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12-14-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large Jti4�',N�`fl cy -vie_ Li VICE MAYOR ROSEMARY WILSON,At Large rt -• .p MICHAEL F.BERLUCCHI,Rose Hall-District 3 Z LINWOOD O.BRANCH,Lynnhaven-District 5 46 BARBARA M.HENLEY,Princess Anne-District 7 ;\. /j N.D. "ROCKY"HOLCOMB,Kempsville-District 2 + ;` :� LOUIS R.JONES,Bayside-District 4 JOHN D.MOSS,At Large of 0. ,,wo"` AARON R.ROUSE,At Large GUY K TOWER,Beach-District 6 SABRINA D.WOOTEN,Centerville-District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR December 14, 2021 FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:CI7YCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES VICE MAYOR ROSEMARY WILSON PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 1:00 PM A. FY21 ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) and GENERAL FUND UPDATE Letitia Shelton, Director—Finance B. STORMWATER REGULATORY UPDATE 1:30 PM Robert J. Tajan, Director—Planning and Community Development C. STORMWATER PROGRAM OVERVIEW & DISCUSSION 2:15 PM LJ Hansen, Director—Public Works II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 PM III. CITY COUNCIL AGENDA REVIEW 3:30 PM IV. INFORMAL SESSION - City Council Chamber- 4:00 PM A. CALL TO ORDER—Vice Mayor Rosemary Wilson B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Vice Mayor Rosemary Wilson B. INVOCATION: Reverend Clint Mitchell Pastor, Grace Covenant Presbyterian C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 7, 2021 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTION 1. Ordinance to TRANSFER $7-Million of existing appropriations in Capital Project #100059, "Resort Parking District" to the Virginia Beach Development Authority re acquisition of two hundred (200) public parking spaces at 35th Street 2. Ordinances to DESIGNATE as EXEMPT re Real and Personal Property Taxes: a. The Cole Academy Preschool, Inc. b. Mutts with a Mission c. Shakyamuni Buddhist Meditation Monastery d. Hampton Roads VegFest e. New Light Community Outreach f. Wild Baby Raccoon Rescue g. Wave College, Inc. t/a Wave Leadership College h. Your Wellness, Inc. i. Discover Courage 3. Ordinances to AMEND: a. Section 18-5.2 of the City Code re business license fees and taxes and provide Revenue Offsets (Requested by Council Members Tower and Wooten) b. The Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools and set the tax rate re tangible personal property of a business that qualifies for the business license incentive program for new business and provide Revenue Offsets (Requested by Council Members Tower and Wooten) c. The Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools and set the tax rate re elderly and disabled persons and provide Revenue Offsets (Requested by Council Members Tower and Wooten) 4. Resolution REGARDING Membership of the May 31 St Memorial Committee (Requested by Council Members Berlucchi and Wooten) 5. Ordinances to AUTHORIZE temporary encroachments into a portion of City-Owned: a. Property known as West Canal located at the rear of 2309 Broad Bay Road re maintain two (2) existing boat lifts, a wooden bulkhead, and to construct and maintain a proposed wooden dock, and vinyl bulkhead b. Unimproved sections of City rights-of-way known as Fort Raleigh Drive, Christine Drive, and Coastal Drive for Croatan Civic League, Inc re construct a wooden pedestrian bridge 6. Ordinance to ESTABLISH Capital Project #100609, "Regional BMPs," in the FY2021-22 Capital Improvement Program and TRANSFER $9-Million to Project #100609, and AUTHORIZE the City Manager to EXECUTE the necessary documents 7. Ordinance to APPROPRIATE $380,000 from Net Assets of the Water and Sewer Enterprise Fund re purchase a replacement sewer cleaner 8. Ordinances to ACCEPT and APPROPRIATE: a. $32,107 from the Commonwealth of Virginia to the FY2021-22 Virginia Beach Public Library Operating Budget and AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement (MOA) re furniture replacement at the Meyera E. Oberndorf Central Library and the Bayside Area Special Services Library b. $4,021,136.25 from the American Rescue Plan Act (ARPA), Coronavirus State and Local Fiscal Recovery Funds,Municipal Utility Assistance Program to the Department of Public Utilities Operating Budget re provide utility relief assistance for delinquent residential customers c. $4,486,715 in Federal Funding from the Shuttered Venue Operators Grant, ESTABLISH Capital Project #100608, "Virginia Aquarium Animal Holding Facility Improvements," and APPROPRIATE funding for Project #100608 and the Department of the Virginia Aquarium FY2021-22 Capital Improvement Program I. PLANNING 1. ATLANTIC DEVELOPMENT ASSOCIATES, LLC a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots to create a total of three (3) lots at 2744 Ansol Lane & 153 Bassett Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. JAMES B. RICHARDS, JR. & LINDA CHAMPION-RICHARDS for a Street Closure re 375 square feet of an unimproved ally adjacent to the rear of 733 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. MICHAEL I. ASHE & MITZI S. ASHE, CO-TRUSTEES OF THE ASHE REVOCABLE TRUST for a Street Closure re 375 square feet of an unimproved alley adjacent to the rear of 729 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. VB HOLDINGS, LLC for a Modification of Conditions re senior housing at 608 Dam Neck Road DISTRICT 7—PRINCESS ANNE (Approved by City Council December 2001) RECOMMENDATION: APPROVAL 5. ATLANTIC DEVELOPMENT ASSOCIATES,LLC/MARTHA FISHER HUERTA/VB HOLDINGS,LLC,for a Conditional Change of Zoning from AG-1 &AG-2 Agricultural&R- 10 Residential to Conditional A-12 Apartment District re develop a ninety-two (92) Unit condominium community at 580 & 608 Dam Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. HOLLAND LAKES ASSOCIATES, LC for a Conditional Use Permit re mini warehouse / self-storage facility at 3478 Holland Road DISTRICT 3 —ROSEHALL RECOMMENDATION: APPROVAL 7. MUTTS WITH A MISSION for a Conditional Use Permit re commercial kennel at 2700 Shirley Landing Drive DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL J. APPOINTMENTS 5/31 MEMORIAL COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG) REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORIC REVIEW BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT ................................... If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 .......................... The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e51255136d 16326a0c6588cf780b70522 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on December 14, 2021. I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 1:00 PM A. COMPREHENSIVE ANNUAL FY21 FINANCIAL REPORT (CAFR) and GENERAL FUND UPDATE Letitia Shelton, Director—Finance B. STORMWATER REGULATORY UPDATE 1:30 PM Robert J. Tajan, Director—Planning and Community Development C. STORMWATER PROGRAM OVERVIEW& DISCUSSION 2:15 PM LJ Hansen, Director—Public Works II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 PM III. CITY COUNCIL AGENDA REVIEW 3:30 PM IV. INFORMAL SESSION - City Council Chamber- 4:00 PM A. CALL TO ORDER—Vice Mayor Rosemary Wilson B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Vice Mayor Rosemary Wilson B. INVOCATION: Reverend Clint Mitchell Pastor, Grace Covenant Presbyterian C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 7, 2021 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTION 1. Ordinance to TRANSFER $7-Million of existing appropriations in Capital Project #100059, "Resort Parking District" to the Virginia Beach Development Authority re acquisition of two hundred (200) public parking spaces at 35th Street 2. Ordinances to DESIGNATE as EXEMPT re Real and Personal Property Taxes: a. The Cole Academy Preschool, Inc. b. Mutts with a Mission c. Shakyamuni Buddhist Meditation Monastery d. Hampton Roads VegFest e. New Light Community Outreach f. Wild Baby Raccoon Rescue g. Wave College, Inc. t/a Wave Leadership College h. Your Wellness, Inc. i. Discover Courage 3. Ordinances to AMEND: a. Section 18-5.2 of the City Code re business license fees and taxes and provide Revenue Offsets (Requested by Council Members Tower and Wooten) b. The Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools and set the tax rate re tangible personal property of a business that qualifies for the business license incentive program for new business and provide Revenue Offsets (Requested by Council Members Tower and Wooten) c. The Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools and set the tax rate re elderly and disabled persons and provide Revenue Offsets (Requested by Council Members Tower and Wooten) 4. Resolution REGARDING Membership of the May 31 St Memorial Committee (Requested by Council Members Berlucchi and Wooten) 5. Ordinances to AUTHORIZE temporary encroachments into a portion of City-Owned: a. Property known as West Canal located at the rear of 2309 Broad Bay Road re maintain two (2) existing boat lifts, a wooden bulkhead, and to construct and maintain a proposed wooden dock, and vinyl bulkhead b. Unimproved sections of City rights-of-way known as Fort Raleigh Drive, Christine Drive, and Coastal Drive for Croatan Civic League, Inc re construct a wooden pedestrian bridge 6. Ordinance to ESTABLISH Capital Project #100609, "Regional BMPs," in the FY2021-22 Capital Improvement Program and TRANSFER $9-Million to Project #100609, and AUTHORIZE the City Manager to EXECUTE the necessary documents 7. Ordinance to APPROPRIATE $380,000 from Net Assets of the Water and Sewer Enterprise Fund re purchase a replacement sewer cleaner 8. Ordinances to ACCEPT and APPROPRIATE: a. $32,107 from the Commonwealth of Virginia to the FY2021-22 Virginia Beach Public Library Operating Budget and AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement (MOA) re furniture replacement at the Meyera E. Oberndorf Central Library and the Bayside Area Special Services Library b. $4,021,136.25 from the American Rescue Plan Act (ARPA), Coronavirus State and Local Fiscal Recovery Funds,Municipal Utility Assistance Program to the Department of Public Utilities Operating Budget re provide utility relief assistance for delinquent residential customers c. $4,486,715 in Federal Funding from the Shuttered Venue Operators Grant, ESTABLISH Capital Project#100608, "Virginia Aquarium Animal Holding Facility Improvements," and APPROPRIATE funding for Project #100608 and the Department of the Virginia Aquarium FY2021-22 Capital Improvement Program CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Provide $7,000,000 of Existing Appropriations in Capital Project (#100059) "Resort Parking District" to the City of Virginia Beach Development Authority for Acquisition of a Structured Parking Facility at 35th Street MEETING DATE: December 14, 2021 ■ Background: Providing public parking at the Oceanfront has been a long-term goal of the City of Virginia Beach (the "City"). Currently, there are no publicly owned parking facilities north of 31st Street. City Council established Capital Improvement Program (PG100059) Resort Parking District to provide funding for public parking opportunities at the Oceanfront. Suburban Capital, Inc. (the "Developer") or an affiliated entity is developing a Hyatt Place Hotel at 3601 Atlantic Avenue (the "Hotel") on the site of the former Belvedere Hotel. Parking for the Hotel will be at 205 35th Street in a new parking structure (the "Garage"). Representatives of the Developer approached City staff about expanding the Garage to provide public parking in addition to the spaces to be constructed for use by the Hotel. The Developer had planned to construct approximately 140 spaces to satisfy the needs of the Hotel but has agreed to expand the size of the Garage to a total of 354+/- spaces. This would provide 154 private spaces for the Hotel and 200 public parking spaces. To facilitate this transaction, City Council would transfer $7,000,000 of existing appropriations to the City of Virginia Beach Development Authority (the "Authority"). The Authority would then enter into an agreement with the Developer to acquire the 200 public parking spaces and for the operation of the Garage. ■ Considerations: This project would allow the City to provide additional public parking north of 31st Street at the Oceanfront on a parcel that would otherwise provide only private parking for the Hotel. The total public investment would be $33,800 per space, with $23,900 per space attributable to the construction costs and $9,900 per space for land costs, for a total anticipated public investment of $6,760,000 (subject to adjustment should the final number of spaces vary from 200). Included in the cost per public space will be the construction of approximately 2,200 square feet of ground floor office space to be owned by the Authority and utilized for the City's Parking Operations Offices (the "Parking Office"). In addition to the Parking Office, the Developer will also construct approximately 4,600 square feet of first floor office or retail space to be retained by Developer(the "Developer Space"). Once constructed, the Garage would be a two-unit condominium with the 200 public parking spaces being one unit and the 154 spaces being the other. The Garage would be operated so that all spaces would be available for use by public and private patrons, with the access system ensuring that sufficient spaces are reserved for the Hotel at all times. The Parking Office and Developer Space will be two additional condominium units. • Public Information: This item will be advertised via the normal City Council agenda process, with an opportunity for public comment to be advertised for December 7, 2021. • Alternatives: Approve the Ordinance as presented, modify the terms as desired by City Council, or deny approval of the Ordinance. ■ Recommendation: Approval. • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Economic Development , City Manager:/V 1 ORDINANCE TO PROVIDE $7,000,000 OF EXISTING 2 APPROPRIATIONS IN CAPITAL PROJECT (#100059) 3 "RESORT PARKING DISTRICT" TO THE CITY OF 4 VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR 5 ACQUISITION OF A STRUCTURED PARKING FACILITY 6 AT 35TH STREET 7 8 WHEREAS, providing additional public parking to the Virginia Beach Oceanfront 9 has been a long-term priority of the City Council; 10 11 WHEREAS, towards that end, City Council established Capital Project #100059, 12 "Resort Parking District" (PG100059); 13 14 WHEREAS, Suburban Capital Inc. (the "Developer") or an affiliated entity is 15 developing a Hyatt Place Hotel at 3601 Atlantic Avenue (the "Hotel") on the site of the 16 former Belvedere Hotel; 17 18 WHEREAS, to satisfy the parking requirement for the Hotel, the Developer 19 intended to construct a parking facility (the "Garage") containing approximately one 20 hundred forty (140) private parking spaces on the existing surface parking lot at 205 35th 21 Street; 22 23 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 24 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 25 have engaged in negotiations with representatives of the Developer to expand the 26 Garage to include two hundred (200) public parking spaces; 27 28 WHEREAS, to fund the cost of the public portion of the Garage, City Council 29 proposes to authorize use of $7,000,000 from Capital Project #100059 "Resort Parking 30 District" by the Authority; 31 32 WHEREAS, the Authority would enter into an agreement with the Developer for 33 the acquisition of the 200 public parking spaces and the operation of the entire Garage; 34 35 WHEREAS, the Summary of Terms setting forth the conditions of the City's 36 transfer of funds to the Authority are set forth on Exhibit A, attached hereto and made a 37 part hereof; and 38 39 WHEREAS, City Council is of the opinion that additional public parking at the 40 oceanfront is in furtherance of the public interest. 41 42 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 1. The City Council hereby authorizes the provision of $7,000,000 of existing 46 appropriations within Capital Project #100059 to the City of Virginia Beach Development 47 Authority for the purchase of 200 parking spaces in the proposed Garage. Should any 48 such amounts not be required for such Garage, the City Council directs the City of 49 Virginia Beach Development Authority to return such funds to the City for the purposes 50 of Capital Project#100059. 51 52 2. The City Council requests and recommends that the Authority adopt a 53 resolution consistent with this Ordinance accepting the $7,000,000 and entering into an 54 agreement with the Developer for the acquisition of the public parking spaces and 55 operation of the Garage as set forth on the Summary of Terms, attached hereto as 56 Exhibit A, and made a part hereof. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 59 of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL i SUFFICIENCY: 6,---0..4/14 Economic DevP evelopment City Attorney CA15425 vbgov.com1DF51\Appl cations\CRyLawProd\cycom321Wpdocs1D00TP02T00383656.doc R-1 December 6, 2021 EXHIBIT A SUMMARY OF TERMS (35th Street Parking Garage) 1. Scope of Proposed Project • Developer: Suburban Capital, Inc. (or an affiliated entity) • Public Entity: The City of Virginia Beach Development Authority ("Authority") • Developer acquired property located at 205 35th Street in 2017 for$3,500,000. • Developer to construct a six-level, 354+/- space parking structure at 205 35th Street(block between Atlantic and Pacific Avenues) • Garage to support a new 140-room Hyatt Place at 3601 Atlantic Avenue • Garage to consist of 154 privately owned spaces for hotel guests and employees (140 spaces are required under OR zoning) and 200 publicly owned spaces • Garage to be a two-unit condominium with one unit(200 spaces) owned by Authority and the other(154 spaces) will be privately owned • Cross access easement to be established allowing open parking throughout the garage. • Two additional condominium units on the first floor with the Authority owning an approximately 2,200 sq. ft. unit to be conditioned and lit(the"Parking Office Unit") and the Developer retaining the other of approximately 4,600 sq. ft. to initially be a cold dark shell until a user is identified. 2. Developer Obligations • Developer would construct the entire project(hotel and garage) • Estimated private investment: $17,000,000 for hotel and $5,200,000 for garage 3. Authority Obligations • Pay actual costs up to $33,800 per parking space ($6,760,000 total if 200 spaces) o $23,900 per space for design and construction o $9,900 per space for share of land cost • Authority to make monthly payments of actual costs during development • Operate entire garage as part of parking system • The cost of the Parking Office Unit is included in the $33,800 per public space cost. 4. Garage Operations • Spaces would not delineate between private and public(open to all) • Technology used to insure adequate parking for the hotel's private use at all times • Operations and maintenance (0 & M) split proportionately based on ownership (56-43%+/-)plus a$75 per space annual contribution for capital maintenance and reserve. Private O&M costs capped at $108,000 • Garage managed to standard of other public Oceanfront garages and managed to budget based on above private cap r` ffiY ry' a IiY Q V a U 1r CO w cr ------------ k \ _ et i- U F to w Zel \ d \ o r - el t A \\- LI et M 74 --•----'---'-'---71\ S \----- 41) Q 6 \ ri:P v. Vv. o e o N 0 g __ J r v, „ el N W N 1 a \ co, \\\\ 0001:\. 0, IIfl 5 ,, \ \ ____-------."--- , el S UJ 1:-7)). \\ 1:: \.... , . ._- - 1 c_ II M — ,,.-._ : i \ r1 U Q a U L 14 N ` U n0. el 6. o Io M kg W o N gel 10 n n o 8 /J M T 1 Y ...L -- '" Disclosure Statement "\B City ofVi ginia Beath Planning&Community Development 4111W The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure ,,11 Applicant Name B CI 91VQ lX4 OAQA `nves.tvten1 Associaies1LLC Does the applicant have a representative? 0 Yes I No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Ita Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) S. Clnrts*oher Qtoy • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a list if necessary) Svbvfbav' C01++a1 i1V1c. Sj okOw Mollapri Lac- i"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09 2020 1 1 P a g e Disclosure Statement City of V ginio Beach Planning &Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes 'No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Ri Yes ❑ No • If yes,identify the financial institutions providing the service. 10wv`°S tk4 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes l 'No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?lYes ❑ No • If yes,identify the firm and individual providing the service. ?P0 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? t Yes ❑ No • If yes,identify the firm and individual providing the service. NCol, A.6f not Irt‘ , WPI, CLavAdscafe ✓cL 4tcF)5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes IrNo • If yes,identify the purchaser and purchaser's service providers. Revised 11 09 2020 2 I P a g e Disclosure Statement City of Virgirria Beath Planning & Community - Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?111 Yes ❑ No • If yes,identify the company and individual providing the service. 1A01niy11.11 NASfiywwtloYi Coro• 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?if Yes ❑ No • If yes,identify the firm and individual providing the service. priap Met\ Associates 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? 7Yes ❑ No • If yes,identify the firm and individual providing the service. Pmaor 6r *,wia(Cd, P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature tj . C.IAfisi1)0Vir eexr� - Print Name and Title 010(0121 Date Is the applicant also the owner of the subject property? 111Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09 2020 3 I P a g e I .gi. , ,...4.?„, ft ,, ��S f N:!,:.....,_,....:." ‘,...„.:,,.... CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: Ordinances to Designate The Cole Academy Preschool, Inc., Mutts with a Mission, Shakyamuni Buddhist Meditation Monastery, Hampton Roads VegFest, New Light Community Outreach, Wild Baby Raccoon Rescue, Wave College, Inc. t/a Wave Leadership College, Your Wellness, Inc., and Discover Courage as Being Exempt from Local Property Taxation MEETING DATE: December 14, 2021 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1 . Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). • Considerations: The Commissioner of the Revenue has received ten applications for tax exemption by designation, and nine are presented for the City Council's action. The Commissioner has reviewed the nine applications presented for formal action and finds each meets the City Council policy for Tax Exemption by Designation. However, two of the applications include real property, and the applicant seeks exemption of such property notwithstanding the fact that an operator of the nonprofit resides in the real property. These are forwarded for consideration because Virginia caselaw would allow exemption of the real property if the primary use of the property is subject to exemption and the operator residence supports that use. For the two applications in this package, the training of puppies may require nontraditional and overnight hours, and the conduct of mediation retreats includes nights and weekends. • Alternative: City Council is not required to approve exemption requests. • Public Information: A public hearing for these items was held on December 7, 2021, during the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. • Attachments: Ordinances (9); Commissioner of Revenue Summary of the Applications (9); Disclosure Forms (9); Council Policy Recommended Action: Approval of Ordinances Submitting Department/Agency: Commissioner of the Revenue City Manager: 1 1 AN ORDINANCE TO DESIGNATE THE COLE ACADEMY 2 PRESCHOOL, INC. AS BEING EXEMPT FROM LOCAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to The Cole Academy Preschool, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates The Cole 13 Academy Preschool, Inc. a charitable organization within the context of§ 6(a)(6)of Article X of 14 the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by The Cole Academy Preschool, Inc. 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by The Cole Academy Preschool, Inc. for 23 exclusively charitable purposes; 24 25 (b) that each July 1, The Cole Academy Preschool, Inc. shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, The Cole Academy 31 Preschool, Inc. shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d)that The Cole Academy Preschool, Inc. cooperate fully with the Commissioner of 35 the Revenue with respect to audit of its financial records and compliance with 36 the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021 . Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i r Corn is is r . ! -venu- - i y 6)Att ey's Office CA15638/R-2/December 8, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: The Cole Academy Preschool Inc. Website: www.thecoleacademy.school SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Cole Academy Preschool was founded in order to bring nature and wholesome early childhood experiences for children ages 3-7 years. They believe children should experience life in a playful and hands-on manner. The program forms partnerships with teacher training programs in both the public high schools and community colleges to provide a "best practices" environment for student teaching internships. Their goal is to not only educate the children but to also provide future teachers an opportunity for on- site training and experiences. The students and teachers will spend a great part of their day playing in the outdoor classroom and nature play environment. Their commitment is to inspire pro-social friendships, strong interactive skills, and instill a sense of hope in the future for both the children and future teachers. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $30,616.09 Tax: $1,224.76 RELEVANT INFORMATION IRS Granted 501 (c)3 status—April 6, 2017 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: g"cai-c gcii flY SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO I SERVICE i i PROVIDER(use additional sheets If needed) LK Accounting and/or preparer of your tax return r' I+ Financial Services (include ® lending/banking institutions and current mortgage holders as N/Q applicable) Legal Services n,/A Broker/Contractor/Engineer/Other Service Providers NfA- i CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it chang s prior to the Council action upon this Application. , IlL1 �. 4-20 ZJ APPLI ANT'S SIGNATURE PRINT NAME N DATE 1 AN ORDINANCE TO DESIGNATE MUTTS WITH A 2 MISSION AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Mutts with a Mission; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Mutts with 13 a Mission a charitable organization within the context of§6(a)(6)of Article X of the Constitution 14 of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Mutts with a Mission located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Mutts with a Mission for exclusively charitable 23 purposes; 24 25 (b) that each July 1, Mutts with a Mission shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Mutts with a Mission shall 31 file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d)that Mutts with a Mission cooperate fully with the Commissioner of the Revenue 35 with respect to audit of its financial records and compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1 , 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021 . Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO,CONTpT: APPROVED AS TO LEGAL { NCY: Commissioner f e evenue ity ney's Office CA15639/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Mutts With A Mission Website: https://www.muttswithamission.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Mutts With A Mission trains and provides Service Dogs for United States Service Members who served active duty and have a service-connected disability as well as Law Enforcement Officers, First Responders, and Federal Agents with a line-of-duty connected disability. Each dog will be trained to complete work or tasks that aid with the handler's documented disability. Location of the non-profit is also the primary residence of the Executive Director and is currently pending approval from City Council for CUP. TAX IMPACT Real Property Parcel Assessment: $733,500.00 Tax: $5,042.08 Business Property Assessment: Tax: Personal Property Assessed Value: None Tax: None Vehicle: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—February 9, 2009 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: L AA SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets If ` needed) ❑ Accounting and/or preparer of liw0I-- your tax return lays J� SC1ti / ❑ Financial Services (include Q ��-- lending/banking institutions and f3�"� 1 current mortgage holders as applicable) Paw& wt.) (3 ❑ Legal Services bNQid o4 --S Er- Broker/Contractor/Engineer/Other Service Providers S C G to Kp CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Ooze rSo r 2 ( APPUUWTS SIGNATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE SHAKYAMUNI 2 BUDDHIST MEDITATION MONASTERY AS BEING 3 EXEMPT FROM LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Shakyamuni Buddhist Meditation Monastery; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 13 Shakyamuni Buddhist Meditation Monastery a charitable organization within the context of§ 14 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Shakyamuni Buddhist Meditation 17 Monastery located within the City of Virginia Beach that is used exclusively for charitable 18 purposes on a nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Shakyamuni Buddhist Meditation Monastery for 23 exclusively charitable purposes; 24 25 (b)that each July 1, Shakyamuni Buddhist Meditation Monastery shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Shakyamuni Buddhist 31 Meditation Monastery shall file an exemption application with the Commissioner 32 of the Revenue as a requirement for retention of the exempt status of the 33 property; and 34 35 (d) that Shakyamuni Buddhist Meditation Monastery cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPIVEDI S TO `•NTE T: APPROVED AS TO LEGAL 7FIC NCY- Commissioner • t 14-venue ttor y's Office CA15640/R-1/Novem. 9, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Shakyamuni Buddhist Meditation Monastery Website: https://vbmeditation.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY A religious organization providing various activities for people who like to cultivate good human qualities, learn Buddhism and practice meditation. The address of the non-profit is the home of Venerable Bandarawela Seelaviveka who is the President and Director. TAX IMPACT Real Property Parcel Assessment: 158,700.00 Tax: 1,614.78 Business Property Assessment: None Tax: Personal Property Assessed Value: None Tax: Vehicle: RELEVANT INFORMATION IRS Granted 501 (c)3 status— May 21,2020 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: .5.be4kw _ hiLt i oh MoinCt5te-r tnc SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of 51 C.a Love- your tax return uirsi',p &cacti, 23At52 Financial Services (include r 1 lending/banking institutions and Atlantic union gank current mortgage holders as applicable) chi ld ress , Flax , t..evirtc, Pc Legal Services 533 , PKwtowvr Roae1 , Sui-1ciot VirginiA ekacti vA 23A62• ED 0 Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 81aV+ G l . L t�v �Clcn 11 0 202-� APPLICANT'S SI ATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE HAMPTON ROADS 2 VEGFEST AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Hampton Roads VegFest; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Hampton 13 Roads VegFest a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Hampton Roads VegFest located within 17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Hampton Roads VegFest for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Hampton Roads VegFest shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Hampton Roads VegFest 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Hampton Roads VegFest cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS T CONTE APPROVED AS TO LEGAL SUF Y: (pki s / -) Commission o th Revenue i n s ffice CA15641/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Hampton Roads VegFest Website: https://hamptonroadsvegfest.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY Hampton Roads VegFest is an organization whose goal is to educate the community on healthy eating and making healthier lifestyle choices. They hold festivals and community events that are plant-based and are certified green events, which means they take every measure to reduce the amount of trash at their events. There are speakers, food vendors, bands, an interactive kids'zone, exhibitors etc. They encourage their guests to bring their own reusable plates, cups, bowls, etc. The vendors use only recyclable or compostable materials.The events are free and open to the public. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $1,644.00 Tax: $65.76 Personal Property Assessed Value: None Tax: None Vehicle: RELEVANT INFORMATION IRS Granted 501 (c) 3 status December 12, 2017 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: V9 S-i- SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YE NO SERVICE PROVIDER(use additional sheets if S needed) rr— Accounting and/or preparer of your r7S WOCr( ❑ L"J tax return C j Wf'CV( Financial Services(Include r� ❑ lending/banking institutions and t'N C current mortgage holders as applicable) ❑ D Legal Services A ` A Broker/Contractor/Engineer/Other /v! ❑ Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. J- APP C 551GNATU PRIN NAME 41Z , 7/LiEVZ T ,� z 1 AN ORDINANCE TO DESIGNATE NEW LIGHT 2 COMMUNITY OUTREACH AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to New Light Community Outreach; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates New Light 13 Community Outreach a charitable organization within the context of§6(a)(6)of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by New Light Community Outreach located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by New Light Community Outreach for exclusively 23 charitable purposes; 24 25 (b) that each July 1, New Light Community Outreach shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, New Light Community 31 Outreach shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d) that New Light Community Outreach cooperate fully with the Commissioner of 35 the Revenue with respect to audit of its financial records and compliance with 36 the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTE T: APPROVED AS TO LEGAL SUF Y: ommissio er of he Revenue orne ' ice CA15642/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: New Light Community Outreach Website: N/A SUMMARY OF NONPROFIT BUSINESS ACTIVITY The organization's mission is to positively impact and empower lives socially, economically, spiritually and through educational endeavors in partnership with the community.They provide peer tutoring, food to the needy, health checks and information to the Virginia Beach community at no cost. They also hold community picnics to provide bookbags for back to school. TAX IMPACT Real Property Parcel Assessment: N/A Tax: N/A Business Property Assessment: $790.00 Tax: $31.60 Personal Property Assessed Value: Tax: N/A Vehicle: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—February 25.20I 4 DISCLOSURE STATEMENT FORM E:-_:a �._.-_.r�s-�_-� .._��. ., ,. - •. :r-.._z�— ,-4.-'-•-r.•:.—;ter. The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: _OLALLLigi __tiLMnattu Yif d GfrzeI SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) D Accounting and/or preparer of '� �� l� .-n5 your tax return I VFinancial Services (include /� J-1 collie, Om 1- i lending/banking institutions and /� ` current mortgage holders as OVA applicable) El [f Legal Services El I Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. i „,eitA_a VLA.--2,e,W./.)--- cewoc V\A. ,--De,u5 (-iiiiib '-) ) PL CANT'S SIGNATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE WILD BABY RACCOON 2 RESCUE AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Wild Baby Raccoon Rescue; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Wild Baby 13 Raccoon Rescue a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Wild Baby Raccoon Rescue located within 17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Wild Baby Raccoon Rescue for exclusively 23 charitable purposes; 24 25 (b)that each July 1,Wild Baby Raccoon Rescue shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax-exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Wild Baby Raccoon 31 Rescue shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d) that Wild Baby Raccoon Rescue cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFF CY: p ommissi r f the Revenue • or y's Office CA15643/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Wild Baby Raccoon Rescue Website: https://www.wildbabyraccoonrescue.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY We take in baby raccoons, possums, squirrels, and foxes. We also have an opossum, 2 raccoons, and a red fox that are non-releasable and are used for educational purposes. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $5,420.00 Tax: $216.80 Personal Property Assessed Value: None Tax: None Vehicle: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—March 25,2019 Taxpayer does not generate enough revenue for a filing requirement for federal 990N tax return. t DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all appfkations herein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION I / APPLICANT DISCLOSURE Organization name: .: . ._� ,_ter , - SECTION 2.. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If ter& arfsViet to any itern is YES, please identify the fir, or individual providing the sery ce YES .` NO SERVICE PROVIDER fuse additional sheets it heedeist ... 4 ' Accowttinq and/or preparer of _. r tax return ' in cc i 5t ricer tin tti _.._. -.- . _. ^_W -. _ — f f r— fending, anking Institutions and' i _ i, current mortgage holders as _ - ., 4 a2plica niei Legai ServicesY. a 4 Bracer,C:or�tractor/'Lngin ertOther a ` = Service Providers { C I certify that all of the forrmatiori ccrtta=aced it1 Otis Disclosure-Stater ent Form is y tr complete, true, and accurate. 4 understand i an responsible for updating the information provided heresy, if i- changes prior to the Council action upon this Application. -: R *- ' '`'. , - ------t----4._.--__—,--.__ti,a,,, ..."1- ...t-'Z:z7-3. f _ - , . .. . ..-;. f 1 AN ORDINANCE TO DESIGNATE WAVE COLLEGE, INC. 2 AS BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 real and personal property taxes to Wave College, Inc.; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Wave 12 College, Inc. a charitable organization within the context of § 6(a)(6) of Article X of the 13 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That real and personal property owned by Wave College, Inc. located within the City 16 of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Wave College, Inc. for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Wave College, Inc. shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return, or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2025, Wave College, Inc. shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d) that Wave College, Inc. cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL CY: /11 Commission-r olip Revenue i or 's ffice CA15644/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Wave College Inc.T/A Wave Leadership College Website: www/wavecollege.edu SUMMARY OF NONPROFIT BUSINESS ACTIVITY The mission of Wave Leadership College, as an experience-rich, academically-adept institution of Biblical higher education, is to equip Christian leaders to build the local church and transform their communities for the glory of God. TAX IMPACT Real Property Parcel Assessment: N/A Tax: Business Property Assessment: $44,137.40 Tax: $1,765.50 Personal Property Assessed Value: N/A Tax: Vehicle: RELEVANT INFORMATION IRS Granted 501 (c)3 status—November 22, 2010 • .};,. ;?4. ,�d- ?.'-::?"•',.. sl:f ' a" �[�fAt. :k'>f I. ,Y .=;(;�": •��• _+ �i; • • .•;;) • •• ;:e • .6. .% ,i•t•.'{ .• _ 1:•• ill •� _ .. •yj+•; 71 ?• '•�•ip.,7. it?.•."t,..f.'Y.' .sf.Y�• f1..1.1.9rk-:Y..•:.ai-!w•I'C. (i•..•#i+i '-Y.• : •.'t..i2 • • .i..'t'� -. ' ;� • • .•,.-- •e plica l5 :ube .4sud1 , lilt--.; i. t• • . (r *Udons.' :Kle.City seeks to.b0w of the . o In.ad of•_ d p such _:°' ` SECTION 1 ; :AP I. l1T' R ' - • ' .' •• 'Organization:nam•e. • .tWave • ership, age •': •,r 1 ;: nY of the �11+ ' edt -pad-14,idnr..,...ri.i Ph fit( ' r` . ': 's r to .please-Heil Jy.-;the fine•ads ii 0).40. ' providing tine R•' • t. S0V4.1e.''i l 1V,'• •,t•.rl.f '.t,I•�f •• {'{.g i• ,••7 ( _ • •. ••ATr�f1tt� ,iF..1.. ..yy Y�,y• l •. .5-'iL. •__ f.,•• ..• . - • • 7: .. '("�•.- :".•xi ...i,,.•t°.. ••'.. •• • • rail.• •; 1_:+. •, �-`..' •.. .. -t1.•. • ,, ?: ;r? ;•;i! '.i: .. ;:.. . :,r. : .r MOJa•b:Csmp inY' . . ;.. fr r •, •! ' :P.o 8a .531 ,,. AC CO Billigii • ' _ • F, 'f' ."'t i r ' and current mortgage boill re us t of.. on-G5 ' • ' • '•: • • • 'accounts • DetOk`Hdsel';•Esc Dillon Law ..Q; .', tail ServicesCroup: • i.•i.� .:.•t':•fl-.• . .t-• ..•.. EDM SOIudohs n- et+slceyone Cor/Fnehtue,0k:. :. . . -' :•'•; '. 'liar. • mrs t L' 1, : • • • • t • f_ f•• 1, t 9 7 . 1 to- :. :, , • • ,•'::.; • o • t•: ;'? jy z�. •1 i.- • '•i•.. .-. ._Y' •+• . .,,.6j.. .. .'+.. ... ...,..ice._ .•' �; J a- _ 1!. - •.r 1 AN ORDINANCE TO DESIGNATE YOUR WELLNESS, INC. 2 AS BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 real and personal property taxes to Your Wellness, Inc.; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Your 12 Wellness, Inc. a charitable organization within the context of § 6(a)(6) of Article X of the 13 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That real and personal property owned by Your Wellness, Inc.located within the City 16 of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Your Wellness, Inc. for exclusively charitable 22 purposes; 23 24 (b)that each July 1, Your Wellness, Inc. shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return,or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2025, Your Wellness, Inc. shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d)that Your Wellness, Inc. cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL rSU NCY: . Commission r f t e Revenue • or y's Office CA15645/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Your Wellness Inc. Website: https://www.yourwellnessinc.net SUMMARY OF NONPROFIT BUSINESS ACTIVITY TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $1,291.60 Tax: $51.66 Personal Property Assessed Value: None Tax: None Vehicle: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—April 10,2020 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE� Organization name: _ (,f � �e SECTION 2. SERVICES DISCLOSURE Are arty of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Er Accounting and/or preparer of your tax return zrFinancial Services (include lending/banking institutions and current mortgage holders as applicable) ED d Legal Services El 1 EK Broker/Contractor/Engineer/Other Service Providers _ CERTIFICATION: , . _._ ..a. ....�.... ,�._. I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. I , , �;�i✓� • (,�/�'� _ • �`XJ1 c,' il Htirj'c 1 QJf� i A PLJCANT'S SIGNATUR PR NT NAME DATE .n..nns mil✓ `• .•. 1 AN ORDINANCE TO DESIGNATE DISCOVER COURAGE 2 AS BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with§58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 real and personal property taxes to Discover Courage; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Discover 12 Courage a charitable organization within the context of§6(a)(6)of Article X of the Constitution 13 of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That real and personal property owned by Discover Courage located within the City 16 of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Discover Courage for exclusively charitable 22 purposes; 23 24 (b)that each July 1, Discover Courage shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return, or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2025, Discover Courage shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d) that Discover Courage cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS T CONTENT: APPROVED AS TO LEGAL SUF NCY: Commissione f th Revenue i ' Office CA15646/R-1/November 19, 2021 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Discover Courage Website: https:teamdiscovercourage.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Discover Courage's mission is to foster leadership development and personal growth for Interagency and National Missions Force Members, past and present through exclusive programs respectful of the specific needs of the community and its members. Discover Courage's foundational program is a guided outdoor activity, such as fly-fishing that is held at various locations. Discover Courage is currently in the state of WA and will be moving to Virginia Beach. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $20,588.00 Tax: $823.52 Personal Property Assessed Value: None Tax: None Vehicle: None RELEVANT INFORMATION IRS Granted 501 (c)3 status--January 11,2013 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Discover Coura&e dba Team Discover Courage SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please Identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Q Accounting and/or preparer of Financial Technologies& your tax return Management-Indianapolis,IN Financial Services (include El0 lending/banking institutions and 1'ownel3ank,1\'orfolk VA current mortgage holders as applicable) 0 ❑X Legal Services n Broker/Contractor/Engineer/Other Service Providers I CERTIFICATION: 1 I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. + Tay Manty 10/28/2021 APPp5ANT'SSIGNATURE j PRINT NAME DATE { 1`. �`lowAt y Original Proposal a _ %t ._ f o i •� ::>. CityCouncli Policy Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoptiorr February 3, 2004 1 Dares of Revisions:May 6,2008 Page 1 of 4 1.0 Purpose and Need • Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent,cultural,or public park and playground purposes. However,as provided in Virginia Code§58.1-3651, the local governing body must adopt an ordinance to exempt the property. . 2.0 PoIicy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: C", 1 Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6,2008 Page 2 ,of 4 • 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive • Title: City Council Policy Regarding Applications for Tax Exemption by Designation • Date of Adoption: February 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy,the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Coundl's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption.Responsibility for making available information, application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City CounciI's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefit resulting from tax exemption shall rest exclusively with the City Council Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. ( .''. .., Nu..ac1 44 .,,,,,...,:., __,,,,, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: (1) An Ordinance to Amend Section 18-5.2 of the City Code Pertaining to Business License Fees and Taxes and to Provide Revenue Offsets (2) An Ordinance to Amend the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools to Set the Tax Rate for Tangible Personal Property of a Business that Qualifies for the Business License Incentive Program for New Businesses and to Provide Revenue Offsets (3) An Ordinance to Amend the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools to Set the Tax Rate for a Motor Vehicle Owned and Used Primarily by or for Someone at least Sixty-Five Years of Age or Anyone Found to be Permanently and Totally Disabled and to Provide Revenue Offsets MEETING DATE: December 14, 2021 • Background: This item provides updates to the City's taxation by way of business license taxes and personal property taxes. With regard to business license taxes, the attached ordinance would increase the gross receipts threshold for businesses paying a flat amount. Currently, a business with $25,000 or less in gross receipts would pay $40, and a business with $25,001 to $100,000 would pay $50. The proposal would provide businesses with $25,000 or less in gross receipts would pay $25, and a business with $25,001 to $300,000 would pay $40. With regard to personal property, there are two proposals. First, there would be personal property tax relief for new businesses. This is a companion program to the current Business License Incentive Program that the City Council requested in its 2011 Legislative Agenda. For a qualifying business that locates to the City for the first time, the personal property would be taxed at a rate of$0.00001 per $100 of assessed value. Second, the current relief provided to elderly and disabled taxpayers reduces the tax rate from $4.00 to $3.00. The attached ordinance would further reduce the rate to $0.000001 per $100 of assessed value. • Considerations: Each of these proposals will require an offset for reduced revenue. The anticipated revenue offset for the business license program is $2,180,425. The new business program would require $265,516, and the elderly and disabled rate update would require $70,616. The proposed source for such offsets is the fund balance of the General Fund. The rationale for this source is that the FY2021 fiscal year overperformance of each will more than pay for the proposed tax relief. These items are presented with a January 1, 2022 effective date. Of particular sensitivity is the business license ordinance. The Commissioner of the Revenue is required to begin the license year with a set of parameters, and such parameters will be in place for the entire calendar year. Having the business license ordinance in place prior to January 1 will allow the Commissioner to begin issuing licenses as soon as the calendar year commences. • Public Information: Normal Council agenda process. • Attachments: Ordinances (3); Commissioner of the Revenue Summaries (3) REQUESTED BY COUNCILMEMBER TOWER AND WOOTEN REQUESTED BY COUNCILMEMBER TOWER AND WOOTEN 1 2 AN ORDINANCE TO AMEND THE CALENDAR YEAR 3 2022 TAX LEVY ON PERSONAL PROPERTY AND 4 MACHINERY AND TOOLS TO SET THE TAX RATE 5 FOR TANGIBLE PERSONAL PROPERTY OF A 6 BUSINESS THAT QUALIFIES FOR THE BUSINESS 7 LICENSE INCENTIVE PROGRAM FOR NEW 8 BUSINESSES AND TO PROVIDE REVENUE 9 OFFSETS 10 11 WHEREAS, the City Council requested and received legislation in 2011 that 12 allowed localities to provide business license tax reductions for new businesses and 13 businesses that relocate to a city, county, or town; 14 15 WHEREAS, the City Council enacted the Business License Incentive Program 16 for New Businesses on June 28, 2011; 17 18 WHEREAS, in addition to relief for business license taxes, the General Assembly 19 has separately classified the tangible personal property of businesses that meet the 20 definition of "qualifying businesses" for purposes of the Business License Incentive 21 Program for New Businesses; 22 23 WHEREAS, a separate tax classification allows the City Council to adopt a tax 24 rate for tangible personal property that is lower than the tax rate for the general 25 classification of tangible personal property; 26 27 WHEREAS, the City Council desires to separately classify tangible personal 28 property of businesses that qualify for the Business License Incentive Program for New 29 Businesses; 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA, THAT: 33 34 1. The Ordinance Establishing the Tax Levy on Personal Property and Machinery 35 and Tools for the Calendar Year 2022 is hereby amended to add new Sectionl7 36 to read as follows: 37 38 Sec. 17. Tangible Personal Property of a Business that Qualifies for the 39 Business License Incentive Program for New Businesses. 40 The tax rate applicable to the tangible personal property of a business that 41 qualifies for the Business License Incentive Program for New Businesses, such 42 classification authorized by § 58.1-3506(A)(45), shall be one millionth of one cent 43 ($0.000001) per $100 of assessed value. This tax classification shall apply for 44 the first two tax years in which the qualifying business is subject to tax upon its 45 personal property in the City of Virginia Beach. 46 47 2. To provided offsets for this ordinance, $265,516 is hereby provided from the fund 48 balance of the General Fund to the revenue anticipated from personal property 49 taxes. 50 51 3. The effective date of this ordinance is January 1 , 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: � l Commissioner fare re Revenue C. At orney' Office CA15501 R-1 December 7, 2021 REQUESTED BY COUNCILMEMBER TOWER AND WOOTEN 1 AN ORDINANCE TO AMEND SECTION 18- 2 5.2 OF THE CITY CODE PERTAINING TO 3 BUSINESS LICENSES FEES AND TAXES 4 AND TO PROVIDE REVENUE OFFSETS 5 6 SECTION AMENDED: § 18-5.2 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 1. That Section 18-5.2 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 18-5.2. License fees and taxes. 15 16 Effective January 1, 1997, every person required by section 18-5 of this chapter to have 17 a business license shall pay the following license fees and taxes, as applicable, unless 18 specifically provided otherwise: 19 20 (a) Businesses with gross receipts during the preceding calendar year of twenty-five 21 thousand dollars ($25,000.00) or less shall pay a fee of twenty-five ferry dollars 22 ($25.00 /10.00); 23 24 (b) Businesses with gross receipts during the preceding calendar year of between 25 twenty-five thousand and one dollars ($25,001 .00) and three eae hundred thousand 26 dollars ($300,000.00 100,000.00) shall pay a fee of forty fifty dollars ($40.00 50.00); 27 28 (c) Businesses with gross receipts during the preceding calendar year of greater 29 than three eee hundred thousand dollars ($300,000.00 100,000.00) shall pay a 30 license tax on gross receipts. Such license tax shall be calculated by applying the 31 specific percentage rate provided in this chapter for each different classification of 32 business to the amount of a business' gross receipts; and 33 34 (d) "For purposes of this section, the term "gross receipts" shall include, but not be 35 limited to, the following: gross receipts, gross sales, gross commissions, gross 36 contracts or orders. 37 38 2. To provided offsets for this ordinance, $2,180,425 is hereby provided from the 39 fund balance of the General Fund to the revenue anticipated from business license 40 taxes. 41 42 3. This ordinance shall apply for business license years on or after January 1, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L.A Commissi•' ►`f Revenue ity A n ' Office CA15502 R-2 December 7, 2021 REQUESTED BY COUNCILMEMBER TOWER AND WOOTEN 1 AN ORDINANCE TO AMEND THE CALENDAR YEAR 2 2022 TAX LEVY ON PERSONAL PROPERTY AND 3 MACHINERY AND TOOLS TO SET THE TAX RATE 4 FOR A MOTOR VEHICLE OWNED AND USED 5 PRIMARILY BY OR FOR SOMEONE AT LEAST SIXTY- 6 FIVE YEARS OF AGE OR ANYONE FOUND TO BE 7 PERMANENTLY AND TOTALLY DISABLED AND TO 8 PROVIDE REVENUE OFFSETS 9 10 WHEREAS, the General Assembly has created a separate tax classification that 11 allows the City Council to adopt a tax rate lower than the tax rate applicable to the general 12 classification of tangible personal property for a motor vehicle owned and used primarily 13 by or for someone at least sixty-five years of age or anyone found to be permanently and 14 totally disabled; 15 16 WHEREAS, the City Council desires to lower the applicable rate for such vehicle 17 from the rate established as part of the FY2021-22 Operating Budget; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 1 . The Ordinance Establishing the Tax Levy on Personal Property and Machinery 23 and Tools for the Calendar Year 2022 is hereby amended to read as follows: 24 25 Sec.11. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or 26 for Someone at Least Sixty-Five Years of Age or Anyone Found to be 27 Permanently and Totally Disabled. 28 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of 29 Virginia, there shall be a reduced tax, levied and collected for general 30 purposes for calendar year 2022, at the rate of one millionth of one cent 31 ($0.000001) three dollars ($3.00) on each one hundred dollars ($100.00) 32 of assessed valuation, on one (1) automobile or pickup truck owned and 33 used primarily by or for anyone at least sixty-five years of age or anyone 34 found to be permanently and totally disabled, as defined in Section 58.1- 35 3506.3 of the Code of Virginia, subject to the following conditions: 36 1 . The total combined income received, excluding the first $7,500 of 37 income, from all sources during calendar year 2020 by the owner of the 38 motor vehicle shall not exceed twenty-two thousand dollars ($22,000). 39 2. The owner's net financial worth, including the present value of all 40 equitable interests, as of December 31 of calendar year 2020, excluding the 41 value of the principal residence and the land, not exceeding one (1) acre, 42 upon which it is situated, shall not exceed seventy thousand dollars 43 ($70,000). 44 3. All income and net worth limitations shall be computed by 45 aggregating the income and assets, as the case may be, of married 46 individuals who reside in the same dwelling and shall be applied to any 47 owner of the motor vehicle who seeks the benefit of the preferential tax rate 48 permitted under this ordinance, irrespective of how such motor vehicle may 49 be titled. 50 b. Any such motor vehicle owned by married individuals may qualify if 51 either spouse is sixty-five or over or if either spouse is permanently and 52 totally disabled, and the conditions set forth in subsection (a) have been 53 satisfied. 54 55 2. To provided offsets for this ordinance, $70,616 is hereby provided from the fund 56 balance of the General Fund to the revenue anticipated from personal property 57 taxes. 58 59 3. The effective date of this ordinance is January 1, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I .mmissi.13 f the Revenue C' ney' Office CA15511 R-1 December 7, 2021 T.' Ida Commissioner of the Revenue ''' �, j r t_) L6 �,)4 „ City Hall 4-, ►' 2401 Courthouse Drive ",.t ,t• Virginia Beach,VA 23456-9002 t- ;; Philip J. Kellam 757.385.4251 Commissioner www.vbgov.com/cor Tax Relief for Small Businesses Summary Proposal Adjust the Business Professional Occupational License ("BPOL")Tax minimum threshold for gross receipts from $100,000 to $300,000. The current threshold was established in 1997 and has not been adjusted since. This will cut taxes on average by$102 on 21,346 businesses and reduce BPOL revenue $2,180,425. Current Thresholds Gross Receipts per Number of Total Gross Business Businesses Receipts Tax Rate Tax 0-$25,000 10,276 $107,116,141 $40 $413,129 $25,001- $100,000 7,376 $413,562,255 $50 $370,435 $100,001 - $300,000 3,694 $643,183,119 $0.0012—$0.0058 $2,096,561 [Totals 21,346 $1,163,861,515 $2,880,125 Proposed Thresholds Gross Receipts per Number of Total Gross Business Businesses Receipts Tax Rate Tax Revenue from 0- $25,000 Threshold 1.0,276 $25 $256,900 Revenue from New bThreshold 7,376 + 3,694 $40 $442,800 Loss of Revenue $2,880,125 - i Eguation $699,700= Loss in Revenue $2,180,425 Of Commissioner of the Revenue � � City Hall _:e- 2401 Courthouse Drive Fw,., Virginia Beach,VA 23456-9002 `tit Philip J. Kellam 757.385.4251 Commissioner www.vbgov.com/cor Tax Relief for New Businesses Summary Proposal Adjust the Business Tangible Property ("BTP")Tax rate to a $0.000001 (millionth)of a cent for two years on all classes of qualifying new businesses. This proposal will encourage diversification and new business development in the post COVID economy. This will cut taxes on average by$1,619 on 164 new businesses and reduce BTP revenue by $256,516. Details Number of Average Qualifying Total Assessed Assessed Loss in Businesses Value of BTP Value Average Tax Revenue 164 $16,595,003 $101,189 , $1,619 $265,516 , Commissioner of the Revenue :_, fir City Hall a=,• 2401 Courthouse Drive `.,, _.•J� Virginia Beach,VA 23456-9002 Philip J. Kellam 757.385.4251 Commissioner www.vbgov.com/cor Tax Relief for Senior and Disabled Taxpayers Summary Proposal Adjust the Personal Property Tax rate to 0.000001 (millionth of cent) and provide substantive tax relief to our most vulnerable class of taxpayers. This will cut taxes on average by$143 on 918 taxpayers and reduce personal property tax revenue $70,616. Background Virginia Beach provides Personal Property Tax Relief for Senior or Disabled residents who are so qualified: 1. 65 years or older by December 31 —OR— Permanently and totally disabled as certified by the Social Security Administration or 2 doctors 2. Annual gross income cannot exceed $29,500 3. Total assets cannot exceed $70,000, excluding the value of your home and up to 1 acre of land Current Relief Details @$3.00 reduced tax rate rather than @$4.00 general tax rate Number of Loss in Qualified Assessed Total Average Revenue Type Taxpayers Value Tax Relief Revenue Tax _ from $4 to $3 Elderly& Disabled 918 $4,690,013 $60,813 $131,429 $143 $23,538 Proposed Relief Details @ one millionth of a cent($0.000001)tax rate: Number of Additional Qualified Assessed Total Average Loss in Type Taxpayers Value - Tax Relief Revenue Tax Revenue Elderly & Disabled 918 $4,690,013 $131,429 $0 $0 $70,616 4si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding the Membership of the 5/31 Memorial Committee MEETING DATE: December 14, 2021 • Background: In December 2020, the City Council approved a resolution to establish the 5/31 Memorial Committee ("Committee") to guide the 5/31 memorial planning process. In October 2021, the City Council approved a resolution that, among other things, (1) notes that Kearns & West is the consulting firm that serves as the family and survivor liaison; and (2) provides that the membership of the Committee shall consist of ten to twelve members and include two City Council members and the family and survivor liaison as voting members. The City Council desires to alter the Committee membership to designate the two Council members as nonvoting liaisons and designate the family and survivor liaison as an ex officio, nonvoting member. Removing the Council members as voting members will enable the City Council to appoint more citizens to the Committee. • Considerations: This resolution removes the two Council members as voting members and instead notes that two Council members will serve as nonvoting liaisons to the Committee. The resolution also provides that the family and survivor liaison will serve as an ex officio, nonvoting member. • Public Information: Normal Council Agenda process. • Attachments: Resolution Requested by Councilmembers Berlucchi and Wooten REQUESTED BY COUNCILMEMBERS BERLUCCHI AND WOOTEN 1 A RESOLUTION REGARDING THE MEMBERSHIP OF THE 2 5/31 MEMORIAL COMMITTEE 3 4 WHEREAS, in December 2020, the City Council approved a resolution to establish 5 the 5/31 Memorial Committee ("Committee") to guide the 5/31 memorial planning 6 process; 7 8 WHEREAS, in October 2021, the City Council approved a resolution that, among 9 other things, (1) notes that Kearns & West is the consulting firm that serves as the family 10 and survivor liaison; and (2) provides that the membership of the Committee shall consist 11 of ten to twelve members and include two City Council members and the family and 12 survivor liaison as voting members; and 13 14 WHEREAS, the City Council desires to alter the Committee membership to 15 designate the two Council members as nonvoting liaisons and designate the family and 16 survivor liaison as an ex officio, nonvoting member, which will enable the City Council to 17 appoint more citizens to the Committee. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 That the membership of the Committee shall consist of between ten and twelve 23 voting members appointed by the City Council. The Committee shall consist of the 24 following: at least two design professionals having expertise in the fields of architecture 25 or landscape architecture; at least one mental health professional; three members of the 26 general public, including at least two directly affected by the 5/31 tragedy; a 27 representative from the Historical Preservation Commission; and a family and survivor 28 liaison; provided, however, that the family and survivor liaison shall be an ex officio, 29 nonvoting member. In addition, two members of the City Council shall serve as nonvoting 30 Council liaisons to the Committee. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15658 R-1 December 7, 2021 rr, �H, H i7))) i 4u'czl,� ,3'. CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City- Owned Property Known as West Canal, Located at the Rear of 2309 Broad Bay Road. MEETING DATE: December 14, 2021 • Background: John P. Dunn and Kimberly B. Dunn (f/k/a Kimberly A. Brown) (the "Dunns") have requested permission to maintain two (2) existing boat lifts (each approximately 19.93' x 13.16') and a 125.41' wooden bulkhead, and to construct and maintain a proposed 7' x 65.77' wooden dock and 123' vinyl bulkhead into City-owned property known as West Canal (collectively, the "Temporary Encroachment"). The Temporary Encroachment is adjacent to the Dunns' property at 2309 Broad Bay Road (GPIN: 1499-99-8075). • Considerations: City staff has reviewed the requested Temporary Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. A portion of the existing wooden bulkhead is failing rapidly and is in need of repair. They are replacing it with a vinyl bulkhead. There are currently similar encroachments within West Canal, which is where the Encroachments are located. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Temporary Encroachment, or add conditions as desired by Council. • Recommendations: Approval ■ Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate et (Ili ► City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS WEST CANAL, 7 LOCATED AT THE REAR OF 2309 8 BROAD BAY ROAD 9 10 WHEREAS, John P. Dunn and Kimberly B. Dunn (f/k/a Kimberly A. Brown) 11 (the "Dunns") desire to maintain two (2) existing boat lifts (each approximately 19.93' x 12 13.16') and a 125.41' wooden bulkhead, and to construct and maintain a proposed 7' x 13 65.77' wooden dock and 123' vinyl bulkhead within a portion of the City property known as 14 West Canal adjacent to the rear of their property located at 2309 Broad Bay Road (the 15 "Temporary Encroachments"); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Dunns, their heirs, assigns 26 and successors in title are authorized to maintain the Temporary Encroachments in the 27 City's property known as West Canal as shown on the map entitled: "EXHIBIT A 28 ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD DOCK & VINYL 29 BULKHEAD, EXISTING BOAT LIFTS & WOOD BULKHEAD FOR JOHN P. DUNN & 30 KIMBERLY B. DUNN f/k/a KIMBERLY A. BROWN I.N. 20130329000362000 GPIN: 1499- 31 99-8075 LOT 92, SECTION 1, BAY ISLAND M.B. 45, PG. 37 CITY OF VIRGINIA BEACH, 32 VIRGINIA," a copy of which is attached hereto as Exhibit A and on file in the Department of 33 Public Works and to which reference is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 36 expressly subject to those terms, conditions and criteria contained in the agreement 37 between the City of Virginia Beach and the Dunns (the "Agreement"), an unexecuted copy 38 of which has been presented to the Council in its agenda, and will be recorded among the 39 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Dunns and the City Manager or his authorized designee execute the 46 Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 day of , 2021. CA15406 R-1 Prepared: 10/20/21 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d008\p047\00763326.doc APPROVED AS TO CONTENT: APPROVED AS TO GAL SUFFICIENCY D F M: PUBLIC BLI WORKS, REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY MLW=MHL ALONG PROPERTY LINE EX. WOOD BULKHEAD PROPERTY OF CITY OF VIRGINIA BEACH WEST CANAL M.B.45,PG.37 SEE DETAIL (2) BOAT LIFTS FLOOD SHEET 2 OF 2 / REMOVE EX. TO REMAIN �-EBB WOOD DOCK 7'x41.67' A Qcp• EX. WOOD BULKHEAD - TO REMAIN - 125.41' .. c2?* ,_ S/ -.';r I------ NOW OR FORMERLY SHEA C. EDWARDS & MLW=MHL ALONG I Z TRACEY EDWARDS EX. WOOD BULKHEAD ,4). I.N. 20080626000756630 NOW OR FORMERLY '• LOT 93 M.B. 45, PG. 37 PHILIP H. DAMUTH & J GPIN: 1499-98-7967 CORI 0. DAMUTH LOT 92 I.N. 20120703000743600 cn 1 LOT 91 o M.B. 45, PG. 37 • v v. GPIN: 1499-99-9181 1 STORY a' y G 0 40 80 J 3 BRICK HOUSE 4.-�1 #2309 - —1 rn , � 3 7 .(3,1 JGRAPHIC SCALE „ I ,, .., • .. I Z a',,,,,,,,,0„G! I IVPAIPC1s C.) � SDA 4p• LER Q\� Q GO \ Qp� 214 G � ` c.No.38395 �y 0 0p N 59'12'46" E 125.00' �- � + 250.00' TO G‘SSIONAL EC 9 9 BROAD BAY ROAD (50' R/W) CLIPPER LANE 1. THIS PLAN WAS PERFORMED WITHOUT THE FORMERLY ANCHOR ROAD BENEFIT OF A TITLE REPORT. M.B. 45, PG. 37 EXHIBIT A 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT EXHIBIT SHOWING ENCROACHMENT REQUEST ONLY. PROPOSED WOOD DOCK & VINYL 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED BULKHEAD, EXISTING BOAT LIFTS & FROM A TOPOGRAPHIC SURVEY PREPARED BY WOOD BULKHEAD COMPASS & CHAIN, LLC DATED DECEMBER 15, FOR 2020 AND FROM A PHYSICAL SURVEY PREPARED JOHN P. DUNN & KIMBERLY B. DUNN BY DENNIS J. GERWITZ ON APRIL 7, 2015. f/k/a KIMBERLY A. BROWN I.N. 20130329000362000 GALLUP GPIN: 1499-99-8075 SURVEYORS & ENGINEERS LOT 92, SECTION 1, BAY ISLAND M.B. 45, PG. 37 323 FIRST COLONIAL ROAD VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA i) (757)428-8132(757)425-2390 FAX Scale: 1"=40' I Date: AUG. 25, 2021 I Sheet: 1 of 2 w:\Dunn,Johnny-2309 Broad Bay Road\Encroachment Exhibit\20-120 Encroachment Exhibit.dwg,12/1/2021 10:06:42 AM EX. BULKHEAD TO REMAIN PROPERTY LINE PROPERTY OF CITY OF VIRGINIA BEACH WEST CANAL M.B. 45, PG. 37 PROPOSED WOOD DOCK FLOOD MLW=MHW ( ALONG EXISTING EBB WOOD BULKHEAD (2) EX. BOAT PROPOSED LIFTS TO REMAIN 123'VINYL 13.16' -,1 BULKHEAD EXISTING DOCK 13.06' - ►` (OTHERS) 1 N w EX. `1 -10.01= CO BULKHEAD ° � ; 2; 47 Wallin 1� 28.9,8' TO REMAIN -s.oT � Jo ��!' o_ -- 1.63' �� O :r'� 2a. 5 - _ - -.....- -- f --- - --- 1254 I .-_ o� S 54'34'S3' W \ \, .. .. I1' o , - \. \, \. \, S,38 VII 33, 01 \ NOTE: THE PROPOSED VINYL BULKHEAD, WOOD DOCK, AND c)'---1EXISTING BOAT LIFTS SHALL NOT ENCROACH IN THE 9 \ �`,Iv,p.LTH O, NAVIGATIONAL PART OF THE WATERCOURSE. THE 2' p `1 RESIDENTS MUST BE AWARE THAT IF CITY FORCES W,z PERFORM MAINTENANCE ACTIVITIES WITHIN THE CITY ---II �`` de% ' ' EASEMENT, THE STRUCTURE IMPROVEMENTS WILL U DABejilLER HAVE TO BE REMOVED AT THE OWNER'S EXPENSE. I ..Q p c.No.383955` -2 444,i EXHIBIT A 0 --L + ENCROACHMENT EXHIBIT SHOWING -ctSSJONAL V,' PROPOSED WOOD DOCK & VINYL BULKHEAD, EXISTING BOAT LIFTS & WOOD BULKHEAD 0 20 40 FOR Imimimell JOHN P. DUNN & KIMBERLY B. DUNN GRAPHIC SCALE f/k/a KIMBERLY A. BROWN I.N. 20130329000362000 GPIN: 1499-99-8075 E GALLUP LOT 92, SECTION 1, BAY ISLAND i SURVEYORS & ENGINEERS M.B. 45, PG. 37 323 FIRST COLONIAL ROAD VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: AUG. 25, 2021 I Sheet: 2 of 2 W\Dunn,Johnny-2309 Broad Bay Road\Encroachment Exhibit\20-120 Encroachment Exhibit.dwg,12/1/2021 10:06:43 AM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this o76illi day ofc k7OC'e , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN P. DUNN and KIMBERLY B. DUNN (f/k/a KIMBERLY A. BROWN), husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "92" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT", Scale: 1" = 100', dated February, 1958, prepared by Frank D. Tarrall, Jr. & Associates. Said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, to which reference is made for a more particular description and being further designated, known, and described as 2309 Broad Bay Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain two (2) existing boat lifts (each approximately 19.93' x 13.16') and a 125.41' wooden bulkhead, and to install and maintain a proposed 7' x 65.77' wooden dock and 123' of vinyl bulkhead, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY PROPERTY KNOWN AS WEST CANAL - NO GPIN REQUIRED OR ASSIGNED) 1499-99-8075 (2309 BROAD BAY ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as West Canal, located at the rear of 2309 Broad Bay Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat consisting of two (2) sheets entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD DOCK & VINYL BULKHEAD, EXISTING BOAT LIFTS & WOOD BULKHEAD FOR JOHN P. DUNN & KIMBERLY B. DUNN f/k/a KIMBERLY A. BROWN I.N. 20130329000362000 GPIN: 1499-99-8075 LOT 92, SECTION 1, BAY ISLAND M.B. 45, PG. 37 CITY OF VIRGINIA BEACH, VIRGINIA," having a scale of 1" = 40', dated August 25, 2021 and prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment 2 from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than 3 $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, John P. Dunn and Kimberly B. Dunn (f/k/a Kimberly A. Brown), the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 . DUNN, Owner Y B. DUNN f/k/a MBERLY A. BROWN, Owner STATE OF\I nkn z ert ��/ CITYfe6tl1QTY OF �+�� i,I , to-wit: The foregoing instrument was acknowledged before me this day of a-A.13\02a- , 2021,by John P. Dunn and Kimber : Dunn f/k/a Kimberly A. Brown. (SEAL) Public �2� LIMN M HARVEY-HARDING Notary Registration Number: NOTARY PUBLIC ^_^ REG.349829 My Commission Expires: 9 1 3 cad A ' COMMONWEALTH OF VIRGINIA MY OOMMISSION EXPIRE®JULY 31,2024 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 61a6° SIT ATURE DANA R. HARMEYER SENIOR CITY ATTORNEY DEPARTMENT 6 MLW=MHL ALONG PROPERTY LINE EX. WOOD BULKHEAD _ PROPERTY OF CITY OF VIRGINIA BEACH WEST CANAL M.B.45,PG.37 SEE DETAIL (2) BOAT LIFTS FLOOD SHEET 2 OF 2 ( REMOVE EX. �,� TO REMAIN EBB WOOD DOCK IV Qc, EX. WOOD BULKHEAD rxa1.sr �V TO REMAIN - 125.41' S 54'34'S3" W NOW OR FORMERLY / SHEA C. EDWARDS & MLW=MHL ALONG ' Z TRACEY EDWARDS EX. WOOD BULKHEAD 4> I.N. 20080626000756630 NOW OR FORMERLY 1 o LOT 93 - PHILIP H. DAMUTH & 1 c. M.B. 45, PG. 37 at GPIN: 1499-98-7967 CORI 0. DAMUTH LOT 92 I.N. 20120703000743600 u LOT 91 M.B. 45, PG. 37 a' cr GPIN: 1499-99-9181 co. t STORY 1 y 0 40 80 J BRICK HOUSE = o 12309 cr rfrI \ - I "c 9)Fr + GRAPHIC SCALE Z. v1 J t� ��v,ALTH OF : :::. \ -4 O Gf rn �D y \ DA $,R4ejli% LER �1 `� 1 : .: :: � F1 `I c.No. 38395 Q`�` Qp��' <2 • • 2� 4 C, O �0,�, g�25 ww 1° ° N 59'12'46" E 125.00' - �SSjoNAL ��Gti� Q`� Q�` BROAD BAY ROAD (50' RNV 250.00' TO CLIPPER LANE FORMERLY ANCHOR ROAD 1. THIS PLAN WAS PERFORMED WITHOUT THE M.B. 45, PG. 37 EXHIBIT A BENEFIT OF A TITLE REPORT. ENCROACHMENT EXHIBIT SHOWING 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. PROPOSED WOOD DOCK & VINYL 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED BULKHEAD, EXISTING BOAT LIFTS & FROM A TOPOGRAPHIC SURVEY PREPARED BY WOOD BULKHEAD COMPASS & CHAIN, LLC DATED DECEMBER 15, FOR 2020 AND FROM A PHYSICAL SURVEY PREPARED JOHN P. DUNN & KIMBERLY B. DUNN BY DENNIS J. GERWITZ ON APRIL 7, 2015. f/k/a KIMBERLY A. BROWN I.N. 20130329000362000 GALLUP GPIN: 1499-99-8075 LOT 92, SECTION 1, BAY ISLAND SURVEYORS & ENGINEERS M.B. 45, PG. 37 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=40' I Date:AUG. 25, 2021 I Sheet: 1 of 2 W:\Dunn,Johnny-2309 Broad Bay Road\Encroachment Exhibit\20-120 Encroachment Exhibit.dwg,12/1/2021 10:06:42 AM EX. BULKHEAD TO REMAIN PROPERTY LINE PROPERTY OF CITY OF VIRGINIA BEACH WEST CANAL M.B. 45, PG. 37 PROPOSED WOOD DOCK FLOOD MLW=MHW c ALONG EXISTING EBB WOOD BULKHEAD (2) EX. BOAT PROPOSED LIFTS TO REMAIN 123'VINYL 13.16' BULKHEAD EXISTING DOCK — 13.06' - i` (OTHERS) i I � N EX. co N - BULKHEAD iP 2i.47' .WM.. -' 10•0�' • ► 28.98' — TO REMAIN -9.07; J ` `� c = 1 28.45' -•-._...,.._._.. 125.41' tit S 54'34 53 W \,- \ \, \, 5.38 _ CP J 1 NOTE: :r' o --I \ THE PROPOSED VINYL BULKHEAD, WOOD DOCK, AND _�r^ EXISTING BOAT LIFTS SHALL NOT ENCROACH IN THE 9 ,,v,p,LTH O, NAVIGATIONAL PART OF THE WATERCOURSE. THE c' `" p Gl RESIDENTS MUST BE AWARE THAT IF CITY FORCES J z4` 1 .4` G� PERFORM MAINTENANCE ACTIVITIES WITHIN THE CITY -' EASEMENT, THE STRUCTURE IMPROVEMENTS WILL ' DA B UTLER 9 HAVE TO BE REMOVED AT THE OWNER'S EXPENSE. 1 `Ic.No. 38395 'A �I 5_21�v/ EXHIBIT A -- 'w ENCROACHMENT EXHIBIT SHOWING �4SSIONA V" PROPOSED WOOD DOCK & VINYL BULKHEAD, EXISTING BOAT LIFTS & WOOD BULKHEAD 0 20 40 FOR JOHN P. DUNN & KIMBERLY B. DUNN GRAPHIC SCALE f/k/a KIMBERLY A. BROWN I.N. 20130329000362000 GALLUP GPIN: 1499-99-8075 LOT 92, SECTION 1, BAY ISLAND SURVEYORS & ENGINEERS M.B. 45, PG. 37 VIRGINIA BEACH,VIRGINIA 23454 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: AUG. 25, 2021 I Sheet: 2 of 2 W:\Dunn,Johnny-2309 Broad Bay Road\Encroachment Exhibit\20-120 Encroachment Exhibit.dwg,12/1/2021 10:06:43 AM .' t,.. A .. : • • .,„, • 4 . , . , • . .. ...... .. ., _ .. , ,_. ._,... _ ....„. ... . . .„... , . ,... .. _,.. --- vai, 44 k _ u. ... s� w_. y ! ' _. "`-A --4.41.1-4"-•:;,•,# "'' '"- *-. I 4.... ir . ,., ... ... ...„r. .„ , , ,...,,. , 1...„,_=. _. ,., . ._ . :,.„_, , , .. .ill it 111 or 1tiR47,"."1%�i�i1!l‘lty4 NI. _1 0 i 14 I 01.111114.....- ,. i K .. .4 .r .. •� _�� - x - ,� r+' r. `.�a' :: S f ,p --- 4. It ,,ir4 • f f t I - - 011,40.1,1-' t• te r:.. ,*-,.1--�T k_ 'f' Itil r• J • .ate _ ," R, :� _ `i r ;. :-t A_- . . _ y - r • - •.jai IP e# 1 i . ' it't., 4 !! cam-.! / ,..<at-i • I. r 3 t, J` , N W1 r.i. W p� E iF ._f4. lc:4)4\ . . 1 4' ) : 4- a } 1499-99-8075 , 4)1 44it ,,IPP-s -NliPt- .., k 4,, • aw " ,,. . . .« .. ,, , �. ... . ..., ... _ , . 10,0 , . , , , ....... ,.,_... ., .., ... . .„ . ,.„. . - .100 ., .. 4.it -P �� LOCATION MAP ao- =0 yrO ENCROACHMENT REQUEST � �O FOR JOHN P. DUNN AND KIMBERLY B. DUN c; - �.1�Q' (F/K/A KIMBERLY A. BROWN Legend N00 O,, III 2309 BROAD BAY ROAD City Properties �' '`� t'" ;. GPIN 1499-99-8075 � Feet C31499-99-8075 -.: f Y.. 0 50 100 200 N 4:- SHORE DR W LE ilr. \\ 1 ITE �9T,I, F0 O1 , 1499-99-8075 �'.OPO� p ' cD o xi _ - - .43 -o'A\ 1, � LOCATION MAP 2 /40�� ENCROACHMENT REQUEST cO� FOR JOHN P. DUNN AND KIMBERLY B. DUN �P (F/K/A KIMBERLY A. BROWN Legend .. / 2309 BROAD BAY ROAD City Properties GPIN 1499-99-8075 F71 Feet 1499-99-8075 \\ 0 50 100 200 #. Disclosure Statement ed La, . • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Councii or a City board,commission or other body. Applicant Disclosure / Applicant Name �'1.I p Oti "' a-ti +vnt_e riy13. 4hl1 Does the applicant have a representative?ZYes ❑No • if yes,list the name of the representative, Y)al., 1 73v fI -- Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA,Code§2,2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. fir vista`11.09.2020 1 1 P a g e Disclosure Statement it.: Known Interest by Public Official or Errt,lo1ee Does an official or employee of the City of Virginia Beach)ave an interest in the subject land or any proposed development contingent on the subject public action?0 Yes ,X,1 i o • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing finandng(mortgage,deeds of tried,cross-collateralization,etc)or are they considering any ancing in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No CUD L --- • If yes,identify the financial institutions providing the service. CUD f T /WU& beEb Of /R uS i E :L.S Fd-g-'- a 6 IL Tcc--- %awiuk-BALtx.- 2. Does the applicant have a real estate broker/agent/reattor for current and anticipated future sales of the subject property? ❑Yes J�No • If yes,Identify the company and Individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in onnection with the subject of the application or any business operating or to be operated on the property?❑Yes NO • If yes,identify the firm and individual providing the service. 4, Does the applicant have services from an architect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the propertyes 0 No • If yes,identify the firm and Individual providing the service. (Peeve_ I4 u 4l.,-. P. i kJ,4. cs i,-t- 0e5 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ,Er-No • If yes,Identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 ) P a g e Disclosure Statement 6. Does the applicant have a construction contractor'n connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,Identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?'Yes 0 No • if yes,identify the firm and individual providing the service. • 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?D Yes :G • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. t signature Print Name and Title AjAl_gRa ao2‘ Is the applicant also the owner of the subject property? s ❑ No • • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/Alt disclosures-ni sit•e'u. C.-two(2) :e ek pi:or to any Planning Commission and City Council meeting that pertains to the applicaliont Q No champs no or Oslo ` ipoture Mot Moo* Revised 11.09.2020 3 ( P a g e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize a Temporary Encroachment into a portion of the unimproved intersecting City rights-of-way known as Fort Raleigh Drive, Christine Drive, and Coastal Drive for Croatan Civic League, Inc. MEETING DATE: December 14, 2021 • Background: Many years ago, two wooden pedestrian bridges were illegally installed within the City's rights-of-way located at the intersection of Fort Raleigh Drive, Christine Drive, and Coastal Drive by parties unknown, to cross the City's drainage ditches located there. Over the years, those bridges fell into significant disrepair and were deemed dangerous to the public and have been removed. The Croatan Civic League, Inc. (the "Civic League") wishes to construct a 4' x 18' wooden pedestrian bridge at the intersection of the unimproved sections of the City's rights-of-way located at Fort Raleigh Drive, Christine Drive, and Coastal Drive (the "Encroachment"). The Encroachment will be constructed according to City standards. • Considerations: City staff reviewed the Encroachments and have recommended approval of same, subject to certain conditions outlined in the Agreement. A Joint Permit Application ("JPA") was submitted and adjacent property owners were contacted for comment. Attached are objections by two of the five (5) adjacent property owners. Because the City Council has ultimate discretion to approve or not approve the Encroachment, the complete package is presented for consideration when reviewing this matter. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Encroachment or add conditions as desired by Council. Additionally, the City could construct a pedestrian bridge at this location, but the City would bear the costs of maintenance of such bridge. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Encroachment Agreement, Location Map, Objections by Adjacent Landowners, and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works 0 /i Ah City Manager: / 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF THE UNIMPROVED 6 INTERSECTING CITY RIGHTS-OF-WAY 7 KNOWN AS FORT RALEIGH DRIVE, 8 CHRISTINE DRIVE, AND COASTAL 9 DRIVE FOR CROATAN CIVIC LEAGUE, 10 INC. 11 12 WHEREAS, the Croatan Civic League, Inc. (the "Civic League") desires to 13 construct and maintain a 4' x 18' wooden pedestrian bridge within a portion of the 14 unimproved intersecting City rights-of-way known as Fort Raleigh Drive, Christine Drive, 15 and Coastal Drive (the "Temporary Encroachment"); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's right-of-way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Civic League, its assigns 26 and successors in title is authorized to construct and maintain the Temporary 27 Encroachment as shown on the map entitled: "ENCROACHMENT EXHIBIT FOR BRIDGE 28 LOCATION RE-SUBDIVISION OF LAKE CHRISTINE AT CROATAN FOR CROATAN 29 CIVIC LEAGUE VIRGINIA BEACH, VIRGINIA," Scale: 1" = 25', dated May 26, 2021 , 30 prepared by Precision Measurements, Inc., a copy of which is attached hereto as Exhibit A 31 and on file in the Department of Public Works and to which reference is made for a more 32 particular description; 33 34 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 35 subject to those terms, conditions and criteria contained in the agreement between the City 36 of Virginia Beach and the Civic League (the "Agreement"), an unexecuted copy of which 37 has been presented to the Council in its agenda, and will be recorded among the records of 38 the Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Civic League and the City Manager or his authorized designee execute 45 the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 202 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: %ftei? b ( ), PUBLIC WO KS REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY CA15230 R-1 Prepared: 11/9/2021 \\vbgov.com\dfsl\applications\citylaw\cycom 32\wpdocs\d 009\p040\00763683.doc NOTES.: 1. THIS PROPERTY APPEARS TO BE IN ZONE AE BASE FLOOD ELEVATION = ZO (NAVD88)AND ZONE X AREAS OF 0.2X ANNUAL CHANCE FLOODPLAIN, BASED ON FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, - C . t. 515531 0128 G, MAP REVISED: 01/16/2015. "7- _ 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A ATLE REPORT, AND MAY N M NOT REFLECT ALL EASEMENT OR RESTRICTIONS THAT MAY AFFECT THE PROPERTY Q ul rn 3. THE EXISTENCE OF HAZARDOUS WASTES, VEGETATED WETLANDS OR TIDAL WETLANDS WAS 'r Q NEITHER INVESTIGATED NOR CONFIRMED DURING THE PERFORMANCE OF THIS SURVEY caNQ a. 4• HORIZONTAL DATUM= NRGIN14 STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83(1993HARN) -Z.p Q VERTICAL DATUM= NORTH AMERICAN VERTICAL DATUM OF 1988(NAVD88) Ocy_ �Z 5. SURVEY DATA WAS COLLECTED ON MAY 10, 2021. JOHN F. STRADER & JUNE M. STRADER D.B. 2721, PG. 467 W �'s� /616 FORT RALEIGH DRIVE I THOMAS L. FELCH & q DONNA M. FELCH �c, M.B. 171, PG. 44 R �� GPIN 2426-18-9450 w, D.B. 3863, PG. 2124 J : h1A: Nci) co cc • AS � � , CQoPGt.t \ / 32' \ / ( 9 cl - i \\Sr• �.,c t, Jli y1LC,....,, ..,: `-, L; III 1 ' ✓19 C4^ z\\ isv 1 ,��i'I i�` r, .F LESLIE G. SHAW, JR. & I �', JOAN SHAW Pit ra P �� D.B. 3202, PG. 655 ��I �I rt i arz AK I ��` #529 COASTAL DRIVE z M.B. 32, PG. 31 GPIN 2426-18-9195 li M` W LOT 10 ER/K DUPILKA & CRYSTAL DUPILKA INST. 120160429000356410 �,TH O4,P /621 FORT RALEIGH DRIVE Alk10 -- : M.B. 171, PG. 44 AV 1l GPIN 2426-18-8247 f U IVAN LINEBERRY LOT 13A a /I lic. No. 003230 PROPOSED BRIDGE DETAIL 1 .l1 h IINOT TO SCALE / �y�� 2t+ �u °�I 16'-0" SURN1" /// ,I 1' j 1 14 1 o , ENCROACHMENT EXHIBIT /� �% : ( I I LI jI i d FOR BRIDGE oO CATION RE-SIVIN 18'-0" L OF L cwilee, FOR CROATAN CIVIC LEAGUE VIRGINIA BEACH, VIRGINIA SCALE: 1" = 25' MAY 26, 2021 HARRY F. GILLEN, III & PRECISION MEASUREMENTS, INC. PATRICIA A. GILLEN VIRGINIA BEACH-RICHMOND-NEWPORT NEWS-CHANTILLY-BALTIMORE /I_ D.B. 3003, PG. 732 SU •UAS•3D SCANNING•MAPPERS 100 #624 FORT RALEIGH DRIVE VIRGINIA BEAC629 PHOENIX H DRIVE, SUITE M.B. 171, PG. 44 757-366-0945 GPIN 2426-18-8017 D 25 50 75 LOT 6A GRAPHIC SCALE Z,V TDTT A PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of pi; �� 2021 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CROATAN CIVIC LEAGUE, INC., a Virginia non-stock corporation, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is a Civic League Association organized in the Commonwealth of Virginia for the owners of real property in the neighborhoods of Croatan Beach, Croatan Landing and Croatan Woods, including those certain lots, tracts, or parcels of land as shown on that certain plat entitled: "SUBDIVISION OF BLOCK 40, CROATAN BEACH FOR GEO. T. McLEAN & RICHARD B. KELLAM PRINCESS ANNE COUNTY, VA.," prepared by C.A. Bamforth, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 32, at page 31 and that certain plat entitled "RESUBDIVISION OF PROPERTY BLOCK 45, PARCEL 26 MB 37, P.8 BLOCK 47, PARCEL 28 MB 37, P.8 AND LOTS 7 THRU 13 BLOCK 46, PARCEL 27 MB 37, P.8 CROATAN BEACH MB 24, P. 37 RENAMED LAKE CHRISTINE OF CROATAN LYNNHAVEN BOROUGH VIRGINIA BEACH, VA." Scale: 1" = 100', dated June 1 , 1983, prepared by Gallup GPIN: CITY RIGHTS-OF-WAY KNOWN AS FORT RALEIGH DRIVE & COASTAL DRIVE & CHRISTINE DRIVE (NO GPIN REQUIRED OR ASSIGNED) ADJACENT TO 2426-18-9450 (616 Fort Raleigh Drive) &, 2426-28-1307 (524 Coastal Drive) Surveyors & Engineers, Ltd., which plat is recorded in Map Book 171, at page 44; WHEREAS, it is proposed by the Grantee to construct and maintain a 4' x 18' wooden pedestrian bridge, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City rights-of-way known as Fort Raleigh Drive, Christine Drive and Coastal Drive the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT FOR BRIDGE LOCATION RE- SUBDIVISION OF LAKE CHRISTINE AT CROATAN FOR CROATAN CIVIC LEAGUE VIRGINIA BEACH, VIRGINIA," Scale: 1" = 25', dated May 26, 2021 , and prepared by Precision Measurements, Inc., a copy of which is attached 2 hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said CROATAN CIVIC LEAGUE, INC., a Virginia non-stock corporation, has caused this Agreement to be executed in its corporate name and on its behalf by MICHAEL J. KELLY, its President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 CROATAN CIVIC LEAGUE, INC., a Virginia non-stock corporation By (SEAL) MICHAEL J. , Pres ent STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 7 day of p�len ✓ , 2021, by MICHAEL J. KELLY, as President of CROATAN CIVIC LEAGUE, INC., a Virginia non-stock corporation. 7- (SEAL) Notary blic Vp9s.,: Notary Registration Number: 71Q7(e/Z3 ;`1 •' NOTARY'' Cn PUBLIC '• :_ . My Commission Expires: oq�3o(202� _'*f REG #7676123 o; MY COMMISSION cr • o.;vFAIT H OF `N APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM CO-a.) ,„Y) S N'ATUR DANA R. HARMEYER SENIOR CITY ATTORNEY DEPARTMENT 7 NOTES:: 1. THIS PROPERTY APPEARS TO BE IN ZONE AE BASE FLOOD ELEVATION= ZO (NAVD88)AND ZONE X AREAS OF 0.2X ANNUAL CHANCE FLOODPLAIN, BASED ON FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, N Q 515531 0128 C MAP REVISED: 01/16/2015. CL - S. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, AND MAY NOT REFLECT ALL EASEMENT OR R£S1R/C1/ONS THAT MAY AFFECT IHf PROPERTY F.- rn 3 THE DlIS1ENC£OF HAZARDOUS WASTES, VEGETATED WETLANDS OR TIDAL WETLANDS WAS N Z. NEITHER IM'ESTTGATED NOR CONFIRMED DURING PIE PERFORMANCE OF INS SURVEY. if cc) 4. HORIZONTAL DATUM= VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE, NA083(1993HARN) Z p Z VERTICAL DATUM= NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88) -5 O 5. SURVEY DATA WAS COLLECTED ON MAY 10, 2021. CG V JOHN F. STRADER & JUNE M. STRADER D.B. 2721, PG. 467 W THOMAS L. FELCH & ma's, /616 FORT RALEIGH DRIVE cC ti� M.B. 171, PG. 44 A "' DONNA M. FELCH IQ i GPIN 2426-18-9450 W 6 D.B. 3863, PG. 2124 LOT 11A c524 COASTAL DRIVE m M.B. 32, PG. 31 rt GPIN 2426-28-1307 o LOT 7 •A a W y PROPOSED BRIDGE `ro cc� LOCATION 4' X 18' �rc> I ��'�� 1� \ ,- , '51/ CPAST'ill- vy) K. 324 z: ° ' ti}.v ' r' '� 5'PoA,1 (`4' .i L 15 CM ul .. 5GJl1�r T' `L '^- v`0 a 'N � �, %f%Gan�" .,` 1 E f I c 3b�,.7X ,,, r�- 1) I, 18-414 ��tiac,f�cn..v�.\ "h Ttf;t,o j�,� It 1''' LESLIE G. SHAW, JR. & Qi i`%�'�� ' '; ,5 JOAN SHAW � b HAIL i p fE/ ' ,, o��; A 3 D.B. 3202, PG. 655 i� aaizvax ' I f I529 COASTAL DRIVE w M.B. 32, PG. 31 ‘r "°a GPIN 2426-18-9195' s w W LOT 10 ERIK DUPILKA & j I CRYSTAL DUPILKA INST. #20160429000356410 pyTH p7,D /621 FORT RALEIGH DRIVE - M.B. 171, PG. 44 GPIN 2426-18-8247 'WANE LINEBERRY a LOT 13A ( v Lic. No. 003230 r PROPOSED BRIDGE DETAIL 1 NOT TO SCALE e,y��ylr(?pY.i O� 16'-0"/ / SU R1/' i I �� io;�nnnnr�nnnmuwulr7ip - h� ,i i it tumor nuuunununnunui N o ENCROACHMENT EXHIBIT l ai innisi num uunnununn m VI mnuu�x_ MIuns xnlnmHr " FOR // I BRIDGE LOCATION I RE-SUBDIVISION L / 18'-0" OF �/� -I c9 Zhe/ 'CAA/ti 1firte/a"V� FOR CROATAN CIVIC LEAGUE VIRGINIA BEACH, VIRGIN/A SCALE: 1• = 25' MAY 26, 2021 HARRY F. GILLEN, Ill & PRECISION MEASUREMENTS, INC. Rl'''' PATRICIA A. GILLEN VIRGINIA BEACH-RICHMOND-NEWPORT NEWS-CHANTILLY-BAL11MORE �c, D.B. 3003, PG. 732 SURVEYORS•UAS•3-D SCANNING•MAPPERS 629 PHOENIX OWE SUITE 100 E��S�\ /624 FORT RALEIGH DRIVE ,ARGINIA BEACH, N M.B. 171, PG. 44 0 25 757-368-0945 50 75 GPIN 2426-18-8017 LOT 6A GRAPHIC SCALE N , \ \ I 0 cc W��`- E ir.,,.,, / J \J !� ``mil S 1,,,,„,,Aip...," R i s� ,----, ____\ 42" f ___--\.. wi , V Pedestrian Bridge \ Illi ,i \ Z , , C___/Z - / / / ' .\ _.- R e‘ovc FORlR .- LOCATION MAP ENCROACHMENT REQUEST CROATAN CIVIC LEAGUE, INC. \ PEDESTRIAN BRIDGE AT THE INTERSECTION OF RALEIGH DRIVE, Legend CHRISTINE DRIVE AND COASTAL DRIVE Feet I City Properties F0 50 100 200 W m • 3 ' : mot.. d1L oo 'Cr W o o w,0#05. 1 0 i; WO W W OQ WU2 � ❑ Q ❑ Z Z J � LZO MI 0 m LN = Z �_(•, QVUQO > ow g- '�' w ce O Q Z� —I U NW or W0 Wa O iN` izc Li j CDZ Ce ! U INIINO 013 a)- a 'S� IIIIL' -. - WillliiimolpH if .111111111 O N ;(, r co 11111 • O 7 m " Z 0 = y • a J (n • I,• Ell tij I .2:2 0 r a `.f" Q) I Arc r i Part 2 —Signatures (continued) ADJACENT PROPERTY OWNER'S ACKNOWLEDGEMENT FORM I (we), 4> A PS tiles , own land next to (access-- (Print adjacent/nearby property owner's name) ,h_ crr( o f ✓i S(•(r/i r) ,aC-^44 hi fVti 4-s the-same eove-as)-the land of''e-- i.fr Q-r r*`E ca-DPI"if-- 14'4411. (Print applicant's name(s)) I have reviewed the applicant's project drawings dated 5-?- ,a ..-i (Date) to be submitted for all necessary Federal, state and local permits. I HAVE NO COMMENT ABOUT THE PROJECT. I DO NOT OBJECT TO THE PROJECT. I OBJECT V TO THE PROJECT. The applicant has agreed to contact me for additional comments if the proposal changes prior to construction of the project. (Before signing this fo be u checked the appropriate option above). Adjacent/nearby pro erty o er signature(s) 07/i Z6Z/ Date Note: If you object to the proposal, the reason(s)you oppose the project must be submitted in writing to VMRC. An objection will not necessarily result in denial of the project; however,valid complaints will be given full consideration during the permit review process. REVISED:March 2014 11 Received by VMRC July 16, 2021 /blh July 2,2021 Michael Kelly 604 Fort Raleigh Dr. Virginia Beach,VA 23451 Michael, When I bought my house on Coastal Drive in March of 1998 what enticed me the most about it was that it was at the end of a dead-end street,there would be nearly no traffic and very peaceful. This was exactly what I was looking for,a property at the end of a cul-de-sac or dead-end road, my last home,my retirement home. I was living here for a while before I discovered the"Secret Bridges"that Les Shaw built out of ladders for his children to play on many years ago. When the main bridge became too deteriorated for people to cross Billy Moore and I rebuilt it,I paid for wood that went on top of the main members spanning the creek. I believe this was about 15 years ago. Overtime,I have met great neighbors on Fort Raleigh Drive and have had great conversations with them. However, with the size of the bridge proposed to the city, I envision this bridge being very busy with kids on bikes and electric motorized vehicles. I did not buy this property to live adjacent to this activity. Additionally,with the bridge being at the foot of Lake Christine,this traffic will also disturb the wildlife we are accustom to seeing in this small section of Croatan,at the end of Coastal Drive and across the creek on Fort Raleigh. I have struggled with this decision. What has made this so difficult is that there are so many people and their pets that I have become accustom to seeing and chatting with over the years. I have spoken with a few of them and they are upset the old bridges were taken down. I don't have any issues with the way the bridges were because it kept traffic down to primarily foot traffic. However,I am not very keen on what is now proposed to the city. Therefore,I will have to object to the project. 7 Sin ly, om el 524 Coastal Drive Virginia Beach,VA 23451 Received by VMRC July 16, 2021 /blh Part 2 —Signatures (continued) ADJACENT PROPERTY OWNER'S ACKNOWLEDGEMENT FORM I (we), LesU se} + '( I 54 ✓ , own land next to(across (Print adjacent/nearby property owner's name) V , 12) !'tpr_.4 cusp Rf4.15.5C4.4., cove}the land of f-z act .sac l4i t-,tr 3Y I-4i_ cR -oa-/ cr✓,c_ (Print applicant's name(s)) I have reviewed the applicant's project drawings dated -Jrf.- -(, (Date) to be submitted for all necessary Federal, state and local permits. I HAVE NO COMMENT ABOUT THE PROJECT. I DO NOT OBJECT TO THE PROJECT. I OBJECT TO THE PROJECT! The applicant has agreed to contact me for additional comments if the proposal changes prior to construction of the project. (Before signing this form be sure you have checked the appropriate option above). Adjace b pro1 rty owner's signature(s) Date Note: If you object to the proposal,the reason(s) you oppose the project must be submitted in writing to VMRC. An objection will not necessarily result in denial of the project; however,valid complaints will be given full consideration during the permit review process. 140 $-= eA„f.)7E-0 (Q GGv REVISED:March 2014 11 Received by VMRC July 16, 2021 /blh Disclosure Statement +` von ninw, & omintimiiv 1)e:0 Knent The disclosures contained in this form are necessary to inform public offidals who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Cg.A?Aw✓ Cf v""G ALA e- Does the applicant have a representative? D Yes El No • if yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 61 Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list If necessary) S E.4. ArrriN csc.p 1-1 ST'' • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 1'Parent-subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA,Code§2.2-3101. 2"Affiliated business entity relationship`means"a relationship,other than parent subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner in one entity is also a controlling owner In the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there Is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 1 P a g e 'NBDisclosure Statement • maiinlilg& Conimi)t'ity DeviAopmeni Known interest by Public Offidal or Employee Does an official or employee of the City of Virginia Beach have an interest In the subject land or any proposed development contingent on the subject public action?0 Yes brNo • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing In connection with the subject of the Application or any business operating or to be operated on the property? ❑ Yes Dir No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ,13(No • If yes,Identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ?a No • if yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes ' No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 111 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09_2020 Wage Disclosure Statement 11:;nitiitig & ('cntiriuriit�. Di 6. Does the applicant have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?❑Yes 1E4 No • if yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?XYes 0 No • If yes,identify the firm and Individual providing the service. r (� t ►iut 6,i/ ., LLd'. c (Koh ✓Owl's a'a )AWAUQ.cvf )),-,Z i, rt 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes f#No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Applicant Signature - -- - - � �- -------------- -- -- At fgL' 4- ICC'" -f t s 'ii ir, cgostp ,/ Q44-L Lu£. Print Name and Title Date Is the applicant also the owner of the subject property? 0 Yes No • if yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updeted two(2)K'eeks prior to any Planning Commission and City Council meeting that pertains to the applications No dumps as of Oats fire Lilo!Nome Revised 11.09.2020 Wage Disclosure Statement Pianr ng& (,'cnitm� mix • Continue to Next Page for Owner Disclosure Revised 11.092020 4 I P a g e Disclosure Statement Pluming 8.(alflutiwlaiity - ►s ektt f+k Owner Disclosure Owner Name Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?•❑Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary;or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes ❑ No • If yes,what is the name of the official or employee and what Is the nature of the Interest? 9"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership Interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there Is otherwise a dose working relationship between the entities' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e -‘13Disclosure Statement Pii fining&i:(lt1[tt itr k' Owner Services Disclosure 1. Does the Owner have any existing finandng(mortgage,deeds of trust,cross-coliaterallzatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ❑ No • if yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes 0 No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • if yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ❑ No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 ( P a g e Disclosure Statement Aim & C(rrtl!uurlit ` I t'.kytme t S. Is the Owner receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑ No • If yes,Identify the firm and individual providing legal the service. Owner Si nature i certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Owner Signature Print Name and Title Date Revised 11.09.2020 7 I P age Croatan Civic League Officers and Directors as of May 1,2021 President -Michael J. Kelly Vice President -Robert Lougen Treasurer -James Skarbek Secretary -Amanda S. Robinson Director -Michael C.Agresti Director -Patricia Zuraw Director -Kathy Donahoe Director -Katie Ripberger Director -Cheryl Garvey Director -Amber Alvarez Torgerson Director -Regina Amick Director -Jen Alex Director -Larry Kurtz Director -Nancy Purkey [ 4 4-"''1 e ,1, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish Capital Project #100609, "Regional BMPs," in the Capital Improvement Program, to Transfer Funds to Project #100609, and to Authorize the Acquisition of Certain Property MEETING DATE: December 14, 2021 • Background: There is an immediate need for a capital project that enables the City to strategically acquire land for the creation of regional stormwater BMPs. Structural BMPs are measures that control and manage stormwater runoff and drainage to improve water quality and reduce flooding. Examples of structural BMPs include swales, dikes, ponds, filtration devices, and infiltration basins. • Considerations: Currently, there is an opportunity to purchase property that could be used as a wet pond on the southside of 17th Street. The property is owned by GS Development, LLC, consists of approximately 8.14 acres, and is located at 947 and 959 Virginia Beach Blvd. (GPINs: 2417-75-3568, 2417-75-1570 and 2417-75-4274). The total amount needed for this purchase is $9 million. Future funding for other site acquisitions may be included for this capital project as directed by the City Council. Funding for this project will primarily come from the City Council's Emergent Needs Reserve. If this transfer is approved, the balance of this reserve will be $0. Other sources include available funding within other site acquisition projects. The breakdown of funding sources for this project is shown below: Source Amount City Council Emergent Needs Reserve $6,495,612 CIP #100454 Various Site Acquisition Phase II 989,191 CIP #100455 Various Site Acquisition Phase III 1,515,197 Total $9,000,000 • Public Information: Normal City Council agenda process • Attachments: Ordinance; CIP Detail Sheet; Location Map; Disclosure Form Recommended Action: Approval Submitting Department/Agency: The Department of Public Works & Budget and Management Services City Manager: fl)() 1 AN ORDINANCE TO ESTABLISH CAPITAL 2 PROJECT #100609, "REGIONAL BMPS," IN THE 3 CAPITAL IMPROVEMENT PROGRAM, TO 4 TRANSFER FUNDS TO PROJECT #100609, TO 5 AUTHORIZE ACQUISITION CERTAIN PROPERTY 6 7 WHEREAS, the City of Virginia Beach (the "City") desires to create regional 8 stormwater BMPs to control and manage stormwater runoff and drainage; 9 10 WHEREAS, GS Development, LLC, a Virginia limited liability company, has 11 offered to sell approximately 8.14 acres of property located at 947 and 959 Virginia 12 Beach Blvd. (the "Property") to the City; and 13 14 WHEREAS, City Council is of the opinion that acquiring the Property will enable 15 the City to create needed regional stormwater facilities to control and manage 16 stormwater runoff and drainage. 17 18 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA, THAT: 20 21 1) New Capital Project #100609, "Regional BMPs," is hereby established in 22 the FY 2021-22 Capital Improvement Program. 23 24 2) $6,495,612 is hereby transferred from the City Council Emergent Needs 25 Reserve in the General Fund to Project #100609. 26 27 3) $989,191 is hereby transferred from Capital Project #100454, "Various 28 Site Acquisitions Phase II," to Project #100609. 29 30 4) $1,515,197 is hereby transferred from Capital Project #100455, "Various 31 Site Acquisition Phase III," to Project #100609. 32 33 5) That the City Manager is hereby authorized to execute any and all 34 documents necessary to acquire the Property, so long as such documents are 35 acceptable to the City Manager and deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 38 of , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL CIENC : Budget & Management Services Att ney CA15655 R-1 December 2, 2021 Fiscal Years FY22 through FY27 Capital Improvement Program Project:PG 100609 !Title:Regional BMPs Status:Proposed Category:Stormwater Department:Public Works Project Type Project Location Project Type:Site Acquisition District:City Wide Programmed Funding Programmed Appropriated Funding FY22 FY23 _ FY24 FY25 FY26 FY27 9,000,00. 9,000,00. Description and Scope This project will allow for the purchase of land related to stormwater BMPs. Purpose and Need A project is needed to allow the flexibility of the Oty to purchase land related to necessary BMPS structures across the City. History and Current Status This project first appeared in the FY21-22 CIP. Operating Budget Impact Comments This project will have no operating budget impacts. FY22 FY23 FY24 FY25 FY26 FY27 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-I o Amount Acquisition 12/21-6/28 v,uuu,uuu 9,000,000 Total Budgetary Cost Estimate: Amount 9,000,000 Means of Financing Funding Subclass Local Funding 9,000,000 Total Funding: 9,000,000 -. •. — 1r; •• I -- \:- .. "...*',. •••• \ 1111150 ,' ..,. - to 2 t ,41.9 - :S V. 4k ce ' ir''.--./ 14t. 114.„.„. logi,0041) Z't.t,- , ,u) ,t..„ \ , !:, ,c,,,,,, ,,••• • , ' ' \ \ ,. • , t•;•.°'," -.11?‹09/ te - \ cs MI -tipoi /OA / ,, "0- sri ts___, \-. • ---,-.. - ,-- . 1-- Wm' ......j*. V- \ 414, 7 ti- Li; C, all •"...- i \ 0. ' cr, ... 0. . . ., _ ,._.- -.---, . .\ 0 i Itt • -A-- I/ _-%. ---- -03/1-1-0114----Oc, --'-'''-'- 4 s, kk‘i 44":16 6 i'..f. _.... • . • .,. ___ „-- N\, '. .., ' „,,, 4%0 ''', • ' 44..,''' . 4,4 0 : ... .--7i -i..---*. e--•' t, 1.k.t.,'rc.'.. 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LO N— C Vt- •-•-•.___ -t . - 6) d• al r''''.--, -''''- Itiki, o c'• i t;I L--, ,•I ,.... / vc.) g'-- •"' .:11 .iii,._ ,,-.,, 1 *-- ----___ ____ I / -1 V - ' )i r / / i / g *4 • '--------._*--• O. /' / i r / : .s=.--, , • , --------__— / _...,_......_,._.........1 • --.... `...- •'1. .... 7; F:5 ,1 • • / • `-4- ----,..?.f.----.., ., ._ :, • •. \\ _ 08)133Nowg . — a ' '-' r-'s-.- '- -. ' •.*,• 3164ka* , .-.'--.-) _____ _ — . ,,,,,,,,- .,:3.,_(... ,§,ir,,,,,_/ ,_ --- \-- a ,•3 --- _ _ t 7-I ,P. ;'-',1 '") - r, r- - :-_, _ 1 j., 0.,3,i i .. _ ,., T., ht,„ .C4kki,--e-' sl 7-*3 (- 1 ,v, '..-- ft ,-_, 1 , u 0 t -. i g • ,— ›,.... - I trn 3-. -7-7- - 1 ....., ____ .7. ,-4 i \ Fs ' "". ".". —1--- , , ,.,.... A , _ _t___ --0--- •L'i a _ , z i • \ V.._,_: N ii, - am iim if I -I, :1 -, P. - ... ,., _ -- •--- ---_,.... -.-.-- 6.1 V • U • rn .—_ _ - Ell ___-"- •-•---- • --.1";- .11; . -- 1 --.77, • s Disclosure Statement N/13 iry o/Yry:ooa Row Planning& Cnmmunit Development = The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name GS Development LLC Does the applicant have a representative? lJ Yes ❑ No • If yes,list the name of the representative. Whitt G.Sessoms,III Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Whitt G.Sessoms,III Manager-Member Christine Williamson Manager-Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Reviseu 11.0.9.2020 1 I r .. .. Disclosure Statement \/13 fey tirTirtia Beach }- Planning & Community Development Known interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes U No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes I No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property? ❑Yes ® No • If yes,identify the purchaser and purchaser's service providers. 21r Disclosure Statement City of i'irgiir:=.;Bsech Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes 0 No • If yes,identify the firm and individual providing the service. Geostat Land Surveys-Mr.Scott Wilkins,Owner 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ® Yes 0 No • if yes,identify the firm and individual providing the service. Mr.Howard Gordon will be the closing attorney for the Seller. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applica t Signature Whitt G.Sessoms,III, Manager-Member,GS Development LLC Print Name and Title Date Is the applicant also the owner of the subject property? ® Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name 3I Disclosure Statement . .- - N1E3 ., (Yip of 1'irpinin Rer,t3* Planning & Community Development Continue to Next Page for Owner Disclosure 4I Disclosure Statement -__ Cr,<,j 1'Frginiu Ream - Planning & Commu Develo I mgnt _ Owner Disclosure Owner Name GS Development LLC Applicant Name GS Development LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? • Yes ❑ No • If yes, list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Whitt G.Sessoms,III-Manager Member Christine Williamson-Manager Member • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. ' "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 51 Disclosure Statement c n�:�1+spa Planning & Community Develop t Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc}or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes IN No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. Mr.Michael Hanger with Dixon,Hughes,Goodman LLP provides GS Development LLC with accounting services. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? i® Yes ❑ No • If yes,identify the firm and individual providing the service. Geostat Land Surveys-Scott Wilkens,Owner has supplied surveying work to GS Development LLC. Disclosure Statement • Planning &Community Developm- 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? I Yes ❑ No • If yes,identify the firm and individual providing legal the service. Howard Gordon-Williams Mullen Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Whitt G.Sessoms,Ill Manager-Member GS Development LLC Print Name and Title Date 7I , : : g ist 4h jii J i iv-,f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $380,000 from Net Assets of the Water and Sewer Fund to Purchase a Replacement Sewer Cleaner MEETING DATE: December 14, 2021 • Background: During the preparation of the FY 2021-22 Operating Budget, Public Utilities budgeted for the replacement of one sewer cleaner, unit 784, at an estimated cost of $380,000 and anticipated likely replacing an additional unit, 989, next fiscal year. The vendor for these vehicles has indicated that due to supply-chain and other economic pressures, the price is likely to continue to increase, and vehicles ordered now will not be delivered until 2023. As such, Public Utilities has deemed it critical to replace the second unit this year in order to receive it in 2023. This type of vehicle is the most versatile and frequently used sewer cleaner. It is critical to the day- to-day operations of the Sewer Utility. Having these vehicles out of service would severely hinder the ability to respond to sewer emergencies. • Considerations: Public Utilities has received a quote for the replacement of this model sewer cleaner for $355,092; however, the quote is only valid for 30 days, which is not sufficient to appropriate funding and complete the procurement process. The Department is requesting appropriation of $380,000 from Net Assets to the capital outlay account category to cover any additional overages that may occur during the procurement process. • Public Information: Normal Council Agenda process. • Alternatives: Without additional funding, Public Utilities does not have the ability to make this purchase in the current fiscal year, potentially increasing the overall cost and further delaying delivery of this critical vehicle. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Utilities City Manager: emv 1 AN ORDINANCE TO APPROPRIATE $380,000 FROM NET 2 ASSETS OF THE WATER AND SEWER FUND TO 3 PURCHASE A REPLACEMENT SEWER CLEANER 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $380,000 from the net assets of the Water and Sewer Enterprise Fund is hereby 9 appropriated, with revenue increased accordingly, to capital outlay in the Water and 10 Sewer Enterprise Fund for the purchase of a replacement sewer cleaner. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B get and anagement Services orn y's Office CA15656 R-1 December 1, 2021 icy {{�jiii CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Accept and Appropriate $32,107 from the Commonwealth of Virginia and to Authorize the City Manager to Sign a Memorandum of Agreement with the Commonwealth for Replacement of Furniture MEETING DATE: December 14, 2021 • Background: The Commonwealth of Virginia, through the Library of Virginia ("LVA"), received funding from the American Rescue Plan Act ("ARPA") to help communities respond directly and immediately to the Covid-19 pandemic, as well as to related economic and community needs through equitable approaches in digital inclusion and library services. The City of Virginia Beach, through its Department of Public Libraries ("VBPL") is in the process of improving its meeting spaces to enhance the user experience for customers and staff. VBPL was awarded $32,107 from the LVA ARPA subgrant on April 09, 2021 to purchase new chairs for the Meyera E. Oberndorf Central Library ("Central Library") boardroom and new tables and chairs for the meeting room at the Bayside Area Special Services Library ("Bayside Library"). By replacing the furniture, VBPL hopes to increase the functionality of the spaces and make them more inviting. The boardroom at the Central Library serves both the staff and customers as large meeting spaces. The chairs pose safety and comfort concerns. To meet ARPA guidelines, the new chairs will be adjustable and easy to clean. The Bayside Library is the subregional branch of the National Library Service for the Blind and Print Disabled. It serves 668 customers with visual, physical, and reading disabilities in Virginia Beach and the greater Hampton Roads area. New furniture at the Bayside Library will increase the flexibility of seating for programs, increase space, and accommodate wheelchairs and those with visual disabilities. • Considerations: The proposed memorandum of agreement ("MOA") between the LVA and the City requires the LVA to dispense the ARPA funds to the City, to monitor the City's adherence to the MOA requirements, and to provide support and troubleshooting services to the City. The MOA requires the City to: attend a mandatory pre-award meeting and monthly meetings with LVA; submit invoices for allowable expenses to LVA; obligate the grant funding by September 30, 2022; spend the grant money in accordance with the LVA approved budget; submit budget change requests to LVA for approval; provide quarterly progress reports to the LVA; and retain related records for five years. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance and Exhibit A- Summary of Terms of MOA. Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager:jO� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $32,107 FROM THE COMMONWEALTH OF VIRGINIA 3 AND TO AUTHORIZE THE CITY MANAGER TO SIGN 4 A MEMORANDUM OF AGREEMENT WITH THE 5 COMMONWEALTH FOR REPLACEMENT OF 6 FURNITURE 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. That $32,107 is hereby accepted from the Commonwealth of Virginia and 12 appropriated, with revenue increased accordingly, to the FY 2021-22 13 Operating Budget of the Virginia Beach Public Library to assist with 14 enhancements for users by replacing furniture in the Meyera E. Oberndorf 15 Central Library and the Bayside Area Special Services Library; and 16 17 2. The City Manager is hereby authorized to execute a Memorandum of 18 Agreement with the Commonwealth of Virginia, through the Library of 19 Virginia, to fund and implement furniture replacement at the Meyera E. 20 Oberndorf Central Library and the Bayside Area Special Services Library, 21 in accordance with the Summary of Terms, attached hereto as Exhibit A, 22 and other such terms, conditions and modifications as may be acceptable 23 to the City Manager and in a form deemed satisfactory by the City Attorney. 24 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: 7 -� udget and anagement Services Department of Libraries g APPROVED AS TO LEGAL SUFFICIENCY: Att‘-e\tk IL--,.cmtg 6..------ City Attorney's Officil CA15573 R-4 December 2, 2021 EXHIBIT A SUMMARY OF TERMS OF MEMORANDUM OF AGREEMENT PARTIES: The City of Virginia Beach("City") The Commonwealth of Virginia,through the Library of Virginia("LVA") PURPOSE: Fund the purchase of furniture for the Meyera E. Oberndorf Central Library and the Bayside Area Special Service Library. TERMS: The Memorandum of Agreement("MOA")requires LVA to: • Dispense the American Rescue Plan Act("ARPA") funds to the City. • Monitor the City's compliance with the terms of this MOA. • Provide support and troubleshooting services to the City. The MOA requires the City to: • Attend a mandatory pre-award meeting with all ARPA recipients and LVA personnel. • Attend mandatory monthly meetings with LVA personnel. • Submit invoices for allowable expenses to LVA on a monthly basis. • Obligate all grant funds by September 30, 2022. • Spend the grant money in accordance with the LVA-approved budget. • Submit budget change requests to LVA for approval. • Measure the outputs and outcomes of the project and submit mandatory quarterly progress reports to LVA. • Retain all books, accounts, reports, files and other records relating to this MOA for a period of five years. The grant is a reimbursement grant,but requests for advance payments will be reviewed on a case-by-case basis. The MOA contains standard City contract provisions about governing law, assignment, and default. !> 3' ) [ ---IL:'• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $4,021,136.25 in American Rescue Plan Act Funding from the Commonwealth of Virginia to the Department of Public Utilities to Provide Utility Relief Assistance to Delinquent Customers MEETING DATE: December 14, 2021 • Background: The Commonwealth of Virginia has established an additional program for localities to receive utility relief assistance for delinquent residential customers who have experienced a financial hardship directly or indirectly due to COVID- 19. The American Rescue Plan Act, Coronavirus State and Local Fiscal Recovery Funds, Municipal Utility Assistance Program will allow Virginia Beach Public Utilities to apply funding to water and sewer account arrearages for eligible residential customer accounts. The City is able to pre-qualify eligibility for residential customer accounts based on the utility's increased uncollected sixty-day balances as of August 31 , 2021, which eliminates the necessity for customers to complete an application to receive funding. Public Utilities has been awarded $4,021,136.25 in funding through the Municipal Utility Assistance Program to provide bill relief for eligible residential accounts. This funding is being provided under Catalog of Federal Domestic Assistance 21 .027. The award will be used to directly assist residential municipal utility customers of Virginia Beach with arrearages greater than 60 days. The Department of Public Utilities is awaiting additional guidance from the Commonwealth regarding the full eligibility requirements before finalizing details for the application of funds to customer accounts. Residential customers must have had water and sewer related account arrearages for March 12, 2020 or later as of August 31, 2021. Account charges related to solid waste collection and storm water are not eligible for bill assistance funding under this program. • Considerations: The State established August 31, 2021 as the eligibility date for determining customer account arrearages related to water and sewer charges. Public Utilities has a total of 29,678 residential accounts that met the arrears criteria of 60-or- more days in arrears as of August 31, 2021, totaling $6,147,168 in water and sewer- related charges. Public Utilities has received funding of approximately 65% of the sixty- day arrearages that existed as of August 31, 2021; however, account balances and the number of eligible accounts will have changed since that established date. The award, if approved by City Council, will be appropriated to a specific grant fund that will not be part of the Water and Sewer Enterprise Fund but will be within the Operating Budget of the Department of Public Utilities. • Public Information: Normal City Council Agenda Process. • Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Utilities City Manager: (A-C) 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $4,021,136.25 IN AMERICAN RESCUE PLAN ACT 3 FUNDING FROM THE COMMONWEALTH OF VIRGINIA TO 4 THE DEPARTMENT OF PUBLIC UTILITIES TO PROVIDE 5 UTILITY RELIEF ASSISTANCE TO DELINQUENT 6 CUSTOMERS 7 8 WHEREAS, The Commonwealth of Virginia has established an additional program 9 for localities to receive utility relief assistance for delinquent residential customers; and 10 11 WHEREAS, as a utility owned by a municipality of the Commonwealth, the Virginia 12 Beach Department of Public Utilities is eligible to participate in this program. 13 14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA, THAT: 16 17 $4,021,136.25 is hereby accepted from the Commonwealth of Virginia through the 18 American Recovery Plan Act, State and Local Fiscal Recovery Funds, Municipal Utility 19 Assistance Program and appropriated, with revenue from the federal government 20 increased accordingly, to a newly established grant fund separate and distinct from the 21 Department of Public Utilities Water and Sewer Enterprise Fund for utility relief assistance 22 for delinquent residential customers. 23 24 BE IT FURTHER ORDAINED, THAT: 25 26 The City Manager or designee is hereby authorized to execute any necessary 27 memorandum or certification required by the Commonwealth of Virginia for participation 28 in the Municipal Utility Assistance Program provided such memorandum or certification is 29 approved as to form by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services Cit or ey s Office CA15657 R-1 December 1, 2021 1 �`Ku Fti�' rS y,� si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept $4,486,715 in Federal Funding from the Shuttered Venue Operators Grant, to Establish New Capital Project #100608, "Virginia Aquarium Animal Holding Facility Improvements," and to Appropriate Funding for Project #100608 and the Department of the Virginia Aquarium MEETING DATE: December 14, 2021 • Background: The Shuttered Venue Operators Grant was established by the Economic Aid to Hard Hit Small Businesses, Nonprofits, and Venues Act, and amended by the American Rescue Plan Act, to assist entertainment and museum venues that were significantly impacted by the COVID-19 pandemic. Applicants for this grant — which was administered by the Small Business Administration —were eligible to receive 45% of their gross 2019 revenue, with a maximum grant of$10 million. The Department of the Virginia Aquarium applied for the Shuttered Venue Operators Grant, and the grant was approved in the amount of$4,486,715.06. There is no local match for this grant, and the Department has met the criteria for expenditures in the amount of $4,486,715.06 from their FY 2019- 20 budget through personnel expenses. The Department would like to establish a new capital project within the Capital Improvement Program to fund replacement, repairs, renovations, maintenance, and other modifications to animal holding buildings and exhibits at three City-owned facilities. These modifications would enhance animal welfare and ensure compliance with standards established by the Association of Zoos and Aquariums, the United States Department of Agriculture, and other accrediting bodies. The Aquarium would also provide funding to the Virginia Aquarium Foundation to conduct feasibility studies. Changes in animal welfare awareness in zoo and aquarium settings are driving increased review and scrutiny of infrastructure and supporting systems to provide for the animals in our care. Advances in technology necessitate improvements in filtration methods, controls, data acquisition, and overall life-support functions. Current animal care environmental equipment and relevant upgrades are needed to meet industry guidelines. Planned Expenditures: • Renovation of the Existing Animal Holding Facility - Approximately $3,500,000: This project will provide for the replacement, repairs, renovations, and modernization of animal holding building structures at the Virginia Aquarium to enhance animal welfare and ensure compliance with standards established by the Association of Zoos and Aquariums, the United States Department of Agriculture, and other accrediting bodies. The project includes the full replacement of the existing, 3,200 square foot Virginia Aquarium animal care holding facility with a state-of-the-art, multi-functional facility that is capable of housing animals essential for the Aquarium's educational and conservation mission. The existing animal care facility is twenty years old and was repurposed from its original use as a warehouse to become a holding facility for animals involved in Aquarium education and conservation programs. While the animal holding spaces meet the minimum requirements established by accrediting agencies, the facility cannot be reconfigured or evolve as standards change. The capacity of the Aquarium to provide quality educational animal programs is limited and unable to grow due to the lack of space and environmental conditions. The increased space and an upgraded facility will allow the Aquarium to expand the up-close educational animal programs guests expect from zoos and aquariums. These programs are mission critical, are drivers of positive experience reviews from our guests, and lead to increased revenues and an added attraction for the City for tourism and an enhancement of our educational program for students. • Life Support Enhancements Including Supervisory Control and Data Acquisition (SCADA) - Approximately $390,000: This project will include completion of Norfolk Canyon's life support control system (LSCS) to enable the system to backwash via the programmable logic controller (PLC); inclusion of Light Tower's LSCS with the ultraviolet sterilizer operation; and sequential and non-simultaneous upgrades performed on Red Sea Aquarium, Tomistoma area, and the Pump House. • Darden Marine Animal Conservation Center Covered Storage Area and Other Improvements - Approximately $430,000: Establish a secure, semi-enclosed and covered storage solution to provide security and weather protection for essential equipment to be used in research and stranded animal recovery operations on the beaches. This project also includes loading dock canopies; the replacement of mezzanine access ladders with stairs to provide staff safe access to critical animal life support working areas; and life-support modifications. • Feasibility and Operational Impact Studies for Main Building Renovation and Future Expansion - Approximately $165,000: This project will allow the Virginia Aquarium Foundation to conduct studies to assess the capacity to support renovations to the 35-year-old facility and future expansion opportunities. Data will provide impacts of operational costs, fundraising capacity, and market thresholds for the potential expansion of the Aquarium and assist in determining scale and scope of the project. Renovation and/or expansion of the facility is necessary, as current infrastructure is approaching an end-of-life stage. • Considerations: This grant reimburses the City for personnel expenditures that occurred in FY 2019-20, so the reimbursement of such expenditures would fall to the fund balance of the General Fund at the end of that fiscal year. Therefore, the grant funds will be accepted, and there will be an appropriation from the fund balance of the General Fund. This appropriation will provide $4,321,715 in pay-go funding for the new capital project and $165,000 to the Department for feasibility and operational impact studies. There is no negative impact to the General Fund's fund balance as a result of this action. • Public Information: Normal City Council agenda process • Attachments: Ordinance; CIP Detail Sheet; Disclosure Form Recommended Action: Approval Submitting Department/Agency: The Department of the Virginia Aquarium City Manager: pA0 1 AN ORDINANCE TO ACCEPT $4,486,715 IN 2 FEDERAL FUNDING FROM THE SHUTTERED 3 VENUE OPERATORS GRANT, TO ESTABLISH NEW 4 CAPITAL PROJECT #100608, "VIRGINIA AQUARIUM 5 ANIMAL HOLDING FACILITY IMPROVEMENTS," AND 6 TO APPROPRIATE FUNDING FOR PROJECT 7 #100608 AND THE DEPARTMENT OF THE VIRGINIA 8 AQUARIUM 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA, THAT: 12 13 1) $4,486,715 is hereby accepted from the United States Small Business 14 Association's Shuttered Venue Operators Grant. 15 16 2) Capital Project #100608 "Virginia Aquarium Animal Holding Facility 17 Improvements" is hereby established in the FY 2021-22 Capital Improvement 18 Program. 19 20 3) $4,486,715 is hereby appropriated from the fund balance of the General Fund 21 to the FY 2021-22 Operating Budget. Of this amount, $4,321,715 is to be 22 appropriated as a pay-go transfer from the General Fund to Project #100608 23 and $165,000 appropriated to the Department of the Virginia Aquarium for the 24 purpose of providing such funds to the Virginia Aquarium Foundation to 25 conduct a feasibility and operational impact study. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021 . Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c - •,Q5b5j5/JVUP Budget and Management Services i y y's Office CA15651 R-1 December 1, 2021 Fiscal Years FY22 through FY27 Capital Improvement Program Project:PG100608 'Title:Virginia Aquarium Animal Holding Facility Improvements Status:Shuttered Venues Grant Category:Buildings and Assets Department:Virginia Aquarium Project Type Project Location Project Type:Renovations and Repair District:Beach Programmed Funding Programmed Appropriated Funding FY22 FY23 FY24 FY25 FY26 FY27 4,321,715 4,321,715 Description and Scope This project provides for the repair by replacement of animal holding building structures at the Virginia Aquarium to enhance animal welfare and to ensure compliance with standards established by the Association of Zoos and Aquariums,the U.S.Department of Agriculture,and other accrediting agencies.The project includes the full replacement of the existing 3,200 SF Virginia Aquarium animal care holding facility with a state-of-the-art,multi-functional facility that is capable of housing animals essential to the Virginia Aquarium's educational and conservation mission.The project also includes enhancements to animal care holding areas throughout the Virginia Aquarium's other buildings,such as upgrades to enclosures and access,mechanical and filtration components,environmental equipment,controls,and Supervisory Control and Data Acquisition(SCADA)system(s). Purpose and Need Changes in animal welfare awareness in zoo and aquarium settings is driving increased review and scrutiny of Infrastructure and supporting systems essential to providing care for the animals.Advances in technology necessitate improvements in filtration methods,controls,and data acquisition.Current animal care environmental equipment needs to be upgraded to meet industry standards.While the animal holding spaces meet the minimum requirements established by accrediting agencies,the facility cannot be reconfigured or evolve as standards change.The capacity of the Aquarium to provide quality educational animal programs is limited.Upgraded facilities will allow the Aquarium to expand up-close educational animal programs that guests expect. History and Current Status This project first appeared in the FY 2022-27 CIP as an out-of-cycle CIP submission. In 2021,the American Rescue Plan Act established a program to provide$16B in grants to venues that were unintentionally shuttered in 2020 and 2021 due to COVID-19.Applicants for grant funding were eligible to receive 45%of their gross 2019 revenue.These funds are intended to reimburse the cost of salaries in the prior fiscal year.The Virginia Aquarium lost significant revenue while closed from March 2020 through June 2020.The Aquarium applied for a grant and on July 21,2021,and the Oty was awarded$4,486,715.06 for the Virginia Aquarium.The grant does not require a local match,and funds are to solely benefit the shuttered venue. Operating Budget Impact Comments There are no anticipated Operating Budget impacts. FY22 FY23 FY24 FY25 FY26 FY27 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Schedule of Activity—. Project Activities From-To Amount Design 11/21-06/22 200,000 Furniture&Fixtures 07/22-06/24 470,000 Construction 07/22-06/24 3,315,000 Site Work 07/22-06/24 200,000 Contingency 11/21-06/24 136,715 4,321,715 Total Budgetary Cost Amount 4,321,715 Funding Subclass Local Funding Total Funding: 4,321,715 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: _Virginia Aquarium Foundation ECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) x❑ Accounting and/or preparer of BDO Global your tax return Financial Services (include Towne Bank, Truist, PNC, lending/banking institutions and Atlantic Union current mortgage holders as applicable) Jan Proctor for General x Legal Services Counsel and William Devine of Williams Mullen Litigation Truist ❑ Broker/Contractor/Engineer/Other x Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 4i / / Cynthia Whitbred-Spanoulis 1 2/01/2021 APPLICANT'S SIGNATURE PRINT NAME DATE I. PLANNING 1. ATLANTIC DEVELOPMENT ASSOCIATES, LLC a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots to create a total of three (3) lots at 2744 Ansol Lane& 153 Bassett Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. JAMES B. RICHARDS, JR. & LINDA CHAMPION-RICHARDS for a Street Closure re 375 square feet of an unimproved ally adjacent to the rear of 733 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. MICHAEL I. ASHE & MITZI S. ASHE, CO-TRUSTEES OF THE ASHE REVOCABLE TRUST for a Street Closure re 375 square feet of an unimproved alley adjacent to the rear of 729 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. VB HOLDINGS, LLC for a Modification of Conditions re senior housing at 608 Dam Neck Road DISTRICT 7—PRINCESS ANNE (Approved by City Council December 2001) RECOMMENDATION: APPROVAL 5. ATLANTIC DEVELOPMENT ASSOCIATES,LLC/MARTHA FISHER HUERTA/VB HOLDINGS,LLC,for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural& R- 10 Residential to Conditional A-12 Apartment District re develop a ninety-two (92) Unit condominium community at 580 & 608 Dam Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. HOLLAND LAKES ASSOCIATES, LC for a Conditional Use Permit re mini warehouse / self-storage facility at 3478 Holland Road DISTRICT 3 —ROSEHALL RECOMMENDATION: APPROVAL 7. MUTTS WITH A MISSION for a Conditional Use Permit re commercial kennel at 2700 Shirley Landing Drive DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4ft-F- r 4�4, ., ,..,,,:.0..,..„ . NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, December 14,2021 at 6:00 p.m.in the Council Chamber at City Hall, Building 1,2n°Floor at 2401 Courthouse Drive,Virrnia Beach,VA 23456. Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV, and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at rittos://vbgov webex com/vbgovion,tage/e_DhroMTID-e5125F13 6d16326a0c6.588cf780b70522 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on December 14,2021. The following requests are scheduled to be heard: Atlantic Development Associates, LLC (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Address:2744 Ansol Lane&153 Basset Avenue GPIN(s):1497430562, 1497430478 Council District Beach James B.Richards,Jr.&Linda Champion-Richards(Applicants&Property Owners)Street Closure Adjacent Address:7.5-foot by 50-foot portion of an unimproved alley adjacent to 733 Vanderbilt Avenue Adjacent GPIN(s): 2426385075 Council District Beach The Ashe Revocable Trust(Applicant)Michael I.&Mitzi S.Ashe(Property Owners)Street Closure Adjacent Address:7.5-foot by 50-foot portion of an unimproved alley adjacent to 729 Vanderbilt Avenue Adjacent GPIN(s): 242A3RF180 Council District Beach VB Holdings,LLC(Applicant&Property Owner)Modification of Conditions Address: 608 Dam Neck Road GPIN(s): 2425266489 Council District Princess Anne Atlantic Development Associates,LLC(Applicant)Martha Fisher Huerta,VB Holdings, LLC (Property Owners) Conditional Rezoning (AG-1 & AG-2 Agricultural & R-10 Residential District to Conditional A-12 Apartment District to construct 92 units at a density of approximately 1.66 units per acre) Address: 580 & 608 Dam Neck Road GPIN(s): 2425255531, 2425266489 Council District Princess Anne Holland Lakes Associates,LC(Applicant&Property Owner)Conditional Use Permit (Mini-Warehouse/Self-Storage) Address: 3478 Holland Road GPIN(s):1486737186 Council District Rose Hall Mutts with a Mission(Applicant&Property Owner)Conditional Use Permit (Commercial Kennel) Address: 2700 Shirley Landing Drive GPIN(s): 1398326447 Council District Princess Anne Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500, Virginia Beach,VA 23452 or online at www.vbgov.com/pc. For information call 757-385- 4621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Please check our website at www.vbgov.com/government/departments/city-clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-NOVEMBER 28,2021&DECEMBER 5,2021-1 TIME EACH W 0 Pr) CC to NV- o 15 C:in /Ce 7 1c3/ \c ,‘ \ \� o-,c\„,,z) . \/- ‘C2 � I O O .Acill01111 H\ I N O O `<, ' - b,4e n 0 tu 11 . \A. \ , \, l \ 00 \ 94‘'‘' \v,\\ —I z....1 c toeb,„ u < �� o ! :ri'd tit; o if o in w z i 0 0 \ - --.)., ce .., ,.. e z,z ,ji z 47,- \ C3 \ \/ . 6\,,Y6120,, \>,\\ I 'z . za <\fie �\el, Ats_ 1 I !; ' 4$ , v 41'7' ' 4 . oc o I ci)/ o 0 i o 1 Q o l ,11 co Q N o i ,,./Z ,,,/ I / 1 to , cu)/44(\ f C co 0 / . C7) PSG l � I ico N a C.CL 14C 'I cn d N> - ,- II li / m 1E 0 , , �S,,:.,: yy�3 „F., ..,...„ 6%.,,,:,..,,0:. CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: ATLANTIC DEVELOPMENT ASSOCIATES, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 2744 Ansol Lane & 153 Bassett Avenue (GPIN 14974305620000, 14974304780000). COUNCIL DISTRICT — BEACH MEETING DATE: December 14, 2021 • Background: The applicant is proposing to subdivide two lots in the Doyletown neighborhood, identified on the survey as "Lot 5" and "Lot 6," to create a total of three lots on property zoned R-5D Residential Zoning District. The dimensional standards for lots in this district require a minimum lot size of at least 5,000 square feet and a minimum lot width of 50 feet, with an additional 10 feet in width for corner lots. Lots 5 and Lot 6 were legally established by plat in Map Book 59, Page 8 in 1895 with the existing corner lot having a lot width of 50 feet. Currently, a single-family home occupies the site, straddling the interior shared property line between both lots. The proposed three lots, Lot 5A, Lot 6A, and Lot 6B, are proposed with 5,000 square feet in lot area and lot widths of 50 feet. Since proposed Lot 6A has frontage on both Ansol Lane and Bassett Avenue, the proposed 50-foot lot width would not meet the minimum 60-foot lot width requirement for a corner lot. As Lot 6A would not meet all dimensional standards required by the Zoning Ordinance for parcels in the R-5D Residential District, a variance to Section 4.4(b) of the Subdivision Regulations is requested. • Considerations: The existing lots were created prior to the establishment the Zoning Ordinance and are recognized as legally established parcels with vested development rights. While in the existing configuration neither parcel meets current dimensional requirements for a duplex use, as the lots were legally created and are zoned for either a single-family or duplex use, the property owner the ability to develop these existing lots with two duplexes for a total of four dwelling units. The applicant's proposal of three units would serve to decrease the number of potential dwelling units from four to three, which is consistent with the AICUZ of the property of >75 decibels (dB). Also, and while duplexes on substandard lots would not necessarily be out of character with the surrounding neighborhood, the proposed use would be a positive step to bring the lots closer to conformance with the current dimensional requirements of the Zoning Ordinance. Further details pertaining to Atlantic Development Associates, LLC Page 2 of 2 the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On November 10, 2021 , the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Single Family Development Exhibit, Lots 5 & 6, Block 12", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter, the "Subdivision Plans"). 2. The applicant shall grant a reservation for the property lines at the southeast corner of Lot 6A, where Ansol Lane and Bassett Avenue intersect, to be rounded with a radius of ten (10) feet as required by Section 4.1(j) of the Subdivision Regulations. This reservation shall then be conveyed to the City of Virginia Beach following the recordation of the plat for the sum of $1.00. 3. All future development of these lots shall be in conformance with the Lynnhaven Strategic Growth Area Master Plan and in compliance with the Strategic Growth Area's Guiding Design Principles. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. SubmittingDe artment/Agency: Planning Department L7 p 7' ' City Manager: f/6-9 . Applicant & Property Owner Atlantic Development Associates, Agenda Item LLC j Planning Commission Public Hearing November 10, 2021 13 r`., City of City Council Election District Beach Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) „goo Beach Bo"*v 4,p qv Staff Recommendation �, 1 �° P^ Approval pro % ,/ �` `3 0 o P ,t 4 H H, d( O Staff Planner A It Pinewood Drive v Aubrey A.Trebilcock Southern Boulevard W ids o °' c9 q Dean Drive Location 264 Anyot LaneP , yP �� 2744 Ansol Lane, 153 Bassett Avenue _,a__ _ t ° Sa,r ett Street GPIN - " -- 14974305620000, 14974304780000 0 ` o cue ` f Potters ROB Site Size ¢�Da (c' °P� as , ._�// 1 �t yy 15,000 square feet °,¢ t Lynnha "°�d AICUZ ae of 9� Greater than 75 dB DNL ' �',. Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling / R-5D Residential , Surrounding Land Uses and Zoning Districts gi . North ` 4 Single Family Home /R-5D Residential South Ansol Lane `' Single-family Homes, Duplex /R-5D Residential East 4, • Bassett Ave Duplexes / R-5D Residential West - Duplex, Vacant Parcel / R-5D Residential ., Atlantic Development Associates, LLC Agenda Item 13 Page 1 Background & Summary of Proposal • The applicant is proposing to subdivide two lots, named "Lot 5" and"Lot 6", in order to create a total of three lots within the R-5D Residential Zoning District.The dimensional standards for lots in this district require a lot size of at least 5,000 square feet and a minimum lot width of 50 feet,with an additional 10 feet in width for corner lots. • Lot 5 and Lot 6 were created by Map Book 59, Page 8 in 1895.Although a single-family home is currently present across both lots,the property line dividing Lots 5 and 6 was never vacated. • The proposed three lots, Lot 5A, Lot 6A,and Lot 6B,would all be 5,000 square feet in lot area with 50-foot lot widths.Since proposed Lot 6A has frontage on both Ansol Lane and Bassett Avenue,the proposed 50-foot lot width would not meet the 60-foot lot width requirement for a corner lot.As Lot 6A would not meet all dimensional standards required by the Zoning Ordinance for parcels in the R-5D Residential District, a variance to Section 4.4(b) of the Subdivision Regulations is required. Required Street Proposed Required Lot Proposed Lot Required Lot Proposed Lot Proposed Line Frontage in Street Line Width Width Area Area Lot R-5D Frontage (feet) (feet) (feet) (feet) (square feet) (square feet) Lot 5A 40 50 50 50 5,000 5,000 Lot 6A 48 50 60* 50 5,000 5,000 Lot 6B 40 50 50 50 5,000 5,000 *Variance requested ,> t/ \\ 92. \ • Zoning History � . # Request . �— t 1 REZ(R-5D to 0-2)Approved 01/20/1975 `.,, \\\\ / 264 Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Atlantic Development Associates, LLC Agenda Item 13 Page 2 Evaluation & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property,and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The existing lots were created in 1895 prior to the establishment of the Subdivision Regulations and Zoning Ordinance. According to Section 105(g)of the Zoning Ordinance,"Any conforming principal or accessory use,conditional use or conforming structure housing such use may be enlarged,extended,constructed, located, or moved on any lot created prior to the effective date of this ordinance regardless of the size or dimensions of such lot, provided that other requirements of this ordinance are met."This would include the ability to develop the lots with duplexes as many of the neighboring lots have done.The current dimensional requirements for a duplex lot in the R-5D Residential Zoning District include a 10,000 square foot minimum lot area and a 75-foot lot width.The existing lots each only have 5,000 square feet in lot area and 50 feet in width. Rather than potentially establish a duplex use which would only half meet the required lot area,the applicant proposes to create three lots which would be limited to single-family homes. Each lot would be able to meet the 5,000 square foot minimum lot area. Lots 5A and 6B will also meet the 50-foot width requirement. Lot 6A will not be able to meet the 60- foot width required of a corner lot, but this would still represent a less extreme deviation from the current requirement than a potential duplex use would on the existing lots. While duplexes on substandard lots would not necessarily be out of character with the surrounding neighborhood, it would be a positive step to bring the lots closer to conformance with the current Zoning Ordinance.The neighborhood is also within the Lynnhaven Strategic Growth Area and is therefore subject to additional aesthetic review of proposed dwellings.The applicant has worked with Staff to provide renderings to show how they plan to visually improve the neighborhood with architecturally desirable homes. In modernizing these lots,to both closer meet the Zoning Ordinance and visually adhere to the recommendations of the Lynnhaven SGA,Staff's position is that the variance request will serve to improve the lots as well as the surrounding neighborhood and is in support of the request subject to the conditions provided below. Recommended Conditions 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Single Family Development Exhibit, Lots 5&6, Block 12", prepared by WPL,copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter,the "Subdivision Atlantic Development Associates, LLC Agenda Item 13 Page 3 Plans"). 2. The applicant shall grant a reservation for the property lines at the southeast corner of Lot 6A,where Ansol Lane and Bassett Avenue intersect,to be rounded with a radius of ten (10)feet as required by Section 4.1(j)of the Subdivision Regulations.This reservation shall then be conveyed to the City of Virginia Beach following the recordation of the plat for the sum of$1.00. 3. All future development of these lots shall be in conformance with the Lynnhaven Strategic Growth Area Master Plan and in compliance with the Strategic Growth Area's Guiding Design Principles. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property in the Lynnhaven Strategic Growth Area. The Lynnhaven SGA seeks to capitalize on existing adjacent assets such as the Lynnhaven River/London Bridge Creek system and healthy neighborhoods. Maintaining the health of a neighborhood can be accomplished by protection of the overall character, economic value, and aesthetic quality of the existing surrounding neighborhoods as well as including efforts to protect the natural environment and the historic and cultural resources. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. No wetlands,floodplains subject to special restrictions,or watershed buffer areas lie within the subject site. No negative impact to any natural or cultural resources is anticipated. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Ansol Lane N/Al N/A 2 Existing Land Use 2—30 ADT4 Proposed Land Use 3—30 ADT 'Volume and capacity are not 2as defined by a duplex 3as defined by three single-family 4 Average Daily Trips defined for Local Streets homes Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Ansol Lane and Bassett Avenue are both defined as Local Streets.There are no plans to expand either roadway beyond their current use.The Average Daily Trips(ADT)as calculated by the most intense use permitted on each lot,a duplex, would be 30 ADT.The proposed three single family homes would have an equal ADT of 30,therefore; no increase in potential ADT is anticipated. Atlantic Development Associates, LLC Agenda Item 13 Page 4 When a corner lot at the intersection of two local streets is to be subdivided,the Subdivision Regulations require that the corner of the lot nearest to the intersection be rounded with a minimum radius of ten (10)feet. This would cause Lot 6A to be substandard in terms of lot area. A condition has been added allowing a reservation for the corner rounding to be made to the City of Virginia Beach following the subdivision of the property so that it will still meet the minimum lot area at the time of recordation. Public Utility Impacts Water City water is available. Sewer City sanitary sewer is available. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,October 24, 2021 and October 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 25, 2021. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on November 4,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 28, 2021 and December 5, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 29, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on December 10, 2021. Atlantic Development Associates, LLC Agenda Item 13 Page 5 Existing Lot Layout gill= (19c1 '.?d 'srre 'e 0) ._ 0 (3nN3nY N/SNO.'S/M A7d3PYYOJ) T°317N3A V 113SS V9 " W R- �,,.. , — — — Mike III � „ J ' / CiH ,, 6 I II. � _� ` cx :L�:l1� �I _ 6:' -�^ 4 II Z3� ov v s a - NIL Lo3 oaitc $ J: "k . $ � L t ti c,(s O44 $L ct~oi h I`)K IN �0m 1 c ^1 14 \g fig` 7 I =t NU- -- O Alt 31...141 {�y I 0 jo ' _ I f .F J J _° �I I I j 'RO ,DOOM 3.9ij. 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FRONT SIDE 71 PREANUI tRCNJ7FCTURAL J / PREMIUM VINYL SIDING \,\ SyING[FS �. ✓INYL SIDING I y Mil 'FR RR 1 El] it 1 1 I El L L li PARGE BLOCK) UM VINYL OR BRICK SKIRT VINYL SIDING Atlantic Development Associates, LLC Agenda Item 13 Page 8 Lots 5A and 6B Renderings and Materials -=-.� �..• _ I -' ' NNW 11111.11, ti _ !` _A_ _— : e._. -- a.d'y AKClifaCnIRAC AACYITECR VINYL N S1 /Rs, SHINGLES I7E SIE f1i.NG PREMNt/M smiyuk5 n ax sows .,....,:,--, ,. ...... ,„, • . . ,... , .. 7 III. a, PREMIUM YF.EMFVM NMS.L = NNYf Si2�ro,: �_ 111 II u o II 11 II II II C n n fl u u n n u u n I rt I I n u OD "nlar=lor=lla1ao t Roo DO IMEI=Mla®la 0 =I®U1=I��1,= oo O0 MMlMMMMM® ®aDDD J D QQ wulolloll1lblol®l Iolr1®lollolbllol(o �' 1 ®8®��®® // <R:,£R.,o..^K •/ PAR:,E fit OCK J P. .RPt^K Sk:Ri OR BRICK SKIRT ) LOT 6B LOT 5A Atlantic Development Associates, LLC Agenda Item 13 Page 9 Site Photos s v r ; ,ti x -_. Ft' s •Y ,•. , • ...._ . . . ., . , . .. . • ..,, ,s isi, , .,,r, ,,,,,, ,.,,r . . rs s .,, ..._. . ._. .. , .. . ............. , ,_...,...,,,,.., _ _. ___. ......,... .., .. : r.',7• . : •,-- — . .. , ...__ -,... _40,, .5„,..ar . . 4,,e,- /:-,.: fir{ a s" ,a,, x 'Y ._S Ya 9* ;. J r i .* ' '- r ■ ► fig t: _ �" __ , ` '1 ; 1 . is, Atlantic Development Associates, LLC Agenda Item 13 Page 10 Disclosure Statement Disclosure Statement y<;PWpru A.ut Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Atlantic Development Associates,L.L.C. Does the applicant have a representative? ■Yes 0 No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?II Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Brian C.Large,Sole Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Atlantic Development Associates, LLC Agenda Item 13 Page 11 Disclosure Statement Disclosure Statement c.v./liryiniv amp+ = •nning&Community Development —. 101011.111 Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes I i No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? •Yes No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? O Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?t Yes 0 No • If yes,identify the firm and individual providing the service. wP1 5. Is there any other pending or proposed purchaser of the subject property?0 Yes •No • If yes,identify the purchaser and purchaser's service providers. Atlantic Development Associates, LLC Agenda Item 13 Page 12 Disclosure Statement Disclosure Statement ca .ft' ,end Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing the service. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?•Yes 0 No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate I understane that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Atlantic Deve c By: Ap Sign ure Brian C.Large,Sole Me r Print Name and Title . r _ Date Is the applicant also the owner of the subject property? II Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of Date 11/24/2021 Signature A4L•j-9-LZ a • Print Name Aubrey Trebilcock 31 Atlantic Development Associates, LLC Agenda Item 13 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Atlantic Development Associates, LLC Agenda Item 13 Page 14 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 13 Atlantic Development Associates, LLC [Applicant& Property Owner] Subdivision Variance [Section 4.4 (b) of the Subdivision Regulations] 2744 Ansol Lane & 153 Basset Avenue RECOMMENDED FOR APPROVAL— CONSENT David Weiner: Thank you. Now we'll move on to the Consent Agenda and Vice Chair Wall will take over. Jack Wall: Thank you, Mr. Chair. We have seven consent items on the agenda today. The first item is agenda item number two, Friends School, a Modification of Conditions. Address is 1537 Laskin Road in the Beach District. Is there a representative for this item? David Weiner: Two representatives. Jack Wall: Welcome. Hi, please state your name for the record. Mr. Roethlisberger: Good afternoon. Todd Roethlisberger with Poole, Brooke, Plumlee PC on behalf of the applicant and with me is Billy Almond who's on behalf of the site planner. Jack Wall: Okay. Are the conditions acceptable? Mr. Roethlisberger: Yes, we accept all conditions. Jack Wall: All right. Thank you. 1 Mr. Roethlisberger: Thank you. Jack Wall: Is there any opposition for this item to be placed on the consent agenda? Hearing none. The Planning Commission has asked Mr. Inman to read this into the record. Michael Inman: Thank you, Mr. Wall. This is an application for Modification of Conditions and has to do with a private school on Laskin Road, Friends School. Been there for quite a long time. It's also existing zoning is B2 and A18 apartment. So, it's located in the Hilltop SGA, and the applicant's now seeking to reduce the acreage of the site because the rear portion of the property has been sold. Approximately 6.63 acres will be removed from the Friends School property and about four acres will be remaining. Agenda item three will reflect here next, the new property owners desire on how to redevelop it. The staff has stated that the request for the modification is acceptable. Per the city's Zoning Ordinance, a 15-foot-wide buffer, landscape buffer. The category four landscaping is required along the property lines abutting residential or apartment districts. However, the applicant proposes to install a 10-foot-wide landscape buffer instead of 15 feet. But with the addition of a six-foot tall, solid cedar wood fence with cap and evergreen plantings reaching them minimum of 10 feet in height. So, staff is supportive of this deviation to the code requirements, and we have decided to put on the Consent Agenda for that reason. Jack Wall: Okay, thank you. The next item on the Consent Agenda is agenda item number 3. 1537 LLC, for a Modification of Conditions at 1537 Laskin Road in the Beach District. Is there a representative for this item? Lisa Murphy: Good afternoon, Chairman, Vice Chairman, members of Planning Commission. For the record my name is Lisa Murphy, local zoning attorney, and I'm here for the applicant and owner of 1537 LLC. I appreciate all the time that Marchelle spent on this. One thing I'd like to just correct, is that there aren't any conditions associated with this Modification of Conditions because we are removing the use permit from the property. Jack Wall: Understood. Okay. Thank you. Lisa Murphy: Thank you. 2 Jack Wall: Is there any opposition for this being placed on the consent agenda? Hearing none. Appointing commission has asked Ms. Klein to read this into the record. Robyn Klein: The applicant is seeking to modify the previously approved Conditional Use Permits to remove the 6.63 acre property from the permit in order to construct a five-building multifamily development. The proposed use is consistent with the existing zoning of the property and can be developed as a permitted use of by right in Zoning District. Staff recommends approval and the Planning Commission agrees. Jack Wall: Perfect. All right. Thank you. The next item on the Consent Agenda is agenda item number four, James B. Richards and Linda Champion Richards for Street Closure at 733 Vanderbilt Avenue. Is there a representative for this item? Eddie Bourdon: Thank you. Commissioner Wall, Chairman, members of the Commission for the record, Eddie Bourdon, Virginia Beach attorney representing the Richards family. And we appreciate this application being on the Consent Agenda. All the conditions recommended by staff are accepted. Okay, thank you. Jack Wall: Is there any opposition for the side to be placed on the Consent Agenda? Hearing none. We've asked Ms. Oliver to read this into the record. Dee Oliver: Thank you. The applicants here are requesting to close a portion of the platted and unnamed and unimproved alley that is adjacent to their rear lot of address 733 Vanderbilt Avenue. The proposal includes closure of half of the 15-foot-wide alley. And then that's totally 375 square feet. To incorporate that into their land in adjacent residential lot. The site is developed consistent with the other residential lots in the Croatan neighborhood with single family homes and fenced in backyards. And currently the area proposed to be closed as fenced in and has been used and maintained by the applicant. Staff recommends approval. There is no opposition to this item and therefore Planning Commission has put it on the Consent Agenda. Jack Wall: Thank you. The next item on the Consent Agenda is agenda item number five, the Ashe Revocable trust. And as the applicant, Michael and Mitzi Ashe are the property owners for Street Closure at 729 Vanderbilt Avenue. Is their representative for this item? 3 Eddie Bourdon: Push replay again for the record. Eddie Bourdon, Virginia Beach attorney representing Mr. and Mrs. Ashe and their Trust. Again, all the conditions are acceptable. Appreciate being on the Consent Agenda. Thank you. Jack Wall: Okay, thank you. Is there any opposition for this side to be placed on the Consent Agenda? Hearing none. Ms. Oliver, can you read this into the record? Dee Oliver: I can. This is their next-door neighbor, and this applicant is also requesting to close a portion of the platted and unnamed an unimproved alley that is adjacent to their rear lot on 729 Vanderbilt Avenue. This proposal includes closure of half of the 15-foot-wide alley, totally in 375 square feet and incorporating that land into their adjacent residential lot. This site is developed consistent with the other residential lots in the Croatan neighborhood with a single-family home and a fenced in backyard. And currently the proposed area is fenced in and has been used and maintained by the applicant. The staff has recommended approval and there are no opposition to this. So, the Planning Commission has put it on the Consent Agenda. Jack Wall: Thank you. The next item is agenda item number 11, Holland Lakes Associates for Conditional Use Permit for mini-warehouse self-storage at 3478 Holland Road and Rose Hall District. Eddie Bourdon: Thank you very much. Chairman, members of Commission again, Eddie Bourdon Virginia Beach attorney representing Holland Lake associates, LLC. I want to thank Hoa for his efforts on this application. Nice redevelopment, and all of the conditions recommended by staff are acceptable to the applicant. Thank you. Jack Wall: Thank you. Is there an opposition for this being placed on the Consent Agenda? Hearing none. We've asked Mr. Redmond to read this into the record. Dave Redmond: Thank you, Mr. Wall. This is an application of Holland Lakes Associates, LLC for Conditional Use Permit for a mini warehouse and self-storage facility at an existing shopping center development on Holland Road. Specifically, the applicant sees a Conditional Use Permit for a 130,000 square foot, three story self-storage facility. This will require the redevelopment of a portion of the shopping center, which is on property zoned B2 Community Business District at the corner of Holland Road and Diane Lee Drive. There are two existing units at the front of the 4 property that will remain. And one of which will be added onto it as an interesting development. If you look at the shopping center, this is not shopping center style. It was in vogue at one point where it's in an L with a parking lot in the middle and they tend not to work very well. The property itself could use some tender, loving care. This applicant has proposed a number of improvements to this property in the course of this redevelopment that are very attractive. One of which is a green wall function where panels with vines will be grown on the side of the building to soften and green the appearance of the building... The building itself is a much more modern. Thank you. The building itself is a much more modern presentation than the buildings that are on the site today. There's a ton of retail up and down Holland Road, which is vacant. So simply rebalancing, the types of uses on Holland Road is in an... Of itself an improvement. There are a couple of minor deviations from the setback and landscape requirements, which really weren't the applicant's desire, but are simply defined by the characteristics of the property, where they are, where drainage easements lie. Staff found that none of those deviations would be de detrimental. And the Planning Commission agrees. Finally, the applicant has agreed to install a new monument sign, which will certainly improve. Thank you. Which will certainly improve and brighten the signage that's on the site there today. Long and short of it is, this is a great improvement to a property that could well have used some improvement. The applicant saw that and has done a fine job. I think of creating something that is much more beneficial and fits much better into both the built environment and just into the strategic balancing of resources within the Holland District. The staff recommends approval. There is no opposition to this. The Planning Commission saw fit to put it on our Consent Agenda. And so forward we go, thank you, Mr. Wall. Jack Wall: Okay. Thank you. The next agenda item is number 13, Atlantic Development Associates, LLC, for Subdivision Variance. Eddie Bourdon: Last one on consent anyway. For the record Eddie Bourdon, Virginia Beach attorney representing Atlantic Development. Appreciate Aubrey's work and all staffs work on this again, a good redevelopment of a piece property that at a lower density and all three conditions are acceptable to the applicant and appreciate being on the Consent Agenda. Thank you. Jack Wall: Thank you. Is there any opposition for this being placed on the Consent Agenda? Hearing none. Planning commission has asked Mr. Bradley to read this into the record. David Bradley: All right. Thank you. The applicant is proposing to subdivide two lots named Lot 5 and Lot 6 in order to create a total of three lots within the R5D residential zoning district. The dimensional 5 standards for lots in this district require a lot size of at least 5,000 square feet and a minimum lot width 50 feet with an additional 10 feet width for corner lots. Lot 5 and Lot 6 were created by plat, recorded on map book 59, page eight and 1895. Although a single-family home is currently present across both lots. A property line dividing Lots 5 and 6 was never vacated. The proposed three lots: 5A, 6A, and 6B, would all be 5,000 square feet in lot area with 50-foot lot width. Since proposed Lot 6A has frontage on both Ansol Lane and Basset Avenue. The proposed 50-foot lot width would not meet the 60-foot lot width requirement for a corner lot. As Lot 6A would not meet all dimensional standards required by the zoning ordinances for parcels in the R-5D Residential District, a variance to Section 4(B) of the Subdivision Regulations is required. Plan staff has recommended approval. There's no opposition, so we're putting it on the Consent Agenda. Jack Wall: Thank you. The next item on the Consent Agenda is agenda item number 16, James D. White Revocable Living Trust for Conditional Use. Oh, sorry. Misread that. Sorry. It is agenda number 15 Jose M. Rivera. My apologies. The applicant and KMP Enterprises, LLC property for Condition Use Permit for are Tattoo Parlor at 549 Newtown Road, Suite 109, Kempsville District. Is there representative to speak on this? Please state... Jose: Its Jose. Jack Wall: Okay. Are the conditions acceptable? Jose: Mm-hmm (affirmative). Jack Wall: Okay. Thank you. Jose: Thank you. Jack Wall: 6 Appreciate it. Is there any opposition for this item be placed on the Consent Agenda? Hearing none. We've asked Mr. Coston to read this into the record. John Coston: Thank you, sir. The applicant is requesting to operate a Tattoo Parlor specifically for the application of permanent makeup known as microblading. The operation will occur within an existing 8,758 square foot unit in a shopping center along Newtown Road. According to the application, only one employee is anticipated. Hours of operation are proposed as 8:00 AM to 2:00 PM. Monday through Saturday by appointment. No exterior changes are proposed to the building or to the existing signage. The Conditional Use Permit request for the tattoo parlor is in staffs opinion acceptable, and the Planning Commission has agreed and therefore placed it on the Consent Agenda. Jack Wall: Thank you. That was the end of the items on the regular Consent Agenda. There is one Short- Term Rental on the STR Consent Agenda, and that is James D. White Revocable Living Trust for Condition Use Permit at 407 18th street. I think that's... And these... You're good. Yeah, you're fine, you can come up here. The Planning Commission places, this application for Condition Use Permit for Short Term Rental on the Consent Agenda, as it meets the applicable requirements of section 241.2 of the Zoning Ordinance, staff supports the application and there's no known opposition to the requests. Mr. Chairman. That's the last item on the regular and the STR Consent Agenda. I make a motion that we approve agenda items two, three, four, five, 11, 13, and 15. And on the short-term rental agenda, number 16. Michael Inman: Sorry. David Weiner: Oh yes sir, Mr Inman. Michael Inman: I need to make a disclosure pursuant to the state and local government conflicts of interest act in that these following agenda items have been financed or maybe financed by Towne Bank. That is number nine, Winner's property, 13, Atlantic Development Associates, 16, James D. White. Some of these will come up later in this meeting. As such I have made this disclosure. I serve on the Advisory Board for Towne Bank, which makes no loan decisions. And I believe I can participate fairly and objectively in the public interest. And I will vote on these items. David Weiner: 7 Mr. Redmond. Dave Redmond: Mr. Chairman, I'd like to make a disclosure of my own. I have a letter on file with the City Attorney's office. I have a client in the travel industry and some time ago I disclosed pursuant to the Conflicts of Interest Act that Mike just mentioned. I am unable to vote on either individual applications for short term rentals or for any ordinances that apply to short term rentals. So when I vote on these yeah, on these consent items, I am excluding the short-term rental application from my vote. Thank you. Sounds good. Jack Wall: Mr. Graham, Whitney Graham: I, like Mr. Inman, am making a statement, in accordance with state and local government Conflict of Interest Declaration the following items that are on the agenda. Number nine, Winner's properties, LLC. Number 13, Atlantic Development Associates, and number 16, James D. White Revocable Living Trust. I serve on an Advisory Board at Towne Bank, which makes no loan decisions. And I believe I can participate in this transaction fairly, objectively and in the public's best interests. I intend to participate in the vote. David Weiner: Okay. Thank you anymore? All right. We have a motion by Mr. Wall and second by Mr. Horsley, for the Consent Agenda. Madam Clerk: The vote is open. By recorded vote of 11 in favor, zero against agenda items two, three, four, five, 11, 13 and 15 have been recommended for approval. By recorded vote of 10 in favor, zero against with one abstention, agenda item number 16 has been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 8 CONDITIONS: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Single Family Development Exhibit, Lots 5 &6, Block 12", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter, the "Subdivision Plans"). 2. The applicant shall grant a reservation for the property lines at the southeast corner of Lot 6A, where Ansol Lane and Bassett Avenue intersect, to be rounded with a radius of ten (10) feet as required by Section 4.1(j) of the Subdivision Regulations. This reservation shall then be conveyed to the City of Virginia Beach following the recordation of the plat for the sum of $1.00. 3. All future development of these lots shall be in conformance with the Lynnhaven Strategic Growth Area Master Plan and in compliance with the Strategic Growth Area's Guiding Design Principles. Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 9 illo.'" 0/ \ - iv ' 11111 1 - CD 1 -11 - , CD _ C3 0 f.•a --\ ____ - it l 1 3- c:3- c.t . R:-10 \ _ C) (2tor- L:\31R1 0 n\ IIIII IP R1 0 R1.0ui c3 0 e P-., -,,, , , \I ----, , c lei, 11111 V. 0 ii CD fo F5 \ c).___ !. / 0.ccCD - - -, . Q!3 . e -' 0 o a r 1an— QOS e c M_ venu - --'\ 1 andp! 7' Al2 0 -Mary= - 1 0 (:\ Tr... \ R10 c-_ , C:\___ �. *0 y R1:0=4 R10CD ---- R1.0C - =o ' ii CD 01 ' N //, Site James B. Richards, Jr. & Linda Champion-Richards W Noy.E Property Polygons 7.5-foot by 50-foot portion of an unimproved S Zoning alley adjacent to 733 Vanderbilt Avenue Building - Feet 0 2040 80 120 160 200 240 [ rS osy I1f i,".wiec 4.4 s; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of James B. Richards, Jr. and Linda Champion- Richards for the Closure of One-half of an Unimproved Unnamed Alley Adjacent to the Rear of 733 Vanderbilt Avenue in Croatan MEETING DATE: December 14, 2021 • Background: James B. Richards, Jr. and Linda Champion-Richards (the "Applicants") requested the closure of approximately 375 square feet of an unimproved, unnamed alley (the "Right-of-Way") adjacent to the rear of their property located at 733 Vanderbilt Avenue (GPIN 2426-38-5075), for the purpose of incorporating the closed area into their adjoining property. • Considerations: This street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been approved within the Croatan neighborhood. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There was no opposition to the request. • Recommendation: On November 10, 2021 , the Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council, with the following conditions, except Condition 1 has been modified to include the specific purchase price: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. It has been determined that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must James B. Richards, Jr. and Linda Champion-Richards Page 2 of 2 be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of- Way this approval shall be considered null and void. • Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statement Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department `Q7 City Manager: 1 ORDINANCE APPROVING APPLICATION 2 OF JAMES B. RICHARDS, JR. AND LINDA 3 CHAMPION-RICHARDS FOR THE 4 CLOSURE OF ONE-HALF OF AN 5 UNIMPROVED UNNAMED ALLEY 6 ADJACENT TO THE REAR OF 733 7 VANDERBILT AVENUE IN CROATAN 8 9 WHEREAS, James B. Richards, Jr. and Linda Champion-Richards (the 10 "Applicants") applied to the Council of the City of Virginia Beach, Virginia, to have the 11 hereinafter described portion of an unimproved, unnamed right-of-way discontinued, 12 closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance. 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 24 Way") be discontinued, closed and vacated, subject to certain conditions being met on 25 or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "AREA OF PROPOSED STREET CLOSURE 30 (375 SQ. FT. OR 0.009 ACRES)" and shown as the hatched 31 area on that certain street closure exhibit entitled: "STREET 32 CLOSURE EXHIBIT OF THE EASTERN 7.5 FEET OF 15' 33 ALLEY (A PUBLIC R/W) LOT 12; BLOCK 16 CROATAN 34 BEACH (M.B. 24, PG. 37) VIRGINIA BEACH, VIRGINIA", 35 Scale: 1" = 20', dated July 30, 2021, prepared by WPL, a 36 copy of which is attached hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 1. The City Attorney's Office will make the final determination regarding 44 ownership of the underlying fee. The purchase price to be paid to the City shall be 45 determined according to the "Policy Regarding Purchase of City's Interest in Streets 46 47 No GPIN Assigned (City Right-of-Way) 48 Adjacent GPIN: 2426-38-5075 49 Pursuant to Street Closures", approved by City Council. It has been determined that the 50 purchase price to be paid to the City shall be $3,000, which is consistent with similar 51 street closures in this area. 52 53 2. The Applicants shall resubdivide the property and vacate the internal lot 54 lines to incorporate the Right-of-Way into the adjoining lot. The resubdivision plat must 55 be submitted and approved for recordation prior to the final street closure approval. 56 Said plat shall include the dedication of a public drainage easement over the Right-of- 57 Way to the City of Virginia Beach, subject to the approval of the Department of Public 58 Works, and the City Attorney's Office, which easement shall include a right of 59 reasonable ingress and egress. 60 61 3. The Applicants shall verify that no private utilities exist within the Right-of- 62 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 63 company must be provided. 64 65 4. Closure of the Right-of-Way shall be contingent upon compliance with the 66 above-stated conditions within 365 days of approval by City Council. If the conditions 67 noted above are not accomplished and the final plat is not approved for recordation 68 within one (1) year of City Council approval, said approval shall be considered null and 69 void. 70 71 SECTION III 72 73 1. If the preceding conditions are not fulfilled on or before December 13, 74 2022, this Ordinance will be deemed null and void without further action by the City 75 Council. 76 77 2. If all conditions are met on or before December 13, 2022, the date of final 78 closure is the date the street closure ordinance is recorded by the City Attorney. 79 80 3. In the event the City of Virginia Beach has any interest in the underlying 81 fee, the City Manager or his designee is authorized to execute whatever documents, if 82 any, that may be requested to convey such interest, provided said documents are 83 approved by the City Attorney's Office. 84 85 SECTION IV 86 87 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 88 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 89 VIRGINIA BEACH (as "Grantor") and JAMES B. RICHARDS, JR. and LINDA 90 CHAMPION-RICHARDS (collectively, as Grantee"). 91 92 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 93 of . 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Plannin Depament City Attorney CA 15404 \\VBGOVCOM\DFS1\APPLICATIONS\CITYLAWMCYCOM32\WPDOCS\D029\P039\00767232.DOC R-1 December 2, 2021 LOT 1A 1 LOT 2 1 LOT 3 (I.N. 20080124000088580) I (M.B. 24, PG. 37) I (M.B. 24, PG. 37) GPIN: 2426-37-4978 I GPIN: 2426-38-4062 i GPIN: 2426-38-4057 p1/213 OFi'1. N 04.14'15" w_ 50' 15' ALLEY GZ A� y NB. 24, PG. 37) ti h .` (UNIMPROVED) RIC ' . GARNER a s-� 04.14'15" W 50' Lic. ► .. 2904 BLOCK e 08/01/2021 ,�, 1(� RIC SUIZO'tARNE ° v 0 eiPypz4N Sp o AREA OF PROPOSED B2 ¢ PGU,3 jJ (375SQ.STREET CLOSURE OR 3 LOT 11 0.009 ACRES) o • (M.B. 24, PG. 37) Q " GPIN: 2426-38-5081 LOT 13 - (Ni.; (M.B. 24, PG. 37) Q Lli m Li GPIN: 2426-38-5180 a h .N-Cc W 14 on Q � on LOT 12 = QC GPIN: 2426-38-5075 cis i i; 50' a`1 50' Q� 0 0 a---,- Q\�`\ S 04'14'15" E NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT—OF—WAY CLOSURE VANDERBIL T AVENUE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) AND IS NOT INTENDED (80' R/W) FOR ANY OTHER THAN GENERAL REFERENCE. (FORMERLY PACIFIC AVENUE) 2. A TITLE REPORT HAS NOT BEEN PROVIDED (MAP BOOK 24, PAGE 37) FOR THIS PROPERTY. - STREET CLOSURE EXHIBIT OF THE EASTERN 7.5 FEET OF -_ - 15' ALLEY (A PUBLIC R/W) LOT 12; BLOCK 16 CROATAN BEACH Landscape Architecture 24, PG. 37) Land Surveying VIRGINIA BEACH, VIRGINIA Civil Engineering SHEET 1 OF 1 aite.com 757.431.1O41 2 MA"GWG 11E11L SE 8191M N 23152 SCALE: 1"=20' JULY 30, 2021 CAD/chla BKM/eag CITY OF VIRGINIA BEACH, VA I F.B. 1073 PG. 14 I PLAT: C-84 IJN:221-0157 Applicant & Property Owner James B. Richards, Jr. & Linda Champion-Richards Agenda Item Planning Commission Public Hearing November 10, 2021 cit r City Council Election District Beach 4 Virginia Beach Request Street Closure Staff Recommendation �fip ; Approval /� �'a e s . .+ c; , Staff Planner 0/ Cr g oatanRoad . 3 3 Marchelle Coleman ooWI° g A 7 Location cook' ,,,a 7.5-foot by 50-foot portion of an unimproved c, 1 �*` ,0.0 alley adjacent to 733 Vanderbilt Avenue 1,- i Adjacent GPIN F 2426385075 " \, Site Size ' 375 square feet o-a AICUZ Less than 65 dB DNL Row Watershed Watershed Atlantic Ocean Existing Land Use and Zoning District - Single-family dwelling/R-10 Residential ' ` ` s lk Surrounding Land Uses and Zoning Districts m 7 :, North ilia— dwelling/R-10 ResidentialOm. .- South Single-family dwelling/R-10 Residential dam ` East Vanderbilt Avenue4‘' W '. '-1 *' Single-family dwelling/R-10 Residential : .. •: ` ,, West - Y, �m i ,- :, Surfside Avenue b , I L' F Single-family dwelling/R-10 Residentialm ' James B. Richards,Jr. &Linda Champion-Richards Agenda Item 4 Page 1 Background & Summary of Proposal • The applicants are requesting to close a portion of the platted, unnamed, and unimproved alley that is adjacent to the rear lot line of 733 Vanderbilt Avenue.As shown on the submitted street closure exhibit,the proposal includes closure of half of the 15-foot wide alley,totaling 375 square feet, and incorporating that land into their adjacent residential lot, identified as Lot 12, Block 16,Croatan Beach. • The site is developed consistent with other residential lots in the Croatan neighborhood with a single-family home and a fenced-in back yard. Currently,the area proposed to be closed is fenced-in and has been used and maintained by the applicant. Zoning History # Request 1 STC(Portion of 15-foot wide alley)Approved \ 06/01/2021 2 STC(Portion of 15-foot wide alley)Approved R) I 05/22/2007 RR. �� 1 • 1, 3 STC(Portion of 15-foot wide alley)Approved 05/27/2008 • 4 STC(Portion of 15-foot wide alley)Approved 11/25/2008 .� „owe 5 STC(Portion of 15-foot wide alley)Approved R° 05/22/2012 \ w�,,,,ecO"`` �'� , 6 STC(Portion of 15-foot wide alley)Approved , 02/22/2011 ro. "P 7 STC(Portion of 15-foot wide alley)Approved Rro . \ 10/26/2004 1 • 8 ' 8 STC(Portion of 15-foot wide alley)Approved 02/27/2007 9 STC(Portion of 15-foot wide alley)Approved 03/01/2016 Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation As required by City Code,a Viewers' Meeting was held on September 27, 2021,that included City Staff from the Departments of Public Works, Public Utilities, Planning& Community Development, and the Office of the City Attorney, to consider this request.The Viewers determined that the proposed closure will not result in any public inconvenience; therefore,closure of this portion of the right-of-way is deemed acceptable. As evident on the Zoning History map above, many similar requests have been reviewed and approved by City Council for closure of alleys within the Croatan neighborhood. Consistent with many of those approvals,Condition 2 is recommended below whereby the City of Virginia Beach will retain a public drainage easement over the closed portion of the alley in the event that the property is required in the future for drainage of public water. Based on the considerations above,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. James B. Richards,Jr. & Linda Champion-Richards Agenda Item 4 Page 2 Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval.Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach,subject to the approval of the Department of Public Works,and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist,easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.There does not appear to be significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,October 24, 2021 and October 31,2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 25,2021. James B. Richards,Jr. & Linda Champion-Richards Agenda Item 4 Page 3 • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on November 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 28, 2021 and December 5, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 29, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on December 10, 2021. James B. Richards,Jr. &Linda Champion-Richards Agenda Item 4 Page 4 Proposed Site Layout LOT 1A I LOT 2 I LOT 3 (I.N. 20080124000088580) I (M.B. 24, PG. 37) I (M.B. 24, PG. 37) GPIN: 2426-37-4978 I GPIN: 2426-38-4062 i GPIN: 2426-38-4057 LTH pp",* N 04'14'15- W 50' 15' ALLEY r gy h S � (M.B. 24, PG. 37) • RIC .. tARNER A" 04 14'15` w So' Lie. . .. 2904 BLOCK e 08/01/2027 ,� ♦a 9�d suRv�'O g 'V 0 yB��,N SOU o AREA OF PROPOSED ?� p RCf STREET CLOSURE 2�c �) (375 SO. FT OR "� LOT— 0.009 ACRES) c5 (M.B. 24, PG. 37) 4. Q • GPIN: 2426-38-5081 LOT 13 Z i l N N.B. 24, PG. 37) 4.1 m 3 L. GPIN: 2426-38-5180 Z` Qtu ' po ZQ LOT12 f^ � GPIN: 2426-38-5075 v,l 0. 50' 50' e' c4klie `fie S 04'14'15- E o NOTES: sO 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT—OF—WAY CLOSURE VANDERBIL T AVENUE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) AND IS NOT INTENDED (80' R/W) FOR ANY OTHER THAN GENERAL RL LXENCE. (FORMERLY PACIFIC AVENUE) 2. A TITLE REPORT HAS NOT BEEN PROVIDED (MAP BOOK 24, PAGE 37) FOR THIS PROPERTY. STREET CLOSURE EXHIBIT OF r - = 15' ALLEY (A PUBLIC R/W) - LOT 12; BLOCK 16 CROATAN BEACH (M.B. 24, PG. 37) ildnaernyym9"th"°`''r' VIRGINIA BEACH, VIRGINIA CM EnginswIngm 57.4J11041 SHEET 1 OF 1 1;RUN 111 SEIO I N760lMI16Q SCALE: 1"=20• JULY 30, 2021 C1D/ehk: BKM/eag 'CITY OF VIRGINIA BEACH, VA I F.H.1073 PG.14 I PLAT:C-84 I IN:221-0157 James B. Richards,Jr. & Linda Champion-Richards Agenda Item 4 Page 5 Site Photos -4:- ,..,.. " .. ...30 ,•,. .... • 4 -_ ..., , _.: _ . 1 .ii „. .-- ,..., 4 ,, ?it, -iir 'IIIIII • - ,,, . , 4 , 3-. $ IIIL .., 4 ...1t...2 .... __- - ......... 1 ;,............ ,......-1.-- _ . , ..._ ,. . i !! r..*:*-- , - -- ,- - 1 II 2 , v./ . . . ,... -, . ,,. 4111P ' ..s.4" , 1111114 -.4.; 'Tkz, James B. Richards,Jr. & Linda Champion-Richards Agenda Item 4 Page 6 Disclosure Statement Disclosure Statement Agri3 cm,of rwtfo amnh Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name James B.Richards,Jr.&Linda Champion-Richards Does the applicant have a representative? I Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? L Yes X No • If yes.list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2 3101. _"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2 3101. 1I James B. Richards,Jr. & Linda Champion-Richards Agenda Item 4 Page 7 Disclosure Statement Disclosure Statement 1/13 r5ry o/V,gw m!teach Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I® No • if yes,what is the name of the official or employee and what is the nature of the interest? 'Note:Mr.Richards is a retired engineer who did work for the City Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the financial institutions providing the service. Wells Fargo Bank,N.A. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes • No • if yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service 5. Is there any other pending or proposed purchaser of the subject property?0 Yes • No • If yes,identify the purchaser and purchaser's service providers. 2i James B. Richards,Jr. & Linda Champion-Richards Agenda Item 4 Page 8 Disclosure Statement Disclosure Statement ol „,,,o W Planning&Community Development . --_ .. 110.6— 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?Ili Yes ❑No • If yes,identify the company and individual providing the service. Jeff Leonard,Jeff Inc. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑ No • If yes,identify the firm and individual providing the service. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?in Yes 0 No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. �'7 nt.d !tv�1.. afly/nr. . 1(f r}r.JI licant Signature James B.Richards,Jr. Linda Champion-Richards Print Name and Title August `j ,2021 Date is the applicant also the owner of the subject property? ■Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prim to any Planning Commission and City Council meeting that pertains to the applications IS] oLNo changes as of Date 11/23/2021. Signature • Print Name Marchelle L. Coleman 31 James B. Richards,Jr. & Linda Champion-Richards Agenda Item 4 Page 9 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. James B. Richards,Jr. &Linda Champion-Richards Agenda Item 4 Page 10 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item #4 James B. Richards, Jr& Linda Champion-Richards [Applicant & Property Owner] Street Closure Adjacent Address: 7.5 foot by 50 foot portion of an unimproved alley adjacent to 733 Vanderbilt Avenue RECOMMENDED FOR APPROVAL— CONSENT Jack Wall: Perfect. All right. Thank you. The next item on the Consent Agenda is agenda item number four, James B. Richards and Linda Champion Richards for Street Closure at 733 Vanderbilt Avenue. Is there a representative for this item? Eddie Bourdon: Thank you. Commissioner Wall, Chairman, members of the Commission for the record, Eddie Bourdon, Virginia Beach attorney representing the Richards family. And we appreciate this application being on the Consent Agenda. All the conditions recommended by staff are accepted. Okay, thank you. Jack Wall: Is there any opposition for the side to be placed on the Consent Agenda? Hearing none. We've asked Ms. Oliver to read this into the record. Dee Oliver: Thank you. The applicants here are requesting to close a portion of the platted and unnamed and unimproved alley that is adjacent to their rear lot of address 733 Vanderbilt Avenue. The proposal includes closure of half of the 15 foot wide alley. And then that's totally 375 square feet. To incorporate that into their land in adjacent residential lot. The site is developed consistent with the other residential lots in the Croatan neighborhood with single family homes and fenced in backyards. And currently the area proposed to be closed as fenced in and has been used and maintained by the applicant. Staff recommends approval. There is no opposition to this item and therefore Planning Commission has put it on the Consent Agenda. Michael Inman: Sorry. David Weiner: 1 Oh yes sir, Mr Inman. Michael Inman: I need to make a disclosure pursuant to the state and local government conflicts of interest act in that these following agenda items have been financed or maybe financed by Towne Bank. That is number nine, Winner's property, 13, Atlantic Development Associates, 16, James D. White. Some of these will come up later in this meeting. As such I have made this disclosure. I serve on the Advisory Board for Towne Bank, which makes no loan decisions. And I believe I can participate fairly and objectively in the public interest. And I will vote on these items. David Weiner: Mr. Redmond. Dave Redmond: Mr. Chairman, I'd like to make a disclosure of my own. I have a letter on file with the City Attorney's office. I have a client in the travel industry and some time ago I disclosed pursuant to the Conflicts of Interest Act that Mike just mentioned. I am unable to vote on either individual applications for short term rentals or for any ordinances that apply to short term rentals. So when I vote on these yeah, on these consent items, I am excluding the short term rental application from my vote. Thank you. Sounds good. Jack Wall: Mr. Graham, Whitney Graham: I, like Mr. Inman, am making a statement, in accordance with state and local government Conflict of Interest Declaration the following items that are on the agenda. Number nine, Winner's properties, LLC. Number 13, Atlantic Development Associates, and number 16, James D. White Revocable Living Trust. I serve on an Advisory Board at Towne Bank, which makes no loan decisions. And I believe I can participate in this transaction fairly, objectively and in the public's best interests. I intend to participate in the vote. David Weiner: Okay. Thank you anymore? All right. We have a motion by Mr. Wall and second by Mr. Horsley, for the Consent Agenda. Madam Clerk: 2 The vote is open. By recorded vote of 11 in favor, zero against agenda items two, three, four, five, 11, 13 and 15 have been recommended for approval. By recorded vote of 10 in favor, zero against with one abstention, agenda item number 16 has been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 ...__ il 1.0___ , \ C-]'___---- ' 0 \ \ OCD \ * -- \---'-\-- Will0 L go �, i,, R-10 ,,, , . c-D, Q V , ,,, 7\,-•ii:, 0- _--_-_-_ -3a0 C , 15 u : � � R 10� R10 R10 0 cp N c c 01', '' Z ' \ 1, '‘ Il ,,,, I's '1",' °‘ - - 1\\ CD \ft C-3 0 - I \, Q �ue \4 - ° \ , naA� � 1 _----cii)-----ar)jr:ca-en�__- pv \R\10 .., ---_-:-- %, ----- - Al2 cv� aril a�a� ..-- ' ),, _ \ \ r-- ,. ;- R 1-0 '" _R10 � , v______ - R10 co,. R 1_ , k \ ' , / / 0 \ -- , 1 \\ ili o \ , 1/4 The Ashe Revocable Trust W'4Y Property Polygons 7.5-foot by 50-foot portion of an unimproved s 1. Zoning alley adjacent to 729 Vanderbilt Avenue Building cclimpipFeet 0 2040 80 120 160 200 240 re":1, '( z r,i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Michael I. Ashe and Mitzi S. Ashe, Co- Trustees of The Ashe Revocable Trust, dated November 10, 2015 for the Closure of One-half of an Unimproved Unnamed Alley Adjacent to the Rear of 729 Vanderbilt Avenue in Croatan MEETING DATE: December 14, 2021 • Background: Michael I. Ashe and Mitzi S. Ashe, Co-Trustees of The Ashe Revocable Trust, dated November 10, 2015, (the "Applicant") requested the closure of approximately 375 square feet of an unimproved, unnamed alley (the "Right-of- Way") adjacent to the rear of their property located at 729 Vanderbilt Avenue (GPIN 2426-38-5180), for the purpose of incorporating the closed area into their adjoining property. • Considerations: This street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been approved within the Croatan neighborhood. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the request. • Recommendation: On November 10, 2021, the Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council, with the following conditions, except Condition 1 has been modified to include the specific purchase price: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. It has been determined that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. Michael I. Ashe and Mitzi S. Ashe, Co-Trustees of The Ashe Revocable Trust, dated November 10, 2015 Page 2 of 2 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of- Way this approval shall be considered null and void. ■ Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statement Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 20 City Manager:fk0 1 ORDINANCE APPROVING APPLICATION 2 OF MICHAEL I. ASHE AND MITZI S. ASHE, 3 CO-TRUSTEES OF THE ASHE 4 REVOCABLE TRUST, DATED NOVEMBER 5 10, 2015, FOR THE CLOSURE OF ONE- 6 HALF OF AN UNIMPROVED UNNAMED 7 ALLEY ADJACENT TO THE REAR OF 729 8 VANDERBILT AVENUE IN CROATAN 9 10 WHEREAS, Michael I. Ashe and Mitzi S. Ashe, Co-Trustees of The Ashe 11 Revocable Trust, dated November 10, 2015 (the "Applicant") applied to the Council of 12 the City of Virginia Beach, Virginia, to have the hereinafter described portion of an 13 unimproved, unnamed right-of-way discontinued, closed, and vacated; and 14 15 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 16 discontinued, closed, and vacated, subject to certain conditions having been met on or 17 before one (1) year from City Council's adoption of this Ordinance. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 SECTION I 23 24 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 25 Way") be discontinued, closed and vacated, subject to certain conditions being met on 26 or before one (1) year from City Council's adoption of this ordinance: 27 28 ALL THAT certain piece or parcel of land situate, lying and 29 being in the City of Virginia Beach, Virginia, designated and 30 described as "AREA OF PROPOSED STREET CLOSURE 31 (375 SQ. FT. OR 0.009 ACRES)" and shown as the hatched 32 area on that certain street closure exhibit entitled: "STREET 33 CLOSURE EXHIBIT OF THE EASTERN 7.5 FEET OF 15' 34 ALLEY (A PUBLIC R/W) LOT 13; BLOCK 16 CROATAN 35 BEACH (M.B. 24, PG. 37) VIRGINIA BEACH, VIRGINIA", 36 Scale: 1" = 20', dated August 23, 2021, prepared by WPL, a 37 copy of which is attached hereto as Exhibit A. 38 39 SECTION II 40 41 The following conditions must be met on or before one (1) year from City 42 Council's adoption of this ordinance: 43 44 1. The City Attorney's Office will make the final determination regarding 45 ownership of the underlying fee. The purchase price to be paid to the City shall be 46 determined according to the "Policy Regarding Purchase of City's Interest in Streets 47 48 No GPIN Assigned (City Right-of-Way) 49 Adjacent GPIN: 2426-38-5180 50 Pursuant to Street Closures", approved by City Council. It has been determined that the 51 purchase price to be paid to the City shall be $3,000, which is consistent with similar 52 street closures in this area. 53 54 2. The Applicant shall resubdivide the property and vacate the internal lot 55 lines to incorporate the Right-of-Way into the adjoining lot. The resubdivision plat must 56 be submitted and approved for recordation prior to the final street closure approval. 57 Said plat shall include the dedication of a public drainage easement over the Right-of- 58 Way to the City of Virginia Beach, subject to the approval of the Department of Public 59 Works, and the City Attorney's Office, which easement shall include a right of 60 reasonable ingress and egress. 61 62 3. The Applicant shall verify that no private utilities exist within the Right-of- 63 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 64 company must be provided. 65 66 4. Closure of the Right-of-Way shall be contingent upon compliance with the 67 above-stated conditions within 365 days of approval by City Council. If the conditions 68 noted above are not accomplished and the final plat is not approved for recordation 69 within one (1) year of City Council approval, said approval shall be considered null and 70 void. 71 72 SECTION III 73 74 1. If the preceding conditions are not fulfilled on or before December 13, 75 2022, this Ordinance will be deemed null and void without further action by the City 76 Council. 77 78 2. If all conditions are met on or before December 13, 2022, the date of final 79 closure is the date the street closure ordinance is recorded by the City Attorney. 80 81 3. In the event the City of Virginia Beach has any interest in the underlying 82 fee, the City Manager or his designee is authorized to execute whatever documents, if 83 any, that may be requested to convey such interest, provided said documents are 84 approved by the City Attorney's Office. 85 86 SECTION IV 87 88 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 89 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 90 VIRGINIA BEACH (as "Grantor") and MICHAEL I. ASHE AND MITZI S. ASHE, CO- 91 TRUSTEES OF THE ASHE REVOCABLE TRUST, DATED NOVEMBER 10, 2015 92 (collectively, as Grantee"). 93 94 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 95 of . 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )--- Planning epart'ment City Attorney CA 15403 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d029\p039\00767240.doc R-1 December 2, 2021 LOT 2 1 LOT 3 1 LOT 4 (M.B. 24, PG. 37) I (M.B. 24, PG. 37) I (M.B. 24, PG. 37) GPIN: 2426-38-4062 i GPIN: 2426-38-4057 i GPIN: 2426-38-4124 ,Lr 0p N o4.14'1s" W 50' 15' ALLEY i �� ,oy ' ` (M.B. 24, PG 37) 1'J�r� <N 04.14'151 W 50' r�4. (uMMPROIED) RIC ARNER A> N 04'14'15" W 50' Lic. . 2904 e 08/23/2021 44,, BLOCK -q) suRNI> 0 16 o 0 4,Efiy,0 AREA OF M.B BAN SpURc, PROPOSED 21' PG E STREET CLOSURE rN 2 37J (375 SQ. FT OR "� 0.009 ACRES) ec c LOT 12 LOT 14 o (M.B. 24, PG. 37) (M.B. 24, PG. 37) Z '�11 N GPIN: 2426-38-507 LOT 13 GPIN: 2426-38-5123 JGPINtr) : 2426-38-5180 h N. C(: WZ Z4 (xi rt cis ,i i. 50'--.1 L1 50' 93�� 0N — S 04'14'15" E NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT—OF—WAY CLOSURE VANDERB/L T A VENUE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) AND IS NOT INTENDED (80' RR/W) FOR ANY OTHER THAN GENERAL REFERENCE. (FORMERLY PACIFIC AVENU 2. A TITLE REPORT HAS NOT BEEN PROVIDED (MAP BOOK 24, PAGE 37 FOR THIS PROPERTY. --- STREET CLOSURE EXHIBIT _ OF OF _ _ - - T15 E ALLEY (A PUBLIC TERN 7.5FEER/1P) - __ _ = LOT 13; BLOCK 16 CROATAN BEACH iml (M.B. 24, PG. 37) Landscape Architecture Land Surveyu 9 VIRGINIA BEACH, VIRGINIA Cim1 Engineering SHEET 1 OF 1 wte con, 757.431.1041 2kt W5GM16114 SIE 8 YFf1M�31:112i{52 SCALE: 1"=20' AUGUST 23, 2021 CAD/chk: BKM/eag CITY OF VIRGINIA BEACH, VA I F.B. 1074 PG.74 l PLAT: C-84 I IN:221-0233 Applicant & Property Owner The Ashe Revocable Trust Agenda Item Planning Commission Public Hearing November 10, 2021 f` City Council Election District Beach 5 City of Virginia Beach Request Street Closure Staff Recommendation Approval r a�a r; . C yo `o Staff Planner Cron Road S`� d Marchelle Coleman e ; eo4„�coo�;� Location osa 7.5-foot by 50-foot portion of an unimproved ...H""°',�e N alley adjacent to 729 Vanderbilt Avenue ' q 12 Adjacent GPIN 1 2426385180 ti Site Size ( \ 375 square feet IP es' a" Road Less than 65 dB DNL R�°a "�e Watershed Atlantic Ocean Existing Land Use and Zoning District -`""N`°° ' . 1'" — 1 Single-family dwelling/R-10 Residential c.,' • ' - ,.or Surrounding Land Uses and Zoning Districts 't4.. , "". =- t North . �� " .,,..�,,_ ,. a Single-family dwelling/ R-10 Residential �.0, . South -.. c n +. 4 .. .'vim.-sa'iMc .. Single-family dwelling/ R-10 Residential - -� �� -1East r - Vanderbilt Avenue "' „Y e" "" ` Single-family dwelling/ R-10 Residential �.-r .A .." ,N 'Ilk West i4 :'` N . 2 or Surfside Avenue Single-family dwelling/ R-10 Residential t + ? ' ` ..-, .. - The Ashe Revocable Trust Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant is requesting to close a portion of the platted, unnamed, and unimproved alley that is adjacent to the rear lot line of 729 Vanderbilt Avenue.As shown on the submitted street closure exhibit,the proposal includes closure of half of the 15-foot wide alley,totaling 375 square feet,and incorporating that land into their adjacent residential lot, identified as Lot 13, Block 16,Croatan Beach. • The site is developed consistent with other residential lots in the Croatan neighborhood with a single-family home and a fenced-in back yard. Currently,the area proposed to be closed is fenced-in and has been used and maintained by the applicant. Zoning History # Request • 1 STC(Portion of 15-foot wide alley)Approved 06/01/2021 2 STC(Portion of 15-foot wide alley)Approved +� +` g 05/22/2007 F ++ �'¢ R = ; 3 STC(Portion of 15-foot wide alley)Approved 05/27/2008 1` • +,+, -• 4 STC(Portion of 15-foot wide alley)Approved A 11/25/2008 5 STC(Portion of 15-foot wide alley)Approved • 05/22/2012 in Msr��• Q 6 STC(Portion of 15-foot wide alley)Approved 02/22/2011 • t • R10•. R: 7 STC(Portion of 15-foot wide alley)Approved _, ' 10/26/2004 4 �1 + 8 STC(Portion of 15-foot wide alley)Approved `1 •. ,t 02/27/2007 9 STC(Portion of 15-foot wide alley)Approved 03/01/2016 Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation As required by City Code,a Viewers' Meeting was held on September 27,2021,that included City Staff from the Departments of Public Works, Public Utilities, Planning&Community Development, and the Office of the City Attorney, to consider this request.The Viewers determined that the proposed closure will not result in any public inconvenience; therefore,closure of this portion of the right-of-way is deemed acceptable. As evident on the Zoning History map above, many similar requests have been reviewed and approved by City Council for closure of alleys within the Croatan neighborhood. Consistent with many of those approvals, Condition 2 is recommended below whereby the City of Virginia Beach will retain a public drainage easement over the closed portion of the alley in the event that the property is required in the future for drainage of public water. Based on the considerations above,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. The Ashe Revocable Trust Agenda Item 5 Page 2 Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval.Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach,subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist,easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.There does not appear to be significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,October 24, 2021 and October 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 25, 2021. The Ashe Revocable Trust Agenda Item 5 Page 3 • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on November 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 28, 2021 and December 5, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 29, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on December 10, 2021. The Ashe Revocable Trust Agenda Item 5 Page 4 Proposed Site Layout LOT 2 I LOT 3 I LOT 4 (M.B. 24, PG. 37) I (M.B. 24, PG. 37) I (M.B. 24, PG. 37) GPIN: 2426 38 4062 i GPIN: 2426 38 4057 I GPIN: 2426-38-4124 TH Op yf AI 04'14'15- W 50' 0� ALLEY .� a. jZ� - ?' (M.B. 24, PG. 37) • RIC ARNER►-' l' >1 N04'14'15'W 50' (UNIMPROVED) Lic. 2904 N 04'14'15* W 50' 08/13/2021 Ak. BLOCK 14.4 SURN°o $ .2 16 AREA OF �' �'ye��7.0, P�oRce. PROPOSED STREET CLOSURE 2* • `j�J (375 SQ. FT. OR 0.009 ACRES) et LOT 12 LOT 14 a. 0 ' N.B. 24, PG. 37) (M.B. 24, PG. 37) ` N GPIN: 2426 38 50753 LOT 13 GPIN: 2426-38-5123 JLli cd 4 GPIN: 2426-38-5180 Lai ft. In It W e e= � o °p co to c 5 Z 50' 50' e �� e�l� S 04'14'15' E NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE VANDERBIL T AVENUE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENTS) AND IS NOT INTENDED (80' R/W) FOR ANY OTHER THAN GENERAL RtfLHENCE. (FORMERLY PACIFIC AIVENUU 2. A TITLE REPORT HAS NOT BEEN PROVIDED (MAP BOOK 24, PAGE 37 FOR THIS PROPERTY. STREET CLOSURE EXHIBIT OF -A _ THE EASTERN 7.5 FEET OF 15' ALLEY (A PUBLIC R/W) LOT 13; BLOCK 10 CROATAN BEACH (M.B. 24, PG. 37) umunrErrog.vcrat•ctur• VIRGINIA BEACH, VIRGINIA OA Engineering � �ta4� SHEET 1 OF 1 ritallanL II WN�l M t!@ SCALE: 1"=20' AUGUST 23, 2021 CLD/ohk:BKM/eag CITY OF VIRGINIA BEACH. VA IF.B.1074 PG.74 IPIAT:C-84 1JN:221-0233 The Ashe Revocable Trust Agenda Item 5 Page 5 Site Photos ._ c. popp t• ' _ - • , c -r- ---- .•- I ---. ,.. '.: . , gr••, -!IOW , • 4," - . 1 ,, -- 4 i ''i - , 0\. _, ; . , ,.. I I , ,--- ' -— . ....:,, __ _ . . . - 7:. I „edit--Tre-------i ' . , +- _,- •-4- . wv-- - _ $44 „Alf, 'iii; 7.•,•4_,1414? • ;..,. .. - 4-, tf ,5),%-.774falk lite ' 401 zek - ".,. a. - -- The Ashe Revocable Trust Agenda Item 5 Page 6 Disclosure Statement Disclosure Statement of Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name The Ashe Revocable Trust,dated November 10,2015 Does the applicant have a representative? •Yes ❑ No • If yes,list the name of the representative R.Edward Bourdon,Jr.,Esq. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? II Yes 0 No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Michael I.Ashe and Mitzi S.Ashe,Trustees • If yes,list the businesses that have a parent•subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,lii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. it The Ashe Revocable Trust Agenda Item 5 Page 7 Disclosure Statement Disclosure Statement av Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ■No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. toes the applicant have any existing financing(mortgage,deeds of trust,crass-collateralitation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to he operated on the property? ❑Yes ■No • I'yes,identify the financial institutions providing the service. 2 Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes • No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ■No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes II No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes IN No • If yes,identify the purchaser and purchaser's service providers. 21 The Ashe Revocable Trust Agenda Item 5 Page 8 Disclosure Statement ti � I• •4,r.4 , '_ 1 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes t No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?II Yes 0 No • If yes,identify the firm and individual providing the service. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?I■Yes 0 No • If yes,identify the firm and Individual providing the service. R.Edward Bourdon,1r.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. The Ashe Revocable r dated J vember 10,2015 Fty,/ ,4 ,�;z j 1 ,4LA i'14 Qom--,, A- :2 Applicant Signature Michael I.Ashe,Trustee Mitzi S.Ashe,Trustee Print Name and Title August 3 1 ,2021 Date Is the applicant also the owner of the subject property? ■Yes E No • If yes,you do not need to fill out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications El No shares as of bits I 1/23/202 1 Signature 1 Print Name Marchelle L. Coleman Revised 11.09.2020 Wage The Ashe Revocable Trust Agenda Item 5 Page 9 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. The Ashe Revocable Trust Agenda Item 5 Page 10 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 5 The Ashe Revocable Trust [Applicant] Michael I & Mitzi S. Ashe [Property Owners} Street Closure Adjacent address: 7.5 foot by 50 foot portion of an unimproved alley adjacent to 729 Vanderbilt Avenue RECOMMENDED FOR APPROVAL— CONSENT Jack Wall: Thank you. The next item on the Consent Agenda is agenda item number five, the Ashe Revocable trust. And as the applicant, Michael and Mitzi Ashe are the property owners for Street Closure at 729 Vanderbilt Avenue. Is their representative for this item? Eddie Bourdon: Push replay again for the record. Eddie Bourdon, Virginia Beach attorney representing Mr. and Mrs. Ashe and their Trust. Again, all the conditions are acceptable. Appreciate being on the Consent Agenda. Thank you. Jack Wall: Okay, thank you. Is there any opposition for this side to be placed on the Consent Agenda? Hearing none. Ms. Oliver, can you read this into the record? Dee Oliver: I can. This is their next door neighbor, and this applicant is also requesting to close a portion of the platted and unnamed an unimproved alley that is adjacent to their rear lot on 729 Vanderbilt avenue. This proposal includes closure of half of the 15 foot wide alley, totally in 375 square feet and incorporating that land into their adjacent residential lot. This site is developed consistent with the other residential lots in the Croatan neighborhood with a single family home and a fenced in backyard. And currently the proposed area is fenced in and has been used and maintained by the applicant. The staff has recommended approval and there are no opposition to this. So the Planning Commission has put it on the Consent Agenda. Michael Inman: Sorry. David Weiner: 1 Oh yes sir, Mr Inman. Michael Inman: I need to make a disclosure pursuant to the state and local government conflicts of interest act in that these following agenda items have been financed or maybe financed by Towne Bank. That is number nine, Winner's property, 13, Atlantic Development Associates, 16, James D. White. Some of these will come up later in this meeting. As such I have made this disclosure. I serve on the Advisory Board for Towne Bank, which makes no loan decisions. And I believe I can participate fairly and objectively in the public interest. And I will vote on these items. David Weiner: Mr. Redmond. Dave Redmond: Mr. Chairman, I'd like to make a disclosure of my own. I have a letter on file with the City Attorney's office. I have a client in the travel industry and some time ago I disclosed pursuant to the Conflicts of Interest Act that Mike just mentioned. I am unable to vote on either individual applications for short term rentals or for any ordinances that apply to short term rentals. So when I vote on these yeah, on these consent items, I am excluding the short term rental application from my vote. Thank you. Sounds good. Jack Wall: Mr. Graham, Whitney Graham: I, like Mr. Inman, am making a statement, in accordance with state and local government Conflict of Interest Declaration the following items that are on the agenda. Number nine, Winner's properties, LLC. Number 13, Atlantic Development Associates, and number 16, James D. White Revocable Living Trust. I serve on an Advisory Board at Towne Bank, which makes no loan decisions. And I believe I can participate in this transaction fairly, objectively and in the public's best interests. I intend to participate in the vote. David Weiner: Okay. Thank you anymore? All right. We have a motion by Mr. Wall and second by Mr. Horsley, for the Consent Agenda. Madam Clerk: The vote is open. By recorded vote of 11 in favor, zero against agenda items two, three, four, five, 11, 13 and 15 have been recommended for approval. By recorded vote of 10 in favor, zero against with one abstention, agenda item number 16 has been recommended for approval. 2 AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 3 m lb WIN .�—— m OD \ / . --, 74/ . LID0 0 — R1 • a1 CD • O i oo \ Q' ° o O. 0 4 �� N al :),, Street ' AI peg �\ 9e, a LCD N et Lo \ 0Q N Q / Kri\ O�C.. `�a \ i < 1 j' N p �Q (' U cv 11.,., / - .. c& (.917\(11,- „ ca• 0 1/4, 4 (1.:? < N --i;Ti.:2 _ up co cl o0 cp to ..., 3 rto e afrrk i t�` hadgdud .. �73ti �QX \`\\ 4 v1 �' C t J 4 'vVA\\��\ , O. i' 41 \ \a rim! 2, q. \\ as Q MI'I 0 ,� ` . q VIt6104110 (g 4--t, Tg, Pm, CD, %*11, bi i �� 7 '1> I ,it . , 1/2,,! b:� �Y,c as c co•c,'r' „v �7 a' q0 I,�i ci. 1 m l r c Zi r "drab poo O o 'c V o40 + 0. , 13 -1] .›3,, i? Q - .Z fl O £7 , �o1a CI' 17 t � fJ4 O a �' ,^ Vi apbffP ` 7 a 'Q� . ,7 - z .ia o Q Q. _Q G'pc1PQ Q. S ..may` (f } CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VB HOLDINGS, LLC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Senior Housing) for the property located at 608 Dam Neck Road (GPIN 2425266489). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: December 14, 2021 • Background: This is a request for a Modification of Conditions to remove a portion of the property associated with an existing Conditional Use Permit for a retirement community, Atlantic Shores, approved by City Council on March 24, 1998. The Conditional Use Permit was later modified in December 2001 which left the remaining 64 units reserved for this 93-acre portion of the site, known as Parcel A-2. Parcel A-2 was never developed, and the applicant is seeking to develop Parcel A-2 with a 92-unit townhome community. To do so, the applicant under separate cover has applied for a Conditional Rezoning to rezone the property from AG-1, AG-2 Agricultural Districts and R-10 Residential District to Conditional A-12 Apartment. This modification request removes the Senior Housing Conditional Use Permit and the restriction related to age on this Parcel, Parcel A-2. • Considerations: In Staff's view and Planning Commission concurred, the proposal to modify the boundaries of the existing Conditional Use Permit of the Atlantic Shores retirement community in order to construct dwellings on this site without regard to age of the occupants is acceptable. The applicant's request to develop the site with a 92-unit community is deemed appropriate and consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area and is discussed in a subsequent application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There were five speakers in attendance at the Planning Commission hearing, one in support and four in opposition, but more specifically to the rezoning request submitted under separate cover. Those opposed to the accompanying application noted concerns related to traffic, protection for natural wildlife habitat, mitigation of stormwater impacts upstream and downstream, and the private sanitary sewer line that serves the neighboring community to the east. VB Holdings, LLC Page 2 of 2 • Recommendation: On November 10, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 10-0, with 1 abstention. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department (-K-/ City Manager: }�1 Applicant & Property Owner VB Holdings, LLC Agenda Item Planning Commission Public Hearing November 10, 2021 City Council Election District Princess Anne 7 City of Virginia Beach Request Modification of Conditions Staff Recommendation iF Approval t { Sis O Staff Planner F , ,�, Marchelle Coleman 1 *s. S u,�, Read g Road `y Location ti 608 Dam Neck Road GPIN Dann Nrck Roan 2425266489 °� Q O L Site Size '�' n 93.07 acres °w $ 1- 9 AICUZ �` ,o`"V ` " `"" 65-70 dB DNL;Sub-Area 2 a a,,' flora,, 3 SO.° Watershed j o••"`f F,ge1a4°`pc PST"' (i o tT` Southern Rivers Existing Land Use and Zoning District Undeveloped lot/AG-1&AG-2 Agricultural Qe •ekA` Surrounding Land Uses and Zoning Districts North , . , i i!gtRedwing Lake , _. Vf South ' Dam Neck Road i Single-family dwellings,woods/R-20 " . tf Residential,AG-1&AG-2 Agricultural : , East '� < ,-c - tt+ . ,, �; a,` , Senior housing development/R-5D Residential, j, =` ' 1-#'' AG-2 Agricultural West t:; _s. Multi-family dwellings, NAS Dam Neck/ <t Conditional A-24 Apartment,AG-1 Agricultural l: VB Holdings, LLC Agenda Item 7 Page 1 Background & Summary of Proposal • On March 24, 1998,a Conditional Use Permit was granted by City Council for a retirement community for up to 760 units on 194.66 acres zoned AG-1&AG-2 Agricultural Districts and R-10 Residential District. • The Conditional Use Permit was later modified in December 2001 which designated 696 units on the property's western 101-acre parcel, Parcel A-1.The remaining 64 units were reserved for the eastern 93-acre portion of the site, later known as Parcel A-2. • In 2007, Parcel A-1 was developed with the Atlantic Shores retirement community; however, Parcel A-2 was never developed. In 2008,Atlantic Shores conveyed Parcel A-2 to the applicant subject to a restrictive covenant that expressly prohibited any age-restricted residential use on Parcel A-2. • The applicant is now seeking to develop Parcel A-2 with a 92-unit townhome community without regard to the age of the occupants.A Conditional Rezoning application from AG-1&AG-2 Agricultural and R-10 Residential Districts to Conditional A-12 Apartment District as well as a modification to the Conditional Use Permit to remove any restriction related to age, hence removal of the Conditional Use Permit for Senior Housing from Parcel A-2, have been submitted.The rezoning request has been submitted under separate cover by Atlantic Development Associates, LLC,while this report solely addresses the modification of the 2001 Conditional Use Permit. Zoning History # Request 1 REZ(AG-2 to R-6)Approved 07/13/1997 MOD(Retirement Community)Approved 12/18/2001 2 REZ(AG-1 to R-8)Approved 09/16/1985 REZ(AG-2 to R-8)Approved 09/16/1985 tet • ' \ �° < 3 CRZ(AG-1/AG-2 to Conditional A-24)Approved •' � .,� `�' 05/24/2005 10 w+ , 4 CRZ(AG-2 to Conditional R-5D)Approved 02/16/2021 SVR Approved 06/27/1995 ifiritl. /� " 5 CRZ(B-1A to Conditional R-20)Approved 11/24/1998 REZ(B-1A to R-20)Approved 06/27/1995 �� A CRZ(R-5D(PD-H2)to Conditional B-1A)Approved 02/09/1993 • r :ii r/,mom,��qp, i} 6 CRZ(AG-2 to Conditional R-5S)Approved 08/23/2011 I . 7 REZ(AG-2 to R-6)Approved 12/16/1985 • 8 LUP(Ocean Lakes)Approved 04/12/1985 9 MOD Approved 03/24/1998 }c vt K ,. 4 ,cam l MOD Approved 08/27/1990 , !, ,. 1 CUP(Retired Community)Approved 03/12/1990 ' t r / REZ(AG-1/AG-2 to R-5)Approved 07/13/1987 10 FVR Approved 08/10/2004 11 MOD(Outdoor Recreation Facility, Paintball Park,&Zip Line Course)Approved 06/20/2017 MOD(Outdoor Recreation Facility)Approved 02/25/2014 CUP (Campground)Approved 05/12/1969 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance VB Holdings, LLC Agenda Item 7 Page 2 Evaluation & Recommendation The request for a Modification of Conditions to remove Parcel A-2 from the Conditional Use Permit for a Retirement Community and hence any restriction on age of occupants in Staff's opinion is acceptable. The request to modify the Conditional Use Permit to remove the 93.07-acre site (Parcel A-2)from the property covered by the Conditional Use Permit in order to ultimately develop the site with a 92-unit townhome community is deemed appropriate and consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. Based on these considerations, Staff recommends approval of this modification of conditions request. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to surrounding uses. (pp.1-59 to 1-68) Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.There does not appear to be any significant natural or cultural resources associated with this site. Public Utility Impacts Water The site must connect to city water with a single water service and master meter to serve all proposed units. There is an existing 12-inch City water main along Dam Neck Road. Sewer City gravity sewer is not directly available to the site. Gravity sewer must be extended from an existing manhole located approximately 250-feet west of the parcel. There is an existing two-inch City sanitary sewer force amin along Dam Neck Road. Public Outreach Information Planning Commission • The applicant reported that they met with the Atlantic Shores Retirement Community to the west of the site, and no objections were raised. The applicant has been in communication with the townhouse community to the west of the site, in an effort to set up a meeting(if requested)to discuss the proposal. If a meeting date is determined,the applicant will inform Staff. VB Holdings, LLC Agenda Item 7 Page 3 • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 11,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,October 24, 2021 and October 31,2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 25, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on November 4,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 28, 2021 and December 5, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 29, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/citv-clerk/citv-council/Documents/BookmarkedAgenda.pdf on December 10, 2021. VB Holdings, LLC Agenda Item 7 Page 4 Site Photos r + f A. • • • R r t ,, .vet rtilzett "414i1.?I'litc:=.1 ; ,4r."r.:7 I - - r . e. VB Holdings, LLC Agenda Item 7 Page 5 Disclosure Statement Disclosure Statement \33 M410 as Bench Planning&Community Development e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name V8 Holdings,LLC,a Delaware limited liability company Does the applicant have a representative? MI Yes ❑No • If yes,list the name of the representative, R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?IL Yes 0 No • If yes,list the names of ail officers,directors,members,trustees,etc.below. (Attach a list if necessary) National Electrical Benefit Funds,its Managing Member by National Reai Estate Advisors,LLC,its Authorized Agent,Jeffery J. Kanne,President&CEO. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or asses;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11Page VB Holdings, LLC Agenda Item 7 Page 6 Disclosure Statement Disclosure Statement rpbrinia Bead: Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,Identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the real estate broker/realtor. Robert Thornton,Thalhimer 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes II No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?IN Yes ❑No • If yes,identify the purchaser and purchaser's service providers. Atlantic Development Associates,LLC 2JPage VB Holdings, LLC Agenda Item 7 Page 7 Disclosure Statement Disclosure Statement s Planning 3c Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IE No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?1k Yes 0 NO • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand tnat, upon-eceipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or comm ee in onnection with this application. Applicant Signature 01// Jeffrey J.Kanne fe 9SIL0,4 C Will t 4(..GALUWE/kOvilci`/ oti k fe1 Print Name and Title V 4 UADINGSIl,lC Nodt;4pi yt 5,luio Date Is the applicant also the owner of the subject property? j• Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications N°diaegesa°f Fla 11/23/2021 n°.°`" PrintN••x . ---- ------------- arc e l e o eman_ f 31Page VB Holdings, LLC Agenda Item 7 Page 8 Disclosure Statement Disclosure Statement $iudt Planning&Community • Development Owner Disclosure Owner Name Same as Applicant Applicant Name VB Holdings,LLC,a Delaware limited liability company Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?l!Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) National Electrical Benefit Funds,its Managing Member by National Real Estate Advisors,LLC its Authorized Agent,Jeffrey J. Janne,President&CEO • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I l No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner in one entity is also a controlling owner it the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantia ly the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5 ) Page VB Holdings, LLC Agenda Item 7 Page 9 Disclosure Statement Disclosure Statement alty•f Vingi,fie Beach Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the app ication or any business operating or to be operated on the property? ❑Yes No • If yes,identify the financal institutions. 2. Does the Owner have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ®Yes ❑No • If yes,identify the real estate broker/realtor. Robert Thonrton,Thalhimer 3. Does the Owner have services for accounting and/or preparation of tax returns proviced in connection with the subject of the application or any business operating or to be operated on the property?0 Yes II% No • If yes,Identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?$ Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Atlantic Development Associates,LLC 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the construction contractor. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the engineer/surveyor/agent. 6 I rr g VB Holdings, LLC Agenda Item 7 Page 10 Disclosure Statement Disclosure Statement cvy/ ems Planning&Community '- „ Development 8. Is the Owner receiving legal services it connection with the subject of the app ication or any business operating or to be operated on the property?IF Yes ❑No • If yes,identify the name of the attorney or firm providing legal services. Leslie R.Watson,Esq.,Wolcott Rivers Gates Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate, I understard that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ..-471"///) Ctwner Signature i �� Jeffrey 1.Kanne Pa IZ.100^1. krl (Co 114-11of,K ,1(k(t3r*rg,A-pvu,lt/ Print Name and Title V ON 6414,f(WF vs IA,L,tii iS, LLC IV6veyAs Art 5,10/P Date 7IP,-, , VB Holdings, LLC Agenda Item 7 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. VB Holdings, LLC Agenda Item 7 Page 12 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 7 VB Holdings, LLC [Applicant & Property Owner] Modification of Conditions 608 Dam Neck Road RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Our next item is agenda item number seven, VB Holdings, LLC. An application for Modification of Conditions on property located at 608 Dam Neck Road in the Princess Anne District. David Weiner: Hold on for a second, Mr. Bourdon. Eddie Bourdon: Can we do them together? I don't... David Weiner: We have to vote on them separately. Eddie Bourdon: We should hear them together. You can vote separately. Madam Clerk: Okay. Along with agenda item number seven, we'll be hearing agenda item number eight, Atlantic Associates, LLC, an application for a Conditional Rezoning, AG-1 and AG-2 Agricultural, and R-10 Residential District, to Conditional A-12 Apartment District, to construct 92 units at a density of approximately 1.2 units per acre, on property located at 580 and 608 Dam Neck Road in the Princess Anne District. Eddie Bourdon: All right. Thank you, Mr. Chairman. For the record, Eddie Bourdon, and I'm going to speak on both seven and eight. I'll start to give the background on seven and then we'll move into eight. But I want to start by saying that the esteemed Les Watson, actually represents VB Holdings and has been involved in this assemblage for close to two years. He represents the piece, that's 1 the subject of this Modification of Conditions application. This was a portion of the original Atlantic Shores property, which had a Conditional Use Permit on it, to develop a large number of age restricted dwellings. And we filed an application, or I filed on behalf of the applicant at number eight, the application to Conditionally Rezone, Ms. Huertas's property, which is a little over four acres, directly across from Bold Ruler, and the intersection at Dam Neck Road, two and a half years ago. And then, working with Les Watson and Bob Thornton, the realtor who represented or represents VB Holdings, we were able to add that in his assemblage and then started down this still long trek. Eddie Bourdon: The property here is 93 acres that VB Holdings owns, which under the very old CUP for Atlantic Shores, could have been developed with 64 age restricted units on it. And those units would undoubtedly, have been located on other parts of this developable acreage, as there are 55 plus acres of developable land on this total property. And most of it is on the Virginia Beach Holdings property. The principles of Virginia Beach Holdings were a part of Atlantic Shores from the beginning of that project. And when it was determined that the demand and this is my understanding, the demand wasn't sufficient to justify continuing with this additional part of Atlantic Shores, this property was conveyed to them. And I think they were a prime financier of Atlantic Shores to start with. When that was done, when this property was conveyed to VB Holdings, it was entitled to 64 age restricted units under the old conditional use permit. Eddie Bourdon: And so we're asking to amend that use permit to take that restriction off. And quite frankly, I don't think that has a thing to do with this. And I don't think that was actually, or is actually legally required. It's a Conditional Rezoning on the whole piece of property, but it wasn't worth getting into a fuss with the staff about, almost two years ago. So, we'll file it. But I don't really think that it's legally necessary when you're conditionally rezoning the entire piece of property. So, that's the reason we're here. The conveyance from Atlantic Shores, to VB Holdings, actually had a private deed restriction in the deed that precludes it from being developed as age restricted property, so we're consistent with that. Eddie Bourdon: When the negotiations took place two years ago, basically started, Mr. Watson was in direct contact with the management of Atlantic Shores and briefed them. And they were all on board with it. Now we've come to find out today that the management has completely changed and under new management, and new Board of Directors. Ann Crenshaw came down today and I have agreed we will go out and have a meeting with their Board and brief them on all of this, and absolutely believe that they will be in complete accord with it. Because, it's consistent all the way across the board. And it's less impactful of them and of the environment. So that's number one, number seven, excuse me, number eight. All right. So, first of I want to thank Marchelle Coleman and Carolyn Smith, and the Planning Director for having worked on this, which I think 2 is a great project, and just want to get that out of the way, because they have been patient, as have my clients. Eddie Bourdon: So we've got 97 acres on this assemblage, and with the proposed conditional rezoning only seven and a half acres will be developed. And that leaves over 89 and one half acres, all forested area to remain undeveloped. The project has one intersection, signalize intersection entrance across from Bold Ruler. The project is leaving over 46 and a half acres of developable land, untouched, and will remain forested. All together, it's 89, almost 90 acres of forested land that remains forested, and nowhere does my client get any credit for that. And that's something that has to change. State code allows, and I'm on the Green Ribbon Committee and we're pushing the City needs to, adopt the ability that these forested areas, large forested areas should get credit, as a BMP. We ran the city's model eight times, my clients, eight times, very expensive. Eddie Bourdon: Every time it showed no impact, one one-hundredth of an inch or less impact. We kept having to run the model and run the model, because it had to be perfect. What we wound up doing, and I just found this out, and I've been told this and I believe it's true, but I just heard this, today... David Weiner: Can you just hold for a second? Eddie Bourdon: Yeah. David Weiner: If that's not perfect, what is? Eddie Bourdon: It's not perfect in the eyes of our storm water model. David Weiner: Okay. Eddie Bourdon: And this is the part I, I just heard this today. And, I hope it's not true, but I was told today that the model treats wetlands, upland non-tidal wetlands, that aren't in a flood plain, as a hundred percent impervious surface. We had to expand the BMP, into some areas that were upland non- 3 tidal wetlands. And it actually helps. Took down, had to take down trees to do it, it actually helps under the model. Eddie Bourdon: There's no credit given under this model, for preserving wetland areas with vegetation and trees. That's absurd if that's, if that's in fact true. And I think it is, but somebody else can correct me. That's insane, utterly insane. It's taken us a year and a half to get more than that to get here, running these models to help perfect the models. And, some of the development community is perfectly happy to try to help, but at some point, some common sense has to come into play. So, we're all on the same page and we're all trying to get to the same point and it's not, trying to, but that's the reality. And, there is no credit for all this forested area, which everyone knows is a huge, huge plus. Eddie Bourdon: And it's better to have that forested area than to chop the trees down, and dig a hole and put water in it. You're doing more damage, in my view by doing that. But even so, I don't want to get off the seven and a half acres out of 97 acres. And, so we put the development in the best place to make the least impact, the least amount of impervious surface, the shorter roads, the whole shooting match. And we've done that from day one. So just to be clear, we didn't start out trying to develop a whole lot more. We started out with this and it's still taken a very long time to get here. So just want you to understand that. And, we're glad to be here, and we're not trying, we don't want to sound like we're upset, but it's got to, and it is, I think it will get better, but it's.. Eddie Bourdon: So anyway, and on the Virginia Beach development piece, there are 62 units out of the 92, the other 30 are on Ms. Huerta's piece, it's all one development. It's all mandatory membership, condo association and pool clubhouse. All the storm water, other than on the apron at the road on Dam Neck Road, that little apron will go into the ditches on Dam Neck road. All the other stormwater goes into the BMP and then out and through, most of its sheet flow through the woods. But it all goes to Redwing Lake, which is to the north of the property. None of our stormwater goes east again, other than, whatever might be on the apron on Dam Neck Road, and it has its own pump station. It doesn't have any, none of the effluent goes to the pump station that serves Fieldstone Glen, which is a thousand feet, something like that, to the east of this property. They're not contiguous at all. Eddie Bourdon: There's a lot of the wooded area we're preserving between us and them. It's a part of this property, but not the development. If you look at the big, if we get the big picture map up there. Okay. Yeah. See Fieldstone Glen is to the right of the purple area, the developable area, and the stuff that's white, that's totally out of any environmental flood plain. They're way down there. None of our water goes down there. None of our effluent goes down there and we're a long, long way from them. And all this other area remains preserved. We have 33 guest parking 4 spaces, all but 12 units have two car garages, and two parking spaces. And then there's the 33, there are 12 units with a one car garage, two onsite, two spaces outside the garage. Eddie Bourdon: And again, all that extra parking. So, we won't have people that'll need to park on somewhere else because there's no contiguous parking available. So, Staff recommended approval of this application. I don't think there's any hesitation on their part in recommending approval of it. I don't think we could have done this in a more, or my clients couldn't have done this in a more environmental way. And we have patiently, sometimes not so patiently, their lawyer, wasn't always as patient as they were, on going through this modelling over and over and over again. But we know we're not going to have any impact and that's even doubled down, because no credit whatsoever for all that forested area, that's going to remain forested area. Be happy to answer any questions. And, I will be meeting with the Board at Atlantic Shores, as soon as we can set something up before this goes to City Council, but we are not the least bit concerned that, that's going to be a problem. Because, the previous board and previous owners were, all on board with it. It makes perfectly good senses, David Weiner: Just an FYI. I'm putting this on our agenda for our next Green Ribbon Committee, we're going to discuss this. Eddie Bourdon: Well, I think we discussed it on the last one. David Weiner: We're going to get more in depth. Eddie Bourdon: But it needs to happen, it needs to happen. And if the model truly treats all forested wetland areas as impervious surface, that needs to change. David Weiner: Okay. Question Jack? Jack Wall: It's a pretty small impact compared to that, almost a hundred acres parcel, and then the remaining piece, but the only thing in there that preserves it, you're mentioning that it's going to stay undeveloped, is there's a proffer in here from what I can see, which proffers can be changed in the future. There's nothing that new zoning, or anything that's... 5 Eddie Bourdon: Can't change, unless it comes back through this process Jack Wall: Through the process, right?And it would have to come back to the room, which... David Redmond: You'd have to change the storm water model. Hmm. Oh, then you have to change the right. Jack Wall: You'd have to change the storm water model too. Eddie Bourdon: Well. Right. I don't have an answer. We've proffered, this is exactly, this is all that can happen on the site. So I think that, if we don't want to get crazy, if there's some type of an infestation in the forest and some trees have to come down to save the rest of the trees, but... no one's saying Jack Wall: No one's saying that. There's nothing permanently preserving that, it's just currently proffered. That this is the site plan and I'm just making a statement. It's not, it could be developed in the future. Eddie Bourdon: Well, I don't want anybody to take what I said, earlier, The City of Virginia Beach is on the right track, for our long term future, the bond referendum, and making sure that we are not flooding. So, all I'm trying to do is suggest there are ways to make that model better. I'm not saying we get rid of it and we start tearing down the trees and building more on this property. I'm not saying that at all. And I know you're not either. Jack Wall: Okay. Thank you. David Weiner: We have speakers? Madam Clerk: We have speakers. 6 David Weiner: Okay. Eddie Bourdon: Thank you. Madam Clerk: Ann Crenshaw, followed by Jennifer Dolhite. Anne Crenshaw: Good afternoon, Ann Crenshaw. I'm a member of Kaufman and Canoles law firm, serves as general counsel to Atlantic Shores. And I have had conversations with both Mr. Watson and with Mr. Bourdon. This was the first I saw the plans today, but I think it's not going to be a problem at all. And I appreciate their willingness to come out and meet with the Administration and, and the Board. David Weiner: Great. Ann Crenshaw: Thank you. David Weiner: Thank you. Any questions? Thank you. Ma'am Madam Clerk: Jennifer Dolehite followed by Michelle Zellers. David Weiner: Welcome. Jennifer Dolehite: Hi, thank you. Good afternoon. Good afternoon Chairman and the Planning Commission. My name is Jennifer Dolehite, and I am from the Fieldstone Glen community and have resided there since 2007. I was elected in September to the position of President of our Board of Directors. And we have others in attendance from both the present and prior board of directors, who carry a depth much greater than I do of the city matters. And I hope that they have had a chance to speak with you or to provide you their opinions as well. I want to express my 7 appreciation to you, for conducting a thorough staff report, addressing our city's concerns. And I also wanted to let you know that the developer, for 580 and 608 Dam Neck Road, contacted our Association Manager, who coordinated a virtual meeting for the Board of Directors to ask questions about the proposed development. Jennifer Dolehite: I would've preferred an opportunity for our community to meet in person with the developer and ask each of their independent questions, but then they also have the opportunity to do that at this event for the Planning Commission as well. The developer has provided a well thought out community for a family-oriented, townhome, condominium community for larger in number of homes. Though it is larger in number of homes and acreage to our community. Likewise, is close to military bases, schools and parks. The buildings and the materials in the staff report are appealing. In layman terms, I have questions that remain unanswered for our community, after chatting with the developers. So I'm just going to provide you those questions at this time. Has the developer met the requirements to protect the environment, particularly where the natural habitat, including snakes and Bald Eagles, will remain undisturbed? Jennifer Dolehite: The second question is, what does the city or developer plan show, regarding utilities and sewage, and how will that be mitigated properly, so as not to adversely impact our community of Fieldstone Glenn? We do also have a federal government property connecting to our community. And our community has been there approximately 15 years now. And so things may have changed a little bit from that time to now, as far as the plan and development in our area. What mitigation efforts have been studied, or are provided to ensure the water flow upstream and downstream from the proposed, will not increase the already increased saturation levels from the surrounding bodies of the water and marsh into our community? Not only from the west, but north and easterly sides due to the... Jennifer Dolehite: I don't know if the visual is up there, showing the water bodies, but it feeds into the Redwing Lake. And then I think it's Tecumseh, and then there's a feeder for Dam Neck that goes along the easterly side as well, between us and the base. Jennifer Dolhite: What is the capacity for the current utility lines and sewage? And if it is not sufficient, what are the city's mitigation plans? And another concern relates to the traffic patterns. Traffic related to the NAS Dam Neck annex, already backing up past the light at Bold Ruler. And outbound traffic speeds at 45 miles per hour, make entering and exiting Fieldstone Glen community challenging. This speed coming out of the base, and with an anticipated change in the traffic like pattern, can cause difficulty entering and exiting the community. And do you have any mitigation plans to assist us in road safety, when considering this? I thank you, at this time, for your consideration 8 of our community in the planning proposal. And that's all of the questions that I have at this time for you. David Weiner: Thank you ma'am. We have any questions? The applicant's representative has written down what you said, so I'm sure he is going to address it when he comes back up here, okay? Jennifer Dolehite: All right. Thank you sir. Madam Clerk: Michelle Zellers, followed by Buck Heffernan. David Weiner: Welcome. Michelle Zellers: Good afternoon, Mr. Chairman, members of the Planning Commission. My name is Michelle Zellers. Everybody keeps talking about the military service. So I've got,just short of 23 years. I retired from the Air Force, and moved to Virginia Beach. I've got three main issues I want to cover very briefly. Of course, the first one is that it's approximately 97 acres. They talk about building on seven and a half. In the evaluation recommendation, it talks about 1.2 buildings or units per acre. That's a little misleading since they're only building on seven and a half acres, so that really comes out to 12.26 units per acre, when you're looking at density. The next issue, to be a little repetitive with Jennifer, is they talk about 674 average daily trips adding to the congestion on Dam Neck, as she indicated, this doesn't take into consideration, the amount of traffic that passes through there Monday through Friday, going at least Monday through Friday, primarily. Those days, going to the base at the end of the road, you have to go through that intersection at Bold Ruler and Dam Neck to get on the base. Michelle Zellers: There are no alternatives to get around that. So, when you look at page five and traffic impacts, I think you really need to adjust that up, significantly. If you look at installations.militaryonesource.mil, it says that there are over 5,600 instructors, students, and support personnel on Dam Neck. A number of those students don't commute daily, I understand that, but the instructors and support personnel, supporting 12 tenant commands on that installation do. The last and final issue I bring to your attention, is that Virginia Beach, as you well know, item one that was just discussed, talks about the flood mitigation referendum, $567.5 million. This part of Dam Neck has not had any flooding issues. A big part of that is the flood zone protections and so forth, all the vegetation that is located in that area. 9 Michelle Zellers: Page six under storm water impacts, the very bottom of the page, says that the proposed conceptual storm water management strategy has the potential to successfully comply with storm water requirements. Well, everybody has a lot of potential whether you actually meet that potential or not is another question, as Mr. Inman says, it's really important to get this right. You said that with regard to the first item on the agenda,thank you for your attention. And again, I just bring those issues to you for your consideration. Thank you. David Weiner: Thank you. You have any questions? Thank you. Ma'am Speaker 24: Buck Heffernan, followed by Peter Vankeren. Buck Heffernan: Excuse me. I have no intention to speak. David Weiner: Oh, thank you. Madam Clerk: Sorry, who was that? David Weiner: What was your name sir? Buck Heffernan: Buck. Madam Clerk: Okay. David Weiner: Okay, Peter, Come on up. Peter VanKeren: 10 Good afternoon, commissioners. Peter Vankeren. I'm a resident at the Fieldstone Glenn development, and I'm also a member of the homeowners' association Board of Directors. And the Board of Directors has not taken a position on this development, either in support or objecting to it. And so, but we did encourage the residents of our community to contact you individually and to provide either, their support or objection. We do have concerns, and the reason I'm speaking to you now is just some of the concerns, and some have been addressed. Very compelling presentation by the applicant's representative in terms of storm water. And it's the seems like a lot of the concerns there for storm water and for the wetlands and everything has been met. So, I won't really get much into that. Peter VanKeren: A primary concern that we have though is we are, in the report it does talk about a private utility line, the waste line. And so that line, that we own, runs the length of Dam Neck, and it will be in the frontage area of the development. So, we're concerned that during construction, what could happen in terms of damage, to that wastewater or the, I'm sorry, the sanitary sewer line, not sure if it's possible. So, when they start developing their construction plans and their site development, whether precautions can be taken, I certainly would like to see when they do, do their construction plans, that a sanitary sewer line is on their construction plans. That they are compelled to put that on their plans, so that when they do the construction, they won't damage that line. Peter VanKeren: Apparently in the past, there has been some incidents where that sanitary sewer line had been damaged by, or at least we suspect, it had damaged by other construction that had occurred in that area. And then, because it's a private line, it's an expense to us. And so, we definitely would like to make sure that that is identified in future plans for construction, once this has been approved and everything. I also was told, I would have 10 minutes since I'm representing the homeowners' association. David Weiner: Didn't the young lady, was she the representative? Peter VanKeren: She is the President of the Association, but when we signed up, I had signed up to represent the Association. David Weiner: Okay. Peter VanKeren: 11 But, however you'd like to do it, you're in charge. David Weiner: Go ahead. Peter VanKeren: I am curious. Or, we're curious whether prior to and after construction, again, the sanitary sewer line is something that's very concerning to us during construction. It wasn't identified when we met with a representative for the applicant. Because the site plans and the construction hasn't gone that far, yet, he didn't know whether they were going to try to tap into the city's gravity sewer line or whether they're going to develop their own forced main. Those answers weren't provided to us. They haven't approached us about tapping into our sanitary sewer line. So, we just don't know what the plan is for that. So, as they move forward with that, again, if it's possible, to have that line prior to construction inspected at their expense, to make sure there aren't problems and after construction, if it could be inspected, that would be something that we would ask to be considered. Peter VanKeren: So, I think I've talked enough about the sanitary sewer, but that is a major concern of ours. Another concern would be as construction begins, and there's wildlife habitat clearly in the wooded area, that's there. And we're just concerned that disruption of that habitat would have the wildlife, come into our neighborhood. Whether it's deer, snakes, other types of mammals. And so, if there's a way to guard against that, whether there's a length of where our boundaries, it'd be the boundary between us and them, excluding the military, if maybe a wildlife fence can be put up to guard against wildlife that would be disrupted, and potentially move into our neighborhood. We would ask that the applicant consider that. But other than that, I think the staff report did a great job, outlining a lot of the concerns that could be there. So, thank you very much for your time. David Weiner: Any questions? Yes. Whitney Graham: Yes. I just want to point out a lot of this is really site plan approval and we're really here for land use. Do you have any opposition to the use itself? The residential, going in? Peter VanKeren: I'm not authorized by the board to speak to that. Whitney Graham: 12 You, personally. Speaker 25: As a personal individual, no, I have no opposition to the project. And we understand that this is just an application to change the zoning. In the staff report, where it talked about the next steps, it really didn't outline. So us, as citizens, we don't know when another opportunity would come to address site planning and construction development. Whether they're 30%, 50%. Whitney Graham: Yeah. Development Services Center kind of just takes over, if it makes it through City Council. Peter VanKeren: But yeah, we would definitely appreciate continued contact with the applicants, as this moves through the process. Whitney Graham: Okay. Thank you. Right. Right. Madam Clerk: Mr. Chairman, our final speaker is via Webex. Russell Greggs, if you would wait two to three seconds and then please state your name and begin your comments. Russel Greggs: Yes. My name is Russell Greggs. I am a member of the Fieldstone Glen community. Have a little to say. Different from the other members of the community, along the same lines. A lot of it has to do with construction after the zoning approval. The lawyer representing the company did clear up one question that I had, concerning where they were going to move the sewage to, which would not be on the substation on Dam Neck. The drainage of the property from the use of rezoning, I do have a issue with that, because of the destruction of the wetlands in this area. I've lived here about 10 years in Virginia Beach, but I crawled around in those marshes in the early 70s, doing training out on Dam Neck and it is wetland. As he talks about moving floodwater, or stormwater back toward Red Mill, pumping it north, not east, or any other directions, except the little flow over on Dam Neck Road. Russel Greggs: That is very concerning to me, because anytime it rains over half an hour, you can't play golf for two days over at the Red Wing Golf Course at this point with that. So I just don't believe it to be wise to start removing water in this area that we're at, because as one of the neighbors spoke earlier, unless we get torrential down rains, we have issues withstanding water in the area. 13 Russel Greggs: As a former president of the community, we have had issues with moving water off of the piece of property that we already end developed. So putting anything else here, whether it's 7 acres or 93 acres of development, is not going to have a positive impact on the community, in my belief. To the board, well, I should say the Planning Commission, to your wisdom there, concerning the rush through of this resolution that we just bonded in Virginia Beach, it's the same thing here. I think we really need to slow down and make sure that what is being proposed will actually work from the wetlands and to reserve the habitat of the community of the area. And I want to thank... David Weiner Welcome back, Mr. Bourdon. Eddie Bourdon: Okay. Want to thank everyone for their coming down and commenting and Mr. Greggs for his comments via Zoom. Just maybe we are all assuming people have the same, I guess, level of understanding. We must retain on-site, all of our stormwater, so that we discharge from our BMP on-site into the drainage system that does go through Red Wing Lake, at the same rate that the property is currently discharging into Red Wing Lake. So we cannot increase the amount of water going in there, other than over a long period of time and that's why we've spent over$100,000 running the city, it's the most extensive, restrictive, whatever you want to call it, modeling and ordinance on the Eastern Seaboard, over the last close to two years, so we've been slowed down as a city and as a community and we've been adhered to all of the above. Eddie Bourdon: And that's exactly what's in your recommendation. I'll understand this, is that we will be able to meet the requirements. In fact, we could cut down more trees and put a bigger BMP on the property and be way above the requirements, but we would actually be doing more harm than good in my view, because we're better off leaving the trees, the habitat, because they actually are a BMP for stormwater. The density question, and I do want to go ahead and correct this, when we went to the Navy with this, we believed that there were roughly 60-something acres of developable land. When we finished doing all the environmental, all of the things that we have had to do to identify, it's 55.34 acres of fully developable land, totally forested and treed and that actually yields a density of 1.6 units per acre, instead of 1.2. The Navy has no problem with 1.6 versus 1.2, because it's lower density than anything else out there. Eddie Bourdon: And that's based on the developable land. We didn't base that on the other 40 plus acres of either flood plain or upland nontidal wetlands or true wetlands. And no true wetlands are even being touched and they're just a de minimis amount of upland nontidal wetlands that are being touched, so the stormwater is not an issue. My clients developed Fieldstone Glen, okay? The requirements then were infinitely easier than today and none of this was done back then. They 14 aren't flooding and this isn't going to, in any way, cause them to have any flooding. Traffic on this section of Dam Neck Road is certainly not failing, or anywhere close to failing. Granted, there's a considerable amount of traffic during peak hours. People going to or from Dam Neck, but that's it and the rest of the property out there is not really developable anymore. Eddie Bourdon: So, unless Dam Neck gets a whole lot bigger, there's really not going to be any discernible increase in traffic beyond what you see here, because this also has the Navy circumstance, so there's really no reason to be fearful. The full four-way stoplight will also add to the breaks that Fieldstone would have. They do have a median break, but there's no light there at their entrance. So, my clients did attempt to set up a meeting for a number of weeks. Had some difficulty getting one set up. We have no aversion to meeting with them further. The last thing, we will have a completely separate public force main. We won't be tapping into their private force main, won't be doing anything that will have any impact on their line and obviously if we damage their line in some form or fashion, we're responsible for that. Eddie Bourdon: And as I said, my clients developed Fieldstone and they will be glad to be in communication with them throughout the process, to make sure they understand what's happening and when, but we are not going to do anything that will have any impact on their sewer force main. We're not tapping it, not using it. There's a private force main. This will be a separate public force main, going to the east, towards Atlantic Shores. If you have any other questions, I'd be happy to try to answer them. I tried to answer the things that they raised. I believe I did. David Weiner: Questions, anybody? Eddie Bourdon: Thank you very much. David Weiner: Thank you. All right. No more speakers? Madam Clerk: No more speakers. David Weiner: All right. We're going to close this and open this up. 15 Robyn Klein: I have a question. David Weiner: It's fine. Robyn Klein: I thought that once you were greater and 65 decibels, it was incompatible with residential. David Weiner: That's a staff question. Robyn Klein: Staff. Carolyn Smith: So, it's not quite that simple. It depends. There are sub-areas within the AICUZ and based on what sub-area you are determines your potential to possibly rezone, or even develop your site. So, it's not quite that simple. Robyn Klein: Okay. I'm looking at the AICUZ planning map and it says that residential has to be less than 65, but for an APZ 2, it's conditionally compatible. Carolyn Smith: So, this property is in sub-area two and properties in sub-area two have the potential to develop residential units, subject to certain provisions. And one of those is that the density be what's recommended in the Comprehensive Plan and then that density be similar, but no greater than what is surrounding the property. So, we did an evaluation as to what the other density's worth in this area and it was up to 12.9 units per acre. And so, we felt that this, at 1.6, is that what this is? 1.6 was certainly in line with and certainly less than what's surrounding. Robyn Klein: Sure. Thank you. David Weiner: Mr. Bradley, isn't this your area? 16 David Bradley: You know, I think it's a good project. 7 acres out of what? 97, that are going to be developed. It doesn't seem like the impacts will be much and it is in an area of the city that I think is meant for something like this, so I'd be glad to make a motion, unless there's any questions. David Weiner: Any comment? Any more comments? Michael Inman: Oh, I want to make a comment. David Weiner: Okay. Michael Inman: Coming into this, I actually represent Fieldstone Glen, but I didn't know what position they were going to take. As you can hear from their commentary, that they've not taken a clear position at the moment, but they express concerns. So in an abundance of caution and the conflicts of interest, I guess I'm going to declare one now and I'm going to abstain from any discussion or voting on this application. David Weiner: Okay. Michael Inman: Though I did facilitate the meeting that they did have, one of the members of the applicant contacted me, because I'm a registered agent. And I got in touch with the condo manager and the manager then facilitated with the group and they had the Zoom meeting that was referred to you. David Weiner: Okay. Anybody ready for a motion? Jack Wall: I just want to say it's a fairly small impact, compared to both the land use with the overall site and as well as for the work center. Dam Neck generates quite a few more trips than what the site will, so I think that it's pretty small. 17 David Weiner: Okay. Jack Wall: I support it. David Weiner: So, we need two motions. One for eight, then one for nine. David Bradley: All right. I'll make a motion to approve the modification of the conditions, as summarized on agenda item seven? David Weiner: I'm sorry. Dee Oliver: Eight. It's eight. David Weiner: You're right. Seven and eight. Seven and eight. Yeah. You're right. Whitney Graham: I'll second. David Weiner: So, we have seven first and then eight. Right. Yep. Okay, we have a motion by Mr. Bradley, a second by... David Redmond: Mr. Graham. David Weiner: Mr. Graham. Yeah. It's been one of those days. Madam Clerk: 18 Okay. This first vote is on agenda item number seven. The vote is open. Madam Clerk: By recorded vote of 10 in favor, zero against, with one abstention, agenda item number seven has been recommended for approval. Robyn Klein: Right. Mr. Chair, I'll make a motion to approve the conditional rezoning for application number eight. David Weiner: Okay. We have a motion. Michael Inman: Since the light did not light up for my abstention, I want it on the record that I abstained. David Weiner: Okay. Madam Clerk: I noted in this. I noted it. Michael Inman: Okay. David Weiner: So, we have a motion- Dee Oliver: Second. David Weiner: ... by Mrs. Klein and a second by Mrs. Oliver. Madam Clerk: Okay. Agenda number eight, the vote is open. 19 Dee Oliver: Mr. Horsley is leaving. Madam Clerk: Mr. Horsley, can we have your vote, please. Donald Horsley: I got to go. Madam Clerk: By recorded vote of 10 in favor, zero against, with one abstention, agenda item number eight has been recommended for approval. AYE 10 NAY 0 ABS 1 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman ABSTAIN Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 20 Si ___-- - a u.. a) o LL .0 Ii ,.70 0P,I--i- z f o ZOo 0/ g 3 m o I \ o C0 0 o 0 4�0 lie I Lr) Io ,C3 �� Street ♦♦N^^ Z' 15 V ' I 0 a Aeg < N R7 iLs-) k' ' 'c' ''(‘',; \ • /1/q CD4-0 03 a9 i ` ' N CA as 0 Ce\\CENIksP ,,, ‘1%2 'e? \ ci) (,) in it w w Q 0. Q QTp � Q 0 kg,:u_iiiii Luiu 8 1O r\ ......, ,A1 CD CO 0 �J Q�%;4,4 44 co in"IQgr q Q� p �� }% v O </Er.) 4,,N, ,,,, mei, 044 t27(‘-• r \\ 4.0 s Q p ?i Ce\ o..a low 't rg(x-i-'i 1 So.iA� , Q lobe w, r Q �ce r OW Z v f Q MWi [Le 1,c3.c30 cts �QQ �oQao' 0 o[} o r�ti1 % a=i �, „// c1L�CaPC]O P C Lij i� °4� aO Y p c '� C� fl4 Q • a ; •, �,;n� d:D ? � , N CO C3 1 .�q� Q •• .2 fl 0 ❑ o �- p . Or N 0N N' s~> a ir �� _.� fit,Q% 0 o Vi 4z,0 �� 11bPP,,ar 7 o Q� Q. A pLSp P i? Gi-.n�O cS GNU �sl o 1 ..,e fit,? y CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: ATLANTIC DEVELOPMENT ASSOCIATES, LLC [Applicant] MARTHA FISHER HUERTA, VB HOLDINGS, LLC [Property Owners] Conditional Change of Zoning (AG-1, AG-2 Agricultural Districts & R-10 Residential District to Conditional A-12 Apartment District) for the property located at 580 & 608 Dam Neck Road (GPINs 2425255531, 2425266489). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: December 14, 2021 • Background: The applicant is seeking a conditional rezoning from AG-1, AG-2 Agricultural Districts and R-10 Residential District to Conditional A-12 Apartment District to develop a 92-unit condominium community on a 7.50-acre portion of a 97.11-acre site with a resulting density of 1.66 units per acre. Outside of water, marsh, tidal wetlands, and non-tidal wetlands, there is a total of 55.34 acres of developable land associated with this site and only 7.50 acres are proposed to be developed. There are two existing single-family dwellings on the properties that will be demolished. Of the 97.11 acres, 89.60 acres of the site will remain forested. The proffered concept plan depicts 15, three-story, multi-family buildings; a one- story clubhouse with an outdoor swimming pool; and a stormwater management facility. The buildings will be constructed with an exterior of premium vinyl siding, PVC columns and railings, architectural shingles, with a parge block or brick skirt. The one-story clubhouse will be of similar design and materials as the townhome buildings. One vehicular ingress/egress to the development will be proposed at the intersection of Dam Neck Road and Bold Ruler Road. The development will be creating the fourth leg to the existing signalized intersection. • Considerations: In Staff's view and the Planning Commission concurs, the proposal is consistent with the Comprehensive Plan's vision for the Suburban Area. One of the guiding development principles of the Suburban Area focuses on the creation of "Great Neighborhoods." The predominant land use in the vicinity is residential in a mix of formats — multi-family, single-family, townhomes, etc. The proposed proffers will ensure a high level of predictability in terms of neighborhood layout as well as quality of dwelling design and building materials, all contributing to meeting the vision of the Plan. Atlantic Development Associates, LLC Page 2 of 2 As this property is located within the 65-70 dB DNL (Sub-Area 2), on August 26, 2020, the applicant met with the Joint City-Navy Review Process (JRP) Group and found the proposed density of 1.66 units per acre in compliance with the standards outlined in the Comprehensive Plan for rezoning proposals in Sub-Area 2. The resulting density is lower than most of the existing residential neighborhoods in the vicinity of seven units per acre. Finally, the stormwater strategy has been found to have the potential to successfully comply with the stormwater regulations for the site. Final design and detailed updates will be made during site plan submittal Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There were five speakers in attendance at the Planning Commission public hearing, one in support and four in opposition. Those opposed noted concerns related to traffic, protection for natural wildlife habitat, mitigation of stormwater impacts upstream and downstream, and protection of the private sanitary sewer line that serves the neighboring community to the east. • Recommendation: On November 10, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 10-0, with 1 abstention. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. i Submitting Department/Agency: Planning Department .e-/, 1+0 City Manager: Applicant Atlantic Development Associates, LLC Agenda Item Property Owners Martha Fisher Huerta; VB Holdings, LLC Public Hearing November 10, 2021 ry„r City Council Election District Princess Anne 8 Virginia Beach Request Conditional Rezoning(AG-1 &AG-2 Agricultural District& R-10 Residential to Conditional A-12 Apartment District) Staff Recommendation tea° �;�0,��s Approval 16 A' 1 e \ Staff Planner Raamn9R,ad , 1,4 Marchelle Coleman '4. s Location OW Oriw 580&608 Dam Neck Road Oam Nock Road GPINs q 2425255531, 2425266489 %., 4-q, 1` i � �c Site Size %a 'ate $, x a 97.11 acres ' °"a o� •II. AICUZ fi t '�° ' L I 65-70 dB DNL;Sub-Area 2 Watershed Southern Rivers * Existing Land Use and Zoning District 0at; Undeveloped lot,single-family dwellings/AG-1 - s &AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Y Redwing Lake Q.: South `Y Dam Neck Road 5 Single-family dwellings,woods/R 20RV3tr Or -' 5. ' . c- Residential,AG-2 Agricultural ,i 1 r East 4 r = t. Multi-family dwellings, NAS Dam Neck/ Conditional A-24 Apartment,AG-2 Agricultural - - West Naval Air Station Oceana/AG-1 Agricultural Background & Summary of Proposal • The applicant is requesting a Conditional Rezoning from AG-1,AG-2 Agricultural and R-10 Residential Districts to Conditional A-12 Apartment District to construct a 92-unit residential townhouse condominium community. • The 97.11-acre site is located in close proximity to NAS Oceana Dam Neck Annex and is currently developed with two single-family dwellings. Of the 97 acres,89.60-acres of the site will remain forested and undeveloped with only 7.50-acres of the site proposed for development. • The submitted Conceptual Layout depicts 15 three-story multi-family buildings,a one-story clubhouse with an outdoor swimming pool,and a stormwater management facility. Eighty units will have rear loading,two-car garages and 12 units will have front loading one-car garages. Each unit visible from Dam Neck Road will be rear loading with parking internal to the site. • The building elevations, as depicted on page 11 of this report,will be constructed of premium vinyl siding, PVC columns and railings, architectural shingles,with a parge block or brick skirt.The one-story clubhouse will be of similar design and building materials as the townhome condominium buildings. • As shown on the Conceptual Layout, interior parking lot and building foundation plantings are proposed along with streetscape plantings consisting of canopy trees and evergreen shrubs along Dam Neck Road.The proposed landscaping appears to meet the requirements of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during final site plan review. • Vehicular ingress/egress to the development will be via a proposed signal at the intersection of Dam Neck Road and Bold Ruler Road. • Per Section 203 of the Zoning Ordinance,two spaces per dwelling unit is required. Each unit will have two parking spaces plus either a one or two car garage. In addition to the required parking,there will be 33 guest parking spaces throughout the community, as depicted on the conceptual layout plan. • There is a total of 55.34 acres of developable land on the combined properties that is outside of water, marsh,tidal wetlands,and non-tidal wetlands.The applicant has chosen to minimize impacts on these expansively defined upland, non-tidal wetlands with this plan.The property as currently zoned,AG-1&AG-2 Agricultural and R-10 Residential Districts,was zoned this way to follow the boundary lines for the Floodplain Subject to Special Restrictions in an effort to protect the property.There is a new delineation for the floodplain boundaries and the 92- unit condominium proposal is outside of this floodplain area as shown on the proffered conceptual plan. Atlantic Development Associates, LLC Agenda Item 8 Page 2 Zoning History # Request 1 REZ(AG-2 to R-6)Approved 07/13/1997 MOD(Retirement Community)Approved 12/18/2001 2 REZ(AG-1 to R-8)Approved 09/16/1985 REZ(AG-2 to R-8)Approved 09/16/1985 3 CRZ(AG-1/AG-2 to Conditional A-24)Approved 4 \ \ \' ta \ 05/24/2005 1 TO f 4 CRZ(AG-2 to Conditional R-5D)Approved 02/16/2021 h SVR Approved 06/27/1995 -. /, 5 CRZ(B-1A to Conditional R-20)Approved 11/24/1998 00/ r., % f`\ REZ(B 1A to R 20)Approved 06/27/1995 j i, CRZ(R-5D(PD-H2)to Conditional B-1A)Approved ... 0i s r -, 02/09/1993 } �� f!' � ; t 6 CRZ(AG-2 to Conditional R-5S)Approved 08/23/2011 3`1. *� .!'% jr` r 4_ 7 REZ(AG-2 to R-6)Approved 12/16/1985 ►:. 4�, 1..�.`�-`` t nar8 LUP(Ocean Lakes)Approved 04/12/1985 ,r 4 AG., 9 MOD Approved 03/24/1998 .1, � _ MOD Approved 08/27/1990 f 'f, eac• -------1 - , CUP(Retired Community)Approved 03/12/1990 4" •''.-.1.' - `'.'= AG-1 1 REZ(AG-1/AG-2 to R-5)Approved 07/13/1987 10 FVR Approved 08/10/2004 11 MOD(Outdoor Recreation Facility, Paintball Park, &Zip Line Course)Approved 06/20/2017 MOD(Outdoor Recreation Facility)Approved 02/25/2014 CUP (Campground)Approved 05/12/1969 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This request to rezone the 97.11-acre site from AG-1,AG-2 Agricultural District and R-10 Residential District to Conditional A-12 Apartment District in order to develop 92 condominium townhouse-style units is acceptable. As this property is located within the 65 to 70 dB DNL AICUZ (Sub-Area 2), on August 26, 2020,the applicant met with the Joint City-Navy Review Process (JRP) Group. Section 1804 (c)of the Zoning Ordinance provides regulations that apply to discretionary development applications for residential uses with this AICUZ. After a compatibility review of densities of surrounding properties,the JRP Group found that 7.0 units per acre is the maximum density acceptable for this property and deemed the proposal to be consistent with the recommendations for the Suburban Area, as identified in the Comprehensive Plan. As per the Comprehensive Plan,the Suburban Area focuses on creating and maintaining great neighborhoods. Achieving this goal reflects on the ability for developments to maintain and enhance the existing neighborhood, to be compatible with surroundings, and provide quality and attractive buildings that provide effective buffering and livability. Staff finds that the proposed building design and site layout is attractive and of good quality and deems this proposal consistent with the vision of the Comprehensive Plan. It is the opinion of Staff that the traffic generated by the townhome development will result in 674 average daily trips. Based on the projected number of vehicles generated, only one vehicular ingress/egress will be necessary.The proposed Atlantic Development Associates, LLC Agenda Item 8 Page 3 development will be creating the fourth leg to the existing signalized intersection. The developer will install the fourth signal pole on the southwest corner and any accompanying equipment. By adding the fourth leg at the existing signalized intersection at the entrance of the community along Dam Neck Road,there will be a better flow of traffic with the proposed development. Traffic Engineering Staff will provide more detailed comments during the site plan review process. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the threshold for increases in student population. Based on this,the proposal is not expected to negatively impact the current student enrollment. As recommended by Staff,the applicant submitted a preliminary stormwater management analysis to the Development Services Center(DSC)outlining their proposed stormwater strategy for this site.The DSC has reviewed the preliminary stormwater analysis and based on their findings, is confident that the submitted strategy has the potential to successfully comply with stormwater regulations for this site. Upstream and downstream impacts will be more closely reviewed during site plan review for this project to ensure that negative impacts will not occur upstream and downstream as a result of this development. More detailed information can be found in the Stormwater Impacts section of this report. Based on the considerations above,Staff recommends approval of this request subject to the proffers. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable,"(§107(h)(1)).Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed,the community entrance,streets, landscaping, parking and fencing shall be substantially in accordance with the two (2) exhibits titled "CONCEPTUAL LAYOUT JADEN PLACE TOWNHOMES VIRGINIA BEACH,VIRGINIA"C-1.0 and C-2.0,dated 10/28/2019 and the "OVERALL CONCEPTUAL LAYOUT",dated 10/28/2019, prepared by WPL Engineers,Surveyors and Landscape Architects,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Conceptual Layout"and "Overall Conceptual Layout"). Proffer 2: Vehicular Ingress and Egress shall be via one(1)signalized entrance from Dam Neck Road as depicted on the Conceptual Layout.Any freestanding community identification sign shall be a monument style sign, no more than eight feet(8') in height with a brick or parge block base to match the skirt of the buildings. Proffer 3: When the Property is developed,there will be no more than ninety-two(92) residential townhome condominium units, within fifteen (15) buildings as depicted on the Conceptual Layout. Eighty(80)of the units will have a rear loading two (2)car garage and twelve (12) units will have a front loading one(1)car garage). Proffer 4: When the Property is developed,the residential structures and pool house depicted on the Conceptual Layout shall have the architectural design,features, exterior building materials and colors substantially as depicted and described on the exhibit entitled "ARCHITECTURAL ELEVATIONS—JADEN PLACE TOWNHOMES VIRGNIA BEACH,VIRGINIA", dated 10/28/2019, prepared by WPL Engineers,Surveyors and Landscape Architects,which has been exhibited to the Virginia Atlantic Development Associates, LLC Agenda Item 8 Page 4 Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development ("Elevations"). Proffer 5: When the Property is developed,the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include a restriction prohibiting the rental of any unit for a term of less than thirty (30) days. The Condominium Unit Owners'Association shall be responsible for maintaining all drive aisles, sidewalks, amenities,open spaces, common areas, landscaping, stormwater management facilities and other improvements on the Property as depicted on the Conceptual Layout. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Proffer 6: The Plan for complying with the Grantee's Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary stormwater plan design and strategy for achieving compliance as submitted and preliminary reviewed by staff, unless otherwise approved by the Development Services Center. Proffer 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type,size, intensity, and relationship to surrounding uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.There does not appear to be any significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic i 1 a„ Existing Land Use 2—238 ADT Dam Neck Road 21,540 ADT 39,700 ADT (LOS D") Proposed Land Use 3 674 ADT 'Average Daily Trips 2 as defined by age restricted 3 as defined by 92 townhome 4 LOS=Level of Service residential units condominium units Atlantic Development Associates, LLC Agenda Item 8 Page 5 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dam Neck Road in the vicinity of the site is a four-lane divided major suburban arterial.There are no plans in the current CIP to improve this section of Dam Neck Road.The access for this development will be located within the Dam Neck Road/Bold Ruler Drive signalized intersection.The signalized intersection currently operates well under capacity. Public Utility Impacts Water There is an existing 12-inch City water main on Dam Neck Road.The site must connect to City water. Sewer There is an existing three-inch private sewer force main on Dam Neck Road. City sewer is not directly available to this site.A public gravity sewer system is located approximately 1,250 feet westward along Dam Neck Road and is available for connection. School Impacts School Current Enrollment Capacity Generation'. Change Ocean Lakes Elementary 564 students 626 students 8 students 8 students Corporate Landing Middle 1,170 students 1,322 students 4 students 4 students Ocean Lakes High 2,011 students 2,642 students 7 students 7 students '"Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Stormwater Impacts Project Stormwater Design Staff Summary The project site consists of a 7.5-acre residential development located on a 97.11-acre parcel along the north side of Dam Neck Road between General Booth Boulevard and NAS Oceana Dam Neck Annex. The proposed development is designed to drain into a proposed onsite stormwater management facility(SWMF) before discharging into an existing ditch that leads into Redwing Lake. The proposed SWMF will treat both water quality and water quantity for the site and will consist of a Level II wet pond that will collect runoff from the private development before discharging into an open channel outfall ditch. Portions of the site are located within the FEMA Special Flood Hazard Area (flood zone AE) and Floodplains Subject to Special Restrictions. Minimal impacts to the floodplain are anticipated for this project and will mainly consist of the construction of the proposed wet pond's outfall channel to connect into the existing ditch that discharges into Redwing Lake. Fill within the floodplain is not anticipated for this project. The provided preliminary stormwater management design demonstrates conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5' of sea-level rise(SLR). The City's Stormwater Master Drainage Model was used in the Preliminary Stormwater Analysis and included an offsite analysis to demonstrate that the development will not have a negative impact or increase flooding levels on the existing stormwater system upstream or downstream. Based on the information provided by WPL in the Preliminary Stormwater Analysis,the DSC agrees that the proposed conceptual stormwater management strategy has the potential to successfully comply with the stormwater Atlantic Development Associates, LLC Agenda Item 8 Page 6 requirements. Final design and detailed updates will be made during site plan submittal. More detailed project stormwater information is listed below. Project Information Total project area: 7.5 Acres Pre-Development impervious area: 0 Acres Post-Development impervious area:4.58 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model:Yes Does the analysis incorporate into design increased rainfall amounts(NOAA plus 20%) and account for 1.5' SLR:Yes Stormwater Management Facility Design Information Type of facility proposed: Level II Wet Pond Total storage volume provided in proposed stormwater management facility: 70,200 cf. Description of outfall: Runoff is proposed to leave the site from the proposed wet pond and into a proposed outfall channel that will discharge into an existing ditch that drains into Redwing Lake. Downstream conveyance path: Drainage from Redwing Lake is part of the Dam Neck drainage basin which drains into Lake Tecumseh and into Back Bay. Back Bay drains through the Currituck Sound and ultimately out into the Atlantic Ocean. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required: 8.54 lb/yr Method of treatment proposed: 7.59 lb/yr will be removed with a Level II wet pond and the remaining 0.95 lb/yr will be purchased through offsite nutrient credits. Stormwater Quantity Compliance Design Information Channel protection: Provided stormwater model demonstrates non-erosive velocities of stormwater discharge. Flood protection:Attenuation of peak flow rates with no increase in flooding for 10-year storm in all evaluated stormwater structures upstream and downstream. 100-Year storm evaluation: Stormwater modeling demonstrates project meets requirement of no increase in flooding for 100-year storm in all evaluated structures upstream and downstream. Sea-Level Rise: Project evaluated, and stormwater modeling demonstrates proposed buildings will not be impacted by stormwater during 100-year(including 1.5' SLR) storm event. Public Outreach Information Planning Commission • The applicant reported that they met with the Atlantic Shores Retirement Community to the west of the site, and no objections were raised.The applicant has been in communication with the townhouse community to the east of the site, and met with them through a zoom call and no objections were raised. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on October 11, 2021. Atlantic Development Associates, LLC Agenda Item 8 Page 7 • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,October 24, 2021 and October 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 25,2021. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on November 4,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 28,2021 and December 5, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 29,2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on December 10, 2021. Atlantic Development Associates, LLC Agenda Item 8 Page 8 0 13 ZONING WA TABLES 5 BfII{Y F s A8.11:11'E 5 I/5IW'E 's 5J,775•F 0 12074 mow. Ian' 52,55' MOLL LOT NO 0 Iff/4I'f NO7S1f'E 1 f.A IT!!'f N 01I51ING IOIINO Mt fT' IIRY' • \ IW3• A uV LAKE' S A7ID70'[ 0'D6',$y7•w� a(30 rn I (x.) 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O _ --- Li-.14 w Q o ix Q Y"` Z Z =-1 U r, r q Z Z ik Q �tA�, : m Q ci i ¢O '`A 9 i J O O CC .� � �' + Z J Q W — 1:1 * W r CC lCC lIiiii 4 i% 0 av Y a Atlantic Development Associates, LLC Agenda Item 8 Page 11 Proposed Roof & Siding Color Palettes LANDMARK' TL COLOR PALETTE 4 r ''-i,--' 1-4-Al :: ;,. _. ig , .: Gl.3;i_J._ Mountain Tmber .... r (F isr 1�_ .. LBlackShenarOolh Max Def Black Walnut 4 :-.. ... -L., Sol ris Country G.y Sol ric Moirt Black Solari,platinum TITAN MASTIC SIDING THE EXTERIOR SOLUTION FOR Color. EXTERIORS COLORS The possibilities are endless.The beauty is timeless +un�..>�.. MOM MOWN aov mown ♦t y_.��. M+ tvt a�Rtfw auss c 6Eo ammo.,Daly icae.Ba0"2C 0.1O"1+N.SUEDE •••• D E S I G N E C Mm U U EXTERIOR - nt, studio Explore the possibilities With our visualizer tool, you can apply different 1 `mac`"D`r'n combinations of colors and products to see w�crea s+"o+oNe how they look.Bring ocsca.s..w your vision to life at mastic.com/getstarted. ALMOND cIAIND CREAM LINEN CAM° SO'WHIM(MOWN 0.0ir) no WWI eoWi SLOW, . -TITAN MASTIC EXTERIORS Atlantic Development Associates, LLC Agenda Item 8 Page 12 Site Photos r a. ea t ,• YY .» i Atlantic Development Associates, LLC Agenda Item 8 Page 13 Site Photos . -r n : , Amok. - . ., -*a..ifr • . + - , . ,:rlr ro y . _ +', t -P a' * , 4f 'i.4fT .. r:y.�4. —16-ilk t " s f'S. M„ ` '�' <� �1a _ g,"l �Y`'!• „ __ S fir. • - • . t Z t �a I • ,fir r. s If Atlantic Development Associates, LLC Agenda Item 8 Page 14 Disclosure Statement 1.1/4B Virginia Beach APPLICANT'S NAME Atlantic Development Associates, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and CM Council meetin,that pertains to the appllcation(s). NJ APPLICANT NOTIFIED OF HEARING _ DATE: 1/23/2021_ y/�/ jsw, NO CHANGES AS OF DATE: �/^ l:1 REVISIONS SUBMITTED DATE: Atlantic Development Associates, LLC Agenda Item 8 Page 15 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Atlantic Development Associates If an LLC,list all member's names: Brian C. Large,Sole Member/Manager If a CORPORATION,list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 ♦ • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if pronertv,owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name:VB Holdings,LLC If an LLC,list the member's names:National Electrical Benefit Funds,its Managing Member by National Real Page 2 of 7 Atlantic Development Associates, LLC Agenda Item 8 Page 16 Disclosure Statement Virginia Beath Estate Advisors, LLC,its Authorized Agent,Jeffrey J. Kanne, President&CEO If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 "Affiliated business entityrelationship" means 'a relationship, other than p, parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership Interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Atlantic Development Associates, LLC Agenda Item 8 Page 17 Disclosure Statement 'NB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n n Accounting and/or preparer of your tax return I)< n Architect/Landscape Architect/ Progressive Design;WPL Land Planner Contract Purchaser(if other than n n the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I I Ix' purchaser of the subject property LJ �I (identify purchaser(s)and purchaser's service providers) XConstruction Contractors Atlantic Development Associates, LLC ZEl Engineers/Surveyors/Agents WPL Financing(include current TBD(potentially TowneBank or Truist) X 7 mortgage holders and lenders I I selected or being considered to provide financing for acquisition or construction of the property) Z. n Legal Services Sykes, Bourdon,Ahern&Levy,P.0 Real Estate Brokers/ ❑ Z Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have x an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Atlantic Development Associates, LLC Agenda Item 8 Page 18 Disclosure Statement • VB Virginia Beach •CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. tlantic D LLC Brian C.Large,Manager (81311� V: AP I PRINT NAME —_ DFTE 1 u Page 5 of 7 Atlantic Development Associates, LLC Agenda Item 8 Page 19 Disclosure Statement Ni3 OWNER Virginia Beach [YES NO I SERVICE PROVIDER(use additional sheets if naltde I I X❑ Accounting and/or preparer of your tax return I I IXI Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than AIL the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed I�I purchaser of the subject property I I (Identify purchaser(s)and purchaser's service providers) _ Construction Contractors Engineers/Surveyors/Agents Financing(include current 7 mortgage holders and lenders _ . selected or being considered to provide financing for acquisition or construction of the property) X n . Legal Services Leslie R.Watson,Esq. Real Estate Brokers/ Robert Thornton,Thalhimer 1XI I I Agents/Realtors for current and anticipated future sales of the sub ect •ro'• 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development UX contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Atlantic Development Associates, LLC Agenda Item 8 Page 20 Disclosure Statement 13�d Virginia Beach l'. _ CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applisatto __ _ / Jeffrey J. Kanne ilbo PROPERTY URE PRINT NAME DATE Page 7 of 7 Atlantic Development Associates, LLC Agenda Item 8 Page 21 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets it needed) Accounting and/or preparer of �'`I your tax return UX Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 1-7 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) IJ ® Construction Contractors 7Engineers/Surveyors/Agents Financing(include current i I XI mortgage holders and lenders u �j selected or being considered to provide financing for acquisition or construction of the property) CIn Legal Services Jon M Ahern, Esq Real Estate Brokers/ Edward Denton,Denton Realty Agents/Realtors for current and Company anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development hI contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Atlantic Development Associates, LLC Agenda Item 8 Page 22 Disclosure Statement vagina/teach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. �aa�r Mary Fisher Huerta -7 Y;d 1s4 7 `i.d: dcA-,Ja. 7.,r-.61 lei Pape 7 of 7 Atlantic Development Associates, LLC Agenda Item 8 Page 23 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Atlantic Development Associates, LLC Agenda Item 8 Page 24 ATLANTIC DEVELOPMENT ASSOCIATES, LLC,a Virginia limited liability company MARY FISHER HUERTA VB HOLDINGS,LLC,a Delaware limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31St day of July, 2020, by and between ATLANTIC DEVELOPMENT ASSOCIATES, LLC, a Virginia limited liability company, party of the first part, Grantor; MARY FISHER HUERTA, party of the second part, Grantor; VB HOLDINGS, LLC, a Delaware limited liability company,party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: • WHEREAS, the party of the second part is the owner of a parcel of land located in the Princess Anne District of the City of Virginia Beach, containing approximately 4.042 acres as more particularly described as "Parcel One" in Exhibit "A" attached hereto and incorporated herein by reference. Said parcel along with Parcel Two as described in Exhibit "A" are herein collectively referred to as the"Property";and WHEREAS, the party of the third part is the owner of a parcel of land located in the Princess Anne District of the City of Virginia Beach, containing approximately 93.072 acres as more particularly described as "Parcel Two" in Exhibit "A" attached hereto and incorporated herein by reference. Said parcel along with Parcel One as described in Exhibit "A" are herein collectively referred to as the"Property"; and GPIN: 2425-25-5531-0000 2425-26-6489-0000 Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite S00 Virginia Beach,Virginia 23462 WHEREAS,the party of the first part, as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-10 Residential District and AG-1 and AG-2 Agricultural Districts and R-10 Residential District to Conditional A-12 Apartment District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS,the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors'rezoning application gives rise; and WHEREAS,the Grantors have voluntarily proffered, in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-12 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors,personal representatives,assigns, grantee,and other successors in interest or title: 1. When the Property is developed, the community entrance, streets, landscaping, parking and fencing shall be substantially in accordance with the two (2) exhibits titled 2 "CONCEPTUAL LAYOUT JADEN PLACE TOWNHOMES VIRGINIA BEACH,VIRGINIA" C-1.0 and C- 2.0, dated 10/28/2019 and the "OVERALL CONCEPTUAL LAYOUT", dated 10/28/2019, prepared by WPL Engineers,Surveyors and Landscape Architects,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Conceptual Layout"and "Overall Conceptual Layout"). 2. Vehicular Ingress and Egress shall be via one (1) signalized entrance from Dam Neck Road as depicted on the Conceptual Layout. Any freestanding community identification sign shall be a monument style sign, no more than eight feet (8') in height with a brick or parge block base to match the skirt of the buildings. 3. When the Property is developed, there will be no more than ninety-two (92) residential townhome condominium units, within fifteen (15) buildings as depicted on the Conceptual Layout. Eighty(80) of the units will have a rear loading two (2) car garage and twelve (12) units will have a front loading one (1) car garage. 4. When the Property is developed, the residential structures and pool house depicted on the Conceptual Layout shall have the architectural design,features,exterior building materials and colors substantially as depicted and described on the exhibit entitled "ARCHITECTURAL ELEVATIONS - JADEN PLACE TOWNHOMES VIRGINIA BEACH, VIRGINIA", dated 10/28/2019,prepared by WPL Engineers,Surveyors and Landscape Architects,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning&Community Development ("Elevations"). 5. When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include a restriction prohibiting the rental of any unit for a term of less than thirty (30) days. The Condominium Unit Owners'Association shall be responsible for maintaining all drive aisles, sidewalks, amenities, open spaces, common areas, landscaping, stormwater management facilities and other improvements on the Property as depicted on the Conceptual Layout. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 6. The plan for complying with the Grantee's Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary stormwater plan design and strategy for achieving compliance as submitted and preliminarily reviewed by staff,unless otherwise approved by the Development Services Center. 3 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the A-12 Apartment District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order,in writing,that any noncompliance with such conditions be remedied,and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages,or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 4 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: Atlantic Development sociates, LLC, a Virginia limited liability company By: (SEAL) Howar . ykes,Jr.,Authorized Agent STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 3rd day of August, 2020, by Howard R. Sykes, Jr., Authorized Agent for Atlantic Development Associates, LLC, a Virginia limited liability company,Grantor. AW111( 1\t—) kr-& Notary Public My Commission Expires: August 31, 2022 ivi,tUTAT. Notary Registration Number:192628 C.ay.:2$ .317 1,4414.4 4>_,O4r WITNESS the following signature and seal: Grantor: Y 2J HALL (SEAT.) Mary Fisher Huerta STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this l (41 day of L,SuS+ 2020,by Mary Fisher Huerta,Grantor. Notary Public My Commission Expires: 1 o '7 / o v a / r�"""t,n, Notary Registration Number:—4- (`7 S`1Iv .`'PZL,,.....!��'. 41 pp: �,�� ;Zt 3; % ','•,;,�i ni0O-,`` 6 WITNESS the following signature and seal: Grantor: VB Holdings,LLC,a Delaware limited liability company By: National Electrical Benefits Funds, its Managing Member by National Real Estate Advisors, LLC, its Autho 410) By: _` /f/PAI (SEAL) J -7rVi.ie,President&CEO /7 STATE OIL "ci-`� C lw�•+bCa- $S C[TY/EALINTY.IIE., ,to-wit: The foregoing instrument was acknowledged before me this I L day of August,2020,by Jeffrey J. Kanne, President and CEO of National Real Estate Advisors, LLC, Authorized Agent of National Electrical Benefits Funds, Managing Member of VB Holdings, LLC, a Delaware limited liability company,Grantor. fitsidA41.112,A„c it_et..A.(0 Notary Public My Commission Expires: IO($i f 24?c) Notary Registration Number: ti/R— a,H►N a U qp,I ��....�pSE 104�'' vn: E Yp ,';v io-31-20 ` OF CAL 7 EXHIBIT "A" Parcel One: ALL THAT certain lot,piece or parcel of land,situate in the City of Virginia Beach,State of Virginia, being known, numbered and designated as Parcel A-2, 4.0402 Acres, on the plat entitled "Resubdivision of Property of A.R. Myers D.B. 200, P. 235, D.B. 1043, P. 424 and Parcel A Survey of Property of James A. Beasley,Jr. &Robert R.Beasley, M.B. 181 p. 27, Princess Anne Borough- Virginia Beach, Virginia" as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Deed Book 2724,at Page 448. GPIN: 2425-25-5531-0000 Parcel Two: All that certain lot, piece or parcel of land located in the City of Virginia Beach, Virginia and designated as Parcel "A-2, GPIN: 2425-26-6489,area = 4,054,202 SF or 93,072 AC"as shown on that certain Plat entitled "Subdivision of Atlantic Shores, GPIN: 2425-16-5321, MB 303, PG 26, Virginia Beach,Virginia"which Plat was recorded in the Office of the Clerk of the Circuit Court of Virginia Beach,Virginia on November 14,2007 as Instrument Number 20071114001531090. GPIN: 2425-26-6489-0000 H:\AM\—Conditional Rezoning\Atlantic Development Associates\Dam Neck Road\Proffer Agreement_final 10-20- 2021.docx 9 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 8 Atlantic Development Associates, LLC [Applicant] Martha Fisher Huerta, VB Holdings, LLC [Property Owners] Conditional Rezoning (AG-1 &AG-2 Agricultural & R-10 Residential District to Conditional A-12 Apartment District) 580 & 608 Dam Neck Road RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Our next item is agenda item number seven, VB Holdings, LLC. An application for Modification of Conditions on property located at 608 Dam Neck Road in the Princess Anne District. David Weiner: Hold on for a second, Mr. Bourdon. Eddie Bourdon: Can we do them together? I don't... David Weiner: We have to vote on them separately. Eddie Bourdon: We should hear them together. You can vote separately. Madam Clerk: Okay. Along with agenda item number seven, we'll be hearing agenda item number eight, Atlantic Development Associates, LLC, an application for a Conditional Rezoning, AG-1 and AG-2 Agricultural, and R-10 Residential District, to Conditional A-12 Apartment District, to construct 92 units at a density of approximately 1.2 units per acre, on property located at 580 and 608 Dam Neck Road in the Princess Anne District. Eddie Bourdon: All right. Thank you, Mr. Chairman. For the record, Eddie Bourdon, and I'm going to speak on both seven and eight. I'll start to give the background on seven and then we'll move into eight. 1 But I want to start by saying that the esteemed Les Watson, actually represents VB Holdings and has been involved in this assemblage for close to two years. He represents the piece, that's the subject of this Modification of Conditions application. This was a portion of the original Atlantic Shores property, which had a Conditional Use Permit on it, to develop a large number of age restricted dwellings. And we filed an application, or I filed on behalf of the applicant at number eight, the application to Conditionally Rezone, Ms. Huertas's property, which is a little over four acres, directly across from Bold Ruler, and the intersection at Dam Neck Road, two and a half years ago. And then, working with Les Watson and Bob Thornton, the realtor who represented or represents VB Holdings, we were able to add that in his assemblage and then started down this still long trek. Eddie Bourdon: The property here is 93 acres that VB Holdings owns, which under the very old CUP for Atlantic Shores, could have been developed with 64 age restricted units on it. And those units would undoubtedly, have been located on other parts of this developable acreage, as there are 55 plus acres of developable land on this total property. And most of it is on the Virginia Beach Holdings property. The principles of Virginia Beach Holdings were a part of Atlantic Shores from the beginning of that project. And when it was determined that the demand and this is my understanding, the demand wasn't sufficient to justify continuing with this additional part of Atlantic Shores, this property was conveyed to them. And I think they were a prime financier of Atlantic Shores to start with. When that was done, when this property was conveyed to VB Holdings, it was entitled to 64 age restricted units under the old conditional use permit. Eddie Bourdon: And so we're asking to amend that use permit to take that restriction off. And quite frankly, I don't think that has a thing to do with this. And I don't think that was actually, or is actually legally required. It's a Conditional Rezoning on the whole piece of property, but it wasn't worth getting into a fuss with the staff about, almost two years ago. So, we'll file it. But I don't really think that it's legally necessary when you're conditionally rezoning the entire piece of property. So, that's the reason we're here. The conveyance from Atlantic Shores, to VB Holdings, actually had a private deed restriction in the deed that precludes it from being developed as age restricted property, so we're consistent with that. Eddie Bourdon: When the negotiations took place two years ago, basically started, Mr. Watson was in direct contact with the management of Atlantic Shores and briefed them. And they were all on board with it. Now we've come to find out today that the management has completely changed and under new management, and new Board of Directors. Ann Crenshaw came down today and I have agreed we will go out and have a meeting with their Board and brief them on all of this, and absolutely believe that they will be in complete accord with it. Because, it's consistent all the way across the board. And it's less impactful of them and of the environment. So that's number one, number seven, excuse me, number eight. All right. So, first of I want to thank Marchelle 2 Coleman and Carolyn Smith, and the Planning Director for having worked on this, which I think is a great project, and just want to get that out of the way, because they have been patient, as have my clients. Eddie Bourdon: So, we've got 97 acres on this assemblage, and with the proposed conditional rezoning only seven and a half acres will be developed. And that leaves over 89 and one half acres, all forested area to remain undeveloped. The project has one intersection, signalize intersection entrance across from Bold Ruler. The project is leaving over 46 and a half acres of developable land, untouched, and will remain forested. All together, it's 89, almost 90 acres of forested land that remains forested, and nowhere does my client get any credit for that. And that's something that has to change. State code allows, and I'm on the Green Ribbon Committee and we're pushing the City needs to, adopt the ability that these forested areas, large forested areas should get credit, as a BMP. We ran the city's model eight times, my clients, eight times, very expensive. Eddie Bourdon: Every time it showed no impact, one one-hundredth of an inch or less impact. We kept having to run the model and run the model, because it had to be perfect. What we wound up doing, and I just found this out, and I've been told this and I believe it's true, but I just heard this, today... David Weiner: Can you just hold for a second? Eddie Bourdon: Yeah. David Weiner: If that's not perfect, what is? Eddie Bourdon: It's not perfect in the eyes of our storm water model. David Weiner: Okay. Eddie Bourdon: And this is the part I, I just heard this today. And, I hope it's not true, but I was told today that the model treats wetlands, upland non-tidal wetlands, that aren't in a flood plain, as a hundred 3 percent impervious surface. We had to expand the BMP, into some areas that were upland non- tidal wetlands. And it actually helps. Took down, had to take down trees to do it, it actually helps under the model. Eddie Bourdon: There's no credit given under this model, for preserving wetland areas with vegetation and trees. That's absurd if that's, if that's in fact true. And I think it is, but somebody else can correct me. That's insane, utterly insane. It's taken us a year and a half to get more than that to get here, running these models to help perfect the models. And, some of the development community is perfectly happy to try to help, but at some point, some common sense has to come into play. So, we're all on the same page and we're all trying to get to the same point and it's not, trying to, but that's the reality. And, there is no credit for all this forested area, which everyone knows is a huge, huge plus. Eddie Bourdon: And it's better to have that forested area than to chop the trees down, and dig a hole and put water in it. You're doing more damage, in my view by doing that. But even so, I don't want to get off the seven and a half acres out of 97 acres. And, so we put the development in the best place to make the least impact, the least amount of impervious surface, the shorter roads, the whole shooting match. And we've done that from day one. So just to be clear, we didn't start out trying to develop a whole lot more. We started out with this and it's still taken a very long time to get here. So just want you to understand that. And, we're glad to be here, and we're not trying, we don't want to sound like we're upset, but it's got to, and it is, I think it will get better, but it's.. Eddie Bourdon: So anyway, and on the Virginia Beach development piece, there are 62 units out of the 92, the other 30 are on Ms. Huerta's piece, it's all one development. It's all mandatory membership, condo association and pool clubhouse. All the storm water, other than on the apron at the road on Dam Neck Road, that little apron will go into the ditches on Dam Neck road. All the other stormwater goes into the BMP and then out and through, most of its sheet flow through the woods. But it all goes to Redwing Lake, which is to the north of the property. None of our stormwater goes east again, other than, whatever might be on the apron on Dam Neck Road, and it has its own pump station. It doesn't have any, none of the effluent goes to the pump station that serves Fieldstone Glen, which is a thousand feet, something like that, to the east of this property. They're not contiguous at all. Eddie Bourdon: There's a lot of the wooded area we're preserving between us and them. It's a part of this property, but not the development. If you look at the big, if we get the big picture map up there. Okay. Yeah. See Fieldstone Glen is to the right of the purple area, the developable area, and the stuff that's white, that's totally out of any environmental flood plain. They're way down there. None of our water goes down there. None of our effluent goes down there and we're a long, 4 long way from them. And all this other area remains preserved. We have 33 guest parking spaces, all but 12 units have two car garages, and two parking spaces. And then there's the 33, there are 12 units with a one car garage, two onsite, two spaces outside the garage. Eddie Bourdon: And again, all that extra parking. So, we won't have people that'll need to park on somewhere else because there's no contiguous parking available. So, Staff recommended approval of this application. I don't think there's any hesitation on their part in recommending approval of it. I don't think we could have done this in a more, or my clients couldn't have done this in a more environmental way. And we have patiently, sometimes not so patiently, their lawyer, wasn't always as patient as they were, on going through this modelling over and over and over again. But we know we're not going to have any impact and that's even doubled down, because no credit whatsoever for all that forested area, that's going to remain forested area. Be happy to answer any questions. And, I will be meeting with the Board at Atlantic Shores, as soon as we can set something up before this goes to City Council, but we are not the least bit concerned that, that's going to be a problem. Because, the previous board and previous owners were, all on board with it. It makes perfectly good senses, David Weiner: Just an FYI. I'm putting this on our agenda for our next Green Ribbon Committee, we're going to discuss this. Eddie Bourdon: Well, I think we discussed it on the last one. David Weiner: We're going to get more in depth. Eddie Bourdon: But it needs to happen, it needs to happen. And if the model truly treats all forested wetland areas as impervious surface, that needs to change. David Weiner: Okay. Question Jack? Jack Wall: It's a pretty small impact compared to that, almost a hundred acres parcel, and then the remaining piece, but the only thing in there that preserves it, you're mentioning that it's going to stay undeveloped, is there's a proffer in here from what I can see, which proffers can be changed in the future. There's nothing that new zoning, or anything that's... 5 Eddie Bourdon: Can't change, unless it comes back through this process Jack Wall: Through the process, right?And it would have to come back to the room, which... David Redmond: You'd have to change the storm water model. Hmm. Oh, then you have to change the right. Jack Wall: You'd have to change the storm water model too. Eddie Bourdon: Well. Right. I don't have an answer. We've proffered, this is exactly, this is all that can happen on the site. So I think that, if we don't want to get crazy, if there's some type of an infestation in the forest and some trees have to come down to save the rest of the trees, but... no one's saying Jack Wall: No one's saying that. There's nothing permanently preserving that, it's just currently proffered. That this is the site plan and I'm just making a statement. It's not, it could be developed in the future. Eddie Bourdon: Well, I don't want anybody to take what I said, earlier, The City of Virginia Beach is on the right track, for our long term future, the bond referendum, and making sure that we are not flooding. So, all I'm trying to do is suggest there are ways to make that model better. I'm not saying we get rid of it and we start tearing down the trees and building more on this property. I'm not saying that at all. And I know you're not either. Jack Wall: Okay. Thank you. David Weiner: We have speakers? Madam Clerk: We have speakers. 6 David Weiner: Okay. Eddie Bourdon: Thank you. Madam Clerk: Ann Crenshaw, followed by Jennifer Dolhite. Anne Crenshaw: Good afternoon, Ann Crenshaw. I'm a member of Kaufman and Canoles law firm, serves as general counsel to Atlantic Shores. And I have had conversations with both Mr. Watson and with Mr. Bourdon. This was the first I saw the plans today, but I think it's not going to be a problem at all. And I appreciate their willingness to come out and meet with the Administration and, and the Board. David Weiner: Great. Ann Crenshaw: Thank you. David Weiner: Thank you. Any questions? Thank you. Ma'am Madam Clerk: Jennifer Dolehite followed by Michelle Zellers. David Weiner: Welcome. Jennifer Dolehite: Hi, thank you. Good afternoon. Good afternoon, Chairman and the Planning Commission. My name is Jennifer Dolehite, and I am from the Fieldstone Glen community and have resided there since 2007. I was elected in September to the position of President of our Board of Directors. And we have others in attendance from both the present and prior board of directors, who carry a depth much greater than I do of the city matters. And I hope that they have had a chance to speak with you or to provide you their opinions as well. I want to express my 7 appreciation to you, for conducting a thorough staff report, addressing our city's concerns. And I also wanted to let you know that the developer, for 580 and 608 Dam Neck Road, contacted our Association Manager, who coordinated a virtual meeting for the Board of Directors to ask questions about the proposed development. Jennifer Dolehite: I would've preferred an opportunity for our community to meet in person with the developer and ask each of their independent questions, but then they also have the opportunity to do that at this event for the Planning Commission as well. The developer has provided a well thought out community for a family-oriented, townhome, condominium community for larger in number of homes. Though it is larger in number of homes and acreage to our community. Likewise, is close to military bases, schools and parks. The buildings and the materials in the staff report are appealing. In layman terms, I have questions that remain unanswered for our community, after chatting with the developers. So I'm just going to provide you those questions at this time. Has the developer met the requirements to protect the environment, particularly where the natural habitat, including snakes and Bald Eagles, will remain undisturbed? Jennifer Dolehite: The second question is, what does the city or developer plan show, regarding utilities and sewage, and how will that be mitigated properly, so as not to adversely impact our community of Fieldstone Glenn? We do also have a federal government property connecting to our community. And our community has been there approximately 15 years now. And so, things may have changed a little bit from that time to now, as far as the plan and development in our area. What mitigation efforts have been studied, or are provided to ensure the water flow upstream and downstream from the proposed, will not increase the already increased saturation levels from the surrounding bodies of the water and marsh into our community? Not only from the west, but north and easterly sides due to the... Jennifer Dolehite: I don't know if the visual is up there, showing the water bodies, but it feeds into the Redwing Lake. And then I think it's Tecumseh, and then there's a feeder for Dam Neck that goes along the easterly side as well, between us and the base. Jennifer Dolhite: What is the capacity for the current utility lines and sewage?And if it is not sufficient, what are the city's mitigation plans?And another concern relates to the traffic patterns. Traffic related to the NAS Dam Neck annex, already backing up past the light at Bold Ruler. And outbound traffic speeds at 45 miles per hour, make entering and exiting Fieldstone Glen community challenging. This speed coming out of the base, and with an anticipated change in the traffic like pattern, can cause difficulty entering and exiting the community. And do you have any mitigation plans to assist us in road safety, when considering this? I thank you, at this time, for your consideration 8 of our community in the planning proposal. And that's all of the questions that I have at this time for you. David Weiner: Thank you ma'am. We have any questions? The applicant's representative has written down what you said, so I'm sure he is going to address it when he comes back up here, okay? Jennifer Dolehite: All right. Thank you sir. Madam Clerk: Michelle Zellers, followed by Buck Heffernan. David Weiner: Welcome. Michelle Zellers: Good afternoon, Mr. Chairman, members of the Planning Commission. My name is Michelle Zellers. Everybody keeps talking about the military service. So I've got,just short of 23 years. I retired from the Air Force, and moved to Virginia Beach. I've got three main issues I want to cover very briefly. Of course, the first one is that it's approximately 97 acres. They talk about building on seven and a half. In the evaluation recommendation, it talks about 1.2 buildings or units per acre. That's a little misleading since they're only building on seven and a half acres, so that really comes out to 12.26 units per acre, when you're looking at density. The next issue, to be a little repetitive with Jennifer, is they talk about 674 average daily trips adding to the congestion on Dam Neck, as she indicated, this doesn't take into consideration, the amount of traffic that passes through there Monday through Friday, going at least Monday through Friday, primarily. Those days, going to the base at the end of the road, you have to go through that intersection at Bold Ruler and Dam Neck to get on the base. Michelle Zellers: There are no alternatives to get around that. So, when you look at page five and traffic impacts, I think you really need to adjust that up, significantly. If you look at installations.militaryonesource.mil, it says that there are over 5,600 instructors, students, and support personnel on Dam Neck. A number of those students don't commute daily, I understand that, but the instructors and support personnel, supporting 12 tenant commands on that installation do. The last and final issue I bring to your attention, is that Virginia Beach, as you well know, item one that was just discussed, talks about the flood mitigation referendum, $567.5 million. This part of Dam Neck has not had any flooding issues. A big part of that is the flood zone protections and so forth, all the vegetation that is located in that area. 9 Michelle Zellers: Page six under storm water impacts, the very bottom of the page, says that the proposed conceptual storm water management strategy has the potential to successfully comply with storm water requirements. Well, everybody has a lot of potential whether you actually meet that potential or not is another question, as Mr. Inman says, it's really important to get this right. You said that with regard to the first item on the agenda, thank you for your attention. And again, I just bring those issues to you for your consideration. Thank you. David Weiner: Thank you. You have any questions? Thank you. Ma'am Speaker 24: Buck Heffernan, followed by Peter Vankeren. Buck Heffernan: Excuse me. I have no intention to speak. David Weiner: Oh, thank you. Madam Clerk: Sorry, who was that? David Weiner: What was your name sir? Buck Heffernan: Buck. Madam Clerk: Okay. David Weiner: Okay, Peter, Come on up. Peter VanKeren: 10 Good afternoon, commissioners. Peter Vankeren. I'm a resident at the Fieldstone Glenn development, and I'm also a member of the homeowners' association Board of Directors. And the Board of Directors has not taken a position on this development, either in support or objecting to it. And so, but we did encourage the residents of our community to contact you individually and to provide either, their support or objection. We do have concerns, and the reason I'm speaking to you now is just some of the concerns, and some have been addressed. Very compelling presentation by the applicant's representative in terms of storm water. And it's the seems like a lot of the concerns there for storm water and for the wetlands and everything has been met. So, I won't really get much into that. Peter VanKeren: A primary concern that we have though is we are, in the report it does talk about a private utility line, the waste line. And so that line, that we own, runs the length of Dam Neck, and it will be in the frontage area of the development. So, we're concerned that during construction, what could happen in terms of damage, to that wastewater or the, I'm sorry, the sanitary sewer line, not sure if it's possible. So, when they start developing their construction plans and their site development, whether precautions can be taken, I certainly would like to see when they do, do their construction plans, that a sanitary sewer line is on their construction plans. That they are compelled to put that on their plans, so that when they do the construction, they won't damage that line. Peter VanKeren: Apparently in the past, there has been some incidents where that sanitary sewer line had been damaged by, or at least we suspect, it had damaged by other construction that had occurred in that area. And then, because it's a private line, it's an expense to us. And so we definitely would like to make sure that that is identified in future plans for construction, once this has been approved and everything. I also was told, I would have 10 minutes since I'm representing the homeowners' association. David Weiner: Didn't the young lady, was she the representative? Peter VanKeren: She is the President of the Association, but when we signed up, I had signed up to represent the Association. David Weiner: Okay. Peter VanKeren: 11 But, however you'd like to do it, you're in charge. David Weiner: Go ahead. Peter VanKeren: I am curious. Or, we're curious whether prior to and after construction, again, the sanitary sewer line is something that's very concerning to us during construction. It wasn't identified when we met with a representative for the applicant. Because the site plans and the construction hasn't gone that far, yet, he didn't know whether they were going to try to tap into the city's gravity sewer line or whether they're going to develop their own forced main. Those answers weren't provided to us. They haven't approached us about tapping into our sanitary sewer line. So we just don't know what the plan is for that. So, as they move forward with that, again, if it's possible, to have that line prior to construction inspected at their expense, to make sure there aren't problems and after construction, if it could be inspected, that would be something that we would ask to be considered. Peter VanKeren: So, I think I've talked enough about the sanitary sewer, but that is a major concern of ours. Another concern would be as construction begins, and there's wildlife habitat clearly in the wooded area, that's there. And we're just concerned that disruption of that habitat would have the wildlife, come into our neighborhood. Whether it's deer, snakes, other types of mammals. And so, if there's a way to guard against that, whether there's a length of where our boundaries, it'd be the boundary between us and them, excluding the military, if maybe a wildlife fence can be put up to guard against wildlife that would be disrupted, and potentially move into our neighborhood. We would ask that the applicant consider that. But other than that, I think the staff report did a great job, outlining a lot of the concerns that could be there. So thank you very much for your time. David Weiner: Any questions? Yes. Whitney Graham: Yes. I just want to point out a lot of this is really site plan approval and we're really here for land use. Do you have any opposition to the use itself?The residential, going in? Peter VanKeren: I'm not authorized by the board to speak to that. Whitney Graham: 12 You, personally. Speaker 25: As a personal individual, no, I have no opposition to the project. And we understand that this is just an application to change the zoning. In the staff report, where it talked about the next steps, it really didn't outline. So us, as citizens, we don't know when another opportunity would come to address site planning and construction development. Whether they're 30%, 50%. Whitney Graham: Yeah. Development Services Center kind of just takes over, if it makes it through City Council. Peter VanKeren: But yeah, we would definitely appreciate continued contact with the applicants, as this moves through the process. Whitney Graham: Okay. Thank you. Right. Right. Madam Clerk: Mr. Chairman, our final speaker is via Webex. Russell Greggs, if you would wait two to three seconds and then please state your name and begin your comments. Russel Greggs: Yes. My name is Russell Greggs. I am a member of the Fieldstone Glen community. Have a little to say. Different from the other members of the community, along the same lines. A lot of it has to do with construction after the zoning approval. The lawyer representing the company did clear up one question that I had, concerning where they were going to move the sewage to, which would not be on the substation on Dam Neck. The drainage of the property from the use of rezoning, I do have a issue with that, because of the destruction of the wetlands in this area. I've lived here about 10 years in Virginia Beach, but I crawled around in those marshes in the early 70s, doing training out on Dam Neck and it is wetland. As he talks about moving floodwater, or stormwater back toward Red Mill, pumping it north, not east, or any other directions, except the little flow over on Dam Neck Road. Russel Greggs: That is very concerning to me, because anytime it rains over half an hour, you can't play golf for two days over at the Red Wing Golf Course at this point with that. So I just don't believe it to be wise to start removing water in this area that we're at, because as one of the neighbors spoke earlier, unless we get torrential down rains, we have issues withstanding water in the area. 13 Russel Greggs: As a former president of the community, we have had issues with moving water off of the piece of property that we already end developed. So putting anything else here, whether it's 7 acres or 93 acres of development, is not going to have a positive impact on the community, in my belief. To the board, well, I should say the Planning Commission, to your wisdom there, concerning the rush through of this resolution that we just bonded in Virginia Beach, it's the same thing here. I think we really need to slow down and make sure that what is being proposed will actually work from the wetlands and to reserve the habitat of the community of the area. And I want to thank... David Weiner Welcome back, Mr. Bourdon. Eddie Bourdon: Okay. Want to thank everyone for their coming down and commenting and Mr. Greggs for his comments via Zoom. Just maybe we are all assuming people have the same, I guess, level of understanding. We must retain on-site, all of our stormwater, so that we discharge from our BMP on-site into the drainage system that does go through Red Wing Lake, at the same rate that the property is currently discharging into Red Wing Lake. So we cannot increase the amount of water going in there, other than over a long period of time and that's why we've spent over$100,000 running the city, it's the most extensive, restrictive, whatever you want to call it, modeling and ordinance on the Eastern Seaboard, over the last close to two years, so we've been slowed down as a city and as a community and we've been adhered to all of the above. Eddie Bourdon: And that's exactly what's in your recommendation. I'll understand this, is that we will be able to meet the requirements. In fact, we could cut down more trees and put a bigger BMP on the property and be way above the requirements, but we would actually be doing more harm than good in my view, because we're better off leaving the trees, the habitat, because they actually are a BMP for stormwater. The density question, and I do want to go ahead and correct this, when we went to the Navy with this, we believed that there were roughly 60-something acres of developable land. When we finished doing all the environmental, all of the things that we have had to do to identify, it's 55.34 acres of fully developable land, totally forested and treed and that actually yields a density of 1.6 units per acre, instead of 1.2. The Navy has no problem with 1.6 versus 1.2, because it's lower density than anything else out there. Eddie Bourdon: And that's based on the developable land. We didn't base that on the other 40 plus acres of either flood plain or upland nontidal wetlands or true wetlands. And no true wetlands are even being touched and they're just a de minimis amount of upland nontidal wetlands that are being touched, so the stormwater is not an issue. My clients developed Fieldstone Glen, okay? The requirements then were infinitely easier than today and none of this was done back then. They 14 aren't flooding and this isn't going to, in any way, cause them to have any flooding. Traffic on this section of Dam Neck Road is certainly not failing, or anywhere close to failing. Granted, there's a considerable amount of traffic during peak hours. People going to or from Dam Neck, but that's it and the rest of the property out there is not really developable anymore. Eddie Bourdon: So unless Dam Neck gets a whole lot bigger, there's really not going to be any discernible increase in traffic beyond what you see here, because this also has the Navy circumstance, so there's really no reason to be fearful. The full four-way stoplight will also add to the breaks that Fieldstone would have. They do have a median break, but there's no light there at their entrance. So my clients did attempt to set up a meeting for a number of weeks. Had some difficulty getting one set up. We have no aversion to meeting with them further. The last thing, we will have a completely separate public force main. We won't be tapping into their private force main, won't be doing anything that will have any impact on their line and obviously if we damage their line in some form or fashion, we're responsible for that. Eddie Bourdon: And as I said, my clients developed Fieldstone and they will be glad to be in communication with them throughout the process, to make sure they understand what's happening and when, but we are not going to do anything that will have any impact on their sewer force main. We're not tapping it, not using it. There's a private force main. This will be a separate public force main, going to the east, towards Atlantic Shores. If you have any other questions, I'd be happy to try to answer them. I tried to answer the things that they raised. I believe I did. David Weiner: Questions, anybody? Eddie Bourdon: Thank you very much. David Weiner: Thank you. All right. No more speakers? Madam Clerk: No more speakers. David Weiner: All right. We're going to close this and open this up. 15 Robyn Klein: I have a question. David Weiner: It's fine. Robyn Klein: I thought that once you were greater and 65 decibels, it was incompatible with residential. David Weiner: That's a staff question. Robyn Klein: Staff. Carolyn Smith: So, it's not quite that simple. It depends. There are sub-areas within the AICUZ and based on what sub-area you are determines your potential to possibly rezone, or even develop your site. So, it's not quite that simple. Robyn Klein: Okay. I'm looking at the AICUZ planning map and it says that residential has to be less than 65, but for an APZ 2, it's conditionally compatible. Carolyn Smith: So, this property is in sub-area two and properties in sub-area two have the potential to develop residential units, subject to certain provisions. And one of those is that the density be what's recommended in the Comprehensive Plan and then that density be similar, but no greater than what is surrounding the property. So, we did an evaluation as to what the other density's worth in this area and it was up to 12.9 units per acre. And so, we felt that this, at 1.6, is that what this is? 1.6 was certainly in line with and certainly less than what's surrounding. Robyn Klein: Sure. Thank you. David Weiner: Mr. Bradley, isn't this your area? 16 David Bradley: You know, I think it's a good project. 7 acres out of what? 97, that are going to be developed. It doesn't seem like the impacts will be much and it is in an area of the city that I think is meant for something like this, so I'd be glad to make a motion, unless there's any questions. David Weiner: Any comment?Any more comments? Michael Inman: Oh, I want to make a comment. David Weiner: Okay. Michael Inman: Coming into this, I actually represent Fieldstone Glen, but I didn't know what position they were going to take. As you can hear from their commentary, that they've not taken a clear position at the moment, but they express concerns. So in an abundance of caution and the conflicts of interest, I guess I'm going to declare one now and I'm going to abstain from any discussion or voting on this application. David Weiner: Okay. Michael Inman: Though I did facilitate the meeting that they did have, one of the members of the applicant contacted me, because I'm a registered agent. And I got in touch with the condo manager and the manager then facilitated with the group and they had the Zoom meeting that was referred to you. David Weiner: Okay. Anybody ready for a motion? Jack Wall: I just want to say it's a fairly small impact, compared to both the land use with the overall site and as well as for the work center. Dam Neck generates quite a few more trips than what the site will, so I think that it's pretty small. 17 David Weiner: Okay. Jack Wall: I support it. David Weiner: So, we need two motions. One for eight, then one for nine. David Bradley: All right. I'll make a motion to approve the modification of the conditions, as summarized on agenda item seven? David Weiner: I'm sorry. Dee Oliver: Eight. It's eight. David Weiner: You're right. Seven and eight. Seven and eight. Yeah. You're right. Whitney Graham: I'll second. David Weiner: So, we have seven first and then eight. Right. Yep. Okay, we have a motion by Mr. Bradley, a second by... David Redmond: Mr. Graham. David Weiner: Mr. Graham. Yeah. It's been one of those days. Madam Clerk: 18 Okay. This first vote is on agenda item number seven. The vote is open. Madam Clerk: By recorded vote of 10 in favor, zero against, with one abstention, agenda item number seven has been recommended for approval. Robyn Klein: Right. Mr. Chair, I'll make a motion to approve the conditional rezoning for application number eight. David Weiner: Okay. We have a motion. Michael Inman: Since the light did not light up for my abstention, I want it on the record that I abstained. David Weiner: Okay. Madam Clerk: I noted in this. I noted it. Michael Inman: Okay. David Weiner: So, we have a motion- Dee Oliver: Second. David Weiner: ... by Mrs. Klein and a second by Mrs. Oliver. Madam Clerk: Okay. Agenda number eight, the vote is open. 19 Dee Oliver: Mr. Horsley is leaving. Madam Clerk: Mr. Horsley, can we have your vote, please. Donald Horsley: I got to go. Madam Clerk: By recorded vote of 10 in favor, zero against, with one abstention, agenda item number eight has been recommended for approval. AYE 10 NAY 0 ABS 1 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman ABSTAIN Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE PROFFERS: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, the community entrance, streets, landscaping, parking and fencing shall be substantially in accordance with the two (2) exhibits titled "CONCEPTUAL LAYOUT JADEN PLACE TOWNHOMES VIRGINIA BEACH, VIRGINIA" C-1.0 and C-2.0, dated 10/28/2019 and the "OVERALL CONCEPTUAL LAYOUT", dated 10/28/2019, prepared by WPL 20 Engineers, Surveyors and Landscape Architects, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Conceptual Layout" and "Overall Conceptual Layout"). Proffer 2: Vehicular Ingress and Egress shall be via one (1) signalized entrance from Dam Neck Road as depicted on the Conceptual Layout. Any freestanding community identification sign shall be a monument style sign, no more than eight feet (8') in height with a brick or parge block base to match the skirt of the buildings. Proffer 3: When the Property is developed, there will be no more than ninety-two (92) residential townhome condominium units, within fifteen (15) buildings as depicted on the Conceptual Layout. Eighty(80) of the units will have a rear loading two (2)car garage and twelve (12) units will have a front loading one (1) car garage). Proffer 4: When the Property is developed, the residential structures and pool house depicted on the Conceptual Layout shall have the architectural design, features, exterior building materials and colors substantially as depicted and described on the exhibit entitled "ARCHITECTURAL ELEVATIONS —JADEN PLACE TOWNHOMES VIRGNIA BEACH, VIRGINIA", dated 10/28/2019, prepared by WPL Engineers, Surveyors and Landscape Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development("Elevations"). Proffer 5: When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include a restriction prohibiting the rental of any unit for a term of less than thirty(30) days. The Condominium Unit Owners' Association shall be responsible for maintaining all drive aisles, sidewalks, amenities, open spaces, common areas, landscaping, stormwater management facilities and other improvements on the Property as depicted on the Conceptual Layout. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Proffer 6: The Plan for complying with the Grantee's Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary stormwater plan design and strategy for achieving compliance as submitted and preliminary reviewed by staff, unless otherwise approved by the Development Services Center. Proffer 7: 21 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 22 08L 0S9 Ng 06£ 09Z 0£1.S9 0 iaad - 6uiplin8 6uiuoZ II s peON puelloH 8LK suo6AIod ApadoJd 1.%y M 31 `sawiaossd sa)e1 puelloH al!s r i u *�' -i Q:1--, P ZO Z8 , \.___,_. - ,‘ TO101. 7-).` . c'cr'w-ww. ' __ L laikIrk ig ic, at1 W. 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COUNCIL DISTRICT — ROSE HALL MEETING DATE: December 14, 2021 ■ Background: The applicant seeks a Conditional Use Permit to construct a 130,000 square foot, three-story, climate-controlled, self-storage facility at the Holland Lakes Shopping Center. Currently, four of the nine units at the shopping center are vacant. This proposal will demolish a portion of the aging shopping center and replace it with the self-storage facility. The two units that front Holland Road are operating in good conditions and will remain with one additional unit to be added in the rear. Also to remain on the site is the existing tire service center. The proposed building reflects a contemporary design style with brick veneer, architectural metal panels, "green walls" (walls with vines), and a metal cornice. Landscape plantings are proposed along a portion of Diana Lee Drive, a 10-foot wide landscape buffer along the eastern property line, and foundation and interior parking lot plantings. In addition, proposed fencing includes an eight-foot tall wood privacy fence along the eastern property line, an eight-foot tall aluminum fence along the loading area, and an eight-foot tall black vinyl coated chain-link fence along the southern property line. The applicant seeks the following deviations to the landscaping and planting requirements: o Reduce the width of the landscape buffer from 15 feet to 10 feet along the eastern property line. o Reduce the landscape buffer from 15 feet to 0 feet and install a chain-link fence instead of a privacy fence along the southern property line. o No streetscape plantings along Holland Road and a portion of Diana Lee Drive that is currently developed with parking area. • Considerations: In Staff's view and the Planning Commission concurred, the proposal is consistent with the Comprehensive Plan's objective of renewing commercial centers in order to achieve and maintain "Great Neighborhoods" in the city. The current shopping center is aging and need repairs. With this redevelopment, the applicant will Holland Lakes Associates, LC Page 2 of 3 restripe and resurface the existing parking lot, replace the existing freestanding sign with a more attractive monument style sign, reduce the number of vehicular access points from four to two, and install landscape buffers and screenings where none exist today. The enhancements to the landscaping bring the site closer into conformance with current standards as required by the Zoning Ordinance between commercial and residential uses. Both, the Planning Commission and Staff support the applicant's request to deviate from the landscape buffers and screening requirements. A natural buffer already exits along the southern property line. To the south of the property is a drainage canal that is also zoned A-12 Apartment District. While not on the applicant's property, there is mature vegetation along the canal that screens the subject property from the nearby residences. In addition, this portion of the property is not visible from public streets or adjacent properties. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On November 10, 2021 , the Planning Commission placed this application on the consent agenda passing a motion to recommend approval with a vote of 11-0. 1 . When the property is redeveloped, it shall be developed substantially as shown on the exhibits entitled, "Holland Lakes Storage Schematic Layout", dated August 2, 2021, and prepared by Silvercore Land Development Consultants and "Conceptual Landscape Plan, Holland Lakes Storage", dated October 11, 2021 , and prepared by Frankenfield Design + Development, LLC, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. This is a deviation to the 15 feet landscape buffer, streetscape plantings, and fencing requirements. 2. A Landscape Plan shall be submitted that contains the plantings and screenings references in Condition 1 above that includes but not limited to the following: a. As depicted on the plan as the 10 feet landscape buffer, along adjacent properties that are residentially zoned, evergreen trees shall be installed at a minimum of six (6) feet in height and be allowed to grow and be maintained at a height of no less than ten (10) feet and the required shrubs shall be allowed to grow and be maintained at a height of no less than four feet; b. As depicted on the plan, the "Green Wall" shall be maintained for the duration of the use. 3. The exterior of the building shall be substantially similar in appearance, architectural features and materials as depicted on the exhibit entitled, "Mini Holland Lakes Associates, LC Page 3 of 3 Price Storage Holland Road Virginia Beach, VA", dated September 30, 2021, prepared by Finley Design, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. When the property is redeveloped, the existing freestanding sign for the shopping center shall be removed and replaced with a monument style sign that is substantially similar as depicted on the exhibit entitled, "Design No. 30180", dated October 6, 2021, prepared by Cardinal Sign Corporation, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 5. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. c. Only motion activated lighting fixtures shall be installed at a height of no more than ten (10) feet along the easternly and southernly property lines that abuts the apartment district. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 7. The trailer on the property shall be removed within 120 days of City Council action. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:41P 1)/13Applicant & Property Owner Holland Lakes Associates, LC Agenda Item Planning Commission Public Hearing November 10, 2021 - City Council Election District Rose Hall Virginia Beach Request Conditional Use Permit (Mini-Warehouse) Staff Recommendation d c �ha n,atn Lane N�th9at.Dr vt. \ a C C Bancroft Drrve ' \ Approval = < ; \ / Q 0 Staff Planner oc¢ 2 , Hoa N. Dao 1 1' ' i. - ' 1 i c.,, Location a 3478 Holland Road a°n�nR°� ee♦'` `� '� GPIN 1486737186 E° /� ° 9�tl? Site Size P °3.12 acres r o` 9b Stonesh ore Road_ '�.�Q'o°~ �Pgoa AICUZ ° 65-70 dB DNL; Sub-Area 3 Watershed �i '\\, / Chesapeake Bay Existing Land Use and Zoning District t � • ShopPin center,auto repair / B-2 Community1 • \ , . a - Business v.„8.,..iii, ,,, ,, , , , - Surrounding Land Uses and Zoning Districts ',. r i►r� .. + �`- . ` North Diana Lee Drive - * -\° ,,,,a�z Auto dealership / B-2 Community Business ° i-'\-' • " ,' ', ; # South + Drainage channel /A-12 Apartment CA ` ce. ,� . ✓• a a'ti" Multi family dwellings /A-12 Apartment ° __ %. - • .; ' _. , r ply �� - {'- 4+tr•�A�: West p �- Holland Road `�z ,.'�' to•` ,. '` Shopping center / B-2 Community Business ti-o�`,4,0 .r \ Holland Lakes Associates, LC Agenda Item 11 Page 1 Background & Summary of Proposal • The applicant seeks a Conditional Use Permit for a 130,000 square foot,three-story,Self-Storage Facility.This will require the redevelopment of a portion of the shopping center which is on property zoned B-2 Community Business District at the corner of Holland Road and Diana Lee Drive. • Two existing units fronting Holland Road will remain and an additional unit will be added. Also to remain on the property is the tire service center. • The proposed building elevation on page 8 of this report reflects a contemporary design style with brick veneer, architectural metal panels, "green walls" (walls with vines), and a metal cornice. • The submitted conceptual landscape plan shows plantings along a portion of Diana Lee Drive, a 10-foot wide landscape buffer along the eastern property line, and foundation and interior parking lot plantings. In addition, an eight-foot tall wood privacy fence along the eastern property line,an eight-foot tall jerith fence along the loading area, and an eight-foot tall black vinyl coated chain-link fence along the southern property line are all proposed. • The applicant requests the following deviations to the landscaping and planting requirements pursuant to Section 221(i)of the Zoning Ordinance: o Reduce the width of the landscape buffer from 15 feet to 10 feet along the eastern property line o Reduce the landscape buffer from 15 feet to 0 feet and install a chain-link fence instead of a privacy fence along the southern property line o No streetscape plantings along Holland Road and a portion of Diana Lee Drive that is currently developed with parking area • The existing freestanding sign will be replaced with a more attractive monument-style sign. • The proposed redevelopment of the property includes a reduction in the number of ingress/egress points along Holland Road and Diana Lee Drive from four to two. • The proposed office hours are from 9:00 a.m.to 6:00 p.m., Monday through Sunday and patrons can access the facility between 6:00 a.m.to 9:00 p.m.with pass code controlled access. `./ \le7: . . \ a.� \ - s �,= \��\ Zoning History �/� ' �� # Request ., �r f l ,` 1 CUP(Religious Use)Approved 12/06/2016 \ '/t��> CUP(Religious Use Expansion)Approved 06/10/2003 \� \ ty Iv :44 \ CUP(Religious Use)Approved 11/13/2001 CUP(Religious Use)Approved 10/12/1999 � > , fk1\ CUP(Religious Use)Approved 10/13/1998 /.6.0 2\ � /<,, ' s 2 CUP(Motor Vehicle Rental)Approved 09/18/2012 f +0 1 ,.'` 3 CUP(Motor Vehicle Sales&Service)Approved `\�, sq , 04/13/1999 4 CUP(Religious Use)Approved 04/08/1992 4 l / f Application Types Holland Lakes Associates, LC Agenda Item 11 Page 2 CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,the applicant's proposal for a self-storage facility on this site is acceptable.The proposal is consistent with the Comprehensive Plan's objective of renewing commercial centers in order to achieve and maintain'Great Neighborhoods" in the city. Currently,the shopping center has nine units that are in need of repair and the four vacant units represent a vacancy rate of 45 percent.The proposed redevelopment will demolish a portion of the aging shopping center and replace it with a three-story climate controlled self-storage facility. The two units that front Holland Road are operating in good conditions and will remain with one additional unit to be added behind them.Also to remain on the site is the tire service center. During Staff's field visit, it was noted that a trailer was parked behind the tire service center and was utilized to store used tires.This is not permitted by the Zoning Ordinance and condition 7 is recommended that will require the removal of the trailer in order to emphasize this oversight by the applicant. The applicant is agreeable to this condition. The proposal includes landscape buffers and fencing that will aid in bringing the site closer into compliance with current planting requirements.As the existing shopping center was built prior to the enactment of these requirements, it lacks streetscape plantings along Holland Road and Diana Lee Drive and landscape buffers and screening between commercial and residential uses.This proposal will install required landscape buffers and screenings where none exists today. Due to the location of the existing parking area and drive aisles,the applicant seeks to deviate from the requirement to install streetscape plantings along Holland Road and a portion of Diana Lee Drive.The applicant also seeks to reduce the width of the landscape buffers from 15 feet to 10 feet where the property abuts the A-12 Apartment District to the east due to the 15-foot drainage easement that runs parallel to the eastern property line.Staff is supportive of this request since the adequate screening will be provided with the installation of an eight-foot tall privacy wood fence, a row of evergreen plantings,and innovative planting segments (green walls) on the facade of the building. The existing parking lot is in need of repairs.This redevelopment proposal will resurface and restripe the existing parking lot. In addition,the existing freestanding sign will be replaced with a more attractive monument style sign along Holland Road. The applicant is requesting a deviation from the requirement to install the 15-foot wide buffer with Category IV landscaping along the southern property line as a natural buffer already exits. To the south of the property is a drainage canal that is also zoned A-12 Apartment District.While not on the applicant's property,there is mature vegetation along the canal that screens the subject property from the nearby residences. In addition,this portion of the property is not visible from public streets or adjacent properties. Based on this,the applicant is requesting the use of chain-link fencing rather than a solid privacy fence as it will not be highly visible from either residences or the rights-of-way. Staff is agreeable to these requests. Staff determined that the proposed use will result in a significant reduction in traffic volume, almost three times what is permitted as a matter of right in a typical shopping center. In addition,the number of ingress/egress points will be reduced from four to two,thereby improving traffic movements and safety as potential conflict points are reduced. Staff finds the deviation request to the landscaping and planting requirements to be acceptable and will not detrimentally effects the surrounding properties. Based on the considerations above, Staff recommends approval of this request with the deviations as noted and subject to the conditions noted below. Holland Lakes Associates, LC Agenda Item 11 Page 3 Recommended Conditions 1. When the property is redeveloped, it shall be developed substantially as shown on the exhibits entitled, "Holland Lakes Storage Schematic Layout",dated August 2, 2021, and prepared by Silvercore Land Development Consultants and "Conceptual Landscape Plan, Holland Lakes Storage",dated October 11, 2021, and prepared by Frankenfield Design+Development, LLC,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning.This is a deviation to the 15 feet landscape buffer,streetscape plantings,and fencing requirements. 2. A Landscape Plan shall be submitted that contains the plantings and screenings references in Condition 1 above that includes but not limited to the following: a. As depicted on the plan as the 10 feet landscape buffer, along adjacent properties that are residentially zoned,evergreen trees shall be installed at a minimum of six(6)feet in height and be allowed to grow and be maintained at a height of no less than ten (10)feet and the required shrubs shall be allowed to grow and be maintained at a height of no less than four feet; b. As depicted on the plan,the "Green Wall"shall be maintained for the duration of the use. 3. The exterior of the building shall be substantially similar in appearance, architectural features and materials as depicted on the exhibit entitled, "Mini Price Storage Holland Road Virginia Beach,VA",dated September 30,2021, prepared by Finley Design,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. When the property is redeveloped,the existing freestanding sign for the shopping center shall be removed and replaced with a monument style sign that is substantially similar as depicted on the exhibit entitled, "Design No. 30180",dated October 6, 2021, prepared by Cardinal Sign Corporation,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 5. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected, shaded,and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14)feet. c. Only motion activated lighting fixtures shall be installed at a height of no more than ten (10)feet along the easternly and southernly property lines that abuts the apartment district. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance.A separate permit from the Department of Planning&Community Development is required for any new signage installed on the site. 7. The trailer on the property shall be removed within 120 days of City Council action. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Holland Lakes Associates, LC Agenda Item 11 Page 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The property is located within the Suburban Area. Guiding planning principles of the City's suburban areas include the establishment of"Great Neighborhoods," and protection and enhancement of natural opens to promote appropriate and sustainable use of land, and provision of adequate services and utilities to meet existing and future needs. Furthermore, "Great Neighborhoods" should be supported by complimentary non-residential uses and provide a proper balance of commercial uses that will serve the neighborhoods. The Comprehensive Plan encourages the renewal of commercial centers with regard to design, products, and services provided to the neighborhoods where they are located. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 32,990 ADT1 32,700 ADT 1(LOS°"D") Existing Land Use 2—1,453 ADT Proposed Land Use 3—596 ADT Diana Lee Drive No Data Available 9,900 ADT 1(LOS°"D") 1 Average Daily Trips 2as defined by a 38,500 square 3 as defined by a 10,500 square 4 LOS=Level of Service feet shopping center feet shopping center and 130,000 square feet self-storage facility Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road is considered a four-lane divided minor urban arterial. The MTP proposes a six-lane facility within a 165 foot right-of-way. There are currently no CIP projects to upgrade this section of Holland Road at this time. Diana Lee Drive is considered a two-lane divided collector. The existing infrastructure currently resides in an 80 foot right-of-way and it is not designated on the MTP. There are currently no CIP projects to upgrade this roadway at this time. Public Utility Impacts Water & Sewer The property is currently connected to City water and sanitary sewer services. Holland Lakes Associates, LC Agenda Item 11 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 24, 2021 and October 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 25, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on November 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 28, 2021 and December 5, 2021. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 29, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on December 10, 2021. Holland Lakes Associates, LC Agenda Item 11 Page 6 Proposed Concept Plan / Landscape Plan o. 4.1t".1, fE.Ner �/ i1^�^.q� LE.a.,PRST ss ZONING: Al2 — 4F---,,THEN TRANStT10 S TO 5' 8' f • • i / _ • .S..)- • - • - IRONOSET �vOCE FEit10E{ • • • _ e • •1 ' ! 'S' r'u9 DRAINAGE EASEMENT } \ \ 1 1 iy{ w \ \ Z \ - AMP, Z \ I ' PROPOSED 3 STORY ,5 SLOG. 43,428 SF (130,284 SF TOTAL �$ A---- - \ ____ 7 \% \ L Vi 1,800 SF i ��\ OFFICE 1 Z -' 3478 HOLLAND ROAD p ',�;. ..... GPIN:1486737186 r • ZONING: 82 f f, e' .Fran+ FENCE S• lIiTsT ._. _ .__1 �Tl I �� ___ RETAIL TENANI . CV 1 _ 2.550 SF E �r { ! l e . .i %////////////. Q r Ex. SLOG. ' { ` a 1 I l AUTO SERVICE I I . TENANT • i3 - _RESTAURANT TENANT NT • ! ' 3.320 SF • 2.200 SF 2.400 SF • t t 4 t 1 1 e NEW MONUMENT � , �� 9GN t • JII1UII4L!JLLL!iUL____o rv«m Ex()MAKE pc EMTRANCE TEM liN -- -- -- --- HOLLAND....... ..... ROAD Holland Lakes Associates, LC Agenda Item 11 Page 7 Proposed Elevation Plan 0 -,L$ w? j El'ii 1V111WBfl9 VA `HJV3B VIN I°J ZIIA z mz o. p ; za m En =Fl _ NV1d 3119 OVOM aNV-1117H • m` _� it .•• 30J f?-101$ 30121d INIW a f� Q Pi E IL4 X. MI: 1 i et s co N i c Niiire Lee i 1 w rim !} si tl r I I I r I I I ....... ..... 1 , i 1 1 = ill§ m _ 1 — i iJ ill A .0 7i+ Y U, 6 + i i f ! Holland Lakes Associates, LC Agenda Item 11 Page 8 Proposed Renderings : ._ - • • - (7L q` 9 1 -.. 1 ... , _ . . .. it,i _ _ . 6•, I. . , ,. • .. ,.. , .,. , . 1 _ ., „ ,. , . . . . ,. . NIL,. ' "*"-] d ,,,-r= II:.. , 7: ..' , \G.- ‘:- i, I. + ... • j .y s l 1 i Holland Lakes Associates, LC Agenda Item 11 Page 9 0 .a 0 n. 0 C 144" 3 rD 6" 132" 6" ,-r (V. HOLLAND LAKES t REVERSE CHANNEL LETTERS IN/ WHITE HALO Sr' rai Price e MR.TIRE Amara.. NA I L S a a Nam AO BAR & GRILL 3446-3480 0 Q D/F LIGHTED SIGN d 78" X132" = 71.5SF N 0° D ro � N O- 0 Cu n - cl Cu N m 3 n Site Photos 41trilleijnaiiiiiiiii--, . -_ .. ..........., Ik. Jat .. i. It µif �iA�__.'_'__ ., �_ _� , °:y:i wF aJ�. 4�e tip,,•�� I ?y `i.. , i .''� � ury '1� „-,, i ' ^7t ; ,ram .f.4 \ n Holland Lakes Associates, LC Agenda Item 11 Page 11 Site Photos MN r r.-.-'tom <=-.eae�vr._ � r_ a . m 1 1 iiiii , . w • v S ____ SoF w.Im" r__.14 E ■rI iii, 3sai s3dJ _ .ter ' — ,3t3 _ k; - ,1 F i� Holland Lakes Associates, LC Agenda Item 11 Page 12 Disclosure Statement Disclosure Statement Ahri3 coy ftw„aaN.+, Planning&Community "` I elopment The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Holland Lakes Associates,L_C_,a Virginia limited liability company Does the applicant have a representative? Ii Yes E No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?II Yes ❑No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Michael D.Sifen,Sole Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant (Attach a list if necessary) t"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Holland Lakes Associates, LC Agenda Item 11 Page 13 Disclosure Statement Disclosure Statement City olViri>i,uo BmJ. 1.111111111•11.r. Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?D Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? D Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm and individual providing the service 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?El Yes 0 No • If yes,identify the firm and individual providing the service. Finley Design Architecture&Interiors 5. Is there any other pending or proposed purchaser of the subject property?0 Yes •No • If yes,identify the purchaser and purchaser's service providers. 2I Holland Lakes Associates, LC Agenda Item 11 Page 14 Disclosure Statement Disclosure Statement rue of5'un noRnah Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑ No • If yes,identify the company and individual providing the service Michael D. Sifen, Inc. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. Andrew Bowman, Silvercore Land Development Consultants 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. H llan kesA sodate �Ven4iI' titer]liahili ompan I Applicant Signature Michael D.Sifen,Sole Member Print Name and Title . .. . . . . . Date Is the applicant also the owner of the subject property? ®Yes ❑ No • If yes,yeti cc itot^feed to'I at :^e owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date 2021.12.01 Signature Print Name Hoa N.Dao 3I Holland Lakes Associates, LC Agenda Item 11 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Holland Lakes Associates, LC Agenda Item 11 Page 16 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 11 Holland Lakes Associates, LC [Applicant & Property Owner] Conditional Use Permit [Mini-warehouse/Self-Storage] 3478 Holland Road RECOMMENDED FOR APPROVAL—CONSENT David Weiner: Thank you. Now we'll move on to the Consent Agenda and Vice Chair Wall will take over. Jack Wall: Thank you. The next item is agenda item number 11, Holland Lakes Associates for Conditional Use Permit for mini-warehouse/self-storage at 3478 Holland road and Rose Hall District. Eddie Bourdon: Thank you very much. Chairman, members of Commission again, Eddie Bourdon Virginia Beach attorney representing Holland Lakes Associates, LC. I want to thank Hoa for his efforts on this application. Nice redevelopment, and all of the conditions recommended by staff are acceptable to the applicant. Thank you. Jack Wall: Thank you. Is there an opposition for this being placed on the Consent Agenda? Hearing none. We've asked Mr. Redmond to read this into the record. Dave Redmond: Thank you, Mr. Wall. This is an application of Holland Lakes Associates, LC for Conditional Use Permit for a mini warehouse and self-storage facility at an existing shopping center development on Holland Road. Specifically, the applicant sees a Conditional Use Permit for a 130,000 square foot, three story self-storage facility. This will require the redevelopment of a portion of the shopping center, which is on property zoned B2 Community Business District at the corner of Holland Road and Diane Lee Drive. There are two existing units at the front of the property that will remain. And one of which will be added onto it as an interesting development. If you look at the shopping center, this is not shopping center style. It was in vogue at one point where it's in an L with a parking lot in the middle and they tend not to work very well. The property itself could use some tender, loving care. This applicant has proposed a number of improvements to this property in the course of this redevelopment that are very attractive. One of which is a 1 green wall function where panels with vines will be grown on the side of the building to soften and green the appearance of the building... The building itself is a much more modern. Thank you. The building itself is a much more modern presentation than the buildings that are on the site today. There's a ton of retail up and down Holland Road, which is vacant. So simply rebalancing, the types of uses on Holland Road is in an... Of itself an improvement. There are a couple of minor deviations from the setback and landscape requirements, which really weren't the applicant's desire, but are simply defined by the characteristics of the property, where they are, where drainage easements lie. Staff found that none of those deviations would be de detrimental. And the Planning Commission agrees. Finally, the applicant has agreed to install a new monument sign, which will certainly improve. Thank you. Which will certainly improve and brighten the signage that's on the site there today. Long and short of it is, this is a great improvement to a property that could well have used some improvement. The applicant saw that and has done a fine job. I think of creating something that is much more beneficial and fits much better into both the built environment and just into the strategic balancing of resources within the Holland District. The staff recommends approval. There is no opposition to this. The Planning Commission saw fit to put it on our Consent Agenda. And so forward we go, thank you, Mr. Wall. Jack Wall: Thank you. That was the end of the items on the regular Consent Agenda. There is one Short- Term Rental on the STR Consent Agenda, and that is James D. White Revocable Living Trust for Condition Use Permit at 407 18th street. I think that's... And these... You're good. Yeah, you're fine, you can come up here. The Planning Commission places, this application for Condition Use Permit for Short Term Rental on the Consent Agenda, as it meets the applicable requirements of section 241.2 of the Zoning Ordinance, staff supports the application and there's no known opposition to the requests. Mr. Chairman. That's the last item on the regular and the STR Consent Agenda. I make a motion that we approve agenda items two, three, four, five, 11, 13, and 15. And on the short term rental agenda, number 16. Michael Inman: Sorry. David Weiner: Oh yes sir, Mr Inman. Michael Inman: I need to make a disclosure pursuant to the state and local government conflicts of interest act in that these following agenda items have been financed or maybe financed by Towne Bank. That is number nine, Winner's property, 13, Atlantic Development Associates, 16, James D. White. Some of these will come up later in this meeting. As such I have made this disclosure. I serve on the Advisory Board for Towne Bank, which makes no loan decisions. And I believe I can participate fairly and objectively in the public interest. And I will vote on these items. 2 David Weiner: Mr. Redmond. Dave Redmond: Mr. Chairman, I'd like to make a disclosure of my own. I have a letter on file with the City Attorney's office. I have a client in the travel industry and some time ago I disclosed pursuant to the Conflicts of Interest Act that Mike just mentioned. I am unable to vote on either individual applications for short term rentals or for any ordinances that apply to short term rentals. So when I vote on these yeah, on these consent items, I am excluding the short term rental application from my vote. Thank you. Sounds good. Jack Wall: Mr. Graham, Whitney Graham: I, like Mr. Inman, am making a statement, in accordance with state and local government Conflict of Interest Declaration the following items that are on the agenda. Number nine, Winner's properties, LLC. Number 13, Atlantic Development Associates, and number 16, James D. White Revocable Living Trust. I serve on an Advisory Board at Towne Bank, which makes no loan decisions. And I believe I can participate in this transaction fairly, objectively and in the public's best interests. I intend to participate in the vote. David Weiner: Okay. Thank you anymore? All right. We have a motion by Mr. Wall and second by Mr. Horsley, for the Consent Agenda. Madam Clerk: The vote is open. By recorded vote of 11 in favor, zero against agenda items two, three, four, five, 11, 13 and 15 have been recommended for approval. By recorded vote of 10 in favor, zero against with one abstention, agenda item number 16 has been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE 3 Wall AYE Weiner AYE CONDITIONS: 1. When the property is redeveloped, it shall be developed substantially as shown on the exhibits entitled, "Holland Lakes Storage Schematic Layout", dated August 2, 2021, and prepared by Silvercore Land Development Consultants and "Conceptual Landscape Plan, Holland Lakes Storage", dated October 11, 2021, and prepared by Frankenfield Design + Development, LLC, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. This is a deviation to the 15 feet landscape buffer, streetscape plantings, and fencing requirements. 2. A Landscape Plan shall be submitted that contains the plantings and screenings references in Condition 1 above that includes but not limited to the following: a. As depicted on the plan as the 10 feet landscape buffer, along adjacent properties that are residentially zoned, evergreen trees shall be installed at a minimum of six (6) feet in height and be allowed to grow and be maintained at a height of no less than ten (10)feet and the required shrubs shall be allowed to grow and be maintained at a height of no less than four feet; b. As depicted on the plan, the "Green Wall" shall be maintained for the duration of the use. 3. The exterior of the building shall be substantially similar in appearance, architectural features and materials as depicted on the exhibit entitled, "Mini Price Storage Holland Road Virginia Beach, VA", dated September 30, 2021, prepared by Finley Design, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. When the property is redeveloped, the existing freestanding sign for the shopping center shall be removed and replaced with a monument style sign that is substantially similar as depicted on the exhibit entitled, "Design No. 30180", dated October 6, 2021, prepared by Cardinal Sign Corporation, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 5. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14)feet. c. Only motion activated lighting fixtures shall be installed at a height of no more than ten (10)feet along the easternly and southernly property lines that abuts the apartment district. 4 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 7. The trailer on the property shall be removed within 120 days of City Council action. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. T 5 O o 0 (� e _ e 0-------------53 co \I AG2 z__ A_G2 0 ,/ -D oo AG1 73 a AG-1 r /z• -i\. AG�2� / O c o oAG2 -:-- AG2°° Blackwate-r Road N A Site Mutts with a Mission 01-bW: W F Property Polygons 2700 Shirley Landing Drive s Zoning Building Feet 0 80160 320 480 640 800 960 � c 'tom::"�'' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MUTTS WITH A MISSION [Applicant & Property Owner] Conditional Use Permit (Commercial Kennel) for the property located at 2700 Shirley Landing Drive (GPIN 1398326447). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: December 14, 2021 • Background: The applicant, a non-profit, 501 (c)(3) organization, is seeking a Conditional Use Permit for a Commercial Kennel on a 20.33-acre property located in the southern part of the city and zoned AG-1 Agricultural District. The applicant intends to conduct training programs that provide service dogs for veterans, law enforcement officers, first responders, and federal agents with service-connected or line of duty disabilities. The property currently contains an existing single-family dwelling, a 6,063 square foot barn, a tractor shed, and a fenced-in training yard. While up to 50 dogs will be under the applicant's ownership, most of the dogs will live off-site with "puppy raisers" who partner with the applicant in the 24-hour training and care of the dogs. No dogs will stay overnight within the training facility (barn); however, from time- to-time female dogs may whelp their puppies within the existing single-family dwelling for up to eight weeks or until it is time to transition the animals off-site with a puppy raiser. Only one litter will occupy the home at any one time with no more than six litters expected per year. No breeding of dogs or dog shows is requested or be permitted on site, as per the recommended conditions. The applicant intends to host events for up to 250 people for service dog graduations, fundraisers, and open house events, of which up to four per year can be permitted through the Special Events Permit Office. The typical hours of operation will be from 10:00 a.m. to 4:00 p.m., Monday through Friday, with evening hours between 6:00 p.m. and 8:00 p.m. • Considerations: In Staff's view and the Planning Commission concurs, this kennel is an appropriate use in the rural area of the city with appropriate limitations. Section 223 of the Zoning Ordinance requires that kennel structures within 100 feet of an adjacent property line not be occupied by animals unless the structure is both air- conditioned and soundproofed. The buildings are over 100 feet from the property line and over 200 feet from the adjacent dwellings, thereby meeting this requirement. Mutts with a Mission Page 2 of 3 The Planning Commission removed Condition 4 that recommended all dogs be kenneled between the hours of 9:00 p.m. and 7:00 a.m., with the exception to breaks for urination and defecation. Since the applicant will be on their property during these hours, the Planning Commission believed that this condition was unnecessary and removed it. The Planning Commission also revised Condition 1 to read that there be no more than 20 dogs over 12 weeks old and a maximum of dogs under 12 weeks old on the property at any time, excluding all graduated service dogs and up to four of the applicant's personal dogs in that count. This was a change from the original condition that stated that there shall be no more than 20 dogs on the property at any one time, which Staff now recognizes may have conflicted with ADA regulations related to service dogs. These changes are identified in the conditions by strikethrough and underline text. There were five speakers in attendance at the Planning Commission public hearing, three speakers in support and two speakers in opposition. Those opposed to the request noted concerns related to traffic, loss of country view, and the negative impact on property values. In addition to speakers, Staff received 72 letters of support, 11 letters of opposition as well as a petition of opposition with 35 signatures. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. • Recommendation: On November 10, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. 1. There shall be no more than 20 dogs on the property at an„ time over 12 weeks old and a maximum of 10 dogs under 12 weeks old on the property at any time. This count excludes all graduated service dogs and up to four of the applicant's personal dogs. 2. All dogs, when outside, shall be supervised at all times, and shall not be a nuisance to any other property owners or residents. 3. The dog kennel and dog training area shall be maintained in a safe and sanitary condition. 4. All dogs shall be kenneled within the single family dwelling between the hours defecation. 5. No dogs shall be kenneled within the indoor training facility (barn). 6. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 7. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. Mutts with a Mission Page 3 of 3 8. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 9. Dog shows shall be prohibited. 10. There shall be no breeding of dogs on this site. 11 . All Special Events on the site shall be permitted by the Special Events Office and be restricted to up to four events per year or as deemed appropriate by the Special Events Office. 12. The applicant shall comply with Section 223 of the Zoning Ordinance. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (72) Letters of Opposition (11) Petition of Opposition (35 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner Mutts with a Mission Agenda Item Planning Commission Public Hearing November 10, 2021 City Council Election District Princess Anne 6 ,,,„ Virginia Beach Request Conditional Use Permit(Commercial Kennel) Staff Recommendation Approval ,,�• Sw' p Staff Planner t, i Marchelle Coleman Location 2700 Shirley Landing Drive GPIN 1398326447 Site Size 20.33 acres AICUZ e Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District f * • l;• Single-family dwelling, horse farm/AG-1 i i F Agricultural `- • Surrounding Land Uses and Zoning Districts �> *, North f • Undeveloped lot/AG-1&AG-2 Agricultural .� { ; South :<�: = r , q Single-family dwelling/AG-1&AG-2 c Agricultural .#: r East , , ,a + .max ��,F -•,y Marsh,wetlands/AG-1&AG-2 Agricultural F ` r • ie .,'x '' West o , Single-family dwelling/AG-1 &AG-2 �# _ • Agricultural • - -;`"' •f ' ' w^,• Mutts with a Mission Agenda Item 6 Page 1 Background & Summary of Proposal • On December 5,2000, a Conditional Use Permit was granted on this site by City Council for a Riding Academy and Horses for Boarding.The applicant would like to keep the previous Conditional Use Permit active, in the event that an opportunity arises for the use to be active on this property again.This new applicant and property owner is requesting a Conditional Use Permit for a Commercial Kennel for over 50 dogs on the 20.33-acre property located in the southern part of the city and zoned AG-1 Agricultural District. • The property currently contains an existing single-family dwelling,a 6,063 square foot horse barn,a tractor shed, and a fenced-in training yard. • The applicant,a non-profit,501 (c)(3)organization, intends to have over 50 dogs at any one time in their ownership and within their training program to provide service dogs for veterans, law enforcement officers,first responders, and federal agents with service-connected or line of duty disabilities. While they may have over 50 dogs,the majority will live off-site with "puppy raisers"who partner with the applicant. Currently,the organization has 27 dogs in training,with 26 of the dogs living with puppy raisers off-site. • The existing single-family dwelling on the property will be occupied by a kennel manager and family. In addition, dogs associated with the training program will be kenneled from time-to-time overnight within the existing home. This structure is located approximately 217 feet from the nearest residence and will remain air conditioned and heated. While breeding occurs off-site,female dogs will whelp and raise their litter for up to eight weeks within the house until it is time for the puppies to transition to an off-site puppy raiser's home.The puppy raisers will raise the puppies off-site and will bring the puppies back for routine service dog training.The applicant aims to have one litter at a time within the single-family home,so they can spend the appropriate amount of time and training with each litter.While the number of litters may vary per year,the most litters that they would expect per year would be six. • The existing 6,063 square foot barn will be used as an indoor training facility for the dogs. No dogs will stay overnight within the training facility(barn),and Condition 5 is recommended to reinforce this. The existing horse barn is approximately 265 feet from the closest residence. Both the single-family dwelling and the indoor training facility are over 100 feet from the property line,which meets the requirement set forth in Section 223 of the Zoning Ordinance. • As depicted on the conceptual site plan,the applicant will utilize the existing buildings on site to conduct daily activities. • The typical hours of operation are proposed as 10:00 a.m.to 4:00 p.m., Monday through Friday.With some evening hours available for puppy raisers who are not available during the typical hours of operation.On a case by case basis, puppy raisers will, by-appointment only, request an evening training session that would likely be between the hours of 6:00 p.m.to 8:00 p.m. • The applicant also intends to host events of up to 250 people for service dog graduation ceremonies,fundraisers, and open house events.These events would be permitted through the Special Events Permits Office,which limits these events to up to four per year. • There will be two full-time employees,one part-time employee, and two-part time remote employees who run the day-to-day operations of the organization. Mutts with a Mission Agenda Item 6 Page 2 .414 Y - Zoning History 111 •.N, # Request •„ 1 CUP(Residential Kennel)Approved 07/03/2012 • , 2 ! rr4it 3 00 a •m a 4 SVR Approved 08/10/1999 CUP(Alternative Residential Development)Approved \ r" 08/10/1999 • • _ p 5 CUP(Church)Approved 08/17/1981 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This request for a Conditional Use Permit for a Commercial Kennel is acceptable under certain conditions. In Staff's opinion,this kennel,which is located on an over 20-acre site, is an appropriate activity in the rural area.Section 223 of the Zoning Ordinance requires that kennel structures be within 100 feet of the property line of any adjacent lot,except where animals are kept in soundproof, air-conditioned buildings. In this instance,the training facility and the single- family dwelling meet this requirement, as they are both over 100 feet from any property line.As mentioned previously, the closest residences are more than 217 feet from the existing single-family dwelling and over 265 feet from the training facility.The outdoor play and training areas will be located within the fenced-in areas on the site.There are no outdoor kennels proposed on this site,as all the dogs who stay overnight will be housed inside of the single-family dwelling. Many of the adjacent property owners'concerns are related to increase in traffic along Shirley Landing Drive and Blackwater Road. Many of the neighbors believe that the increase in traffic will negatively impact the safety of the children and residences who often walk and ride their bikes on Shirley Landing Drive.According to Traffic Engineering Staff,there is no trip generation data available for kennel facilities.As mentioned previously,the majority of the traffic will occur periodically throughout the day for the puppies being brought to and from the site for training.The most intense increase to traffic will occur during the infrequent special events that will be reviewed and approved by the Special Events Office.While there is no trip generation data available for the larger events,Traffic Engineering Staff believes that there would be a very short traffic congestion on Blackwater Road and Shirley Landing Drive during the ingress and egress periods for the special events proposed for up to four times per year. Staff is recommending a condition to limit the number of dogs allowed on the property at any time to no more than 20 dogs in order to reduce impacts to adjacent residents.The applicant's request for over 50 dogs on-site at one time is too intense for a residential street. While the applicant can still train and own over 50 dogs in association with this operation,as the majority of the dogs will live off-site with puppy raisers and will only be on-site for training during operating hours or by appointment only,Staff believes that the reduction in the number to 20 is reasonable and consistent with similar requests reviewed and approved by City Council in the rural area.According to the applicant, people visiting the site on a day-to-day basis and those attending the special events will utilize the existing parking area Mutts with a Mission Agenda Item 6 Page 3 on the site adjacent to the existing barn. If necessary, and for special events only, the space around the building and the public street in front of the property can be utilized as a last resort effort. According to the applicant, solid waste is picked up daily or as it occurs and is disposed of in a sealed waste can. The bags are tied and then placed into a commercial trash container that is emptied regularly by the employees. For odor control and liquid waste,the employees utilize mops and buckets with the either bleach, OdoBan, or Wysiwah to disinfectant and control waste on the site. The applicant will be required to ensure that all dog waste is collected and disposed of in a lawful manner. Based on these considerations above, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. There shall be no more than 20 dogs on the property at any time over 12 weeks old and a maximum of 10 dogs under 12 weeks old on the property at any time. This count excludes all graduated service dogs and up to four of the applicant's personal dogs. 2. All dogs, when outside, shall be supervised at all times, and shall not be a nuisance to any other property owners or residents. 3. The dog kennel and dog training area shall be maintained in a safe and sanitary condition. 4. ., exception to breaks for urination and defecation 5. No dogs shall be kenneled within the indoor training facility (barn). 6. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 7. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 8. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 9. Dog shows shall be prohibited. 10. There shall be no breeding of dogs on this site. 11. All Special Events on the site shall be permitted by the Special Events Office and be restricted to up to four events per year or as deemed appropriate by the Special Events Office. 12. The applicant shall comply with Section 223 of the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Mutts with a Mission Agenda Item 6 Page 4 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area. The Rural Area is located in the southern half of Virginia Beach, south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation,tree farms, equestrian facilities,wetland banks,fish farms, and other similar uses.An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach's valuable environmental, scenic, and agricultural resources in the Rural Area against inappropriate activities and intense growth pressures. (p. 1-120) Natural & Cultural Resources Impacts The property is within the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Shirley Landing Drive No Data Available 9,900 ADT 1(LOS°"D") Existing Land Use 2-10 ADT Blackwater Road 1,450 ADT' 12,000 ADT 1(LOS°"D") Proposed Land Use 3—No Data Available 1 Average Daily Trips 2 as defined by a single-family 3 No information available in the 4 LOS=Level of Service dwelling on an AG-1 zoned ITE Trip Generation Manual for parcel kennel facilities Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The site is located off Shirley Landing Drive on the east side of Blackwater Road. Shirley Landing Drive is a local two-lane residential roadway. Blackwater Road is a rural two-lane highway, and this segment is not shown on the MTP Map. There are no CIP projects in this vicinity. Public Utility Impacts Water & Sewer City water and sewer is not available to the property. The Health Department has approved the private wells and septic systems on this site. Public Outreach Information Planning Commission • 72 letters of support were received by Staff. 11 letters of opposition have been received by Staff noting concerns related to increase in traffic, noise, litter and trash, reduction in property values, and concern with the number of dogs allowed on site. A petition with 35 signatures has been received by Staff noting opposition to this request. Mutts with a Mission Agenda Item 6 Page 5 • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 11,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,October 24, 2021 and October 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 25, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on November 4,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 28, 2021 and December 5, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 29, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on December 10, 2021. Mutts with a Mission Agenda Item 6 Page 6 Proposed Conceptual Site Plan 1i i �rii r • - !ill :i4li; t �• 11 it1'(i II ti. I[i a. . ti 3i i Ij li E(�t14i'' z f r-' • i it!II,it iiiii(gi{iii \ . =.• , i i• r 4;1,1 it iiiiiiii 1 /> - 1 \ ♦ ' 1 , -!-- f • / ,i''r _ . `,�_ tom/ r.i , ,i I ` ' '' , c t I C i • r a M m gy N " r C I . .• C / •�_ C Cn. OO 1- •.• A it i t ' la f• I- 1\ • '' // 4; • sx a o hi � ~ i ¶ 2 i '' . E • - a 1 `i j ;+ , I t it t '' 1 ! 1° 7r ■• •a; ,� 5 i1 N .� . & l � s if .i.I • > — Eli 5. g 1 ;.! piA• C e — n ) s d o -o F- Mutts with a Mission Agenda Item 6 Page 7 Site Photos ',',.; • - .., . .. -..;,..- - ..., .0, P-- . , . • .iiit14, , , -. . . , . .- ..,., i. , ...,.. 0,- . fip--.. it•, .. -1. , 4 .. . • it f -:. - 1 0 ' • •• i t. . .... ;' ' --4-` '' ...-7 • 1• , r iv 10 . _ ... , w , _........ — ,• .„.A ten4 P ,' ' 1 , • , ii,.. t .• , . •- - , , !.....,,- •., .,.., .- , , • .,':-' .= ._ • ' -F 4:., .. 1 - - r -'- \11, • , PI ., . . . tt. ' • _ --- , • .. , k• 1 vi..),--t--4,-'1xci4.44 *%‘'':. 4''''' • 1 '''' itgit.-,4:•4-.- ' ' % : ,,,, , zr•,IF, . . ,0444,- • , Mutts with a Mission Agenda Item 6 Page 8 Site Photos • • • rt _ _ f .,g y. .1( :M -b 1111 'r •: . p • Mutts with a Mission Agenda Item 6 Page 9 Disclosure Statement Disclosure StatementNAB Planning&Community Development misaaw„......:. • I he disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Mutts with a Mission Does the applicant have a representative? I Yes ❑ No • If yes,list the name of the representative. Brooke Corson,Executive Director Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Renice Zimmerman:Board of Director-President;Allen Miller:Board of Director-Vice President;Beverly liavlik:Board of Director-Secretary;Robert Tutewohl:Board of Director-Treasurer(Becca Kalina is a stand in while Robert Tutewohl is deployed with the U5 Navy);Brooke Corson:Board of Director/Founder/Executive Director • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) n/a 'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2.3101. i'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(if one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(xi)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I Mutts with a Mission Agenda Item 6 Page 10 Disclosure Statement Disclosure Statement city W1,1170111 lkw* Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action,❑Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ®Yes ❑No • If yes,identify the financial institutions providing the service. BB&T 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?`Yes ❑ No • If yes,identify the firm and individual providing the service. CWDL,Dan Johnson 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ No • If yes,identify the firm and individual providing the service. VIA Design;Scott Campbell 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09 2020 2 I Mutts with a Mission Agenda Item 6 Page 11 Disclosure Statement Disclosure Statement Ni13 Ll'ry oJt'irgie,jn Reach Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes P No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm and individual providing the service. S. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?•i Yes ❑No • If yes,identify the firm and individual providing the service Virginia Beach taw Group;David Johnson Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Brooke Corson;Executive Director Print Name and// Title V` i— POd Date Is the applicant also the owner of the subject property? ®Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 1211 No changes as of la 11/27/2021 Signature "I"t"1"• Marchelle L. Coleman Revised 11.09.2020 3 I f' Mutts with a Mission Agenda Item 6 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Mutts with a Mission Agenda Item 6 Page 13 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item #6 Mutts with a Mission [Applicant & Property Owner] Conditional Use Permit (Commercial Kennel) 2700 Shirley Landing Road RECOMMENDED FOR APPROVAL— HEARD David Weiner: Great. All right. Before we move on to item six, I want to point out something to everybody. When you come up here to speak, there's a little yellow light that will start blinking. And that yellow light means that you have 30 seconds to start wrapping up your comments. And when red light comes on, that's when your comments need to stop. Okay? Madam Clerk: Our next agenda item is agenda item number six, Mutts with a Mission. It's an application for a Conditional Use Permit Commercial Kennel, on property located at 2700 Shirley Landing Drive in the Princess Anne District. Would the applicant or the applicant's representative, please step to the podium. David Weiner: Welcome. Please state your name for the record. Brooke Corson: My name is Brooke Corson. Brooke Corson: Good afternoon. As I said, my name is Brooke Corson and I'm the Executive Director of Mutts with a Mission. First of all, on behalf of Mutts with a Mission, I would like to thank the Planning staff and especially Marchelle, who's gone through this process with us and the Planning Commission for reviewing and considering our application today. This is our first time being involved in something like this and it's been a big learning experience for us. Just so you know, this is Ike. He's one of our dogs in training. So, he's 16 months old. We appreciate all this Planning staffs time and guidance with our applications components and the information they provided prior to Mutts with a Mission, purchasing the property. Mutts with a Mission was founded in 2008 to fulfil a desperate need for high quality service dogs, specifically for Veterans, Wounded Warriors, and later on, we added first responders and law enforcement with either line 1 of duty or service connected disabilities. We were very proud to say we are one of three Virginia based service dog organizations accredited by Assistance Dogs International. Assistance Dogs International accreditation means that our veteran teams are eligible for benefits through the Veteran's Administration for their service dogs. And that our teams are also allowed to travel internationally and be recognized as service dogs in foreign countries. Additionally, our accreditation means that our facility dogs placed with law enforcement departments in Virginia are recognized per state law. We are aware of the opposition and have worked diligently with the Planning and Zoning Departments to mitigate some of the opposition's concerns. There have been misunderstandings because we don't fit neatly into a category, like having to apply for a commercial kennel license, even though we don't fit the commercial or the definition of a commercial kennel, because we needed to receive money for our dogs. They're actually donate... We give them to our recipients, nor are we open to the public. So, we don't bring in dogs from the public to do... There have been questions about daycare, about overnight boarding or training. We don't do that. We only work with our puppy raisers, and our recipients and their dogs. As we have learned how to work through the process, we have scaled back our initial request. We are requesting to utilize the existing barn and fields as a training facility, as detailed in the application before you. Additionally, we are requesting a few clarifications to the following conditions. Is this the appropriate time to ask that or? David Weiner: Sure. Brooke Corson: Okay. Thank you. So, our first request is on item number one, or I'm sorry, recommended condition number one, which states there should be no more than 20 dogs on the property at any time. Our request is that we have an exclusion for our trained and placed our work, what we call our working service dogs. These are service dogs who have been placed with their handler and are now fall under the Americans with Disabilities Act as a service dog to exclude them off of the property, if we were to have a graduation and graduated dogs and things like that, if they attended, which they do, they come back to support the puppy raisers and the people that are graduating, to exclude them would put us at risk with a Department of Justice complaint. So, because these... It would be to exclude our placed, our finished, our previously trained service dogs. It would be like saying, we can only have 20 wheelchairs on the property and then saying, oh, number 21, sorry, you can't come because you're in a wheelchair. These dogs, once they've graduated our program, are considered medical equipment by federal law. They fall under the American with Disabilities Act. So, we are requesting that it has an exclusion for, that number one has an exclusion for what we call working service dogs. These are dogs that have completed their training and are no longer in training with us and they're working with their recipients. David Weiner: So, I don't understand what you're asking for? 2 Brooke Corson: So, in the condition, it says there should be no more than 20 dogs on the property at times. So, we're asking that trained service dogs, that fully trained service dogs are excluded. Dogs that we have placed and are no longer in our training program that have graduated, that they be excluded from that 20 dog limit. David Weiner: How often will they come back? Brooke Corson: We have graduations. Two, generally one to two times a year. So, they would come back for a graduation or if we had like an event, which we know we would have to go and get a permit for, but they would probably come back for that event. So, adding some of our graduates... Now, all of our graduates are not here in Virginia. We have graduates throughout the country. So, we have several that do come back for our events or just to come back and support a graduation, things like that. Michael A. Inman: I understand what she's asking for. Service animals is a defined term in federal law. And there are laws about... David Weiner: There's a difference between service animals and actually trained animals. Brooke Corson: Yes sir. Yes, so there's a difference in Virginia and in federal law. And then also, for number one, we request that it say, instead of just saying 20 dogs, have say 20 adult dogs and the reason for this is because in the proposal, we will be, sometimes throughout the year, we will be whelping out puppies. So, if we were to have a litter of puppies and then had adult dogs on the property as well, it would just cause an issue. And I know the other Conditional Use Permits that have been issued in Virginia Beach and especially in our area do specify adult dogs versus puppies. Generally, our puppies is, as you seen in the application, if we whelp out a litter, those puppies will go to their puppy raisers between 8 and 10 weeks old. So, they will actually then go off property. But we're requesting that adult dog... I'm sorry? Michael A. Inman: What constitutes an adult dog? Brooke Corson: 3 So, I think, by what standards are, is two, but we would be willing to say a year. I mean, really, truly like when we say an adult dog, we place our dogs when they're two, once we're through training, but by saying, we're just asking that the puppies that we whelp out and have to raise to a certain age, not only by law, but by responsibility that they not be included in this 20 dog limit. Michael A. Inman: I understand. Brooke Corson: Yes, sir. David Weiner: Okay. Brooke Corson: And then the last one would be, so number four, all dogs shall be kennelled within the single- family dwelling between the hours of 9:00 PM and 7:00 AM with an exception to breaks for urination and defecation. In the initial discussion that we had had with the staff planners, the planning staff, I'm sorry. We had also said that, in the discussion we had, that the exception, there are several dogs that live on the property with... Okay, so I live in the house, my family and I live in the house, to be completely transparent right now. And we have our own personal dogs. So, what we're asking for number four is that it also be put in there that resident dogs that they're allowed to be walked and worked with either before or after those hours, because I will... It's nothing when it's light out at six o'clock in the morning for me to go take the dogs for a walk in the field, prior to going to work. Because I know that they're going to like see you guys later once I go to work. So, we're just asking that as long as the dogs are monitored in the hours, in between that time period that they be allowed to get out and exercise and or train, and those would be resident dogs. Donald Horsley: How many resident dogs do you have? Brooke Corson: 4. Donald Horsley: If it's over 4, you got to have a... Brooke Corson: 4 That's why we've applied for our conditional use permit Donald Horsley: You just turned one out, didn't you? Brooke Corson: Four dogs over the age of six months, I think is the city regulation right now. David Weiner: So basically, what you're saying on number four is your personal dogs. Brooke Corson: Yes or also, so Ike lives with me right now. I'm Ike's puppy raiser. So, if I'm out in the morning, I go take him for a walk. It would be residential dogs on the facility or at the property. Yes, sir. Because I mean like, does that mean, if I have to follow this, that means Ike doesn't get to go for a walk in the morning. But they would be monitored. They wouldn't just be turn loose to go run willy nilly and bark, because I know the barking is a concern and things like that. They would be monitored. David Weiner: When you take your dogs for a walk, do you leave your property? Brooke Corson: No, sir. The entire property's fenced in. David Weiner: Okay. Brooke Corson: And personally, I have terriers and as much as they would love to go run free, I can't do that in good conscious. David Weiner: I understand. Just curious. Okay. Brooke Corson: Yes. No, so they stay on the property. 5 David Weiner: All right. Brooke Corson: So those are our requests. And prior to the purchase of property, we did preliminary consultations with Planning and Zoning. With the property having a conditional use for horse boarding and a riding academy, as well as an active breeding kennel next door. It seems that this use would be in keeping with the character of the area. As such, we look forward to continuing to serve wounded warriors, veterans, and line of duty injured first responders. Thank you for your consideration. David Weiner: Any other questions? Robyn Klein: I have a question. Is it possible that you could have three sets of puppies at one time? Brooke Corson: Do you know the amount of work that goes... No, so it's entirely possible, but we want to mitigate that. We don't want that to happen. And the reason why is there's a difference between raising regular puppies and then raising service dog puppies. And because we're part of what's called the Assistance Dogs International Breeding co-op, the puppies that whelp will actually go out to other programs within the country, we'll keep X amount and then put them with our puppy raisers. So, there's an extra level of what we have to do with these puppies those first eight weeks. So, to have... Say you have anywhere between five to ten puppies, to have 30 puppies at once you would never be able to do the training and be able to do everything that you would need to do to really give these puppies a good start so that they have a chance to make it as a service dog. Brooke Corson: And we always tell people, not every dog can be a service dog. And so it's even added pressure for us because we have to send these out to other programs. We don't want them to get a dog from Mutts with a Mission and go, "They send us garbage. Thanks for the puppy. Now we have to place it somewhere in a home and it can't be a service dog." So no, we would try, whether that be we skip a heat cycle or something like that, we would honestly prefer to have one litter on the ground at the facility at a time. Now, if we had a competent puppy raiser down the road that wanted to raise one at their house, that's totally separate, but no, we're not trying to be a breeding facility. We will have puppies, but it's our intent to focus on training these dogs. David Weiner: 6 Mr. Bradley. David Bradley: I just want to clarify the first thing you said, and then I'll ask you a second question. So, the 20 dogs- Brooke Corson: Yes, sir. David Bradley: So, you want more than 20 dogs for just the four events that you can get a year or even in addition to that? Brooke Corson: In addition. But with those additional 20 dogs, it's not that we want... So, we're fine with the 20 dogs, but we need there to be an exclusion for trained service dogs, for finished service dogs that are out working in the public. Not that we can have... It's basically like they don't fall into that category if they've graduated. David Bradley: So, reading the letters of opposition, can you talk a little bit of what a typical day would look like as far as traffic to, and from that site? In other words, if there were 20 dogs on site do all 20 car come at once, is it... Brooke Corson: No, sir. David Bradley: Tell me what it looks like on a busy day. Brooke Corson: Okay. So yes, sir. So usually, generally, Wednesdays are our busiest day. We start training about 10 o'clock and then depending on where dogs are in their stages of training, because we have dogs anywhere from eight weeks old to getting ready to graduate and we graduate our dogs at two years. So, we want to make sure they're temperamentally and physically mature. So, puppy raisers would come for about an hour. Generally, we'll have anywhere from one to, I would say probably at most four puppy raisers, maybe five depending on the ages of the dogs in for a class. If you have too many puppies, you can't make sure everybody's doing what they- 7 David Bradley: So, five cars in that situation, probably? Brooke Corson: Roughly. Yes, sir. I mean, it- David Bradley: And they leave in another five or? Brooke Corson: And then maybe an hour later one shows up. It's not a constant stream of traffic. No, sir. There's more traffic with construction going or renovations going on or people coming and turning around in the circle and things like that. Our people come down, they park, they train and then they leave, no sir, it's not a business, it's not a constant stream. And we are a non-profit and we are able to schedule... Our puppy raisers are volunteers, so we do work with their schedules and so maybe we'll have somebody who can come at noon and then I have another person maybe at two or something like that, but it's not- David Bradley: So why would you need the 20 then? I guess it's- Brooke Corson: So, if we have an event or if puppy raisers want to come meet up one day, one afternoon and say, we're going to have... So, the 20 dogs includes when we... About two months out of a graduation, we'll bring back the dogs that are getting ready to graduate. Now we are a smaller organization, we're not like Canine Campaigns for Independence who's graduating 500 dogs a year. Right now, we have 26 dogs... 27 dogs in training. So, we don't have huge graduating classes. One thing we pride ourselves on is being a family organization that people come in and they feel like they are part of the family. And so, if we had 20 dogs we may have five dogs that are getting ready to transition or go through what we call transition camp, which is the two weeks when we pair them up with their veteran or their, or their law enforcement, their recipient. So, we may have five dogs on site and then you have my four personal dogs, my two and two of my kids dogs. And then, there may be, say five puppies that they've grown up together and the puppy raisers want to come, let them play in the field or something like that or work through some of the equipment. So, we're just trying to make sure that all our bases are covered. David Bradley: If I can have just one last follow up here? 8 David Weiner: Sure. David Bradley: So, I've been out to the site. The parking is in front of the barn, is that so the gate would be open or whatever was there? I can't remember if there was a gate there. Brooke Corson: We did put a gate in there. Yes, sir. That just so- David Bradley: So, there would be no need to park on the street? Brooke Corson: No, sir. Not for regular everyday traffic. If we had an event, then of course we would work through the city with parking and everything like that, but no Sir, with the amount of puppy raisers that we have and the limited staff we have, that it would be... A normal working day, there would be no need to park on the street. There is parking around the building. David Bradley: Thank you. David Weiner: Whitney, do you have a question? Or Jack? Jack Wall: Sure. So, you actually have employees? Brooke Corson: Yes, sir. Jack Wall: More than one. So, you have a couple employees, a couple full-time or is that- Brooke Corson: 9 So, we have a total of two full-time employees and then we have three part-time employees, but two of those part employees work remotely, one lives down in Florida and one lives out in Las Vegas. Jack Wall: So, I guess they're the trainers? Brooke Corson: No, sir. I'm the trainer. Jack Wall: Oh, you're the trainer. Okay. All right. So, the noise, it was mentioned that these dogs aren't the yelping hunting dogs. Brooke Corson: No, sir. They're not, no. Jack Wall: That would typically be kennelled. Brooke Corson: Correct. Jack Wall: Yeah, I guess this is subjective, but would you say that it's a nuisance? I mean any noise coming from the barn? Brooke Corson: I think there's five to six of our service dogs in training in this room right now. Jack Wall: Oh Really? Brooke Corson: Yes, Sir. Jack Wall: 10 Okay. Brooke Corson: So, no, sir. No. I will admit, I have terriers and when I work them they get excited and they bark. But they're not allowed, that you can ask my husband he's back there, they're not allowed to just sit there and bark randomly. And we do try to be cognizant of the noise, but I would say there's no extra noise than the dogs on either side of us or across the street or down the road. No, sir. Especially not our service dogs, no. I mean... Jack Wall: Okay. And I completely agree and understand the adult dogs, the 20 adults dogs. Brooke Corson: Yes. Jack Wall: But you also have, from what you're saying is that the puppy raisers get them at 10 weeks? Brooke Corson: Eight to 10 weeks. Yes, sir. Jack Wall: Eight to 10 weeks. So, it's really after that 10 weeks that it's just going to be either the resident dogs, or it's going to be those that are being trained. Brooke Corson: Correct. Jack Wall: So, why wouldn't it just be up to age 10 weeks instead of up to age one or- Brooke Corson: Well, if we were to have... I mean this is worst case scenario in all honesty. Taking care of 20 dogs and then still having to go to work and train everybody, that's a lot, but this is worst case scenario that if someone were to be unhappy with us and come back and says, they have a litter of 12 puppies right now. And then we have to ship some of our puppies, once we have them. We do have to ship them throughout the U.S, or the programs will come and get us. We've driven down to Florida a couple of months ago and picked up four puppies from 11 Southeastern Guide Dogs. So, they may have to be housed until we can... Usually what we do is we house them in house until we get their first vet appointment with us. And then once they have their vet appointment, then they go out to their puppy raisers. Because we want to make sure we're not sending out an unhealthy dog with intestinal parasites or something like that. So, this is just kind of making sure that we have all our bases covered. Jack Wall: Okay. All right. David Weiner: That's... Yes, Ms Klein? Robyn Klein: You are currently working out of a facility in Suffolk? Brooke Corson: No, ma'am. We rented a building over in Portsmouth off of High Street. Robyn Klein: Okay, so in your Portsmouth building, how many dogs would you say that you had at any one time at the facility? Brooke Corson: So, at that facility, the most that we ever had at that building was... I'm trying to think. Excluding an event or just- Robyn Klein: Excluding an event. Brooke Corson: Okay, excluding an event. Probably the most we would ever have at one time was 21. Now I'm going to make a qualifier, with COVID, we had to bring back dogs and they wound up staying with us. They wound up staying with me a lot longer because we had planned transition camp in for March. And then, because of all the regulations that came down, we wound up pushing that to, I think it was May or June. I forget exactly, I think it was June. So, we had upwards... And then we had those dogs that were ready to transition, they were ready to transition that were there because we lived in Suffolk, so I couldn't just leave them home for- Robyn Klein: 12 You used to live in Suffolk? Brooke Corson: Yes, ma'am. For long periods of time. So, they would be there and then we'd still have our training dogs come in and out throughout the day. Brooke Corson: But they're not... You wouldn't walk into the training facility and go, oh my gosh, this is... It's nothing like a dog daycare or anything like that. These dogs are quiet. The only time they really bark is if they were to alert. If we had someone who was hard a hearing or that if they zoned out and physical touch wouldn't be enough, but that noise would startle the person out of maybe a dissociative state or something like that. But we do discourage barking for the most part. Robyn Klein: And when you do have litters, based on the types of dogs that you have, what would you say is the maximum number of puppies in a litter? Brooke Corson: That's a hard question. Robyn Klein: Maybe a rough estimate. Brooke Corson: So, a rough estimate, so we mainly use labs, goldens, and then we've been getting lab golden mixes from the breeding co-op so, 10 ish? Say 10. I just saw online today a friend sent me, their Malinois had 16 puppies, I'm like, "Oh my gosh. I can't because they all bite by the time they get their teeth. So no, I'm good." But I would say ten-ish, yes ma'am. David Weiner: Okay. Let's go ahead and listen to the speakers and you and I can come back up here for rebuttal. Brooke Corson: Sounds good. Yes, sir. Madam Speaker: Okay, first one of our speakers, is Alan Heilman here? Followed by Patrick Flanagan. 13 Alan Heilman: Hello. David Weiner: Please state your name for the record. Alan Heilman: Alan Heilman. I'd like to start out by saying that all of us here appreciate what they do for the veterans. Our issue that has come into the neighborhood with no thought or consideration given to how it would be affecting the residents. There was no effort to talk with us as a group, to plan or an action or even consider what our concerns might be moving into this neighborhood. I will say the first time I met Brooke and speaking with her was November 5th. This corporation has grown, in the past five years, to a multimillion dollar identity with donations totaling 13.8 million. By their own admission they are still learning on how to handle their growth. Our concerns have been noted and passed to the Commission, as you all have seen, the pictures that we sent and gave you all was encouraged by Ms. Coleman to document our concerns. Alan Heilman: I used the word corporation because that is what they are. They were a nonprofit formed and license in New Jersey 2009. In our opinion, they are hoping your hearts go out to them and they are approved based on the work with the veterans. It should be based on what is best for the neighborhood, both for coherency and curb appeal for the involved. The special events that we are concerned about can possibly go up to 250 people at these events, four times a year, which has already been discussed. The main thing we are asking for the Commission to see, is that the corporation is not what the neighbors need here and how the growth will have to endure from the city. How many more calls, emails, planning meetings will it take?The original application that was submitted in July had 6,000 square foot administration building, the existing barn converted into a training facility, which was 5,800 square feet, 5600 square feet worth of kennels, 1300 square feet of maintenance sheds, 1500 square feet of dog kennel, dog care facility, 2500 square foot kennels, 4,000 square feet of shade structures broken into five at 800 square feet each, Memorial garden, various parking lots and a thousand foot square diving pool. Alan Heilman: This was not a dream of an architect. It was drawn up for Mutts with a Mission from their input for this property, the that's what they initially wanted. This was their plan until they were told by Ms. Coleman that what would be needed to accomplish it, which was a lot. Now they are just trying to get the doors open so they can open, and expansion will continue. As you have seen- David Weiner: Thank you very much for your comments. Any questions for the speaker? 14 Whitney Graham: It's more of just a comment. Maybe we're used to seeing it every day, but it's common for an applicant to think of a wishlist, "This is... I'd love to have all this." And then when they come into staff, staff will work them to a point where really for the applicant, sometimes it's almost what can you live with application wise to make this work so that we can support you. So I think that's what you saw there, an applicant probably came in, asked for a lot and by the time staff got done with him it was less, but it's something that would work for this applicant. Alan Heilman: Okay. Whitney Graham: So, I just wanted to comment on that, that's not out of the ordinary. David Weiner: Okay. Any other questions? Jack. Jack Wall: So, where do you live on- Alan Heilman: 2720, I'm next door. Jack Wall: You're right next door, okay. Are you next door to the south or next door to the left of the... Alan Heilman: From their location to the right or if you're looking at it, it would be to the right. Jack Wall: Okay. David Weiner: Thank you, sir. Madam Clerk: Okay. Patrick Flanagan followed by Jack Lockman. 15 David Weiner: Welcome, Sir. Patrick Flannigan: Hello. As I said, my name is Patrick Flanagan. This is my service dog Knox. Hang on. I have to apologize. He just woke up. Patrick Flannigan: Okay. I guess... I'm so sorry. Background about myself,just a little brief background. I, like many veterans, we went and did our thing, came back from the Middle East primarily over the last 20 years, and had some issues that came back with us. So, Knox is... I fought it for a long time, but he is a godsend. He has allowed me to one, go out in public and not really be on guard or ready to hurt anything that perceives a threat. He is smelling something right now. Patrick Flannigan: He is... How would I say? I think he would be like a, my wife hates this, a private school kid, if you will. He's very straight stick, very black and white, he doesn't bark, he's travelled all throughout the country with me. Mutts with a Mission has given me numerous countless positive effects. So... Apologies, I'm not good at speaking in public. So, from my perspective, Mutts has... Over the last two years, he's just over two years old, over the past two years, training him myself has helped me to realign my thinking in the way I function in society. I've also seen other individuals; other veterans benefit from their dogs. I've actually watched and I'm sure people watched me grow with him. I watch them grow with their dogs and it's amazing. It's very miraculous. So,l would say that Mutts with a Mission is by far a very needed thing in society. And especially with the amount of veterans you have walking around with unforeseen issues, unforeseen challenges. Now of course, the facility they were at was in Portsmouth, so I felt like I was back in Ramadi sometimes, but the new facility is a great place and very good as far as training goes and the training applications that they can do there. So, I'm just going to stop rambling. Thank you very much for your time. David Weiner: Thank you. Dee Oliver: Thank you for your service. David Weiner: Thank you very much. Donald H. Horsley: 16 Excuse me, sir. You don't live on Shirley Lane, do you? You don't live on Shirley Lane? Patrick Flannigan: No, sir. I do not. I live in Chesapeake. Donald H. Horsley: Okay. David Weiner: Thank you. Patrick Flannigan: Thank you. George Alcaraz: You got a question over there. David Weiner: Oh. Oh question. David Redmond: What did you say your name was, sir? Patrick Flannigan: Patrick Flanagan. Speaker 7: Oh, Mr. Flanagan. Thanks, sir. Patrick Flannigan: Thank you. David Weiner: All right, you guys. Thank you. Carolyn: 17 Jack Lockman followed by Lindsey Hebert. David Weiner: Welcome, Sir. Jack Lockman: Good afternoon, my name is Jack Lockman. I am a retired Navy vet, served my time and I am also a disabled vet, something that I don't talk about. I've lived with my fiancé and homeowner Ansley at 2701 Shirley Landing Drive, just on the other side of the new facility. First and foremost, let me say I support any cause, any cause, in helping disabled vets, first responders and police officers. I am a dog owner and an animal lover. Sadly after reading the letters of support from Mutts with a Mission, we are being accused of, by several, of being stupid and selfish, because we don't want this facility next to our houses on our street. Clearly that's not the case. We retired with the goal of living in peace in beautiful Blackwater. Since May, when Mutts with a Mission became our neighbor all of this has changed. We've lost our wide open country views that we had come to love over the years, due to a solid six-foot fence that runs the entire length of our property. You stand on the ground and instead of seeing the country, you see a white wall. You won't see it anywhere else in Blackwater, you won't see it anywhere else in Pungo. Jack Lockman: We are very concerned about the negative impact on our property. We walk our dogs on leash on our dead end street with six homes, almost on the daily, weather depending. And now we have to endure with traffic that we never had to endure before. Granted, we are not saying it wasn't because they're doing facility upgrades and turning a horse stable into a dog training facility or a dog kennel. We have been dealing with traffic like you had not seen in this neighborhood ever. The residents have never experienced any of this in this little neighborhood. Our area needs no more traffic. Just yesterday there were two accidents on Blackwater Road, less than a mile from our home, our street. Sadly, one of those was a fatality, less than a mile from our house. Another one. And they're happening all the time. We are not against what they want to do. We're against the location of where they want to do it, right beside our home. Ask yourself this question would you want this to happen beside your home? Where you live? Just ask yourself that question. Thank you for your time. David Weiner: Thank you, sir. Any questions? Thank you. Jack Lockman: I'm sorry. Donald Horsley: 18 It's good. I have one question. You live at the dead end? Jack Lockman: Yes, sir. We live in the court, dead end, in the court. That is literally right beside the building. Donald Horsley: Didn't we approve a- Jack Lockman: That's not the right slide I don't believe. Donald Horsley: We approved a residential kennel down there, I think. Jack Lockman: Yes, sir. You did. Donald Horsley: Is that on your property? Jack Lockman: Yes, sir. It is. Donald Horsley: Okay. That yours? Jack Lockman: Yes, sir. It is. And when it was approved, not a bolt, screw or anything was done until it was 100% approved by the City. And then the City made us put it on the back of our property, 325 yards from our house, which is the furthest away from all the neighbors. And this one is going to be right beside our home and it just doesn't make any sense. We've never had a complaint, we also provide service dogs. Channel 3, did an episode of a wounded warrior going into his brand new home in Yorktown, in a wheelchair with one of our puppies in his lap. That was going to be, and is to this day, his service dog. We're not against what they do. We're against the location of which they're going to do it. And again, ask you if you wanted to have it next to your house. David Weiner: Mr. Inman. 19 Jack Lockman: Yes, sir? Michael A Inman: Can you conceive of any way it could be done that this project at a lower level of activity? Jack Lockman: I haven't even given it any thought. We haven't even... It's just been a nightmare. We haven't slept a full night, I was up at 2:27 this morning, just saying, it's been stress, but I don't know I can't answer on a whim. Michael A Inman: Are you aware that the property's zoned AG-1 agriculture? Jack Lockman: And horses were a whole lot more fun. Michael A Inman: Do you know what uses are allowed on AG-1 are? Jack Lockman: I'm sorry? Michael A Inman: Do you know what the scope of uses on AG-1 are? Jack Lockman: No, sir. I don't. Michael A Inman: Okay. Jack Lockman: No, sir. I don't. I just know that we like living in the country, the quiet peace of the country. Donald H. Horsley: 20 If that horse barn had been built further over towards the west, it wouldn't be right beside you. Jack Lockman: Correct. Donald H. Horsley: But they purchased the property. The barn was already there so therefore that's the reason it's there. If the City had an opportunity to before construction, before a barn was built, but they're using a facility that was already there and you're aware of that, because you were there when the horses were there. Jack Lockman: Correct. David Weiner: Jack? Jack Wall: And you're aware that's not a kennel. That's just their training facility. Donald H. Horsley: Training facility. Jack Lockman: Right? My question to you all is look at their growth plan. Look what they dreamed of first and look what they want to do. You're talking about a multimillion-dollar organization. Again, I'm not against the organization, I think what they do is very, very heart wrenching as it should be for every one of you. My only opposition, our only opposition and everybody on our street signed a petition against it, including people just off our street, everybody within a mile radius down there, signed the petition against this. We're asking you to stand up for the little guys, the little people. We're not a multimillion-dollar organization. We're just for residents. We enjoy the country living. David Weiner: How many dogs do you have in your property? Jack Lockman: We have four house dogs and 10 breeding dogs. And we're authorized to have 15, but we don't. 21 David Weiner: Do you train dogs also? Jack Lockman: We do not. We refer them out to Ansley's late husband, Mark Hackathorn was a master dog trainer. He knew... You all know Cesar, him and Cesar were very good friends. Mark was a phenomenal... I never met him, I wouldn't be where I am if I did, but I met Ansley after he died a couple years after he died. Somebody made mention, we read these letters that were sent to you all and I'm sure you've scanned them or read them that we were a puppy mill. I challenge anybody to come and look at our facilities. Our dogs live better than some human beings in this country. And that's a fact. Yeah. David Weiner: Mr. Evan. David Redmond: I don't care. We're talking about this application. Jack Lockman: Thank you. David Redmond: So, let's not, I'm not concerned about that. I'd really much more rather focus on the application that's before us. About how large is your property? Jack Lockman: 6.7 acres. Speaker 9: Okay. David Redmond: And this one's 20? Jack Lockman: Correct. David Redmond: 22 Thanks very much. Jack Lockman: My pleasure. David Weiner: Any other questions? Robyn Klein: I have a question for staff. David Weiner: Okay. Thank you, sir. Jack Lockman: Thank you. David Weiner: Yes, go ahead, Robyn. Robyn Klein: When we authorize commercial kennels is 15 the standard for dogs allowed? Carolyn Smith: Unlike daycare, child daycare, we don't have a standard for dogs. It's really based on what is requested. And then it's a subjective decision based on the acreage. Robyn Klein: Okay. So, there's a variance in terms of- Carolyn: We've never had, that I can recall, a request where a request has never been approved with more than 20 dogs, 20 adult dogs I should say. Robyn Klein: Sure. Thank you. 23 Donald H. Horsley: If I remember correct, Carolyn, most of the time it's a hunter who comes and has a group of hunting dogs and he has 12 to 15 dogs and that's usually what we approve. That's how that 15 number probably came became about. Donald H. Horsley: Yes, sir. Carolyn Smith: Okay. David Weiner: Okay. All right. Madam Clerk? Madam Clerk: Lindsay Hebert followed by Joe Corson. David Weiner: Welcome, ma'am. Lindsey Hebert: Thank you. Do I have to wait for the little light? Just to make sure I'm doing it right. Good morning. My name is Lindsey Hebert, I am a 10-year Virginia Beach resident. I'm also a U.S Navy veteran and I'm here to speak on behalf of Mutts with a Mission and their conditional use application to train service dogs. Before I get into everything, I would like to say and rebute the fact that they're a corporation. They're not a corporation, they're a charity that donate service dogs to wounded veterans. And I just find it a little offensive, so I would like to clear that up, they're a nonprofit charity. I've been to the property numerous times, I'm the realtor that helped them purchase it. So, I've been involved with Mutts with a Mission for many years. And the traffic or the parking just looks like a normal house with a couple extra cars. There's never an increase that I've been there. I've been there many times at different times of the day. I've never had a problem. Lindsey Hebert: And I assure you, I'd rather this facility live next to me with dogs where there are the six in the room that have not made a peep than normal dogs that are untrained, but that's just my personal opinion. My husband is a recipient. That's why I'm standing here today. He's a wounded veteran of 20 years. He was Navy EOD for 20 years and suffered multiple traumatic injuries, brain injuries, and sorry, I get a little emotional about it. Brooke and Mutts with a 24 Mission saved his life. I have no other way to say it. They saved his life. They gave my children, their father back, my husband can go out on his own now, he's no longer a fall risk because of his dog. They gave me my life back in a time that I was drowning and I will be forever grateful. Hence, the reason I'm standing here. I know that there are complaints about there's a fence and I can't see the country view and maybe a noise complaint. And I think maybe there're some misunderstandings, but my point is that to me, those are irrelevant. My point is, that to me, those are irrelevant. The point is that 22 veterans a day are dying from suicide, 22. I have friends that I've buried many times in the past few years, and Brooke and Mutts with a Mission and her team are actively trying to stop that. My husband would've been a statistic and that's hard for me to stand up here and say in front of public, that he would've been a statistic had we not wandered into that facility that day and Brooke looked me in the eyes and said, "How can I help you?" She saved my husband's life. She saved my family. And every veteran that has received a dog from her, well, we could bring in them in here one by one, and they would all say the same thing. "They saved my life." So, I think that if there's a happy medium for the neighborhood and the facility and everybody that we should find it. Sorry, I got totally off what I'd written down. I'm very passionate about this. I'm so sorry. I will be forever grateful. And if Mutts and their organization can keep one more of my friends from dying from suicide, then I think it's worth the compromise. Thank you. And thank you for listening to my emotional ramble and thank you for the consideration. David Weiner: Thank you ma'am. Any questions? Lindsey Hebert: Oh, sorry. I just walked away. Madam Clerk: Okay. Mr. Corson no longer wishes to speak. So, our final speaker is Adam Welborn. Adam Welborn: Ladies and gentlemen. As you can see, Brooke has really helped me out a lot through the years. Army veteran, representing the Army branch here today. And I would like to say, and just speak of the character of this organization. From day one, they looked after me and what's going on with me. And they looked after my dog to see what's going on. But one thing from day one that Brooke has constantly brought to me is who we represent, that we are representing Mutts with a Mission when we're out in public. So, it's not only just the dogs or the service members. True character, strength of character, that no matter where you're at you are representing the organization, and showing the people and the citizens and the public how well we are. So not only do we continue to serve, even after we left our service, but with Mutts with a Mission, we continue to serve and show the character that they have. That's all I have to say. David Weiner: 25 Any questions? Thank you. No more speakers? David Weiner: Ma'am would you like to come back up and address anything? Brooke Corson: Lost my page. So, I'd like tread gently in these rebuttals. I mean, we are trying to be good neighbors because we do have to live on the street. You know, when we initially put in our application, I guess you guys have seen the progression of what we initially put in and then what we've scaled down to be? Is that a correct assumption? Dee Oliver: No, we don't get to see that. Brooke Corson: Oh, okay. So I apologize. I say guys, I mean guys and girls. It's just how I was raised. So it's no slight, please don't be offended. So initially we were told when we went to the planning staff that we should present our broad view, like what we want to do long term, you know ... Brooke Corson: And so we took that in our veteran mindset to, okay. We need to give the planning staff what we would like one day down the road, 10, 15 years down the road, 20 years down the road. So we presented them with a plan that one of the gentlemen was talking about was like, "Eventually, maybe one day down the road, we'd like to do this." And so that's the plan that they saw. And that's what's been stuck in their heads. But this was our ultimate dream, right? But what we've done is we've scaled it down to what we need at this point. You're not going to see us in here every week saying ... this isn't an end around this, this isn't we're just trying to get by. Brooke Corson: Initially when we bought this property, what we wanted to do was to convert the barn into a dog training facility, as we've come forward to ask now. I think we just gave too much information all at once. And some of the stuff we've decided that we don't really need, some of the things that were on that plan as well, as we kind of reevaluate. One goal of Mutts with a Mission is never to become so big that people like, you know, Lindsay and her husband don't come in and say, "I feel like family," you know? Or that Patrick can't come in and hang out if he's having a rough day or need some extra training with his dog or something like that. We don't want to become so big that we lose that, and so sterile that we lose that. Brooke Corson: 26 The fencing was put up with the intent of being a good neighbor. You know, there's dogs on one side of us that we put up the fence so that they wouldn't have to bark at our dogs and you know, reciprocate. And then on the other side of the property, there's an active breeding facility. And we wanted to keep our dogs separate from their dogs, because their kennel fencing runs pretty close to our property line. So, the intent there was to make sure that we kept those dogs separately and that we didn't stress out their breeding, their kennel dogs, when our dogs are out walking around the property with their handlers or things like that. So, it wasn't done out of spite. It wasn't done out of malice. It was actually done out of, you know, trying to be a good neighbor and trying to reduce stress on the dogs. Cause no dog wants to just sit there and bark continuously. It's not a healthy mindset for them. Brooke Corson: I think one thing that I'd like to address as well is, you know, they're talking about all the traffic with the construction traffic. At the same time that we were doing our renovations, the neighbor in the circle ... So, there's the neighbor right in the little, not our direct next door neighbor, but the neighbor on the other side of them was having a two story garage built. So, all that traffic, it was our traffic combined with their construction traffic as well. So, I think that that's something that needed to be addressed as well, because I think that we kind of got the blame for all of the construction traffic, even though there was a large structure being built. And that's all I have for my rebuttal. Michael Inman: Can you tell us a little more about the construction activity on your property? What was it? How long was it?And is it over? Brooke Corson: Thankfully, yes, it's over. So, what we did was we built ... and we have our, our final inspection is on I think Monday. We constructed within the barn three office spaces, and then there's been painting, there's been, we replaced the air conditioning system. There's been some renovations, like paint, you know, we've painted. We've put up some, you know, the drywall, the trim, the things like that. We changed out the lighting. We've changed out, like I said, the HVAC system. We replaced the outside arena lights with a more efficient lights. Oh, and then the fencing, I think the fencing project was the one that took the longest. That was supposed to have been started back in June. But somehow it didn't get started until I think almost August. Brooke Corson: And so there was, you know, trucks bringing in fencing and dropping it off. And the guys would work on it for a couple weeks and then realized they needed more materials and they couldn't get the materials because you know, the lag still from COVID. Really, the fencing project took about a month and a half and they just finished it several weeks ago. So that's done. And the fencing inspector came out and signed off that the project is complete to standard. 27 Brooke Corson: So, on that property line next to the breeding kennel, we do have people coming. We're either slated for this week or next week. There's one part where the fencing company did make a mistake and they put up six foot fencing all the way to the boundary where it's allowed to be. It's actually supposed to be four foot that last 50-foot section. They screwed up, they admitted they screwed up and they have since ordered the materials and it should be here. And we're slated either this week or next week for them to remove the six foot, the 50-foot worth of panels and put it with the four-foot panels. Michael Inman: So, the length of time was somewhere in the summer. Brooke Corson: Yes sir. Oh, and they didn't finish until, yes, sir. Michael Inman: ... All the things you mentioned going on. Brooke Corson: Yes, sir. But the fencing really was the one that drug on forever. I mean, the exterior fencing, it took forever. Yes, sir. But it's all done now. We're done. David Weiner: Mr. Inman. I'm sorry, Mr. Redmond David Redmond: He's better looking than I am. First off, you can't get a bathroom renovated in six weeks these days. So, the idea that that's a lot of time for construction is crazy to me. I mean, that strikes me for all that you were doing as a really, really quick timeframe. And frankly, you don't have to be kennelling dogs to make renovations to a barn or to get new HVAC. And, you know, you could be growing dandelions on there for a living and choose to fence your property. So, none of that strikes me as troubling. What I would like to do, however, is ask you to tick through again, what your requests were with regard to the conditions. Brooke Corson: The initial request? David Redmond: 28 Yes ma'am. In your earlier presentation, you started with condition number one, no more than 20 dogs on the property at one time. And you wanted to exclude trained service dogs from that condition. Can you take us through the changes that you had asked for earlier so that we can be certain precisely, what your request is? Brooke Corson: Yes, sir. So, the first request is that we would have an exclusion from number one. So number one states, "there should be no more than 20 dogs on the property at any time."We are requesting an exclusion to that for our trained service dogs. These are dogs that have been placed with their handlers. David Redmond: Okay. Got it. Brooke Corson: And then also with number one, that instead of saying "20 dogs on the property" that it say"20 adult dogs," please. Donald Horsley: For number one? Brooke Corson: For number one. Yes, sir. Donald Horsley: And you define an adult dog by how much? Brooke Corson: I think normally it's defined by two years. That's generally ... Donald Horsley: But you said you would accept one year, a while ago. Brooke Corson: We would. Yes, sir. And then for number four, it states, "all dogs should be kennelled within the single-family dwelling between the hours of 9:00 PM and 7:00 AM with an exception for breaks for urination and defecation." And we're asking that there's an exception for dogs that are being 29 walked on the property or worked between the hours of 9:00 PM to 7:00 AM, but that they are attended, that they're not just let loose to run free and things like that. David Redmond: Say that again, I'm sorry. Brooke Corson: They would be walked and trained, but they would be attended, they would be with a person. It would be attended. They would not be unattended at that time. So it's not like we would just open the gates and be like, "Run free, dogs." They would love that. And they would get in so much trouble, too. Because terriers are trouble. Dee Oliver: Would you be training the dogs after 11 o'clock at night? Brooke Corson: So probably not 11 o'clock, no ma'am. But I mean after 9:00 ... So, my personal dogs, if I've got a long Wednesday and I'm not done till, you know, 8, 8:30 at night, then I may bring my personal dogs out and work them a little bit, because I do have dogs that compete in different sports. I mean, one of my dogs was on America's Top Dog this season. Or I may go work them earlier in the morning, but it would be, you know ... David Redmond: I think the point you're getting at is people walk their dogs after 9:00 PM all over planet Earth. Or 7:00 AM, their personal animals. So that's number four. Donald Horsley: You walk your dogs on your own property. You don't walk them down the street, correct? Brooke Corson: No, sir. I don't. Whitney Graham: So why even have that in there? I mean, it's your own property, it's 20 acres. I mean, to me, maybe I'm missing some something, but I don't even think that should even be in there. Brooke Corson: We recognized the complaints and we were just trying to be, you know ... 30 David Redmond: I want to get through the rest of your conditions. Anything else? Brooke Corson: I don't have anything. No. Those are the three points. I appreciate it. Kay Wilson: I have a question. I hope I didn't misunderstand, but you wanted to exempt your personal dogs too? Out of one. I don't want to miss something. Brooke Corson: I would love to, but that's not ... Kay Wilson: That wasn't that wasn't part of your asks? Brooke Corson: Correct. It wasn't one of our asks. No, ma'am. David Weiner: We'll work that out. We'll work that out. Okay. Mr. Coston? Brooke Corson: Yes, sir? John Coston: Someone said something about 250 people. Do you expect that many people out of graduation? Brooke Corson: No sir. No. In all honesty, I think the former conditional use permit when it was a horse training facility and boarding facility, that was if they had a horse show or something like that. That's what they were looking at. And so we were just going off of what their previous permit was. But no, because we deal a lot with veterans with PTSD and things like that, to bring in 250 people that they don't know ... I mean, our dogs do well, but they're not the magic pill people wish they were, but they don't fix everything. So, to have 250 people, that's just a lot. So, I mean, I don't that's not like a four time a year thing, you know, that we would be having 250 people. But again, we just wanted to follow, you know, that's worst case scenario. If we were to have like a gala or something like that, like I know Equi Kids, they have their Stall Ball on facility. If we were 31 to have something of that magnitude, we would go off location for something like that. Just because we couldn't support support, something like that there. Donald Horsley: So, you really don't need the 250 limit. If they said 150, you'd be fine with that. Brooke Corson: Yes sir. I don't even know. Donald Horsley: You don't even need a number. Brooke Corson: I was going to say, I don't think the number's in here. Yes sir. that's a special permit that we'd have to apply for through ... Donald Horsley: If you're not going to have that many people, you don't need a special permit. David Weiner: Over 150 people you'd have to apply for it. Brooke Corson: I mean that would be something we'd have to ... I'm not a hundred percent sure about how that special permit goes. Donald Horsley: How much reaching out to your neighbors have you done? I'll be honest with you. I live in Blackwater. I've lived here 50 some years, and I don't recognize anybody here except for Walter Potter, he doesn't live in Blackwater. So, I mean, you're all new people to me. You're all new people. And you know, they said so many people had opposed this, and so many people had for it, and I have yet to hear from anybody. To be honest, I had as a Planning Commissioner, I've been on Planning Commission down here for, for years, going on 40 years. I've not had anybody to call me in opposition. I've not had anybody call me supporting this, but we've got all these letters. So evidently, they coming from outside of Blackwater or something. So, it helped me there because I don't recognize any of you people. Brooke Corson: 32 Right, right. I understand that. I did initially, it was probably like June, July time-ish, I did speak with Alan's wife. She came over. And I spoke to her, explained to her what we were doing. The neighbors that live on the first house on the street, I'm terrible with names. So, the two neighbors that live on the first house on the street, I've talked with them. They have a little Cairn terrier mix. That's how I remember them, is by dogs. They regularly walk and we regularly talk to them and I explained to them what we do and things like that. Brooke Corson: I did speak with Ainsley. We've spoken a couple times about things. I did not speak with Mr. Lockman. The first interaction that we had was, I will admit, it was a negative interaction. And it was over the fence. They were getting ready to go on vacation and he was concerned about the fence and things like that. And then Allen, aside from several ... I want to say it was October 30th or something like that. Both sets of neighbors came outside the gate. And as we were driving out, we stopped and spoke with them for about two hours and tried to help answer some of their questions and things like that. Otherwise, we did post on Nextdoor, that app. Donald Horsley: I understand something like that ... Brooke Corson: That's a big thing apparently, yes sir. I didn't know it either, but we did post because you could do it within your community. So, I did do a post on Nextdoor because someone told me there was a post about this 40 kennel, commercial kennel going up in Blackwater, had anybody heard about it. And so, I got in there and kind of said, "This is what we do. This is what we do. We train service dogs and things like that." And so just to kind of, you know, let them know what we do and answer any of the surrounding neighbors' questions and things like that. And we had a fairly positive response, and you know, people did get on there and ask questions and some people were like, "Oh, you're going to board." And I'm like, no, that's not what we do. You know? So, I think that as far as community involvement within that app, we were able to get in there and answer some questions and get the information about what we do out to the people of Blackwater. Donald Horsley: Well, anything that you can do to spread the word of the good will that you're doing, I think will help you immensely in the rural area of Blackwater. Brooke Corson: Yes sir. Donald Horsley: 33 Cause the people down there very sensitive to things like this. So even sensitive to what Mr. Lockman is doing too, you know? I was on Commission when we approved his permit. so we're very sensitive to that type of thing. And we're very sensitive to our communities down there too, you know. But we're getting a lot of infield of new people coming in down there. It's pretty evident here. But you know, I applaud you for what you're doing. I just want you to be very careful because if something goes wrong, we will hear about it. Brooke Corson: Yes, sir. Now, I'm sure. Donald Horsley: If you got plans to put up a Taj Mahal or something, I know you got 20 acres of land. If you got a plan to do that, we need to know it now because we don't want to come back and try to strike you down later. Brooke Corson: The storm water requirements for putting up something that large alone are staggering. So yes, no, we're not, we're not planning on putting up a Taj Mahal. Things that we would like to do down the road are maybe put up a kennel building, maybe. But that's not, I mean, we trained out of a building ... Donald Horsley: A kennel building you'd had to come back before us to change it. Brooke Corson: Exactly. Yes, sir. So everything that we would want to do, we know that we would have to come back and get basically like a new conditional use permit. Yes. So, we know that we have to get approved. Anything that we want to do going further from what we already have now, unless we want to put up like a shed or something like that, that we have to come back before the committee. Marchelle was very, very good about making sure that we were clear on any further development. Donald Horsley: My last question. Behind your house. Brooke Corson: Yes, sir. Donald Horsley: 34 I don't go down that road very often, but I did ride down there yesterday or the day before, what is this area you've got tapered off? The black? Brooke Corson: The fence? Donald Horsley: Is that a fence? Brooke Corson: Yes, sir. The whole property's fenced off. Donald Horsley: I'm talking about behind your house. It looks like black plastic put up around a fence or something. I mean you trying to hide something? Brooke Corson: No, sir. But you know what, when people walk down the street all the time and are taking pictures of your dogs in your yard and your children in the yard and you're hearing about it from the city, it does start to wear on you after a little while. Donald Horsley: Oh, okay. Brooke Corson: So that's just because, you know, it's basically like having your every move ... I can't go out in my yard and let my personal dogs out, or my kids can't go out in the yard with their personal dogs because people are walking by taking pictures. And of course, what do you think? What does your mind go to immediately, worst case scenario, right? And my kids are 10 and 12. So that's there ... It gets stressful having people walking by taking pictures of your family all the time. Donald Horsley: Hopefully you can take that down shortly. Brooke Corson: I hope so. That would be nice. Yes, sir. 35 David Weiner: Any more questions? David Redmond: I just want to make one point. I think when the gentleman was ticking through your wishlist of things, it might be wonderful if you could do them later on. He was talking 1500 feet for this and 4,000 feet for that. And 20 acres is 871,200 square feet. Brooke Corson: Yes, sir. David Redmond: So just make that point. Okay. Thank you, Mr. Chairman. David Weiner: Anyone else? Brooke Corson: Thank you all very much. Thank all y'all for your time. David Weiner: Alright, we are going to open this up and talk this through amongst ourselves. Who would like to start. Okay. Robyn Klein: I want to start by thanking Don, because I also was wondering why the barn was so close to the property line versus the other gentleman's kennel. So, thank you for clarifying that. I find it inappropriate to include graduated service dogs in condition one, because as far as the ADA is concerned, they don't count as animals. Given the size of the property I recommend modifying the condition to stipulate no more than 20 untrained dogs over 12 weeks and a maximum of 10 under 12 weeks. I also find it reasonable to modify conditions one and four to exclude the applicant's personal dogs. David Weiner: Okay. Who's up? Whitney Graham: 36 I'll just say this one gentleman got up. He, I think he said he had 6.7 acres, 15 dogs. So, 15 dogs, 6.7 acres. That's 2.24 dogs per acre. She has 20 acres. Use the same math. That would be 44.8 dogs, if you wanted to keep things even. I mean, 20 acres is a lot of land. And correct me if I'm wrong, you can have four dogs in the City of Virginia Beach in a townhouse. Am I right about that? Okay. A townhouse that's on, what square foot lot? 5,000 square feet, you can have four dogs. I think we've made this very, very ... I think right now it's very stringent. And I agree we need to loosen this up. I don't live down in the county like Don. It seems like a good use and it's a great purpose. And I'm open for tackling some of these conditions. David Bradley: You know, I'm supportive of the request. The 20 dogs, based on what the Planning staff has said, it's consistent with previous City Council action. So, I'm always one for consistency. You know, it's obviously a great cause. I do hope the applicant will spend more time with the neighbors. And that's obviously nothing we can mandate. I had a neighbor put in a driveway the other day and just warned me that there's going to be more noise around the house, you know? So, it's just those kind of things that always make it a little better. But I'm supportive of this. David Redmond: I will say that that's a two-way street. So, you expect someone to be conversant and communicative with you and on a respectful basis, that's a two-way street. I want to go back to what you said about one of your conditions, Robyn. I completely accept the idea that you would exclude trained service dogs from that calculation. And the reason I say that is because I want to make sure that some of the folks who have been served by this, like Mr. Flannigan, who came up earlier, if he wants to come back, or one of these other persons wants come back for some reason to that property, that there's not going to be something untoward, and there's going to be nobody out there with a clicker, like they're doing short term rental bedroom occupancy or something. But by the same token, I think we need to be clear that that's fine. And I think it should be fine. David Redmond: I agree with Mr. Graham, very frankly, I think the staff was perhaps a bit too stringent with some of these requirements. This property's 870,000 square feet and it's fenced. Nobody owns a view. My neighbor puts a fence up on his property. I'm not entitled to gripe because I can't see the rabbits again. So, it may not be comfortable, but that's how private property works. And they did that for the purposes of trying to secure the animals that they have on their property in the same they that you would llamas or pigs or cows or anything else. So, I very frankly found the applicant's presentation to be very compelling. The only thing I will disagree with, well, there's a lot I disagree with, but I got to say Mr. Flanigan said that he was not a very good speaker. No sir. David Redmond: 37 You were one of the most compelling speakers I've seen, so good for you. And the courage it takes for people to come up and say, "I have a problem. This animal has helped me." That ain't easy. So, to you folks who did, thank you. And I'm just delighted that there is an organization that can help you in that way. So, I'm going to support this application to the greatest extent that we can. I think we were too tough on them, very frankly, staff. And I think we ought to loosen it up some and allow some of the things that she was very articulate and very detailed and quite convincing that we ought to do. Donald Horsley: Let me just speak to that. I'll take up for staff because this was a commercial kennel license for 50 dogs. And the normal kennel is 50 dogs barking at one time, is what they were thinking. This is a different situation. These hunting dogs that you have out in the county and you go up there ... They know when feeding time is and you can't hear. You think a jet is loud. You don't, you know that. So, I understand what they're talking about. Well, this is entirely different situation with these. These dogs aren't going to be housed there. They raise the puppies and they can raise them in the house. And I feel pretty comfortable with that. Donald Horsley: I don't remember all of Robyn's figures. I remember she did say eliminate her household dogs. I don't have a problem with doing that. And the 20 adult dogs that the lady mentioned, she was satisfied with that. That's fine with me. I'm going to support the application, like I said, I think it's a very great thing. But I think there's a misconception about the whole thing, about a 50 dog kennel. And I mean, I know people that have kennels across the field from me that I can hear barking and they don't have but five or six dogs, you know? But down here there are hunting guys that have bunches of dogs that bark. And that's normally what people think about really. And rightfully so, cause that's very annoying. That's very annoying. You can't tell them be quiet and they be quiet either. You know? David Weiner: Alright. Who wants to make a motion? Robyn, do you want to make a motion with your ... Dee Oliver: I got one question. David Weiner: Okay. Dee Oliver: Sorry. Marcelle. Did you come home with a dog? Just want to know. 38 Marchelle Coleman: I did not. David Weiner: You want to make a motion with what you read? Robyn Klein: Sure. So, I make a motion to approve the application with the following modifications. Condition one excludes graduated service dogs. It limits dogs over 12 weeks to 20 and a maximum of 10 dogs under 12 weeks. This does not the applicant's personal dogs. And as a modification to condition number four, does not include the applicant's personal dogs. David Weiner: Yes ma'am. Carolyn Smith: I'm sorry. You lost me there for a second. Yeah, me too. When you said limits 20 dogs over 12 weeks ... Robyn Klein: 20 untrained dogs over 12 weeks. Carolyn Smith: Correct. And then maximum of 10 dogs? Robyn Klein: 10 dogs under 12 weeks. David Weiner: For the puppies. For the puppies. Donald Horsley: If they have the mother's real prolific, you're messing up. Robyn Klein: You know what, she can deal with that. Call me later. And then graduated service dogs excluded and personal dogs excluded. 39 John Coston: Now what was the 12 weeks about? Robyn Klein: So, 20 untrained dogs over 12 weeks and 10 under 12 weeks. So essentially one litter. John Coston: Okay. I got you. Donald Horsley: I've noticed, does the applicant understand? David Weiner: I was getting ready to ask her. Ma'am, does that sound... Robyn Klein: Does that work? David Weiner: Does that sound good or... Donald Horsley: Do you understand that? Brooke Corson: Yes, sir I understand it. David Weiner: Okay. Thank you. Alright, do we have a motion for approval? Dee Oliver: Wait, you...I think, there was a reference that did not include the hours of her being able to take her dogs out. Robyn Klein: Did you catch that Carolyn? 40 Dee Oliver: Was that in there? Did I not hear that? Robyn Klein: I could have been unclear. Dee Oliver: Okay. I'm sorry. I probably just missed it. Carolyn Smith: I didn't get that, so thank you. Robyn Klein: Okay. So, modify condition four, to exclude the applicant's personal dogs. David Weiner: What about the timeframe? Carolyn Smith: The applicants four personal dogs. Robyn Klein: Four personal dogs. Jack Wall: Can we just strike four? Robyn Klein: I'm also okay with that. Yeah. David Redmond: Okay. I would be more comfortable, simply striking. Donald Horsley: Yeah. Cause we might have wrong verbiage in there. 41 Robyn Klein: So, the removal of condition four. David Bradley: I'll second that. David Weiner: Second, okay? Madam Clerk: I'm sorry. Who was the second? Robyn Klein: Mr. Bradley. David Weiner: Okay. Are we okay with what we've done? Carolyn Smith: Yes, sir. David Weiner: Yes? Okay. All right. Madam Clerk: Vote is open. By recorded vote of 11 in favor, zero against. Agenda item, number six has been recommended for approval with condition one modified, and striking condition four. David Weiner: Thank you. Right. Thank you. All right. On the next one. Donald Horsley: Excuse me. Kay, was I supposed to say that, read this before I voted? Kay Wilson: Yes, but now that you've voted, your welcome to read it. 42 Donald. Horsley: I don't have to read it? Kay Wilson: No, you do Mr. Horsley. You'd be surprised at who comes and looks. Donald Horsley: Oh. It says I'm executing this written disclosure regarding Planning Commission decision to vote on this application. I lease the farm and the property adjacent to this property, which is the farmland in the pretty green field, that can't be seen anymore. But, and as such, I derive no financial interest in this application. Therefore, I file this. David Weiner: We're having too much fun today. Okay. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. There shall be no more than 20 dogs on the property at any time over 12 weeks old and a maximum of 10 dogs under 12 weeks old on the property at any time. This count excludes all graduated service dogs and up to four of the applicant's personal dogs. 2. All dogs, when outside, shall be supervised at all times, and shall not be a nuisance to any other property owners or residents. 3. The dog kennel and dog training area shall be maintained in a safe and sanitary condition. 4. to 7:00 a.m., with an exception to breake for urination and defecation 5. No dogs shall be kenneled within the indoor training facility (barn). 43 6. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 7. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 8. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 9. Dog shows shall be prohibited. 10. There shall be no breeding of dogs on this site. 11. All Special Events on the site shall be permitted by the Special Events Office and be restricted to up to four events per year or as deemed appropriate by the Special Events Office. 12. The applicant shall comply with Section 223 of the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 44 To Whom it May Concern, Mutts with a Mission has changed my life forever with the pairing of my service dog and I.After my deployment in 2017 to Africa supporting special operations, I was diagnosed with a nerve condition due to an illness contracted on the battlefield The illness left me with severe nerve damage to my hands and feet, a irregular gait, cane ambulated and mentally distraught. It took many specialist and years to figure out exactly what had occurred and through the process I was introduced to Mutts with a Mission's Director, Brooke Corson by the Special Operations Command, Care Coalition. . I was paired with my service animal Rucker in May, who has changed my life forever. He is a mobility dog which means he can support my weight while in a special harness, pick up objects by name, go get help, brace me if I fall, get my cane, open doors, and many other amazing tasks that make my life better daily. He has made my spouse feel more at ease now knowing I have my trained service animal to assist me and ensure that I will be able to get help if I fall and injure myself. Mutts with a Mission has changed many lives of our service men and women and first responders.They provided support to my family when we needed it most. Their dedication to helping others and caring for the community is by far above and beyond just pairing service animals with injured, ill, or wounded individuals.They provide a space where all that have suffered mentally and physically to come and work with animals, communicate with people with similar experiences and make lasting relationships that further growth and healing. I urge community leaders to aid their organization in establishing a facility that will provide even more support and capability to those who have served.Their organization is determined to make a difference in Soldier, Sailor, Marines,Airmen, Police Officers and Veterans lives.They are an amazing asset and resource to any community. Respectfully, Cameron Franklin, ETCS ret. My name is Cheryl Caves. I was injured in 2003 when my vehicle was blown up by an IED. I have permanent damage to my brain and PTSD. I was medically retired from the army after 26 years active service. It was during the retirement process I found Mutts With A Mission. I have been through the training required to train my own dog to strict assistance dogs international standards. He served me for 7 years and is now retired. I am now the recipient of a Service Dog owned by MWAM. In both cases, I am able to maintain a much more independent life. I keep moving forward and know I am never alone. My dog has my back. Without my dog I have everything delivered. I am too afraid to go out on my own. Even with someone else I don't feel as secure going out as I do with my dog.This is the best medicine I have ever been given. Hope this helps. Cheryl, Kali, and Rosko HOPE By: Danielle Casper Hope is a small four-letter word,but is something that I hold on to so desperately. Hope for a better life, Hope for a change,Hope that what was once done,can be reversed. My family was forever changed on October 12,2017. My husband was involved in a deadly incident,which claimed the lives of 4 of"his people."He uses this term to describe his friends, colleagues, associates, etc.that perished on that day. My husband has severe PTSD, it has altered everything about him, from his mood,to his inclusivity with others, depression,physical ailments, anger/temper, skittishness,paranoia and insomnia,just to name a few. PTSD not only affects him,but it also affects the entire family. It affects myself and our two boys, ages 10& 6. Before the incident,my husband was incredibly outgoing, confident, self-assured,in control, assertive and easy to get along with. I held out hope that with continued therapy we would see some progress, and we did,but it was painstakingly slow. My husband could not and would not interact with the world anymore. Couldn't attend ball games,award events,holiday parties,or even basic outings to the grocery store or date nights.Anxiety took a hold of him, and soon there were no places that he felt truly comfortable as himself. My husband applied for a service dog with Mutts with a Mission a little over 2 years ago, and he was approved. We were ecstatic! We knew that Yahtzee would help in ways that we didn't know of yet.Yahtzee was trained since she was 8 weeks old, specifically for my husband's needs. She was trained to complete over 100 commands,and is ADI certified. Yahtzee has traveled all over the world,been more places that I have even been. The puppy raiser family that was selected to raise Yahtzee was picked with purpose. The puppy raiser family has several children around the same ages as our children.We are close in age to the parents. The puppy raise,Jo Ofeldt,trained Yahtzee every single day, and would attend weekly meetings with the founder of Mutts with a Mission to ensure that Yahtzee's training was on target.You see, Yahtzee was specifically trained for my husband's needs. Her main areas/ways that she helps him is with his medication reminders. She will alert him at loam and at 10pm that it's time to take his medicine. Her other service is to provide anxiety-reducing pressure points. She will put her paws on his chest, stomach and legs in order to reduce the anxiety attack that is happening. I have seen her re-direct his attention to her when he is feeling overwhelmed and angry. Yahtzee is special, and she is his service dog. Before Yahtzee came into our lives, I could not persuade my husband to go out,for fear of"running into somebody"that wanted to talk about the incident.Now, with Yahtzee by his side,my husband stands tall,knowing,with confidence,that Yahtzee is there to back him up. Mutts with a Mission provided critical training to Yahtzee,through Brooke the Founder of Mutts with a Mission,and the dedicated puppy raisers, who did a completely selfless act of kindness for others. For my family. For other families. Mutts with a Mission gives families a chance to be a family again. Let me say that again, my FAMILY is a FAMILY again. There is more love, laughter,kindness and compassion that we have had in our household in the past 6 months than there were the 3 years previously. Mutts with a Mission is truly one of a kind. Their legacy should continue to grow to help support other families,become a family again. Isn't this the end goal?Isn't this our purpose?At the end of our life we don't worry or think back to work or deadlines and such. We think about our families and what kind of mark we ultimately left on this world. Mutts with a Mission has made their mark on my family. Please allow them to continue to make their mark on others. Hope is that small four letter word,but with Hope, it allowed my husband to apply for a service dog,he Hoped that he would get accepted, Hoped that this service dog was the answer to our prayers,and finally,Hope that Yahtzee would make our family whole again, and we are. To Whom It May Concern; I am writing this in support of Mutts With A Mission. It has come to my attention that negative and false things have been said about them by an individual with an agenda in an effort to influence the decisions of the city of Virginia Beach in the matter of conditional use permit for their intended new location. As a resident of Virginia Beach and a 23 year combat veteran of the US Navy Explosive Ordnance Disposal community, I know many friends and fellow veterans who suffer from combat and PTSD related struggles.Service dogs provide an invaluable assistance and comfort to people in need and allow them to have a quality life every day. I have personally witnessed the positive changes the dogs that Mutts With A Mission has brought into the lives of several close friends of mine.Their dedication to their mission of providing service animals to bring comfort and assistance to many people is most commendable. I was present this year they even provided one to a Virginia police department to serve as a comfort dog to any police officer in stress.They do this at no cost to the recipient. It is with the utmost sincerity that I encourage you to see the truth in what this organization is,does, and the value of what they provide to so many. I hope that you too would be proud to have them located in our great city. You are free to contact me if you desire to. Respectfully; David Bailey Training Safety Officer& Explosives Safety Coordinator EODTEU TWO W: (757)422-7186 X 2237 C: (757) 287-5730 15 October 2021 To whom it may concern, My name is George Karol and I have first-hand experience of the value and benefit of the life-saving services offered by Mutts with a Mission (MWAM). A former combat veteran of the Afghan war, Bronze Star recipient, and colleague of mine is alive and thriving today because of his MWAM service dog companion who is his constant physical and mental lifeline. On the evening of September 21", 2018, I found my colleague unresponsive due to a VA-prescribed toxic cocktail of medications. Following a precarious and guarded several weeks in the ICU, my colleague eventually regained his sight, hearing,and mobility. It was clear that his combat related physical and mental injuries would require a different protocol of attention, monitoring, and intervention beyond that which the over-burdened VA hospital system could provide during the typical periodic, assembly-line visits ... however well-intentioned. Based on a recommendation and referral, my colleague's case was reviewed by MWAM. Shortly thereafter, my colleague was paired with a MWAM service dog specially trained to recognize my colleague's invisible physical and emotional injuries. Today, my colleague is living a meaningful, productive life. He is working, free from nearly all of his previous medications,and is... by all measures... in a MUCH better place physically and emotionally. This would not be the case if it were not for MWAM. As to the complaint at hand, namely the misconception that MWAM is a "puppy mill", that could not be farther from the truth! The MWAM service dogs are raised by foster families off-site. There are one to two graduation classes per year, with each class being four to seven puppies each, far from the facility being a puppy mill. In closing... It's not hyperbole to say that MWAM is a national treasure for our veterans and their families. To diminish-or- in any way lessen the presence of the MWAM program in the Tidewater Region ... home to the world's largest Naval Base and its veterans ... would be unconscionable./ Respectfully '/ja George J. Karol,I Captain, Unites Sta es Navy (Ret.) 700 Keeling Dr. Chesapeake, VA 23322 M:757.635.9070 E:glkaroliii@gmail.com Dear Ms. Kalina, I am pleased to offer the following letter of support for Mutts with a Mission. I am a licensed Clinical Psychologist currently working at Naval Special Warfare Group EIGHT in Virginia Beach and I've had the distinct honor of both serving alongside our Nation's Special Operations warfighters throughout my 21 year career in the Navy and now serving them in my role as a civilian psychologist since retiring in 2018. In my job I've treated numerous special operations personnel for various mental illnesses including Posttraumatic Stress Disorder (PTSD), Depression, and mild Traumatic Brain Injury (mTBI) acquired during their military careers. A patient of mine recently requested my endorsement for an application with your organization for a service dog. Having treated him for several years, and seen the potential value of this service I readily provided my endorsement. Since adopting this service animal and completing your training program, he has demonstrated significant gains in his independence, self-esteem, ability to cope with physical and emotional reactions to various events as well as his ability to successfully manage his daily activities. Also of note, your program has offered a venue for him to establish meaningful relationships outside of his immediate work community and to give back to others through assisting with training and orientation of new participants. Thank you for all that you are doing for our Special Operations personnel. Your organization deserves the highest level of support from the local community and our elected officials. Sincerely, George Steffian, Ph.D., ABPP CAPT (ret.), USN Licensed Clinical Psychologist VA License # 0810005771 Maggie A DeBoard Herndon CHIEF OF POLICE `}`$MjS? T(703)435-6841 HERNDON POLICE DEPARTMENT F(703) 437-4516 f • September 10,2021 Mutts With a Mission 2700 Shirley Landing Drive Virginia Beach,Virginia 23457 The Herndon Police Department is honored to partner with Mutts With a Mission as we welcomed our first facility support dog, K9 Bragg, earlier this year. K9 Bragg is an integral member of the department and is essential in our efforts to reduce workplace stress, anxiety, and trauma from critical incident exposures. K9 Bragg has already been mobilized several times this year where officers were called to tragic death scenes and other critical cases that exposed them to trauma. K9 Bragg brought comfort and calm to these staff members and additionally has been helpful to individual members who were struggling with significant personal or work-related issues. K9 Bragg has had an overall positive effect on members of the department, both sworn and civilian. Many department members, who in the past would avoid command staff, now come down the hallway looking for K9 Bragg and opportunities to engage and interact. The law enforcement profession has been faced with many difficult challenges recently from the pandemic, political tensions, and increased crime and violence in society. These events have put significant stress and pressure on officers and civilians in law enforcement. The addition of K9 Bragg has been extremely effective for emotional and social comfort as he has quickly become a beloved member of the police department and the community. The exceptional training K9 Bragg has received from Mutts With a Mission has enabled him to excel each day in helping the men and women of the Herndon Police Department. Your mission to raise, train, and place service dogs for veterans and first responders wholeheartedly supports our department's mission to expand wellness program services to include the daily emotional support and comfort of a facility support dog. We value our partnership and are so thankful for K9 Bragg. Sincerely, Maggie A. DeBoard Chief of Police 397 Herndon Parkway, Herndon,VA 20170 www.herndon-va.gov Boor CAMPAIGN LACE UP, AMERICA 20 OCT 2021 RE: Mutts With a Mission (MWAM) To Whom This May Concern: I am a licensed clinical psychologist and the Director of Health and Wellness for Boot Campaign, a national non-profit veteran service organization (VSO)focused on reducing the impact of invisible wounds of war through comprehensive case management, relationship sustainment, and access to premier healthcare. I was introduced to MWAM by Bobby Klepper. Mr. Klepper has been working on his own and in concert with myself through our VSO to address concerns related to injuries sustained during his 34-year career as a Virginia State Police. He is also a proud Vietnam-era veteran of the Army National Guard. Mr. Klepper first sought services from Boot Campaign in April 2019. I have been his case manager throughout the process and have gotten to know him extremely well during this time. Thus I have witnessed not only his care progression with our own VSO, but the services he has received from MWAM. Although Mr. Klepper has focused on healing invisible wounds of war via Boot Campaign, his physical functioning continued to decline significantly over the past several years, resulting in significant difficulty with mobility. Return to complete physical abilities that were present prior to his injuries was and is unlikely even with surgical repair.As such, he was in dire need of a service animal to assist him with activities of daily living. He applied for a service animal via MWAM in October 2020. Mr. Klepper received his service animal (henceforth referred to as Recon) in March 2021, after a multi-year training process for Recon and an intensive training process teaching Mr. Klepper how to safely and effectively utilize Recon. He and Recon graduated from this training program in April 2021 and I had the pleasure of attending this graduation. Not only can I attest firsthand at how MWAM has made a hugely positive impact for Mr. Klepper,who is very dear to me, but I was also able to meet other veterans and family members who have been blessed as recipients of MWAM service animals. I can firmly attest that this organization is not only upstanding and well-run, but also and more importantly: making a legitimate and lasting impact on the lives of our nation's heroes. I can only assume that the City of Virginia Beach is honored to have such a fine organization choose it for their new home and it is my sincere hope you will take the above into consideration as they continue their mission to serve. Should you have any questions, please do not hesitate to contact me at(214)803-6618 or via email (jennve.bootcampaign.orq). Sincerely, JE ER HOWLAND, PSYD D' tor of Health and Wellness I Licensed Clinical Psychologist October 15, 2021 To whom it may concern: I am writing this letter in support of the non-profit organization Mutts with a Mission. I have personally witnessed the life-changing opportunities this organization provides for so many in our community. I first learned of Mutts With A Mission in 2018,when my friend, a medically retired and injured marine, became a recipient of a service dog from Mutts with a Mission. This service dog gave my friend back his independence, provided him with a safe way to re-enter society and has helped him walk again. I was astonished by the life-altering transformation this service dog provided my friend and so thankful to learn of such a wonderful non-profit organization. After personally witnessing how this organization helps our HERO's, our Veterans and First Responders, I decided to become a volunteer in 2019. Since then, I have watched so many men and women come through the program and benefit from the invaluable services provided by MWAM. This organization truly enriches the life's of so many not only in our local community but throughout the United States. There is nothing more valuable in life than that of our freedom and Mutts with a Mission gives that back to so many who without their services,would not have the simple freedoms of walking out the door each morning. Thank you. Jeri Clay 625 Middleton Way Chesapeake,VA 23322 757-284-6804 10/13/2021 To whom it may concern: My name is Joane Ofeldt, and I have been a puppy raiser for Mutts With a Mission for a little over 2 years. I learned about Mutts With a Mission on May 31, 2019. I'm sure you recognize this date--this horrible day in our city left so many residents feeling helpless and heartbroken. On that evening, I saw a call for help on the news for qualified therapists to sign up to help on VolunteerHR.org. Despite the fact that I am not a therapist, I still followed the link--desperate to find a way to do something, anything. This is where I found Mutts With a Mission--an organization that gives service dogs, free of charge, to heroes. Mutts With a Mission gives these lifesaving dogs to men and women--just like our police officers and other first responders who rushed into Building 2 and witnessed trauma that could lead to debilitating diagnoses like PTSD. A couple days later I filled out my application to be a puppy raiser, and by July 2019 I had my first 8 week old Service Dog in Training (SDiT). I haven't looked back since. Through the weekly training sessions at the training center or outings in our community, the dogs I've worked with have learned incredible skills. They learn to recognize and mitigate anxiety. For example, when we learned of the way SDiT, Yahtzee's, soon to be recipient moves his hands when he is anxious, we taught her how to recognize that specific movement and gently stop it with her nose. This simple gesture helps bring him into the moment and out of his anxiety. Yahtzee can recognize night terrors and jump onto her person to wake him up and lay on his legs to give calming pressure. Yahtzee also wears a watch around her neck and comes running to her person every day when the alarm goes off as a medication reminder for him. Yahtzee picks up anything when asked-- such as dropped keys or socks. She can also go in search of and bring back his phone. Yahtzee can go and get help while at home or in a public setting. Yahtzee can tug open and push closed doors and cabinets. She can search and clear rooms in a house and turn on push button lights--one at a time to make sure the home is safe upon arrival. Many people who suffer from PTSD will not leave their houses because they are terrified of coming back into a house that may have dangers lying in wait. Mutts With a Mission service dogs mitigate these debilitating fears. There are too many skills that these dogs possess to name them all here. I was blessed to be able to meet Yahtzee's recipient in April 2021 on the first day of his training camp where he learned how to work with his new life saving dog. I cannot personally speak for him on how she has affected his life. However, I can say that as recently as last week, after having Yahtzee in his life since April, he reached out to several of us members of the Mutts With a Mission family to thank us all again for the blessing that Yahtzee has been for him and his family. I've been so happy in the months since he has had Yahtzee to see pictures of her accompanying his family to many different places. Though the main reason my family puppy raises for Mutts With a Mission is to help others, the added benefit is that we are teaching our children about service to others. My three children actively participate in our dogs' training. They learn that even though it is so hard to give these beloved dogs back at the end of their training, that they are a part of a bigger community where sometimes we need to do hard things to show our love for our neighbors. It is hard having perpetual puppies, it isn't always convenient to give of our time and our energy, but helping the people who have served and given so much for us is worth these minor inconveniences. This is a message we hope to spread to people who don't understand. Yahtzee is just one example of the dozens of dogs trained by Mutts With a Mission that are saving lives. It has been an honor in my life to be trusted to help train these invaluable dogs. Thank you, Joane Ofeldt 1941 Clifton Road Virginia Beach, VA 23457 (443) 235-9244 Julie Rybarczyk 561 Rose Marie Avenue Virginia Beach, VA 23462 Jules727r@gmail.com 757-286-6844 October 20, 2021 Re: Mutts with a Mission Dear Sir/Ma'am, I have been associated with Mutts with a Mission for over 2 years. I am a disabled veteran and I suffer with PTSD as a result of my military service. I am also a recipient of a fully trained service dog through Mutts with a Mission. My service dog, Reagan, has changed my life. Before I received Reagan, my PTSD and anxiety was debilitating and resulted in suicidal ideation and multiple psychiatric hospitalizations. Reagan has helped me in many ways. He is always with me and is in tune to any changes in my emotions. Reagan intervenes and calms me down when my anxiety rises during a flashback or at night during a nightmare. He also reminds me to take my medications on time—which had been a challenge in the past. Most importantly, Reagan accompanies me when going out in public and attending activities, providing support and intervention during flashbacks or panic attacks. I am proud to be associated with Mutts with a Mission. Not only do they provide fully trained service dogs which are life changing, they are dedicated to each team and provide ongoing support. I am thankful for Mutts with a Mission and the help Reagan has provided in changing my life for the better. Thank you for your time. If you have any questions, please do not hesitate to contact me. Julie Rybarczyk October 12, 2021 To Whom It May Concern, As a volunteer Puppy Raiser at Mutts With A Mission(MWAM), I recognize this organization as a benefit to our community. Mutts With A Mission is dedicated to providing ADI(Assistance Dogs International)accredited service dogs to Veterans,Wounded Warriors, Law Enforcement Officers, and First Responders injured in the line of duty. I have spent three years volunteering with this organization, and I have never experienced a more rewarding undertaking or met people more dedicated to a cause. The positive attitude and like-minded thinking are consistent and infectious. Mutts With A Mission began with the idea of an Army soldier and her dog,Angus. While stationed at Fort Benning,GA, founder Brooke Corson drew inspiration from the positive interaction between Angus and the troops returning from active service. Thanks to Angus, it became clear that dogs can heal. The optimism he created at Fort Benning served as the foundation and catalyst for the 2008 creation of Mutts With A Mission- 501c(3)nonprofit. Many in the general public are unaware of the alarming rate of suicide among Veterans and First Responders. Statistics show that approximately 20 veterans commit suicide daily. The causes are numerous: depression caused by post-traumatic stress disorder(PTSD), difficulty transitioning back to civilian life,war protests,decreased mobility due to aging or disabling injury leading to isolation and loneliness are among the list. At its founding,the mission was on serving Veterans and Wounded Warriors. Since that time, MWAM has recognized increased suicide rates among Law Enforcement and First Responders; many in this group experienced trauma in the line of duty. Police officers ranking in the top three professions for suicide. MWAM became highly alarmed by these statistics. These numbers are people,and that's what drives Mutts With A Mission; to help restore an unlimited life to those willing to serve limitless for our great country. So,with a proven way to respond, in 2019, MWAM expanded services to Law Enforcement and First Responders that experience PTSD and line-of-duty-related disabilities. Professionally trained service dogs help alleviate the burdens of mobility-related disabilities, Traumatic Brain Injury(TBI), and Post-Traumatic Stress Disorder(PTSD). They do more than cause a person to feel good. Service dogs perform tasks that represent reproducible work. Examples include: retrieving dropped/missing items,medication reminders,opening/closing doors&drawers, scoping out dark rooms,turning on/off lights, getting help,recognizing signs of PTSD&calming the handler. Service dogs have access rights that no other dogs have, allowing the handler more opportunities for public life. At the onset,high standards were set for all MWAM dogs,requiring all puppies to pass a soundness and temperament test before entering the program. Training is systematic and fun that includes regular outings to ensure a well-rounded service dog in the end. Each new handler becomes appropriately matched and trained with their service dog. But,with the call of duty still at heart, MWAM went one step further. Wanting to give back the best possible,they became accredited by Assistance Dogs International. ADI has rigorous guidelines to ensure quality service dogs that are above the norm. They must perform a minimum of three specific tasks for the handler before being approved, among other qualifying standards. All dogs at MWAM perform twenty or more tasks. Benefits of ADI accreditation include ease of international travel and applying for Dog of Record benefits from the Veterans Affairs Department(VA) for veterinary bill reimbursement. It takes two years to train a service dog to completion. The estimated cost to purchase an accredited, fully trained,highly skilled service dog is in the range of$40,000-$60,000, an amount out of financial reach for most. With integrity at the forefront of the mission, each new handler that Mutts With A Mission assists receives a fully trained service dog, free-of-cost, to honor their service to our country and communities. There is no other organization that is as dedicated to their mission as they are to their integrity. Our community needs to support Mutts With A Mission. Tidewater finds pride in being the most prominent military population, so I believe it would be a disservice to block a permit for a nonprofit organization that works tirelessly to support a community of heroes who are often forgotten. Thank you, G4 teoe 14, Karen Goodwin-Barbour 948 Culver Lane Virginia Beach,VA 23454 757-735-2071 I am writing in support of Mutts With a Mission, a well-respected, non-profit organization,establishing a much needed facility in Virginia Beach to continue training service dogs. I have been a friend and supporter of Mutts With a Mission for many years. I was a volunteer puppy raiser for two service dogs in training. My first dog, Eclipse, has been a great asset to her veteran who, in turn, has been a great asset working with Mutts With a Mission in furthering their cause of providing specially trained service dogs/assistance dogs to our veterans,wounded warriors, law enforcement,first responders and federal workers at no cost to the recipient. My second dog, Lilly, became the first certified law enforcement facility dog in Hampton Roads trained to serve and support the emotional needs of officers and became part of the Norfolk Police Department. Being a puppy raiser for this organization has been the most rewarding experience of my life. I spent a total of three years raising these two dogs, attending weekly classes, reinforcing the lessons at home, and exposing them to different environments. Brooke Corson and all the staff and volunteers are dedicated, hard-working supporters of this cause. They are professional and were always willing to assist me whenever needed. The facility they were using in Portsmouth was limited in size. The dogs had a small area for training,exercising and playing. Therefore, I was excited to hear they purchased a large piece of property in Virginia Beach and of the expanded possibilities for the dogs in training. It is an accredited organization with dedicated people working hard to provide the best service dogs to those who have served our country in this area and beyond. I am no longer a puppy raiser, but I continue to support this much-needed organization by attending events and donating. I hope you will be a supporter,too, in helping them establish this new facility in Virginia Beach. Thank you, Kathy Watts October 13, 2021 To: Re: Advocating for a Conditional Use Permit for Mutts with a Mission I am a Puppy Raiser for Mutts with a Mission. I have raised one service dog for them to completion, and am in the midst of raising two more, one a 15 month old yellow lab, and one a 4 month old lab/golden mix. I have previously raised a puppy for Guiding Eyes for the Blind guide dog organization. I believe that I am qualified, at least from a puppy raiser's point of view, to speak to the merits of service dog raising and training, and to the value they provide to their partner once training is completed. I can also share my limited experience as to how having such a facility might impact a community. Puppies are routinely placed with puppy raisers between two and three months of age. By this time training has already started at their birthing facility, they have been screened for the likelihood of having the health and temperament to become a future service dog with proper training. They are already learning to sit and potty on command, to walk on a loose leash, to have acceptable people greeting skills, and to be able to explore and navigate a variety of environments. I spend my beginning days with each puppy reinforcing name recognition, basic skills, and integrating them into a household in preparation for their future role as a service dog integrated into their partner's household. Together the puppy and I attend weekly classes at the training center where we continue to learn both basic obedience skills and tasks specific to their calling as a service dog. Between classes we practice lessons at home and socialize the dogs extensively in a wide variety of social settings. At this point in 'my' older pup's training he can perform over 50 commands (yes, I counted them one day), and accompany me nearly anywhere I choose to go. He goes with me to stores, restaurants, doctor's appointments, meetings, sightseeing, and with permission, into individual's homes. I routinely overhear people commenting on his good manners in public setting, and I take great pride in this, knowing that people's opinion of service dogs in general may well be based on their observation of`my' dog in particular. I place 'my' in notation, always careful to remember that this pup belongs to Mutts with a Mission, not me, and that the ultimate goal is that he serve a veteran or first responder with service related disabilities. `My' younger pup is working on basic obedience skills, and skills for accessing public places. He has already completed successful trips to Lowe's, Food Lion and Walmart, and is resting quietly on his mat beside me as I write this. Ultimately, the goal and focus is on the completed product, and I am extremely proud of Recon, who has completed his training and been partnered with his veteran. Recon's skills enable him to perform tasks that increase his partner's ability to be active in the community. Among the many tasks he can do Recon can pick up anything from a credit card to a crutch and bring it to his partner, open doors and drawers, fetch phones, and alert his partner when it's time to take medications. Additionally, Recon has, on one occasion, gone as he was trained to do to get help when his partner fell in a potentially life threatening situation and was unable to regain his feet without assistance. Obviously I am extremely proud of the service Recon provides. I believe that Mutts with a Mission is an organization that any community would be proud to claim exists within it boundaries. Think of the bragging rights! From my limited experience as a puppy raiser, I see the impact on the community being primarily the increased traffic to and from the facility as we puppy raisers come and go to classes for our pups. However, most of us own homes and have families, and all of us know how to drive thoughtfully in the community. There may be occasional larger gathering, for example for Graduation and Partnering Celebrations, but they are held during the day, with children present, and appropriate behavior is always expected for the sakes of pups in training who will be present, for the dignity of the celebration, and for our neighbors's sake. Our previous training facility was rented space in a strip mall, and I am not aware of any negative impact on neighboring businesses, in fact I rather felt we brought some class to the space. Our dogs are not typically vocal, as barking is generally frowned on as a trait for service dogs. We clean up after our dogs, as is the expectation any time our dogs potty in public spaces. We believe that good behavior in public begins with high expectations at home. Given the monetary value of each dog once fully trained, their health and safety are high priorities, so dogs never run loose, are trained to have good recall, and their health is carefully guarded. Given that the dogs are provided free of charge to qualifying veterans and first responders, I feel that we are serving and giving generously to our community and those who serve us. I consider each puppy I raise to be a two year mission project on par with many of the important mission opportunities our churches and other civic organizations provide. I therefore advocate for the granting of a Conditional Use Permit to Mutts with a Mission, and advocate holding both them and their neighbors to the highest standards of neighborly conduct. Sincerely, Linda H. Lowe, puppy raiser Benelli, service dog puppy in training Tiller, service dog puppy in training October 12, 2021 To Whom It May Concern, I'm writing on behalf of Mutts With A Mission. Steve Wray and I have owned Long Bay Pointe Bait and Tackle in Virginia Beach for 22 years. As many business owners know, charities often request in-kind or financial support throughout the year for their organization. While we've given in-kind support in past years to nonprofit organizations,we decided this year to provide financial support to Mutts With A Mission. We based our decision on solid evidence of the strength of mission,the community served, and the quality of character of the people involved. My business partner, Steve Wray, is a retired firefighter giving over 30 years of service to the community of Virginia Beach. He knows firsthand the physical and psychological impact the job has on those who willingly serve to protect, rescue, and aid others. In addition, it is impossible not to recognize the need for veteran services provided by non-governmental organizations like Mutts With A Mission. Suicide within these target populations is above that of the general population and is on the rise. Why would anyone try to stop an organization with an upstanding mission and pure dedication to its people from moving forward? Long Bay Pointe Bait and Tackle dedicate its support of Mutts With A Mission in any way we can. We hope you will as well. Thank you, Connie Barbour, Business Owner Long Bay Pointe Bait and Tackle 2109 W. Great Neck Road Virginia Beach, VA 23451 757-781-7517 To whom it may concern: I have personally volunteered for Mutts with a Mission for about 4 years as a puppy raiser. The amount of work and training that is involved with raising these puppies is incredible. I am honored to be a part of this amazing nonprofit. The program is extremely thorough and provides exposure and behavioral lessons for the service dogs in training, disabled individuals, and the volunteers. Mutts with a Mission is a wonderful organization that creates opportunities for disabled veterans that may not otherwise known is available to them. Veterans who commit suicide everyday due to their disability or PTSD issues could be helped-and are helped- by this program. I have corresponded with few of the veterans and heard their stories and the positive impact that Mutts with a Mission organization has had on their lives. I cannot imagine how the disabled individuals would feel if the program was discontinued. Their lives have been extremely difficult already, and missing out on this program could contribute to their harships. This organization does incredible volunteer work, truly a mission to be proud of within the community. Nicole Ballard GySgt Seth Vance United States Marine Corps (Ret) 1656 Jorrington Street Mount Pleasant, SC 29466 22 Oct 2021 To whom it may concern, My Name is Seth Vance. retired Gunnery Sergeant (GySgt). United States Marine Corps of 23 years of service I retired in August,2016 after serving mainly with Special Missions Units (SMU) and Special Operations Forces (SOF) both intra and joint organizations. I deployed (5) times for 6-7-month combat tours supporting both Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF) I as well deployed countless other times in a non-traditional deployment cycle(s) for less than traditional (6-7) month tours again, supporting OIF and OEF. I as well participated in numerous pre- Global War on Terror (GWOT) operations such as Joint Endeavor and Deny Flight in Bosnia and Sea Signal and Sea Angel in both Cuba and Bangladesh among many others. The intent of this letter is to explain the critical need for Mutts with a Mission (MWAM) as an organization to current and former War Fighters and First Responders that support this country every day. MWAM is a long standing, professional, highly accredited organization that provides the highest level of trained service dogs to the previously stated members who have suffered documented. employment (combat or first response) related injuries that require support in which "medicine" or conventional medical support cannot offer and never will. MWAM ONLY 1 of 3 Assistance Dogs International (ADI) accredited organizations in the entire state of Virginia and the only one in the direct area This qualification is recognized globally and is the highest level of certification that can be earned for an accredited service dog organization. The level of achievements and certifications MWAM has earned takes an incredible amount of time dedication and the unending will to support those that support our country Shortly after military retirement. I had a severe incident on 22 Sep 2018 in which suffered a heart attack. (2) strokes, both kidneys went into renal failure and I became septic (all the same night: one compounded the other) due to combat related trauma and improper issuance of medication from medical providers When I was found, I was unresponsive and in the last stages of death: I passed in the ambulance enroute to the hospital. I somehow was brought back to life in the Emergency Room (ER). Upon awakening, I was deaf and could not move. I had broken thoughts and difficulty speaking. After several weeks in the Intensive Care Unit (ICU), I did regain my hearing but my body was not the same, and never has been since. While recovering in the ICU my wife realized that we needed a different form of healing to not only help in the requirement for 24-hour constant recognition in case of both unseen and unheard changes (chemical and/or physical) as well as additional issues that neither me or my wife can recognize ourselves e.g., elevated blood pressure. early stroke recognition. To include invisible recognition of critical issues we as well realized I required mobility support, anxiety support night tremors and night terrors support and a means to locate an individual to respond if or when become unresponsive again. My wife luckily located MWAM, submitted the in• depth, highly selective package which verifies the legitimacy of who you are, if you rate and both deserve a service dog of MWAM levels of qualification(s). Fortunately. I was accepted into the program with welcome arms. After successfully completing the in-depth service dog handler training and pairing process with the selected service dog. I graduated with Delta. the greatest gift I have ever received. I have been with Delta now for 2 !Az years; she has never left my side. Delta and have traveled all over the country in air ground and on ship: in the city. suburbs. deserts and fields She sleeps next to me every night and I wake to her every morning. I am incapable in finding words to express the enormous positive impact she has had on my life. To clarify. if possible if she wasn't here. I wouldn't be either,There is absolutely no doubt in my mind of that. M\%'AM is a not only a state but a national treasure and should be treated as such. To not recognize this organization in the highest regards of respect in an absolute atrocity. To think of this organization as some dog shelter is even worse, it is an inexcusable sin Yours sins ly, GySgt Seth Vance United States Marine Corps (Ret) Good afternoon, My name is Sherry Reeves and I have be a resident of Virginia since 2000. Outside of my professional career as a licensed nurse, I have contributed extensive volunteer hours both in the Tidewater region and across the state. I have worked directly with The Health Wagon, Chesapeake Medical Reserve Corps, Remote Area Medical among other charitable organizations. My father in law,father, husband and son have proudly served in the United States military and I, living in this very large military community, have had the honor of knowing many veterans, including some with both physical and mental injuries directly connected to their service. I heard about Mutts With a Mission from a friend who was,at the time,actively raising a puppy for the organization and I instantly knew that this was an organization that I wanted to know more about. I learned that they provide fully trained service dogs,free of cost,to veterans,first responders,federal workers, among others and, at that point, I knew that this was an organization I wanted to be a part of. I am currently training a yellow Labrador named Scout who I have had since she was 8 weeks old and is scheduled to graduate in November. Scout accompanies me everywhere,to grocery stores, doctor appointments, restaurants,among other places. She is well known in my community and to friends, business owners,and others who look forward to seeing her"in action". She provides physical and emotional support as well as performing daily tasks that someone with a disability may not be able to perform,such as opening and closing doors and drawers,finding missing items,and actually seeking out help if the situation arises that her handler becomes incapacitated. The work that this organization does is so impactful that they have been invited to speak and share their mission at several events and businesses including Field and Stream in Chesapeake, Mid-Atlantic Home and Outdoor Living Show,and provided specialized training to the Portsmouth Fire and Rescue specific to managing care for veterans with service dogs. They have been featured on multiple media platforms such as "People Taking Action"on Channel 3 WTKR news, Costal Virginia Magazine and on the"Behind The Warrior" podcast which focuses on veterans impacted by EOD(explosive ordnance disposable)and their families. Mutts With a Mission has received stellar ratings from industry standard organizations such as GuideStar,Assistance Dogs International and Charity Navigator and has a reputation for operational excellence as well as caring and compassion to their dogs and the recipients of a service dog. I believe that this organization continues to be an asset to, not only those who receive service dogs from the organization, but to their community, both local and across the state. These dogs provide independence and a new outlook on life for those that have proudly and unselfishly served their country,sometimes bringing heroes from the brink of severe depression and suicide. They serve those who have proudly served us and I feel extremely fortunate to be able to call myself a supporter and volunteer for this organization and I am happy to say that I will continue to volunteer for Mutts With a Mission in any needed capacity. Working with Mutts with a Mission has been the single most positive experience of my life. I lost the use of my left hand in Iraq. Brooke and her organization changed the course of my life in a way that I could never imagine. I got my service dog from Brooke in 2015. We trained for almost 2 years. MWAM got me the documents and training I needed to get certified with my service dog, Battle. All the training and services were free of charge.This kind of organization has so many positive benefits to the community and their supporters. The dogs are very important to us (injured veterans)they make the world a better place for us. Allowing for more independence and a better standard of living. I am disappointed to hear that this organization is having problems with the plans to grow and expand their services in the area. The dogs trained here are taught to explicitly NOT bite. They do not bark or harass anything. They are not all completely trained of course, and some dogs do not complete the training due to aggressive behavior or something like that. However,that is a tiny fraction of the dogs that are trained by MWAM. Do not let the irrational fears from selfish people,who are only concerned about their own points of view, disrupt the righteous efforts to genuinely help disabled veterans. Steve Latch To whom it may concern, My name is Thomas Steffens. I am a Navy Veteran who served 34 years as a Navy SEAL. I am a Retired Rear Admiral who,since 2005, is active with veterans'support organizations such as the Navy SEAL Foundation and Exalted Warrior foundation. I have been particularly involved with vets who have lost multiple limbs and are suffering Traumatic Brain Injury and/or PTSD. Without question, each case is unique and a special combination of treatment modalities is needed. One of the most valuable is the Service Dog program. These are much more than just a guide dog. These service dogs are amazing and truly SAVE LIVES. They are trained to sense when their "owner" is upset or depressed.The dog then "bothers" his owner until the veteran realizes that he was on the path to despair and possible Suicide.All of a sudden THEY come out of it — as the Dog nuzzles them.The dog saved his or her life. I have heard this "story" many times from several owners. I know of no organization that does this better than Mutts With a Mission.Their ability to match up the right dog with the right veteran ( it is an art), provide tailored training to the dog AND to the Veteran, and continue to follow up is Unparalleled in my experience. We citizens can't do enough to support their"Mission" . If you have questions, please contact me directly. This program is a national treasure for these young Vets AND their families and their comrades . It effects all of us. PLEASE help them. Respectfully, Thomas Steffens Tom Steffens Rear Admiral USN (Ret).SEAL 757 362 6183 Va Beach Hi! My name is Eddie. I am a service dog for my dad William Clinton. We have been together for several years and there is no place I would rather be.He is retired from the Navy after 24 years and has severe PTSD and anxiety. I help him with many different things(which also helps my Mom,she actually sleeps at night now).I wake him up at night when he has nightmares and usually,I can do that before he gets to deep into them. I can sense them coming and I jump up on him and wake him up. It doesn't take to long for him to go back to sleep as long as I can catch his nightmare before it gets too bad. He usually takes me everywhere he goes which is usually the same places. He really isn't that into change or trying new things,but mom is working on that with him. I have noticed that he talks to people now when we are out and about when they ask questions about me such as where he found me,how long it took to train me (which wasn't long because I am just amazing),and what I do for him. He wouldn't talk to people before. I guess you could say I have helped bring him out of his shell. I do a lot of blocking for him so people cannot get too close to him(he is not a fan of crowds)and with the blocking I get in-between him and whoever is approaching so he does not feel as if his space is being invaded (mom says he hasn't always been that way,and that I have helped him navigate being around people). One of my favorite skills is when he starts to get anxiety. It's my favorite because I know when it is happening,and I get to jump up on him and lick him all over. So much fun for me,he is a little cranky at first until he realizes what has happened and he can compose himself. Luckily people get distracted by me they just think I am super cute,and I am just loving him up they do not really realize what has happened with him. I think most people would call this a lot of work,but I love being with my dad and couldn't imagine my life any other way! OH,and our trips to the local VA for appointments,he kind of lets me"go off the rails"as mom calls it and lets me go up to other veterans that I think just need a little love. They are not as fortunate as my dad to have me,so he lets me do my thing when we are there. I am usually exhausted after,but it is worth it! We are a team,and I am so happy Mutts With a Mission helps to make sure we stay that way and I am doing what I am supposed to be doing.Training and certification are an important thing for our family,and they make it happen. I hope that seeing this from my eyes helps you see how amazing this organization is and what they do for people like my dad.Mom says we really wouldn't be where we are today without the help of Mutts With a Mission. xoxoxo Eddie PS if you are worried that I do not get any down time,no need to! We live on a farm and I follow dad everywhere,we play ball,I chase field mice and chip mucks and always guard mom from creatures when she hangs the laundry. %`, .. t A a I am a disabled Marine Veteran. I have been forever grateful and so fortunate to receive my service dog Bosco from them. Bosco has changed my life forever and has enabled me to do more in my life that I thought was possible anymore. Bosco enables me to be the father that my kids need me to be and the husband that my wife needs me to be. He has enabled me to be able to attend sporting events that my daughters participate in and enjoy sitting in the stands and closer to the action and not watching from afar to stay away from the large crowds. I had stopped traveling for work because my disabilities were hindering my work abilities. Since receiving Bosco I have traveled both domestic and internationally for work.Without Bosco I would not be as successful as I am right now with my work. I have personally witnessed service dogs that have come from Mutts With A Mission change other veterans and first responders' lives dramatically. I communicate regularly with the folks at Mutts With A Mission. I have never had a negative experience with them and every encounter has been very positive in nature. I have and will continue to support Mutts With A Mission in any means possible.Their mission is an absolute necessity. I have seen other veterans pay tens of thousands of dollars only to receive a dog from other organizations that is truly unqualified to be a service dog. Mutts With A Mission is truly the Gold Standard when it comes to putting out quality trained dogs and serving the community of veterans and first responders. If you have any questions you may absolutely contact me at any time. Andy Ayo (813) 300-8969 andyayo@gmail.com To All, This is such an important program to empower veterans and first responders who have served us all so well. Please assist in any way possible. Be Well, Barry Hooah, Semper Fi, and Thank You All. To Whom it May Concern, I am currently a puppy raiser for Mutts With A Mission Service Dogs, raising 5 month old, Yellow Labrador,Ash. Even though I may be the newest member of Mutts With A Mission Service Dog Organization, I am certainly not new to accredited Service Dog Organizations. Over the past 21 years I have raised a total 15 puppies, 12 for Guiding Eyes For The Blind and 2 for BluePath Service Dogs. Over these years as a puppy raiser I have witnessed first hand that a Certified Service Dog not only changes the life of the individual that receives it, but it can also save a life by offering independence and safety to that individual. That same dog can also have a positive impact on the lives of their family members and their community. As a puppy raiser of 15 pups it is not uncommon for me to receive a phone call, an email or a note card in my mail box,from a recipient of one of my Service Dogs.Thanking me for....... "Your heart", "Your selflessness" and my most favorite one of all is"Giving me the gift of Independence". They also call to share stories. One of my pups is a Service Dog for a 10 year old non verbal Autistic boy. He received his Service Dog in March,2020. In June, 2021 after having his Service Dog for a year, his mom called me in tears and she couldn't thank me enough. She said, "For the first time in 10 years my son made eye contact with me and spoke his first words,which were," I love you momma". " As for Service Dogs saving a life/lives I knew a Service Dog named Salty,who led his blind partner and others to safety on September 11, 2001. Salty and his partner were working on the 86th floor when the plane hit the World Trade Center. ( If you want to see the documentary,YouTube National Geographic Omar and Salty.) I could go on and on about how a Service Dog can change/save a life in more ways than one. I'm sure you are familiar with the saying....."It takes a village to raise a child". Well the same is true for raising a Service Dog. It's not just the puppy raisers or the trainers.There's a lot more that goes into it. It also takes the community as a whole to get the puppy to reach it's end goal and to become a Certified Service Dog. Find it in your heart to change/save the lives of Veterans,Wounded Warriors, Law Enforcement Officers, Federal Workers and First Responders. Please support Mutts With A Mission Service Dogs by approving what they are trying to accomplish and become a part of"The Village". Kind Regards, Donna Kust I'm writing this as a 100%service-disabled,3-time cancer surviving,31-year, Navy Veteran. During my time in the Navy I deployed to the War in the Falklands, Haitian Refugee Rescue Operations,twice to the first Gulf War,and again for the second Gulf War. During those 31 years I was exposed to just about every carcinogen you could think of including: 2 REM of ionizing radiation,asbestos, red lead paint, numerous shipboard fires,the smoke of oil well fires off of Kuwait, and the smoke and fumes from burn pits. I retired after 31 years in 2007 with my only problem being sleep apnea and bursitis in my left shoulder. I was playing golf 2-3 times a week and umpiring fast-pitch softball at the high school and college level. In 2011 and 2016, I underwent procedures for recurring bladder cancer. In March of 2019 I participated in a half-marathon at Universal Studios in Orlando, FL. Suddenly in June of 2019 my life changed forever. I had trouble climbing stairs and my back was hurting. X-rays and CAT scans showed spinal damage but more importantly a growth on my circroid bone on my larynx. By September 2019, I needed a tracheotomy to breathe and in October 2019 I underwent a total laryngectomy. Physical therapy got me walking daily again, but then my back flared -the forgotten item due to my third bout of cancer. Due to the delay,the bone spur on my C5 vertebrae had grown into my spinal cord and I was risking paralysis with or without surgery and underwent a spinal fusion in 2020. All this was attributed to my time in the Navy, my circroid cancer directly linked to asbestos exposure at age 191 During my medical evaluations the VA diagnosed me as suffering from adjustment disorder due to all the changes in my health and life.Things like left side weakness and cannot climb stairs unassisted, I speak with a vice prosthesis in my trachea,due to the weakness and neuropathy I drop things all the time, I get winded walking to the mailbox and use a cane all the time to walk,and I take over 30 medications a day, not counting painkillers.As a laryngectomee, I cannot bend over to pick up things I drop due to the fact my rebuilt esophagus has no valve at the top.Things I drink and eat would come right back up. Due to all thus the VA recommended and prescribed a service dog from Mutts With A Mission. My hand- picked dog,trained for over 2 years; is not only there for my PTSD, but has been trained to alert me to smoke since I have no smell,to pick things up for me so I don't have to wait on my wife to come get it, to be a sturdy assistant should I fall to the floor(which my wife struggles with since I'm 245 pounds),to remind me of all those pills I'm supposed to take,to alert others if I am having trouble breathing or in distress, and many other tasks. My new life partner. All this is currently kept from me due to silliness in city politics and annoying neighbors in Pungo. Virginia Beach claims to be Veteran friendly, in fact with the Navy I doubt Virginia Beach would be the awesome city it is. But I need help numerous times a day and it is currently denied to me,despite Mutts With A Mission being the choice of the Veterans Association in Hampton Roads and being Assistance Dog International (ADI)certified. WHY? Edward W. Myers,Jr.,CMDCM-ret 757-748-3096 ewmyers1959@gmail.com 1105 Revelstroke Court VA Beach,VA 23454 To Whom It May Concern: I'm a lifelong resident of Virginia Beach. One of the hallmarks of our incredible community is the support we give to our military veterans. I can't even think of my hometown without thinking of the local military presence. I'm the son of a Marine. My mom was a Navy brat. My granddad served in Korea. Growing up, so many of my friends from Fairfield Elementary, Brandon Junior High, and Tallwood High were Navy families. Everywhere I went I saw those familiar khaki uniforms. Eventually, I even married into a Navy family. I didn't take that path personally, but I did choose to work in a public safety career. I recently became aware of a dedicated group of people who are working to help that same military community (as well as first responders) from a new home base in Virginia Beach. Mutts With A Mission trains and provides service dogs to disabled veterans and those in the public safety community. I learned about this organization through my Father-In-Law, a retired Master Chief in the Navy and survivor of multiple bouts of cancer, all deemed to be related to his military service. In addition to limitations he faces from the total laryngectomy he endured in 2019, he faces mobility challenges from a spinal condition. Access to a service dog directly equates to increased mobility and independence, as well as the well-documented emotional benefits. Simply put, it is a life changing opportunity in the middle of this warrior's toughest battle to date. I've also had the opportunity to run in a 5k fundraising event for this organization at Camp Pendleton and was inspired to see the many service dogs in training with volunteer handlers. To know that these dogs are being trained locally is incredible, and to be able to show our support for Mutts With A Mission as a community who seeks to honor our veterans is a precious opportunity. I am writing this letter to demonstrate support for this organization as they work through the various regulatory challenges necessary to operate here in Virginia Beach. Simply put, Mutts With A Mission is the kind of organization that any Beach resident would be proud to identify as part of our community. Sincerely Josh Nelson Avalon Hills, Virginia Beach To whom it may concern, I'm writing to voice my unwavering support for Mutts With A Mission! My wife, Lauren, is a recipient of one of their professionally trained service dogs, and I can say, without a doubt, this dog saved her life. Before Annie(my wife's dog),Lauren was unable to leave the house. A military veteran sidelined by PTSD, she couldn't muster the courage for a "simple"trip to the grocery store. Mutts With A Mission(MWAM)gave Annie all the tools and training she needed to do her job and Annie gave my wife a purpose.Now the two of them give additional meaning to my life. Lauren and Annie were paired together before I met them, and I had little to no exposure to service dogs before meeting the two of them. As "the new guy"in the relationship, I could see the bond the two of them had built together, and I learned very quickly that their story was common among the MWAM Family. They truly ARE a family. Brooke Corson,the founder and director,has such an evident passion for what she does. And what she does is train some of the most incredible dogs to aid in tasks for wounded veterans and first responders. The training these dogs receive is unparalleled. In addition to this life-changing work, Mutts is active in support of their local community! They are an organization that cares about giving back and have demonstrated their commitment to this goal by partnering with local businesses,providing volunteers for community events,and by providing valuable educational opportunities with their dogs and handlers all across Hampton Roads. It is absolutely essential that Mutts With A Mission be given an opportunity to continue their vital work. There are far more veterans in need than they can possibly help,but this organization has dedicated itself to helping as many as they can. If you have any additional questions regarding my support or experiences with Mutts With A Mission,the dogs they've trained,Brooke, or any other member of the team,please do not hesitate to contact me via any of the channels below! Respectfully, Kyle S. Oliver,Maj,USAF Thunderbird 6, Opposing Solo USAFADS,"The Thunderbirds" Kyle.oliver.207@gmail.com 937.271.2798 What Mutts With A Mission does is beyond words.They teach dogs to be the love and support that in some cases may be the only thing a veteran can rely on. As a 100%disabled vet myself it is easy and so comfortable to watch the relationship between the veteran and the 4 legged therapist. Michael Davis I have supported Mutts with a Mission because I come from a military family. My father and brother were 20 year Marines and my husband and brother in law were Army Officers. This country owes our Veterans a huge THANK YOU for their service. Many of them served multiple tours in Afghanistan which can result in PTSD and permanent physical injuries. We have an obligation to help them in whatever way we can, Mutts with a Mission provides trained companion service dogs to vets who can benefit from canine companionship. I wholeheartedly support this organization and appreciate the work they are doing. Sincerely, Nancy Stokely, Ph.D. Nicole Delaney Virginia Beach resident 347-277-2604 I am pleased to be writing a letter of support for Mutts With A Mission. My family and I strongly support this organization because of the life changing benefits it provides for our Veterans, First Responders, Law Enforcement and Federal Agents. Being a military family it is important to us to help our Veterans. Being a puppy raiser and volunteer has been very fulfilling and educational. As an organization whose mission is to better the everyday lives of the people who put their lives on the line for us, it is important that they have a safe facility to do so. Veterans across America have had life changing benefits with the receipt of a highly trained service dog from Mutts With A Mission, I have had the great joy seeing this first hand. We look forward to training these animals as well as educating people at our property in Virginia Beach for many years to come. Sincerely, Nicole Delaney MWAM Family, I'm so sorry to hear that you are dealing with such incredibly ignorant neighbors. I only hope that reasonable people with an ounce of patriotism and a pinch of common sense read these letters and put this non issue to bed silencing this outrageous attack on your mission to support veterans, police,fire and federal employees injured in the line of duty. It saddens me to think that there is a vet like me that could be made to go without a much needed service dog. I cannot imagine not having Ajax, my service dog,and the thought of this organization being sidelined by a vindictive neighbor upset that you will not use their dogs is sickening. MWAM has helped me create a new life after service to thi nation.Your organization has given me the ability to Imove on after injury. I'm sure that Virginia Beach, a veteran/Military community will see through this ridiculous situation and stop this hindrance to your mission. I strongly suggest contacting Andy Fox and allow the media to get this situation known to our community. I truly am sorry you all are being forced to deal with such nonsense. I just don't understand how anyone could be against such a wonderful group of caring people. I pray this letter helps extinguish this calamity of stupidity before a veteran's life is negatively impacted because your services are unavailable. Very Respectfully, LT(SEAL) Patrick Ferguson (RETIRED) Planning Commission, I support many organizations that train guide dogs for our solders and Mutts With a Mission is one of the best.They have helped many injured service men and women to begin to live their lives again with the help of a well trained service dog.Our troops have been left to deal with life changing injuries and an ever increasing demand for the services Mutts With a Mission provides at no charge. Charity Navigator rates them a four star charity which means they deliver on their mission and use the contributions I send wisely. I urge you to give them the permits they need to expand their outreach to our wounded warriors. Sincerely, Richard Korpan this group does an important mission helping our wonderful people who honorably serve our country and communities Sam Radakovich Mutts with a Mission is incredibly important to support all of our Veterans and all types of First Responders who are dealing with unimaginable issues. The Dogs they receive from Mutts with a Mission give them the support and independence that they need to function in both their families and society. The Dogs are a integral part of their lives and support them physically, mentally, and emotionally. When you haven't experienced the tragedies that they have faced, there is no way you can truly understand the impact on their daily lives. These men and women have put their lives on the line for us and our country. They deserve all of the help and support we can give them. Mutts with a Mission in an integral part of that, training and giving them the Dogs to accomplish that. That is why I support them. Thanks for reading this, Sherri 29OCT202I To whom it may concern, It is with great pleasure to write to you on behalf of Mutts with a Mission,to inform you on the positive impact they produce individually as well as in the community. Mutts with a Mission is a non- profit,ADI(Assistance Dogs International)accredited Service Dog organization for our nation and community heroes.They are so much more than what meets the eyes.The atmosphere they create is like having a second family who will always be there for you and will help you in every way possible. I have been fortunate enough to be part of Mutts with a Mission for a little over two years when I began volunteering with them. I began doing odd and end things around the training center,from cleaning up dog hair to cleaning the bathrooms. Shortly after I started,I was asked if I wanted to help train a dog. Without hesitation I said yes and begun to not only see,but also feel the benefits of what a service dog can offer.It is truly amazing what Mutts with a Mission is doing for our nation and community heroes who have given more than what was asked.These service dogs help these individuals gain their independence back,which is a gift of beauty within itself.They do all of this at no cost to the heroes. I have befriended many individuals who have either helped trained the dogs,volunteer,work,or received a dog. I am living with one of our heroes who received his dog,his best friend,because of Mutts with a Mission.I have witnessed firsthand an individual who has made tremendous strides in gaining back his independence.When we first started socializing,the hero was having a hard time going out into public.Once he received his dog,he slowly became more comfortable going out in public and today he can go out to eat on his own.Another example of the benefit of having a service dog is when he had medical appointments at the VA he would need a second person to go with him so he could leave the dog with them while he went and had X-Rays,MRIs,etc.done.He is now able to drop the dog off at home and go to his appointment alone when he needs these services done and the dog is not allowed to accompany him into these rooms.These are just a couple of countless examples I could write about. It saddens me to hear there are people out there who want to prevent Mutts with a Mission from continuing their amazing mission to help our heroes.Virginia Beach should be proud to have an organization like Mutts with a Mission,who helps our nation and community heroes,choose their city to call home. D nSincerely, 'o /areetO1 To whom it may concern, I am writing to express my support for Mutts with a Mission and their outstanding contribution they make to the community.Although I do not work directly with the organization, I see the impact they make in people's lives through my son Michael and his wife Sally as puppy raisers to Motto and now Rain. With the help of Brooke they spend two years lovingly raising and training a dog to then be paired with a lifelong partner who needs assistance either physically or emotionally. I have accompanied my son on a weekly training session with Brooke as well as seen the dogs following their training in the real world during outings with friends and family. The bond they share is remarkable. I recently spoke to a veteran that has had a service dog for 10 years. Although the dog was from an organization in North Carolina,when I mentioned Mutts with a Mission she immediately know who they were and expressed her admiration for the organization and their commitment to service members and the community at large. Mutts with a Mission is a growing organization with a worthy reputation that assists people with needs that I feel will only become greater as time go on. Please allow them to fulfill their mission. Sincerely, Christine Thompson cethompson@cox.net 28 October 2021 Subject: Letter of Support for Mutts with a Mission To local officials, Some organizations have the ability to bring a community together when they have compelling reason to do so. When it's a positive reason, it helps that community focus on civil matters that foster habits and behaviors that bring about positive effects that are almost impossible to measure. Mutts with a Mission has one of the most praiseworthy and encouraging outreaches that helps bring communities together for those positive effects. Mutts with a Mission has brought several communities together by serving wounded police officers, military members, firefighters, and many first responders that have sacrificed their ability to live within the communities they served. The nature of their efforts and their positive effects have allowed them to reach far beyond local and state boundaries. They have reached out and become internationally recognized and credentialed for the positive effects they have had on the lives of the people who serve our communities. This has caused an enormous amount of people and companies to become a part of this effort. I have seen first-hand how much their service dogs help the Police Officer in a wheelchair, the Soldier that lost his legs and the countless veterans with various disabilities that hinder their ability to live their lives.There is no cause that is more worthy of support then what Mutts with a Mission does. They help all these public servants get their lives back. I am one of the veterans who lost his ability to live a "normal" life due to injuries sustained during military operations. In order for me to safely be able to leave the house without an assistant I sought out a service dog to regain some independence. Mutts with a Mission helped me tremendously get back my independence with their service dog program. As a service dog owner, I have to deal with a small amount of criticism on a daily basis however I have found that the amount of support is usually overwhelming in comparison.The problem is that the criticism is usually louder and more aggressive than the people who understand what these dogs do. In addition, the criticism and complaints are almost always unfounded and based on personal biases that make no sense.The complaints don't take into consideration the simple concept that a service animal can make an enormous impact on the quality of life for that person but also make life livable again. Most of the time the impact these dogs have is extremely beneficial for everyone around them. Based off what I understand about this situation, it sounds like what I have to deal with almost daily. One or two people out of a thousand object to an animal that is virtually harmless and has only one purpose, to help wounded people live their lives again. I would strongly encourage the local governing agencies to support the efforts of Mutts with a Mission.They are there to help our defenders, they do not cause any unreasonable discomfort or negatively affect anyone's quality of life. All their efforts are positive for the majority of the people and communities around them. V/R Christopher Frost cefinusa@gmait.com (571) 733-8387 We have known and trained dogs with Brooke Corson for over six years. We know her to be a gifted dog trainer who is dedicated to improving the lives of disabled veterans. She and her organization are fantastic with the work they do and the dogs they provide. Brooke is a caring, conscientious and dependable person who loves animals and the veterans who benefit from theses highly trained dogs. She has always run an immaculate facility with the welfare of her staff and animals as her top priority. We consider Mutts with a Mission to be an asset to the community. Jim and Jo Bostek October 28,2021 To whom it may concern, lam a medically retired U.S.Marine and have personally seen the amazing, lifesaving work that Mutts with a Mission(MWAM)continues to produce. MWAM not only saves lives and enables independence for their qualified recipients,but they also enable independence for the families of their recipients. With this, I have seen numerous marriages saved.moms and dads more involved in their families and kids' lives,and greater community engagement. MWAM's programs involve volunteers throughout the community where families open their homes and lives to raise and train puppies to become Service Dogs being with the families for two years. Having these Puppy Raisers is essential to allow MWAM to grow and help more Veterans.Police.Fire Fighters and First Responders. That's right,puppies do not stay at MWAM. They stay and live with families throughout the community. With the Service Dogs in Training covered under Virginia Law,51.5-44,our Puppy Raisers expose these Service Dogs in Training to their purpose to serve. This law enables and gives Public Access to our Service Dogs in Training. Service Dogs in Training can also become Facility Dogs such as the ones placed at Norfolk Police Department and Herndon Police Department by MWAM. MWAM can do this with their accreditation through Assistance Dogs International and Virginia Law 18.2-67.9:1. Not only is MWAM an amazing organization,moving to Virginia Beach is a huge gain for the city and its communities. One of the major issues that Virginia Beach does have is puppy-mills such as Virginia Beach Golden Doodles. Places like Virginia Beach Golden Doodles(a puppy kennel and breeding business on Shirley Landing in Virginia Beach)put Service Dogs and Service Dogs in Training at risk and in danger. They put out puppies at will for profit vice performing purpose breeding lines. This is another reason why shelters are full throughout the community. MWAM is not your standard Service Dog Organization. MWAM is accredited through Assistance Dogs International. As the city can appreciate accreditation, it takes ten years to obtain this accreditation and is required to be renewed every five years. This accreditation enables qualified applicants to go onto DoD Installations as Service Dogs.Travel Internationally as Service Dogs, for Facility Dogs to be placed,and receive benefits for the Service Dogs through the Department of Veterans Affairs. Without this accreditation,none of this would be possible. I urge the community to stand with Mutts with a Mission,enable the permits to process and alleviate any delay in training these amazing Service Dogs in Training. It is my personal and professional opinion that Mutts with a Mission is unequivocally ready to continue their mission. ohn Gun ry e Leant USMC Retired Wonderful organization! Best of luck and I am happy to support your mission. kamaarten@aol.com Any organization that strives to improve the health of those who have provided invaluable service to our country as well as to improve the lives of the loyal companions who assist them has my most sincere support.The work of this organization begs our support in their endeavors. Karen Grejczyk Letter of Support for Mutts With A Mission 01 November 2021 To All Concerned Parties, Mutts With A Mission saved my life. Let that sink in for a moment... without this incredible organization, I would not be here today. They gave me the gift of a second chance at life, and I am forever grateful for the work that they do. Mutts With A Mission cares. They care about the heroes they serve. They care about the dogs in their program. They care about the people that volunteer. And they care about the community. I am a Veteran medically retired for severe PTSD and struggled before I found Mutts With A Mission. When I entered their facility for the first time,they knew exactly what I needed. They knew how to support someone struggling with the aftermath of military service. They welcomed me and immediately made me feel comfortable. Before Mutts With A Mission, I couldn't leave my house, and I had no purpose. They gave me a reason to get up every morning. In the three years since I have had my Service Dog, I have gained back my independence. She reminds me to take my medications, wakes me up from nightmares,turns on lights, can go get help, and performs PTSD episode alert and response. She does everything I could need and then some—which is a testament to the incredibly high standards that Mutts With A Mission adheres to. Their Service Dogs are of the highest caliber in every aspect, and the impact they have on the lives of disabled Veterans and First Responders is unmeasurable. When I found Mutts With A Mission, I found a family. This internationally accredited organization does more than just train phenomenal Service Dogs—they go above and beyond for anyone who needs it. The puppy raisers are incredibly selfless and are always willing to help educate the community by going to schools and events. The staff gets to know each person involved with the organization and will go out of their way to help you, even if that means sitting in court with you or helping you move. They even hired me when I couldn't find a job due to my disability. Mutts With A Mission is involved in the local community by working closely with small businesses, schools, fire departments,and more. The Mutts With A Mission team, made of staff,volunteers,puppy raisers, and recipients,is absolutely beneficial to the Virginia community and the entire nation. Letter of Support for Mutts With A Mission Mutts With A Mission saves lives. They saved mine. They have saved countless others. It would be a travesty for anyone to prevent Mutts With A Mission from serving our nation's heroes; the work they do is too meaningful,the Service Dogs they train are too important, and the positive impact on the community is too profound. I will leave you with this fmal thought—if the decision is made to prevent Mutts With A Mission from continuing their vital work and even one life is lost,that blood is on your hands. Very Respectfully, LTJG Lauren E. Oliver,USN(Ret.) Page 2 of 2 I want to express my support for MWAM by saying that I know, firsthand, just how important a dog can be to the recovery of someone with PTSD. My son-in-law is a retired Navy Seal who has suffered from PTSD since his retirement over 10 years ago. While he has received a lot of care and support and leads a productive and happy life today, I know he could not have done it without his favorite and constant buddy....a very loyal and loving golden retriever. The healing support given by having a support dog is immeasurable and much needed by those who've so bravely served our country...seeing and being involved in missions most of us could never imagine. Respectfully, Linda Haas I am writing in support of the establishment of Mutts with a Mission. Please make it possible for this worthy project to go forward. Thank you. Mary Lamm 405 Farintosh Valley Drive Durham, NC. 27703 From: Mr. Michael A.Thompson and Mrs. Sally Bull 3100 Moneta Drive,Chesapeake VA 23321 thompmlau@gmail.com 757-620-4093 sally.c.bull@gmail.com 804-720-6232 29 October 2021 To: Virginia Beach Planning Commission 2875 Sabre Street Virginia Beach,VA Planning Commission, We have been volunteering with Mutts with a Mission as Puppy Raisers and for other volunteer work as needed by the organization for over 2 years.We are writing this letter to provide information in support of Mutts with a Mission receiving a conditional use permit to continue to serve the veteran community from 2700 Shirley Landing Drive Virginia Beach,VA 23457 in Virginia Beach and beyond. Currently Mutts with a Mission has approximately 30 dog/handler teams which require on-site training. The only time we have ever seen all the teams invited to assemble together at one time is during semiannual graduation ceremonies which Mutts with Mission hosted at their previous location.On a regular basis most of the teams attend training 1 day a week for 1-2 hours per training session.The program sets training times to accommodate our continued work as Puppy Raisers without negatively impacting our personal or professional schedules.This requires the organization to provide training above and beyond normal business hours. However not all teams require this accommodation which allows the organization to spread team training sessions out throughout the day and week so there are rarely more than 3 teams and maybe 3 staff at the facility at any given time. 2700 Shirley Landing Drive was previously a working horse stable and riding facility which could house up to 30 horses and also hosted horse shows in the past that would have generated increased traffic on the street during the day and into the evening. By granting Mutts with a Mission a permit to continue their work at the new address,there would be no greater influx of traffic or patrons visiting the property than we expect you would have seen when the property was a working horse stable. Mutts with a Mission dogs are trained to not respond to visual or audible disturbances(such as a car driving by,thunderstorms,other dogs nearby,a doorbell ring, etc)which can typically elicit a bark response from a regular pet.The ability of these dogs to behave calmly,quietly,and to be attentive to their handlers and not fixate on outside distractions is a key part of Mutts with a Missions accreditation through Assistance Dogs International and is taught from day one of them entering the program.The installation of a solid barrier fence closest to the training facility and the installation of insulation and windows of the training facility will help to decrease outside noise and distractions so that the dogs can focus on their important training while they are at the facility to learn. As part of the continued renovations and upgrades to the purchased facility, Mutts with a Mission replaced the existing stadium lighting in one of the fields with newer more efficient lighting.As previously discussed not all training teams are available during daylight hours in the winter months. There are many instances where outdoor training is required and still needs to be performed in the evening. While this is not an issue over the summer months when sunset is not till 2030 hours, it is likely that this training will need to be conducted following sunset in the winter. Use of this lighting would be similar to if not less to when it was used to allow patrons of the horse stable to ride after dark or for evening horse shows and events. In the two years that we have been volunteering with Mutts with a Mission,they have only ever hosted service dog graduations during daytime hours.Almost all of the events/outings that we attend as volunteers on behalf of Mutts with a Mission are off site(such as shopping malls,the zoo, sporting events,etc.)or when Mutts with a Mission is invited by another organization to give a presentation or training or to attend an award ceremony where Mutts with a Mission is being honored based on their merits as a charity organization.With a reasonable proposition in the conditional use permit,appropriate conditions can be set to match standard quite time hours and lights off between 2200-0600 and allow issue of the permit while being respectful to the community and neighbors. If you have not yet been persuaded that Mutts with a Mission is deserving of a conditional use permit based on the 3 items we described above,then we will just mention the purpose and work the organization provides to the Virginia Beach community and to all of the veterans and first responders that Mutts with a Mission serves.This organization changes the lives of those they serve by providing a service dog at no cost to a veteran or first responded who has a work-related injury.These are the individuals that put themselves in harm's way for the rest of us and this organization works tirelessly to improve their physical and mental health by providing fully trained service dogs, many of whom come from our local communities in the Hampton Roads area. We have personally seen recipients become more mobile, independent,and social with the assistance of their service dogs. We believe in the mission of Mutts with a Mission and in the work ethic of the Mutts with a Mission staff. We cannot stress how much of a benefit it would be to allow this organization to call Virginia Beach its home. Not only is Mutts with a Mission an Assistance Dogs International accredited organization, but they have received several awards from the community for the work they do and have many community sponsors such as the Norfolk Admirals,Tidewater Animal Clinic, Mission Barbeque, etc.who believe in their mission as well. Personally, as Puppy Raisers we have met some incredible people through the organization.We have learned valuable skills for how to interact with and train service dogs.We have been educated about the laws and rights of individuals with service dogs. We are ambassadors of Mutts with a Mission in the community, and we are proud to share what we've learned with others so that the community understands the importance of respecting service dogs and the individuals they help to regain independence. If you have any follow up questions or would like to speak to us further, please do not hesitate to contact us using the information provided above. Respectfully, Michael A.Thompson Sally C. Bull November 1, 2021 To Whom it May Concern, I am writing you in support of Mutts With a Mission. I am a volunteer puppy raiser, and have been puppy raising Clover,a ten month old lab in the program. In January 2021, I started attending a Puppy Raising course to learn more about the program and volunteer opportunities. My husband is Active Duty in the Navy, and heard about the program from several coworkers who have had great experiences working with MWAM and who have personally benefitted from the services they provide. I immediately realized how wonderful and beneficial the program was, and knew I wanted to be a part of it. Brooke and Becca were welcoming, knowledgeable and extremely passionate about the work that they do. Clover was placed with us in March and we have been raising her, attending weekly training and outings and reinforcing skills at home each day. Brooke has taught us so much and has been incredibly supportive of us as first-time puppy raisers. She truly cares about the program, the dogs,the recipients of the dogs and the volunteers that she works with. The training that these dogs must receive is intensive and specialized in order to meet the specific needs of the individuals who they will go on to support. As volunteers,we rely heavily on Brooke and MWAM to provide the necessary care and training that the dogs need to ensure their success in the program. Everyone who works alongside Brooke and Mutts With a Mission has been looking forward to this move, and we are in support of them obtaining their Conditional Use Permit to operate at 2700 Shirley Landing Drive. The program has grown, achieved ADI accreditation and will greatly benefit from a permanent location from which to operate. The land provides adequate space for the dogs to interact and play, which is crucial to their socialization and development. The building will provide all of the Service Dog teams with a consistent indoor space for weekly training, as well as a space to have their basic needs (grooming,food, etc)taken care of. As a volunteer with a full-time job, having one central location where we can go to have all of the dog's needs met is extremely beneficial. Throughout these past ten months of volunteering with Mutts With a Mission, every single person I have met and interacted with has been supportive, genuine, caring and committed to serving others and the community. I am extremely proud to be a part of Mutts With a Mission and and to serve the community alongside such a fantastic group of people. Mutts With a Mission has my full support in continuing their important mission at 2700 Shirley Landing Drive. Michelle Sinkular michelledriskell@yahoo.com City of Virginia Beach, The below letter is my personal history and letter of support for Mutts With A Mission(MWAM)in their application for all city use permits and privileges. I am a Sergeant for the Chesapeake Police Department where I have been employed for almost 2 decades. I have suffered greatly in my professional career by being the responding officer to horrible things such as the deaths of co-workers/friends and working countless calls with dead bodies and victims of unspeakable acts of violence. This career took its toll on my mental health immensely and at one point I was suicidal much like many other officers in this field. I was diagnosed with PTSD and began treatment. Part of that treatment led me to seeking out Mutts With A Mission for assistance with receiving and certifying with a service dog. This has had a lifesaving impact. Because of what MWAM has done for me,other law enforcement officers, and military veterans we cannot stress how important this organization is to us,our families, and in some cases our career fields. My service dog is unique in that being a working law enforcement officer she has not just impacted my life but that of my co-workers and citizens of the City of Chesapeake as well. Science has proven by their encounters with my service dog their mental health improves as well. I can speak not just for myself on what Mutts With A Mission has done but for other city police agencies. I assisted the Norfolk Police in partnering with MWAM to provide the first police Facility Dog this side of Richmond. A program which quickly grew to 2 dogs and will continue to be a collaborative effort between the two agencies. I also contacted Virginia Beach Police who had begun a partnership with MWAM until city purchasing/contractual services ended up purchasing a dog outright from an agency in the Midwest. Working with the VBPD shows just how MWAM operates. Their non-profit status would not allow the sale of a dog to the city nor do they sell their dogs at all. MWAM is a training entity that does not breed animals. The dogs used as certified ADA Service Animals are from other breeders around the area and country. Volunteers raise the puppies in their home environments off-site of 2700 Shirley Landing Rd. This differs immensely from the advertised for profit business,Virginia Beach Goldendoodles,which may have some 15 dogs living on their property at one time which is located in the area. I was raised in the farming community of Southern Chesapeake near the NC State Line so I understand the misperception of some of the residents on Shirley Landing Rd. They see people coming into their community after buying a working horse farm they loved and not keeping it a horse farm. MWAM is an organization held to such high standards by it's certifying body that them coming into that property will be better for the city and the community then that horse farm ever was. Having spent half of my life enforcing, interpreting,and explaining city codes and law I can without hesitation back the Mutts With A Mission organization and ask again for the approval of their required requests to better the lives of many without hindering the lives of the few. Sincerely, Sgt. Mic el A Noha 12S od a ( Wi pixie VA ?3S2.2 To whom it may concern, My name is Patrick Brown and I would like this to be considered a letter of support for Mutts With Mission. I have a Service dog named Drea she helps me in my daily life she pulls my wheelchair and picks up anything I drop. Drea is a great companion and Mutts with a Mission is an amazing group who helps veterans and first responders. The opposition to Mutts with a Mission is Completely unfounded. The property next door is running a commercial kennel which would be louder then the training going on at the Mutts facility. Furthermore there will be no dogs spending the night in the facility so any noise at night would come from the commercial kennel next door. Thank you kindly, Patrick Brown PJ Ramsey 757.739.7966 P.O. BOX 628 Grosse Ile, MI 48138 29 OCT 21 Re: Mutts With A Mission, 2700 Shirley Landing Dr, Virginia Beach, VA 23457 To:The City of Virginia Beach I was introduced and interviewed by Mutts with a Mission (MWAM) in March of 2018. I was in the process of a medical retirement board from the US Navy for injuries sustained during my approximately 15 years of active-duty service in Naval Special Warfare. I was very closed off,guarded and isolated at this time. They (MWAM)were in Portsmouth VA. I remember not being comfortable driving to this location to attend training. I lived in Chesapeake VA at the time and did not like leaving the "country" and the sense of safety it brought me. A service dog was something I thought as well as my medical team and MWAM would bring me the independence I needed to start transitioning from active duty. I could not have asked for a better program and organization to be a part of. For over 2 years my dog and I navigated our way through the training pipeline and into civilian life. It did not come easy, but MWAM was persistent in helping me and supporting me through out and continue to do so. I have not met a more dedicated organization that supports our nations Veterans and Law Enforcement members then MWAM. Their move to Virginia Beach I believe was long overdue. They couldn't have picked a more PERFECT location then 2700 Shirley Landing Drive.That area will provide the teams in training the space, safety and freedom to accomplish the requirements needed to successfully graduate the program. I HIGHLY encourage all permits to be approved in a timely matter and without hesitation. MWAM goes above and beyond to help our nations veterans and law enforcement gain their independence back. They(MWAM) have personally strengthened my relationship not with just myself but with my family and friends as well. Having a service animal has saved my life, literally.The MWAM program has giving me the independence needed to get back into the civilian working world,travel and have a social life again. They are dedicated in helping all members of the program as they helped me. I have made lifelong friends through MWAM. Please consider moving forward with granting permits and welcoming MWAM to the Virginia Beach community. They are a great organization dedicated to helping Veterans and Law Enforcement and to think that is in jeopardy saddens me. I could not think of a better neighbor to have then the MWAM family and service dogs in training. I am available to answer any questions in detail the city may have for me. Respectfully, PJ Ramsey SO1, USN retired 30 Oct 2020 To Whom It May Concern, I have read with a heavy heart the accusations and ploy to block Mutts With A Mission, (MWAM), permits needed to continue our honorable mission of providing service dogs to our military heroes and first responders. I say 'our', as I am on the Board of Directors, and this Non-Profit is nothing but transparent and Honorable. I am also a Registered Nurse, working only with Wounded Warriors and Veterans, a military widow of an Active Duty Army Officer and also a veteran myself. I am involved in many Military affiliated organizations and have referred many individuals to MWAM, as I know they meet ALL the criteria to provide top of the line trained service dogs, as stipulated by DOD Regulation at NO COST. MWAM can provide these regulations per request. These animals make a major, an incredible difference in our heroes lives that suffer from both visible and invisible wounds of war. Why would these selfish neighbors wish to deny our heroes?? This is NOT going to be a boarding facility, NOT a commercial kennel, NOT a facility open to the public. The majority of our service dogs in training reside with puppy raisers and attend weekly or bi-weekly training.They train their few hours and leave. Why were these area residents not bothered by a commercial horse boarding stable? Horses make as much noise as dogs. Much more manure too that either needs burned or in a BIG manure pile.That was not bothersome? Having had horses many years and boarding them, owners come at various times days and nights to care for their horses. I did,working entirely around my nursing shifts. I have witnessed firsthand when I visited the property, neighbors walking up and down, making it overly obvious they were watching/spying. The Corsons have two young boys, I would consider that stalking! These letters target Brooke and Joe Corson. I find that childish and outrageous. Both are extremely productive and educated Virginia residents. Brooke herself is a veteran. The Board of Directors did not want to purchase property on the Suffolk side, as pointed out in one letter of protest.The sale of Corsons residence and property is NO business of anyone else, especially disgruntled neighbors. That property was not a convenient for our puppy raisers. The Shirley Landing property most definitely is much more convenient to our puppy raisers. MWAM too values the peaceful country atmosphere for training,future breedings . Remodeling will not last forever, MWAM desires to complete the project as soon as possible. By the way, gunshots is indeed something service dogs should be acclimated to hear. A well-trained service dog is exposed to many, many, MANY different sights and sounds before graduation. Please do not block the conditional use permit, it is an honorable and ethical program MWAM partakes in to assist our great nations finest men and women. Respectfully, Renice A Zimmerman,RN Tidewater Animal Clinic 538 E. Constance Road Suffolk, VA 23434 sip Phone:(757)925-2011 * w Fax: (757)925-2012 ANIMAL CLINIC To whom it may concern: 10/29/21 We are writing this letter to inform you of our experience with the Mutts With a Mission organization. We are the veterinarians who treat a number of these dogs and have 4+years of experience working with them. Mutts With a Mission is a nonprofit organization that trains service dogs to benefit veterans. They purchase puppies from dignified breeders and use puppy raisers to house and train those dogs. They are in excellent standing with our veterinary clinic and are willing to do anything medically recommended for those dogs. If you have any further questions, please do not hesitate to reach out. Sincere! 7—>tAvV\ d4CN)114 Adam Henderson, DVM and Katherine Henderson, DVM Owners,Tidewater Animal Clinic 538 E. Constance Road Suffolk, VA 23434 (757) 925-2011 October 29,2021 Dear Virginia Beach Planning Commission I am writing this to positively affirm our support for the Mutts With A Mission application for necessary permits required to establish this critically important non-profit business within the Virginia Beach community. Our Veterans of Foreign Wars of the United States(VFW) Post 10950 has several members that are suffering from Post Traumatic Stress and one is currently a volunteer at this organization. In his own words, "This organization has saved my life".The high density of veterans in this area and the effects of back to back combat deployments highlight the importance of establishing this capability locally. Nationally,over 20 veterans commit suicide daily and service dogs have proven an effective means to reduce this crisis. Our Post previously donated$1000 to a local veteran so that he could receive a service dog that had been in training for nearly two years.The cost helped to defray a weeks'expenses for travel and billeting at the training center in California.The need is here.Our donations can be more effectively applied at Mutts With A Mission in Virginia Beach.We have recently donated$250 to the Mutts With A Mission Team and plan to make periodic donations in the future because we strongly believe their work is important and life saving. We don't know the details of the building permit request but beg you to review it expeditiously,assist with necessary modifications,grant waivers if required and grant approval for this vital capability. Thank you for your favorable consideration. Fred Lamm Post Service Officer VFW Post 10950 .t ji iT CA, c,,,,,,i: „ploAev _ 1_7c _ 11r \., e--i '‘..-fe-- ,/1,:,,, ob , 44\6 ,3q--ift --klelav /----;,-, .i._ 4......,L,Irl c,,,e . clel?/--1- -r-7-e., .. A �n A t _ �Cfrci.-7, y. f,_J O✓jf 4 C-r r ---a t3C.0714-12,_t//--- p6fa_ 41,. boi ( ifs cx LA al .Feo,,-- i 5-,--/I e J1L7( 1 -/--c0tr . 4) ial, tit-17-k i- 67>-\a i i _f CI (-( / 117)2ti----/K 47 k-1-( 71 e Ili } ; tin 7-- -1(-J., Aitly oegid( lc/( . ir,' r-rAt ICi 4-ht. ---- ' j � 5 z_. , ,- l r .. ' 17 1.d/ 7 )fovv 1 `� jjCC _ :;./ To Whom it May Concern, My name is Adam Walborn, and I am a disabled veteran. I served in the First Gulf War and in Somalia. My service came with a price. I have various health problems. For years now I have been receiving treatment by the VA Hospitals and several other private doctors, with many ups and downs! I had/ have a feeling that no one really cares at all about me or my overall wellbeing. I'm just another statistic!!! One day my VA doctor highly suggested a Service Dog. I was very skeptical, but thought "I tried everything else, why not!" I started looking and found "Mutts with a Mission". From day one I felt I belonged. Not only do they care about the people in need, but they provide an invaluable service to women and men who have served their Country! Mutts with a mission trains Service dogs and teach us Veterans the benefits on how to let these dogs help our needs. They listen to our concerns;they try to help us to interact with society and face daily challenges that most people take for granted. The founder of Mutts with a Mission, Brooke Corson, is strongly committed to the health and wellbeing of the Service dogs and Veterans they serve. She and many other people involved with Mutts with a Mission constantly give up their time to help people like me, live a better life. Since I have a Service dog (my partner,faithful companion, and friend) I truly can say my life has changed in so many ways i could never imagine! My wife,friends, boss, and co-workers also commented that they recognized a difference in my demeanor and interactions. Mutts with a Mission is making a difference every day in my life! November 4, 2021 Re: Conditional Use Permit Good afternoon, I am neither a veteran nor a first responder. But over the past seven years I've had the pleasure of working with Brooke Corson and the incredible team at Mutts With A Mission. And when I was asked to serve on their board of directors, it was one of the great honors of my life. I've witnessed this program positively impacted not only the lives of the men and women who seek it' s help, but also the lives of many of their family members . Brooke Corson began this Service Dog training organization for one reason: to help as many struggling veterans as possible regain the independence and freedom they once enjoyed. She has been successful, but the need for her life-saving work is only growing. We've all seen the statistics . Nearly 22 veterans commit suicide every single day. But in recent years, that national tragedy has extended to the law enforcement community. More police officers commit suicide each year than are killed in the line of duty. This is why Brooke felt compelled �.. to expand MWAM' s mission to also help first responders in need. With its training facility based in Portsmouth over the past several years, the MWAM operation has flourished. And over that period of time they have become �� '" an indispensable member of the Hampton Roads community. My son Clayton, and daughter ilk -4 - �s Vivien, have enjoyed learning about t the entire Service Dogs training program. And along with my recently deceased mother Betty Miller, (a retired Virginia Beach City School teacher) , they volunteered at the Portsmouth training facility. Among other activities, they helped to decorate their Christmas trees and attended various outreach events . YsA irk�� ` MWAM' s tremendous success has meant .1 t that a greater number of veterans and k ,1 ' A first responders have begun to seek its b,�`� . help. But in their rented facility in l � r Portsmouth, the organization began , lor feeling somewhat cramped. 'h . ,titM This lack of space was beginning to t' cause issues, and a decision had to be ,Ilatf12 made about the long-term future. The first option was to stop growing. Just cap the number of those getting help at current levels. Of course, that would mean a large number of veterans and first responders in need. . . would be turned away. The second option -- relocate to a larger location and seize every opportunity to help as many struggling heroes as possible. The choice was easy. Earlier this year MWAM purchased a piece of property in the Blackwater area of Virginia Beach. This gives them the space to build a much more impactful training facility. More to the point, this gives them the opportunity to help more people in desperate need. Our culture has some bizarre ideas of what being a "hero" means . Some look to the sports world. Others look to Hollywood, or the music industry. But real heroism is earned through sacrifice. By putting everything you have on the line for the service for others -- and asking nothing in return. There are numerous heroes among us, and some of them have reached out to Mutts With A Mission for help. I strongly encourage the City of Virginia Beach to grant a conditional use permit. Mutts With A Mission is an incredibly positive organization and deserves the city' s full backing. Sincerely, D. Allen Miller, Jr Board Member, MWAM In January, 2019 I applied to be a puppy raiser. I didn't get a call until May, 2021 because of covid. Now I am officially a puppy raiser for Mutts with a Mission. It is an honor to raise a puppy that will be of service to our brave military,first responders, law enforcement and federal workers that have been injured and now need service from us. Mutts with a Mission provides program-trained service dogs.This is a program I am proud to be part of. Thank you, Andrea Ortwein 728 Grant Ave. Virginia Beach,VA 23452 November 4,2021 To whom it may concern— I wholeheartedly support Mutts with a Mission,a 501(cX3)non-profit organization. Mutts with a Mission is a solid non-profit organization which you should proudly welcome into your community. I have been associated with Mutts with a Mission since November 2019. I serve as the Secretary on the Board of Directors and I am the Volunteer Coordinator,both are non-compensated positions. I am a retired Coast Guard officer with over 31 years of service. I chose to join the Mutts with a Mission team as a volunteer to give back to the community and improve peoples' lives. I have personally witnessed people"re-become"themselves after receiving a Mutts with a Mission- trained Service Dog. They shared their stories with me and spoke of the physical,mental and psychological damage they had sustained while performing their jobs and the lack of assistance available to help them recover. They believed they were at the ends of their ropes with no hopes,dreams,or aspirations. They felt withdrawn and disconnected from their loved ones,their lives had little meaning, they felt no sense of purpose on this earth and they were desperate. The veterans and law enforcement officers who receive a Service Dog from Mutts with a Mission regain their sense of independence,freedom,and hope for a better future. Their family members and friends told me about the changes in their loved ones after receiving their service dogs and how grateful they were to get their loved ones back again. They spoke about how their loved ones came out of their shells, became conversant again,re-engaged in family and group activities,went back to work/church/school,rejoined society and planned for the future with them—attended children's school events,family vacations, reunions,weddings,made educational and career goals. Hope became possible for these heroes because the donors and volunteers at Mutts with a Mission generously give their hard-earned money or valuable time to train specifically selected puppies. The volunteer puppy-raisers bring the puppies into their homes for approximately 20 months to train and love them and expose them to all the experiences their future handler will need them to know. These volunteers selflessly give their time and hearts to improve the lives of strangers they may never meet. The miraculous healing power of a dog was the inspiration and motivation for Brooke Corson to create a non-profit to provide a trained Service Dog to an impaired veteran or law enforcement officer,free of charge to the recipient. Accreditation by Assistance Dogs International,the platinum standard for Service Dog organizations,validates the high degree of value of the Service Dogs from Mutts with a Mission. The details about Mutts with a Mission are available on the website: www.muttswithamission.org and additional information can be provided upon request. I encourage you to do your own research and not rely on any misinformation, hearsays or fabrications that may be offered. I am available to respond to questions or provide further information. Sincerely, Gt4,,A. Beverly A. Havlik Captain,U.S. Coast Guard(Retired) 1 Harbor Court • Apt 24H • Portsmouth,Virginia • 23704 • 757.670.8562 • bhavlik87@gmail.com Brent Martin 1009 Gauguin Drive Virginia Beach,VA 23454 brentjmartin2004Agmail.com Via E-mail 3 November 2021 Planning Commission City of Virginia Beach 2875 Sabre St, Suite 500 Virginia Beach,VA 23454 Dear Planning Commission: I am a service member with over 22 years of active-duty service as well as a long-time resident of our city. I am writing to express my full support to Mutts with a Mission in their application for the needed permits to operate at their new property. I was first introduced to Mutts with a Mission when I attended a resource fair at the Navy SEAL museum where I met Brooke Corson the Director of Mutts with a Mission. During our conversation I found myself opening up to her in a way that I very rarely did when first meeting someone. Her compassion and understanding of how the tolls that military service impacts service members is only outweighed by her passion for helping them. I walked away from our meeting not only feeling like someone understood but also with a potential option to help me with the things that have bubbled under the surface for years. With the support and encouragement of my family and friends I completed the application process to start as an owner trained team. Walking into the training center for the first time was overwhelming for me to the point where I sat in my truck for the better part of 30 min trying to talk myself into the building. One of the byproducts of dealing with the hypervigilance and chronic pain from the multiple combat deployments I have completed is I am extremely standoffish in public settings. When I entered the building I was greeted by a couple of teams that had just finished training, one of which was also a servicemember who explained to me to take it one step at a time and if it was a"bad day"that it was ok and to let the staff know what was going on they understood. Over the last 15 months that I have been actively in the program I have not only become more independent with the help of my dog Atlas,the team and family atmosphere that Brooke and her team has built has helped me to become more social and available when interacting with people. Personally, if it was not for Brooke and her staff I don't know where I would be today. Additionally, I have been able to witness the effect these dogs Planning Commission 3 November 2021 Page 2 have on others during the programs last graduation when I got to see firsthand the immediate changes that occur when they are paired with their dog. I understand that some in the new neighborhood have voiced concern over the move to the property on Shirley Landing Drive. I have personal knowledge of the lengths at which the staff has gone to introduce themselves and educate their neighbors to their mission as well as the projected way forward for this property. While many of these neighbors have expressed excitement to have them a few have insisted on harassing them by both filing false complaints with the city as well as spreading falsities to other neighbors as to the facts surrounding the use of the property. Additionally, these neighbors have proceeded to harass the staff and teams in training by taking unsolicited photos of them while on the property. If you have doubts as to the validity of this program and the quality at which it is ran I would propose you come visit the program and see it for yourself. Mutts with a Mission is a great program and will without a doubt be an asset to the veterans and first responders of Virginia Beach. Sincerely, Brent J. Martin To Whom It May Concern, As a retired veteran who suffered significant trauma in the military I honestly do not believe I would be alive and able to independently function in society if it hadn't been for Mutts With A Mission and my ADA trained service dog. After spending 25 years in the Navy I was well on my way to becoming a statistic, i.e. one of the 22 veterans a day who commit suicide, until my counselor referred me to this life changing non-profit organization. I thought I was beyond help but now I'm a strong advocate for service dogs for military veterans,first responders and those who suffer from certain forms of mental illness. This organization is truly life changing and I can attest to the integrity of it's founder and board of directors. Very Respectfully, Katherine'Chris' Kepler November 2,2021 Dianalyn Galiza 308 Avebury Way Chesapeake VA 23322 Cell (805)760-1678 Dear Planning Committee, I am a recently retired Navy veteran who served on active duty for 30 years. I am also a volunteer Puppy Raiser with MWAM to a 22 month-old Labrador named Kevlar. Kevlar is an MWAM Service Dog in Training (SDiT) and we've been training under Brooke's leadership for 18 months. I was flabbergasted to learn that Mutts With a Mission,a 12 year thriving non-profit organization whose reputation of professionalism and selfless service to our wounded veterans precedes her,is having to prove why it is good or risk closing MWAM... something is not right here. I stand strong in fervor with my support to MWAM,and the unfailing help shared with our wounded warriors. It would be an absolute wrong to stop the blessings a loving and beautifully trained Service Dog releases upon a much needed warrior and their family. Sincerely, Dianalyn L.Galiza J. APPOINTMENTS 5/31 MEMORIAL COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORIC REVIEW BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMI 11'EE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 .......................... The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e51255136d 16326a0c6588cf780b70522 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on December 14, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/07/2021 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L J R T I 0 C A DNC O M O O L O C N Y L ON OUW S T HCEEME S S E OE I H R Y B S SERNN CITY COUNCIL'S BRIEFINGS A. CENTERVILLE DISTRICT Michael Kirschman, RECREATIONAL STUDY Director—Parks and Recreation B. BONNEY ROAD DEVELOPMENT Taylor Adams, Deputy City Manager II- CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 Y Y A Y Y Y Y Y A Y Y VI. A-E F. MINUTES 9-0 AY A Y Y Y Y YYYY B 1. INFORMAL and FORMAL SESSIONS APPROVED S November 16,2021 T A N E D 2. SPECIAL SESSION APPROVED 8-0 Y Y A Y Y Y Y A Y Y A November 23,2021 B B S S T T A A I I N N E E D D G. PUBLIC COMMENT 1 SPEAKER 1. 35t°STREET PUBLIC PARKING PROPOSAL H PUBLIC HEARING 1 SPEAKER 1. PROPOSED PROPERTY TAX EXEMPTIONS a. The Cole Academy Preschool,Inc. b. Mutts with a Mission c. Shakyamuni Buddhist Meditation Monastery Hampton Roads VegFest d. New Light Community Outreach e. Wild Baby Raccoon Rescue f. Wave College Inc. t/a Wave Leadership g. College Your Wellness Inc. h. Discover Courage i. Junior Achievement of Greater Hampton j. Roads,Inc. J.1. Ordinances to AMEND City Code Sections: ADOPTED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y a. 2-83 re City holidays CONSENT b. 2-84,2-85 re annual/personal leave and 2-101 re defining Full-Time Employee CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:12/07/2021 PAGE: 2 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I O C A DNC O M O O L O C N Y L ONOUWS T HCEEME S S EOE 1 II R YBS S ERNN J.2. Resolution to DESIGNATE Birdneck Road in DEFERRED 10-0 Y Y A Y Y Y Y Y Y Y Y memory of E.George Minns(Requested by INDEFINITELY Council Member Wooten) J.3. Ordinance to AUTHORIZE the City to ADOPTED 10-0 Y Y A YYY Y YYYY participate in a Firearm Buyback Program and DESTROY surrendered firearms(Requested by Council Members Branch and Jones) J.4. Ordinances to AUTHORIZE temporary DEFERRED 10-0 Y Y AY Y Y Y YYYY encroachments into a portion of City-owned: INDEFINITELY, BY CONSENT a. Right-of-Way known as Sandfiddler Road adjacent to 2445 Sandfiddler Road re retain twelve (12) wood pile posts Deferred from November 9, 2021 (Request for Indefinite Deferral) J.4. Ordinances to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y A YYY Y Y Y Y Y encroachments into a portion of City-owned: CONSENT b. Property known as 352 Tuna Lane and Sand Broad Inlet,and two(2)five-feet(5')drainage and utility easements adjacent to 2813 Wood Duck Drive re construct and maintain vinyl bulkhead, marginal wharf, kayak ramp, fixed dock, boat lift and drive-on floating dock J.5. Ordinance to AUTHORIZE reduction in the ADOPTED,BY 10-0 Y Y A YYY Y Y Y Y Y purchase price and for credit to offset CONSENT development costs for 11.7 acres of City property on Bonney Road to be purchased by Olympia Development Corporation J.6. Ordinance to APPROPRIATE$678,000 to ADOPTED,BY 10-0 Y Y A Y Y Y Y Y Y Y Y Virginia Beach Volunteer Rescue Squad,Inc. CONSENT re two(2)interest-free loans to purchase three (3)replacement ambulances J.7. Ordinances to ACCEPT/APPROPRIATE: ADOPTED,BY 10-0 Y Y A YYY Y Y Y Y Y CONSENT a. $150,000 from What Works Cities to FY 2021- 22 Economic Development Operating Budget re Early Childhood Language Development Implementation Grant b. $53,080 from the Virginia Department of Social Services to FY 2021-22 Human Services Operating Budget re Adult Protective Services Program J.8. Ordinance to TRANSFER$681,569 to Capital DEFERRED 10-0 Y Y A Y Y Y Y Y Y Y Y Project#100581"Crime Prevention Through INDEFINITELY, Environmental Design"re renovation of the BY CONSENT Second Precinct Police Substation CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/07/2021 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L J R T 1 0 C A D N COMO 0 L O C N Y L ON 0 U W S T H C E E ME S S E OE I H R Y B S S E R N N K.l. MURPHY'S OF VIRGINIA BEACH / APPROVED/ 9-1 Y Y A N Y Y Y Y Y Y Y STEPHEN YUEN YEE FAMILY,LLC for a CONDITIONED Special Exception for Alternative Compliance re convert a portion of parking lot into permanent outdoor space dining area and space for new uses at 2914 Pacific Avenue DISTRICT 6—BEACH K.2. VIRGINIA BEACH DEVELOPMENT APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y AUTHORITY/ VIRGINIA BEACH MODIFIED/ DEVELOPMENT AUTHORITY&FROB, PROFFERED,BY LLC for a Modification of Proffers to a CONSENT Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7 — PRINCESS ANNE K.3 THE FRIENDS SCHOOL fora Modification APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y of Conditions re reduce acreage and MODIFIED/ expansion of the existing administration CONDITIONED, building; the construction of an outdoor BY CONSENT stage, classrooms and shaded art patio at 1537 Laskin Road DISTRICT 6—BEACH K.4. 1537,LLC for a Modification of Conditions re APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y reduce acreage for private school at 1537 MODIFIED/ Laskin Road DISTRICT 6—BEACH BY CONSENT K.5. HACKERS,LLC/POTTER PROPERTIES APPROVED/ 9-I Y Y A Y Y Y N Y Y Y Y GROUP, LLC for a Conditional Change of PROFFERED,BY Zoning from B-1 Neighborhood Business CONSENT District to Conditional B-2 Community Business District re convert an existing vacant building into an eating and drinking establishment with virtual golf simulators at 1532 Laskin Road DISTRICT 5 — LYNNHAVEN K.6. JOSE M.RIVERA/K&P ENTERPRISES, APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y LLC for a CUP re tattoo parlor at 549 CONDITIONED, Newtown Road, Suite 109 DISTRICT 2 — BY CONSENT KEMPSVILLE K.7. WINNER'S PROPERTIES, LLC / THE DEFERRED TO 10-0 Y Y A Y Y Y Y Y Y Y Y RUNNYMEDE CORPORATION for a CUP FEBRUARY 15, re motor vehicle sales & service at 3736 2022 Sentara Way DISTRICT 3—ROSE HALL K.8. JAMES D.WHITE REVOCABLE LIVING DEFERRED 10-0 Y Y A Y Y Y V Y Y Y Y TRUST for CUP re short term rental at 407 INDEFINITELY, 18`"Street,Unit A DISTRICT 6—BEACH BY CONSENT K.9 Resolution to ADOPT and AMEND the DEFERRED TO 10-0 Y Y A Y Y Y Y Y Y Y Y Virginia Beach Comprehensive Plan 2016 re JANUARY 4,2021, Stormwater Impacts for Discretionary Land BY CONSENT Use Applications CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/07/2021 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I O C A DNC OMO 0 L O C N Y L ONOUWS T HCEEME S S EOF 1 H R YBS S ERNN K.10 NIMMO UNITED METHODIST CHURCH WITHDRAWN,BY 10-0 Y Y A Y Y Y Y Y Y Y Y for a Certificate of Appropriateness re appeal of CONSENT Historical Review Board Decision at 2040 Nimmo Church Lane DISTRICT 7 — PRINCESS ANNE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 10:08 PM OPEN DIALOGUE 5 SPEAKERS 10:12 PM—10:28 PM ADD RECONVENE FOR SPECIAL SESSION 10:33 PM ON ADD RECESS TO CLOSED SESSION APPROVED 9-1 Y Y A YYY Y YYYN ON ADD CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 Y Y A YYY Y Y Y Y A ON L. APPOINTMENTS RESCHEDULED BY C ON S E NSUS 5/31 MEMORIAL COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT (COG)REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORIC REVIEW BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/07/2021 PAGE: 5 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W �` U R E L J R T I O C A DNCOMOOL 0 C N Y L ONOUW S T HCE EME S S E OE I H R YBS S ERNN PLANNING COMMISSION Appointed: 9-0 Y Y A YYY Y YYYA Holly T.Cuellar 1 Year Term 1/1/2022— 12/31/2022 Reappointed: David Weiner 1 Year Term 1/1/2022— 12/31/2022 SOCIAL SERVICES ADVISORY BOARD Appointed: 9-0 Y Y A YYY Y Y Y Y A Joann A.Mancuso Unexpired Term thru 6/30/2022 +4 Year Term 7/1/2022—6/30/26 ADJOURNMENT 10:58 PM