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HomeMy WebLinkAboutPending Planning ItemsPLANNING ITEMS OCTOBER 7TH & OCTOBER 21ST CITY COUNCIL MEETINGS SEPTEMBER 23, 2025 1 SUMMARY – October 7TH (Slide 1 of 3) 11 Planning Items Scheduled for City Council’s Consideration ITEMS 1 & 2: Concorde Apts, LP •Subdivision Variance (Section 4.4(b) of Subdivision Regulations) •Conditional Rezoning (I-1 Light Industrial District to Conditional A-36 Apartment District) •Recommended for Approval by Planning Commission & Staff ITEMS 3 & 4: West Neck Community Association, INC. •Modification of Proffers •Conditional Use Permit (Outdoor Recreational Facility) •Recommended for Approval by Planning Commission & Staff ITEM 5: SS Newtown LLC - DBA (Arrowhead Car Care) •Conditional Rezoning (R-7.5 Residential District to Conditional A- 24 Apartment District) •Recommended for Approval by Planning Commission & Staff ITEM 6: The Church in Virginia Beach •Conditional Use Permit (Religious Use) •Recommended for Approval by Planning Commission & Staff 2 SUMMARY – October 7TH (Slide 2 of 3) 11 Planning Items Scheduled for City Council’s Consideration ITEM 7: Jay Erny •Conditional Use Permit (Alternative Residential Development) •Recommended for Approval by Planning Commission & Staff ITEM 8: Mark & Somer Brown •Conditional Use Permit (Outdoor Recreational Facility) •Recommended for Approval by Planning Commission & Staff ITEM 9: Michael Bacle •Conditional Use Permit (Firewood Preparation Facility) •Recommended for Approval by Planning Commission & Staff ITEM 10: Belinda Gail Hill •Conditional Use Permit (Home-Based Wildlife Rehabilitation Center) •Recommended for Approval by Planning Commission & Staff 3 SUMMARY – October 7TH (Slide 3 of 3) 11 Planning Items Scheduled for City Council’s Consideration ITEM 11: Juxhin Eugene Sela •Conditional Use Permit (Short Term Rental) •Recommended for Approval by Planning Commission & Staff 4 ITEMS 1 & 2 – CONCORDE APTS, LP (Slide 1 of 4) City Council: District 4 (Ross-Hammond) Location: Parcel directly southwest of 5945 Burton Station Road SUBDIVISION VARIANCE (Section 4.4(b) of Subdivision Regulations) CONDITIONAL REZONING (I-1 Light Industrial District to Conditional A-36 Apartment District) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 5 ITEMS 1 & 2 – CONCORDE APTS, LP (Slide 2 of 4) •Request to conditionally rezone an approximately 6.26-acre parcel adjacent to Norfolk Premium Outlets •Subdivision variance required since site does not have direct access from a public street •Required lot width: 200 feet; 0 feet proposed •Required street line frontage: 160 feet; 0 feet proposed •Currently undeveloped & mostly wooded •Located within the Burton Station Strategic Growth Area (SGA) CONCORDE APTS, LP | 6 ITEMS 1 & 2 – CONCORDE APTS, LP (Slide 3 of 4) •180 multi-family units proposed; 28.75 units per acre •Easement granted for access to Premium Outlets Boulevard and through the adjacent parking lot •Stormwater to be handled with regional BMP on the parcel to the south •327 parking spaces required and provided onsite •11 bicycle spaces required; 16 spaces provided •Required building foundation, streetscape, and interior parking lot plantings provided CONCORDE APTS, LP | 7 ITEMS 1 & 2 – CONCORDE APTS, LP (Slide 4 of 4) •Four, four-story buildings proposed with a maximum height of 58 feet 2 inches •Materials include a mix of brick, board & batten siding, vinyl siding, and architectural shingles •Rents consistent with established affordability standards for workforce housing in Virginia Beach •No known opposition CONCORDE APTS, LP | 8 ITEMS 3 & 4 – WEST NECK COMMUNITY ASSOCIATION, INC. (Slide 1 of 3) City Council: District 2 (Henley) Location: Parcel east of 3072 Signature Circle MODIFICATION OF PROFFERS CONDITIONAL USE PERMIT (Outdoor Recreational Facility) Staff Recommends Approval Planning Commission voted 9 to 0 with 1 abstention to recommend Approval 9 ITEMS 3 & 4– WEST NECK COMMUNITY ASSOCIATION, INC. (Slide 2 of 3) •Modification of Proffers and a Conditional Use Permit for an Outdoor Recreational Facility •2004 Modification of Proffers designated the site for a multi- purpose building •Proposing 2 pickleball courts, spectator seating, sidewalks, and a stormwater management facility •Exclusively for the use of residents of the Villages at West Neck WEST NECK COMMUNITY ASSOCIATION, INC. | 10 ITEMS 3 & 4– WEST NECK COMMUNITY ASSOCIATION, INC. (Slide 3 of 3) •Parking provided at the West Neck Community Hall to the west of the courts •Located within Transition Area; chose not to present to the Transition Area/Interfacility Traffic Area Citizens Advisory Committee (TA/ITA CAC) •Planning Commission added a condition to limit hours to 8:00 a.m. to 8:00 p.m. •No known opposition WEST NECK COMMUNITY ASSOCIATION, INC. | 11 ITEM 5 – SS NEWTOWN LLC - DBA (ARROWHEAD CAR CARE) (Slide 1 of 3) City Council: District 1 (Hutcheson) Location: 5773 Arrowhead Drive, Suite 107 CONDITIONAL USE PERMIT (Automobile Repair Garage) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 12 ITEM 5 – SS NEWTOWN LLC - DBA (ARROWHEAD CAR CARE)(Slide 2 of 3) •Request for a Conditional Use Permit for an Automobile Repair Garage •General automotive repair and maintenance services •Proposed hours of operation: •10:00 a.m. to 7:00 p.m., Monday - Saturday SS NEWTOWN LLC - DBA (ARROWHEAD CAR CARE) | 13 ITEM 5 – SS NEWTOWN LLC - DBA (ARROWHEAD CAR CARE)(Slide 3 of 3) •2 employees anticipated •2 parking spaces required; 4 provided •13-inch sign on suite door; no additional changes proposed •Located in the Newtown Strategic Growth Area (SGA); recommended 5-year expiration •No known opposition SS NEWTOWN LLC - DBA (ARROWHEAD CAR CARE) | 14 ITEM 6 – THE CHURCH IN VIRGINIA BEACH (1 of 4) City Council: District 1 (Hutcheson) Location: 5263 Greenwich Road CONDITIONAL USE PERMIT (Religious Use) Staff Recommends Approval Planning Commission voted 9 to 0 to recommend Approval 15 ITEM 6 – THE CHURCH IN VIRGINIA BEACH(Slide 2 of 4) •Request for a Conditional Use Permit for a Religious Use •10,500 sf, 2 ½ story building with 200-seat sanctuary •1,500 sf covered pavilion to the east of the main building •Deviation requested from the minimum lot area requirements for Religious Use •3 acres required; 1.59 acres provided •40 parking spaces required; 51 spaces provided THE CHURCH IN VIRGINIA BEACH | 16 ITEM 6 – THE CHURCH IN VIRGINIA BEACH (Slide 3 of 4) •40-foot building height proposed; 75-foot maximum height in the O-2 District •Hours of operation: •Sundays: 10:00 a.m. to 12:00 noon •Wednesdays: 7:30 p.m. to 9:00 p.m. THE CHURCH IN VIRGINIA BEACH | 17 ITEM 6 – THE CHURCH IN VIRGINIA BEACH (Slide 4 of 4) • 5-foot-tall freestanding sign proposed with required landscaping around base •Public Works variance required due to insufficient space to provide a commercial entrance •Condition added by the Planning Commission to include a 5-foot sidewalk on the west of the entrance with an ADA-compliant ramp •3 speakers at the Planning Commission hearing in support of the request •No known opposition THE CHURCH IN VIRGINIA BEACH | 18 ITEM 7 – JAY ERNY (SLIDE 1 of 4) City Council: District 2 (Henley) Location: 1524 Gum Bridge Road CONDITIONAL USE PERMIT (Alternative Residential Development) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 19 ITEM 7 – JAY ERNY (Slide 2 of 4) •Request for a Conditional Use Permit for an Alternative Residential Development •Section 405 of the Zoning Ordinance allows City Council to grant a CUP to allow residential density greater than that which is permitted by right •Density is dependent on the suitability of the soils JAY ERNY | 20 ITEM 7 – JAY ERNY (Slide 3 of 4) •Seeks to subdivide Parcel A into two lots: •Parcel A1: 37.45 acres •Parcel A2: 10 acres •Approximately 14 acres of the property are located in the AE flood zone and the Floodplain Subject to Special Restrictions •Cannot be used to calculate the allowable density JAY ERNY | 21 ITEM 7 – JAY ERNY (Slide 4 of 4) •Based on the soil types present on site, only two dwelling units are permitted •One single-family dwelling proposed per lot, each approximately 4,800 sf in size •Condition added to ensure home styles meet the Rural Area Design Guidelines for single-family dwellings •No known opposition JAY ERNY | 22 ITEM 8 – MARK & SOMER BROWN (Slide 1 of 5) City Council: District 2 (Henley) Location: 5917 Blackwater Road CONDITIONAL USE PERMIT (Outdoor Recreation Facility) Staff Recommends Approval Planning Commission voted 8 to 1 to recommend Approval 23 ITEM 8 – MARK & SOMER BROWN (Slide 2 of 5) •Request for a Conditional Use Permit(CUP) for an Outdoor Recreation Facility to operate a dirt bike track and training facility •Parcel created via Alternative Residential Development CUP in 2009 •Rear portion of the parcel, approximately 18 acres, subject to an agricultural use easement MARK & SOMER BROWN | 24 ITEM 8 – MARK & SOMER BROWN (Slide 3 of 5) •Staff recommended conditions: •No more than 12, one-day camps per year •1 individual/small group lesson permitted per week with no more than 3 children per lesson •Operation limited to 8:00 a.m. to 8:00 p.m. •No amplified music or outdoor lighting permitted •Portable restrooms to be provided during camps and removed afterwards •Vehicles limited to designated parking area •No more than 40 students on property at a time •Site plan required for improvements •Concrete apron to be installed MARK & SOMER BROWN | 25 ITEM 8 – MARK & SOMER BROWN (Slide 4 of 5) •Conditions modified by Planning Commission: •No more than 20, one-day camps per year •2 individual/small group lessons permitted per week with no more than 5 children per lesson •Removed condition to require installation of concrete apron MARK & SOMER BROWN | 26 ITEM 8 – MARK & SOMER BROWN (Slide 5 of 5) •Support •22 letters of support •Petition of support with 172 signatures •2 speakers at Planning Commission •Opposition •2 letters of opposition •1 speaker at Planning Commission MARK & SOMER BROWN | 27 ITEM 9 – MICHAEL BACLE (SLIDE 1 of 3) City Council: District 2 (Henley) Location: Parcel directly southeast of 1625 Indian River Road CONDITIONAL USE PERMIT (Firewood Preparation Facility) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 28 ITEM 9 – MICHAEL BACLE (Slide 2 of 3) •Request for a Conditional Use Permit (CUP) for a Firewood Preparation Facility •Notice of Violation for operation without a CUP issued in January 2025 •Proposed hours of operation 7:00 a.m. to 8:00 p.m. Monday through Sunday MICHAEL BACLE | 29 ITEM 9 – MICHAEL BACLE (Slide 3 of 3) •Commercial entrance to be installed •Temporary operation; conditioned to 1-year if approved, after which the site is to be replanted •No known opposition •Condition added by the Planning Commission that no material shall be brought to the site for processing MICHAEL BACLE | 30 ITEM 10 – BELINDA GAIL HILL (SLIDE 1 of 3) City Council: District 9 (Schulman) Location: 709 De Laura Lane CONDITIONAL USE PERMIT (Home-Based Wildlife Rehabilitation Center) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 31 ITEM 10 – BELINDA GAIL HILL (Slide 2 of 3) •Request for a Conditional Use Permit to operate a Home-Based Wildlife Rehabilitation Center •The applicant proposes to care for small mammals •The use will occur solely within a designated room inside the house; no interior or exterior modifications are proposed BELINDA GAIL HILL | 32 ITEM 10 – BELINDA GAIL HILL (Slide 3 of 3) •No more than 10 infant animals on the property at any time •Applicant licensed with the Department of Wildlife Resources (DWR) •Animals received from parent organization only, not the general public; transferred to a secondary care facility once weaned from formula •No known opposition BELINDA GAIL HILL | 33 ITEM 11 – JUXHIN EUGENE SELA (SLIDE 1 of 3) City Council: District 6 (Remick) Location: 516 22nd Street, Unit 300 CONDITIONAL USE PERMIT (Short Term Rental) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 34 ITEM 11 – JUXHIN EUGENE SELA (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 JUXHIN EUGENE SELA( | 35 ITEM 11 – JUXHIN EUGENE SELA (Slide 3 of 3) •No prior zoning complaints; site is not currently advertised •No known opposition JUXHIN EUGENE SELA( | 36 SUMMARY – October 21st (Slide 1 of 2) 6 Planning Items Scheduled for City Council’s Consideration ITEM 1: Phil M. Bonifant •Modification of Conditions •Recommended for Approval by Planning Commission & Staff ITEM 2: Ellmer Properties Virginia Beach, LLC •Modification of Conditions •Recommended for Approval by Planning Commission & Staff ITEM 3: Ellmer Properties Bonney Road, LLC •Conditional Use Permit (Bulk Storage Yard) •Recommended for Denial by Staff •Recommended for Approval by Planning Commission ITEM 4: ASC Real Estate LLC •Conditional Use Permit (Bulk Storage Yard) •Recommended for Approval by Planning Commission & Staff 37 SUMMARY – October 21st (Slide 2 of 2) 6 Planning Items Scheduled for City Council’s Consideration ITEMS 5 & 6: 5073 VIRGINIA BEACH BOULEVARD, LLC •Conditional Use Permit (Automotive Repair Garage) •Conditional Use Permit (Motor Vehicle Sales and Rentals) •Recommended for Approval by Planning Commission & Staff 38 ITEM 1- PHIL M. BONIFANT (Slide 1 of 5) City Council: District 2 (Henley) Location: 2244 & 2252 Indian River Road MODIFICATION OF CONDITIONS Staff Recommends Approval Planning Commission voted 8 to 1 to recommend Approval 39 ITEM 1– PHIL M. BONIFANT (Slide 2 of 5) •Request for a Modification of Conditions to construct a 3,080 sf greenhouse •Conditional Use Permit for an Assembly Use approved by City Council in 2016 for the operation of an event venue PHIL M. BONIFANT | 40 ITEM 1– PHIL M. BONIFANT (Slide 3 of 5) •Applicant intends to demolish the existing 3,080 sf pole barn and replace it with a greenhouse, constructed within same footprint •Events will generally occur behind the residence or inside the proposed greenhouse •No amplified music allowed outside between 10:00 p.m. and 12:00 p.m. (noon) •No events between the hours of 11:00 p.m. & 9:00 a.m. •39 parking spaces required; 70 spaces provided PHIL M. BONIFANT | 41 ITEM 1– PHIL M. BONIFANT (Slide 4 of 5) •Building height: 19 feet, 8 inches •Constructed over the existing concrete floor; dark bronze steel frame with glass •Multi-purpose use of greenhouse to include growing of fruits and vegetables, raising quail, & optional indoor event space PHIL M. BONIFANT | 42 ITEM 1– PHIL M. BONIFANT (Slide 5 of 5) •Nature and scope of operations will remain unchanged •Presented to TA/ITA CAC on August 7, 2025; received support •1 speaker in attendance; expressed no objection to the request but asked to be notified of events in advance •Condition added by the Planning Commission to require monthly notification to all property owners within one-eighth of a mile of the property PHIL M. BONIFANT | 43 ITEM 2 – ELLMER PROPERTIES VIRGINIA BEACH, LLC (Slide 1 of 4) City Council: District 4 (Ross-Hammond) Location: 3909 Virginia Beach Boulevard MODIFICATION OF CONDITIONS Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 44 ITEM 2 – ELLMER PROPERTIES VIRGINIA BEACH, LLC (Slide 2 of 4) •Request for a Modification of Conditions to construct a new car dealership •In 1987, City Council approved a Conditional Use Permit for Motor Vehicle Sales •Existing buildings to be demolished and a single new dealership building to be constructed ELLMER PROPERTIES VIRGINIA BEACH, LLC | 45 ITEM 2 – ELLMER PROPERTIES VIRGINIA BEACH, LLC (Slide 3 of 4) •108 parking spaces proposed •63 spaces for vehicle display •Vehicular storage for 9 vehicles proposed at the rear of the site •Sidewalk and crosswalk improvements are proposed to provide a connection to the parcel to the southwest •Vinyl privacy fence proposed along the rear property line adjacent to the future VB Trail •Landscaping proposed within the VB Trail right-of-way abutting the subject parcel ELLMER PROPERTIES VIRGINIA BEACH, LLC | 46 ITEM 2 – ELLMER PROPERTIES VIRGINIA BEACH, LLC (Slide 4 of 4) •Proposed building is 30-foot- tall to be finished in glass and gray composite panels with aluminum cover sheets •Located within the Rosemont Strategic Growth Area (SGA) •No known opposition ELLMER PROPERTIES VIRGINIA BEACH, LLC | 47 ITEM 3 – ELLMER PROPERTIES BONNEY ROAD, LLC (Slide 1 of 4) City Council: District 4 (Ross-Hammond) Location: 3890, 3894, & 3898 Virginia Beach Boulevard CONDITIONAL USE PERMIT (Bulk Storage Yard) Staff Recommends Denial Planning Commission voted 6 to 3 to recommend Approval 48 ITEM 3 – ELLMER PROPERTIES BONNEY ROAD, LLC (Slide 2 of 4) •Request for a Conditional Use Permit for a Bulk Storage Yard • 2.45-acre parcel located within the Rosemont Strategic Growth Area (SGA) •Storage of vehicle inventory as well as employee parking for the Priority Lexus dealership located at 3909 Virginia Beach Boulevard •Two existing billboards on site to remain ELLMER PROPERTIES BONNEY ROAD, LLC | 49 ITEM 3 – ELLMER PROPERTIES BONNEY ROAD, LLC Slide 3 of 4) •Site will not be open to the public, and no sales will occur at this location •Aluminum fence and evergreen landscaping proposed around the perimeter of the site •Additional landscaping proposed within the future Virginia Beach Trail right-of-way to the north ELLMER PROPERTIES BONNEY ROAD, LLC | 50 ITEM 3 – ELLMER PROPERTIES BONNEY ROAD, LLC Slide 4 of 4) •Condition added by Planning Commission to require an approved Encroachment Agreement for the proposed landscaping within the VB Trail right-of-way •1 speaker in opposition at the Planning Commission hearing, noting concerns with the incompatibility of the use with the proposed VB Trail ELLMER PROPERTIES BONNEY ROAD, LLC | 51 ITEM 4 – ASC REAL ESTATE LLC (MARGARET SHAIA)(SLIDE 1 of 6) City Council: District 2 (Henley) Location: 2008 Hudome Way CONDITIONAL USE PERMIT (Bulk Storage Yard) Staff Recommends Approval Planning Commission voted 7 to 3 to recommend Approval 52 ITEM 4 – ASC REAL ESTATE LLC (MARGARET SHAIA) (Slide 2 of 6) •Request for a Conditional Use Permit for a Bulk Storage Yard within the Innovation Park •Storage of finished goods waiting for pickup and delivery, and materials stored rotationally as a part of the manufacturing process ASC REAL ESTATE LLC (MARGARET SHAIA)( | 53 ITEM 4 – ASC REAL ESTATE LLC (MARGARET SHAIA) (Slide 3 of 6) •Deviation requested from the required screening for the interior portion of the bulk storage yard •8-foot privacy fence and landscaping proposed along Princess Anne Road; fencing and 4-foot landscape berm proposed along Hudome Way ASC REAL ESTATE LLC (MARGARET SHAIA)( | 54 ITEM 4 – ASC REAL ESTATE LLC (MARGARET SHAIA) (Slide 4 of 6) •Presented to TA/ITA CAC on August 7, 2025; found the proposal inconsistent with the recommendations for the area and voted to oppose the project by a vote of 7 to 2 •Presented to VBDA on June 13, 2025; received unanimous support • 11-foot wide shared-use path proposed along the eastern boundary of the site ASC REAL ESTATE LLC (MARGARET SHAIA)( | 55 ITEM 4 – ASC REAL ESTATE LLC (MARGARET SHAIA) (Slide 5 of 6) •16 letters of opposition, noted concerns with loss of open space and incompatibility with the area •Planning Commission hearing: •1 speaker in opposition noting concerns related to compatibility with the Comprehensive Plan •2 speakers in support ASC REAL ESTATE LLC (MARGARET SHAIA)( | 56 ITEM 4 – ASC REAL ESTATE LLC (MARGARET SHAIA) (Slide 6 of 6) •Planning Commission added 2 conditions: •A shared-use path conforming to the City’s Public Works Design Standards Manual, no less than 11-feet wide, with adequate landscaping, shall be constructed with this application, to the satisfaction of the City’s Parks & Recreation Department •The bulk storage yard use shall be contingent on the commencement of the construction of the building ASC REAL ESTATE LLC (MARGARET SHAIA)( | 57 ITEMS 5 & 6 – 5073 VIRGINIA BEACH BOULEVARD, LLC (Slide 1 of 4) City Council: District 4 (Ross-Hammond) Location: 245 Pennsylvania Avenue CONDITIONAL USE PERMIT (Automotive Repair Garage) & (Motor Vehicle Sales and Rentals) Staff Recommends Approval Planning Commission voted 8 to 1 to recommend Approval 58 ITEMS 5 & 6– 5073 VIRGINIA BEACH BOULEVARD, LLC (Slide 2 of 4) •Request for Conditional Use Permits for an Automobile Repair Garage and Motor Vehicle Sales and Rentals •Utilizing the existing buildings for the proposed uses •Light repair services proposed to include tune-ups, brakes, tires, and window tinting 5073 VIRGINIA BEACH BOULEVARD, LLC | 59 ITEMS 5 & 6– 5073 VIRGINIA BEACH BOULEVARD, LLC (Slide 3 of 4) •4 parking spaces required and provided •2 deviations requested: •Minimum lot size of 20,000 sf required for Motor Vehicle Rental and Sales; 18,620 sf lot size requested •Maximum 4-foot height for fence located within the front yard setback; 6-foot tall fence requested 5073 VIRGINIA BEACH BOULEVARD, LLC | 60 ITEMS 5 & 6 – 5073 VIRGINIA BEACH BOULEVARD, LLC (Slide 4 of 4) •Located in the Central Village District of the Pembroke Strategic Growth Area (SGA); interim use conditioned to 5 years •No known opposition 5073 VIRGINIA BEACH BOULEVARD, LLC | 61