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PENDING PLANNING ITEMS 2.25.2025PLANNING ITEMS MARCH 4TH & MARCH 18TH CITY COUNCIL MEETINGS FEBRUARY 25, 2025 SUMMARY –March 4th (Slide 1 of 1) 3 Planning Items Scheduled for City Council’s Consideration ITEMS 1 & 2: Dam Neck Associates, LLC •Conditional Rezoning (A-18 Apartment District & B-2 Community Business District to Conditional B-4 Mixed-Use District) •Modification of Proffers •Recommended for Approval by Planning Commission & Staff ITEM 3: Victoria Walsh •Conditional Use Permit (Short Term Rental) •Recommended for Approval by Planning Commission & Staff 2 ITEMS 1 & 2 - 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 3 ITEMS 1 & 2 – DAM NECK ASSOCIATES, LLC (Slide 2 of 6)•Deferred at the January 21, 2025 City Council Hearing •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 | 4 ITEMS 1 & 2 – 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 | 5 ITEMS 1 & 2 – 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 | 6 ITEMS 1 & 2 – 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 | 7 ITEMS 1 & 2 – 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 | 8 ITEM 3 – VICTORIA WALSH (Slide 1 of 3) City Council: District 5 (Wilson) Location: 917 Pacific Avenue, Unit A CONDITIONAL USE PERMIT (Short Term Rental) Staff Recommends Approval Planning Commission voted 11 to 0 to recommend Approval 9 ITEM 3 – VICTORIA WALSH (Slide 2 of 3) •Deferred at the February 4, 2025 City Council Hearing •Request for a Conditional Use Permit to operate a Short Term Rental •1-bedroom unit within the Pacific Place Condominiums •26 previously approved Conditional Use Permits for Short Term Rentals within Pacific Place VICTORIA WALSH | 10 ITEM 3 – VICTORIA WALSH (Slide 3 of 3) •1 parking space required and provided •Previous Notice of Violation issued for operation without CUP •1 letter of opposition related to concerns about prior STR operation without a CUP VICTORIA WALSH | 11 SUMMARY – March 18th (Slide 1 of 3) 10 Planning Items Scheduled for City Council’s Consideration ITEM 1: Christopher Taylor •Subdivision Variance (Section 4.4(b & d) of the Subdivision Regulations) •Recommended for Approval by Planning Commission & Staff ITEM 2: Bonney Bright Sand Company •Modification of Conditions •Recommended for Approval by Planning Commission & Staff ITEM 3: New Jerusalem C.O.G.I.C •Modification of Conditions •Recommended for Approval by Planning Commission & Staff ITEM 4: Jeffrey Smith & Jena Cornell •Conditional Use Permit (Residential Kennel) •Recommended for Approval by Planning Commission & Staff 12 SUMMARY – March 18th (Slide 2 of 3) ITEM 5: Mercer Sykes •Conditional Use Permit (Open Air Market) •Recommended for Approval by Planning Commission & Staff ITEM 6: Green Clean Auto Wash, LLC •Conditional Use Permit (Car Wash Facility) •Recommended for Approval by Planning Commission & Staff ITEM 7: Shaina Hartless •Conditional Use Permit (Assembly Use) •Recommended for Approval by Planning Commission & Staff ITEM 8: Justin & Candace Howard •Conditional Use Permit (Short Term Rental) •Recommended for Approval by Planning Commission & Staff 13 SUMMARY – March 18th (Slide 3 of 3) ITEM 9: JD Enterprise VA, DBA Atlantic Rental Homes •Conditional Use Permit (Short Term Rental) •Recommended for Approval by Planning Commission & Staff ITEM 10: JD Enterprise VA, DBA Atlantic Rental Homes •Conditional Use Permit (Short Term Rental) •Recommended for Approval by Planning Commission & Staff 14 ITEM 1 – CHRISTOPHER TAYLOR (Slide 1 of 4) City Council: District 8 (Cummings) Location: 636 Congress Street SUBDIVISION VARIANCE (Section 4.4(b & d) of the Subdivision Regulations) Staff Recommends Approval Planning Commission voted 9 to 0 to recommend Approval 15 ITEM 1 – CHRISTOPHER TAYLOR (Slide 2 of 4) •Existing parcel is approximately 61,000 square feet and developed with 1 single-family dwelling •Created by deed in 1921, prior to establishment of the Zoning Ordinance or Subdivision Regulations •Accessed via Congress Street, a private street CHRISTOPHER TAYLOR| 16 ITEM 1 – CHRISTOPHER TAYLOR (Slide 3 of 4) •Request to subdivide the existing parcel to create two lots; no direct access to a public street •Parcel CT-1A — lot area of 53,484 square feet, 0-foot lot width •Parcel CT-2A — lot area of 7,503 square feet, 0-foot lot width CHRISTOPHER TAYLOR| 17 ITEM 1 – CHRISTOPHER TAYLOR (Slide 4 of 4) •Existing dwelling to remain on parcel CT-1A •New single-family dwelling proposed for parcel CT-2A •Access and maintenance agreements to be recorded with adjacent neighbor at 656 Congress Street •No known opposition CHRISTOPHER TAYLOR| 18 ITEM 2 – BONNEY BRIGHT SAND COMPANY (Slide 1 of 5) City Council: District 2 (Henley) Location: 200 Princess Anne Road MODIFICATION OF CONDITIONS Staff Recommends Approval Planning Commission voted 8 to 0 with 1 Abstention to recommend Approval 19 ITEM 2 – BONNEY BRIGHT SAND COMPANY (Slide 2 of 5) •Request to remove Condition 15 pertaining to the number truck trips allowed per day •Original CUP approved by City Council in 1989 •Several modifications approved since, most recently in December 2023 for an expansion BONNEY BRIGHT SAND COMPANY | 20 ITEM 2 – BONNEY BRIGHT SAND COMPANY(Slide 3 of 5) •Landscape buffer along Princess Anne Road, required with 2023 Modification, but not installed •Condition 10 revised by Planning Commission to require a double row of seedling pine trees •No change proposed to hours of operation BONNEY BRIGHT SAND COMPANY | 21 ITEM 2 – BONNEY BRIGHT SAND COMPANY(Slide 4 of 5) •Condition 16 revised to indicate roads shall be kept clear and no sand, dirt, or debris shall accumulate within public right of way •Condition 25 added by Planning Commission to require a vehicle wash down station and construction entrance at access on Princess Anne Road BONNEY BRIGHT SAND COMPANY | 22 ITEM 2 – BONNEY BRIGHT SAND COMPANY(Slide 5 of 5) •4 speakers in opposition at Planning Commission •Petition of opposition with 146 signatures •Letter of opposition with 96 comments — concerns related to the increase in the number of trucks on the road, dirt & debris on the road, damage to vehicles, and unsafe road conditions BONNEY BRIGHT SAND COMPANY | 23 ITEM 3 – NEW JERUSALEM C.O.G.I.C. (Slide 1 of 3) City Council: District 6 (Remick) Location: 118 Bishop Thoroughgood Avenue, 1063 Longstreet Avenue, undeveloped parcel north of 129 Hughes Avenue, and undeveloped parcel directly west of 1059 Longstreet Avenue MODIFICATION OF CONDITIONS Staff Recommends Approval Planning Commission voted 8 to 0 with 1 abstention to recommend Approval 24 ITEM 3 – NEW JERUSALEM C.O.G.I.C (Slide 2 of 3) •Request to incorporate three additional parcels into the existing Conditional Use Permit for Religious Use •Original Conditional Use Permit approved in 1973 •Parcels to the west of the church used for church events •Parcels to the east used for storage and the church’s social ministry NEW JERUSALEM C.O.G.I.C | 25 ITEM 3 – NEW JERUSALEM C.O.G.I.C (Slide 3 of 3) •Site lies within the >75 dB noise zone and APZ-2; since no enlargement or increase in occupant load proposed, provisions of Article 18 do not apply •No known opposition NEW JERUSALEM C.O.G.I.C | 26 ITEM 4 – JEFFREY SMITH AND JENA CORNELL) (Slide 1 of 3) City Council: District 2 (Henley) Location: 216 Princess Anne Road CONDITIONAL USE PERMIT (Residential Kennel) Staff Recommends Approval Planning Commission voted 9 to 0 to recommend Approval 27 ITEM 4 – JEFFREY SMITH AND JENA CORNELL (Slide 2 of 3) •Conditional Use Permit request for a Residential Kennel •Permit request is for 13 dogs •4 personal pets, will reside in the home •9 personal hunting dogs, will be kept in the proposed kennel JEFFREY SMITH AND JENA CORNELL | 28 ITEM 4 – JEFFREY SMITH AND JENA CORNELL (Slide 3 of 3) •Proposed 30’ x 20’ kennel, fully enclosed, soundproofed and air- conditioned •20-foot setback from both the rear and side property lines •Approximately 250 feet from the residential dwelling to the north •No known opposition JEFFREY SMITH AND JENA CORNELL | 29 ITEM 5 – MERCER SYKES (Slide 1 of 3) City Council: District 5 (Wilson) Location: 614 10th Street CONDITIONAL USE PERMIT (Open Air Market) Staff Recommends Approval Planning Commission voted 8 to 0 to 1 to recommend Approval 30 ITEM 5 – MERCER SYKES (Slide 2 of 3) •Applicant proposing to construct and operate a 15’ x 40’ farm stand with a coffee bar •Will be attached to the existing building •Proposed hours of operation: Monday – Saturday, 10 a.m. to 6 p.m. MERCER SYKES | 31 ITEM 5 – MERCER SYKES (Slide 3 of 3) •2 parking spaces required •4 existing parking spaces on site cannot count towards required parking due to design •Parking study reviewed and approved by the Zoning Administrator to waive the two required spaces •Bicycle rack to accommodate 10 bikes proposed •No known opposition MERCER SYKES | 32 ITEM 6 – GREEN CLEAN AUTO WASH, LLC (Slide 1 of 3) City Council: District 9 (Schulman) Location: 1014 Independence Boulevard CONDITIONAL USE PERMIT (Car Wash Facility) Staff Recommends Denial Planning Commission voted 9 to 0 to recommend Approval 33 ITEM 6 – GREEN CLEAN AUTO WASH, LLC (Slide 2 of 3) •Proposal to adapt a former Sonic Drive-In for reuse as a single-bay car wash •Minor aesthetic changes proposed to building exterior •Existing landscaping to be supplemented with additional trees and shrubs •3 parking spaces required; 4 provided •8-foot side path proposed along Independence Boulevard GREEN CLEAN AUTO WASH, LLC | 34 ITEM 6 – GREEN CLEAN AUTO WASH, LLC (Slide 1 of 3) •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 outparcel in the Independence Boulevard corridor •No known opposition GREEN CLEAN AUTO WASH, LLC | 35 ITEM 7 – SHAINA HARTLESS (Slide 1 of 3) City Council: District 9 (Schulman) Location: 4708 Tulip Drive, Suite 102 CONDITIONAL USE PERMIT (Assembly Use) Staff Recommends Approval Planning Commission voted 9 to 0 to recommend Approval 36 ITEM 7 – SHAINA HARTLESS (Slide 2 of 3) •Proposal to operate a 1,700 square foot event rental space •Converting existing 5,000 square foot building into 8 suites to include: •Barber shop, 2 photography studios, office space, jewelry store, and proposed assembly use •2 suites are vacant SHAINA HARTLESS | 37 ITEM 7 – SHAINA HARTLESS (Slide 1 of 3) •29 parking spaces required; 15 provided on site •Shared Parking Agreement approved by the Zoning Administrator subject to limited hours of operation •Hours of Operation: •Full occupancy events — 5 p.m. to 11 p.m. Monday through Friday and 9 a.m. to 11 p.m. Saturday and Sunday •Limited occupancy events — 9 a.m. to 11 p.m. Monday through Friday •No known opposition SHAINA HARTLESS | 38 ITEM 8 – JUSTIN & CANDACE HOWARD (Slide 1 of 3) City Council: District 5 (Wilson) Location: 933 Pacific Avenue, Unit C CONDITIONAL USE PERMIT (Short Term Rental) Staff Recommends Approval Planning Commission voted 9 to 0 to recommend Approval 39 ITEM 8 – JUSTIN & CANDACE HOWARD (Slide 2 of 3) •Request for a Conditional Use Permit to operate a Short Term Rental •2-bedroom unit within the Pacific Place Condominiums •26 previously approved Conditional Use Permits for Short Term Rentals within Pacific Place JUSTIN & CANDACE HOWARD | 40 ITEM 8 – JUSTIN & CANDACE HOWARD (Slide 3 of 3) •1 parking space required and provided •No prior zoning violations; not currently advertised •No known opposition JUSTIN & CANDACE HOWARD | 41 ITEM 9 – JD ENTERPRISE VA, DBA ATLANTIC RENTAL HOMES (Slide 1 of 3) City Council: District 5 (Wilson) Location: 931 Pacific Avenue, Unit A CONDITIONAL USE PERMIT (Short Term Rental) Staff Recommends Approval Planning Commission voted 9 to 0 to recommend Approval 42 ITEM 9 – JD ENTERPRISE VA, DBA ATLANTIC RENTAL HOMES (Slide 2 of 3) •Request for a Conditional Use Permit to operate a Short Term Rental •2-bedroom unit within the Pacific Place Condominiums •26 previously approved Conditional Use Permits for Short Term Rentals within Pacific Place JD ENTERPRISE VA, DBA ATLANTIC RENTAL HOMES | 43 ITEM 9 – JD ENTERPRISE VA, DBA ATLANTIC RENTAL HOMES (Slide 3 of 3) •1 parking space required and provided •No prior zoning violations; not currently advertised •1 letter of opposition received noting concerns about other Short Term Rentals managed by the applicant JD ENTERPRISE VA, DBA ATLANTIC RENTAL HOMES | 44 ITEM 10 – JD ENTERPRISE VA, DBA ATLANTIC RENTAL HOMES(Slide 1 of 3) City Council: District 5 (Wilson) Location: 931 Pacific Avenue, Unit B CONDITIONAL USE PERMIT (Short Term Rental) Staff Recommends Approval Planning Commission voted 9 to 0 to recommend Approval 45 ITEM 10 – JD ENTERPRISE VA, DBA ATLANTIC RENTAL HOMES (Slide 2 of 3) •Request for a Conditional Use Permit to operate a Short Term Rental •2-bedroom unit within the Pacific Place Condominiums •26 previously approved Conditional Use Permits for Short Term Rentals within Pacific Place JD ENTERPRISE VA, DBA ATLANTIC RENTAL HOMES | 46 ITEM 10 – JD ENTERPRISE VA, DBA ATLANTIC RENTAL HOMES (Slide 3 of 3) •1 parking space required and provided •No prior zoning violations; not currently advertised •1 letter of opposition received noting concerns about other Short Term Rentals managed by the applicant JD ENTERPRISE VA, DBA ATLANTIC RENTAL HOMES | 47