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Home My WebLink AboutII. A. PENDING PLANNING ITEMS 4.23.24PLANNING ITEMS MAY 21ST CITY COUNCIL MEETING 2 1.City of Virginia Beach •Ordinance Amendment •Recommended for Approval by Planning Commission & Staff 2.City of Virginia Beach •Ordinance Amendment •Recommended for Approval by Planning Commission & Staff 3 & 4. McDonald Nurseries of Virginia Beach, Inc – District 9 •Modification of Proffers & Conditional Use Permit (Bulk Storage Yard) •Recommended for Approval by Planning Commission & Staff 5.All Things Beauty – District 4 •Conditional Use Permit (Tattoo Parlor) •Recommended for Approval by Planning Commission & Staff 6.Phenomenal Kidz – District 7 •Conditional Use Permit (Family Day-Care Home) •Recommended for Approval by Planning Commission & Staff SUMMARY – May 21st 13 Planning Item Scheduled for City Council’s Consideration 3 7. Inti & Lugh Ventures, LLC d/b/a Reliable Detailers – District 10 •Conditional Use Permit (Car Wash Facility) •Recommended for Approval by Planning Commission & Staff 8. 617 Vanderbilt, LLC – District 5 •Street Closure •Recommended for Approval by Planning Commission & Staff 9.Shaneequa Creighton – District 4 •Conditional Use Permit (Family Day-Care Home) •Recommended for Approval by Planning Commission & Staff 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. Michael O’Connor – District 5 •Conditional Use Permit (Short Term Rental) •Recommended for Approval by Planning Commission & Staff 12 & 13. James Moore – District 5 •Conditional Use Permits (Short Term Rentals) •Recommended for Approval by Planning Commission & Staff SUMMARY – May 21st 13 Planning Item Scheduled for City Council’s Consideration An Ordinance to amend Section 111 of the City Zoning Ordinance and add Section 209.8 to the City Zoning Ordinance pertaining to permanent cosmetic tattooing. CITY OF VIRGINIA BEACH ITEM 1 TEXT AMENDMENT Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval 4 •Proposed amendment removes “permanent cosmetic tattooing” from the definition of a “tattoo parlor” and makes it an accessory use to a beauty salon or similar beauty-oriented establishment •A CUP no longer required for cosmetic tattooing •Since January 1, 2020, 24 CUPs for cosmetic tattooing within an existing beauty salon have been considered by City Council; all have been approved on the consent agenda CITY OF VIRGINIA BEACH | 5 Text Amendment proposes four changes to the Ordinance 1.Defines “Permanent cosmetic tattooing” in Section 111. Definitions •Cosmetic tattooing can be “permanent” or “semi-permanent” •Lists the procedures that are included in cosmetic tattooing CITY OF VIRGINIA BEACH | 6 2.Amends definition of “Personal service establishment” in Section 111. Definitions •Specifies permanent cosmetic tattooing as an accessory use to a full-service beauty salon CITY OF VIRGINIA BEACH | 7 3.Amends definition of “Tattoo parlor” in Section 111. Definitions •Specifies that tattooing uses needles or other instruments design to puncture the skin •Excludes permanent cosmetic tattooing from being included in the definition CITY OF VIRGINIA BEACH | 8 4.Adds Section 209.8. Permanent Cosmetic Tattooing •Specifies permanent cosmetic tattooing may take place in a full-service beauty salon •Requires the use to meet Chapter 23 of the City Code CITY OF VIRGINIA BEACH | 9 An Ordinance to amend Sections 201 & 206 of the City Zoning Ordinance pertaining to the placement of Stormwater Facilities. CITY OF VIRGINIA BEACH ITEM 2 TEXT AMENDMENT Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval Proposed amendment is to Sections 201(a) and 206 to allow stormwater facilities and associated components to encroach into a required yard Lynnhaven Colony Park Pump Station 1B CITY OF VIRGINIA BEACH | 11 1.Adds Section 201 (a)(13) •Allows public stormwater facilities and associated structures to encroach into a required setback CITY OF VIRGINIA BEACH | 12 2.Amends Section 206 and adds Section 206(e) •Removes requirement for a pump station to be less than 400 square feet to have reduced lot area, lot width, and setback requirements •Exempts public stormwater facilities from the dimensional requirements of Section 206 CITY OF VIRGINIA BEACH | 13 Example of where this text amendment would be applicable Lynnhaven Drive Pump Station 1D PROPERTY LINES STRUCTURES THAT ENCROACH INTO A SETBACK CITY OF VIRGINIA BEACH | 14 MODIFICATION OF PROFFERS & CONDITIONAL USE PERMIT (Bulk Storage Yard) MCDONALD NURSERIES OF VIRGINIA BEACH, INC City Council: District 9 Location: 1144 Independence Boulevard, 4011, 4015, 4017, 4021 Mason Street, parcel directly west of 1144 Independence Boulevard ITEMS 3 & 4 15 Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval MCDONALD NURSERIES OF VIRGINIA BEACH, INC | 16 •Requesting to amend the Proffers associated with Conditional Rezonings on the eastern 5.67-acre portion of site approved by City Council in 1993, 1994, & 1997 •Requesting a Conditional Use Permit for a Bulk Storage Yard MCDONALD NURSERIES OF VIRGINIA BEACH, INC | 17 •Constructing a two-story office building, storage building, greenhouse, and canopy for loading dock •15-foot-wide Category VI landscape buffer provided adjacent to surrounding residential properties •Existing BMP will be extended onto adjacent R-10 parcels owned by applicant Proposed Two-Story Office Building Proposed Greenhouse Proposed Canopy Storage Shed Existing Single- Family Dwelling Extension of BMP On 2 Vacant R-10 zoned parcels Existing Buidlings MCDONALD NURSERIES OF VIRGINIA BEACH, INC | 18 •Proposed elevations consist of insulated clad siding, prefinished aluminum storefront systems, & tilt-up concrete panels •No known opposition CONDITIONAL USE PERMIT (Tattoo Parlor) ALL THINGS BEAUTY City Council: District 4 Location: 250 Jersey Avenue ITEM 5 19 Staff recommends Approval Planning Commission voted 8 to 0 with 1 abstention to recommend Approval ALL THINGS BEAUTY | 20 •Request for a Conditional Use Permit for a Tattoo Parlor for the application of Permanent Makeup •Proposing to operate within existing 1,700 square-foot suite •26 available parking spaces; 4 required •No alterations to building or site proposed aside from signage ALL THINGS BEAUTY | 21 •Hours of operation: 9:30 a.m. to 7:00 p.m., Monday through Saturday, by appointment only •Up to 5 employees anticipated •2 letters of support •No known opposition CONDITIONAL USE PERMIT (Family Day-Care Home) PHENOMENAL KIDZ City Council: District 7 Location: 1600 Castlefield Road ITEM 6 22 Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval PHENOMENAL KIDZ | 23 •Request for a Conditional Use Permit for Family Day-Care Home •Care for up to 12 children ages 1 to 5 •Care offered 7 days a week •Primary clients to be military members with extended hours/overnight shifts •Enclosed rear yard PHENOMENAL KIDZ | 24 •Extended pickup/drop off hours proposed •5:00 a.m. to midnight •Will offer overnight care for up to 4 children •4 letters of support •No known opposition CONDITIONAL USE PERMIT (Car Wash Facility) INTI & LUGH VENTURES, LLC D/B/A RELIABLE DETAILERS City Council: District 10 Location: 4239 Holland Road, Suite 772 ITEM 7 25 Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval INTI & LUGH VENTURES, LLC D/B/A RELIABLE DETAILERS | 26 •Request for a Conditional Use Permit for a Car Wash Facility •Operation to be in an existing 2,652 square-foot suite of Timberlake Shopping Center •Existing auto-detailing retail business to continue with added detailing services INTI & LUGH VENTURES, LLC D/B/A RELIABLE DETAILERS | 27 •Hand-washing to occur at rear of suite in the loading area and other detailing to occur inside of the suite •Low volume of vehicles serviced per-day •Parking met on site INTI & LUGH VENTURES, LLC D/B/A RELIABLE DETAILERS | 28 •Hours of operation: 9:00 a.m. to 5:00 p.m., Monday through Friday •To operate 7 days a week in summer •Services available by appointment only •No exterior alterations proposed except for new signage •No known opposition STREET CLOSURE 617 VANDERBILT, LLC City Council: District 5 Location: Adjacent to 901 Vanderbilt Avenue ITEM 8 29 Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval •A request to close a 375-sf portion of an alleyway in the Croatan Beach neighborhood •Applicant constructing a single-family home on-site and seeks the closure to add swimming pool and fence in the rear yard 617 VANDERBILT, LLC | 30 617 VANDERBILT, LLC | 31 •BZA Variance was granted in 1995 to reduce the required side yard setback to 2-feet •A Viewers’ meeting was held on February 21, 2024, and it was determined that the proposed closure will not result in any public inconvenience •No known opposition CONDITIONAL USE PERMIT (Family Day-Care Home) SHANEEQUA CREIGHTON City Council: District 4 Location: 5115 Richard Road ITEM 9 32 Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval SHANEEQUA CREIGHTON | 33 •Typical conditions recommended, including staggered drop-off & pick-up •Hours of operation: 6:00 a.m. – 6:30 p.m. •No known opposition •Request for Conditional Use Permit for an in-home daycare for up to 12 children •Proposed children ages 2 - 5 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 34 Staff recommends Approval Planning Commission voted 8 to 2 to recommend Approval CARL R. ELLIS, JR. | 35 •Deferred at the April 16, 2024 CC Meeting •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. | 36 •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 CONDITIONAL USE PERMIT (Short Term Rental) MICHAEL O’CONNOR City Council: District 5 Location: 303 Atlantic Avenue, Unit 1202 ITEM 11 37 Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval MICHAEL O’CONNOR| 38 •Two-bedroom unit in the Dolphin Run Condominiums •No past or current zoning violations for this unit •1 parking space required (historical exemption granted) MICHAEL O’CONNOR | 39 STR Permits (60) Short Term Rentals •No known opposition CONDITIONAL USE PERMIT (Short Term Rentals) JAMES MOORE City Council: District 5 Location: 919 Pacific Avenue, Units A & C ITEMS 12 & 13 40 Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval JAMES MOORE | 41 •Request for two, 1-bedroom Short Term Rental within the Pacific Place Condominiums •No past or current zoning violations for either unit •1 parking space required for each unit JAMES MOORE | 42 •No known opposition