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PENDING PLANNING ITEMS 5.28.24PLANNING ITEMS JUNE 4TH & JUNE 18TH CITY COUNCIL MEETINGS 2 1.City of Virginia Beach •Code Amendment •Recommended for Approval by Planning Commission & Staff 2.City of Virginia Beach •Code Amendment •Recommended for Approval by Planning Commission & Staff 3.City of Virginia Beach – District 3 •Modification of Conditions •Recommended for Approval by Planning Commission & Staff 4.Military Aviation Museum – District 2 •Modification of Conditions •Recommended for Approval by Planning Commission & Staff 5.Michele Cleland – District 5 •Conditional Use Permit (Wildlife Rehabilitation Center) •Recommended for Approval by Planning Commission & Staff 6.Milestone Manor, LLC – District 1 •Conditional Use Permit (Day-care Center in Religious Use) •Recommended for Approval by Planning Commission & Staff SUMMARY – June 4th 8 Planning Items Scheduled for City Council’s Consideration 3 7.Susanne M Colligon – District 6 •Conditional Use Permit (Short Term Rental) •Recommended for Approval by Planning Commission & Staff 8.Samantha Carrow – District 5 •Conditional Use Permit (Short Term Rental) •Recommended for Approval by Planning Commission & Staff SUMMARY – June 4th 8 Planning Items Scheduled for City Council’s Consideration CITY OF VIRGINIA BEACH | 4 An Ordinance to amend Section 103 of the City Zoning Ordinance pertaining to the granting of modifications by the Zoning Administrator. Proposed fee: $200; Authority: Virginia Code Section 15.2-2286; Documentation found at Planning Department - 2875 Sabre Street, Suite 500 (757) 385-4621. CITY OF VIRGINIA BEACH ITEM 1 Staff recommends Approval Planning Commission voted 11 to 0 to recommend Approval 5 •The proposed Amendment adds subsection (m) to Section 103 of the Zoning Ordinance, which would grant the Zoning Administrator the authority to make minor modifications to the Zoning Ordinance. •The Text Amendment would accomplish the following: 1.Allow administrative modifications up to five percent of any dimensional requirement 2.Establish a notification process 3.Establish a $200 fee •The text amendment received unanimous support by the Board of Zoning Appeals. CITY OF VIRGINIA BEACH | 6 •A five percent modification may be applied to any physical requirement of a lot or parcel of land, including but not limited to: •Size, height, or location of features of any building, structure, or improvement CITY OF VIRGINIA BEACH | 7 •The Zoning Administrator must make three findings in writing. (similar to the requirements of the Board of Zoning Appeals per Section 15.2-2309 of the Code of Virginia) CITY OF VIRGINIA BEACH | 8 •A notification process is established prior to the approval of a request, including: 1.Written notice to the adjoining property owners. They have 21 days to respond 2.A sign must be posted on the property for 30 days •Once the Zoning Administrator makes a decision, written notice must be sent to the applicant and any adjoining property owner that responded in writing. CITY OF VIRGINIA BEACH | 9 •If the request is denied, the applicant may submit an application for a variance to be considered by the Board of Zoning Appeals, or •The decision may be appealed to the Board of Zoning Appeals CITY OF VIRGINIA BEACH | 10 •There is a $200 application fee for each lot upon which there is a request •The fee includes the cost of staff resources and the notification process CITY OF VIRGINIA BEACH | 11 An Ordinance to amend Section 1906 of the City Zoning Ordinance pertaining to the composition of the Old Beach Design Review Committee. CITY OF VIRGINIA BEACH ITEM 2 Staff recommends Approval Planning Commission voted 11 to 0 to recommend Approval CITY OF VIRGINIA BEACH | 12 •The proposed Amendment is to Section 1906 of the Zoning Ordinance regarding the Old Beach Design Review Committee. •The amendment would accomplish the following: 1.Change the required composition of the committee members 2.Clarify the terms of the committee member’s appointments CITY OF VIRGINIA BEACH | 13 •The Old Beach Design Review Committee will still consist of five members, but with the following changes: 1.The number of required representatives from the Resort Advisory Commission is changed from two to one 2.One member is required to be a licensed design professional with applicable experience CITY OF VIRGINIA BEACH | 14 •As of May 21, 2024, the committee members will have the following terms of appointment: •Two members will have an initial term of one-year, two members will have an initial term of two-years, and one member will have an initial term of three-years •All reappointments will be for a three-year term MODIFICATION OF CONDITIONS CITY OF VIRGINIA BEACH City Council: District 3 Location: 500 Studio Drive & 599 Studio Drive, Suites 2A & 2B ITEM 3 15 Staff recommends Approval Planning Commission voted 11 to 0 to recommend Approval CITY OF VIRGINIA BEACH | 16 •A Modification of Conditions request to amend language within a Restrictive Deed to allow for a public building and public meeting grounds at the Lakeview Corporate Park •The City is under contract to acquire 7.82-acres of the 21.3-acre parcel and plans to utilize the existing 65,700 square foot building for the Office of the Voter Registrar and Central Absentee Precinct •Site was rezoned in 1998 for the development of a corporate office park •The 1998 approval included a list of permitted uses •A 2009 Modification expanded the list of permitted uses; however, Public Buildings and/or Public Meeting Grounds was not included as a permitted use •The existing office/warehouse building is located on Unit 1. There is no plan to develop the vacant site known as Unit 2A or 2B at this time UNIT 2A UNIT 2B UNIT 1 Mount Trashmore Park Holland Road Existing Building (65,700 SF) CITY OF VIRGINIA BEACH | 17 •192 parking spaces provided on-site •There are existing pedestrian connections from the site to Mount Trashmore Park •No known opposition UNIT 2A UNIT 2B UNIT 1 Mount Trashmore Park Holland Road Existing Building (65,700 SF) CITY OF VIRGINIA BEACH | 18 MODIFICATION OF CONDITIONS MILITARY AVIATION MUSEUM City Council: District 2 Location: 1341 Princess Anne Road ITEM 4 19 Staff recommends Approval Planning Commission voted 11 to 0 to recommend Approval MILITARY AVIATION MUSEUM | 20 •Modification of Conditions request for the Military Aviation Museum to expand operating hours and to add more defining criteria for special events held on the property •No changes proposed to the existing site layout •Ample room to accommodate parking and queuing of vehicles on site •Seeking to modify current operating hours: •Current - 9:00 a.m. to 5:00 p.m., 7 days a week, to dusk in summer months •Proposed - 9:00 a.m. to 9:00 p.m., 7 days a week, and no later than 10 p.m. for special events MILITARY AVIATION MUSEUM | 21 •Events customarily incidental to the museum use are not considered a special event MILITARY AVIATION MUSEUM | 22 •No more than 8 special events per calendar year that meet the following criteria: •Events of an outdoor nature, having outdoor amplified sound, and which exceed 500 persons in attendance •Special Event Permit reviewed and approved by the Special Events Office will be required for each event meeting this criteria •Presented to the Agricultural Advisory Committee, who were supportive of the request •No known opposition CONDITIONAL USE PERMIT (Wildlife Rehabilitation Center) MICHELE CLELAND City Council: District 5 Location: 2285 London Bridge Road ITEM 5 23 Staff recommends Approval Planning Commission voted 11 to 0 to recommend Approval MICHELE CLELAND | 24 •Request for a Conditional Use Permit for a Wildlife Rehabilitation Center to rehab native avian species •Property zoned AG-2 Agriculture with deed restriction prohibiting residential uses MICHELE CLELAND | 25 •Primary animals for rehab to be orphaned and juvenile avians •After 2-year probationary period with Virginia Department of Wildlife Resources, will also rehabilitate injured avians MICHELE CLELAND | 26 •6 years of experience as Category IV Wildlife Rehabber •Will apply for the required licensing with the Virginia Department of Wildlife Resources (VDWR) and U.S. Fish & Wildlife Service for avians and migratory birds •Animals to be kept in appropriate, outdoor enclosures to acclimate to ambient temperature, weather, and outdoor noises •Number of animals per enclosure determined by space requirements from VDWR •Site subject to scheduled and random inspection by VDWR •Applicant sponsored by a certified veterinarian (per VDWR regulations) MICHELE CLELAND | 27 •Video-monitoring to be installed •Site currently fenced and to remain fenced •2 letters of support and 1 petition of support with 26 signatures from residents of Pine Ridge •No known opposition CONDITIONAL USE PERMIT (Day-care in Religious Use) MILESTONE MANOR, LLC City Council: District 1 Location: 4925 Providence Road ITEM 6 28 Staff recommends Approval Planning Commission voted 11 to 0 to recommend Approval MILESTONE MANOR, LLC | 29 •Seeking a Conditional Use Permit to operate a Day-care/Child Care Education Center in a Religious Use •Received a Notice of Violation in January 2024 for operating without a permit and applied for a CUP immediately •Part-time and full-time care provided for children ages 5 – 12 •Part-time—Tuesday & Thursday •Full-time—Monday—Friday MILESTONE MANOR, LLC | 30 •Currently provide care to 35 children; applicant anticipates providing care up to 40 children next year •Offer a variety of educational services from traditional subjects, electives, and tutoring services •Parents required to provide a Notice of Intent to Provide Home Instruction prior to enrollment •Hours of operation--8:00 a.m. - 4:30 p.m. •No known opposition CONDITIONAL USE PERMIT (Short Term Rental) SUSANNE M COLLIGON City Council: District 6 Location: 304 28th Street, Unit 208 ITEM 7 31 Staff recommends Approval Planning Commission voted 11 to 0 to recommend Approval •Two-bedroom unit in the Playa Rana Condominium building •Past violation for this unit (June 2023) – Unit has not been rented or advertised since September 2023 •1 parking space required (historical exemption granted) SUSANNE M COLLIGON | 32 SUSANNE M COLLIGON | 33 CONDITIONAL USE PERMIT (Short Term Rental) SAMANTHA CARROW City Council: District 5 Location: 905 Pacific Avenue, Unit C ITEM 8 34 Staff recommends Approval Planning Commission voted 11 to 0 to recommend Approval •Request for a 2-bedroom Short Term Rental within the Pacific Place Condominiums •No past or current zoning violations for this unit •1 parking space required (historical exemption granted) SAMANTHA CARROW | 35 SAMANTHA CARROW | 36 37 10 Carl R. Ellis, Jr – District 8 •Deferred by CC on April 16, 2024 & May 21 , 2024 •Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) •Recommended for Approval by Planning Commission & Staff SUMMARY – June 18th 1 Planning Item Scheduled for City Council’s Consideration SUBDIVISION VARIANCE (Section 4.4(b) of the Subdivision Regulations) CARL R. ELLIS, JR City Council: District 8 Location: 2620 Broad Bay Road ITEM 1 38 Staff recommends Approval Planning Commission voted 8 to 2 to recommend Approval CARL R. ELLIS, JR | 39 •Deferred at the April 16, 2024 and May 21, 2024 City Council Meetings •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 | 40 •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