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HomeMy WebLinkAboutPlanning Items Presentation to Council 05272025PLANNING ITEMS JUNE 3rd & JUNE 17TH CITY COUNCIL MEETINGS MAY 27, 2025 1 SUMMARY – June 3rd (Slide 1 of 3) 1 Planning Item Scheduled for City Council’s Consideration ITEM 1 : Dawn Federovich •Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) •Recommended for Approval by Planning Commission & Staff 2 ITEM 1 – 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 3 ITEM 1 – DAWN FEDEROVICH (Slide 2 of 3) •Deferred from May 20, 2025 Council hearing •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 | 4 ITEM 1 – 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; 1 letter of opposition received noting concerns with compliance with the HOA regulations DAWN FEDEROVICH | 5 SUMMARY – June 17 th (Slide 1 of 3) 11 Planning Items Scheduled for City Council’s Consideration ITEM 1: HWG VA BEACH, LLC •Modification of Proffers •Recommended for Approval by Planning Commission & Staff ITEM 2 : City of Virginia Beach •Modification of Conditions (Borrow Pit-Fill) •Recommended for Denial by Planning Commission & Recommended for Approval by Staff ITEMS 3 & 4: FWM Residential Rental Properties LLC •Modification of Conditions •Conditional Rezoning (R-5S Residential Single-Family District to Conditional RT-3 Resort Tourist District) •Recommended for Approval by Staff, Scheduled for June 11th Planning Commission Hearing 6 SUMMARY – June 17 th (Slide 2 of 3) 11 Planning Items Scheduled for City Council’s Consideration ITEM 5: 2501 Holland Road, LLC •Conditional Rezoning (AG-1 & AG-2 Agricultural Districts to Conditional R-10 Residential District) •Recommended for Approval by Planning Commission & Staff ITEMS 6 & 7: BT Associates, LLC •Conditional Rezoning (O-2 Office District to Conditional B-2 Business District) & Conditional Use Permit (Bulk Storage Yard) •Recommended for Approval by Planning Commission & Recommended for Denial by Staff 7 SUMMARY – June 17 th (Slide 3 of 3) 11 Planning Items Scheduled for City Council’s Consideration ITEMS 8 & 9: Virginia Beach Beacon Baptist Church & CFT NV Developments, LLC •Conditional Rezoning (R-20 Residential District to Conditional B-2 Business District) & Conditional Use Permit (Religious Use) •Recommended for Denial by Planning Commission & Recommended for Approval by Staff ITEM 10: Kenneth Leach •Conditional Use Permit (Open Air Market) •Recommended for Approval by Planning Commission & Staff ITEM 11: Colin & Skylar Miller •Conditional Use Permit (Short Term Rental) •Recommended for Approval by Planning Commission & Staff 8 ITEM 1 – HWG VIRGINIA BEACH, LLC (Slide 1 of 3) City Council: District 10 (Rouse) Location: 1808 Salem Road MODIFICATION OF PROFFERS Staff Recommends Approval Planning Commission voted 11 to 0 to recommend Approval 9 ITEM 1 – HWG VIRGINIA BEACH, LLC (Slide 2 of 3) •Request to modify a 2003 proffer agreement to reuse the former Rite-Aid for a 12,000 sf childcare education center and 2,700 sf tenant space •Proffers currently limit site to use as a drug store/retail facility •User not yet identified for tenant space •5,800 sq ft play area at the rear enclosed with a 6 ft white vinyl privacy fence proposed HWG VIRGINIA BEACH, LLC | 10 ITEMS 3 & 4 – FWM RESIDENTIAL RENTAL PROPERTIES, LLC(Slide 3 of 3) •Excess Property Request to purchase the 2 city-owned parcels, both of which are entirely over the water, approved by the City Council on May 20, 2025 •5 parking spaces required for the 10 proposed boat slips; 8 spaces provided on-site •No known opposition FWM RESIDENTIAL RENTAL PROPERTIES, LLC | 11 ITEM 5 – 2501 HOLLAND ROAD, LLC (Slide 1 of 3) City Council: District 2 (Henley) Location: 2501 Holland Road CONDITIONAL REZONING (AG-1 & AG-2 Agricultural Districts to Conditional R-10 Residential District) Staff Recommends Approval Planning Commission voted 11 to 0 to recommend Approval 12 ITEM 5 – 2501 HOLLAND ROAD, LLC (Slide 2 of 3) •Request to rezone a 12.87-acre parcel to develop a 35-lot subdivision •33 single-family lots •1 open space lot •1 stormwater management lot •Residential density of 2.56 units per acre •Proposal presented to the Joint Process Review Group; determined to conform to Article 18 2501 HOLLAND ROAD, LLC | 13 ITEM 5 – 2501 HOLLAND ROAD, LLC (Slide 3 of 3) •8% open space required; 9% or 1.20 acres proposed •Proposed house styles include a mix of high-quality materials •3 speakers at Planning Commission; noted concerns related to increased traffic, speeding of vehicles, and opposition to connections provided to adjacent neighborhoods 2501 HOLLAND ROAD, LLC | 14 ITEMS 6 & 7 – BT ASSOCIATES, LLC (Slide 1 of 4) City Council: District 3 (Berlucchi) Location: 120 South Lynnhaven Road CONDITIONAL REZONING (O-2 Office District to Conditional B-2 Community Business District) CONDITIONAL USE PERMIT (Bulk Storage Yard) Staff Recommends Denial Planning Commission voted 9 to 1 to recommend Approval 15 ITEM 6 & 7 – BT ASSOCIATES, LLC (Slide 2 of 4) •Request to rezone a 0.7-acre lot to Conditional B-2 Community Business District & a Conditional Use Permit for a Bulk Storage Yard for new vehicles •Existing office building to be demolished •New parking lot, lighting, fencing, and vegetated buffer proposed •No delivery of new vehicles directly to this site BT ASSOCIATES, LLC | 16 ITEM 6 & 7 – BT ASSOCIATES, LLC (Slide 3 of 4) •Located in the >75 dB noise zone; considered a compatible use •Site is in the Lynnhaven Strategic Growth Area (SGA); calls for non- residential mixed uses •Site is immediately adjacent to future Virginia Beach Trail •Proposed 5-foot wide sidewalk along S Lynnhaven Road BT ASSOCIATES, LLC | 17 ITEM 6 & 7 – BT ASSOCIATES, LLC (Slide 4 of 4) •Staff recommending denial due to incompatibility with the SGA Plan •Revised plan after Planning Commission to pull back fence and landscape screening to improve line of sight at entrance •No known opposition BT ASSOCIATES, LLC | 18 ITEMS 8 & 9 – VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC (Slide 1 of 6) City Council: District 5 (Wilson) Location: 2301 Newstead Drive CONDITIONAL REZONING (R-20 RESIDENTIAL DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT) MODIFICATION OF CONDITIONS Staff Recommends Approval Planning Commission voted 5 to 5 to recommend Denial 19 ITEMS 8 & 9 – VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC (Slide 2 of 6) •Request for a Modification of Conditions for the Religious Use & a Conditional Rezoning to rezone 2.44-acre portion of property to Conditional B-2 Community Business District •In 1987, a Conditional Use Permit was granted for the Religious Use, with a subsequent Modification in 2007 to add two modular classrooms VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC | 20 ITEMS 8 & 9 – VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC (Slide 3 of 6) •Church has existed on this R-20 parcel since 1990 and now seeks to sell off the eastern portion of the property for redevelopment •Deviation request to minimum lot area requirements for Religious Use •3 acres required; approximately 2.5 acres to remain •37 parking spaces required; 54 provided VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC | 21 ITEMS 8 & 9 – VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC (Slide 4 of 6) •Proposing to create 2 additional parcels: •Parcel A – 1.31 acre developed with Panda Express •Parcel B – 1.12 acre developed with undetermined fast-food restaurant •15-foot Category IV buffer provided along western and southern property lines •8-foot-tall Sherwood style vinyl fence proposed along southern property line adjacent to single-family dwellings •Typical Hours of Operation: 9:00 a.m. to 11:00 p.m., daily •Dumpster emptied between 8:00 a.m. to 8:00 p.m. VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC | 22 ITEMS 8 & 9 – VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC (Slide 5 of 6) •Right-of way dedication proposed along Newstead Drive to accommodate installation of right turn lane and new sidewalks •8-foot side path along Nimmo Parkway as recommended by the Active Transportation Plan •Parking met on proposed restaurants lots •Parcel A - 27 parking spaces required; 39 provided •Parcel B - 36 parking spaces required; 26 provided •Five bicycle racks provided on each restaurant site VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC | 23 ITEMS 8 & 9 – CFT NV DEVELOPMENTS, LLC & VIRGINIA BEACH BEACON BAPTIST CHURCH (Slide 6 of 6) VIRGINIA BEACH BEACON BAPTIST CHURCH & CFT NV DEVELOPMENTS, LLC | 24 •Building design reflects a mix of materials with a maximum height of 23 feet & 3 inches •Proffer 3 requires other proposed fast-food restaurant to use comparable quality of materials and a compatible architectural style •Noise analysis conducted by applicant; sound levels well within allowable limits as specified in the City’s Noise Ordinance •1 letter of opposition •4 speakers in opposition at the Planning Commission hearing; concerns related to traffic, rodents, reduced property values, & noise ITEM 10 – KENNETH LEACH (Slide 1 of 3) City Council: District 2 (Henley) Location: 661 Sandbridge Road CONDITIONAL USE PERMIT (Open Air Market) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 25 ITEM 10 – KENNETH LEACH (Slide 2 of 3) •Request for a Conditional Use Permit for an Open-Air Market to allow the continued operation of a standalone food truck •Other uses on site include pet grooming business and real estate office •Proposed hours of operation: Monday – Sunday, 7:00 a.m. to 4:00 p.m. KENNETH LEACH | 26 ITEM 10 – KENNETH LEACH (Slide 3 of 3) •Previous Notice of Violation issued for operation without CUP •Seating area with picnic tables provided in front of food truck •No known opposition KENNETH LEACH | 27 ITEM 11 – COLIN & SKYLAR MILLER (Slide 1 of 3) City Council: District 6 (Remick) Location: 1720 Baltic Ave CONDITIONAL USE PERMIT (Short Term Rental) Staff Recommends Approval Planning Commission voted 11 to 0 to recommend Approval 28 ITEM 11 – COLIN & SKYLAR MILLER (Slide 2 of 3) •Request for a Conditional Use Permit to operate a Short Term Rental •2-bedroom unit within the Baltic Place Condominiums •4 previously approved Conditional Use Permits for Short Term Rentals within Baltic Place COLIN & SKYLAR MILLER | 29 ITEM 11 – COLIN & SKYLAR MILLER (Slide 3 of 3) •2 parking spaces required and provided, includes 1 guest space •No prior zoning complaints, not currently advertised, and no prior rentals •No known opposition COLIN & SKYLAR MILLER | 30