Virginia Beach Planning Commission Public Hearing October 14, 2020 Ms. Oliver: 2020, Public Meeting of the Virginia Beach Planni
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Virginia Beach Planning Commission Public Hearing October 14, 2020 Ms. Oliver: 2020, Public Meeting of the Virginia Beach Planning Commission. My name is Dee Oliver and I am the Chairman of the Commission and before we get started, I have the Commissioner Inman to lead us in prayer and will be followed by the pledge led by Commissioner Horsley. Mr. Inman: Dear Heavenly Father, we come to you today thanking you for your guidance and wisdom. As we begin this hearing, guide our hearts and our minds in the spirit of fairness, right thought, and speech. Help us to remember our responsibility to serve community and with great insight, guided by understanding, wisdom, and respect for all. As we make decisions today, help us to promote the common good as we work together for the betterment of our great city. As trusted servants, we seek blessings on our deliberations and on our efforts here today. Amen. Mr. Horsley: “I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all." Ms. Oliver: Thank you Commissioners. And, now we are going to have Commissioner Klein is going to introduce the members of the Planning Commission. Ms. Klein: Thank you. We have Jack Wall, a civil engineer from the Rose Hall District. George Alcaraz, building contractor from Beach District. Don Horsley, farmer and member at large. Dee Oliver, Chairman, funeral director and member at large. David Wiener, commercial salesman from Kempsville District. Michael Inman, attorney and member at large. David Redmond, commercial real estate broker from Bayside District. Whitney Graham, real estate developer from Lynnhaven District and myself, Robin Klein, social worker from Centerville district. Ms. Oliver: Thank you, and so I am going to turn it over to Bobby Tajan, the Planning Director and he is going to introduce his Staff. Mr. Tajan: Thank you, Madam Chair. Starting with the Planning Staff, starting this side we have Waddell, Carolyn Smith, our Planning Administrator Marshall Coleman, Will Miller and Summer Peebles. We also have Tori Eisenberg with the City Attorney's Office. On the other side of the room, we also have Ashley Moss, Bill Lanfair, Kevin Kemp, clerking for us today Lynn Roenker, Carol Dozier, and the Whitney Cartwright, and as well as Deputy City Attorney Kay Wilson is with us. Ms. Wilson, just for the record, we will leave the meeting and Ms. Eisenberg will take her place as some time after the first portion of the meeting. Just also to clarify for the Commissioners, as noted, we are recording the meeting, so, that we can do the verbatim. If, as you are speaking, please turn on your microphone, so, that it can be heard and recorded for the posting. And, then when you are not speaking, please turn the microphone off, because there is feedback of spaces and ideally set up to allow for all the microphones to be on at the same time. Thank you, Madam Chair. Ms. Oliver: Thank you. So, our clerk is now going to read the rules and we will get started with that. Thank you. Ms. Roenker: Thank you, Madam Chair. The Virginia Beach Planning Commission takes pride in being fair and courteous to all parties in attendance. It is important that all involved understand how the commission normally conducts its meetings. It is equally important that everyone treat each other and the members of the Commission with respect and civility. The Commission requests that if you have a cell phone please either silence it or turn it off. This is an abbreviated explanation of the rules. The complete set of rules is located in the front of the Planning Commission Agenda. Following is the order of the business for this Public Hearing. Withdrawals and deferrals, the chairman will ask are there any requests to defer or withdraw an item on the agenda, consideration of these requests will be made first. Consent Agenda, the second order of business is the consideration of the Consent Agenda, which are those items that the Planning Commission believes are unopposed and which have favorable Staff recommendations. The Regular Agenda, the Commission will then proceed with the remaining items on the agenda. Speakers in support or opposition of an agenda item will have three minutes to speak, unless they are solely representing a large group such as the Civic League or Homeowners Association, in which case they will have 10 minutes. Please note that the actions taken by the Commission today are in the form of a recommendation to the Virginia Beach City Council. The final decision to approve or disapprove an application will be made by the City Council. The Commission thanks you for your attendance and we hope that your experience today leaves you feeling that you have been heard and treated fairly. Item # 1. ArrowFit Human Performance, LLC [Applicant] Isis & Robert Arrowsmith [Owner] Conditional Use Permit (Home Occupation) 1209 Funnell Street October 14, 2020 RECOMMENDED FOR APPROVAL - CONSENT Ms. Oliver: Thank you. So, with that we are going to get started, we do not have any items today to be withdrawn or deferred. So, we are going to move right on to our next order of business, which will be addressed those items that have been placed on the Consent Agenda and Vice Chair David Weiner is going to handle this portion. Mr. Weiner: Thank you, Madam Chair. Today we have eight items on the Consent Agenda. First one is item one, ArrowFit Human Performance, LLC a Conditional Use Permit for a Home Ocupation at 1209 Funnel Street, Council District, Bayside. Is there an applicant for this item? Please come forward. I am sorry. Please come forward. Great. Please state your name for the record. Ms. Arrowsmith: Isis Arrowsmith. Mr. Weiner: And, do you agree with all the conditions? Ms. Arrowsmith: We do. Mr. Weiner: Great. Thank you. You can have a seat, thank you. Is there any opposition to this being on a Consent Agenda? Hearing none, Mr. Redmond is going to read this into the record for us. Mr. Redmond: Thank you, Mr. Weiner. This is an application of ArrowFit Human Performance, LLC for a Conditional Use Permit for a Home Occupation, specifically for personal fitness training. The applicant intends to perform this use in a 600 square foot accessory structure meaning a shed or an outbuilding on their property in the Lakeview Park neighborhood. There are a number of conditions that protect the adjacent homeowners in the neighborhood in general. Specifically, that there is to be no amplified music that can be heard from other people. It is a very common thing to have home occupations, we do it routinely for daycare for instance and 1 other uses. There is no opposition. The Staff supports this application and the Commission concurs with its consent. Thank you, Mr. Weiner. Mr. Weiner: Thank you, sir. The next two items are the Short Term Rentals that have been put on Consent Agenda. The Planning Commission places the following applications for a Conditional Use Permit for a Short Term Rental on the Consent Agenda as these applications meet the applicable requirements of Section 241.2 of the Zoning Ordinance. Staff supports the application and there is no known opposition to this request for items number 9 and 17. And, saying that I would move for approval on the Consent Agenda items 1, 3, 6, 7, 8, 9, and 17. Ms. Oliver: Thank you. Do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Seconded by George Alcaraz. Ms. Cartwright: I will call for the vote verbally. Mr. Alcaraz. Mr. Alcaraz: AYE. Ms. Cartwright: Mr. Graham. Mr. Graham: AYE. Ms. Cartwright: Mr. Horsley. Mr. Horsley: AYE. Ms. Cartwright: Mr. Inman. Mr. Inman: AYE. Ms. Cartwright: Ms. Klein. Ms. Klein: AYE. Ms. Cartwright: Mr. Redmond Mr. Redmond: AYE. Ms. Cartwright: Mr. Wall. Mr. Wall: AYE. Ms. Cartwright: Vice Chair Weiner. 2 Mr. Weiner: AYE. Ms. Cartwright: Madam Chair Oliver. Ms. Oliver: AYE. Ms. Cartwright: By a recorded vote of nine to zero, Agenda Items 1, 3, 6, 7, 8, 9, and 17 with one condition added to agenda item number 6 have been approved by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 2. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall be conducted inside of 600 square foot accessory structure on the property. 3. No amplification of music or use of speakers shall be permitted except within the enclosed accessory structure. 4. Any sign identifying the Home Occupation shall be non-illuminated, not more than one square foot in area, and mounted flat against the accessory structure. 5. There shall be no more than one (1) employee, other than the homeowner, on the property associated with this home-based business. 3 6. There shall be no more than four (4) attendees at any one time. 7. The activities for the Home Occupation shall be limited to no earlier than 6:00 a.m. and no later than 8:00 p.m.