Planning Commission Updates
Special Use Permits
Virginia Beach developer Angelo Manuel requested two more Special Use Permits for his 1.52 acres in the hamlet of Kiptopeke. In January, Mr. Manuel received a SUP from the Board of Supervisors (BOS) for the Kiptopeke Village apartments which consists of three 4-bedroom apartments. In April Manuel received a SUP for a small restaurant (under 2500 sq. ft.). The Planning Commission provided a recommendation for SUP # 2015-10 which requested the right to add an additional 200 feet of retail space to the expanding footprint of the restaurant. He also received a favorable recommendation for one food truck on the site, although he originally sought permission for two–one during construction and one after the restaurant was open.
Terry Ramsey and Jack Bruckner voiced opposition against the requests. Mr. Ramsey, a Kiptopeke resident, read two statements into the record, opposing the granting of the SUP’s on safety and parking issues. Jack Bruckner, also of Kiptopeke did not attend. Planner Peter Stith read his letter in opposition to the Special Use Permits into the record.
This recommendation for approval by the Planning Commission will be taken up next Tuesday at 7pm by the Board of Supervisors. Note: that the Planning Commission did recommend conditions on the SUP’s including hours of operation, setbacks, access road, site plan approval condition, and VDOT approval.
CHESAPEAKE BAY ACT BACK ON THE TABLE
Eliminating the Chesapeake Bay Act on the Seaside was once again put on the table; the issue has been resurrected and will be taken up at the Commission’s next work session which has been rescheduled to August 26th. Earlier this year, the Board of Supervisors asked the Planning Commission to investigate whether or not to retain the protections of the Chesapeake Bay Protection Act on the Seaside. Mike Ward noted that issues such as land disturbance discrepancies between storm water regulations, agricultural assessments and the Bay Act would have to be reviewed before making a decision on whether to recommend the elimination of the CBPA on the Seaside.
Commissioner Dixon Leatherbury promoted the idea of bringing in experts to testify on whether or not the CBPA is needed on the Seaside. Commissioner Leatherbury stated that the new Virginia Stormwater Management regulations are a “game changer.”
Even as Long Ranger Planner Peter Stith asked the Commission to review the latest draft of the new Bay Act, up to this point, the County has obtained little, if any scientific evidence on this issue, (however, Dr. Art Schwarzschild of Willis Wharf has offered numerous times to have independent scientists and experts offer testimony). According to Peter Stith, the latest draft eliminates some provisions due to the fact that the new stormwater regulations replaced requirements in the current Bay Act.
During the last Board of Supervisor’s work session, Melissa Kellam told the Board that the lot coverage limits in the proposed zoning ordinance were “duplicative” and did not need to be continued because the “Chesapeake Bay Act” contained lot coverage limits. Therefore, according to Kellam, this negates any need for lot coverage limits in the proposed ordinance. If the Chesapeake Bay Act on the Seaside, which is currently part of our current zoning ordinance, is possibly eliminated, than any reference to lot coverage limits would also go away (since they may not be in the proposed zoning). This could create a scenario where the Seaside would also be without protections for lot coverage limits. Note: according to sources, the majority of parcels that can support intensive poultry farming (chicken houses, incinerators) are on the Seaside.
In September there will be two SUP’s on the table. One is for a small addition to Appleseed Nursery for an office. Because they are within the 100 foot buffer of the setback from Route 13, they must gain permission through an SUP, even though the addition will not be any closer to Route 13 than the main building. Also Montessouri School will ask to expand the age range for its school, as they are planning to expand opportunities for students outside the current range to attend their facility.