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PENDING PLANNING ITEMS 4.29.2025PLANNING ITEMS MAY 20TH CITY COUNCIL MEETING APRIL 29, 2025 1 SUMMARY – May 20th (Slide 1 of 3) 12 Planning Items Scheduled for City Council’s Consideration ITEMS 1 & 2: Millwood Associates, LLC & Redeemer Presbyterian Church •Subdivision Variance (Section 4.4 (b) of Subdivision Regulations) •Conditional Use Permit (Religious Use) •Recommended for Approval by Planning Commission & Staff ITEM 3 : City of Virginia Beach •Modification of Conditions (Borrow Pit-Fill) •Recommended for Denial by Planning Commission & Recommended for Approval by Staff ITEM 4 : Brian D. & Ladonna Smith •Conditional Rezoning (B-2 Community Business District to Conditional R-10 Residential District) •Recommended for Approval by Planning Commission & Staff 2 SUMMARY – May 20th (Slide 2 of 3) 12 Planning Items Scheduled for City Council’s Consideration ITEM 5: Erica Fritz •Conditional Use Permit (Commercial Kennel) •Recommended for Approval by Planning Commission & Staff ITEM 6 : Ascent Building, LLC •Conditional Use Permit (Religious Use) •Recommended for Denial by Planning Commission & Recommended for Approval by Staff ITEM 7 : Dawn Federovich •Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) •Recommended for Approval by Planning Commission & Staff 3 SUMMARY – May 20th (Slide 3 of 3) 12 Planning Items Scheduled for City Council’s Consideration ITEM 8 : Auto Glass & Sunroof Repair & Water Leak Corp. •Conditional Use Permit (Auto Repair Garage) •Recommended for Approval by Planning Commission & Staff ITEM 9 : Patrick Bowers •Conditional Use Permit (Short Term Rental) •Recommended for Denial by Planning Commission & Approval by Staff ITEMS 10, 11, & 12 : Sumesh Nair •Conditional Use Permit (Short Term Rental) •Recommended for Approval by Planning Commission & Staff 4 ITEMS 1 & 2 – MILLWOOD ASSOCIATES, LLC & REDEEMER PRESBYTERIAN CHURCH (Slide 1 of 6) City Council: District 8 (Cummings) Location: 2307 Millwood Road SUBDIVISION VARIANCE (SECTION 4.4 (B) OF SUBDIVISION REGULATIONS) & CONDITIONAL USE PERMIT (RELIGIOUS USE) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 5 ITEMS 1 & 2 – MILLWOOD ASSOCIATES, LLC & REDEEMER PRESBYTERIAN CHURCH (Slide 2 of 6) •Request for a Subdivision Variance for lot width & a Conditional Use Permit for a Religious Use •Seeks to create a separate lot, identified as Parcel A •Proposed Parcel A deficient in lot width •Lot width – 100 feet required, 35.2 feet proposed •Actual lot width—65.2 feet •30-foot VEPCO Easement on site cannot be counted towards lot width, reducing the calculated lot width from 65.2 feet to 35.2 feet MILLWOOD ASSOCIATES LLC & REDEEMER PRESBYTERIAN CHURCH | 6 ITEMS 1 & 2 – MILLWOOD ASSOCIATES, LLC & REDEEMER PRESBYTERIAN CHURCH (Slide 3 of 6) •Phased development to include demolition of the existing A-frame building on the site and construction of a 2-story, 11,584 sf church •Deviation request to minimum lot area requirements for Religious Use •3 acres required •Parcel A is approx. 2.4 acres •Existing pond cannot be counted towards lot area, resulting in calculated lot area of 1.9 acres •45 parking spaces required; 62 provided MILLWOOD ASSOCIATES LLC & REDEEMER PRESBYTERIAN CHURCH | 7 ITEMS 1 & 2 – MILLWOOD ASSOCIATES, LLC & REDEEMER PRESBYTERIAN CHURCH (Slide 4 of 6) •Proposed to be developed in 3 phases •Phase 1: Existing A-frame building retained; additions to expand existing sanctuary, add restrooms, construct a portion of the fellowship hall, and build portion of the new parking area immediately to the north of the building for a total of 33 spaces for 125 seat temporary sanctuary •Phase 2: 1st and 2nd floor of fellowship hall, classroom space completed, and additional 12 parking spaces to be installed to the west of the building for a total of 45 spaces for 140 seat temporary sanctuary •Phase 3: A-frame structure demolished; new 224-seat sanctuary constructed, finish parking lot by adding 10 spaces west of Fellowship Hall and 7 spaces along the entry drive for a total of 62 spaces MILLWOOD ASSOCIATES LLC & REDEEMER PRESBYTERIAN CHURCH | 8 ITEMS 1 & 2 – MILLWOOD ASSOCIATES, LLC & REDEEMER PRESBYTERIAN CHURCH (Slide 5 of 6) •Building materials include vertical siding, charcoal roof shingles, and stone veneer accents •Height deviation requested •Maximum height in R-10—35 feet •Maximum height proposed– 38 feet, 9 inches •Main portion of building is 30 feet, 9 inches; steeple adds additional 8 feet MILLWOOD ASSOCIATES LLC & REDEEMER PRESBYTERIAN CHURCH | 9 ITEMS 1 & 2 – MILLWOOD ASSOCIATES, LLC & REDEEMER PRESBYTERIAN CHURCH (Slide 6 of 6) •6-foot-tall monument sign proposed at the corner of N. Great Neck Road and Millwood Road; 4 square foot directional sign proposed at driveway entrance •Condition 11 added to ensure outdoor trash receptacles or dumpsters are restricted to locations acceptable to City Staff •3 letters of opposition stating concerns regarding parking, safety, and increased traffic MILLWOOD ASSOCIATES LLC & REDEEMER PRESBYTERIAN CHURCH | 10 ITEM 3 – CITY OF VIRGINIA BEACH (Slide 1 of 3) City Council: District 6 (Remick) Location: 560 Oceana Boulevard MODIFICATION OF CONDITIONS (BORROW PIT-FILL) Staff Recommends Approval Planning Commission voted 9 to 0 with 1 Abstention to recommend Denial 11 ITEM 3 – CITY OF VIRGINIA BEACH (Slide 2 of 3) •Request for a Modification of Conditions for Borrow Pit-Fill •In 2016, excavation operations concluded, and the pit was transformed into a lake •Lake is not considered stormwater management BMP – no defined inlet or outlet •City acquired property in 2017 •Seeking to fill lake with materials from public dredging operations, specifically from navigation channels and stormwater facilities •No excavation operations proposed for site •Hours of operation: •7:00 a.m. to 7:00 p.m., 7 days a week CITY OF VIRGINIA BEACH | 12 ITEM 3 – CITY OF VIRGINIA BEACH (Slide 3 of 3) •Fill operations expected to be complete by 2035 •Recommended Conditions: •Maximum of 40 truck trips per day •Vegetated berm along Oceana Boulevard & mature trees to the south to remain •3 monitoring wells to be installed •Site to be restored into a vegetated green space •Condition 11 added by Planning Commission to require installation of a truck wash station on site •3 speakers in opposition stating concerns with flooding & potential impacts to private drinking water wells CITY OF VIRGINIA BEACH | 13 ITEM 4 – BRIAN D. & LADONNA SMITH (Slide 1 of 4) City Council: District 9 (Schulman) Location: 1549 Bradford Road CONDITIONAL REZONING (B-2 COMMUNITY BUSINESS DISTRICT TO CONDITIONAL R-10 RESIDENTIAL DISTRICT) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 14 ITEM 4 – BRIAN D. & LADONNA SMITH (Slide 2 of 4) •Request to conditionally rezone site from B-2 to Conditional R-10 •Site currently developed with single-family home constructed in 1955 & detached garage constructed in 1966 •Considered nonconforming use, residential uses not permitted in B-2 district BRIAN D. & LADONNA SMITH | 15 ITEM 4 – BRIAN D. & LADONNA SMITH (Slide 3 of 4) •Seeks to demolish existing home on site to construct a new single- family home •Existing detached garage in rear of property to remain BRIAN D. & LADONNA SMITH | 16 ITEM 4 – BRIAN D. & LADONNA SMITH (Slide 4 of 4) •New single-family dwelling required to comply with all dimensional requirements in R-10 Residential District •Deviation request to building setbacks •Reduce the rear yard setback to 4.5 feet instead of 10 feet to retain existing detached garage •No known opposition BRIAN D. & LADONNA SMITH | 17 ITEM 5 – ERICA FRITZ (Slide 1 of 3) City Council: District 2 (Henley) Location: 2738 Salem Road CONDITIONAL USE PERMIT (COMMERCIAL KENNEL) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 18 ITEM 5 – ERICA FRITZ (Slide 2 of 3) •Request for a Conditional Use Permit for a Commercial Kennel •Proposed 819 sf kennel; fully enclosed, soundproofed, heated, and air conditioned •Permit request for up to 10 dogs; not including applicant’s personal dogs •Pick up/drop off by appointment only •Drop off times: 7:30 a.m. to 10:30 a.m. •Pick up times: 4:00 p.m. to 7:00 p.m. ERICA FRITZ | 19 ITEM 5 – ERICA FRITZ (Slide 3 of 3) •Proposed 4,000 sf dog run •2,500 sf to be cleared and turfed •1,500 sf to remain forested •Attended the March 6th TA/ITA CAC; Committee supportive of request •No known opposition ERICA FRITZ | 20 ITEM 6 – ASCENT BUILDING, LLC (Slide 1 of 3) City Council: District 6 (Remick) Location: 941 Laskin Road CONDITIONAL USE PERMIT (RELIGIOUS USE) Staff Recommends Approval Planning Commission voted 5 to 5 to recommend Denial 21 ITEM 6 – ASCENT BUILDING, LLC (Slide 2 of 3) •Proposal to repurpose the existing theater for a church with an 802- seat sanctuary •160 parking spaces required; 284 provided ASCENT BUILDING, LLC | 22 ITEM 6 – ASCENT BUILDING, LLC (Slide 3 of 3) •Minor aesthetic changes proposed to building exterior •408 letters of support received •18 letters of opposition received citing concerns about traffic, a desire to save the movie theater, and economic impacts •Planning Commission: •11 speakers in support •11 speakers in opposition stating concerns related to loss of tax revenue and traffic impacts ASCENT BUILDING, LLC | 23 ITEM 7 – DAWN FEDEROVICH (Slide 1 of 3) City Council: District 7 (Jackson-Green) Location: 6365 Colby Way CONDITIONAL USE PERMIT (HOME-BASED WILDLIFE REHABILITATION FACILITY) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 24 ITEM 7 – DAWN FEDEROVICH (Slide 2 of 3) •Request for a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to care for birds of prey and crows •Operation to be limited to the attached garage, no outside cages proposed •Use regulated by Virginia Department of Wildlife Resources (VDWR) & U.S. Fish and Wildlife Services DAWN FEDEROVICH | 25 ITEM 7 – DAWN FEDEROVICH (Slide 3 of 3) •No more than 2 birds to be cared for at one time •Birds to be kept within enclosures within the attached garage •Birds delivered to home by Nature’s Nanny Wildlife Rehabilitation and transferred back to rehabilitator before release off site •Hours of operation: •7:00 a.m. to 9:00 p.m., seven days a week •1 speaker in opposition noting safety concerns DAWN FEDEROVICH | 26 ITEM 8 – AUTO GLASS & SUNROOF REPAIR & WATER LEAK CORP. (Slide 1 of 3) City Council: District 4 (Ross-Hammond) Location: 5033 Cleveland Street CONDITIONAL USE PERMIT (AUTOMOBILE REPAIR GARAGE) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 27 ITEM 8 – AUTO GLASS & SUNROOF REPAIR & WATER LEAK CORP. (Slide 2 of 3) •Request for a Conditional Use Permit for an Automobile Repair Garage •Operating an auto glass business within a 2,700 sf existing building •Up to 2 employees •Hours of operation •8:00 a.m. to 5:00 p.m., Monday – Friday •9:00 a.m. to 2:00 p.m. on Saturday AUTO GLASS & SUNROOF REPAIR & WATER LEAK CORP. | 28 ITEM 8 – AUTO GLASS & SUNROOF REPAIR & WATER LEAK CORP. (Slide 3 of 3) •3 parking spaces required; 10 provided •Located in the Central Village District of the Pembroke Strategic Growth Area (SGA) •Appropriate interim use •Planning Commission recommended approval with expiration after 3 years, instead of 5 years as recommended by Staff •No known opposition AUTO GLASS & SUNROOF REPAIR & WATER LEAK CORP. | 29 ITEM 9 – 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 30 ITEM 9 – 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 | 31 ITEM 9 – 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 | 32 ITEMS 10, 11, & 12 – SUMESH NAIR (Slide 1 of 4) City Council: District 6 (Remick) Location: 514 22nd Street, Units 100, 200, & 300 CONDITIONAL USE PERMIT (SHORT TERM RENTAL) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 33 ITEMS 10, 11, & 12 – SUMESH NAIR (Slide 2 of 4) •Request for a Conditional Use Permit to operate 3, 4-bedroom Short Term Rentals •No prior Zoning Complaints •No prior advertisements or rentals SUMESH NAIR | 34 ITEMS 10, 11, & 12 – SUMESH NAIR (Slide 3 of 4) •12 parking spaces required; 4 per unit •6 spaces provided on site •Intent to Lease Off-Site Parking Agreement provided for 6 off-site parking spaces at a commercial parking lot on Arctic Avenue SUMESH NAIR | 35 ITEMS 10, 11, & 12 – SUMESH NAIR (Slide 4 of 4) •1 letter of opposition received citing concerns about other Short Term Rentals owned by the applicant not part of application SUMESH NAIR | 36