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Not have the. I want to make sure everyone is briefed and had a significant understanding of what we were doing in.

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The mission. I'm sure you're well aware that there's been a major hot topic in many localities in the state. Um, Virginia actually.

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Has the largest concentration of data centers in the world. Um, the purpose of this is kind of a who. What? I'm sorry. Virginia does have the largest concentration of data centers in the world. Uh, we do want to give you a kind of who, what, why, when, and where of data centers and their impacts from a land use perspective. Can you hear me better? Am I still coming? Okay. All right. All right. So today we're going to discuss the different data center types, uh, various impacts to the community. Uh, recent Virginia legislation, uh, data centers that we have in Norfolk, as well as other locality action and then some, future considerations. As far as data centers in Norfolk. I'll references several times, but not all data centers are the same. Um. Public perceptions. A large, several hundred thousand square foot facility. That's not always the case. Um, some can be a large room in a hospital. So there's a wide variety as far as the size and scale. Um, it does make it challenging from a regulatory standpoint, because it's kind of where's that line between, you know, what can cause impacts and what it's fine and can assimilate with the community.

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So what does the data center? The data center is a center, a facility that you used to store in-house IT infrastructure. This could include servers, firewalls, cloud applications, AI models, as well as other software and hardware components. Uh, this is not to be confused with an energy storage facility. Data centers don't store energy. They just use a lot of it. Uh, that can be one of four types. Uh, edge or modular colocation, enterprise or hyperscale. I'll talk about those in detail in the next couple slides. Most people are unaware, but Norfolk does have two small co-location facilities. We define these as office per the ordnance, and these have little to no impacts on the surrounding properties.

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The first type is their similar but different same time edge and modular. These consists of smaller data centres located in close proximity to the related business or user. These allows for users to scale based on demand. It can be temporarily positioned to meet project needs. You probably won't hear too much about these. There's a lot of these used to support Internet of things, and content delivery. Staff does not have any major concerns. These are temporary in nature.

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Next type of co-location is one of the most common types you'll see. Think of these as a self storage unit. They provide shared spaces for businesses to store and manage IT operations. And these are run by a third party, not the individual users inside Typically used for power, cooling, technical support, security and space for IT infrastructure. Some of the advantages include lower operational costs versus in-house and scalability. The size can vary, but usually typically less than 20,000ft².

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Next type of enterprise. These are private facilities owned and operated by a single organization. So instead of the co-location where you have multiple users ran by a third party, these are owned and operated by one one party, one user, typically located near or on site, and allows the ability to the user to scale and tailor the size and specifics of the operation based on their need. Common users of this are banks, universities, and hospitals. The size can range from a large room to a 40,000 square foot building. With this type, some of these can be on their larger side. This is kind of when we start to feel the impacts from a land use perspective. The picture on the right that is actually the data center from the University of Utah. They have their own enterprise data center where they keep their servers and other hardware components.

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So these are what people think of when they hear the word data center. These are the hyperscale data centers. These are colossal as can be singular multi-tenant centers for housing and managing IT operations. Usually this is a single user. Um, buildings can be one or multiple in excess of 200,000ft² and can utilize 10 to 50 acres of land. Uh, typically they're going to require the 60 megawatt or more of a power capacity, and they do need to be located near a substation or transmission lines. Um, AI campus is a term you might have heard or hear of. These are the massive hyperscale facilities that really are specific to AI running AI models. These consume a ton of power and take up a lot of space based on the impacts. These particular types, um, regards to noise, water consumption, environmental factors, and energy consumption. Staff does have concerns. If these were to be in Norfolk. Obviously with the amount of land we have, it's unlikely, but it's something we need to plan for in the future.

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Go ahead.

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So when you say Virginia has the most, is it most of these or.

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Is it the sum of all this?

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It's a sum of all of them. Yeah.

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Yeah. These are definitely one of the fastest growing types. But due to AI and kind of how technology is going. But that's a mixture of all the times. Yeah.

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All right. Some more information on data centers based on a four tier classification system. Tier four has the highest redundancy and uptime. So the higher the tier, generally, the higher the noise and energy consumption as well. So for example, the tier four system or data center is required to be functional 99.995% of the year. That's about 26 minutes of downtime a year. So obviously you increase the tier, you increase cost. Different users have different needs. So a government organization, cybersecurity probably needs a top four. Or you know, kind of goes down from there.

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All right. Several impacts and data centers both positive and negative environmental impacts include greenhouse gases from the backup generators as well as large land usage. You can see from the hyperscale facilities. Data centers do need water for cooling. Um, some of these systems have improved over the past couple of years. Um, facilities don't always need as much water, and they can recycle for a more efficient system. Um, cooling does account for about 40% of the power consumption use, though. Energy consumption. I'll discuss in the next slide. Uh, noise. This is probably what you're going to hear about from nearby residents. One of the biggest impacts, uh, mainly from the cooling fans, creates a constant low frequency hum or rumble, which a lot of times is not noticeable during the day, but only at night. Like I said, this is one of the biggest concerns raised by communities. Usually you're going to hear about 60 to 80dB. Sometimes it'll be at the property line or the data center. Sometimes it's not. Um, 68dB is roughly, um, your washing machine going? Your TV to moderate volume. And again, this can really vary. Some centers you won't hear anything. Some you'll hear in that range. But really just kind of depends on the operation. Um, unemployment numbers, as you can probably guess, aren't significantly high. Um, most employment is generated during the construction phase. Uh, once it's fully built out, expect around 15 to 25 for your hyperscale facilities and then the 5 to 15 range for your smaller colocation facilities. Uh, data centers do contribute to the tax base and can attract new companies, as most companies do want to be near the data center that they use. And there is no significant impact to schools or roads. It's one possible.

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All right.

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Uh, this is the average daily power consumption in megawatts. These numbers are extremely, very. So don't put too much emphasis. It's just a really good picture on kind of how the differences that they use. Um, based on size, some of your AI specific hyperscale facilities can exceed 10,000MW a day. And as you see down at the bottom, um, typical hyperscale can consume enough power in a day to power over 30,000 single family homes. That's a lot, uh, small scale. You're looking at about 5 to 15,000ft², uh, midsize. You're looking at 20 to 40,000ft², and then your hyperscale is usually exceed 100,000ft². So that's the power consumption. And then a rough approximate number.

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All right. Recent Virginia legislation, uh, Virginia House Bill 153 was signed into law April this year. This requires a site assessment to be conducted for the high energy use facility data centers. These are data centers that have capacity of 100MW or more. So not consumption, but capacity. Any given time, their max capacity be 100MW. This requires a noise assessment to residential units and schools within 500ft, as well as an assessment to water, agricultural parks, historic sites and forest land. This must be conducted by the applicant and is not supersede any local zoning ordinance requirement from that perspective.

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Another piece of legislation, this is with the budget that was passed, House Bill 30. Um, this is to be overseen by the State Corporation Commission and the Department Development Quality DEQ. This includes an energy consumption tax of $0.01 per kilowatt. Requires the Dec to define a water scarcity area, where data centers would be required to use water efficient cooling systems. Also authorizes the DEQ to adopt and enforce noise regulations, and also keeps the long running sales and use tax exemption for data centers in the state that's been around for quite a few years now. The picture on your right is kind of worth a thousand words. I don't know the locality, but that is in Northern Virginia. Um, there was an office loophole. I believe it's closed in most counties, but some of your largest scale were allowed to operate by. Right. Uh, being under an office use. So things are changing, though.

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Uh, here's a map of all the existing and proposed data centers in the state, large and small. So this is all the different types. It's around 650 currently. As you can see, the majority are in the northern part of the state and the I-95 corridor. Most of this is due to the fiber optic network in place and the original energy infrastructure, as well as the tech companies that are in that part of the state as well. The dark red dots looks like you probably seen pretty well. Um, they represent the pending data centers, which greatly outnumber the amount of existing facilities. Um, the reason for this is a lot of waiting. Power grid improvements and local ordinance changes are kind of in flux as well. For more oversight and regulation from localities.

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Here's a map that shows Virginia's power consumption on the countrywide level compared to the rest of the country. And as you can see, we lead the charge in power consumption and facilities. Uh, we consume about 24 terawatts a year of power of of watts of power. And like I said, we have around 650 facilities.

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Yeah.

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What is that number? Is that 17?

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Correct. 17. Yeah.

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Is that comparison with that size of the state or the population? Is that factory?

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It is.

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I mean, Texas is a great deal larger than.

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Just raw power consumption.

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I think.

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That this is much larger, and yet we still consume that much.

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More.

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And you wouldn't think that was 650 up at the top. But if I zoomed in on the top a couple of counties, you would just see how many.

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We have up there. So if you've flown into Dulles anytime recently.

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You can see.

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Them from Dulles Airport. It's just, you know, just one after another after another. And they are huge. Absolutely huge.

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This has got bigger investment in infrastructure support. So.

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All right. New mobile County action. In June, Virginia Beach city leaders.

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Said they will not entertain any future large scale data centers. Um, it's not defined in that city under a category. It's categorized under wholesale warehousing, storage and distribution. And it's permitted by right in industrial districts. Uh, as you can see on the map, Virginia Beach does have two small co-location facilities, and one is proposed. Uh, city leaders do not oppose these type of facilities, although future restrictions are likely. Uh, and these two facilities. They have their actual landing sites for the subsea cables. They're transatlantic, I believe they come from Europe and Africa, but they are fiber optic cables that do cross the ocean, and they are landing sites there in Chesapeake. July. City leaders voted to delay all land use applications related to data centers for eight months. There they are currently permitted by right and select business, industrial, office and institutional districts. And there is a proposal for a text amendment that includes a conditional use permit requirement, mitigation measures related to noise, water usage and electricity. Chesapeake does not currently have any data centers, and as you can see on this map, we do have two small colocation, which I've mentioned several times. I'll discuss those.

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Here.

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So we have two edge connects and net tech. Um the both co-location building size I couldn't quite get the number. Both of these are in shared office buildings with other tenants that aren't data centers. So the actual size of these data centers is actually much smaller. I'm not sure what that is. Um, and the zoning is BCI and then VCO, and then both are classified as office per the ordnance. And as far as staff is aware, there's no adverse effects of these two data centers we have. You wouldn't even know. They're they're driving by.

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For future considerations. I do want to point out the map you see on the right. That is the regional fiber optic ring that is in the final stages of completion might be finished. I'm not quite sure this will connect to fiber optic network, um, from the subsea cable landing sites, Virginia Beach to the five South side cities. Uh, with this, we can definitely expect more demand for data centers in the future. Um, staff does recommend further examination concerning the future data centers in Norfolk, as well as possible zoning text amendment changes. Uh, kind of define the use in distinguishing the smaller data centers that we have here with no impacts. And then your large hyperscale facilities. Limitations on size, restrictions on data centers to certain districts, conditional use permit requirements, and the creation of performance standards. Limited noise screening, water usage, perimeter buffers, and fire prevention. That's all I have.

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Any questions? S1:

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Theory. This is the first phase of multiple phases, I believe. I'm not quite sure. I mean, that's a good indicator that something might be coming. If you start seeing fiber being installed, especially large capacity. There's a regional group, um.

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That is committed to the policies.

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Right now. I'm not going to wait for this.

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But yes, this is the current build out. up.

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It does connect you to connect them to the connection cables, which are across the transmission cables. So it gives us being a direct landing point. Again, similar to Northern Virginia, it has the potential to to be another place where more more places that use that benefit from high speed data to be located. Here, it's not just data. It's not just data centers. There's plenty of other things that could be using that.

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That's what Ben Davenport started. Yes.

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That's correct.

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I think we're just waiting on it. Parker beach. I know, almost positive zone. It's just a small segment. Virginia Beach you're waiting on. It should be complete.

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How are these taxed? What is that? You know, you hear about these huge tax benefits that cities get.

52
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But what is it based on? S2:

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I think it's the it's what's. What's the one on the equipment? It's the local one. On equipment for a business sharing tools. They get that as well as the local real estate tax from it. And again because it has low impacts on the because the facility has no no impacts on roads impact on children or students. And it's just they just get the taxes from it.

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The energy consumption tax started recently or we'll start with the budget.

55
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So the four different sizes. Are there certain sizes that we are okay with? I mean because they're minimal impact.

56
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Look at it more as types because the sizes can really range within the types.

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So the modular versus the total location versus.

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Correct.

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I mean those top two are the first two.

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Seems like to.

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Me.

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That's.

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I mean nobody even knows they're are.

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There?

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Correct? As long as they're within, you know, a size that.

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Therefore that facility, therefore that hospital.

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Therefore that.

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Same with enterprise. Most enterprise employees aren't that large.

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Like that to so those.

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Top but.

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First three probably we don't.

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Again. But generally if not too big impacts aren't felt too hard.

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I think determining it based on the usage which is the state law, uh, change um, uses the term high energy use facility as the defining point. I think that's probably the easiest way just to, because that's when you go over to the, to the side where they have multiple diesel generators, and when there's a down in the grid, they'll fire up all the diesel generators that keep it running.

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Water and all.

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That of.

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Water is not as bad. The the person that tracks this for Piedmont environmental. Yeah environmental group they the water consumption isn't as bad as as now as it as everyone thought it would be because of the changes in technology. One of the biggest issues is when they flush the system out that there might be impacts, but the water consumption isn't as bad as it used to be. It's mostly just energy usage at this point, so.

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I didn't have a question about that. But you're saying that you need to have a minimal, minimal impact.

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And I wondered was water included in that? S1:

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You know, um, I absolutely supportive of being careful about our water usage and all of that. But I also don't want us to ignore the fact that we need to be savvy to attract businesses and have opportunities for businesses to have access to what they need. Um.

80
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I am so sorry. There seems to be.

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A lot of interest in, uh. I didn't know if you learned about this or they talked about this, but I've seen that doing data centers that were going to be in the ocean or in space, you know, so, I mean, I think this is a rapidly evolving, uh, program. And I just want us to not just throw the baby out with the bathwater, so to speak. Um, to keep our eyes on that. I'm sure you already are. But, uh.

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That's the balance. That's the balancing act that we've had discussing it. I mean, we all enjoy utilizing the comforts of our cell phones that have. Even if you just use your cell phone regularly using cloud storage, it's going to be you're going to be using this might forget using AI. You're using one of these facilities already. So I don't disagree. Also with the potential for tax base. There's just we just have to make sure that externality impacts are the things that we just focus on.

83
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And it does appear that they're making efforts to minimize the impact on the environment. Certainly water. And you know, I just think it's they are recognizing that there's a huge push against these. I mean, we're seeing it all over the country. So they're going to adapt to finding ways to make them more acceptable. And it's important, I think, for us to keep abreast of that.

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And that's why I asked about the data center, because I saw it on a map in an article that there were two in Norfolk. And I was like, really? I didn't know. And this was helpful in giving us the different, uh, size and scale and, um, what they do and how large they are. And I imagine because we're so built up that we probably wouldn't have the space for a hyperscale facility, I assume.

85
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Am I wrong for that? S1:

86
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Yeah, but it's on their campus. Not necessarily like we saw that hospital share.

87
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Same thing in there has one some of the larger banks and they have them as they're running all other things too. So yeah, we just I think the key is going to be the energy consumption using that larger definition and external impacts. Um, because there's a reason why we again need to let in that office because it's literally just one room. So we were impacted. I don't know if you remember when there was that big Bitcoin mining craze that happened about ten years ago. Um, and that's when we kind of came to the point of understanding, oh, all this cooling that was necessary to run all these computers on the noise effects and stuff like that. So.

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Any other questions? Thank you. I truly appreciate it.

89
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Um, well, if the commission wants, we can put an order for us to continue the work. We can put a, um, initiation for a text amendment just to start, just to continue with the work, or if not, we can pause here. Um, it's up to the commission if you want us to continue to do more research on it. It's moving forward to you.

90
00:22:47,910 --> 00:22:58,590
Well, I recognize that there was just the one inquiry, but I would rather be proactive. Unless, you know, y'all don't think this.

91
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Is that, especially with with the.

92
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Immediacy of Chesapeake working through similar and they have more open landmass than we do, but I think it's now's the perfect time.

93
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Yeah.

94
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We recommend just at least updating our definitions so that we're talking about the same thing. Everyone's talking about the same thing. And not just because right now it does the office loophole. It falls under office. In our current zoning ordinance, we just have to be aware. So yeah, we'll we'll bring it forward as an initiation at the end of the month. So yeah.

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What's the potential for locations that maybe I'm not aware of? I know in the news that the globe looked like that was a pretty big structure, a pretty big landmass there that could, could, could converge to something like that. But it'd be helpful for us to know what's the risk, I guess, of, or what are the potential spaces that a larger data centers might come into, and not that we want to publicize that, I guess. But but I think have our language come around and to Jake's point, really kind of be intentional about getting something on the books. So if we get a request and the land is there and the owner wants to sell it and everything aligns. We've got something that we can lean on.

96
00:24:24,720 --> 00:24:42,920
We'll make sure to bring that back. It'd probably be best instead of only honing in on a couple of properties. We don't want to turn it into a pitch, right? But we'll we'll grab the zoning districts that that have properties of that size and, um, in that range of sizes. And we can provide that. So it's a.

97
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Good option.

98
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Is it worth having the discussion with economic development, too, as we're working through this and trying to understand that we're not competing priorities?

99
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Yes. Yeah. That'll be part of the decision too.

100
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I mean, there is like right in the data center, the amount of wood type can go into. So anything that's legal office is.

101
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Essentially right now. I think it falls under the definition of office. So it could be in any commercial industrial zoning district, the industrial parks.

102
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There's any of those four types could in theory or in theory.

103
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We've said that if you fall. So most of them are looking at larger industrial sites. So we've said if you have external impact, there is a call out in zoning where instead if there's an external noise impact, if you're within 600ft of residential, we're holding them to say that you need to have a cup for that. It's a little bit of a stretch at the moment, but we're trying to make sure that we're being diligent about understanding the impact. So that's why we believe we need to come in and just shift around some definitions, put them in the right spot and then bring it forward like that.

104
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Very good.

105
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Thank you guys.

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This has the industrial mixed use zoning district commissioners. If you remember, we informed you of a meeting in the Chelsea industrial area of Chelsea business area, I should say. Um, that kind of kicked off a discussion about potential additional potential additional uses on industrial zone land. Um, Chris is going to provide you, um, kind of an update of where we landed from that discussion, um, in there and kind of the direction we believe we should continue to move forward and probably have an initiation at this point.

107
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Ah.

108
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No, it's already initiated. You already initiated. This is just going to give you the summary.

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So

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thanks, Bobby, and good afternoon, commissioners. Um, this is this is going to be, as I mentioned, this is on your August 27th public hearing agenda initiated last month to create a new zoning overlay district. And then as part of that, we also mentioned that rezoning of one or more properties to basically apply that new overlay district. So, um, so these are the two items on the agenda to create that overlay, which is called the Industrial mixed Use overlay district, and then the change of zoning at one particular property at 1311 Redgate Avenue, which is currently zoned light industrial. To also apply that overlay district on top of that. So some quick background. The um, and I'll just mention that this overlay district is really meant as an incremental kind of compatibility focus tool. Um, not this not a total transformation of industrial districts or anything like that, but you'll see kind of in the next couple of slides, what, what, what this entails and kind of how we see this as, as that incremental incremental tool. So just to kind of get to the origin of it, we had some interest from the Chelsea Business Association, um, earlier in the year. And they, you know, basically wanted to wanted us to explore what additional commercial uses could be, you know, could work in that district. And, you know, as we all know, there is already a healthy mix of uses They're just, you know, in that area specifically, even though it's zoned primarily industrial, there's a few commercially zoned districts there or properties there, but mainly it's either deep waterfront industrial or light industrial there. But light industrial does allow for quite a number of commercial uses. Some of them are conditional use permit. Some of them are bi, right. But there are some things that are not allowed at all, not even by conditional use permit. So they just they wanted us to kind of take a look at that and see if there was commercial uses that that might be appropriate. And then, you know, what kind of came out more specifically was more retail goods and personal service businesses, both of which are not permitted at all in the district. So as I mentioned, we had a community meeting. So we, you know, with taking that, you know, we kind of looked at some things on our own as well beforehand, but we knew that we really needed to kick this off with a community meeting because, you know, there's a lot of different stakeholders there just in that one small area with the industrial users, commercial users, various property owners, the residents whether in Chelsea or West Kent. There's just a lot of stakeholders really in that area that we wanted to try to bring to the table. So we had the meeting on June 29th to, you know, in Chelsea to to gather the feedback. And basically we just asked two questions what current uses they enjoy in the area, you know, what are the things you just enjoy right now, you know, what do you partake in and what uses would you like to add to the area? So that was kind of our way of trying to get, um, you know, a feel for what they, what they like about the area, not just the land uses, but sort of the, the atmosphere and the vibe of the area. Um, and then more specifically, what kinds of commercial uses they'd like to see there. And, um, so the themes that, you know, the major themes, I would say that came out of that are what you see here. Um, they really, uh, echo these kind of themes of the existing walkability of the area. You know, it's it's it's been like that for quite a long time. Um, but wanted to, you know, kind of retain that and that mixture of uses, just that overall the character and vibe that it has had for some time now, um, just organically really. Uh, and then but they did want, uh, I think we did hear pretty strongly that, uh, the industrial character of that area, whether it's the physical structures of the building or some of the existing employers there, um, they're very, uh, you know, very much would like to see that be retained. Um, you know, not this total transformational kind of change that, um, that would push anyone out or, um, you know, make it completely commercial. So it was trying to balance these two things, um, you know, came out that came out pretty strongly. And then again, we heard very strongly that this kind of idea of more small scale retail was, was preferred, you know, not just kind of opening the door completely and just allowing anything in. But but really the small scale kind of boutique retail and other service uses like barbershops and salons and things like that. But to try to figure out what you know, what that box or boundary looks like for those particular uses that support those employers I mentioned and provide kind of that those these commercial opportunity for residents and businesses in that area. But but that didn't tip the scales too far in that direction. And then finally that the, the you know, the parking there currently, um, you know, there's quite a bit of off there's off lot parking. Of course, it's mainly it's privately owned. And then there's, there is quite a bit of on street parking as well. But, but you know, with this mixture of industrial truck traffic, uh, residential uses very close by. And then of course, all the commercial in between just there's this, you know, concern about what, what the traffic impacts could be and kind of the, the impact and the demand on the existing street networks. And so to try to manage that and try to figure out a way that, again, to balance those different interests. So we, you know, we took that feedback back and we've had multiple meetings of staff and came up with, you know, there's there's a lot of ways, you know, there's a lot of ways you can do this in the zoning ordinance. And, you know, we probably, you know, went back and forth between a lot of different options, but we really landed on ultimately this overlay district. And actually, it's the way that this one would work is that it's actually not Chelsea specific. You know, that's where this conversation started. And but we actually as a staff also have for some time now, we've actually been working kind of sort of on our internal work program. We've been on our radar. We would like to revisit industrial, the industrial districts in general. So we've kind of had this a very similar, um, sort of idea on our, in our minds to kind of look at how to, especially with the light industrial areas or the districts. Um, you know what, how might some of this mixture, like, you're about to see, how could that work and what does that look like? And then just a as you know, in general, some industrial, uh, zoning kind of a project where we look at all of our industrial districts very much in line with what Andrew just presented on data centers. There's a lot of just uses and definitions and things like that. We want to take a look at and make sure we're set up for the future. So this was actually really good timing for us to because we you know, we kind of combined that with what we heard from the community. And this so this district, um, can be applied anywhere in the city. It's not just Chelsea specific. Um, it's what we call we like to call these floating districts. So we create them in the zoning ordinance and then, um, it doesn't, you know, except for this one particular property in this, in this request, they they aren't we aren't rezoning a bunch of properties immediately. As part of this, it's the property owners will have to opt in to the, the overlay district. Um, so in the future, if this is created, then, um, you know, we can it just provides that option for property owners to voluntarily change that zoning. Um, and then it's. So that's why it's called floating. So it exists in the ordinance. It's there for for it's an option, but we still have to go out and actually implement the district. And then it's really areas where the idea with it is it's, you know, where these light industrial areas can coexist with that small scale commercial within existing buildings. That's the other key is that it's it's really it's only meant for applying on properties with existing buildings. Not not for new construction. Um, so again, these, you know, thinking a place like Chelsea or maybe the railroad district that have existing buildings, some of which could be historic. So, um, you know, in some fashion it can be used as an adaptive reuse tool. But again, that's the main kind of point is to, um, to recognize those existing kind of districts and try to provide this kind of additional opportunity here. Um, so as far as the strict eligibility requirements that the property has to be zoned IL, so the base zoning district must be ill. That's that's the first one. Um, and then we to try to get at the parking management concern and some of the capacity concerns that we heard. The other issue, or the requirement for our property is that the each if they do rezone to this district, each existing building on that site must be able to provide one parking space per 850ft². Um, so just, you know, whatever that number comes out to be, they have to have to show that they have that on their site at a minimum. And that 850ft² is the is the parking requirement for general industrial uses in our industrial districts. So that's where that that's where the number came from. You know, the idea being we we you know, trying to provide some parking on site, you know, so the and they're not allowed to use the exemptions that we currently have in that parking chapter. So kind of uh, requiring some parking on the property to try to mitigate some of those, uh, concerns we heard. And just the general nature of, of a lot of idle districts are right next to residential neighborhoods or commercial districts, what have you, but also not being too onerous and recognizing these are mixed use, walkable districts and we don't want to require a lot of parking. Like for example, the commercial parking requirement would be much more, would require more parking if we did that. So we thought that was a good balance. Um, you know, between those different interests.

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Just for commercial parking would be more than double this.

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So this is so I just want to make sure it's one in the traditional district is one parking space for 300ft². This is one great city which is the base industrial zoning. So not trying to be onerous on the property, which is again, as Chris said, we just want to make sure it has something so that we don't have people on top of.

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Each other right.

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In it. You know, really, I think the sort of cross of this one is that the retail. So currently the only change at this moment, you know, we kind of wanted to get this started. We know there's a greater conversation to be had. Like I mentioned, we as a team, we've talked about revisiting some of our other districts. and in this one certainly can be revisited as well. We see this as kind of like a phase one, if you will, of let's get this created and provide a benefit to property owners if they opt into this, that, that we've sort of heard, you know, multiple times about and then and then sort of go from there and see if there's, there's adjustments we can make. So it's certainly can be adjusted in the future. But for now, it's just the retail goods and personal service uses that would be permitted by right up to 2000ft². Um, and we uh, and then would offer the option for a conditional use permit if it's over, then over that square footage. So we thought that was, you know, we looked at some existing buildings in Chelsea that had parking on their site. Um, and a lot of the ones that really would be eligible for this overlay district were right up to about 2000 or less. So we felt like, you know, that was a really good compromise between not, um, you know, completely opening the doors and having valuable industrial property, you know, being. Being sort of taken by, by a lot of these different commercial uses, but still allowing a. Allowing that small scale boutique retail and personal services that we really think could help support districts like this. Um, and, you know, and the employers that we see, the industrial employers as well as, um, the, you know, the neighborhoods tend to be in close proximity. So then so that's the amendment to the create the district, the actual rezoning that we have some more specifically 13, 11 red gates on the south side of Red Gate Avenue in Chelsea. Um, just basically right across from the or Pax restaurant and the tennis courts to the north. So right there at the end of the street. Um, it's a pretty, a pretty large building with, with a fair amount of parking on site. And so we, you know, we know that the Chelsea area, as far as existing conditions, it already has this kind of blend of industrial, commercial and office uses. And it's really kind of just again, this isn't just this doesn't just apply to Chelsea, the overlay. But since, you know, we have this application in front of us for this particular property. Um, you know, looking at Chelsea as a whole, it's just, um, you know, really, uh, really kind of an ideal place for that incremental mixed use growth that, this, that this overlay district could sort of help facilitate. Um, it would kind of open again or open more opportunities for small scale commercial activity without totally displacing those industrial businesses. Um, and then again, the proposal would be to, to put that overlay on top of it. Um, but the existing industrial light industrial district would remain. And so we also want to take a look at, um, the FK 2050 future land use map and how this how this property, you know, this, this application for this particular property, but also the text amendment to create the overlay district as a whole, how it aligns with the comprehensive plan. And really it varies. As you can see, it very is well aligned with the plan. So I think, you know, in general, as far as the future land use map goes, community mixed use is the place type in in Chelsea and not the entire entirety of Chelsea. You know, the waterfront operators are different. That's an innovation in production. But but you know, sort of that core Chelsea area, there is community mixed use. And you know, this really aligns strongly with with that because, you know, it's it supports this sort of neighborhood serving retail services and uses like that walkability, that transitional character. Um, in a lot of ways it can support, um, you know, the mobility kind of that multimodal mobility that, that we want to see in these community mixed use areas as well. Um, I think and then getting into actually the pillars and this is sort of a summary of, of how it aligns the pillars as well with growing equitably. It really it could it can very much support small businesses by. By just capping the by right allowance of up to 2000ft², um, generally expanding access to everyday goods and diversifying our land uses in certain areas, and again, encouraging adaptive reuse so that it very much meets that pillar. As far as celebrating our community, it's improved. It would improve the walkability of our neighborhoods, kind of our our neighborhoods are already walkable, mixed use, just kind of strengthening what we already have in these areas. Um, and then in kind of adding to that local identity, um, and then as far as connecting the city. So again, the mobility side of things, um, it's, it's encouraging walkability, more bike ability, that first and last mile access by kind of providing more of these opportunities for, uh, in this particular case, you know, residents of West Kent, you know, can certainly walk or bike to any kind of new commercial, small scale commercial opportunity that might come about in some of these properties. And then of course, we did want to reduce in that pillar. There's talk of, you know, safety of course, and reducing conflicts with freight traffic and truck traffic. So I think the overlay by, you know, requiring again, that parking on site, you know, really kind of helping to mitigate the existing truck traffic that we have there. And I think just to and then of course, for this particular application, you know, there's no they're not proposing a use or anything here. It's more just to provide the opportunity. But in general commercial and retail is a primary use in community mixed use place types. And you know, we IL district, there are a lot of IL districts out there that are in this place type some that some might be an innovation in production, some may be in here. But we know by and large there are a lot of, um, light industrial zoning districts that are in the same place type in other places in the city. So it'd be a similar analysis, but on a case by case basis. And then just finally, um, you know, we we just really see this as an implementation tool of the plan, you know, kind of enabling the flexible kind of mixed use growth in appropriate areas. Um, it preserves that industrial identity while adding those amenities I mentioned, which is that kind of gentle, incremental change that the plan envisions and community mixed use. Um, and it can help and transform into older industrial areas, into these safer, kind of more functional mixed use corridors without this large scale redevelopment that might, may otherwise be required. So. Um, that's so that that is the presentation I had, but I'd be happy to have or answer any questions for you all.

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We only have this applicant. We've reached out to multiple property owners in this area to see if they would like to be a part of this rezoning. We have not heard back from them and we did hear back from this property owner. So we were trying to make this a hey, if everyone wants to hop on, hop on board, um, this is available to you. Um, we're still working on reaching. Reaching out. There may be a subsequent rezoning coming if these other folks. Um.

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So I just had a question because I know we have some retail. Uh, like, I don't know if it's a tattoo.

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Tattoo parlors.

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Did they? I know they had a cup, but they didn't require rezoning.

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Yeah. So there's a long the long story in the beginning. If Lenny let me find Lenny. Um, uh, tattoo parlors were required to go somewhere in the city. Um, when we had the lawsuit. Horseshoe tattoo. Um, we put them in the light industrial district. So that's just how it ended up there. Um, tattoo parlors were seen very differently 20 years ago than they are now. And so, um, yes, that is a personal service use that stands out as being separate. That is allowed already in light industrial. Um, so yeah, we understand we heard the same thing. Um, restaurant also was allowed in light industrial. Um, and so we're just uh, and then also, um, there are some what we would call in other zoning districts, artisan production, where they have they create the item and they sell the item on site. That's actually already allowed in industrial districts. It's just it's just the inverse. You're you're making the items and you sell that. You create a 10% sales area. That's already allowed in industrial. So we don't call it artisan production. We just call it industrial. You're doing something industrial. You just happen to have what they see is the boutique in the front, but everything else is in the back. So there are some things that already touched on the the commercial style uses, which is why at Chris's Chris, Chris lean on his heart on this one, I was I almost was like Stellantis that I was I was at the point of just just making it easy. But Chris had a bigger vision in trying to help us accomplish so.

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Many residential, actually in that area. Yes.

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That's also why we weren't ready to add that to this list. Um, I will say there was a, there was at least 1 or 1 person that spoke very, uh, outwardly at the public meeting against the introduction of additional residential, industrial into these industrial properties. I think it's for a larger discussion, adding additional residential uses in the mix of these industrial properties. So I think I think that's much larger discussion. I think it's appropriate in some places that we've identified it. I just don't know what you mean.

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Commercial uses or residential mixing.

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Mixing uses of residential above commercial uses. They were they were adamantly against it in the discussion.

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So our current operations.

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Some are grandfathered. Um, when, um, you were allowed to have residential near the industrial workforce, um, so that you could go right there. But yeah, most of those are grandfathered or their zoned residential as you go. Not even 200ft from here. It's also residential.

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Yeah.

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Thank you. Chris. Good job.

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Thank you.

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Jumping all over the place. Commissioners, I appreciate you. Data centers. Zoning. Yeah.

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So we're getting hired.

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I did.

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Not.

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Have any commissioners. Um, back in 2021, when I first started, cannabis had just, um, proposed to become legal. It was actually the first project I was assigned, other than a staff report about short term rentals. Um, obviously it fell through the cracks, wasn't re-enacted with the change in governor, and now it's coming back. So we're going over some of these updates with you and some of the things we might have to be thinking about in the next few months here. Uh, so the framework was vetoed by the governor originally, after this bill was passed during the legislative session and then during the state budget process, they enacted the the law to create the Retail Sales starting July 1st, 2027. There's going to be 350 retail licenses spread across the state of Virginia. The applications will begin to be processed by the Cannabis Control Authority in February, with preliminary licenses granted sometime late spring of 2027. Um.

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If you have any questions about the application process or, you know, there's different people that get, um, a lottery process and things like that, I'm not going over that in this presentation. I'd be happy to talk with you about it or if you have any questions about it, but I'm happy to try to answer some of that right now. Um, but it's not necessarily relevant to the land use aspect of this, this process. Um, you know, there are some applicants who are in areas that were disproportionately targeted by police activity for marijuana possession, that get to have a separate application process before they get put into the regular lottery. Things like that. The budget also includes information about taxation. The fines and penalties associated with operating a business not in conjunction, not certified, and or possessing excess marijuana compared to what you'd be allowed to carry under the new bill. Industrial hemp got updated, and they're also signed and regulations specific to these different businesses. Again, I'd be happy to answer any any questions I can or you know, if you have any questions, you can send me an email. I'll consult with the attorney as we review the bill. But I'm not going over that right now because it's not land use related specifically. Um, there are some aspects of this that will have to be addressed in future, in future updates with the city council and things like that. But I really just wanted to go over what we're going to see from a land use perspective. So under the current zoning, um, we have a use called cannabis Dispensing Facility. This was our first crack at putting something on the map to say if you want it, you need a cup. We included both medical and recreational dispensing facilities in this definition. We allow it by conditional use permit and CC and CR, and our restrictions from where they could be located was 1000ft from a school or child care facility in 1000ft from another cannabis dispensary. And we also restricted the hours of operation to 7 a.m. to 10 p.m..

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There's also a use cannabis cultivation or manufacturing facility, which we allow a conditional use permit in the IG district. Our performance standard said that it has to be conducted entirely indoors and shall not annoy your neighbors from 7 a.m. to 10 p.m. that's where we are right now in the state update, they changed some of the definitions, the most notable one being that they changed the term from cannabis to marijuana except for one use, which they took our cannabis dispensing facility and kept it as the definition. The name for the dual use facility of medical and retail. I don't know if they actually used it. I'm not saying they stole anything from us. I'm just saying they kept the name. Um, but otherwise the other uses that they created, some of them are new. Some of them are just renaming, uh, retail marijuana store. Marijuana cultivation facility. Marijuana processing, marijuana transporter facility. Marijuana delivery, marijuana testing facility. And marijuana business. So retail marijuana store is exactly what it sounds like. It's a facility that gets authorized to sell retail marijuana by the Cannabis Control Authority. I'm not going to read all the state definitions, because they just wanted to make sure they covered every part of the plant marijuana to cover anything that could could be sold. Um, the distance requirement was updated in the previous legislation. There were a couple more restrictions, um, including playground and government owned facility. Those words were taken out. So the state language now says it cannot be located within 1000ft of a hospital, public, private or parochial school or institution or institution of higher education or child day program. And that child day program is a term in state code.

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It is just the day to day facilities, child day facilities, not the home daycare facilities, S11:

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Could you explain the reasoning by why you don't want it 100ft from another story?

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You don't want to have a concentration of them. I think it was the initial because if you look at some places like New York City and Colorado, one of the things that happened is you would end up with entire blocks of them. And I mean, I do mean literal house, like storefront, storefront, storefront, storefront, random business storefront, storefront, storefront, all of cannabis. Um, in addition.

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There are going to be 350 the state.

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Requires from the state.

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That's not that's not that's the state code requirement.

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When they issue.

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Sorry.

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Also, if you have a concentration of them you tend to have too many vehicles parking all for that use and stuff like that. There are other things. I mean, we have some requirements like that for other uses. So based on our current zoning and this is not a not saying that future, we won't change this. The key. But based on the 1000 foot buffer requirement and what we currently allow for the zoning, the areas I'm going to call a the light tan color, I don't know if that's the right color or not. It's blue. Light blue, um, are the areas that are zoned CC and CR that would fall outside of that 1000 foot buffer just for an idea of what it would look like in the city.

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So cannabis dispensing facility is a facility that does retail marijuana and medical marijuana. It has to be owned in part by a pharmaceutical processor and those same regulations. There's five health service areas across the state. You can have one processor in each health service area. And that health, that processor can have up to five retail locations in their health service area. So there's one in the for our health service area, the cultivation facility and their processing and stuff is all done in Portsmouth. And we have one location. It's cannabis. It's in Ward's Corner. Um, and they got in before we required a cup for either use. That's I think they're currently, uh, as a listed as a pharmacy right now. Um, so the difference between retail and medical. Obviously you need a medical card, but you can also give different amounts to the medical patients and different, um, different concentrations, different amounts. There's limits to how much marijuana you can carry at any one time as a regular person, but if you have that medical card, you can be given more by the pharmacist. The requirement is that a pharmacist has to be on time, on site at all times to dispense marijuana products. A lot of these facilities will have separate sections. Um, you know, you go in one door sometimes if you're going to the medical side or you go into another door if you're doing retail. Um, I've been to a couple of facilities that have both uses. They, they check, they have like the driver's license check. And then they check the card. Um, in new Jersey, it was separate entrances in the place I went to in Maryland. They just took you to a separate counter for it, so that the pharmacist could look over your stuff and talk to you. Um, in the initial 2021, I was I said that they're going to look between some type of a, a DMV and a cross with an Apple Store, and it's kind of the same experience you're going to get. You're not you don't just walk up, grab something off the shelf and go to the counter and go like you would at a convenience store. You know, you have to go back with somebody. They keep the product separately in a in a different area and they check you out right in front of you as opposed to going to a register.

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There's several different things that happen other than growing and selling. Um, there's processing, manufacturing, making the products, getting rid of the the bad cannabis. Um, when you propagate it, only certain strands are good. Um, and so you have to destroy the other stuff in certain ways, turning it into the edibles or things like that. We're trying we kind of group them all together in our last attempt because the land use impact is ultimately the same. These are more larger industrial scale style warehouses or buildings that do all of the growing that you would find processing the cannabis into its final product. Um, so again, it's that everything almost that isn't separate. We kind of grouped it all together in one when we're looking at it from a land use perspective. Um, most of the cultivation for marijuana is done indoors. These are long warehouses that have lights that run, um, basically 24 over seven, um, to continue the growing cycles. And then there are different tiers of cultivation. Um, the right now, the tier fives are the largest ones. I don't I don't have the exact size definitions in front of me, because we think it doesn't matter if it's grown super, super small or super big, you're still going to have similar impacts. Um, we are thinking about potentially doing continuous conditioning. All of these all these marijuana related uses. So again the the size of it isn't necessarily a huge deal. We're going to look at each of these individually. Um the tier five cultivation facilities are only allowing a certain a very small number in the state. And those are the ones that are going to be pharmaceutical processors that already have the cultivation facilities started and operated.

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A.

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Marijuana testing facility is a new one that they that they created or they've updated, um, a facility licensed to develop research, transport or test marijuana. Essentially, we think it's going to be like a laboratory where you have someone taking samples from products that are about to be released. They bring them to the facility to test them. That's what we think the transport is going to be, but we're not entirely sure how this one's going to look in practice. Um, because you need someone to take the samples to the facility to be tested and then drop, then drop them back off after they've been tested. I think that's what the transportation is going to be. Again, we're not sure what exactly that's going to look like, but I don't want to bring it up to you as a potential new use marijuana transporter facility. Um, there's a lot of words there. Essentially, you have a trucking company or a company that loads up marijuana from the cultivation facilities and ships it to either other processors, other manufacturers, or the retail market. This is not the people who go on DoorDash and deliver marijuana. This is not the same use. There is a.

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Use for people.

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Not know, not right.

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Now.

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I know, so there is a separate use for that. But after consultation with the attorney's office, we don't think we're going to see it in a commercial setting for the individual delivery. A lot of times we expect the retail facilities to offer delivery because there's limits to how much any person can carry at any one time. There's no third party delivery, so you can't use it. You can't use Grubhub or DoorDash or anything like that under the legislation to order marijuana and have it delivered to your door. Um, you can do it through the retail locations website, but there's still verification of all the documentation and stuff like that that you have to go through with the delivery person. And they strictly said no third party for any of this delivery. There's no drive thru for you. No, no showing up, getting your marijuana in your bag and driving home. Um, you have to go into the store or get your ID verified through the delivery. So these are really the people taking it from the cultivation to the retail store, or from cultivation to manufacturing or wholesale, things like that. Um, we don't know exactly what type of size vehicles we're going to be looking at for this. That's one of the things where we're contemplating, we don't know what hours the the deliveries are going to happen. Um, but those are some of the things we're thinking about as well with this. And then there's the most confusing one is marijuana micro business. This is a facility that's allowed to do any of those things except transportation at one facility and multiple of them. So that's this is this is like the, I'm going to say, the mom and pop shop, um, where you can have someone growing cannabis in the back do maybe doing some manufacturing or processing, rolling and bagging things like that, and also have a small section for retail sales. You can't have multiple uses. Um, sorry. They can have multiple use in the same facility. They can't have more than one of each facility. So there's um, in the language, there's allowance for having your cultivation and your retail sales in different sites, different buildings, provided they're not within a I don't remember the exact distance. It's like 20 miles. They can have to be within 20 miles or something like that of each other. Um, there are more strict size requirements for these operations. Um, including the cultivation size of retail size, but they're still subject to all the distance requirements of all of retail marijuana stores and and things of that nature.

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That's just a brief overview of what we're looking at from a land use perspective with this. And if you have any other questions, I'd be happy to try to answer them. And if you have any questions about any of the uses I just went over, um, and how it might how we might see it in Norfolk. I'd be happy to go over it.

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Thank you.

155
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Any questions? All right.

156
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Good work. Thank you. I do remember that first presentation.

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We are probably going to look into an initiation. I don't know if it'll be this month or next month, just so we can get all the uses cleaned up and squared away before the applications start in February. The application process is going to kind of look similar. We think look similar to how ABC notifies the city about applicants who are looking to go into a certain location in the city. We get a certain amount of time, usually to 30 days, to notify the Cannabis Control Authority or the ABC now, but it will be the Cannabis Control Authority saying they need a conditional use permit or this zoning district doesn't work, etc. and that's when we think they can still get issued a preliminary approval from the Cannabis Control Authority. They have 18 months from their preliminary approval to get all of the documents finalized, the zoning compliance and things like that before they can open with their final approval. So they won't open, but they can still get. It's like, hey, your spots reserved here, but go finish the rest of the processes you need to finish.

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Yeah.

159
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All right. Thank you.

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Guys, for.

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The.

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Presentation.

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Is all over the place at this.

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Point. Um, but all my paperwork as well.

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As you'll remember, at the end of or a few weeks ago, I sent an email.

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Stating that Sudduth and Mr. Bateman had requested that I also provide you with another option. As we were looking at the, um, regulations that were put in front of us, or that you'd like to recommend or take a look at as we look at for the Willoughby short term rental limitation overlay. Um, the first one is the one that you recommended at the, um, that you gave me direction to move forward with, um, during the public hearing day in July. That was to allow for the, the, the hybrid approval process with a 500 foot buffer. So just to kind of go over it and you have both you have the text in front of you. One, they're both both labeled. One says 500 foot buffer. And the other one is the other one that was requested. Um, so the the request that you initially gave me direction on was to allow all the existing vacation rentals to be able to reapply through the administrative approval process. Um, that would be all the ones that existed as of June 1st of this year. Um, there would be a 500 foot buffer area that's created based on those that are already approved, and properties located outside the buffer area would be allowed to obtain approval through an administrative zoning permit. And this is where this is where this will vary from when I what I provide you as the request from the chair and vice chair. Um, any properties located inside the buffer could request a cup, whether it be 1 or 2 family multifamily. And then of course, for the one that exists now, which is to waives the parking requirements. Um, and there are enhanced review standards for the conditional use permit, um, which would make it, uh, which would give us direction to staff on what we would recommend. Um, which more than likely based on the those that language in there is that there are few and far between situations, that 500ft would be appropriate, and there are even less circumstances that 300ft would be appropriate. Um, and then there's also additional enforcement language that was added to clarify the process.

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So this was the one that had initially given me direction on S1:

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So the comments um, received the email I think most of the commissioners did, but we have them printed out for you. Um, the Willoughby Civic League has provided their comments again. Um, they have noted that they are, uh, they are okay with the 300 foot buffer at this moment. Um, and the fact that they do not want any cups. They have requested a number of other, um, changes, which include the not changes, but more clarifications in the language, which included the linear measurement. And there's one that that probably, um, needs further discussion. Staff. Um, feels that, um, there's a component. If you remember, there's an active zoning approval. So we have 60 days. Anyone that has an existing short term rental, they have 60 days from its expiration to reapply and get approval. Um, the, uh, the community would like them to have the application in the door before the 60 day before the expiration and then, um, have it completed through the process in the 60 days. It's it can go either way. We believe that the additional 60 days won't matter. If you miss your deadline, you're going to miss. You're probably gonna miss all of it. Um, we're just trying to provide buffer for people when they transfer the property and they don't realize, um, what's happened. But we understand the concern about adding that the proposal you have in front of you leaves the language the same right now. Um, it says it gives them 60 days to apply for their renewal. Um, so that does not reflect the community's request. Okay. The strive operators, they prefer a hybrid approach where they can ask for a conditional use permit, but with a much more significantly smaller buffer, at least from the last correspondence I have. This is the correspondence that I provided to you at the public hearing date. They would want a smaller buffer of 100ft. They listed a range of them, but the smallest one was 100ft. And then the ability to ask for conditional use permits inside the 100 foot buffer.

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Just for information, I provided this to you at the public hearing day. This is the 300 foot buffer we've shown here, where we've had violations of existing short term rentals and whether our open violations as of the date of this map. Um, you can see that on the bottom right hand corner. We did a quick analysis of the properties. Again, if it touches the corner of a property, it's not eligible. But there are outside of the existing 300 foot buffer, there are 41 single family homes and three duplexes that are eligible. Not all of those would be eligible, because once one gets one, they'll they'll add another buffer. And so it wouldn't necessarily mean there would be 41 new ones. It just says those are what's eligible at the moment.

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Here's the 500 foot buffer from the previous proposal. Outside of that buffer there are ten single family homes and no duplexes. So this is a much more limited factor. But the previous proposal did show that you could ask for a conditional use permit inside the buffer. Okay. With that I want to be able to finalize the task. The text picking between these two, um, from the planning Commission. Uh, that way we can have the staff report and share it with the community either tomorrow or Monday and get all the comments from the community moving forward. So, um, with that, I open up for questions or comments.

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So any questions?

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So to confirm, the only impact to the current um STR owners is to have to reapply.

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Yeah, they actually the ones that have conditional use.

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Permits will have it easier route for pre-approval. So they'll get administrative approvals okay.

175
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We had some instances presented to us about people not.

176
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Getting the correspondence from the city on time. I'm thinking about the 60 day administrative.

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Have we, um, looked into ways that we can minimize that? S13:

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Project manager for the short term rentals. Um, we've decided to to do kind of a three, two one. So three month, three month countdown. At three months, you get a warning, hey, you're going to expire. Two months, you're going to you're going to expire. We already send the one month that, hey, you're going to expire at the end of the month. So we're gonna we're going to do, you know, three months, two months, one month to remind them, hey, don't don't lose it because it will go away.

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So also, you know, I think some of.

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The problem was addresses changed.

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And so what we do is when we have the administrative approval process we have their email address. So we'll also send a letter. Our plan is to also send a letter at each of those because it ends up technically being a warning, almost like a zoning and the zoning determination that you're about to fall off. The point of doing it is to say you're about to fall off the list. So we want to make sure it's as official as possible.

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Two additional.

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Warnings.

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Two additional warnings earlier in the process.

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And we're going to implement that across all of them. Um, because it's hard for Christine just to say you just do this in the Willoughby and the other ones. So we'll just tell them, good luck. Now we're we're going to try to implement it across the board. So.

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Currently the way it's written is that they have 60 days to apply.

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And get approval.

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And the community wants all the application and approval done before 60 days.

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They want the application before.

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Before the.

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Expiration.

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But the approval can come after in that 60 day window. We believe that there might be some instances. I'd rather err on the side of caution when we're removing someone's right that they obtained, especially if they already have one. Um, because we may end up in front of the Board of Zoning appeals and they'll just say, sure, that sounds reasonable. Let them apply. Um, we believe the buffer. Unfortunately, the ones that have have been like, hey, I'd like to reapply when they've when they've missed it, they've missed it more than 30 days. They're like three months out there. They're way out of the out of line. And so those are a little bit easier. The ones that are kind of in that range, they're either like a little bit earlier. Um, we just think it's a little cleaner and kind of makes it easier for us to tell to shut the door at the end. Um, by holding to the 60 day, by allowing them to reapply in the 60 days. But again, whatever the direction of the commission is on that one.

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What do we have in place.

194
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For us figuring out how this is working for the community? You know, I've shared before that I have a concern that this is going to increase the number of illegal STRs.

195
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So do we have like a follow up plan for six months out that we're going to relook at this? S1:

196
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A lot of the failure to enforce.

197
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Zoning rules has contributed to the fear of honesty.

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And.

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The zone.

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Rules. We've stretched as far as we were comfortable at the time, but now we've got about 2 or 3 more tools. We're going to just give it a try and see what happens. Um, just to just to try to make more progress on the enforcement. Some of the other things are outside of our current span of control, like trash cans and other things that we just need to coordinate with other departments to assure that we're we're keeping track of these issues and making sure that we're actually signing folks. Um, again, as I noted previously, um, when the zoning inspector was out and kind of tallying up the violations that were out there, they weren't from the short term rentals. It was from all the, um, renters or owners in the area. So.

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Any other questions?

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If I may, I just.

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I believe the we have we have two options. Um, I believe staff's recommendation at this point would be to do the 300 foot buffer with no cups, just for ease of operation for us. Again, these rules can always be reevaluated in the future, but I think it makes it the cleanest for us to operate at this time. So.

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That was me with that.

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As an option?

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Yes.

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Anyone opposed to option?

208
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Codified went through. And we're going to be looking at.

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How.

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This is going. Instead of just saying in the future.

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Understood. I'll we we have we have obligation to the community to, to do this to do this. Right. So we're we're working on it. We've we will be transparent on that. I think we have to we we've gotten a lot of other things that we're trying to support the PD with at this moment with other things going on, so we're not going to let those soon fall off. Um, but I think with the off season coming up, this will help us kind of circle the wagons a little bit and try to come up with a good.

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To that point.

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Developing what the baseline is. Once this goes into action, how many illegal we have.

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In.

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That little. Sure.

216
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Yes.

217
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Right. We're going to we're.

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Going.

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To try.

220
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It right now. But there are a couple procedures that we haven't tried yet. Um, that we're going to try to see if we can use in court. Um, with, uh, with the judges. Yeah, we've been a little iffy, but we're going to give it a try. Kind of compare putting to like an inspection and the and some information that we received from our, um, data scraper to see if we can put the two information sets together and provide that as being a violation. Um, we're going to work through that. It takes it'll be a little bit more, um, legwork to try to do, um, and also to try not to be not welcoming. Right. We don't want to be not welcoming to people visiting the city. So we're we're trying to figure out how to balance that. Um, when we do walk up to the door and knock and say, hey, how are you guys doing? Are you from out of town? So we're trying to balance that and being very careful. So.

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Any other questions.

222
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Thank you. Great work.

223
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Appreciate it. Thank you. All right.

224
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All right. Let's go ahead and go through our public hearing preview.

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All right. So first is a continued item. This is Macondo at 2325 East Little Creek Road. This is south side of East Little Creek Road near Halperin Drive. It's currently vacant. And the proposal is a restaurant with extended hours live entertainment. Sale of alcohol for on and off premise consumption. It is consistent with NFPA 2050. It is zoned CC and you need a cup for a sale of alcohol beverages both on and off, and live entertainment.

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Here's a photo of the site. Here is their most recent site plan. All of this is the same as you saw last time, which was in April. Was the last time you saw this in front of you. Um, and this too. This is both of the floor plan. And the site plan are the same, except for in the far right corner. They got rid of where it said stage outside and they've put another picnic table.

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The only change is on. Their capacity has gone up because they added a picnic table. Um, other than that, everything is exactly what you saw last time. Uh, as a reminder, this was here in April. Um, there was some discussion with the apartment building next door that was concerned they originally were proposing outdoor entertainment. Um, after the applicant, you know, discussed that with with the apartment complex manager. Um, they withdrew their proposal for the outdoor entertainment. They'll still have it indoors and they'll have the outside. Uh, the music will turn off at 10 p.m. every day. Um, so there's not excess noise out there for the people that are living there. Um, this was originally in April. It was continued until May so that they could have time to figure that out. They figured it out, but it was continued from May because the applicant and the owner couldn't be here until August. And they both wanted to be here. Uh.

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Any questions? S16:

229
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Here's some of the surrounding context.

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And then here's the proposed townhouses. Um, this did become come before the board as a discussion item on the August 10th meeting. And the comments were focused on primarily that right side elevation, which is the colored rendering facing 13th view. So the board recommended adding two square windows. Um, the window on the second floor that's offset towards the front porch. There's a fireplace in between those two windows, and they can't, um, align those windows because of the fireplace. And so the board recommended putting two square windows on either side of the fireplace. Um, and then to add some more decorative trim, the gable end. And they also requested a, um, shadow of the plants planted along this elevation. The plantings shown in this rendering are not accurate to what's proposed. Um, we haven't received the updated plans yet, but don't see any issues with this one. And then this is the site plan.

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This one's going to be really brief. Um, this has not come to the board yet, but it will come on the 24th. So the friends of the Fred Hewitt Center are working on. They have a long term project to phase several gardens in the area either side of the ferry terminal. So they applied for a grant to start parts of phase one, which is the children's garden. So on the left that's a later phase on the right. Top right corner is the children's garden. They'll be putting in a fence this year to kind of kick that off. It will include some play stuff eventually. I'm still getting clarification on the full extent of the scope that is being funded with this grant. I've been trying to talk with them to see how much of their overall plan we might be able to include with this design review, so that when they do have funding for the other elements, they can just move forward. They have indicated that they don't feel confident with the, um, Level of decision making that's been made about those things, to present that as in full. So we will see how much of that will be able to come through. But generally speaking, it's just going to be a wood fence that's similar to the one that's out there. Um, and eventually will blossom into a very nice children's play area with these types of amenities.

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And that's later. So any other any questions about Fred Hewitt? Excellent. Thank you.

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Rob's coming.

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Up. I'll jokingly say that continued agenda item.

235
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That was before.

236
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Russell went out.

237
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For his hip surgery and got a hip.

238
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So once again.

239
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So I'll be doing my best impression.

240
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I don't think I can grow my beard that long for the public hearing. Um.

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My wife is happy. All right. I'm also doing my best Susan impression for the for this meeting and the public hearing since she will not be here, but this has been her project. Um, a text amendment to allow additional uses by conditional use permit in the airport district. So the airport property inside the complex and outside of the terminal complex. And they closed one of the runways in addition to doing some other work in in the airport. Obviously we've seen the master plan. We've seen if you've flown out of Norfolk recently, you've seen the massive amount of machinery they have there. Lots of work is being done, but there's some things we can do from a zoning zoning perspective to make to facilitate some more of that development.

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So there's four areas that are going to be affected, that are going to be primarily the focus of the redevelopment, the closing of that runway and the selling of leasing of property. Um, zone one is 1924 and 1927 Northview Avenue, zone two, which is Robin Hood, Robin Hood Road parcel zone three is the TNC lot, gas station and observation area, and zone four is the intersection of Robin Hood Road and Military Highway. These text amendments were primarily we're looking at zones two and three for how these text amendments will affect those zones in particular. So zone two is right where you would be looking if you're driving down Northview Avenue. It'll be on your right side going into the airport. The airport is proposing to have a hotel there. So right now hotel and alcohol sales are permitted inside and outside the complex. Restaurant is permitted but requires a cup. But things that commonly support hotels, conference centers and banquet halls are not allowed in the airport district. So we are proposing to modify the airport district to allow a conference center and banquet hall outside of the airport terminal complex.

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For zone three, gas station is not allowed in the. At all in the airport right now. I know many people who have driven rental cars to this facility and complain that they have to go out of their way to get gas, as opposed to stopping somewhere right near the airport. This will also support the additional rental car facility that's being constructed in the airport. All the other accessory uses that we see with gas stations, the convenience store, the smoking, vaping, sales and the ABC. Off premise is already permitted by conditional use permit both inside and outside the complex. So the proposal is to allow a gas station inside or outside the complex by conditional use permit.

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And this is lastly just cleaning up something that's been a longstanding policy, um, for the city. We've allowed restaurants to sell alcohol within the terminal complex. The airport was existing prior to the terminal, prior to the zoning ordinance and the requirements of a special exception for the SEPs for ABC. So those establishments were always vested. We're proposing to just spell it out nice and clean, that all restaurants within the airport terminal with alcohol, entertainment and or closing by 2 a.m. are allowed by right inside the terminal complex.

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Are there any questions?

246
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Thank you.

247
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Just real quick I'll add to. We talked about zones two and three in that one. Zones one and four are further off the complex and would go through the complete rezoning process. So they are under the control of the airport. Um, so we just don't we're not ignoring that. We believe that there's a whole different public process that will happen to deal with any redevelopment of those sites.

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Good afternoon, commissioners. It feels like it's been a while since I've been in front of all of you. Happy to be here. My presentations will be brief, as Jeremy has introduced the initiation of these two signed text amendments at last month's meeting. The first item is the the River View pedestrian overlay earlier this year in February. Susan and Jeremy did meet with the business Riverview Business Association. Jeremy continued conversations with them and person and through email to fully understand their concerns and ultimately to lead to the development of this tax amendment. As the slide states, it is initiated at their request, about window coverings and signs for existing buildings. The next point on the slide states this revision to the zoning ordinance would give business owners and inspectors clear guidance on when the front facade must remain transparent and when blinds and current curtains may be used. This next slide here just shows two local examples of businesses using blinds and curtains that obstruct visibility into the interior, which could cause potential safety concerns.

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So the text amendment will read as follows during all business hours of of during all hours of operation, all glass portions of windows and doors along the street facing front facade shall be maintained as transparent as defined in section 8.32 terms defined and shall not be obscured by blinds or curtains, except those necessary to block direct sunlight. To share the definition of transparent from within the zoning ordinance, it is those portions of the facade of a building that consist of materials through which the interior of the building, to the depth of at least five feet, may be readily seen from the street or the sidewalk.

250
01:30:55,970 --> 01:33:25,060
So this next slide, the Riverview Business Association, also raised concerns about the amount of temporary signage around their district. If you were at the previous mid-month meeting, you may remember that Jeremy shared a page of what looked like a Greek mathematical Um, formulation that one of the inspectors had tried to use to determine the, um, whether or not a business had exceeded its maximum sign requirements. Um, we realized it's time to simplify that. Um, as this slide states, this revision to the zoning ordinance would give owners and inspectors clear guidance on how to calculate sign maximums. Staff suggested applying these changes citywide to establish a maintaining visibility for public safety. And as staff, we also do consider these two to be two separate amendments. So you'll be making two votes on this as one is for the overlay and the other one is for the overall city. And so this image on the left is just a common diagram, just showing how storefronts are often composed entirely of windows. The image on the right is another local example of a business where signs are obstructing the interior, which can again cause potential safety concerns. So lastly, the text will read as follows. For the amendment to support business productive business operations while protecting the safety and welfare of city inhabitants by ensuring adequate visibility and minimizing negative impacts on inhabitants. The following shall apply to all temporary and permanent signs. Window signs one. No more than one. Window sign no larger than 15ft², with a maximum dimension of five feet, may be installed for every ten feet of ground storey building facade, with no more than five signs permitted per business. Two no window sign may exceed 30% of the area of the window on which it is installed. Three for the purposes of this section A, the area of the window shall be determined by including all areas of glazing not separated by a frame or structural elements larger than four inches wide. Be any sign content not eligible from the vehicular travel lanes of adjacent streets shall not be considered. A window sign, however, shall meet the window transparency requirements of this section. Thank you and I'll stand by for any questions.

251
01:33:25,060 --> 01:33:26,140
Thanks.

252
01:33:26,140 --> 01:33:31,980
Uh, in the very first slide, you showed, uh, states, unless there's, um.

253
01:33:31,980 --> 01:33:40,580
For purposes of blocking sunlight. And I see that as a real loose consideration. I don't know if that others feel that.

254
01:33:40,580 --> 01:33:41,340
Uh.

255
01:33:41,340 --> 01:33:49,980
Using lines, if you're. I can make points east or west, certainly. You're going to have more direct sunlight.

256
01:33:49,980 --> 01:33:50,340
Yeah, I.

257
01:33:50,340 --> 01:34:16,550
Can explain how we. That's essentially how the inspectors have been handling it for the last couple of years. Essentially, if they go by and there's the the blinds are blocking a direct sunbeam. That's okay. If they're not blind blocking direct sunbeam, they need to be up. And that's how we've enforced it down. Try to enforce it downtown where where you do have more strict requirements. So we're proposal is to broaden that out to Riverview as well.

258
01:34:16,550 --> 01:34:20,510
So you think that language is sufficient.

259
01:34:20,510 --> 01:34:46,710
I think it's sufficient to cover what we're what we're doing. There's always going to be interpretation and there's always going to be a point of argument with the inspector. But essentially if, if I, if, if, if they're down while I see the sunlight, you're good. If they're down while I don't see the sunlight, they're not serving a purpose right now. And they should be up or if you're closed and we're okay with that. Anyhow, that's the way we've approached it the last few years.

260
01:34:46,710 --> 01:34:53,230
Actually, that last sentence is interesting. So we allow folks to close windows completely if they're closed.

261
01:34:53,230 --> 01:34:56,790
We have. Yes.

262
01:34:56,790 --> 01:35:01,030
At the same time.

263
01:35:01,030 --> 01:35:02,630
I mean, is that always been the case?

264
01:35:02,630 --> 01:35:24,070
I don't know that that's always been the case. It's been the case for the last several years, basically since I've kind of overseen enforcement. Um, I think, you know, there have been different approaches and over the years, um, but that's kind of been the way we approach it. All we're trying to do in this amendment is codify the way we've been doing it. If there's a different policy direction, we're happy to.

265
01:35:24,070 --> 01:36:12,000
I mean, I'm not questioning what you guys are doing. I think it's great. I'm just thinking PD comes up to a building where there's a call, a break in, and all the windows are locked shades. They can't see it. That to me sounds good. I would think transparency would be welcome anytime. I think addressing that issue. Our plan is to work with the city Attorney's office to have a different, larger transparency requirement that's in the city code, not just the zoning one that deals with signage. So we'll, um, we're working on we've discussed that and underground, we have to bring Petey in to talk about it, because that's where the concern came from. So we believe we'll mesh those that idea into that change as well.

266
01:36:12,000 --> 01:36:13,760
Thank you.

267
01:36:13,760 --> 01:36:14,720
So with.

268
01:36:14,720 --> 01:36:18,080
This definition, is there a sample.

269
01:36:18,080 --> 01:36:18,320
That.

270
01:36:18,320 --> 01:36:20,240
You can show us.

271
01:36:20,240 --> 01:36:26,520
That meets that requirement? So that one on the right meets that requirement. It does not.

272
01:36:26,520 --> 01:36:27,240
They.

273
01:36:27,240 --> 01:36:27,440
Does.

274
01:36:27,440 --> 01:36:28,440
Not.

275
01:36:28,440 --> 01:36:30,520
Show us that it does. It would be it's hard.

276
01:36:30,520 --> 01:36:31,280
To do all those.

277
01:36:31,280 --> 01:36:32,160
Calculations.

278
01:36:32,160 --> 01:36:33,080
Sure.

279
01:36:33,080 --> 01:36:48,640
Um, that would have been a good slide, um, or the slide of Jeremy's, um, inside of that. But nonetheless, um, so it's going to be ten every ten feet that are allowed a sign, so no more than five. So I.

280
01:36:48,640 --> 01:36:49,360
Read it is.

281
01:36:49,360 --> 01:36:49,720
Five.

282
01:36:49,720 --> 01:36:54,280
Feet within ten feet. So basically half the windows can be signage.

283
01:36:54,280 --> 01:36:58,720
Depending on how how big the window is.

284
01:36:58,720 --> 01:37:04,480
30% right there It's already 75ft.

285
01:37:04,480 --> 01:37:09,160
Maximum within ten feet. Sounds like half to me.

286
01:37:09,160 --> 01:37:43,280
Well, we'll draw something up. So the key is, is that the current ordinance says you can cover 30% of your windows period. And so then it's just then it's how do you calculate all of this. Now we're saying you get one sign no larger than this, that can't take up more than 30% of your windows. So it's easier to go. All right. You got one sign and then you can go. You don't have to count all multiple signs. You can tell them if you've got three signs in there, you say take the other ones out. And then you can measure the one that's legal. So it's easier to enforce. But I understand what you're saying. It's a it gets a little it can be confusing.

287
01:37:43,280 --> 01:37:49,520
Do the inspectors feel this is a workable proposal? I mean, it seems really onerous to me.

288
01:37:49,520 --> 01:37:49,760
Based.

289
01:37:49,760 --> 01:37:53,800
On how it is now. Yes. I believe any improvement would be better.

290
01:37:53,800 --> 01:37:54,080
Yeah.

291
01:37:54,080 --> 01:37:55,520
Good for them.

292
01:37:55,520 --> 01:38:06,730
And so like I was saying these these lines in between this wouldn't necessarily matter. It's not one individual little square. Those wouldn't count. Any other.

293
01:38:06,730 --> 01:38:09,050
Questions?

294
01:38:09,050 --> 01:38:11,290
It would be helpful if we could get a couple.

295
01:38:11,290 --> 01:38:11,650
Things.

296
01:38:11,650 --> 01:38:11,930
Out.

297
01:38:11,930 --> 01:38:13,770
We've got some. We've got some that.

298
01:38:13,770 --> 01:38:15,330
We've covered hearing.

299
01:38:15,330 --> 01:38:15,570
Yeah.

300
01:38:15,570 --> 01:38:15,890
Yes.

301
01:38:15,890 --> 01:38:16,490
Gotcha.

302
01:38:16,490 --> 01:38:34,890
Yeah, we've got several. Your typical fast food actually does the best job of that because they send out McDonald's sends the same package to all of their restaurants. And here's what they can look like. So we've got some good. I just don't know. We've ever actually taken pictures of them, but we've seen them. So good pictures of them.

303
01:38:34,890 --> 01:38:37,890
Thank you. Thank you.

304
01:38:37,890 --> 01:38:56,130
Thank you all. Appreciate it.

305
01:38:56,130 --> 01:38:56,650
Amendments.

306
01:38:56,650 --> 01:38:58,690
Now this is.

307
01:38:58,690 --> 01:39:37,810
Coming to renew a conditional use permit for live entertainment instead of ABC for on and off premise consumption. This is on the southwest corner of First View Street and West Ocean View Avenue. They got a conditional use permit in 2024, and are looking to renew as a first time entertainment operator. They only had two years so their is expiring. They need a new one. NFPA 2050 doesn't use the site as community mixed use, where commercial is a primary use property. Zoned CSC community commercial. In this district, you need a conditional use permit for live entertainment to sell alcohol for on premise consumption after 5 p.m. and sell alcohol for off premises.

308
01:39:37,810 --> 01:39:50,210
Here's a picture of the site again. They opened in 2024. We have not had any relevant calls to the police or the city, complaints, violations or anything like that over the past two years.

309
01:39:50,210 --> 01:41:25,900
This is a floor plan. The big change that they're requesting is that area that's highlighted in yellow on the bottom right. They have entertainment right now. Live band and karaoke. They're not requesting a change to that, but. And I'm using the applicant's words here. They don't want to be the dance police. Their customers apparently like to move and groove at their own tables. Um, and I'm just repeating what I was told. Um, and their cup specifically says there shall be no dancing and no dance floor shall be provided. Um, so as part of this renewal, she's adding a dance floor, um, that will be clearly delineated either with tape or something else. Um, they have plenty of space to move the tables around, but that area is where the dance floor will be. And yes, there will be allowed to dance at their tables. It does not restrict the shop, does not restrict dancing to the dance floor exclusively. Um, but they have entertainment once, maybe twice a month. And again, we haven't had any issues or complaints about this establishment. So just giving you all the information now, I probably won't get into that much during the public hearing. So currently they're open from 7 to 11, seven days a week, New Year's Eve and December 12th through the 15th until 1 a.m.. They're requesting you open from 9 a.m. to 11 p.m., Monday through Friday, 7 a.m. to 11 p.m. Saturday through Sunday, and then still maintaining December 12th through 15th and New Year's Eve until 1 a.m. the capacity is not changing. It's 299 total people, and the entertainment of live band and karaoke is not changing either.

310
01:41:25,900 --> 01:41:59,190
Two years ago. Were they parking? Yes. That's all been so. We have not heard any complaints or concerns. Um, there have been some anecdotal ones when I spoke to the representatives of the shopping center, but they in general have concerns about everyone parking there to go to the beach. So to try to, to divvy it up. Um, well, I believe we'll probably still need to recommend the same things about the the directing of traffic and letting people know where to park.

311
01:41:59,190 --> 01:42:49,590
Just just so that they're more active in that than having their customers across the street? S11:

312
01:42:49,590 --> 01:43:03,670
License.

313
01:43:03,670 --> 01:43:07,590
The next one is for Elizabeth Keen for a conditional use permit.

314
01:43:07,590 --> 01:43:22,550
For vacation rental at 1229 Hillside Avenue. This is the south side of Hillside Avenue between Beach View Street and Warwick Avenue. It's a single family home and they would like a short term rental vacation rental.

315
01:43:22,550 --> 01:44:27,440
So NFPA 2050 designates it as Sustained Coastal. It's zoned RC, and since there are four bedrooms in the house, they need ACP for vacation rental. There's a photo of the site. We're not proposing any landscaping requirements. They meet the tree canopy. They've got shrubs in the front. It looks real nice from the street. The only real thing we're proposing is regarding their pool in the back. So they've got this pool in the back. It was permitted when it was built a number of years ago, as was the pool barrier. But the pool barrier is no longer compliant. Um, the fence to the side, which is the middle picture on the right. You see, the fence is kind of in disrepair. Um, the fence doesn't belong to them, so they're working with their neighbor to fix it. But the they will have to get a fence, a pool barrier permit so that an inspector can go make sure that their pool barrier is up to code.

316
01:44:27,440 --> 01:44:45,120
So for the neighborhood analysis, there are 70.6 of the parcels in 500ft are residential. And if this is approved, 1.3% of those would be short term rentals.

317
01:44:45,120 --> 01:44:51,680
Any questions? S6:

318
01:44:51,680 --> 01:46:57,450
So the building code requires there be a pool barrier that keeps, you know, young children, people that are not unauthorized from being out. And there's got a whole bunch of different ways you can do it. It could be a, you know, four foot tall fence that just goes around the pool deck. Um, it could be like in this scenario, we typically don't like to see somebody else's fence as your pool barrier because you don't have control over it. We also don't like to see the finished side facing the pool, because you could conceivably climb over it with the horizontal members on the other side. Um, the building code does allow that in some circumstances, where the horizontal members are so far apart that you can't climb them. I think it's 5050 something inches. Um, but they have to be that far apart. This one is not that kind of scalloped fence. They're the low point. It may be four feet. Um, so they've got a, um. It's not it does not meet the requirements. Um, the other things, you know, the gate, uh, right now you can see it's held closed with bricks. Um, you know, any of your fences going in should be self closing. Um, they should open to the outside. So if for some reason it doesn't latch and you've got a small kid, they push it, it latches and they can't get into the pool. Um, the, the picture there of the back door. Um, this is what they consider the building code. Considers, uh, the house as part of your pool barrier. So the door and windows there should have alarms on the inside since they're part of the pool barrier. So if your kid gets to it, they go off. Um, there are some other ways they could, you know, solve that. Uh, you know, if they wanted to upgrade the rail and put gates on that deck. You know, that could conceivably be a barrier. We're not going to require them do anything specific other than to make it compliant and get an inspection for a barrier permit.

319
01:46:57,450 --> 01:47:02,450
Uh, are you aware of their experience operating short term rentals?

320
01:47:02,450 --> 01:47:04,570
Um.

321
01:47:04,570 --> 01:47:22,930
She is not using a service. Um, she does have a local representative. That's going to be her emergency contact. Um, and she she runs another business, and she's got another employee that's helping her with that, too. But, uh, I believe this is her only short term rental.

322
01:47:22,930 --> 01:47:36,690
Okay. Thank you.

323
01:47:36,690 --> 01:48:36,220
All right. Next applicant is Beck Property Holdings, LLC. This is a conditional use permit for a short term rental at 2410 Aspen Street. Locations. The east side of Aspen Street between Lakin Street and Denver Avenue is in the Sherwood Forest neighborhood. It's currently a three bedroom, single family home built in 1940 and proposed to allow the operation of a short term rental vacation rental. Proposed use does not conflict with NFPA 2050 zoning as SF ten. Single family ten. All vacation rentals in this district require a keep, regardless of bedroom count. Here's a picture of the site under the current owner. The site did operate as a homestay under a previous administrative permit. That was from December 20th 22 to 2024 with no issues. The property owner now has moved and wishes to operate as a vacation rental. The property will be self-managed, and the only improvement we're going to request is some additional screening shrubs kind of in between the smaller shrubs.

324
01:48:36,220 --> 01:48:56,500
For neighbor analysis within 500ft. 74% of parcels are single family and 76% of residential units or single family. If approved, 1% of residential parcels and 1% of residential units within 500ft would be short term rentals.

325
01:48:56,500 --> 01:48:59,260
Any questions? S12:

326
01:48:59,260 --> 01:49:00,620
She's not moving the needle.

327
01:49:00,620 --> 01:49:03,300
Or that was my question.

328
01:49:03,300 --> 01:49:16,780
Uh, so the agent is going to be the emergency contact person. She lives within 20 minutes. She can comply with that. I believe the applicant is moving within Norfolk. I can double check on that. Correct.

329
01:49:16,780 --> 01:49:30,020
And she also helped with the administrative homestay as well. That's their both their experience in that.

330
01:49:30,020 --> 01:49:55,150
For the last one, uh, this is a development certificate for the James Berry Robinson, uh, home for Boys Trust. Uh, address for this is 443 4434 road. This is northeast of the I-64 and I-64 interchange west of Comstock Road. And the proposals to allow development certificate for the construction of a new building within the Barry Robinson Center campus.

331
01:49:55,150 --> 01:50:11,950
NFPA 2050 designates the site its innovation and production institutional. The primary use zoning is Inc institutional campus. A development certificate is required for new principal structures and substantial improvements in this district.

332
01:50:11,950 --> 01:50:38,670
So here's a map. It is a quite large of a site. Um, I do want to let you know where that red dot is, where that new building is going to be. It's just one building. The building is not visible from the ramp or Kimball Road. And just as some background, the Bay Robinson Center provides education, boarding and residential treatment programs for military connected youth. I'm going to turn it over to Faith for the.

333
01:50:38,670 --> 01:51:28,070
So this is another item that hasn't been to A or B yet, but it's scheduled for the 24th. So here's the site plan of the proposed training facility. And just to note, the parking number shown on the left of the building is inaccurate. There's just going to be two parking spots there. And then here's the proposed building. It's a one story building that will have a gable roof and brick cladding with a main body brick, and then an accent brick. And the bricks will be laid in a Flemish bond that will match the original 1930s campus building. And this design is compatible with the overall character of the campus, so we don't anticipate any issues. And then here's the material palette. There also will have six over six windows, which is also consistent with the 1930s buildings.

334
01:51:28,070 --> 01:51:39,840
And then here's the site plan with the correct number of parking.

335
01:51:39,840 --> 01:51:43,160
Any further questions for me?

336
01:51:43,160 --> 01:51:52,520
Okay.

337
01:51:52,520 --> 01:52:09,960
Anyone identify anything for?

338
01:52:09,960 --> 01:52:13,840
The Robinson center.

339
01:52:13,840 --> 01:52:14,360
There's no.

340
01:52:14,360 --> 01:52:16,200
Waivers required.

341
01:52:16,200 --> 01:52:23,080
So that does mean that this would be the last time it's presented. It wouldn't go to City council.

342
01:52:23,080 --> 01:52:25,800
For it to be presented just for the record itself.

343
01:52:25,800 --> 01:52:33,280
Okay.

344
01:52:33,280 --> 01:52:41,680
Luck out on shortage in this one.

345
01:52:41,680 --> 01:52:44,120
All right. Director's comments.

346
01:52:44,120 --> 01:52:59,840
City Council has been on their break for the most part. They did have one meeting to discuss the potential sales tax, to add it as a referendum for school funding, for school construction funding and CIP funding.

347
01:52:59,840 --> 01:53:00,840
Um.

348
01:53:00,840 --> 01:54:05,690
The key thing I do want to discuss is, um, we're running up to October, um, which will be, um, longer meeting schedule rather than having a separate day for the retreat. As we discussed when we set the calendar, um, as staff, we are having trouble coming up with items for the retreat because a lot of the things that we would bring to a retreat would have been the items we have to present, because we have a deadline to get them adopted. So the cannabis changes, the development changes, the data center issues. Um, the what we'll bring to you in September, which is the, um, Faith and Housing Act that was passed that that circumvents some of the zoning requirements. We have to bring that to you earlier because we have to get that in place before that shows up, um, before October. So we'll get that presentation in September. Um, but so we're having trouble. So the to come up with a retreat agenda. So if there's anything you'd like to, to have us dive into to bring to you for a long discussion of the retreat. We'll gladly look into beforehand for suggestions. Now.

349
01:54:05,690 --> 01:54:17,330
I was thinking homework, maybe think about it and and maybe pop in the email items that we think we want to talk deep into a deep conversation about.

350
01:54:17,330 --> 01:55:01,210
And I'll ask again with a public hearing date too. Just to just to keep it at the top of the list. Um, if the commission knows you're in the midst of this with us, we've done a lot of zoning text amendments and a lot of amendments that require a lot of outreach and stuff. So we're working hard to try to keep meeting your expectations as well as the communities and councils. Um, but we're we're grabbing on for dear life at the moment. We're kind of holding on by our fingernails. Um, so but we really don't want to fall behind on trying to stay in front of things. We like to try to continue to be in front of issues. So if there's anything that comes up, we'd just like to see what's on your mind and research. You do different things.

351
01:55:01,210 --> 01:55:04,530
Thank you.

352
01:55:04,530 --> 01:55:08,970
Any comments from the commissioners?

353
01:55:08,970 --> 01:55:10,290
You know.

354
01:55:10,290 --> 01:55:12,570
I'm glad you did.

355
01:55:12,570 --> 01:56:12,500
Come to, uh, Mr. Hahn's question. Um, and also in relation to our short term rental decision that we're going to vote on next, next meeting. Um, I've already heard other civic leagues Discussing, uh, should they come next and start applying for an overlay? So I think it would be helpful for us to kind of talk about and maybe look at what, what, what we're approving for. Will it be. What's the portability of that applicability, uh, determining what to use for other civic leagues. Because we may get those emails before we even approve this one. So I wouldn't be surprised. Uh, so just to the point about trying to get ahead of things, I think that would be maybe something for the retreat if not for.

356
01:56:12,500 --> 01:56:12,500
The comments. All right. You're done. You're done. Thank you. Thank you.