policies for creating and maintaining the “Great Neighborhoods” principle. It is anticipated that minimal traffic will be generated by the addition of a day-care with a capacity of 40 children to this site. The anticipated drop off and pick up times are 8:45 a.m. and 3:00 p.m. However, parents have the option to drop off or pick up students as early as 8:00 a.m. or as late as 4:30 p.m. if they sign up for additional before or after care. The staggered pick up and drop off times will help reduce any traffic congestion generated from this site, and as confirmed by the City’s Traffic Engineering staff, is already minimal. Based on these considerations, Staff recommends approval of these applications, subject to the conditions listed below. Recommended Conditions 1. There shall be no more than 40 children enrolled in the facility at any one time; however, the ultimate occupant load for the Day-care Center shall be established by the City of Virginia Beach Fire Marshal’s Office, but at no point shall the total number exceed 40 children. 2. The applicant shall obtain all the necessary permits, inspections, and approvals from the Department of Social Services, the Fire Department, and the Permits and Inspections Division of the Department of Planning & Community Development before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Department of Planning & Community Development. 3. In order to comply with Section 240.1 of the Zoning Ordinance for signage for Religious Uses in residential districts, no more than two freestanding signs, one at each entrance, shall be permitted on the property. Milestone Manor, LLC Agenda Item #7 PacketPage Pg. 3 125  2.a 4. Subdivision of any of the property that has been identified as within the Conditional Use Permit (CUP), shall require a modification of the CUP to remove such property from the purview of the CUP. 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: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, LLC) Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the “Suburban Area”. The established guiding principles of the Suburban Area are enabled to protect the stability of the Suburban Area while providing guidance for creating vibrant and distinctive places. The primary guiding principle, to create and maintain “Great Neighborhoods”, looks for non-residential uses to be complementary to the existing neighborhood. The proposed mixed-use nature of this site is acceptable as it maintains neighborhood stability and provides residents with a diversity of options for child day-care. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. There does not appear to be any significant natural or cultural features associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – No Data Available Providence Road 12,950 ADT1 12,500 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – 163 ADT 1 Average Daily Trips 2 as defined by a church 3 4 as defined by a church with a 40- LOS = Level of Service child daycare center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Providence Road, in the vicinity of this application, is considered a two-lane undivided urban minor arterial road. The MTP lists this segment of Providence Road as an ultimate four-lane facility within a 110’-foot right-of-way. No roadway CIP projects are slated for Providence Road. Public Utility Impacts Water & Sewer The site connects to City water and sanitary sewer. Milestone Manor, LLC Agenda Item #7 PacketPage Pg. 4 126  2.a Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2024. Attachment: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, LLC) • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on May 2, 2024. Milestone Manor, LLC Agenda Item #7 PacketPage Pg. 5 127  Site Layout Milestone Manor, LLC Agenda Item #7 2.a PacketPage 128 Pg. 6 Attachment: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, LLC)  Proposed Use Plan Milestone Manor, LLC Agenda Item #7 2.a PacketPage 129 Pg. 7 Attachment: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, LLC)  Site Photos Milestone Manor, LLC Agenda Item #7 2.a PacketPage 130 Pg. 8 Attachment: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, LLC)  Site Photos Milestone Manor, LLC Agenda Item #7 2.a PacketPage 131 Pg. 9 Attachment: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, LLC)  Site Photos - Interior Milestone Manor, LLC Agenda Item #7 2.a Packet Page 132 Pg.10 Attachment: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, LLC)  Disclosure Statement Milestone Manor, LLC Agenda Item #7 2.a Packet Page Pg.1133 Attachment: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, LLC)  Disclosure Statement Milestone Manor, LLC Agenda Item #7 2.a Packet Page 134 Pg.12 Attachment: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, LLC)  Disclosure Statement Milestone Manor, LLC Agenda Item #7 2.a Packet Page 135 Pg.13 Attachment: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, LLC)  Disclosure Statement Milestone Manor, LLC Agenda Item #7 2.a Packet Page 136 Pg.14 Attachment: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, LLC)  Disclosure Statement Milestone Manor, LLC Agenda Item #7 2.a Packet Page 137 Pg.15 Attachment: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, LLC)  Disclosure Statement Milestone Manor, LLC Agenda Item #7 2.a Packet Page 138 Pg.16 Attachment: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, 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: 2024.05.08_PLN-07_Milestone Manor, LLC (3882 : Milestone Manor, 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. Milestone Manor, LLC Agenda Item #7 Page Packet Pg.17 139  SUSANNE M COLLIGON 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. 140  2.a Applicant and Property Owner: Susanne M. Colligon (Fessick) Agenda Item 9 Planning Commission Public Hearing May 8, 2024 City Council District 6 Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Attachment: 2024.05.08_PLN-09_Susanne M. Colligon (3884 : Susanne M Colligon) Staff Planner Garek Hall Hannigan Location 304 28th Street, Unit 208 GPIN 24280028662008 Site Size 53,138 square feet (974 square feet unit) Existing Land Use and Zoning District Condominiums / OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 28th Street Hotel / OR Oceanfront Resort South 27th Half Street Single-family dwellings, multi-family dwellings/ A-12 Apartment and A-36 Apartment East Restaurant / OR Oceanfront Resort West Arctic Avenue Grocery Store and Single-family Dwellings / OR Oceanfront Resort / R-5S Residential Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 1141  2.a Background & Summary of Proposal Site Conditions and History • This 53,138 square foot parcel contains the Playa Rana Condominiums and is zoned OR Oceanfront Resort District. According to City records, this multi-family condominium was constructed in 2008. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • When researching the property for the current request, staff discovered a past zoning complaint from June 26, 2023, for operation of a Short Term Rental without a Conditional Use Permit; however the property owner has removed the advertising for the unit, ceased the short term rental of the property, and has worked with Staff to Attachment: 2024.05.08_PLN-09_Susanne M. Colligon (3884 : Susanne M Colligon) come into compliance with the City Zoning Ordinance. • Since this property was not registered with the Commissioner of Revenue nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of April 12, 2024, is shown in the chart below: REGISTERED WITH THE CURRENTLY ADVERTISED LAST KNOWN RENTAL COMMISSIONER OF THE REVENUE No September 2023 No Short Term Rentals in the Vicinity Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 2142  2.a Summary of Proposal The applicant is requesting a Conditional Use Permit 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 (historical exemption made): 1 • Number of off-street parking spaces provided: 1 Attachment: 2024.05.08_PLN-09_Susanne M. Colligon (3884 : Susanne M Colligon) Zoning History # Request 1 CUP (Short Term Rental) Approved 03/19/2024 CUP (Short Term Rental) Approved 07/06/2021 CUP (Short Term Rental) Approved 06/01/2021 1 CUP (Short Term Rental) Approved 06/01/2021 CUP (Short Term Rental) Approved 04/07/2021 CUP (Short Term Rental) Approved 10/20/2020 CUP (Short Term Rental) Approved 10/20/2020 CUP (Short Term Rental) Approved 09/08/2020 CUP (Short Term Rental) Approved 09/08/2020 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a two-bedroom, 974 square-foot Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of nine approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space associated with this unit in the condominium’s parking lot. According to the City of Virginia Beach Zoning Ordinance, Appendix A, Article 23, Section 2303, (b), a., ii., “There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design.” Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 3143  2.a space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. While the unit was previously illegally advertised and utilized as a Short Term Rental unit, the property owner has since complied with the applicable ordinances and has worked with Staff to obtain the required Conditional Use Permit and Short Term Rental permit. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions Attachment: 2024.05.08_PLN-09_Susanne M. Colligon (3884 : Susanne M Colligon) 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th St, Unit 208, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller’s responsibility to notify the new property owner of requirements ‘a’ through ‘c’ below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue’s Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 4144  2.a 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. Attachment: 2024.05.08_PLN-09_Susanne M. Colligon (3884 : Susanne M Colligon) 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 5145  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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 8, 2024. Attachment: 2024.05.08_PLN-09_Susanne M. Colligon (3884 : Susanne M Colligon) • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on May 2, 2024. Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 6146  2.a Site Layout & Parking Plan Attachment: 2024.05.08_PLN-09_Susanne M. Colligon (3884 : Susanne M Colligon) Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 7147  Site Photo Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 8148 2.a Attachment: 2024.05.08_PLN-09_Susanne M. Colligon (3884 : Susanne M Colligon)  2.a Disclosure Statement Attachment: 2024.05.08_PLN-09_Susanne M. Colligon (3884 : Susanne M Colligon) Susanne M. Colligon (Fessick) Agenda Item 9 PacketPage Pg. 9149  2.a Disclosure Statement Attachment: 2024.05.08_PLN-09_Susanne M. Colligon (3884 : Susanne M Colligon) Susanne M. Colligon (Fessick) Agenda Item 9 Page Packet Pg.10150  2.a Disclosure Statement Attachment: 2024.05.08_PLN-09_Susanne M. Colligon (3884 : Susanne M Colligon) Susanne M. Colligon (Fessick) Agenda Item 9 Page Packet Pg.1151  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: 2024.05.08_PLN-09_Susanne M. Colligon (3884 : Susanne M Colligon) • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Susanne M. Colligon (Fessick) Agenda Item 9 Page Packet Pg.12152  SAMANTHA CARROW 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. 153  2.a Applicant & Property Owner: Samantha Carrow Agenda Agenda Items Item 10 9 Planning Commission Public Hearing: May 8, 2024 City Council District 5 Requests Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Attachment: 2024.05.08_PLN-10_Samantha Carrow (3885 : Samantha Carrow) Staff Planner Garek Hall Hannigan Location 905 Pacific Avenue, Unit C GPIN 24272444110990 Site Size 34,984 square feet Existing Land Use and Zoning District Multi-family dwelling / OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Multi-family dwellings, commercial parking lot / OR Oceanfront Resort South 9th Street Municipal Parking Garage / OR Oceanfront Resort East Atlantic Avenue Retail Shops / OR Oceanfront Resort West Pacific Avenue Commercial parking lot / OR Oceanfront Resort Samantha Carrow Agenda Item 10 PacketPage Pg. 1 154  2.a Background & Summary of Proposal Site Conditions and History • This 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned OR Oceanfront Resort District. According to City records, this multi-family condominium was constructed in 1969. • On-street parking is not permitted on this portion of Pacific Avenue. • Since this unit was not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the unit would not be considered as grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. Attachment: 2024.05.08_PLN-10_Samantha Carrow (3885 : Samantha Carrow) • Known Short Term Rental activity as of April 10, 2024, is shown in the chart below: REGISTERED WITH THE CURRENTLY ADVERTISED LAST KNOWN RENTAL COMMISSIONER OF THE REVENUE No N/A N/A Short Term Rentals in the Vicinity Samantha Carrow Agenda Item 10 PacketPage Pg. 2 155  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 the Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (historical exemption made): 1 • Number of off-street parking spaces provided: 1 Attachment: 2024.05.08_PLN-10_Samantha Carrow (3885 : Samantha Carrow) Zoning History # Request 1 CUP (Short Term Rental) Approved 03/19/2024 CUP (Short Term Rental) Approved 11/14/2023 CUP (Short Term Rental) Approved 08/15/2023 CUP (Short Term Rental) Approved 07/11/2023 CUP (Short Term Rental) Approved 05/16/2023 CUP (Short Term Rental) Approved 05/16/2023 2 CUP (Short Term Rental) Approved 06/12/2022 CUP (Short Term Rental) Approved 04/05/2022 CUP (Short Term Rental) Approved 11/09/2021 1 CUP (Short Term Rental) Approved 03/02/2021 CUP (Short Term Rental) Approved 10/20/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 08/25/2020 CUP (Short Term Rental) Approved 06/09/2020 CUP (Short Term Rental) Approved 04/06/2020 CUP (Short Term Rental) Approved 02/04/2020 2 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a two-bedroom Short Term Rental unit within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 16 approved Conditional Use Permits for the operation of Short Term Rentals. Samantha Carrow Agenda Item 10 PacketPage Pg. 3 156  2.a There is one assigned parking space associated with this unit in the condominium’s parking lot. According to the City of Virginia Beach Zoning Ordinance, Appendix A, Article 23, Section 2303, (b), a., ii., “There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design.” The Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Attachment: 2024.05.08_PLN-10_Samantha Carrow (3885 : Samantha Carrow) Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore, the use of these units as a Short Term Rental is consistent with this purpose. These units would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 905 Pacific Avenue Unit C and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. Samantha Carrow Agenda Item 10 PacketPage Pg. 4 157  2.a 8. If, or when, the ownership of the property changes, it is the seller’s responsibility to notify the new property owner of requirements ‘a’ through ‘c’ below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue’s Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Attachment: 2024.05.08_PLN-10_Samantha Carrow (3885 : Samantha Carrow) 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rentals shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in 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. Samantha Carrow Agenda Item 10 PacketPage Pg. 5 158  2.a Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance Attachment: 2024.05.08_PLN-10_Samantha Carrow (3885 : Samantha Carrow) of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on May 2, 2024. Samantha Carrow Agenda Item 10 PacketPage Pg. 6 159  2.a Site Layout & Parking Plan Attachment: 2024.05.08_PLN-10_Samantha Carrow (3885 : Samantha Carrow) Samantha Carrow Agenda Item 10 PacketPage Pg. 7 160  Site Photo Samantha Carrow Agenda Item 10 2.a PacketPage 161 Pg. 8 Attachment: 2024.05.08_PLN-10_Samantha Carrow (3885 : Samantha Carrow)  2.a Disclosure Statement Attachment: 2024.05.08_PLN-10_Samantha Carrow (3885 : Samantha Carrow) Samantha Carrow Agenda Item 10 PacketPage Pg. 9 162  2.a Disclosure Statement Attachment: 2024.05.08_PLN-10_Samantha Carrow (3885 : Samantha Carrow) Samantha Carrow Agenda Item 10 Page Packet Pg.10 163  Disclosure Statement Samantha Carrow Agenda Item 10 2.a Packet Page Pg.1164 Attachment: 2024.05.08_PLN-10_Samantha Carrow (3885 : Samantha Carrow)  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: 2024.05.08_PLN-10_Samantha Carrow (3885 : Samantha Carrow) • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Samantha Carrow Agenda Item 10 Page Packet Pg.12 165