HomeMy WebLinkAboutPending Planning ItemsPLANNING ITEMS
SEPTEMBER 16TH CITY COUNCIL MEETING
SEPTEMBER 2, 2025
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SUMMARY – September 16th (Slide 1 of 3)
11 Planning Items Scheduled for City Council’s Consideration
ITEM 1: Donna D. Harris & Boris G. Drew
•Subdivision Variance (Section 4.4 (b) of Subdivision
Regulations)
•Recommended for Approval by Planning Commission & Staff
ITEM 2: Global Montello Group Corp.
•Change in Nonconformity
•Recommended for Approval by Planning Commission & Staff
ITEM 3: Michael L. McGlynn & Traci R. McGlynn
•Change in Nonconformity
•Recommended for Approval by Planning Commission & Staff
ITEM 4: Virginia Beach Residences, LLC
•Modification of Proffers
•Recommended for Approval by Planning Commission & Staff
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SUMMARY – September 16th (Slide 2 of 3)
11 Planning Items Scheduled for City Council’s Consideration
ITEM 5: VB FBDC LLC DBA Funny Bone Draft Cade
•Alternative Compliance
•Recommended for Approval by Planning Commission & Staff
ITEM 6: Charlese Hasan
•Conditional Use Permit (Short Term Rental)
•Recommended for Approval by Planning Commission & Staff
ITEM 7: David & Deborah Dowdy
•Conditional Use Permit (Short Term Rental)
•Recommended for Approval by Planning Commission & Staff
ITEM 8: Richard F. Davis & Richard A. Davis
•Conditional Use Permit (Short Term Rental)
•Recommended for Approval by Planning Commission & Staff
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SUMMARY – September 16th (Slide 3 of 3)
11 Planning Items Scheduled for City Council’s Consideration
ITEM 9: City of Virginia Beach
•Code Amendment
•Recommended for Approval by Planning Commission & Staff
ITEM 10: City of Virginia Beach
•Code Amendment
•Recommended for Approval by Planning Commission & Staff
ITEM 11: Ashdon Builders 1, LLC
•Appeal to Denial
•Recommended for Denial by Historical Review Board
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ITEM 1 – DONNA D. HARRIS & BORIS G. DREW (Slide 1 of 3)
City Council: District 1 (Hutcheson)
Location: 970 Whitehurst Landing Road
SUBDIVISION VARIANCE
(Section 4.4(b) of Subdivision Regulations)
Staff Recommends Approval
Planning Commission voted 10 to 0 to recommend Approval 5
ITEM 1 – DONNA D. HARRIS & BORIS G. DREW (Slide 2 of 3)
•Parcel created improperly by
Deed in 1968, plat required to
legally create the parcel
•Property zoned R-7.5;
minimum lot width of 75-feet
required
•Lot width of subject parcel is
substandard at 10 feet wide
•Variance to lot width needed
before a plat can be recorded
DONNA D. HARRIS & BORIS G. DREW | 6
ITEM 1 – DONNA D. HARRIS & BORIS G. DREW (Slide 3 of 3)
•Subject parcel shares driveway
with parcel to the north (972
Whitehurst Landing Road)
•Subdivision Variance for lot width
granted for 972 Whitehurst
Landing Road in 2007
•No known opposition
DONNA D. HARRIS & BORIS G. DREW | 7
ITEM 2 – GLOBAL MONTELLO GROUP CORP. (Slide 1 of 3)
City Council: District 6 (Remick)
Location: 1689 Laskin Road
CHANGE IN NONCONFORMITY
Staff Recommends Approval
Planning Commission voted 10 to 0 to recommend Approval 8
ITEM 2 – GLOBAL MONTELLO GROUP CORP. (Slide 2 of 3)
•Request for a Change in
Nonconformity to relocate the
existing sign on site
•Sign previously located at the
corner of the site; moved to
current location during VDOT
project
•Sign is legally nonconforming as to
height and square footage
•12-foot maximum height permitted;
existing sign is 22 feet & 7 inches tall
•Maximum permitted sign face is 32
square feet; existing sign face is 97.8
square feet
GLOBAL MONTELLO GROUP CORP. | 9
ITEM 2 – GLOBAL MONTELLO GROUP CORP. (Slide 3 of 3)
•Expansion to the
nonconformity proposed:
•Minimum required setback is 7
feet; 3-foot setback requested
•Propose new curbing and
landscaping
•Will not interfere with public
infrastructure or visibility at the
intersection
•No known opposition
GLOBAL MONTELLO GROUP CORP. | 10
ITEM 3 – MICHAEL L. MCGLYNN & TRACI R. MCGLYNN (Slide 1 of 4)
City Council: District 6 (Remick)
Location: 311 35th Street
CHANGE IN NONCONFORMITY
Staff Recommends Approval
Planning Commission voted 10 to 0 to recommend Approval 11
ITEM 3 – MICHAEL L. MCGLYNN & TRACI R. MCGLYNN (Slide 2 of 4)
•Change in Nonconformity for an addition to
a legally nonconforming single-family
dwelling
•Property developed in 1940 prior to the
Zoning Ordinance, and there are several
existing nonconformities:
•Single-family dwelling on an A-12 zoned lot
•Deficient front, side, & rear yard setbacks
•Deficient minimum lot width
•Lot coverage greater than 30% maximum
MICHAEL L. MCGLYNN & TRACI R. MCGLYNN | 12
ITEM 3 – MICHAEL L. MCGLYNN & TRACI R. MCGLYNN (Slide 3 of 4)
•Proposed improvements:
•Front porch addition
•Second story addition with a balcony at the rear
•Changes to the nonconformities:
•Front-yard setback – 13.4 foot existing; 9.6 foot
proposed; 30-foot required
•Lot Coverage – 30.8% existing; 35% proposed;
30% maximum
•No changes to the side- or rear-yard
setbacks
MICHAEL L. MCGLYNN & TRACI R. MCGLYNN | 13
ITEM 3 – MICHAEL L. MCGLYNN & TRACI R. MCGLYNN (Slide 4 of 4)
•Exterior to be refaced using cement board siding with board & batten accents
•No known opposition
MICHAEL L. MCGLYNN & TRACI R. MCGLYNN | 14
ITEM 4 – VIRGINIA BEACH RESIDENCES, LLC (Slide 1 of 6)
City Council: District 4 (Ross-Hammond)
Location: 1276 Baker Road & vacant parcel north of 1276 Baker Road
MODIFICATION OF PROFFERS
Staff Recommends Approval
Planning Commission voted 10 to 0 to recommend Approval 15
ITEM 4 – VIRGINIA BEACH RESIDENCES, LLC (Slide 2 of 6)
•Deferred from August 12, 2025 City
Council Hearing
•Modification of Proffers for 14.6-acre,
A-36 zoned property; located in the
Burton Station Strategic Growth Area
•In 2022, a Conditional Rezoning request
was approved to allow for the
development of up to 524 apartment
units
•Applicant seeks to amend the 2022
proffers to alter the site layout and
reduce the apartment units from 524 to
375, resulting in an overall density of
25.68 units per acre
VIRGINIA BEACH RESIDENCES, LLC | 16
ITEM 4 – VIRGINIA BEACH RESIDENCES, LLC (Slide 3 of 6)
•Development includes:
•5 multifamily residential
buildings
•1 maintenance building
•3 garage structures
•Carports distributed throughout
the site
•Maximum building height of 70
feet, complies with maximum
120-feet height limit permitted in
A-36
VIRGINIA BEACH RESIDENCES, LLC | 17
ITEM 4 – VIRGINIA BEACH RESIDENCES, LLC (Slide 4 of 6)
•15-foot-wide landscape buffer
proposed along the north, south,
and east property lines
•Enhanced 11-foot-wide
meandering sidewalks and
streetscape landscaping to be
installed along entire frontage
•18-foot-wide right-of-way
dedication proposed
VIRGINIA BEACH RESIDENCES, LLC | 18
ITEM 4 – VIRGINIA BEACH RESIDENCES, LLC (Slide 5 of 6)
•Deviation to 30-foot front yard
setback requirements
•Accessory garages (3.5 feet
from right-of-way)
•Compactor Enclosure (8.5 feet
from right-of-way)
•Deviation for Monument Sign
setback
•5-foot setback required; 3.5-
foot setback proposed
VIRGINIA BEACH RESIDENCES, LLC | 19
ITEM 4 – VIRGINIA BEACH RESIDENCES, LLC (Slide 6 of 6)
•Approximately 87 space reduction in
parking approved by Zoning
Administrator
•669 parking spaces required
•582 parking spaces provided
(ratio of 1.55 spaces per unit)
•Proffer added to include that 7% of
the units to be allocated as
“attainable housing units” for a
period of 10 years
•Households with annual income
not to exceed 100% of the Area
Median Income
•No known opposition
VIRGINIA BEACH RESIDENCES, LLC | 20
ITEM 5 – VB FBDC LLC DBA FUNNY BONE DRAFT CADE (Slide 1 of 3)
City Council: District 9 (Schulman)
Location: 4554 Virginia Beach Boulevard, Suite 100
ALTERNATIVE COMPLIANCE
Staff Recommends Approval
Planning Commission voted 10 to 0 to recommend Approval 21
ITEM 5 – VB FBDC LLC DBA FUNNY BONE DRAFT CADE (Slide 2 of 3)
•Existing Funny Bone sign is to
be relocated to a new location
at the redeveloped Pembroke
Mall
•Maximum square footage
permitted is 60; subject sign is
approximately 91 square feet
VB FBDC LLC DBA FUNNY BONE DRAFT CADE | 22
ITEM 5 – VB FBDC LLC DBA FUNNY BONE DRAFT CADE (Slide 3 of 3)
•The proposed sign will face a
private road and parking area
surrounded by the Pembroke
Mall anchor stores
•Existing raceway mount to be
removed, as recommended by
the Central Business District
Association’s Design Review
Committee
•No known opposition
VB FBDC LLC DBA FUNNY BONE DRAFT CADE | 23
ITEM 6 – CHARLESE HASAN (Slide 1 of 3)
City Council: District 5 (Wilson)
Location: 213 4th Street
CONDITIONAL USE PERMIT (Short Term Rental)
Staff Recommends Approval
Planning Commission voted 10 to 0 to recommend Approval 24
ITEM 6 – CHARLESE HASAN (Slide 2 of 3)
•Request for a Conditional Use Permit to
operate a Short Term Rental
•2-bedroom unit within the Windward
Landing Condominiums
•2 parking spaces required and provided on
site
CHARLESE HASAN | 25
ITEM 6 – CHARLESE HASAN (Slide 3 of 3)
•Prior Zoning complaint on the site
for operation of a STR without a
CUP; advertisement changed to a
30-day minimum stay
•No known opposition
CHARLESE HASAN | 26
ITEM 7 – DAVID & DEBORAH DOWDY (Slide 1 of 3)
City Council: District 6 (Remick)
Location: 423 21st Street
CONDITIONAL USE PERMIT (Short Term Rental)
Staff Recommends Approval
Planning Commission voted 10 to 0 to recommend Approval 27
ITEM 7 – DAVID & DEBORAH DOWDY (Slide 2 of 3)
•Request for a Conditional Use
Permit to operate a 4-bedroom
Short Term Rental
•4 parking spaces required
•2 spaces provided on site
•Intent to Lease Off-Site Parking
Agreement for 2 spaces in the
25th Street Municipal Parking
Garage
DAVID & DEBORAH DOWDY | 28
ITEM 7 – DAVID & DEBORAH DOWDY (Slide 3 of 3)
•Prior Zoning complaint for
operation without a CUP;
complaint was unsubstantiated
•Site is not currently advertised
•No known opposition
DAVID & DEBORAH DOWDY | 29
ITEM 8 – RICHARD F. DAVIS & RICHARD A. DAVIS (Slide 1 of 3)
City Council: District 6 (Remick)
Location: 304 28th Street, Unit 206
CONDITIONAL USE PERMIT (Short Term Rental)
Staff Recommends Approval
Planning Commission voted 10 to 0 to recommend Approval 30
ITEM 8 – RICHARD F. DAVIS & RICHARD A. DAVIS (Slide 2 of 3)
•Request for a Conditional Use
Permit to operate a 2-bedroom
Short Term Rental
•12 previously approved
Conditional Use Permits for
Short Term Rentals within Playa
Rana
•1 parking space required and
provided
RICHARD F. DAVIS & RICHARD A. DAVIS | 31
ITEM 8 – RICHARD F. DAVIS & RICHARD A. DAVIS (Slide 3 of 3)
•Previous Zoning complaint for
operation without CUP; complaint
was unsubstantiated
•1 letter of opposition received
citing concerns about the number
of Short Term Rentals in the area
and impacts on affordable for-sale
housing options
RICHARD F. DAVIS & RICHARD A. DAVIS | 32
ITEM 9 – CITY OF VIRGINIA BEACH (Slide 1 of 2)
An Ordinance to Amend Appendix A, Article 24, Section 2404 of the City Zoning
Ordinance pertaining to the development standards within the Western Campus
Overlay District.
CITY OF VIRGINIA BEACH | 33
ITEM 9 – CITY OF VIRGINIA BEACH (Slide 2 of 2)
•Amendment modifies the building
form standards for residential
buildings within the Western
Campus Overlay District
•Would allow a minimum ground
floor height of 10 feet for
residential buildings
•Mixed-use and nonresidential
buildings would continue to
require a minimum ground floor
height of 14 feet
CITY OF VIRGINIA BEACH | 34
ITEM 10 – CITY OF VIRGINIA BEACH (Slide 1 of 2)
An Ordinance to Amend Section 1.3, 4.3, 4.10, 6.1, 6.3, and 6.7 of the Floodplain
Ordinance pertaining to Functionally Dependent Uses, Residential Construction
Requirements and Grandfathering
CITY OF VIRGINIA BEACH | 35
ITEM 10 – CITY OF VIRGINIA BEACH (Slide 2 of 2)
The proposed amendment would:
•Allow the Floodplain Administrator to grant an administrative variance for functionally
dependent uses as defined by the Federal Emergency Management Agency (FEMA)
•Clarify the process and appeal procedure for administrative and City Council variances
•Provide relief to proposed developments that submitted plans for development
review prior to March 16, 2022, when the Ordinance was previously amended to
remove exemptions on fill for all public road projects and only allow exemptions for
Public Works or Virginia Department of Transportation (VDOT) roadways in the
Floodplain Subject to Special Restrictions
CITY OF VIRGINIA BEACH | 36
ITEM 11 – ASHDON BUILDERS 1, LLC (Slide 1 of 4)
City Council: District 2 (Henley)
Location: Peaceful Lane
APPEAL TO DENIAL FROM HISTORICAL REVIEW BOARD
(Certificate of Appropriateness)
Historical Review Board voted 5 to 0 to recommend Denial 37
ITEM 11 – ASHDON BUILDERS 1, LLC (2 of 4)
COA APPEAL : ASHDON BUILDERS 1, LLC | 38
•Appeal of the denial from the Historical Review Board (HRB) for an after-the-fact
Certificate of Appropriateness (COA) for the construction of a 6-foot-tall, white vinyl
privacy fence in the North Landing Estates subdivision on Peaceful Lane
ITEM 11 – ASHDON BUILDERS 1, LLC (Slide 3 of 4)
•March 16, 2022—COA approved for
demolition of buildings/structures
•July 17, 2024—COA approved for
construction of 7 single-family
homes (layout of models, design
characteristics, materials)
•June 3, 2025—Staff advised
applicant that the fencing installed
was not included in the 2024 COA
approval, nor was a permit issued
•June 18, 2025—HRB denied after-
the-fact COA request for vinyl fence
COA APPEAL : ASHDON BUILDERS 1, LLC | 39
ITEM 11 – ASHDON BUILDERS 1, LLC (Slide 4 of 4)
•Historical Review Board’s reason
for denial:
•The Design Guidelines for the
Historic and Cultural Districts
specifically prohibit the use of vinyl
material for fencing
COA APPEAL : ASHDON BUILDERS 1, LLC | 40