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Home My WebLink AboutII. A. Pending Planning Items 3.25.2025PLANNING ITEMS APRIL 15TH CITY COUNCIL MEETING MARCH 25, 2025 1 SUMMARY – April 15th (Slide 1 of 2) 9 Planning Items Scheduled for City Council’s Consideration ITEM 1: Joel W. & Whitney C. Johnson •Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) •Recommended for Approval by Planning Commission & Staff ITEM 2: Boulevard Holdings, LLC •Alternative Compliance •Recommended for Approval by Planning Commission & Staff ITEM 3: Patrick A. Bowers •Conditional Use Permit (Short Term Rental) •Recommended for Denial by Planning Commission & Approval by Staff ITEM 4: Craig & April Dean •Conditional Use Permit (Short Term Rental) •Recommended for Approval by Planning Commission & Staff 2 SUMMARY – April 15th (Slide 2 of 2) 9 Planning Items Scheduled for City Council’s Consideration ITEMS 5, 6, & 7: Craig & April Dean •Conditional Use Permit (Short Term Rental) •Recommended for Approval by Planning Commission & Staff ITEMS 8 & 9: City of Virginia Beach •Code Amendments •Recommended for Approval by Planning Commission & Staff 3 ITEM 1 – JOEL W. & WHITNEY C. JOHNSON (Slide 1 of 3) City Council: District 2 (Henley) Location: Parcel directly south of 2000 & 1992 Gum Bridge Road SUBDIVISION VARIANCE (Section 4.4(b) of the Subdivision Regulations) Staff Recommends Approval Planning Commission voted 11 to 0 to recommend Approval 4 ITEM 1 – JOEL W. & WHITNEY C. JOHNSON (Slide 2 of 3) •Lot 11 created by Partition Plat in 1971 without Planning Department review or approval •Not a valid subdivision without Planning Department approval •When created, property was zoned A-R, Agricultural Restricted •Parcel met zoning requirements at that time •To legalize parcel, new plat must be recorded, and lot must meet dimensional requirements of the current AG-1 & AG-2 zoning JOEL W. & WHITNEY C. JOHNSON | 5 ITEM 1 – JOEL W. & WHITNEY C. JOHNSON (Slide 3 of 3) •Proposed parcel has an approximate lot size of 3.8 acres and lot width of 138 feet •Minimum 1-acre lot size and 150-foot lot width required in AG-1 & AG-2 •Subdivision Variance for lot width granted for Lots 1-5 in 2019 and Lot 10 in 2025 •Condition added for future residence to comply with Comprehensive Plan’s Rural Area Design Guidelines •No known opposition JOEL W. & WHITNEY C. JOHNSON | 6 ITEM 2 – BOULEVARD HOLDINGS, LLC (Slide 1 of 4) City Council: District 5 (Wilson) Location: 409 Virginia Beach Boulevard ALTERNATIVE COMPLIANCE (Temporary Commercial Parking Lot) Staff Recommends Approval Planning Commission voted 10 to 0 with 1 Abstention to recommend Approval 7 ITEM 2 – BOULEVARD HOLDINGS, LLC (Slide 2 of 4) •Request to construct and operate a Temporary Commercial Parking Lot •Property is zoned OR and lies within the ViBe Creative District •Temporary Commercial Parking Lots are not permitted south of Virginia Beach Blvd/17th Street BOULEVARD HOLDINGS, LLC | 8 ITEM 2 – BOULEVARD HOLDINGS, LLC (Slide 3 of 4) •Proposed gravel parking lot with 11 spaces •15-foot Category IV landscape buffer and 6-foot tall vinyl privacy fence proposed adjacent to the residential district to the south •Recommended condition to limit approval to 5-years BOULEVARD HOLDINGS, LLC | 9 ITEM 2 – BOULEVARD HOLDINGS, LLC (Slide 4 of 4) •Condition 3 modified by Planning Commission: •Would allow placement of the bike rack on site or at an alternative location along 17th Street as agreed upon by the applicant and staff •No known opposition BOULEVARD HOLDINGS, LLC | 10 ITEM 3 – PATRICK A. BOWERS(Slide 1 of 3) City Council: District 5 (Wilson) Location: 903 Pacific Avenue, Unit A CONDITIONAL USE PERMIT (SHORT TERM RENTAL) Staff Recommends Approval Planning Commission voted 5 to 5 to recommend Denial 11 ITEM 3 – PATRICK A. BOWERS (Slide 2 of 3) •Request for a Conditional Use Permit to operate a Short Term Rental •2-bedroom unit within the Pacific Place Condominiums •27 previously approved Conditional Use Permits for Short Term Rentals within Pacific Place PATRICK A. BOWERS | 12 ITEM 3 – PATRICK A. BOWERS (Slide 3 of 3) •1 parking space required and provided •2 previous Notices of Violation issued for operation without CUP; advertisement active •1 letter of opposition noting concerns about prior STR operation without a CUP PATRICK A. BOWERS | 13 ITEM 4 – CRAIG & APRIL DEAN(Slide 1 of 3) City Council: District 6 (Remick) Location: 404 21st Street, Unit C CONDITIONAL USE PERMIT (SHORT TERM RENTAL) Staff Recommends Approval Planning Commission voted 11 to 0 to recommend Approval 14 ITEM 4 – CRAIG & APRIL DEAN (Slide 2 of 3) •Request for a Conditional Use Permit to operate a 3-bedroom Short Term Rental •Short Term Rental proposed for the single-family dwelling on the site •2 unit apartment on site is not a subject of this application CRAIG & APRIL DEAN | 15 ITEM 4 – CRAIG & APRIL DEAN (Slide 3 of 3) •3 parking spaces are required for the STR—2 provided on site, 1 leased from adjacent commercial parking lot •No prior zoning complaints, not currently advertised, and last known documented rental Aug. 4, 2022 •No known opposition CRAIG & APRIL DEAN | 16 ITEMS 5, 6, & 7 – CRAIG & APRIL DEAN (Slide 1 of 3) City Council: District 6 (Remick) Location: 2003 Mediterranean Avenue, Unit A, B1, & B2 CONDITIONAL USE PERMIT (SHORT TERM RENTAL) Staff Recommends Approval Planning Commission voted 11 to 0 to recommend Approval 17 ITEMS 5, 6, & 7 – CRAIG & APRIL DEAN (Slide 2 of 3) •Request for a Conditional Use Permit to operate 3 Short Term Rentals •4-bedroom unit •3-bedroom unit •1-bedroom unit •Notice of Violation issued in May 2023 for operation of a Short Term Rental without a CUP •Not currently advertised, last known rental September 2023 CRAIG & APRIL DEAN | 18 ITEMS 5, 6, & 7 – CRAIG & APRIL DEAN (Slide 3 of 3) •8 parking spaces required and provided on site •1 letter of opposition citing concerns about the amount of Short Term Rentals in the area, parking, and concern regarding impact to property values CRAIG & APRIL DEAN | 19 20 ITEMS 8 & 9 – CITY OF VIRGINIA BEACH (Slide 1 of 5) Item 8 – City of Virginia Beach An Ordinance to amend Section 201 of the City Zoning Ordinance pertaining to yards Item 9 – City of Virginia Beach An Ordinance to delete City Code Section 8-31.1 pertaining to fences and walls CODE AMENDMENTS Staff Recommends Approval Planning Commission voted 11 to 0 to recommend Approval ITEMS 8 & 9 – CITY OF VIRGINIA BEACH (Slide 2 of 5) •Section 201(e) of the Zoning Ordinance regulates fence placement, material, and height. •Maximum height of 8 feet, 4 feet when in the front yard or within 10 feet of the right-of-way in a side yard adjacent to a street. •No fence closer than 5 feet to a right-of-way; however, 4-foot fence that is 50% opaque and made of maintenance free materials can be on the property line. •Fences within 10 feet of the right-of-way require Category I landscaping. •Nonconforming fences located within 30 feet and substantially parallel to the right-of-way may not be extended, enlarged, or reconstructed. Only minor repairs permitted, not more than 10% of the length of the fence. CITY OF VIRGINIA BEACH | 21 ITEMS 8 & 9 – CITY OF VIRGINIA BEACH (Slide 3 of 5) •On February 5, 2019, City Council approved a text amendment to require a permit for any new fences or repairs to over 50% of the length of the fence •Number of fence permits issued by the zoning office increased from an average of 18 to 268 fence permits per month CITY OF VIRGINIA BEACH | 22 ITEMS 8 & 9 – CITY OF VIRGINIA BEACH (Slide 4 of 5) •On July 1, 2023, the Zoning Administrator made a policy amending when a permit is required •A fence permit no longer needed if: •Property is in a residential or agricultural district •Accessory to a single-family residence •On an interior lot •No closer than 30 feet to a right-of-way •No taller than 4 feet in the front yard and 8 feet in any other yard •The number of fence permits decreased to 22 permits per month CITY OF VIRGINIA BEACH | 23 ITEMS 8 & 9 – CITY OF VIRGINIA BEACH (Slide 5 of 5) Proposed text amendment accomplishes three things: 1.Makes the Zoning Ordinance consistent with current zoning policy which requires a fence permit only when a fence is located within 30 feet of the right-of-way. (Item 8) 2.Requires that the finished side of the fence face the right-of-way. (Item 8) 3.Removes Section 8.31.1 from the City Code and moves the requirements for a fence permit and applicable fees to Section 201(e) of the Zoning Ordinance. (Item 9) CITY OF VIRGINIA BEACH | 24