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Pending Planning Items 1.14.2025PLANNING ITEMS JANUARY 21ST CITY COUNCIL MEETING JANUARY 14, 2025 SUMMARY – January 21ST (Slide 1 of 2) 9 Planning Items Scheduled for City Council’s Consideration 1.The City of Virginia Beach Development Authority & Atlantic Park, Inc. •Major Entertainment Venue Sign •Recommended for Approval by Planning Commission & Staff 2.John Overstreet •Change in Nonconformity •Recommended for Approval by Planning Commission & Staff 3.Dam Neck Associates, LLC •Conditional Rezoning (A-18 Apartment District & B-2 Community Business District to Conditional B-4 Mixed-Use District) •Recommended for Approval by Planning Commission & Staff 2 SUMMARY – January 21ST (Slide 2 of 3) 9 Planning Items Scheduled for City Council’s Consideration 4.Dam Neck Associates, LLC •Modification of Proffers •Recommended for Approval by Planning Commission & Staff 5.FWM Residential Rental Properties, LLC •Conditional Rezoning (R-5S Residential Single-Family District to Conditional RT-3 Resort Tourist District) •Recommended for Approval by Planning Commission & Staff 6.FWM Residential Rental Properties, LLC •Conditional Use Permit (Commercial Marina) •Recommended for Approval by Planning Commission & Staff 7.Green Clean Holland •Conditional Use Permit (Car Wash Facility) •Recommended for Approval by Planning Commission & Denial by Staff 3 SUMMARY – January 21ST (Slide 3 of 3) 9 Planning Items Scheduled for City Council’s Consideration 8.Veonca Evans •Conditional Use Permit (Family Day-care Home) •Recommended for Approval by Planning Commission & Staff 9.City of Virginia Beach •Code Amendment •Recommended for Approval by Planning Commission & Staff 4 ITEM 1 – THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. (Slide 1 of 5) City Council: District 6 (Remick) Location: 1815 Baltic Ave, 400 20th St, 320 20th St, & 365 18th St MAJOR ENTERTAINMENT VENUE SIGN Staff Recommends Approval Planning Commission voted 9 to 0 to 1 to recommend Approval 5 ITEM 1 – THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. (Slide 2 of 5) •Request for 4 Major Entertainment Venue (MEV) Signs at Atlantic Park •Purpose of MEV application is to provide signage flexibility to larger sites •Request is in addition to MEV signs granted in 2022 THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. | 6 ITEM 1 – THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. (Slide 3 of 5) THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. | 7 North and Northwest Parking Garage Signs ITEM 1 – THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. (Slide 4 of 5) THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. | 8 Surf Operations Sign and “The Dome” Sign ITEM 1 – THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. (Slide 5 of 5) •Proposed Condition 2 would allow for up to an additional 750 sf of MEV signs to be reviewed and approved administratively by the Zoning Administrator THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. | 9 ITEM 2 – JOHN OVERSTREET (Slide 1 of 3) City Council: District 2 (Henley) Location: 2409 Holland Road CHANGE IN NONCONFORMITY Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 10 ITEM 2 – JOHN OVERSTREET (Slide 2 of 3) •Request to construct an addition to an existing legally non-conforming dwelling •Site was developed in the early 19th century prior to the adoption of the City’s Zoning Ordinance •In the late 1970s, a structure, previously used as a sweet potato barn, was converted to a dwelling resulting in a total of 2 dwellings on the site where 1 is permitted JOHN OVERSTREET | 11 ITEM 2 – JOHN OVERSTREET (Slide 3 of 3) •Proposed 732 sf addition to include a bedroom, bathroom, closet, office, and laundry room •Vinyl siding will be installed on the entire structure in a color similar to the existing blue siding •No known opposition JOHN OVERSTREET | 12 ITEMS 3 & 4 - DAM NECK ASSOCIATES, LLC (Slide 1 of 6) City Council: District 5 (Wilson) Location: 872 & 1089 Dam Neck Road, 1064 & 1080 Dam Neck Station Road CONDITIONAL REZONING (A-18 Apartment District & B-2 Community Business to Conditional B-4 Mixed Use District) MODIFICATION OF PROFFERS Staff Recommends Approval Planning Commission voted 9 to 0 to 1 to recommend Approval 13 ITEMS 3 & 4 – DAM NECK ASSOCIATES, LLC (Slide 2 of 6) •Conditional Rezoning – 53.7-acre portion of the property from Conditional A-18 & Conditional B-2 to Conditional B-4 Mixed Use District •Modification of Proffers – eastern most 17.5-acres of the property •In 1994, two conditional rezoning requests were approved to allow for the development of up to 612 apartment units and commercial development DAM NECK ASSOCIATES, LLC | 14 ITEMS 3 & 4 – DAM NECK ASSOCIATES, LLC (Slide 3 of 6) •Modification of Proffers was approved in 2022 to alter the 1994 site layout and building elevations •Applicant seeks to amend the 2022 proffers to make slight adjustments to site layout and specify that Phase 1 will include 314 residential units DAM NECK ASSOCIATES, LLC | 15 ITEMS 3 & 4 – DAM NECK ASSOCIATES, LLC (Slide 4 of 6) •Western portion of site will include mix of commercial, office, retail, recreation, and multi-family uses •Site entirely within a high noise zone •>75 dB noise zone (western portion) •70-75 dB noise zone (eastern portion) •Units proposed for Phase 2 will be reduced by 5 percent in accordance with Section 1804(e) •298 units initially proposed •283 units now proposed (5% reduction) DAM NECK ASSOCIATES, LLC | 16 ITEMS 3 & 4 – DAM NECK ASSOCIATES, LLC (Slide 5 of 6) •13.4% (approx. 219 spaces) reduction in parking approved by Zoning Administrator •1,638 parking spaces required •1,419 parking spaces provided •Deviation to Building Height requested •Up to 75 feet within 100 feet of property line adjacent to Apartment District, instead of max 35 feet. DAM NECK ASSOCIATES, LLC | 17 ITEMS 3 & 4 – DAM NECK ASSOCIATES, LLC (Slide 6 of 6) •Traffic Impact Study (TIS) approved depicting construction of required right-of-way improvements •Phase 1—emergency access point •Timing of Phase 2 improvements to include extension of Dam Neck Station Road to be determined during site plan review and will require updated TIS •No known opposition DAM NECK ASSOCIATES, LLC | 18 ITEMS 5 & 6 – FWM RESIDENTIAL RENTAL PROPERTIES LLC (Slide 1 of 4) City Council: District 5 (Wilson) Location: 310 & 312 Winston Salem Avenue CONDITIONAL REZONING (R-5S Residential Single-Family District to Conditional RT-3 Resort Tourist District) CONDITIONAL USE PERMIT (Commercial Marina) Staff Recommends Approval Planning Commission voted 11 to 0 to recommend Approval 19 ITEMS 5 & 6 – FWM RESIDENTIAL PROPERTIES LLC (Slide 2 of 4) •Request to conditionally rezone the site to Conditional RT-3 and a Conditional Use Permit for a Commercial Marina •Applicant intends to replace existing pier and 8 boat slips with new pier and 6 reconfigured boat slips •No changes proposed to the existing duplex or single-family dwelling FWM RESIDENTIAL RENTAL PROPERTIES LLC | 20 ITEMS 5 & 6 – FWM RESIDENTIAL PROPERTIES LLC (Slide 3 of 4) •Setback deviations requested: •8-foot side yard setback required in RT-3 •12-foot side yard setback required in RT- 3 when adjacent to a driveway •Existing single-family dwelling—7.22’ side yard setback; 5.49’ side yard setback adjacent to driveway •Existing duplex—7.33’ side yard setback FWM RESIDENTIAL RENTAL PROPERTIES LLC | 21 ITEMS 5 & 6 – FWM RESIDENTIAL PROPERTIES LLC (Slide 4 of 4) •3 parking spaces required; 8 provided on-site •70-75 dB noise zone—Proffer 1 limits the residential density to the 3 units that currently exist •JRP determined proposed was in conformance with Article 18 •No known opposition FWM RESIDENTIAL RENTAL PROPERTIES LLC | 22 ITEM 7 – GREEN CLEAN HOLLAND, LLC (Slide 1 of 4) City Council: District 10 (Rouse) Location: 4245 Holland Road CONDITIONAL USE PERMIT (Car Wash Facility) Staff Recommends Denial Planning Commission voted 7 to 3 to recommend Approval 23 ITEM 7 – GREEN CLEAN HOLLAND, LLC (Slide 2 of 4) •Request for a Conditional Use Permit for a Car Wash Facility to adapt an existing former Rite-Aid building for reuse as a car wash •Similar application deferred at the July 9, 2024, and August 20, 2024, City Council hearings before being withdrawn by the applicant •Applicant conducted additional public outreach and provided bike racks and benches at the southern portion of the site GREEN CLEAN HOLLAND, LLC | 24 ITEM 7 – GREEN CLEAN HOLLAND, LLC (Slide 3 of 4) •Proposed new pedestrian access from Holland Rd to Timberlake Shopping Center •Robust landscaping proposed, including shade trees for existing sidewalk from S. Plaza Trail •Intends to retain existing access points on Holland Rd and S. Plaza Trail •17 exterior vacuum stations proposed; 8 interior vacuum stations proposed GREEN CLEAN HOLLAND, LLC | 25 ITEM 7 – GREEN CLEAN HOLLAND, LLC (Slide 4 of 4) •Adding overhead garage doors on primary elevation and on southern elevation for ingress/egress •Staff recommending denial: •Counter to recommendation in Commercial Area Pattern Book for redevelopment of large shopping centers and in Comprehensive Plan •Would further entrench auto-oriented uses on a prominent corner in the Holland Road corridor •Immediately opposite apartments on S. Plaza Trail •13 letters of support GREEN CLEAN HOLLAND, LLC | 26 ITEM 8 – VEONCA EVANS (Slide 1 of 3) City Council: District 7 (Jackson-Green) Location: 5317 Canterford Lane CONDITIONAL USE PERMIT (Family Day-care Home) Staff Recommends Approval Planning Commission voted 9 to 1 to recommend Approval 27 ITEM 8 – VEONCA EVANS (Slide 2 of 3) •Request to operate a Family Day- Care Home for up to 12 children within a 2,080 sf townhome •Proposed hours of operation •6:00 a.m. to 6:30 p.m., Monday through Sunday •Stagged pick-up and drop-off times to avoid congestion •Late-night/overnight care to be provided on an as-needed basis VEONCA EVANS | 28 ITEM 8 – VEONCA EVANS (Slide 3 of 3) •Outdoor play area for the children provided •3 speakers in support •1 speaker in opposition stating increased traffic concerns VEONCA EVANS | 29 ITEM 9 – CITY OF VIRGINIA BEACH (Slide 1 of 1) An Ordinance to amend and reordain the Airport Noise Attenuation and Safety Ordinance (Appendix I) by amending Section 9 pertaining to required disclosures in Sales and Rentals of Real Estate CITY OF VIRGINIA BEACH | 30 ORDINANCE Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval