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PENDING PLANNING ITEMS 3.26.24PLANNING ITEMS APRIL 2ND & 16TH CITY COUNCIL MEETINGS 2 1.Lynnhaven Mall, LLC – District 3 •Conditional Use Permit (Outdoor Recreational Facility) •Recommended for Approval by Planning Commission & Staff SUMMARY – April 2nd 1 Planning Item Scheduled for City Council’s Consideration LYNNHAVEN MALL, LLC City Council: District 3 Location: 701 Lynnhaven Parkway ITEM 1 3 CONDITIONAL USE PERMIT (Outdoor Recreational Facility) Staff recommends Approval Planning Commission voted 10 to 0 to recommend Approval LYNNHAVEN MALL, LLC | 4 •A Conditional Use Permit request for an Outdoor Recreational Facility to operate a 40,000 square foot inflatable park, known as FunBox •Hours of Operation: 10:00 am to 7:00 pm, seven days a week •Operation will be seasonal between the months of March to September LYNNHAVEN MALL, LLC | 5 •Park consists of 4 inflatables with a concession stand serving limited items •Park enclosed with a temporary 6-foot-tall chain link fence covered with black mesh •Parking met on site •Planning Commission amended Condition 2 to allow amplified speakers & music •No known opposition 6 1.City of Virginia Beach •An Ordinance to amend Section 111 of the City Zoning Ordinance pertaining to the definition of terms •Recommended for Approval by Planning Commission & Staff 2.Virginia Beach AVA RE, LC – District 3 •Street Closure •Recommended for Approval by Planning Commission & Staff 3 & 4. Virginia Electric & Power Company dba Dominion Energy Virginia – District 5 •Conditional Rezoning (Conditional B-2 Community Business District to Conditional I-1 Industrial District) & Conditional Use Permit (Bulk Storage Yard) •Recommended for Approval by Planning Commission & Staff 5-9 . Wycliffe Presbyterian Church & BHC, LLC – District 8 •Modification of Conditions, Conditional Rezonings (R-10 Residential to Conditional O-1 Office & R-10 Residential to Conditional R-10), Subdivision Variances (Section 4.4(b) of the Subdivision Regulations for Parcel A) (Section 4.4(b) of the Subdivision Regulations for Lot 5) •Recommended for Approval by Staff & Denial by Planning Commission SUMMARY – April 16th 13 Planning Items Scheduled for City Council’s Consideration 7 10. Carl R. Ellis, Jr – District 8 •Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) •Recommended for Approval by Planning Commission & Staff 11. Born Primitive, LLC – District 6 •Modification of Proffers •Recommended for Approval by Planning Commission & Staff 12. Terry Moore Miffleton – District 5 •Conditional Use Permit (Short Term Rental) •Recommended for Approval by Planning Commission & Staff 13. COA Appeal for Building 3 – District 2 •Appeal to Certificate of Appropriateness Recommended for Denial by Historical Review Board & Staff SUMMARY – April 16th 13 Planning Items Scheduled for City Council’s Consideration CITY OF VIRGINIA BEACH ITEM 1 8 An Ordinance to amend Section 111 of the City Zoning Ordinance pertaining to the definition of terms. TEXT AMENDMENT Staff recommends Approval Planning Commission voted 10 to 0 to recommend Approval CITY OF VIRGINIA BEACH | 9 •The proposed amendment is a housekeeping item to provide clarity and consistency within the Zoning Ordinance. •The following amendments to Section 111 - Definitions are proposed: 1.Amend the definition of “Home Sharing” 2.Amend the definition of “Dwelling Unit” 3.Amend the definition of “Kitchen” 4.Add a definition of “Porch.” CITY OF VIRGINIA BEACH | 10 1.Amend the definition of “Home Sharing” to replace the term “dwelling” with “dwelling unit,” a term that is defined and specific to the intention of the Ordinance 2.Amend the definition of “Dwelling Unit” to replace the term “housekeeping unit” with “residence,” which is consistent with the intention of the Ordinance 3.Amend the definition of “Kitchen” to replace the term “housekeeping unit” with “dwelling unit” and to specify that a kitchen must have permanent provisions for cooking CITY OF VIRGINIA BEACH | 11 4.Add the definition of “Porch,” currently only defined in the Form Based Code, to Section 111 of the Ordinance STREET CLOSURE VIRGINIA BEACH AVA RE, LLC City Council: District 3 Location: Portion of the right-of-way east of 2375 Virginia Beach Blvd ITEM 2 12 Staff recommends Approval Planning Commission voted 10 to 0 to recommend Approval VIRGINIA BEACH AVA RE, LLC | 13 •Applicant proposes to close the remaining 813 sf of a 30-foot wide unnamed and unimproved right-of-way between Virginia Beach Blvd and Interstate 264 (shown in blue) •On February 20, 2024, City Council approved the closure of the majority of the unimproved right-of-way (shown in orange) •This portion of the request was referred back to Planning Commission for reconsideration due to an error in advertisementCLOSED •Applicant proposes to incorporate the closed portion into the existing automobile dealership parking lot to the west •No concerns raised during the Viewers Meeting •No known opposition VIRGINIA BEACH AVA RE, LLC | 14 CONDITIONAL REZONING (Conditional B-2 Community Business District to Conditional I-1 Industrial District) CONDITIONAL USE PERMIT (Bulk Storage Yard) VIRGINIA ELECTRIC & POWER COMPANY DBA DOMINION ENERGY VIRGINIA City Council: District 5 Location: 2585 Dam Neck Road ITEMS 3 & 4 15 Staff recommends Approval Planning Commission voted 10 to 0 to recommend Approval VIRGINIA ELECTRIC & POWER COMPANY DBA DOMINION ENERGY VIRGINIA | 16 •Rezoning request of 13.8 acres from Conditional B-2 to Conditional I-1 to construct an office/warehouse building •A Conditional Use Permit request for a Bulk Storage Yard to store equipment used to support transmission Dominion Energy operations in the area •Temporary access from Dam Neck Road until the future public roadway to the west, known as Twin Mills Road, is constructed VIRGINIA ELECTRIC & POWER COMPANY DBA DOMINION ENERGY VIRGINIA | 17 •Applicant intends to meet the screening requirements through the retention of existing vegetation •The proposed office and bulk storage yard are compatible uses within the >75 dB DNL noise zone of AICUZ •No known opposition MODIFICATION OF CONDITIONS & CONDITIONAL REZONINGS (R-10 Residential to Conditional O-1 Office & R-10 Residential to Conditional R-10 Residential) & SUBDIVISION VARIANCES (Section 4.4 (b) of the Subdivision Regulations) WYCLIFFE PRESBYTERIAN CHURCH & BHC, LLC City Council: District 8 Location: 1445 North Great Neck Road & 2307 Millwood Road ITEMS 5-9 18 Staff recommends Approval Planning Commission voted 5 to 5 to recommend Denial WYCLIFFE PRESBYTERIAN CHURCH & BHC, LLC | 19 •Church seeks to remove a 3.88- acre parcel from the CUP for Religious Use, currently zoned R-10 •2.43-acres proposed to be rezoned to Conditional O-1 Office •1.45-acre portion to be rezoned to Conditional R-10 •Shared private road proposed from Millwood Road Parcel A (2.43- acre) Parcel R (1.45- acre) (Wycliffe Presbyterian Church Property)N. Great Neck Road WYCLIFFE PRESBYTERIAN CHURCH & BHC, LLC | 20 •Existing 3,522 sf building to be retained, proffers allow for a maximum 500 sf addition •Existing to pond to remain •Landscape buffer provided adjacent to existing and proposed residential •Lot width variance required due to existing 30-foot Dominion easement •Proffered uses include: •Medical/dental offices/clinics •Professional offices •Nonprofits •Religious uses Parcel A (2.43- acre) Parcel R (1.45- acre) (Wycliffe Presbyterian Church Property)N. Great Neck Road WYCLIFFE PRESBYTERIAN CHURCH & BHC, LLC | 21 •Proposed 5-lot single-family subdivision •10-foot landscape buffer and 6- foot privacy fence proposed along Millwood and N Great Neck •Private road meets Fire Dept standards for access •Parcels to be served by Public water/sewer from N Great Neck •Private trash collection •Flag lot proposed for Lot 5 to allow utility connections Parcel A (2.43- acre) Parcel R (1.45- acre) (Wycliffe Presbyterian Church Property)N. Great Neck Road WYCLIFFE PRESBYTERIAN CHURCH & BHC, LLC | 22 •Subdivision Ordinance typically requires 8% open space for proposed residential subdivisions with lot sizes ranging from 10,000 sf to 14,999 sf •As proposed, the R-10 portion would require 5,056 sf of open space to serve the 5 proposed lots •Applicant is requesting a cash in-lieu payment as allowed by Section 4.5(b) of the Subdivision Regulations since the required open space is less than ½ acre WYCLIFFE PRESBYTERIAN CHURCH & BHC, LLC | 23 •5-foot-tall freestanding monument style sign proposed for Conditional O-1 Parcel only •2 letters of concern & 19 letters of opposition received stating concerns related to lack of open space, flooding, stormwater, and use of existing building for office uses •1 speaker in support & 10 speakers in opposition at the Planning Commission hearing SUBDIVISION VARIANCE (Section 4.4(b) of the Subdivision Regulations) CARL R. ELLIS, JR City Council: District 8 Location: 2620 Broad Bay Road ITEM 10 24 Staff recommends Approval Planning Commission voted 8 to 2 to recommend Approval CARL R. ELLIS, JR. | 25 •Request for a Subdivision Variance to Section 4.4 (b) of Subdivision Regulations for Lot Width •Lot created by plat in March 1952, prior to adoption of Subdivision & Zoning Ordinance •Seeks to subdivide lot into 2 parcels both deficient in lot width by less than 2 feet •Lot 8A – deficient by 0.97 feet •Lot 8B – deficient by 1.49 feet •Per Section 4.1 (m) of Subdivision Regulations a 50-foot right-of-way width is required, Broad Bay Road right-of-way is 40-feet •5-foot right-of-way reservation proposed along Broad Bay Road prior to development of lots LOT 8A LOT 8B CARL R. ELLIS, JR. | 26 •Proposed building elevations provide high quality materials that enhance existing neighborhood •Variation of housing styles and sizes throughout the surrounding area •7 letters of support and 30 letters of opposition received stating concerns related to changing the look and feel of the neighborhood, lower cost for lots, and no privacy for surrounding neighbors •3 speakers in opposition at the Planning Commission hearing LOT 8A LOT 8B MODIFICATION OF PROFFERS BORN PRIMITIVE, LLC City Council: District 6 Location: Southeastern corner of the Intersection of Virginia Beach Boulevard & North Oceana Boulevard ITEM 11 27 Staff recommends Approval Planning Commission voted 10 to 0 to recommend Approval BORN PRIMITIVE, LLC | 28 •Requesting to amend proffers 2 & 3 of 2023 Proffer Agreement to increase building height from 26 feet to 35 feet •34,313 sf warehouse with 7,004 sf ancillary office space •25-foot wide Category II landscape buffer proposed (privacy fence + landscaping)— enhanced with mixture of large shrubs, understory trees, and canopy trees growing between 12 to 35 feet at maturity BORN PRIMITIVE, LLC | 29 •Proposed Elevations revised to add additional and larger windows to break up the mass of the exterior façade •Hours of operation: 9:00 a.m. to 6:00 p.m. daily •No known opposition CONDITIONAL USE PERMIT (Short Term Rental) TERRY MOORE MIFFLETON City Council: District 5 Location: 303 Atlantic Avenue, Unit 403 ITEM 12 30 Staff recommends Approval Planning Commission voted 10 to 0 to recommend Approval TERRY MOORE MIFFLETON | 31 •Two-bedroom unit in the Dolphin Run Condominiums, specifically for Unit 403 •No past or current zoning violations for this unit •1 parking space required (historical exemption granted) •No known opposition TERRY MOORE MIFFLETON | 32 STR Permits (60) Short Term Rentals APPEAL TO PARTIAL DENIAL FROM HISTORICAL REVIEW BOARD (Certificate of Appropriateness) Historical Review Board voted 6 to 0 with 1 abstention to recommend Denial APPEAL -PARTIAL DENIAL OF COA #23-11 City Council: District 2 Location: Building 3, 2403 Courthouse Road ITEM 13 33 •Appeal of partial denial from Historical Review Board (HRB) for the after-the-fact replacement of historic slate roof with new synthetic slate roof for COA #23-11 •Jan. 19, 2022: HRB approved COA #21-20 for renovations to Building 3 •Scope excluded alterations or repairs to roof •Nov. 29, 2023: Historic slate observed to have been removed from Building 3 •Dec. 4, 2023: Application for after-the-fact approval for slate removal and replacement with synthetic slate •Dec. 20, 2023: HRB approval of opening modifications and denial of the removal of historic slate and replacement with synthetic slate APPEAL: PARTIAL DENIAL OF COA #23-11 | 34 •HRB reasons for denial: •Building 3 is a contributing resource to National Register District •Slate roof is major character-defining feature of Building 3 and is very prominent •Synthetic slate is an inappropriate replacement for natural slate: •Does not meet Secretary of Interior’s Standards for Rehabilitation •Uniformity of appearance •How material ages •Shorter expected life span (30-50 years vs. 60-120 years of natural slate) •Proposed synthetic slate is different from product used on City Hall and Building 2 which has since been discontinued APPEAL: PARTIAL DENIAL OF COA #23-11 | 35 Building 3 North Elevation Taken 2022 Building 3 North Elevation Taken 2022 •Building 3 expected to have capacity to support the weight of a natural slate roof •Note: As cost is not included in criteria for approval of COAs per Sec. 1303(c)(1) of the Zoning Ordinance, it is not a factor considered by the Historical Review Board in their evaluation APPEAL: PARTIAL DENIAL OF COA #23-11 | 36