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6-21-2022 FORMAL SESSION AGENDA CITY OF VI=GINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL t41ABFA MAYOR ROBERT M. "BOBBY"DYER,At Large S ' c�S.t. VICE MAYOR ROSEMARY WILSON,At Large `s • MICHAEL F.BERLUCCHI,Rose Hal!-District 3 LINWOOD O.BRANCH,Lynnhaven-District S S BARBARA M.HENLEY,Princess Anne-District 7 U N.D. "ROCKY"HOLCOMB,Kempsville-District 2 LOUIS R.JONES,Bayside-District 4 r os. JOHN D.MOSS,At Large a°j OUR AARON R.ROUSE,At Large GUY K.TOWER,Beach-District 6 SABRINA D. WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES BUILDING 3(FORMERLY BUILDING 1) 2403 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY CITYATTO VIRGINIA BEACH, VIRGINIA 23456 RNEY-MARKD.STILES CITY COUNCIL AGENDA PHONE:(7GI 3A 3456 CITY ASSESSOR-RONALD D.AGNOR CITY AUDITOR-LYNDON S.REMIAS JUNE 21 2022 FAX(757)385-5669 CITY CLERK-AMANDA BARNES E-MAIL:CITYCO UNCIL@vbgov.com MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFING - City Council Chamber- 3:00 PM 1. PENDING PLANNING ITEMS Robert J. Tajan, Director Carolyn A.K. Smith, Planning Administrator II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM III. CITY COUNCIL AGENDA REVIEW 3:45 PM IV. INFORMAL SESSION - City Council Chamber- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION 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 June 7, 2022 2. SPECIAL FORMAL SESSION June 14, 2022 G. MAYOR'S PRESENTATIONS 1. 60TH ANNIVERSARY AWARDS Frank Drew C. Mac Rawls 2. RESOLUTION IN RECOGNITION Ronald D. Agnor—Real Estate Assessor H. PUBLIC COMMENT 1. PLASTIC BAG TAX (Requested by Council Member Tower) I. PUBLIC HEARING 1. PROPOSED LEASE OF CITY-OWNED PROPERTY 205 4th Street and 400 Atlantic Avenue J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-Owned Property at 4th Street and Atlantic Avenue with Ocean Water LLC for one (1) year, with four (4) one-year renewal options re overflow parking 2. Ordinance to INCREASE and REALIGN certain parking fees for implementation of a Resort Area Mobility Plan (RAMP)re operation, infrastructure replacement, and maintenance 3. Ordinance to PROVIDE direction to the City Manager re individual assistants for City Council Members (Requested by Council Members Henley and Moss) 4. Ordinance to AWARD a $5,000 Community Services Micro-Grant to New Vision Youth Services Inc. re support their Youth Uplift Project Expansion II (Requested by Council Member Berlucchi) 5. Ordinances re Compensation to City Council Appointees effective July 1, 2022: (Requested by the City Council) a. City Manager b. City Attorney c. City Clerk d. City Auditor 6. Ordinance to EXTEND the date for satisfying the conditions re closing a street dedication adjacent to Norfolk& Southern Corp.right-of-way and a private road northeast of Tolliver Road for DHW Joint Venture, L.L.C. 7. Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2022, re view each street or alley proposed to be closed 8. Ordinances to AUTHORIZE Temporary Encroachments into a portion of: a. City-Owned Property known as Treasure Canal, located at the rear of 2237 Leeward Shore Drive re maintain existing pier walkway and pier platform, and to construct and maintain a covered boat lift DISTRICT 8 (formerly District 6- Beach) b. City Property known as Lake Rudee, located adjacent to property owned by Joseph J. Lamontagne re construct and maintain rip-rap, wood open sided boathouse, wood pier, wood wharf, and wood pier DISTRICT 5 (formerly District 6- Beach) 9. Ordinance to ACCEPT and APPROPRIATE $80,000 of American Rescue Plan Act (ARPA) funding from the Commonwealth to the FY 2021-22 Department of Human Services Operating Budget re information technology infrastructure L. PLANNING 1. T-MOBILE CAMPUS EAST COMMUNITY ASSOCIATION, INC for a Modification of Conditions re communication tower at 5642 Campus Drive DISTRICT 4 (formerly District 2- Kempsville) RECOMMENDATION APPROVAL 2. AUTOBELL CAR WASH,LLC/BRENNEMAN FARM RETAIL ASSOCIATES,LLC for a Conditional Use Permit re develop car wash facility at 4577 South Playa Trail DISTRICT 1 (formerly District 2- Kempsville) RECOMMENDATION APPROVAL 3. SUITE MANAGEMENT FRANCHISING,LLC/HILLTOP SQUARE INVESTORS,LLC for a Conditional Use Permit re tattoo parlor at 550 First Colonial Road, Suite 23C DISTRICT 6 (formerly District 6- Beach) RECOMMENDATION APPROVAL 4. Ordinance to ADD Section 209.5, DELETE Section 242.1 and AMEND Section 901 of the City Zoning Ordinance (CZO) re tattoo parlors and body piercing establishments as permitted uses in B-2 Zoning(Requested by Vice Mayor Wilson and Council Member Berlucchi) RECOMMENDATION APPROVAL M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD STOP INC. TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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=e7bf5159e8c45f'9ddf760dc8ffb20d649 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on June 21, 2022. I. CITY MANAGER'S BRIEFING - City Council Chamber- 3:00 PM 1. PENDING PLANNING ITEMS Robert J. Tajan, Director Carolyn A.K. Smith, Planning Administrator II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM III. CITY COUNCIL AGENDA REVIEW 3:45 PM IV. INFORMAL SESSION - City Council Chamber- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION 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 June 7, 2022 2. SPECIAL FORMAL SESSION June 14, 2022 G. MAYOR'S PRESENTATIONS 1. 60TH ANNIVERSARY AWARDS Frank Drew C. Mac Rawls 2. RESOLUTION IN RECOGNITION Ronald D. Agnor—Real Estate Assessor H. PUBLIC COMMENT 1. PLASTIC BAG TAX (Requested by Council Member Tower) 4-0rU s `O' ..: 7 ftt„ s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Article XVI to Chapter 35 of the City Code to Establish a Disposable Plastic Bag Tax PUBLIC COMMENT: June 21, 2022 MEETING DATE: July 5, 2022 • Background: The General Assembly has adopted enabling legislation to allow localities to impose a tax upon disposable plastic bags provided to customers in grocery stores, convenience stores, and drugstores. The tax is in the amount of five cents for each disposable plastic bag. This tax is administered by the Virginia Department of Taxation, and the applicable grocery store, convenience store, and drugstore will retain one cent of the amount collected as a "retailer discount." The tax does not apply to bags used solely to avoid contamination or damage of ice cream, meat and perishable food items. • Considerations: While this tax will generate revenue, it is generally intended to discourage the use of disposable plastic bags, which often end up in waterways, parks, and streets. The use of generated revenue is statutorily limited to "environmental cleanup, providing education programs designed to reduce environmental waste, mitigating pollution and litter, or providing reusable bags to recipients of Supplemental Nutrition Assistance Program (SNAP) or Women, Infants, and Children Program (WIC) benefits." (Va. Code § 58.1-1745(B)) The proposal for a disposable plastic bag tax was brought forward from a group of supporters including Lynnhaven River Now, the Chesapeake Bay Foundation, TFC Recycling, Surfrider Foundation, Virginia League of Conservation Voters, and the Virginia Beach Green Ribbon Committee, Clean Community Commission, Parks and Recreation Foundation, and Aquarium Foundation. If approved, the tax would be effective January 1, 2023. • Public Information: This tax concept was briefed to the City Council on June 7, 2022. A public comment will be held on June 21, 2022. Because this would be a new tax, a statutorily required public hearing will be held on July 5, 2022. • Attachments: Ordinance Requested by Councilmember Tower REQUESTED BY COUNCILMEMBER TOWER 1 AN ORDINANCE TO ADD ARTICLE XVI TO CHAPTER 35 2 OF THE CITY CODE TO ESTABLISH A DISPOSABLE 3 PLASTIC BAG TAX 4 5 SECTIONS ADDED: 35-300; 35-301; 35-302; and 35-303 6 7 WHEREAS, a public hearing upon the imposition of a plastic bag tax was held at 8 the July 5, 2022 City Council meeting; 9 10 WHEREAS, the City Council hereby finds it appropriate to impose a plastic bag 11 tax and utilize the proceeds therefrom in accordance with Virginia Code § 58.1-1745; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. Article XVI of Chapter 35 is hereby added to the City Code to read as follows: 17 18 Chapter 35 — Taxation 19 20 ... 21 22 ARTICLE XVI. — DISPOS a :LE PLASTIC BAG TAX 23 24 Sec. 35-300. — Levy; tax rat- 25 26 Pursuant to Va. Code § 58.1-1 5, as amended, the City imposes a tax in the amount of 27 five cents ($0.05) for each disposable plastic bag provided to a consumer of tangible 28 personal property by retailers in grocery stores, convenience stores, or drugstores. This 29 tax shall be collected whether or not such disposable plastic bag is provided free of charge 30 to the consumer. 31 32 Sec. 35-301. —Administration; collection; enforcement; appropriation. 33 34 (a) The tax on disposable plastic bags imposed pursuant to this Article shall be 35 collected by the retailer, along with the purchase price and all other fees and taxes, 36 at the time the consumer pays for such tangible personal property. The state Tax 37 Commissioner shall then collect, administer, and enforce this tax from the retailer 38 in accordance with Virginia law and distribute the tax revenue to the City in 39 accordance with Virginia law and the applicable guidelines adopted by the state 40 Tax Commissioner in accordance with Va. Code § 58.1-1748, as amended. 41 42 (b) All revenues accruing to the City from the tax imposed by this Article shall be 43 subject to the appropriation limitation set forth in Virginia Code § 58.1-1745, as 44 amended. 45 46 Sec. 35-302. — Retailer discount. 47 48 (a) Beginning January 1, 2023, every retailer that collects the tax imposed under this 49 Article shall be allowed to retain one cent ($0.01) from the tax collected on each 50 disposable plastic bag. 51 52 (b) Any retailer that retains a discount pursuant to this Section shall account for it in 53 the form of a deduction when submitting its tax return and payment to the Virginia 54 Department of Taxation. 55 56 Sec. 35-303. — Exemptions. 57 58 The tax imposed under this Article shall not apply to the following: 59 60 (a) Durable plastic bags with handles that are specifically designed and manufactured 61 for multiple reuse and that are at least four mils thick; 62 (b) Plastic bags that are solely used to wrap, contain, or package ice cream, meat, 63 fish, poultry, produce, unwrapped bulk food items, or perishable food items in order 64 to avoid damage or contamination; 65 (c) Plastic bags used to carry dry cleaning or prescription drugs; and 66 (d) Multiple plastic bags sold in packages and intended for use as garbage, pet waste, 67 or leaf removal bags. 68 69 2. The effective date of this ordinance is January 1, 2023. 70 71 3. The City Manager is hereby directed to assemble a plan for the proposed use of 72 the revenue resulting from this ordinance. As provided in Virginia Code § 58.1-1745, the 73 appropriation of such funds are limited to "environmental cleanup, providing education 74 programs designed to reduce environmental waste, mitigating pollution and litter, or 75 providing reusable bags to recipients of Supplemental Nutrition Assistance Program 76 (SNAP) or Women, Infants, and Children Program (WIC) benefits." Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO L GAL SUFFICIENCY: City Attorney's Office CA5782 R-1 June 10, 2022 I. PUBLIC HEARING 1. PROPOSED LEASE OF CITY-OWNED PROPERTY 205 4th Street and 400 Atlantic Avenue _ , -..,,,,t.,..,.. ,,,,,, s, fail t,as.,0 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, June 21, 2022, at 6:00 p.m. in the Council Chamber.City Hall-Bldg.3,at the Virginia Beach Municipal Center.The purpose of this hearing will be to obtain public comment on the proposed lease of the following City-owned property to Ocean Water,LLC: An approximately 17,507 sq.ft(0.40 acre)lot located at 205 4th St(GPIN: 2427-22-8656)and 400 Atlantic Ave. (GPIN:2427-22-9617)to be used for parking for guests of Waterman's Surfside Grille and/or Ocean Key1)1(12 Resort. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385.4303; Hearing Impaired, call 711(Virginia Relay). Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office,Municipal Center,Bldg. 18,Room 228,phone number(757)385-5659. 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: httos://vbeov.wehex corrjvbgpv/o nstaee/gshp9MTID=e7hf5154e8c 45f9ddf760dc8ffh9NI i49. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on June 21,2022. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON:June 12.2022 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-Owned Property at 4th Street and Atlantic Avenue with Ocean Water LLC for one (1) year, with four (4) one-year renewal options re overflow parking 2. Ordinance to INCREASE and REALIGN certain parking fees for implementation of a Resort Area Mobility Plan (RAMP)re operation, infrastructure replacement, and maintenance 3. Ordinance to PROVIDE direction to the City Manager re individual assistants for City Council Members (Requested by Council Members Henley and Moss) 4. Ordinance to AWARD a $5,000 Community Services Micro-Grant to New Vision Youth Services Inc. re support their Youth Uplift Project Expansion II (Requested by Council Member Berlucchi) 5. Ordinances re Compensation to City Council Appointees effective July 1, 2022: (Requested by the City Council) a. City Manager b. City Attorney c. City Clerk d. City Auditor 6. Ordinance to EXTEND the date for satisfying the conditions re closing a street dedication adjacent to Norfolk& Southern Corp. right-of-way and a private road northeast of Tolliver Road for DHW Joint Venture, L.L.C. 7. Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2022, re view each street or alley proposed to be closed 8. Ordinances to AUTHORIZE Temporary Encroachments into a portion of: a. City-Owned Property known as Treasure Canal, located at the rear of 2237 Leeward Shore Drive re maintain existing pier walkway and pier platform, and to construct and maintain a covered boat lift DISTRICT 8 (formerly District 6- Beach) b. City Property known as Lake Rudee, located adjacent to property owned by Joseph J. Lamontagne re construct and maintain rip-rap, wood open sided boathouse, wood pier, wood wharf, and wood pier DISTRICT 5 (formerly District 6- Beach) 9. Ordinance to ACCEPT and APPROPRIATE $80,000 of American Rescue Plan Act (ARPA) funding from the Commonwealth to the FY 2021-22 Department of Human Services Operating Budget re information technology infrastructure I't -ti Lid 7j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease of City-Owned Property Located at 4th Street and Atlantic Avenue with Ocean Water LLC for One (1) Year, with Four (4) One-Year Renewal Options PUBLIC HEARING DATE: June 21, 2022 MEETING DATE: July 5, 2022 • Background: The City of Virginia Beach (the "City") owns two parcels of land consisting of approximately 17,507 sq. ft. (0.40 acre), located at the intersection of 4th Street and Atlantic Avenue as shown on the attached location map (GPIN: 2427-22-9617 and 2427-22-8656) (collectively, the "Premises"). Ocean Water LLC, a Virginia limited liability company ("Ocean Water") has leased the Premises since 2012 to provide overflow parking for the guests, customers and employees of Waterman's Surfside Grille and Ocean Key Resort. Ocean Water is requesting to continue leasing the Premises. • Considerations: The lease would be for a term of one (1) year, with four (4) one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the lease for any reason with ninety (90) days' notice. Ocean Water would pay the City $1,957.16 per month ($23,485.92 annually) for the first year, with a 3% escalation each year thereafter. For more specific terms, see attached Summary of Terms. • Public Information: Advertisement of Public Hearing. Public information will also be provided through the normal City Council agenda process. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statements Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management City Manager: i)W 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE OF CITY- 3 OWNED PROPERTY LOCATED AT 4TH STREET 4 AND ATLANTIC AVENUE WITH OCEAN WATER 5 LLC FOR ONE (1) YEAR, WITH FOUR (4) ONE- 6 YEAR RENEWAL OPTIONS 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of two 9 parcels of land consisting of approximately 17,507 sq. ft. (0.40 acre), located at 10 the intersection of 4th Street and Atlantic Avenue (GPIN: 2427-22-9617 and 11 2427-22-8656) (collectively, the "Premises"); 12 13 WHEREAS, Ocean Water LLC, a Virginia limited liability company, 14 ("Ocean Water") desires to lease the Premises from the City for a term of one (1) 15 year, with four (4) one-year renewal options; 16 17 WHEREAS, Ocean Water has agreed to pay the City $1,957.16 per month 18 ($23,485.92 annually) for the use of the Premises for the initial term, with a three 19 percent (3%) escalation each year thereafter; and 20 21 WHEREAS, the Premises would be utilized as overflow parking for 22 patrons, guests and employees of Waterman's Surfside Grille and Ocean Key 23 Resort and for no other purpose. 24 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager is hereby authorized to execute a lease for the term 29 of one (1) year, with four (4) one-year renewal options, between Ocean Water 30 LLC and the City for the Premises in accordance with the Summary of Terms 31 attached hereto as Exhibit A, and made a part hereof, and such other terms, 32 conditions or modifications as may be acceptable to the City Manager and in a 33 form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the 36 day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Work / CityV/j - PublicFacilities Management CA15598 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d028\p042\00800597.doc R-1 June 8, 2022 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED AT 4TH STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City"). LESSEE: Ocean Water, LLC PREMISES: Approximately 17,507 sq. ft. (0.40 acre) of City-owned property located at the intersection of 4th Street and Atlantic Avenue (GPINs: 2427-22-9617 and 2427-22-8656) TERM: August 1, 2022 through July 31, 2023, with four(4) one-year renewal options (the "Term") RENT: $1,957.16 per month ($23,485.92 annually)for the first year and escalated by three percent (3%) each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for overflow parking for guests, customers and employees of Waterman's Surfside Grille and Ocean Key Resort, and no other purposes. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) per occurrence, issued by an insurance company licensed to conduct business in Virginia, and name the City as additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice, if needed for a public purpose. TERMINATION: • The City may terminate the Lease for any reason, upon ninety (90) days' written notice. r O r' 1 I ti ti �r ti i **.:ICT:i f / s• £ 11 ti c. • Y I\\\ i N 1 Cf) \ r6 N u N ` fD N I H N _r-4 Li 1 L O I I d $ 01 � � ti �: \ \ Cr a N 03 NIt CD Ili ---' 2 ._"�M _ _ — � r ,r \ ‘y _ _.- 1-- _J1_� ~ma`s.. i =--? -r is& l� 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 Ocean Water,LLC Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. Joe Cantrell,President of Ocean Key Owners Association(managing member) is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? it Yes 0 No • If yes, list the names of all officers,directors, members,trustees,etc.below. (Attach a list if necessary) Ocean Key Owners Association-Managing Member FM,(..K 15 c�v1 LLC-Member • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Ocean Key Owners Association;Vacation Sales Associates,L.L.C.;VSAAM,LLC;VSA Management Corp;Atrium Corp;Vacation Sales,Inc.;Vacanza,LLC;Atrium Owners Association;Ocean Sands Owners Association;Vacatia,Inc.;OSKAR,LLC J Vace.t4 r$11LL "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 entitles;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 Wage j,zw -sz .ram... —c<x.nw c pry c�k t - r 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? A Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? Lori Overholt,Resort Advisory Commissioner,high level employee of VSA Management Corp 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? I Yes ❑ No • If yes,identify the firm and individual providing the service. Dixon Hughes Goodman,LLC-Michael Hanger,Partner 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 ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage it` • 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 IN 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. 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 ® 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,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. lic nt Signature ! elf? %) ;hia/'ef(, Presidr4-4 Print Name and Title Date Is the applicant also the owner of the subject property? ❑Yes EN 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 ElNo changes as of Date Signature Print Name Revised 11.09.2020 3 I P a g e • • • • Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 ( P a g e Owner Disclosure = Owner Name Ocean Key Owners Association(OKA) & Fri/c'e n t gryt01 Z L C� Applicant Name Ocean Water, 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) OKA-Joe Cantrell-President,Scott Weber-,�e.e;ft 7Steve Lim-! ( • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Vacation Sales Associates, L.L.C.;VSAAM, LLC;VSA Management Corp;Atrium Corp;Vacation Sales, Inc.;Vacanza,LLC;Atrium Owners Association;Ocean Sands Owners Association;Vacatia, Inc.;OSKAR,LLC UaCtL c` 14tAc.164, s / Z LC 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? Lori Overholt, Resort Advisory Commissioner,high level employee of VSA Management Corp 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. 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 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 5 I P a g e " - i 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 0 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. Dixon Hughes Goodman,LLC-Michael Hanger-Partner 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 I 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? ❑ Yes ® No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P a g e rso i i 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?0 Yes I No • If yes,identify the firm and individual providing legal the service. • • 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. jli9 # , at!, Ow • Si_"ature 1 Print Name and Title Date Revised 11.09.2020 7 ( P a g e Disclosure Statement Ltty oj VtryintaBales) 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 \\(),r \ i3SLl BRAS4 Does the applicant have a representative? ❑ Yes ,2IVp • If yes,list the name of the representative. 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) • If yes,list the businesses that have a parent-subsidiary1 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. "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 Disclosure Statement City of Virginia Beret Planning &Community. 011110-- 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?kidYes ❑ 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 0No • 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 -lNo • 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 VI 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 kcA No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I - Disclosure Statement City of Virginia Bench 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 ,E1 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? ❑ Yes 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, 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 ithlif44d Print Name and Title Date Is the applicant also the owner of the subject property? El Yes 1No • 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 Lrr.. is ^ •' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Increase and Realign Certain Parking Fees for Implementation of a Resort Area Mobility Plan and to Provide a Revenue Offset MEETING DATE: June 21, 2022 • Background: The Economic Development Department's Parking Management Office (PMO) is seeking approval to rebalance the current parking rate structure and adjust current parking revenue strategies. The intent is to simplify the City's resort parking rate structure, align strategies with Resort Area Mobility Plan recommendations, and equitably promote and incentivize commerce at the Resort. • Considerations: 1 . Surface Lot Rate Re-Alignment: a. All City Resort parking locations would charge the same rate of $2/hour. b. PMO suggests altering the surface lot pricing structure to match the pricing structure of the garages and on-street meters for simplicity and consistency. c. Parking rates have not changed, in general, since 2010, but technology has changed, and it allows greater parking flexibility and management than previous system's capabilities. d. This re-alignment does not seek to increase total parking revenues. 2. Dynamic Pricing: a. PMO is requesting to charge a higher rate during peak demand periods in the surface lots and garages. This strategy can be used as a tool to reduce traffic congestion. b. The City Council would approve the maximum rate range. PMO suggests a range starting at the current maximum rate of$10 and a peak rate that does not exceed $22. c. The City Manager would apply this approved range during peak periods. d. The max rate can vary by location to encourage visitors to choose parking locations with lower demand instead of adding more traffic congestion to busier sections. e. Once the annual dates and rates are set, they will be posted online to aid consumer choice during peak demand periods. 3. Merchant Validation Program: a. The intent of this program is to promote local and regional patronage to Resort Area businesses. b. This program, if approved, will be applied to City garages only. c. Participating businesses can validate up to 2 hours of parking for their customers. d. The City will provide promotional materials and cover the cost of the validation. Additional revenues accrued through peak demand pricing can offset lost revenue. 4. Residential Parking Permit Program (RPPP) Permit Rate Increase a. PMO suggests a simple one-rate of $5 per resident permit and $5 per annual guest permit. b. The rates have not increased in more than 15 years, and the proposed rates are significantly lower than those of other Virginia cities that operate a residential parking program. c. Only approximately 8% of residences in the Residential Parking Permit Program currently actually pay for residential permits because the first two permits are currently free. d. The costs of fuel, enforcement vehicles and equipment, staff wages, and software licensing are increasing. 5. Sandbridge Rate Change: a. Meters and mobile payment applications operate automatically using a single rate structure. PMO suggests a $4 single flat rate to facilitate automation and the elimination of queuing to enter the lots. b. Using automated payment devices allows beach goers to park before payment. c. Collecting payment at the front gate creates long lines to enter the lot and requires additional staffing to manage the gate activity. d. Charging different rates for separate user groups requires staffing to verify the specific user group. e. The meters and mobile payment options allows greater operational flexibility, lowers the operating costs, and is consistent with the five Resort lot operations, Lynnhaven River Boat Ramp, and the Virginia Aquarium. f. The automated operation allows the customer unlimited daily entries and exits in the lots. g. This suggested rate change will not increase parking revenue and may result in a slight decrease. As a result of these actions the Parking Enterprise Fund parking fee revenue is estimated to decrease by $57,333. To off-set this revenue loss the regular reserve will be reduced by $57,333. ■ Alternatives: Keep the current rate structure in place. ■ Public Information: Normal Council agenda process. This item was the subject of public comment on June 7, 2022. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: pity) 1 AN ORDINANCE TO INCREASE AND REALIGN CERTAIN 2 PARKING FEES FOR IMPLEMENTATION OF A RESORT 3 AREA MOBILITY PLAN AND TO PROVIDE A REVENUE 4 OFFSET 5 6 WHEREAS, the Parking Enterprise Fund is responsible for staffing and all 7 operational costs to provide a comprehensive enforcement program at the Oceanfront; 8 9 WHEREAS, Resort Area civic leagues have requested enhanced parking 10 management initiatives; 11 12 WHEREAS, the implementation of the Resort Area Mobility Plan will require 13 additional resources to meet the goals of the community; 14 15 WHEREAS, the City's comprehensive parking strategy requires additional revenue 16 for operations, infrastructure replacement, and maintenance. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA, THAT: 20 21 (1) The City Manager is hereby directed to convert Resort Area surface parking lots to 22 an hourly rate at two dollars an hour ($2.00) except when peak demand pricing is in 23 place. 24 25 (2) The City Manager is hereby directed to increase the resident parking permits from 26 the current rate of $0 per permit for the first two residential permits to five dollars 27 ($5.00) and increase annual guest permits from the current rate of two dollars ($2.00) 28 per permit to five dollars ($5.00) per permit. 29 30 (3) The City Manager is hereby directed to implement peak parking demand pricing for 31 all resort area garages and surface lots ranging from a minimum of ten dollars 32 ($10.00) to a maximum of twenty-two dollars ($22.00) during major events and 33 weekends at the resort. The designation of dates for peak parking demand pricing 34 shall be at the discretion of the City Manager, and the City Manager shall provide 35 notice of such dates on vbgov.com and other locations to inform residents and 36 visitors. 37 38 (4) The City Manager is hereby directed to establish a single flat rate structure at the 39 Sandbridge Parking lots of four dollars ($4.00) for daily parking. 40 41 (5) The Parking Enterprise Fund parking fee revenue for FY 2022-23 is estimated to 42 decrease by $57,333 as a result of the above adjustments, and such amounts are to 43 be offset by a decrease in the Parking Enterprise Fund's regular reserve. 44 45 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be 46 July 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget an Management Services Cit s Office CA15841 R-1 May 25, 2022 / rr,u�1 ,,,,,, 4 lL�titiV CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Provide Direction to the City Manager Regarding Individual Assistants for City Councilmembers MEETING DATE: June 21, 2022 ■ Background: The proposal for individual assistants for members of the City Council was included in the Reconciliation Letter. See Paragraph 19 of the attached Reconciliation Excerpt. Section 21(b) of the FY 2022-23 Annual Appropriation Ordinance authorized the City Manager to implement a plan to "secure administrative and clerical support and executive assistance" for members of the City Council. • Considerations: While the need for staff support was discussed at the City Council Retreat, the inclusion in the Reconciliation Letter was not the subject of a full and robust public discussion. The sponsors of this item, Councilmembers Henley and Moss, have requested additional public discussion and vote regarding the issue of individual assistants for City Councilmembers. The attached ordinance directs the City Manager not to hire, contract for, or otherwise retain the services of administrative, executive, or support staff for individual members of the City Council. • Public Information: Public information will be provided through the normal Council agenda process. This issue was discussed at the City Council Initiatives portion of the June 7, 2022, meeting and at the Workshop Session of the June 14, 2022 meeting. • Attachments: Ordinance; Reconciliation Letter Excerpt; Annual Appropriation Ordinance Except Requested by Councilmembers Henley and Moss REQUESTED BY COUNCILMEMBERS HENLEY AND MOSS 1 AN ORDINANCE TO PROVIDE DIRECTION TO 2 THE CITY MANAGER REGARDING INDIVIDUAL 3 ASSISTANTS FOR CITY COUNCILMEMBERS 4 5 WHEREAS, Section 21(b) of the FY 2022-23 Annual Appropriation Ordinance 6 authorized the City Manager to implement a plan to "secure administrative and clerical 7 support and executive assistance" for members of the City Council; 8 9 WHEREAS, the proposal for individual assistants for members of the City Council 10 was included in the Reconciliation Letter; 11 12 WHEREAS, the sponsors of this Ordinance desire to consider the provision of 13 individual assistants for members of the City Council separate from the budget process; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA, THAT: 17 18 Notwithstanding Section 21(b) of the FY 2022-23 Annual Appropriation Ordinance, 19 the City Manager is hereby directed not to hire, contract for, or otherwise retain the 20 services of administrative, executive, or support staff for individual members of the City 21 Council. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPR D AS TO LEGAL SUFFICIENCY: Att ey's Office CA15851 R-1 June 2, 2022 Members of City Council FY 2022-23 Operating Budget and CIP Reconciliation Page 15 17. Increase the City of Virginia Beach Public Schools Grant Special Revenue Fund Operating Budget by $14,432,365. This increase in appropriations are supported through an estimated increase of $14,432,365 in federal revenue. These funds will be utilized for construction/renovation projects to replace entire HVAC systems in identified schools, additional funds for Title I personnel and benefits; additional teachers and counselors for summer school; additional teachers counselors, and bus drivers for before and after school programs, online STEM resources for before and after school programs, fuel for before and after school programs, stipends for reading and math teachers teaching online and face to face sections of the same course(s) at the same time(s), take home manipulatives for students to address unfinished learning, and funds to support transportation and counselors for homeless students. 18. Ahead of the FY 2023-24 Operating Budget process, the City Manager is to provide a report to City Council with options to establish a sustainable Parks and Recreation-Recreation Center plan. This report will not be a recommendation for support but instead will be used to provide City Council and the public with clarity and the overall facility maintenance and long-term replacement/modernization needs are for the existing City recreation centers. Per a consultant, based on current facility conditions and age modernization needs exist for the following Great Neck, Bayside, Princess Anne, and Seatack. Included within this report will be a projection of the cost for construction and operational needs as well as information of what funding gaps might exist. 19. To improve the effectiveness and efficiencies of government in the delivery of services, the City Manager is authorized to redirect long term vacancies and their associated salary and fringe benefit cost to make organizational adjustments necessary to implement the following initiatives: — To improve existing technology services, applications, as well as, streamline the implementation of new technology applications and services throughout the City. — To provide the members of City Council with administrative and clerical support staff and executive assistance. — To provide an additional FTE to the Resort Management Office in their efforts to improve customer service and streamline service delivery with the public and business community. 20. The City's current contract with HR Alliance is set to expire June 30,2022. In lieu of extending the existing contract, it is the desire of City Council to terminate this contract and negotiate a new one-year conditional agreement. Until the agreement is developed, and the expectations are defined, funding is to reside within a dedicated reserve titled"HR Alliance Contribution". To fund this initiative, the General Fund operating budget is increased by $459,470 which is the equivalent of$1 per capita. The amount to be provided to HR Alliance, from this reserve, will be determined by a future decision by City Council. Offsets and Revenue 210 Emergency Communications and Citizen Services 911 Telecommunicators access to a team of licensed mental health 211 professionals to coordinate support services. 212 213 Sec.3720.To ensure proper allocation of health insurance,the City Manager is hereby authorized to transfer health 214 insurance between departments and funds,in any amount notwithstanding other budgetary controls outlined in the 215 ordinance up to the total amount budgeted for health insurance, to ensure health insurance cost align with actual 216 expenditure. 217 218 Sec.2821. In Fiscal Year 2021 22 2022-23;to further improve the effectiveness and efficiency of the government in 219 service delivery,the City Council hereby authorizes the City Manager to implement any organizational adjustments 220 not otherwise set out within this budget document that may be necessary to carry out the following initiatives: 221 a. 222 ; The departments throughout the City to improve existing technology services and 223 applications and to streamline the implementation of technology applications. 224 b. ' 225 se'erv��The City Council to secure administrative and clerical staff support and executive assistance. 226 c. The City's Automotive Services Division of the Department of Public Works to review the provision of 227 storeroom services, including but not limited to, parts and supplies for the City's fleet assets. This may 228 include the sale or conveyance of City inventory and assets. 229 d. The Convention and Visitors Bureau, to provide the Resort Management Office with staff support to 230 improve customer service and streamline service delivery with the public and business community. 231 232 Adjustments in furtherance of this Section 280 may include the transfer of appropriated funds and existing positions, 233 notwithstanding the departmental or appropriation unit placement of such appropriations and positions within this 234 document.Any adjustments made for these purposes shall not be subject to the limits set forth in Section 10 of this 235 ordinance.The City Manager shall make a report within ten days of any adjustments that are made as a result of the 236 authority granted by this section. 237 238 Sec. 22. In order to comply with governmental accounting guidelines, $2,211,066 in appropriations is hereby 239 transferred from the General Debt Fund to the Agriculture Reserve Program (ARP).The FY 2021-22 budget included 240 appropriations in the General Debt fund to make payment on ARP principal. The first purchases made through the 241 ARP occurred in FY 1996-97. The 25-year term on these initial purchases became due in FY 2021-22. This transfer 242 will allow for the payment to be made from the correct fund.The effective date of Section 21 is May 10, 2022. 243 244 Sec.23.The City of Virginia Beach hosts hundreds of special events annually,which draw participants and spectators 245 who raise contributions to support nonprofit organizations or contribute to the local economy and often provide 246 additional revenue to the City and the community. Many special events require some form of city services, such as 247 road closures, traffic control, security, contingencies for emergency services, utility connections, and clean up 248 resulting in operational costs to city departments.To support and encourage expansion of special event activities in 249 the City,RES-03612,adopted May 14,2013,is hereby rescinded,effective immediately. Henceforth,the recoupment 250 of special events fees shall be within the discretion of the City Manager.The City will provide safety standards and 251 support service requirements for permitted special events without charging a fee or recouping any expenses related 252 to the special events. 253 254 Sec. 24. The appropriations herein include an amount equal to $1 per capita for the Hampton Roads Economic 255 Development Alliance(HREDA). Notwithstanding the appropriation,the execution of any agreement with HREDA is 256 expressly conditioned upon formal approval of such agreement by the City Council. 257 258 Sec. 2025. Violation of this ordinance may result in disciplinary action by the City Manager against the person or 259 persons responsible for the management of the Appropriation Unit in which the violation occurred. 260 261 Sec.1026.With the exception of Section 21,this ordinance shall be effective on July 1, 20242. 262 k-- v�`"`"BFi�, ifilt, i �'.I L ,\,vJ I CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Award a $5,000 Community Services Micro Grant to New Vision Youth Services Inc. MEETING DATE: June 21, 2022 • Background: New Vision Youth Services Inc (NVYS), a local nonprofit, has applied for a community service micro-grant in the amount of $5,000. This organization has partnered with several Virginia Beach high schools (Bayside, Frank W. Cox, and Green Run) to reengage students who have stopped coming to school. While some students thrived in the virtual learning environment, others struggled and started missing instruction time. By the end of the last school year, many students had disconnected from school altogether. The most recent reporting from the Annie E. Casey Foundation shows that chronic absenteeism rates increased to 10.8% for Virginia Beach City Public Schools in the 2020-2021 school year. With the resumption of in-person learning for the 2021-2022 school year, many Virginia Beach high schools have struggled to get the "missing students" to reconnect and resume their education. Many students are not attending their public schools nor are they enrolled in an alternate educational program. Through their Youth Uplift Project Expansion II, NVYS seeks to be a bridge to reach these at-risk youth through reconnecting them with schools or providing them with an alternative placement option such as an ABE/GED program. As part of the work with the schools, NVYS has also identified many students who have returned to school but fallen so far behind in their coursework and are unable to catch up. These students are typically unable to qualify for alternative educational programs such as the Renaissance Academy due to a high testing requirement for admission. NVYS has conducted meetings with high school guidance counselors, graduation coaches, families, and students to help identify and provide potential solutions for the growing problem of academic disconnection that has been exacerbated by the COVID-19 pandemic. Since March 2022, NVYS has consulted with high schools and offered potential solutions to help reengage the "missing" students. NVYS has provided students with case management and life skills services. The organization's intention is to continue offering services to students referred to them from Virginia Beach high schools on an on-going basis assuming that adequate funding is available. The total project cost is estimated to be $129,906. • Considerations: The micro grant request from NVYS is $5,000, and these funds will assist with programming. Funding will be provided by Non-Departmental opportunity grants. In addition to the City, NVYS has received contributions from organizations such as Sentara, Hampton Roads Community Foundation, Tidewater Children's Foundation, and Virginia Natural Gas. The micro-grant program is funded at $20,000 annually, and grants are awarded on a first-come-first-served basis. If this grant is awarded, the FY 2021-22 balance for the micro-grant program will be $0. Previous awards in this fiscal year were given to the Hispanic Resource Center, the Virginia Beach Fire Foundation, and Men of Faith. ■ Public Information: Normal City Council agenda process ■ Attachments: Ordinance, Application; Disclosure Form Requested by Councilmember Berlucchi REQUESTED BY COUNCILMEMBER BERLUCCHI 1 AN ORDINANCE TO AWARD A $5,000 COMMUNITY 2 SERVICES MICRO GRANT TO NEW VISION YOUTH 3 SERVICES. INC. 4 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That a $5,000 Community Services Micro-Grant is hereby awarded to New Vision 10 Youth Services, Inc.to support their Youth Uplift Project Expansion II, a program designed 11 to help high school students in the City. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .ecj (14: 1,1-14 Budget and Management Services ice CA15855 R-1 June 10, 2022 1 City of Virginia Beach COMMUNITY SERVICES MICRO-GRANT APPLICATION Organization Name: New Vision Youth Services. Inc. Address: 608E Liberty Street Chesapeake,VA 23324 Phone: (757)-620-5340 Email: contact@newvisionovouthservicesinc.org _ Amount of funding requested: $5,000 ($250 minimum/$5,000 maximum) City Council Sponsorship: As a member of the Virginia Beach City Council, I hereby authorize my support of this application only for considerati and otenti approval by the City Manager. Mck - & GI 15 2-�- City Council Member Printed Name/Signature Date Organization Status/Category Please select the option below that best describes your 501(c)(3) organization: ❑Tax exempt under Section 501(c)(3)of the Internal Revenue Code with a valid tax exempt number. ❑ Recognized government entity: state,county, or city agency, including law enforcement,fire,or EMS departments (Including volunteer organizations) requesting funds exclusively for public purposes. ❑ K-12 public/private school, charter school,community/junior college,state/private college,or university. ❑ Nondenominational organization, if authorized by Virginia State Code, Section 15.2-953, with a proposed project that addresses and benefits the needs of the community at large. ❑ Non-profit organization having state, regional, or local services benefiting the residents of the City of Virginia Beach. Page 1 of 4 Are you applying for funding for any of the organizations listed below? Yes ❑ /No ❑ If yes, please select the organization. ❑ American Cancer Society ❑ American Diabetes Association ❑ United Way ❑ American Heart Association ❑ Children's Miracle Network ❑ N/A ❑ Other Supporting Documentation Please type and attach the following information with your application. Applications without the following attachments will be incomplete, and not considered for approval. 1. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach? Please explain how (500 words or less). Yes, we have partnered with several Virginia Beach high schools (Bayside, Frank W. Cox, and Green Run) to reengage students who have stopped coming to school. Across Hampton Roads, the COVID-19 pandemic exacerbated students' chronic absenteeism as classroom instruction shifted to on-line learning. While some students thrived in the virtual learning environment, others struggled and started missing instruction time. By the end of the last school year, many students had disconnected from school altogether. The most recent reporting from the Annie E. Casey Foundation shows that chronic absenteeism rates increased for Virginia Beach schools for the 2020-2021 school year to 10.8%. With the resumption of in-person learning for the current 2021-2022 school year, many Virginia Beach high schools have struggled with how to get these "missing students" to reconnect and resume their education. These students are currently in "limbo"-they are not attending their public schools nor are they enrolled in an alternate educational program. Through our NVYS Youth Uplift Project Expansion II, we are serving as a bridge to reach these at-risk youth and either reconnect them with their schools or provide them with an alternative placement option in an ABE/GED program. As part of the work with the schools, we have also identified many students who have returned to school but fallen so far behind in their coursework (often by at least two grade levels) that they are unable to catch up. These students are typically unable to qualify for current alternative educational programs such as the Renaissance Academy due to a high testing requirement for admission. NVYS has conducted meetings with high school guidance counselors, graduation coaches, families and students to help identify and provide potential solutions for the growing problem of academic disconnection that has been exacerbated by the COVID-19 pandemic. 2. Program/Project Description: Briefly describe your program or the service you intend to provide. Please include the following: Total project cost, other sources of funding (name, organization, 501(c)(3) status, the amount of funding provided), and the program/project implementation time line (No more than 1,000 words). The NVYS Youth Uplift Expansion II was originally developed to address the challenges that at-risk youth face in their educational advancement. Many of these challenges have been aggravated by the pandemic. Our current project "The NVYS Youth Uplift Project Expansion II- Missing Students" is designed to help the many students identified by Virginia Beach high schools (ages 16 and up) who have stopped coming to school with solutions to Page 2 of 4 reengage them with their academic advancement. The focus is on providing case management services and life skills coaching to these students to help them address the barriers that exist towards them returning to school and offering an alternative placement in an ABE/GED program to those who have determined that returning to a traditional school setting is not an option. Without necessary funding, NVYS will be severely impaired in its ability to offer the level and volume of assistance that Virginia Beach high schools have requested to address their current "missing" student problem as well as to help other students at risk of disconnection. This funding would be used for community outreach and to provide case management services, life skills coaches, and ABE/GED programming that these students need. Since March 2022, we have consulted with four Virginia Beach high schools, shared information on our services, and offered potential solutions to help reengage these "missing" students. We have completed initial assessments for five students referred to us from Virginia Beach schools. We have provided them with case management and life skills services. Two of them have chosen to enroll in our ABE/GED onsite class. Our intention is to continue offering services to students referred to us from Virginia Beach high schools on an on-going basis assuming that adequate funding is available. The total project cost is $129,906. Other sources of funding include: Sentara Cares- $10,406 [501(c)(3)] Hampton Roads Community Foundation-$20,000 [501(c)(3)] Tidewater Children's Foundation-$10,000 [501(c)(3)] Southeast Community Foundation-$3,500 [501(c)(3)] Individual and Corporate Donors-$45,000 Virginia Natural Gas- $10,000 3. Is your organization currently receiving any funding from the City of Virginia Beach for the current program, service, or project you are proposing via this application? Has your organization previously? If so, please provide a written explanation. Any explanation should note the City related entity providing funding, how much funding, and how long the funding partnership has existed. Our organization is not currently receiving any funding from the City of Virginia Beach for this project and has not previously received funding from the City of Virginia Beach for this project. 4. Has your organization currently or previously received any funding from the City of Virginia Beach for any past program, service, or project outside of the item proposed in question number three (3) above? If so, please provide a written explanation. Any explanation should note the City related entity that provided the funding, how much funding had been provided to date, and how long the funding partnership existed. Page 3 of 4 Yes. We received a total of$45,000 through the VBRelief Nonprofit Grant Program (Partner Agency: United Way of South Hampton Roads, Two Rounds of Funding) from June through November 2021 to help us cover the loss of funding we experienced as a result of the COVID-19 pandemic. Our funding partnership ended in December 2021. Organization Authorization/Signature: I attest that the information provided in this application is factual to the best of my knowledge and understand if such information is determined to be false, that such action is grounds for termination and revocation of all funding authorized. I further commit that the use of grant funds authorized for my program, service, or project will be used for the designated purpose. The City of Virginia Beach reserves the right to hold me and/or the organization I represent, via my signature below, as the responsible and accountable recipients of funding to repay all or part of the funding granted as determined by the City of Virginia Beach. I further understand that my organization is responsible for providing an annual financial report on the total grant expenditures, prepared by a Certified Public Accountant (CPA), within 12 months of receiving the grant award from the City. Organization Name: New Vision Youth Services, Inc. Authorized Agent: Clara Wilson Authorized Agent: Founder/CEO Authorized Agent: Caha, WAan. Date: 6/9/22 Page 4 of 4 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: New Vision Youth Services, Inc. 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) n Accounting and/or preparer of your Brinkley Financial, LLC tax return Financial Services (include Atlantic Union Bank tg n lending/banking institutions and current mortgage holders as applicable) N/A ❑ [Xi Legal Services N/A ❑ p 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 ouncil action upon this Application. 11 /at) Clara Wilson 6/13/22 A A T'S SIGNATURE 1 PRINT NAME DATE { rlr,\Ni 6E�11 ,� M +a�:ayL rt % •iil vy CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, and City Auditor MEETING DATE: June 21, 2022 • Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. Because the current Real Estate Assessor is retiring, the compensation of the new Real Estate Assessor will be determined on a later date, when the new assessor is appointed. • Considerations: These appointee compensation ordinances provide that each appointee will receive a 7% increase in their salary, which will be implemented at the same time as the increase for other City employees. Additionally, the ordinances regarding the City Manager and the City Attorney include a one-time bonus of $10,000, and the ordinance regarding the City Clerk includes a $6000 market salary adjustment. Finally, in accordance with the City Manager's contract, his ordinance provides for a 7% increase in the City's contribution to his deferred compensation account. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Four ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2022, the annual salary of the City Manager, which is 12 currently $270,000, shall be increased by 7% to $288,900; he shall also receive a one- 13 time bonus of $10,000; the City's contribution to his deferred compensation account, 14 which is currently $16,200, shall be increased by 7% to $17,334; and his car allowance 15 shall remain at $9,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: r-d4e City Attorney's Office CA 15836 R-4 June 14, 2022 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2022, the annual salary of the City Attorney, which is 12 currently $234,273, shall be increased by 7% to $250,672; he shall also receive a one- 13 time bonus of $10,000; the City's contribution to his deferred compensation plan shall 14 remain at $10,000 annually; and his car allowance shall remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: 4 / irriAkt-e City Attorney's Office CA15837 R-3 June 14, 2022 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2022, the annual salary of the City Clerk, which is currently 12 $109,788, shall be increased by 7% to $117,473; the City's contribution to her deferred 13 compensation account shall remain at $6,000 annually; and she shall receive a market 14 salary adjustment of $6000, added after the 7% increase has been applied, for a total 15 salary of$123,473. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15838 R-3 June 14, 2022 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; and 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2022, the annual salary of the City Auditor, which is currently 12 $140,248, shall be increased by 7% to $150,065, and his current car allowance shall 13 remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15839 R-3 June 14, 2022 r im~•.;u;4 . • :5--(7": i% h� ...,,...., . .,., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance extending the date for satisfaction of the conditions in the matter of closing (1) a 15-foot Street Dedication adjacent to a 50-foot Norfolk & Southern Corp. right-of-way and (2) a 20-foot Private Road northeast of Tolliver Road for DHW Joint Venture, L.L.C. MEETING DATE: June 21, 2022 ■ Background: DHW Joint Venture, L.L.C. (the "Applicant") owns various parcels of land along Tolliver Road, which were rezoned by City Council on July 11, 2017 from R-5D Residential to Conditional A-36 Apartment District to develop the Burton Station Apartments (the"Property"). The Applicant has requested the closure of(1) a 400± sq. ft. unimproved portion of a platted 15-foot street dedicated to the City of Virginia Beach by M.B. 79, at page 49 recorded on April 29, 1969 (the "Street Dedication") and (2)a 11,640±sq. ft. 20-foot Private Road (the "Private Road") (collectively, the "Rights-of-Way"). The Rights-of-Way are located within the Property. No other parcels are adjacent to or have an interest in the Rights-of-Way. A portion of the Private Road on an adjacent property was closed on September 20, 2016 by ORD-3463B. On July 6, 2021, by Ordinance 3666C, City Council approved the Applicant's request to close portions of the above streets, subject to the following conditions being met by July 5, 2022: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 2. The City will ensure that the properties are subdivided such that the internal lot lines are vacated and the closed areas are incorporated into the adjoining parcels. The plat(s) must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities exist within the rights-of- way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights-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 within one year of the City Council vote to close the rights-of- way, this approval shall be considered null and void. The Applicant has worked to satisfy the conditions but requires additional time to complete satisfaction of conditions 2, 3 and 4. Staff concludes that the request for an additional year to satisfy the conditions is reasonable. ■ Recommendations: Allow an extension of one year for satisfaction of the conditions. • Attachments: Disclosure Statement, Ordinance Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager: AO 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFACTION OF THE CONDITIONS IN 3 THE MATTER OF CLOSING (1) A 15-FOOT 4 STREET DEDICATION ADJACENT TO A 5 50-FOOT NORFOLK & SOUTHERN CORP. 6 RIGHT-OF-WAY AND (2) A 20-FOOT 7 PRIVATE ROAD NORTHEAST OF 8 TOLLIVER ROAD FOR DHW JOINT 9 VENTURE, L.L.C. 10 11 WHEREAS, on July 6, 2021, City Council acted upon the application of 12 DHW Joint Venture, L.L.C. (the "Applicant") for the closures of 1) a 15-foot Street 13 Dedication adjacent to a 50-foot Norfolk & Southern Corp. right-of-way and (2) a 20-foot 14 Private Road northeast of Tolliver Road, as shown on Exhibit A attached hereto; 15 16 WHEREAS, on July 6, 2021, City Council adopted an Ordinance (ORD- 17 3666C to close the aforesaid unimproved portions of rights-of-way, subject to certain 18 conditions being met on or before July 5, 2022; and 19 20 WHEREAS, the Applicant has requested an extension of time and 21 requested one year from the current deadline, July 5, 2022, to satisfy the conditions to 22 the aforesaid street closure action. 23 24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 25 Virginia Beach, Virginia: 26 27 That the date for meeting conditions of closure as stated in the Ordinance 28 adopted on July 6, 2021 (ORD-3666C), upon application of DHW Joint Venture, L.L.C., 29 is extended to July 5, 2023. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on this 32 day of , 2022. APPROVED AS TO,CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: ft) ` t Planning D partm�nt City Ato ne CA15787 \\vbgov.com\dfs 1`applications\ci tylawlcycom32\wpdocs\d0021p041\00808887.doc R-1 June 6, 2022 No GRIN Assigned (Rights-of-Way) Adjacent GPINs: 1459-81-8232, 1459-81-8217, 1459-91-0373, 1459-91-2208 & 1459-90-2964 LINE TABLE \\ �/ ,'�/ \,1'N Op LINE BEARING LENGTH �' `\ / .� � ', APPROXIMATE 9 LI N60°4239"E 17.32' �(� LOCATION OF o ODD H. RENCH L2 SO°42'39"W 23.09' �'' \, 20'PRIVATE ROAD Lic. No. 2410 \(M.B. 7,P.45) L3 S60°42'39"W 17.32' /^ , 4� \ -/Q1 L4 N0°42'39"E 23.09' `' %%t. 15'STREET DEDICATION SUR"` 1 ,•1144 s.., `-' TO BE CLOSED RESIDUAL AREA"EAST" '!v.k (INST#20180531000442410) I \ N/F DHW JOINT VENTURE,L.L.C. . (INST#20181030000891880) I ` GPIN 14598182170000 \ SFc�,I, OT F 2 v W C o ' \ PART OF PLAT NO.3 2 Q ^ oo ;� ' (M.B. 7,P.45) * c co oo, t< RESIDUAL N/F O Q p a ``° I PROPERTY"EAST" \ DHW JOINT VENTURE,L.L.C. �• O Z m R (INST#20161026000969440)�. (INST#20180409000288790) Y a- (D `°N• v w k N/F \GPIN 14599103730000 O O CQ Z 0 o, DHW JOINT VENTURE,L.L.C. Lis U h `-- v 'v (INST#20181030000891880) . O Qi o GPIN 14598182320000 \ 2 Z � PUBLIC DRAINAGE EASEMENT 15'AND VARIABLE WIDTH 5'DRAINAGE& DOMINION VIRGINIA POWER, VERIZON UTIL/TY EASEMENT 1....- &COX COMMUNICATIONS EASEMENT (M.B. 79,P.49) I-.- (INST#20161026000969440) (INST#20161028000975690) (INST#20161205001103750) (INST#20161216001139330) \ PUBLIC DRAINAGE EASEMENT -4--4, _______-_ (INST#20180608000469280) (INST#20180531000442410) - ` (INST#20181030000891880) . R:50.0° L-79.54' . O N24°46 44"W 366.36' L=3.65' 30'DOMINION VIRGINIA POWER, VERIZON&COX N24°46'43"W COMMUNICATIONS EASEMENT 17.21' TOLL/VER ROAD (INST#20180531000442410J 70'RIGHT-OF-Wq y (INST#20180716000575590) (INST#20161026000969410)(INST#20161028000975690) (INST#20180717000581350) (INST#20161026000969440)(INST#20161028000975690) (INST#20180813000666500) (INST#20180531000442410)(INST#20181030000891880) (INST#20181018000857420)(INST#20181030000891880) NOTES 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM,SOUTH ZONE,NORTH AMERICAN SCALE 1"=30' DATUM 1983/1993(HARN). THE CITY OF VIRGINIA NEEENNEEN BEACH CONTROL REFERENCE POINTS USED TO 0 30' 60' ESTABLISH THE COORDINATE VALUES SHOWN HEREON ARE PS 313 AND PS 316. 2. THIS EXHIBIT IS FOR STREET CLOSURE STREET CLOSURE EXHIBIT PURPOSES AND DOES NOT CONSTITUTE A OF 15'STREET DEDICATION SUBDIVISION OF LAND (M.B, 79,P. 49) VIRGINIA BEACH VIRGINIA THIS DRAWING PREPARED AT THE Date: 01-28-21 Scale:1"=30' VIRGINIA BEACH OFFICE rQUR',!SIC,A.HIEVED,IR000H UUAS 2931 South Lynnhaven Road,5u4e 200 I V.rgiaa Bean' VA 13451 Sheet 1 of 1 1.N.: 39258 TEl 757.213.6679 FAX 757.340.1415 www Ummois.com Drawn by:KT Checked by:THE TIMMONS GROUP •. •'• • RESIDUAL AREA "EAST" N24°46'43"W (INST#20180531000442410) N/F DHW JOINT VENTURE,L.L.C. 17.21' .\ (INST#20181030000891880) GPIN 14598182170000 1 ` ti x OBE • �\`X o'5'?O SEE ` 41 / 9 , 2i' Ste, �/ / / sT �� RESIDUAL `.`�, `.� �6' Asr02/ �T/O i PROPERTY"EAST" �� o00 ti ,/TOLLIVER ROAD (INST#20161026000969440) N/F `410; N60°42 39'E / 70'RIGHT-OF-WAY DHW JOINT VENTURE,L.L.C. 25.01' i (INST#20161026000969410) (/NST#20181030000891880) /i (INST#20161028000975690) GPIN 14598182320000 `.i`.• : (INST#20161026000969440) ;�—-- (INST#20161028000975690) -- -- -- -- -- •.•'�. -- (INST#20180531000442410) ::::::..� (INST#20181030000891880) 15'STREET (INST#20181018000857420) DEDICATION (INST#20181030000891880) (M.B. 79,P.49) .....:.::.11 ofV.:::e..:i::' .1°' PART OF PLAT NO.3 ... (M.B. 7,P.45) k: :.:1 W N/F ^........'...'.... DHW JOINT VENTURE, L.L.C. T INST#20180409000288790) co ° 41''' H OF j ( GPIN 14599103730000 Z t:: :::Au � RYS),: 0 ERIC S. PATTERSON > APPROXIMATE 1•.L:-.• "..1 Lic. No. 2412 LOCATION OF 06 O 7-Z/ 20'PRIVATE ROAD rr` :. (M.B. 7,P.45) t. 1.'.� �D SUR -" TO BE CLOSED k'.::_ :':.� SCALE 1"=40' .............. 0 40' 80' -- -- -- - ....... PART OF PLAT NO.4 (M.B. 7,P.45) �:•:•:•:•.%.•::'•:• :•j N/F ......... NOTES k::;'.:: ::� 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED DHW JOINT01 VENTURE, 70LLC (INST#20180525000428700) C-:�1....Zsi:-:::•:::::1 ON THE VIRGINIA STATE PLANE COORDINATE GPIN 14599122080000 SYSTEM, SOUTH ZONE,NORTH AMERICAN k.':':. DATUM 1983/1993(HARN). THE CITY OF VIRGINIA BEACH CONTROL REFERENCE POINTS USED TO MATCH LINE SHEET 2 ESTABLISH THE COORDINATE VALUES SHOWN HEREON ARE PS 313 AND PS 316. STREET CLOSURE EXHIBIT 2. THIS EXHIBIT/S FOR STREET CLOSURE OF 20'PRIVATE ROAD PURPOSES AND DOES NOT CONSTITUTE A (M.B. 7, P, 45) SUBDIVISION OF LAND. VIRGINIA BEACH VIRGINIA Date: 01-28-21 Scale:1"=40' THIS DRAWING PREPARED AT THE Sheet 1 of 2 J.N.: 39258 VIRGINIA BEACH OFFICE YOUR VISION ACHIEVED THROUGH OURS. 2901 South Lynnhaven Road,Suite 200 I Virginia Beach,VA 23452 Drawn by:KT Checked by:ESP TEL 757.213.6679 FAX 757.340.1415 www.timmons.com Revised Date: 05-07-21 TIMMONS GR P .••'•••• MATCHLINE SHEET 1 \ \ .:�:�:-:•�.•:�:.� PART OF PLAT NO.4 \ ::.::::::•. (M.B. 7,P.45) \ ' N/F 1:. :.� / � DHW JOINT VENTURE,LLC \ ' F :• (INST#20180525000428700) \\ /-- •••- :.1 GPIN 14599122080000 -- C I-: :..:j sec NOTE \ -- ..1 APPROXIMATE _\-- , 1.::.:•::•1•1.:I.:::I.1 Ni , LOCATION OF \\ PARCEL "I-D" 4 • • •• I 20'PR/VATS ROAD \ (INST#2006 12 1900 188 1 190) •: ::V `•••`••••••••••:•a TO BE CLOSED S&J TRUCK TERMINAL, •• INCORPORATED •••:•••:••-•••••-••••� .......... -- -- -- -- - (D.B.3483, P. 1398) . ... - -- GPIN 14599029640000 \ \ \ \ :...::1• 'li•••W \\ PART OF PLAT NO.5 OOYZee% \ 1:: :..-::::::::::I (M.B. 7,P.45) 0 ERIC S. PATTERSON a \ 1;.:.:.;.;. \ :..1 • \ N/F Lic. No. 2412 \ o DHW JOINT VENTURE,LLC 0 5-O 7-Z I \\ Z ::.;� \ (INST#20180525000428700) �0 \ \ GPIN 14599142020000 . - SUR� \ 1::::::::: 1 \ 20'MAINTENANCE EASEMENT 1 — / (INST#20161028000975700) ► 1.::;.i -;.1 (INST#20161026000969320) 1-:•::•:•:•:• — -- \ TION f.;;.t:.1.1 ` TE LOCA ENT T i. j.: :j \ o�EIPGO E PS 2M8) VARIABLE WIDTH PUBLIC , _- •-•-•••• \ 15 g 321, 224) IMPOUNDMENT EASEMENT ".............. (D• 1,P (INST#20161028000975700) (D• P. (INST#20161026000969320) 1:::.T:•-:-:.:-:-:-: \ (P" g• 332,P 5g2) DRAINAGE EASEMENT 1' .......:...I (0 8 344:� • (D.B.2874,P. 1440) 1 I 18.20'b20.01.. 59.07' \ S26°00'07"W 97.28' 525°41'00"W 165.17' • S26°0027"W I �563°59'53"E PARCEL II-A 18.84' (INST#20170823000721480) 880.36'TO TOLLIVER ROAD (INST#20181207001006000) 7 N/F FIRST VIRGINIA N/F LAND TRUST ROAD NO.4 (D.B.2857,P. 1175)(D.B.2198,P. 1791) 20'PRIVATE ROAD GPIN 14690008010000 (UNIMPROVED) -- -- (M.B. 7,P.45) (M.B.55,P. 15) 'N/F S&J TRUCK TERMINAL, _I___ -- -- INCORPORATED (D.B.3483,P. 1398) GPIN 14589958210000 STREET CLOSURE EXHIBIT SCALE 1"=40' OF 20'PRIVATE ROAD (M.B. 7, P. 45) 0 40' 80' VIRGINIA BEACH VIRGINIA Date: 01-28-21 Scale:1"=40' THIS DRAWING PREPARED AT THE Sheet 2 of 2 . J.N.: 39258 VIRGINIA BEACH OFFICE YOUR VISION ACHIEVED THROUGH OURS. 2901 South Lynnhaven Road,Suite 200 I Virginia Beach,VA 23452 Drawn by:KT Checked by:ESP TEL 757.213.6679 FAX 757.340.1415 www.timmons.com Revised Date: 05-07-21 TIM MONGROUP .• ••''''•• tr be 4 11 C2:711-1111111: i,, San �_ \�� Roa 4 - � apf7 1.1VAI in 1 1 N <; ,,, Itiq - 'S e ,0-„,, * i ,4, \%_,-A s 811 iN ' '. ?'N '' i .A ,,.. - * ,%, / ,/ , , —i,,, •/ /,',/, n ab••• 0 .() - , A/1'2- ,D- Li - '' 400e \/ - -f \** , 1411°V" _ 0 1,A6t‘ ill �At, 'I\ #0?, / g ,-- - 17-- 00 oio OD( - -''\ .. % Ma ! _ 1 D %, ,,,,_ r--. .- . ., c—c--\ \- P 0 4 N �� Site DHW Joint Venture, LLC W -A ►,.E P I ons 15-foot street dedicated adjacent to 50-foot Norfolk & . Property o yg ��s Zoning Southern Corp. right-of way, 20-foot Private Road northeast of Tolliver Road cul-de-sac Building IN m• =Nom Feet Parking Lot Drive Aisle 0 30 60 120 180 240 300 360 Disclosure Statement 'NB City of t'irinia Beath 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 DHW Joint Venture, LLC, a Virginia limited liability company Does the applicant have a representative? ® 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? Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) Bradley J.Waitzer, Manager;BWGM Holdings,LLC(Sole Member) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) See Attached '"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 I P a g e Disclosure Statement City ofVityk o 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 N 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 i connection with the subject of the application or any business operating or to be operated on the property? Yes • 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 I 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? N Yes ❑ No • If yes,identify the firm and individual providing the service. BDO 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? N Yes ❑ No • If yes,identify the firm and individual providing the service. Poole&Poole Architecture&Timmons Group 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes no No • If yes,identify the purchaser and purchaser's service providers. Reviled 71 F39?I)7n 2 1 (- Disclosure Statement City of Virginia Beach Planning & Communitr. y Development 6. Does the applicant have a construction con ra tor in connection with the subject of the application or any business operating or to be operated on the property? ® Yes '. V • • If yes,identify the company and individual providing the service. kb6 t.rc . 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 ❑ No • If yes,identify the firm and individual providing the service. Timmons Group 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? 11 Yes ❑ No • If yes,identify the firm and individual providing the service. Howard R.Sykes,Jr.,Esq./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 wi plication. - - — - Applic Sim re Bradley J.Waitzer,Manager Print Name nd Title 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 No changes as of Date Signature Print Name Revised 11.09.2020 3 ! Page Disclosure Statement City oThrginia Beath Planning&Community Development !t s Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 I P a g e Disclosure Statement city of t'irginiu ac Planning &Communi Development Owner Disclosure Owner Name 5atiW Applicant Name DHW Joint Venture, LLC, a Virginia limited liability company Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? pp Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) 6/2..4—D c6ci, ,�'_ W p j r'2 MAA))166YL SW GIn hioldi'e)is / L.Lc C 60 Me-en Zee-) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) & i9i'i4t4e4 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 is 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. Pp,,cprl 1 l nq 7n7n 5 I P a g e Disclosure Statement City of Vuvinia Beach Planning &COMM.) 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 application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the financial institutions providing the service. To corsa-krut 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?g Yes ❑ No • If yes,identify the firm and individual providing the service. 85 o le. cittJQ Apish.44K2 i tY1 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 1111 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? 10. Yes ❑ No • If yes,identify the company and individual providing the service. 51 .. c, 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? NI Yes 0 No • If yes,identify the firm and individual providing the service. 1 1(i1P10 K� CaO R�vicpr, 11 aci 7f)7f1 6 I P % `- IP Disclosure Statement 11/42/3 . City of Virginia Batch _IF fi Png & Communi lanni Development .,..-- -� .,..... ,;,--- ,-- °""------- V-- 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? el Yes ❑ No • If yes,identify the firm and individual providin Imal the service. (A) Cl.'V , & 5)1)C._-6_51.-1-r 2' eek0 c-vtti 140 v? lr4 /J( S 3„ .-n ,,,. . L Luyj A C, 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 wi plication. Owne Signature 474-7/1/19(-Pg___-ZL4 Print Name and Title &/7/22' Date RPtikpr! 11 n9 7n:n 7 I P a g e Affiliates of DHW Joint Venture, LLC 1. WTZR MS, LLC; 2. Dennis R. Deans Irrevocable Trust; 3. Afton Associates, LLC; 4. Archers Green II, LLC; 5. BBD, Inc.; 6. BKW, LLC; 7. Bribra Baker, Inc.; 8. Bribra Building Corporation; 9. Bribra Cahoon, Inc.; 10. Bribra Deep Creek, Inc.; 11. Bribra Hillpoint Corporation; 12. Bribra NP Corp.; 13. Camden Private Capital Corporation; 14. D& B Automotive Investors, LLC; 15. Debribra, LLC; 16. HCA Services, Inc.; 17. IWC Residential, Inc.; 18. Mola, LLC; 19. Mowill, LLC; 20. Murray Wholesale Drug, Corp.; 21. Ocean Bay Homes, Inc.; 22. Oceana Partnership I; 23. Parker Crossing, LLC; 24. Platinum Homes, Inc.; 25. Rodie Builders, Inc.; 26. Rudee Investment; LLC; 27. Rudee Management, LLC; 28. SC Holdings, LLC; 29. Signature Management, Corp.; 30. Platinum Management,Corp.; 31. Mopow, LLC; 32. Silver Hill, LLC; 33. Volvo Brookside Associates, LLC; 34. Waitzsp, LLC; 35. Moyork, LLC; 36. Dakota Investment Group, LLC; 37. Chazdak, LLC; 38. BJW Fam, LLC; 39. Bribra Acquisitions Corp.; 40. Edwin S. Waitzer, Bradley J. Waltzer,Trustees,Waltzer 2012 Grandchildren Trust, DBA as Professional Centers, Medical Arts Building,Commercial Place; 41. BJW Legacy, LLC; 42. BJON Holdings, LLC; 43. The Pearl at Marina Shores, LLC; 44. MS Renaissance,A Condominium; 45. BWGM Holdings, LLC; 46. Richard M.Waitzer Irrevocable Trust; 47. Leah and Richard Waltzer Foundation; 48. Leah W.Waitzer Revocable Trust; 49. Silver Hill at Thalia,LLC; 50. D and B Automotive Investments, LLC; 51. D and E Family Partnership I; 52. D and E Family Partnership II; 53. Waterboxes, LLC; 54. Gale. M. Higgs f=r tv P (u t t�1 ��! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appointing Three (3) Viewers for One-Year Terms Beginning July 1, 2022, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 21, 2022 • Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, the City Council added § 33-111 .2 to the City Code, which provides for the appointment of three viewers for one-year terms, beginning July 1 of each year, to view every street or alley proposed to be altered or vacated during the terms of the viewers. • Considerations: Because the terms of the current viewers expire on June 30, 2022, it is necessary to appoint viewers for one-year terms beginning July 1 , 2022. • Public Information: This ordinance will be advertised as a routine agenda item. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning TO n t City Ma ager: 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2022, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of the City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2022 and ending June 30, 2023. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, the Director of Public Works and the Director of 17 Parks and Recreation of the City of Virginia Beach are each hereby appointed as a 18 viewer to serve a one-year term beginning July 1, 2022 and ending June 30, 2023, to 19 view each and every application to close a street or alley, and to report in writing their 20 opinion of what inconvenience, if any, would result from discontinuing the street or alley 21 or portion thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department f Plan ing City Attorney's Office CA15847 R-1 June 1, 2022 1 o----k4?,,,,, r o ff!! (ulits! ::." CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a portion of City- owned property known as Treasure Canal, located at the rear of 2237 Leeward Shore Drive MEETING DATE: June 21, 2022 • Background: Larry Demmerle and Donna Demmerle (the "Demmerles") have requested permission to maintain the existing 3.5' x 55' fixed pier walkway and 12' x 18' fixed pier platform, and to construct and maintain a 14.5' x 28.5' covered boatlift (collectively the "Temporary Encroachment') into City-owned property known as Treasure Canal, located at the rear of 2237 Leeward Shore Drive (GPIN: 2409- 19-5768). A previous encroachment to construct, reconstruct and maintain a pier, floating pier, bulkhead, return, riprap and existing pilings into Treasure Canal was approved on March 18, 2006 at ORD-2934A. • Considerations: City staff has reviewed the Temporary Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the Treasure Canal, which is where the Demmerles have requested to encroach. • 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: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Location Map, Pictures and Disclosure Statement. Recommended Action: Approval Submitting Depot/Agency: Public Works/Real Estate sk City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS TREASURE 7 CANAL, LOCATED AT THE REAR 8 OF 2237 LEEWARD SHORE DRIVE 9 10 WHEREAS, Larry Demmerle and Donna Demmerle (the "Demmerles") have 11 requested permission to maintain the existing 3.5' x 55' fixed pier walkway and 12' x 18' 12 fixed pier platform, and to construct and maintain a 14.5' x 28.5' covered boatlift 13 (collectively, the "Temporary Encroachment") into a portion of City-owned property known 14 as Treasure Canal, located at the rear of 2237 Leeward Shore Drive (GPIN: 2409-19- 15 5768); 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 22 OF 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 Demmerles, their heirs, 26 assigns and successors in title are authorized to maintain the Temporary Encroachment in 27 the City-owned property as shown on the Exhibit entitled: "EXHIBIT A ENCROACHMENT 28 REQUEST FOR EXISTING IMPROVEMENTS AS-CONSTRUCTED: EXISTING 29 MOORING PILES, RIPRAP, BULKHEADS, FIXED PIER WALKWAY, FIXED PIER 30 PLATFORM AND PROPOSED COVERED BOATLIFT LOCATED IN TREASURE CANAL 31 IN BAY ISLAND," Scale 1' = 40', dated February 22, 2021 and revised through April 11, 32 2022, prepared by Marine Engineering LLC, a copy of which is attached hereto as Exhibit 33 "A" and on file in the Department of Public Works, to which reference is made for a more 34 particular description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the City 38 of Virginia Beach and the Demmerles(the "Agreement"), an unexecuted copy of which has 39 been presented to the Council in its agenda, and will be recorded, after execution, among 40 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 1 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Demmerles 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 , 202 . CA15225 PREPARED: 5/11/22 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d016\p045\00805110.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: (li P BL WOR S, REAL ESTATE A RMEYER OR CITY ATTORNEY 2 10' 0' 10' 20' 40' EXISTING ENCROACHMENTS SCALE: 1" = 40' (SOME AS-CONSTRUCTED ENCROACHMENTS DEVIATE �ALTH 0p oFROM COUNCIL APPROVAL ON INT#20060411000542680) o$ .t' 236.03'LEEWARD z 5'DRAINAGE&UTILITY EASEMENT SHORE COURT X '., o (MB 48 P15) - 8DAVID KLEDZIK y m BAY ISLAND SEC 2 LOT 211 ^�,; ` SO��',9,� �'No. 034674 N/F JOHN B JR&JO B NOWELL "PO OsO 13' 04/i /2022 0 2241 LEEWARD SHORE COURT ti �yO,Q� Sa #C GPIN#2409193878 •st p ONAL P INST#200210013041857 00 8Ac��L h- 76F `J' MB48 PG 15 i` 40 PERMITTED AND EXISTING ��` 6' as ! /� -EXISTING'X 711' RIPRAP 'P lNv MOORING PILES 72g„ 35'5' / \r'-�� / Pi/ 'i .`sus= ---------4 '-16 PERMITTED 5'X 55'FLOATING PIER a. CONSTRUCTED BAY ISLAND SEC 2 LOT 212 25' • •o EXISTING 3.5'X 55'FIXED PIER WAL •Y N/F COLLEEN HENNESSY 2245 LEEWARD SHORE COURT 18 VI w GPIN#2409193755 I 27' :�_;, o INST#20130913001105790 - #2237 MB48 PG 15 I 'R 16' _ j 18,81a P, RMITTED 12'X 1='FLOATING PIER AS CON'TRUCTED CANAL CENTERLINE 23 '' - E STING 12'X 18'Fl ED PIER PLATFORM I \ "-PER'ITTED AND EXIST G 10'BULKHEAD RETU' r r MLW /3 _ `PERMI TED 99'BULKHEAD • CONSTRUCTED `Q�If7> o EXISTING• 100'BULKHEAD o / Q = o BAY ISLAND S' 6 210 \\ Q ,� o N/F LARRY&DONNA D.MMERLE Q m m I 2237 LEEWARD SHORE a' Z z ' 5 I GPIN#2409195768 �o2A�� COUNCIL APPROVED S6 CERTAIN / w ,�' INST#20160527000450020 pp ENCROACHMENT ON z y MB48 PG 15 \6co MARCH 18, 2006 o co w Q EXISTING 1. BAY ISLAND SEC 2 LOT 209 ORD-2934A. TH z - BUL - a 8 RETURN N/F MARK&KATHLEEN PAWLAK ENCROACHMENT ° ° a 3 2233 SPINNAKER CIRCLE AGREEMENT/HAS BEEN � �z o 9 FILED AS 1.-- z �/� N66°50, GPIN#2409196603 INT#20060111000542680 �// 1N INST#20170711000579070 MB48 PG 15 EXHIBIT A APPLICATION FOR ENCROACHMENT REQUEST FOR PREPARED BY: ENCROACHMENT BY: EXISTING IMPROVEMENTS MARINE ENGINEERING LLC LARRY & DONNA AS-CONSTRUCTED: EXISTING PO BOX 5965 DEMMERLE MOORING PILES, RIPRAP, BULKHEADS, VIRGINIA BEACH, VA 23471 GPIN 2409-19-5768 FIXED PIER WALKWAY, FIXED PIER SHEET 1 OF 2 2237 LEEWARD SHORE DR PLATFORM AND PROPOSED COVERED DATE: FEBRUARY 22, 2021 VIRGINIA BEACH, VA 23451 BOATLIFT LOCATED IN TREASURE REV 4: APRIL 1 1 , 2022 CANAL IN BAY ISLAND m 10' 0' 10' 20' 40' PROPOSED (NEW) D SCALE: 1"= 40' BOATLIFT ENCROACHMENT #p,LTx Op Pr z \ ___236.03' LEEWARD 04 •ePG, o5'`N DRAINAGE&UTILITY EASEMENT SHORE COURT 4, SaQ I �' (M B 48 P 15) 4� vo DAVID KLEDZIK a m •. F SO,"PO Q 1,40ei„ Lic. No. 034674 CO BAY ISLANDSEC2LOT211 °D, / ��' `P'yp O N/F JOHN B JR&JOB NOWELL cif /EXISTING ��•Q�F� sCs p 2241 LEEWARD SHORE COURT -. �/ ENCROACHMENTS TO 'Oc�i 0NAL GPIN#2409193878 ^cg. REMAIN UNLESS REMOVAL • S INST#200210013041857 IS INDICATED MB48 PG 15 406� _ EXISTING ,nl.� PERMITTED AND EXISTING 6 ° 5 -9 X 71 RIPRAP �s-ts MOORING PILES ` �22g,, 3�5�5 �`s' / w li , ---------4/ '16' ° ►. PROPOSED 14. 'X 28.5' 25' , `r• PERMITTED 5'X 55'FLOATING PIER A S CONSTRUCTED �, EXISTING 3.5'X 55'FIXED PIER WAL ► AY COVERED B?ATLIFT '18' s o � �� w REMOVE(1)EXISTING MOOR!NG PILE 27: o #2237 o —35' •(I! M 0. RMITTED 12'X 1 ' FLOATING PIER AS CON' TRUCTED CANAL CENTERLINE ; ."'"' • ' 10'1 E STING 12'X 18'F ED PIER PLATFORM BAY ISLAND SEC 2 LOT 212 I 13, PER 1ITTED AND EXISTI G 10'BULKHEAD RETU' N/F COLLEEN HENNESSY r -NI" 2245 LEEWARD SHORE COUIT PER TTED 99'BULKHEAD\AS CONSTRUCTED '�� GPIN#2409193755 I o EXISTI G 100' BULKHEAD ,w•o INST#20130913001105790 / z = � I� BAY ISLAND SE ' LO 210 Q MB48 PG 15 / - Q a 98' I N/F LARRY&DONNA DE MER �°26,11 \ m 2237 LEEWARD SHORE D' 1 S6 \ COUNCIL APPROVED / o¢o Q _ :: GPIN#2409195768 16• 2�� CERTAIN / z 0 '� INST#20160527000450020 ENCROACHMENTS/ON z MB48 PG 15 MARCH 18,2006 SY o EXISTING 1.' BAY ISLAND SEC 2 LOT 209 co ORD-2934A. THE W >- Q BUL - AD RETURN N/F MARK&KATHLEEN PAWLAK ENCROACHME 4Tct - 3' 8 2233 SPINNAKER CIRCLE AGREEMENT/HAS BEEN z o N66° GPIN#2409196603 FILED AS // I- z ,� 50�4„� INST#20170711000579070 I N T#200604�11000542680 / / MB48 PG 15 EXHIBIT A APPLICATION FOR ENCROACHMENT REQUEST FOR PREPARED BY: ENCROACHMENT BY: EXISTING IMPROVEMENTS MARINE ENGINEERING LLC LARRY & DONNA AS-CONSTRUCTED: EXISTING PO BOX 5965 DEMMERLE MOORING PILES, RIPRAP, BULKHEADS, VIRGINIA BEACH, VA 23471 GPIN 2409-19-5768 FIXED PIER WALKWAY, FIXED PIER SHEET 2 OF 2 2237 LEEWARD SHORE DR PLATFORM AND PROPOSED COVERED DATE: FEBRUARY 22, 2021 VIRGINIA BEACH, VA 23451 BOATLIFT LOCATED IN TREASURE REV 4: APRIL 1 1 , 2022 CANAL IN BAY ISLAND 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 4th day of May 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LARRY DEMMERLE and DONNA DEMMERLE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "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 "210" as shown on that certain plat entitled, "SUBDIVISION OF BAY ISLAND, SECTION TWO, PRINCESS ANNE CO., VA, LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated October 1958, prepared by Frank D. Tarrall Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at pages 15 and 15A and being further designated, known, and described as 2237 Leeward Shore Drive, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain a 14.5' x 28.5' proposed covered boatlift and maintain the existing 3.5' x 55' fixed pier walkway and 12' x 18' fixed pier platform, collectively, the "Temporary Encroachment," in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, GPIN: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED) 2409-19-5768 (2237 LEEWARD SHORE DRIVE) it is necessary that the Grantee encroach into a portion of an existing City-owned property known as Treasure Canal in Bay Island 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: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR EXISTING IMPROVEMENTS AS-CONSTRUCTED: EXISTING MOORING PILES, RIPRAP, BULKHEADS, FIXED PIER WALKWAY, FIXED PIER PLATFORM AND PROPOSED COVERED BOATLIFT LOCATED IN TREASURE CANAL IN BAY ISLAND," Scale: 1" = 40', dated February 22, 2021 and revised through April 11, 2022, prepared by Marine Engineering LLC, 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 2 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. 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. 3 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 Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 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 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Larry Demmerle and Donna Demmerle, 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. 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 , 2022, 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 5 CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK 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: 4iAtnridt- LARRY DEMMERLE, Owner 'De_r-)A., -Q---- DONNA DEMMERLE, Owner STATE OF CITY/COUNTY OF C$1 \ --- , to-wit: t was acknowledged before me this 4dayof The foregoing �nstrumen a g a3 , 2022, by Larry Demmerle and Donna Demmerle. 1 (SEAL) Notary Public �.��PBENEEp". S Notary Registration Number: Q Ct41 `Q .'c' P06;9� '•O R EG # <--.SIP` i= 7045700 C/ My Commission Expires: ��-`- �\ \ COMMISSION ¢ XPI ES - ,', Fq L T H....... '3 .\\\, ''', I1111 �,` 6 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFF - CY AND FORM \ , b O WL � TURE I _ ► A - R EYE SE •R ' ITY ATTORNEY ? “4, DEPARTMENT 7 10' 0' 10' 20' 40' EXISTING ENCROACHMENTS SCALE: 1"= 40' (SOME AS-CONSTRUCTED ENCROACHMENTS DEVIATE 4,p,LTH op o �. FROM COUNCIL APPROVAL ON INT#20060411000542680) O$ r� z 5'DRAINAGE&UTILITY EASEMENT ~SHORE COURT236.03' , ', S"""j h Cl) (MB 48 P15) \ o DAVID KLEDZIK y m BAY ISLAND SEC 2 LOT 211 sO��y,� Lic.No. 034674 K N/F JOHN B JR&JOB NOWELL 0� �0 Os � 04/1 1/2022 IT 2241 LEEWARD SHORE COURT ti ��yO,Q� S�'ICs GPIN#2409193878 •� •sr& O ONAL P INST#200210013041857 0o A�'��L h 7s c-' MB48 PG 15 N 41°, PERMITTED AND EXISTING ��` 6. 0 5X19TX 71'RIPRAP "P.1,' MOORING PILES, 72y„ f t_5' .--' (5'' l - Pk ft, .ss ---------_V '16 E ) . PERMITTED 5'X 55'FLOATING PIER '. CONSTRUCTED BAY ISLAND SEC 2 LOT 212 25 EXISTING 3.5'X 55' FIXED PIER WAL 'Y N/F COLLEEN HENNESSY II ''18' "`f z 2245 LEEWARD SHORE COURT '. w GPIN#2409193755 I 27' o INST#20130913001105790 _ o #2237 MB48 PG 15 I `�' r o '`16' 18,-�/ o P.RMITTED 12'X 1:' FLOATING PIER AS CON'TRUCTED CANAL CENTERLINE- 23' pM • E STING 12'X 18'Fl ED PIER PLATFORM I PER'ITTED AND EXISTI G 10' BULKHEAD RETU- rlo MLW PERMI TED 99'BULKHEAD • CONSTRUCTED `Q\A co ) o 4, EXISTING 100' BULKHEAD o / Q a 'B BAY ISLAND S' • 210 / cn Q o N/F LARRY&DONNA D.MMERLE ' m `� 1_ 2237 LEEWARD SHORE a' / c z 5 GPIN#2409195768 �02Q•\1"� COUNCIL APPROVED 5 CERTAIN / Q Z ,!' INST#20160527000450020 2pp 6 ENCROACHMENT ON z MB48 PG 15 16 MARCH 18, 2006 p v o c� y w ,- Q EXISTING 1. BAY ISLAND SEC 2 LOT 209 ORD-2934A. THE - z BUL - £I RETURN N/F MARK&KATHLEEN PAWLAK ENCROACHMENT Q 3' AGREEMENT/HAS� I-BEEN � z o � N660,983' 2409196603 2233 1IRCLE FILED AS , ' / 50 GPIN#4Q,-� INST#20170711000579070 INT#200604 V11000542680 / MB48 PG 15 EXHIBIT A APPLICATION FOR ENCROACHMENT REQUEST FOR PREPARED BY: ENCROACHMENT BY: EXISTING IMPROVEMENTS MARINE ENGINEERING LLC LARRY & DONNA AS-CONSTRUCTED: EXISTING PO BOX 5965 DEMMERLE MOORING PILES, RIPRAP, BULKHEADS, VIRGINIA BEACH, VA 23471 GPIN 2409-19-5768 FIXED PIER WALKWAY, FIXED PIER SHEET 1 OF 2 2237 LEEWARD SHORE DR PLATFORM AND PROPOSED COVERED DATE: FEBRUARY 22, 2021 VIRGINIA BEACH, VA 23451 BOATLIFT LOCATED IN TREASURE REV 4: APRIL 1 1 , 2022 CANAL IN BAY ISLAND m 10' 0' 10' 20' 40' PROPOSED (NEW) D SCALE: 1"= 40' BOATLIFT ENCROACHMENT .s*VALTH OF P z , ,_, 236.03'LEEWARD 0� f'P 0 5'DRAINAGE&UTILITY EASEMENT SHORE COURT , �ga...a k (M B 48 P15) ��F Oo DAVID KLEDZIK a m K So,�-9,Q� Lic. No. 034674 PD BAY ISLAND SEC 2 LOT 211 °co � �� syo � 04/1 1/2022 colo N/F JOHN B JR&JO B NOWELL N EXISTING 47� 4F .eACs 2241 LEEWARD SHORE COURT o ENCROACHMENTS TO •QUA-7y s ONAL GPIN#2409193878 �� REMAIN UNLESS REMOVAL •�s INST#200210013041857 IS INDICATED MB48 PG 15 4000•-- — EXISTING 'P,.r, PERMITTED AND EXISTING 6 0 — 5 -9 X 71 RIPRAP Ns�s MOORING PILES --- ?29,, %'5'' �,5% ________.../ °�16 ' ►� PROPOSED 14. 'X 28.5' 25' , °% PERMITTED 5'X 55'FLOATING PIER 'S CONSTRUCTED �, EXISTING 3.5'X 55'FIXED PIER WAL ►•AY COVERED B?ATLIFT '18, nI z w REMOVE(1) EXISTING MOOR!NG PILE 27, 131 iiii o #2237 N o 1-�_35, o °� iM O° - RMITTED 12'X 1 'FLOATING PIER AS CON' TRUCTED I CANAL CENTERLINET' 'I i ESTING 12'X 18 FED PIER PLATFORM IBAY ISLAND SEC 2 LOT 212PERTTED AND EXISTI G 10'BULKHEAD RETUN/F COLLEEN HENNESSY r MLW2245 LEEWARD SHORE COUr 1 \_PER TTED 99'BULKHE D \S CONSTRUCTED `��o GPIN#2409193755 - EXISTI G 100'BULKHEAD o INST#20130913001105790 / o Qz = L �o BAY ISLAND SE LO 210 \ MB48 PG 15 / co w a. 98' N/F LARRY&DONNA DE MER °2Q1' \ } m 2237 LEEWARD SHORE D E c,6 \ COUNCIL APPROVED / m Q :: 0 GPIN#2409195768 162� CERTAIN ? o 7 INST#20160527000450020 ENCROACHMENTS/ON z MB48 PG 15 MARCH 18,2006 BY ow us EXISTING 1.' BAY ISLAND SEC 2 LOT 209 ORD-2934A. THE w }. Q i BUL - A D RETURN N/F MARK&KATHLEEN PAWLAK ENCROACHMED4Tcr a 3' j 8 2233 SPINNAKER CIRCLE AGREEMENT IAS BEEN z o0 /� N66050, GPIN#2409196603 FILED AS // z // 04 w INST#20170711000579070 INT#200604"11000542680 MB48 PG 15 EXHIBIT A APPLICATION FOR ENCROACHMENT REQUEST FOR PREPARED BY: ENCROACHMENT BY: EXISTING IMPROVEMENTS MARINE ENGINEERING LLC LARRY & DONNA AS-CONSTRUCTED: EXISTING PO BOX 5965 DEMMERLE MOORING PILES, RIPRAP, BULKHEADS, VIRGINIA BEACH, VA 23471 GPIN 2409-19-5768 FIXED PIER WALKWAY, FIXED PIER SHEET 2 OF 2 2237 LEEWARD SHORE DR PLATFORM AND PROPOSED COVERED DATE: FEBRUARY 22, 2021 VIRGINIA BEACH, VA 23451 BOATLIFT LOCATED IN TREASURE REV 4: APRIL 1 1 , 2022 CANAL IN BAY ISLAND i: illierirlifrilit„:rjta:1 •' a.' W.1"1:40 41,t:L..,:11,1'.*?',.'. : •or. . lwra 7-3‘,,:,,,,:, -. - # ow . N -,'. '.', 4, -,11;;,.,''iff,`"„ i,9„r",,,,,,,, , - ,. „. ,7*,"6,".', ';'.1.'''•'• - I t - - '','I' '. t - - '-' -• Z.' „ .41.• W-.710— E - a, i 'V t'' ',g \ S LEEWARD SHORE ° , wig- ( f ....00r ,„,,, \*, - k. k, ,,,481. 4. I.,,,, 1 .11.1 y 2 i. yl 1 Q e 'r , ',' ',, :4":: -.' ,. . : . A - -,... ) - .. -..., . .,. , .., , ,. h 4• " ii ..:._.,.. A e he'' 11 4404 • ) l-lidft OP? '''. 1 ,lic '' '", lk .. ..• -. 4,,, - ...-• , dmillok„ ik y / I.. i'it 1.: , •..e. ,, n y ff a may} . , %le, f , �+.', •Al `!° 's ue t'o' ^' ..♦, 4P" .1,r r , \a„,,,..," , , , OP' ils' ( N''‘" 4. LOCATION MAP TREASUR CANA .\ ENCROACHMENT REQUEST t. , FOR p P LARRY AND DONNA DEMMERLE Legend ikft -___ 2237 LEEWARD SHORE DR. GPIN: 2409-19-5768 2409-19-5768 � Y Y . . Feet City Properties "' � —� 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 06/07/2022 X:\CADD\Projects\ARC Files\AGENDA MAPS\2409-19-5768\2409-19-5768 Aerial.mxd 11" SHORE DR i N ,g0\-- ? V S G,, SITE _LEEWARD SHORE DR ti� ct,i'o L. / , 11-1 O r----<,‘,--S-\Nkf LOCATION MAP TREASURE CANAL ENCROACHMENT REQUEST - j -----7 / FOR �-'�— LARRY AND DONNA DEMMERLE Legend 2237 LEEWARD SHORE DR. G P I N: 2409-19-5768 Q 2409-19-5768 Feet City Properties ---------____Th 0 50 100 200 Prepared by PW./Eng./Eng.Support Services Bureau 06/07/2022 X:\CADD\Projects\ARC Files\AGENDA MAPS\2409-19-5768\2409-19-5768.mxd . . Looking Southward from end...._ , ti_ _ (F . .... 0.,,, , of canal . . , . . . ..p. .•,...; .... . 4: \4_5-... .,_ _ '+ 41111'4•i 1,2 '. .r n' "Z` , tup, ..,,y, --,,,. tiL ;. ' 111'--.,,,..,';',...1_7; •,, .,. c r '. tt II .... *. _. . .: ..":1f." ' " 4t -= : --1-..-'..M‘t......811* At. `:' I Al ' �. self_ . ( ��l I. - ! ''= II' Y' � t r. i a. i e'r i + , ' 4 , ice Wit. , — 1Z setii\2,1.2-- c ,r♦ #..y ^,-,i r • ,...:it,' ••t r i �1�-; a.W f. { :;J • .r t _ 1• -" _''..•l_s,� r. .1 yot r --Y..- r J i�.- •r•...r1/' ., ;:+, i, .4 T a,' r, sift, .. '` F. i' 4;i e 4. .` y' 5' �. �rr� �T .�i�:: f'.. ,r' t+rim+ art ri tom i ,i3:''+' a' .'� ;# 4.t. . ` ;4. ,..„�r.r. y J., e .,-, , -• -., !. -- ..- `F! ... .51' t_w:n'*.. .. ti t .y'..r.., --tea �... ''. . . .- . •7�ti _• ic. -•� .J ate` " k` t r. �41 a 'r r'•. ti�._ • er-t. ,T 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 LARRY DEMMERLEi>jilI,I,4 )—iiVi'lAtei.X- Does the applicant have a representative? .Yes ❑ No • if yes,list the name of the representative. DAVID KLEDZIK is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes 2/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. 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 a her 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 I P a g e r: •• ,„. I•„r r h' , � 5 3 .i- ,4}� . iS•�}� ,4,,t� {?; . �2 li;l ! ..; r•a q r. �jw 7 �3 y !� !�v a (f1•41 r i YY • l;��.�• i ;`�1v' R •.`�� `J� �a.�-s•s Y itf 8o T_ "fit.�1��-�.,a�..,�,• � c .wt �J41iu� 1 •:;.,' �.:iK - _- r �• u,. �.*� w S - 1:.*,,-;-:1,,ity,• ,.., -.. ;-. it Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beajh have an interest in the subject land or any proposed development contingent on the subject public action?0 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-collaterallzation,etc)or are they considering anJfinancing 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. ,�, 1 /n 6�e �t l 1O� � �sAs0 2. Does the appli nt 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}n connection with the subject of the application or any business operating or to be operated on the property?❑Yes itiNo • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architectjland planner provided_/ in connection with the subject of the application or any business operating or to be operated on the property?0 Yes Ltr 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. Revised 11.09.2020 Wage • ▪ ~ f� Y _ "`I-• : 7 r �v' J� ' .V a s ,t jK.y, RS • .,T:.:1...'. i.l t-.-'-''-".=:.-•'•.-.;k-rs;-,=•!'-`-•ii•l'7,--'.,,,--,.:''•=..;,••.•..'- •'---.1.-'--- f,:')'.i•%:-..'.g,/o..'-.:'..;':•..';.•-:-•:4.'y*,,-:?.';-7'1":,,,.f.1iIale, j i4,i K-0Y-y4A.,4. ....-1,1',;__;,.-4:.i.-,:,,ft:T c= 1 f.t t .�< <, .' 1 y I }.l- r �'♦ �rN ( JCY�y..�• -. ,,...ii}iz jZ =./ -7 lr f � _ ♦'1� x c. �l . • � 1 6� 1.t�t�v r/ C S ) .. ��r w,i z-l*-• L .ei-t 1. ej y .S.1, e,--- ,,g3 i3*1 �. , i ,v .3,4 n,,. >i, 2'f +tea •ti a .4,4 y,. y,,. ,. i f1\i`lei 4 + -- Jr- jj.i ,v• ✓. V' f.• • -`Y.y s1 Jp L' j1 •7 i i Li4 7 n"i •Xt. 1. ',' • ♦ �i,Z )e +�i _ ,w•'v " ial ai 1. Si L. 6. Does the applicant have a construc n contractor 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 company and individual providing the service. 5reivag. Amigo- Lei 4r.,Ae 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? I Yes ❑ No • If yes,identify the firm and individual providing the service. MARINE ENGINEERING LLC DAVID KLEDZIK 8. Is the applicant receiving legal services in nection 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. 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. eiD0---r\A","1 ON''''---------- Of I. n gnature "...Amy Print N e and Tide 2/7-S442i -2A IA)\'IA 2A 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 USL ONLY/All disclosures must h,,updated two(2)Uwec4.s prior to any Planning Commis ion and City Council meeting that pL rt,Tans to the applications El No damps as of Date signature Print Mamas piOr j• /eifia- S/4/2122/ la, \At,. 0..,..,/--., 5 t eriq I,xez2- Revised 11.09.2020 3 I P a g e , aged q oior60'TT Pasmaa ainsopsic aauMp a01 a2ed lxaN 01 anuiluo t • #a � • ;r_ t. ,, -- i .i, v,. V ... - - 1- "* 1p-*r"" ••,.• { t _ rr.; K '0fitiift -r.Y ti t s' aR�;-" .•; f.jti :} __ /- !. •'J; '1 j . r y r •w, 1. _ _ -�; - • r -i-d •� ', r i G..r i `! a-L t r t •y- j• " ` ;• v -� 1i r` . o_ 1•n44, i'i - :4 x' T '' ,. - _ . ::ice • trj ;4. {s•It ._w. t• } i '.A'. • z'f - ; + C ,"'}+ t'rta- [�tl ifir tt yy,, c► a•fa!(,elr7r,� }s�. ' t l.. npp• * c "ram}-. .� ` .'"�•.15�..� ! rK •6 .. .. �r ,i • - ,�� J+ - ,t a.tip " - i L�0 r a Owner Disclosure Owner Name t,e 2W41d ) 'WEE Applicant Name LARRY DEMMERLE JDDANA Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 1No • 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-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 Be h 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. 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 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 S1Page -;$- m«.-.4, !a t e e > 4 - MLx.Y Y'-t4ir Y r i F 3' t .t r. i ' _ "- ,. ram? ' r ' r 'Sy�y%` v7i 3 ty, 3 r r? 1 4 • 'L'�.3. •lief-a �rl R i.:J'� aJ'L .:t �T y��t�C4f .1'r ` ......r v .a3' `7c i fy g a r5✓ i",.. • t•7 ".i.•1,Yd�a ,.:-,,,`r rj•,-. '�! w> ��.• i''t.�.•{m•'1'i'•' -i�±[•-Z 14 r. • r ♦ t, ti_., t.• i. s r. T 4. - l S'..„,,, , �44V - �F. +• ."5* ,-_ r '' :r4-' °'��'�:'x' t' 4--i a_YrRs�!r. - '. -:".; .a •----''4.. t aTS � y' -- S _ •+-S .. !--• till s Xso•hy a.h�3t •v__1`. ^i,-gye.:;'!S.i.i, 1 S. .ate `-i- 'ii=- rs- ;aR- _i.Z.;'gr, r.�'t.- ?`-%.. .- "'1 .- Wr}r,.. -''{..s f. ,.''''4- � 1 Lt1. ^'''tit�_ .4 :i-4:72.3t.>.t,"""fx,•'[{,:M`r„y { ( 'R• y �h +f' . +a 1c'l'r!y# :v i�►tic's" M ;r ' r�is r. 4 3 4ri7w,r-1. )<'m 7►\1p,'`; � -14 'k *- 3 • • r `ar-� ? j, ,• -f " y' ¢yr� ,-+ ,fit' '1.t.i 4rjn4 4,,� ". >as j1�-.1 y, �XF1R'• 1 r ' • .,.�c3 to."''l-y?' -4St-7r-7111 if`,oy: 'a';' '' ''; ,- "` `l it 7 .i :g._'. :., . - y r ;.yr;. 34 Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any fin ncing in connection with the subject of the application or any business operating or to be operated on the property? 2 Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the Owwnf r have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes Elf 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. 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? 0 Yes 46 No • If yes,identify the firm and individual providing the service. 5. Is there anyotherI pending or proposed purchaser of the subject property?0 Yes No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a constructi7 contractor in connection with the subject of the application or any business operating or to be operated on the property?a Yes ❑ No • tf yes,identify the company and individual providing the service. i) /114A—,"E_ Lee 42'6014. 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. MARINE ENGINEERING LLC DAVID KLEDZIK Revised 11.09.2020 Wage ....ih1's3-...i_17-,1,..p::.R +.1;x�;^ y r..4"1= t.. r l t _ , +Star: -fa...,ilk-;75.1:-Mci.44w.;a.ay;4.5; ;y't' K. .*`. ?+• • .R ''4 t ' i . Lt T t:?%&: . .Cx .n,,••fi,* -+i6 c e ;'.c•c� l'4. tker t• .t c ' !.. c r '•.! 1. ' j";: Jam -=w"; .,c'}�.-� v.:•-•t F• •L• 'S' t .11,, x�,,-$`4s+1..a ¢r �" I ak ,.7i11714.4 +!s s"'# �y � i s �'.yy'�s4•.,II:�a' }� - r - _ :.�� 1-- fit' _'e. Y' {d' R k .• 'jC'.� , r �" V, *' 'r _ r = %t_.1rt .4 ,;„.,t, ,s • ;. + {'- _• ,13 �.,'.4.1,z..ft i.1 p,s ♦ r.t t+.r.;'"�i'TiT' :�jt�'H e�,yY , i _ t, •l.tt'-_: -- ,.y.,—1-,., 2 ;„,,: 2 4 4S. -.,�,.,,,. .' i._ ,�,t4;.. .i-!-: a,..,.. tt ` , ,!-,,i} {-...4: 7 _ ►. '-c7 Y...4..,; :.t.,"f .- • yam•:.4;*♦ a$•7 f ate` #..S'�y�-. v..,-fr--;:.-. ''' .,,,',,---.4-,„,:::...':-:...''"........... !i'e•Pj.r'.th.til, dr:*::1641.'-'•*',V-- . . J_ ^' * ''-t'-t .,, „,,;--,,,:. . , 8. Is the Owner receiving legal services in nection with the subject of the application or any business operating or to be operated on theproperty?❑Yes INo P • If yes,identify the firm and individual providing legal the service. 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. Littliviyhj Cpc......)1,,,,, • 0,.0.---. -- /�-.1• OvfolO.1. o e►wv,.`WA 1-)t.Www4e..Ar , C' dLuv�t r Print Name a Title 4A0/xazI 2-1 1-1..z2, Date 0 0" /ltd. 1 ,, .....,... %CIo`it 2.022.. is., /),,,,,„,,,,A, 5/11/202-1-- Revised 11.09.2020 ' Pagee roi—A. -.4. 'N. ...,fr ( ..see 4=. ,i,b � 'J t,,,x,.,,,, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property known as Lake Rudee, located Adjacent to Property Owned by Joseph J. Lamontagne MEETING DATE: June 21, 2022 • Background: Joseph J. Lamontagne (the "Applicant") has requested permission to construct and maintain 233 linear feet of rip-rap, a 20' x 35' (700 square foot) wood open sided boathouse, a 424 square foot wood pier, a 4' wide (193.8 square feet) wood wharf and a 117.3 square foot wood pier within a portion of City property known as Lake Rudee (collectively, the "Encroachments") located adjacent to the Applicant's property identified as GPIN: 2427-01-6963 (no address assigned) and 203 Caspian Avenue (GPIN: 2427-01-6928). • Considerations: City staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are currently similar encroachments within Lake Rudee, which is where the proposed Encroachments would be located. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Encroachments or add conditions as desired by Council. • Recommendations: Approval the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 019 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF CITY 5 PROPERTY KNOWN AS LAKE RUDEE, 6 LOCATED ADJACENT TO PROPERTY OWNED 7 BY JOSEPH J. LAMONTAGNE 8 9 WHEREAS, Joseph J. Lamontagne(the"Applicant")desires to construct and 10 maintain 233 linear feet of rip-rap, a 20' x 35' (700 square foot) wood open sided 11 boathouse, a 424 square foot wood pier, a 4' wide (193.8 square feet) wood wharf and a 12 117.3 square foot wood pier within a portion of City property known as Lake Rudee 13 (collectively, the "Encroachments"), located adjacent to the Applicant's property identified 14 as Lot 1, Block 30, Shadow Lawn Heights, GPIN: 2427-01-6963(no address assigned)and 15 203 Caspian Avenue (GPIN: 2427-01-6928); 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 Applicant, his heirs, assigns 26 and successors in title are authorized to maintain the Encroachments within a portion of the 27 City's property known as Lake Rudee as shown on the map entitled: "EXHIBIT A 28 ENCROACHMENT EXHIBIT SHOWING PROPOSED RIP RAP, OPEN SIDED 29 BOATHOUSE, WHARF, PIERS & EXISTING DOCK, PIERS AND PILES FOR JOSEPH J. 30 LAMONTAGNE I.N. 202000100354 LOT 1 , BLOCK 30, SHADOW LAWN HEIGHTS M.B. 31 7, PG. 14 GPIN: 2427-01-6963 CITY OF VIRGINIA BEACH, VIRGINIA", dated January24, 32 2022, prepared by Gallup Surveyors & Engineers, consisting of 5 pages, a copy of which is 33 attached hereto as Exhibit A and on file in the Department of Public Works and to which 34 reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 37 to those terms, conditions and criteria contained in the agreement between the City of 38 Virginia Beach and the Applicant(the"Agreement"), an unexecuted copy of which has been 39 presented to the Council in its agenda, and will be recorded among the records of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and f 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Applicant 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 , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: It' P;BLt C WOR , REAL ESTATE A EYER SENIOR CITY ATTORNEY CA 15608 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d023\p040\00806710.doc R-1 June 7, 2022 ,v,p,LTH 0 EX. WOOD PILINGS (TYPICAL) LAKE RUDEE �� G1 TO BE REMOVED ° FLOOD Et CI EBB OLEGEND MHW DA -eejjAie'l• LER RIP-RAP M :��`�i', Q`• c-No. 38395 � ��'" ! r /2�,22�� WOOD DECKING - *OW N,.4.1...-.-::%, ,4„, y -,, ..;„*.400" S°/ONA L E� L3 'm' 1,4 '''/ •'V 74. Off. L7 Ir C. L8 P. LOT 1 Lg S..' \ �� L10 1Or .c L1312 F L14 L154*--;..- J „Ile •• q�I' 44 ;/." / \ / t 43 z �, > -_ MHW y��': : a 1 a MLW 0, ?: \ z L 16 `' �, Qom L17 e"- CI L 18 ;''' co 2 Q L19 0;' :''` 6 �� -O SI..,0. A. \ • --,--im, .....r410--• REMAINS OF TIMBER BULKHEAD EXISTING RIP RAP ®5 (TO REMAIN) SEE SHEET 5 FOR LINE TABLE, NOTES AND OWNERS. \ EXHIBIT A ENCROACHMENT EXHIBIT SHOWING 0 40 80 PROPOSED RIP-RAP, OPEN SIDED BOATHOUSE, WHARF, PIERS & EXISTING DOCK, PIERS & PILES Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 1 of 5 FOR I ) GALLUP JOSEPH J. LAMONTAGNE I.N. 202000100354 SURVEYORS & ENGINEERS LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS 323 FIRST COLONIAL ROAD VIRGINIA BEACH,VIRGINIA 23454 M.B. 7, PG. 14 GPIN: 2427-01-6963 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:45 PM MA TCHL/NE D- SEE SHEET 4 ih-L MHW V/ § �pLThi p M LW OroZ 41 Gl Z_� PROPERTY LINE , 111 or' M•B. 7 PG- )� � s.00 v DA -VijiliP4, TLER 14 LOT 1 4064 � cs.,, c.No. 38395 y 2 A' 0 26` 44' Li6 ;, _ Pelly § 0. :....1 SIONAL E� ' F— a ` ' O I1Pot w ,' Qa � J i02 (6.00'44 Wee, LAKE RUDEE X . .. u) N � -� L17 0 FLOOD m) ffS o EBB O ��bW0iiPROPOSED 4'WIDE a O I di- 0 SF)WOOD WHARFM(193.8ROOSED 0 w a L180 k RIP-RAP 2 ii ` 233 LF TOTAL 16 m \ „ be 3.33' \\\\ \\ W o I W v.9.3.,\\\,.• �� w _- 10 . I LLI _ Q .4r.i.**Lit' 14 ''cr io Ill = 6.ov , LT, c--?-7-02 ..1 11, ,.... z 'o . , ,5 6 I, .,.. 1. 15.98 ii CC w ,11kk(7/ o 314' //WA, U VQ,3.a8M EXISTING �) '15.51R\"v g � WOOD PIER I;, �t /` ',r - 0 -\ Alta iTO BE LO2- ei • L19 REMOVED mIYL , 600, ® MHW L�J M LW 1 ,�Ar Iy PROPERTY LINE \? g L20 PROPOSED 6"x6" PT ill 'I EXISTING RIP RAP 4 PI WOOD BULKHEAD sy3,,1 LOT 1 -----1,:-..,:, vf -- f- i ►, 5 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING 0 10 20 PROPOSED RIP-RAP, OPEN SIDED BOATHOUSE, WHARF, PIERS & EXISTING DOCK, PIERS & PILES Scale: 1"=10' j Date: JAN. 24, 2022 I Sheet: 2 of 5 FOR GALLUP JOSEPH J. LAMONTAGNE I.N. 202000100354 SURVEYORS & ENGINEERS LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS 323 FIRST COLONIAL ROAD M.B. 7, PG. 14 GPIN: 2427-01-6963 VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:45 PM �4LTg O� 5.�p, 98' 6.37' p Gl G%r2 EXISTING WOOD � O j PIERS TO BE REMOVED .0' v DA - UTLER � cv c.No. 3839522 f 20.0 o1 ,k cc;,5 MI AN -)t- s`11°NA1, �� I � 6.25' #: O !fN ID imm, 20E ■ PROPOSED v- 6.25' ... (424 SF) LAKE RUDEE WOOD PIER "' 2.21' =ice FLOOD oEBB c - 6.16'M' • 7 C.ao Qs C 35.71 EEEEE' _ 14 EXISTING WOOD 4 `A PILINGS (TYPICAL) in '0 0 � �■Oa�� TO BE REMOVED 6_c if 1111------15122566' . ' �a . At i 1 I I d ' EXISTING FLOATING ., I�I�� II _ DOCKS TO BE REMOVED 1147 -631PROPOSED(117.3 SF)WO 0 • PIER `� • 10.78'..; llIl 11.22 ; 02 'aral PROPOSED 4'WIDE -�- (193.8 SF)WOOD WHARF •;., 20.07' &14.99' 7.63' ;! c5 PROP* ED cv 162 l 1 L,111,10 lll. �� `.��i i7— ®'�•-' - RIP-- • - J ' :� — 233 LF TOTAL I II -c„c.,, ---,-..-../\___W__,.:7:":.i o• 7..22'.n- %,:7Y---..-.o, �_ w --5 0 - W - ' *1I - .u._..irt/ W PROPERTYC LINE 2.25 �,� L7 '''' ___-/ ‘: \1:0 --- , i O. 'f' \ ---, '7 •1 Mi---:-7/3-1--: .-,, - .fgyit , i/` �- S u 2 LOT 1 L3 � � J�� e_SEE 11.67 PROPOSED 6"x6" PT L4 L5 ` � P.��N�IN \Ll WOOD BULKHEAD 6.0' L6 M EXHIBIT A EXISTING WOOD PIER ENCROACHMENT EXHIBIT SHOWING PROPOSED TO BE REMOVED RIP-RAP, OPEN SIDED BOATHOUSE, WHARF, PIERS & EXISTING DOCK, PIERS & PILES Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 3 of 5 FOR I) GALLUP JOSEPH J. LAMONTAGNE SURVEYORS & ENGINEERS I.N. 202000100354 323 FIRST COLONIAL ROAD LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS VIRGINIA BEACH,VIRGINIA 23454 M.B. 7, PG. 14 GPIN: 2427-01-6963 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:45 PM MATCHLINE B- SEE SHEET 3 ‘MATCHLINE C- SEE THIS SHEET )d() iv, 040, 81 L15 V _-.08, s.00' ' C r -_ & 0 L9 �� IF -IIlk 5%. O L10 ( '; aQ lial C,0 t1 1 u_ 14-cA1.4TH O % cx z o M m �G coY Np w O� 1. L1 1 0 '' �. aLL CI - Ia1/ 5.37' W m olI ' g O • � •PERTY Op \ i- (.) DA . •UTLER _ / _ o 0, c.No. 38395 -' a �eL L� w(7{- Vai (6),.. 4 riA. 44414 j § 7.--'4i ctu t 01 "ION AL E L12 A� 5 11 b 6' 0. _J\ 9,, , 1 8 W LOT 1 a'v W Gam'ea-• 0 L13 1i D b PROPOSED o qf W 6"x6" PT WOOD 9 G '� Q BULKHEAD /2_ s - k al J \_ ; ,...6-.,,,,, ,I 441 LOT 1 \ , , ) ieW L14 J\ do I ict- a �J �,� 00-; f / � � W > ) ( de 1 ui I--- ) 1 L15 --/*Iiii A A. C. a '� . 6.0c 0 til ' PROPOSED a I� - '4TCyl/ - V� 116� NEC- RIP-RAP I �C S'F4cTy, 233 LF TOTAL S SyFFr MA TCHL I NE D- SEE SHEET 2 • EXHIBIT A 4 ENCROACHMENT EXHIBIT SHOWING 0 10 20 PROPOSED RIP-RAP, OPEN SIDED pismimilmeim BOATHOUSE, WHARF, PIERS & EXISTING DOCK, PIERS & PILES Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 4 of 5 FOR GALLOP JOSEPH J. LAMONTAGNE I.N. 202000100354 SURVEYORS & ENGINEERS LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS 323 FIRST COLONIAL ROAD VIRGINIA BEACH,VIRGINIA 23454 M.B. 7, PG. 14 GPIN: 2427-01-6963 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:46 PM ADJACENT OWNERS KEY OWNER DEED LEGAL I PLAT GPIN 1 JOSEPH JOHN LAMONTAGNE 20170901000748680 Shadow Lawn Hg30 t Lots 2 & 3 Blk M.B. 7, PG. 14 2427-01-6928 2 CITY OF VIRGINIA BEACH 20100915000966510 Residual Parcel M.B. 7, PG. 14 2427-01-8283 20191115000975940 PERCY LEE JR. & 03 HARRIET H. JONES 3023 / 1010 Parcel A M.B. 7, PG. 14 2427-01-7858 REVOCABLE LIVING TRUST _ `_ Q4 CITY OF VIRGINIA BEACH 20100915000966510 RESIDUAL PARCEL M.B. 7, PG. 14 2427-01-8282 1 5 CITY OF VIRGINIA BEACH Shadow Lawn Hgt Closed 827 / 399 M.B. 7, PG. 14 2427-01-5854 ORDINANCE ADOPTED 1/13/64 Portion Of Caspian Ave JOSEPH JOHN Shadow Lawn Heights LAMONTAGNE 202000100354 West 25ft x 60ft of M.B. 7, PG. 14 2427-01-5922 ORDINANCE ADOPTED 1/13/64 Caspian Ave Closed NOTES: 1. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 2. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY AND/OR ALL EASEMENTS OR RESTRICTIONS THAT MAY EFFECT SAID PROPERTY AS SHOWN. 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A PHYSICAL SURVEY PREPARED BY EUGENE T. REYNOLDS LAND SURVEYOR DATED OCTOBER 24, 2020. LINE TABLE LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE s0ALTH o, L1 S 21'13'12" E 29.87' L13 S 78'00'53" W 13.54' O 1,1 L2 S 15'41'30" E 9.31' L14 S 75'12'40" W 12.13' ,_ Gr L3 S 08'36'10" E 8.23' L15 S 76'28'55" W 11.26' V DA UTLER L4 S 05'01 34 E 6.51' L16 S 81'39 31 W 16.87' • c.No. 38395 L5 S 01'57'46" E 4.50' L17 S 84'48'04" W 5.83' 4-2�. 4' L6 S 03'07'41" W 6.19' L18 S 88'35'15" W 14.00' O4' 1,2 &w L7 S 08'11'20" W 6.89' L19 N 86'05'15" W 12.91' s`S'ONAL ' ' L8 S 21'42'55" W 4.69' L20 N 72'18'22" W 11.97' L9 S 31'49'17" W 7.46' L10 S 43'17'11" W 10.17' L11 S 59'28'18" W 6.84' EXHIBIT A L12 S 75'10'04" W 10.91' ENCROACHMENT EXHIBIT SHOWING PROPOSED RIP-RAP, OPEN SIDED BOATHOUSE, WHARF, PIERS & EXISTING DOCK, PIERS & PILES Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 5 of 5 FOR GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH,VIRGINIA 23454 JOSEPH J. LAMONTAGNE I.N. 202000100354 r LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS M.B. 7, PG. 14 GPIN: 2427-01-6963 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:46 PM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) made this s i/ dayof 2022, THIS AGREEMENT, � � L�Jvby and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOSEPH J. LAMONTAGNE, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 1" in Block 30; as shown on that certain plat entitled: "MAP OF SHADOW LAWN HEIGHTS VIRGINIA BEACH PRINCESS ANNE CO", dated April 1924, prepared by Jno. M. Baldwin, C.E., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 14, and being further designated, known, and described as GPIN 2427-01- 6963 (no address assigned) in Virginia Beach, Virginia; WHEREAS, it is proposed by the Grantee to construct and maintain 233 linear feet of rip-rap, a 20' x 35' (700 square foot) wood open sided boathouse, a 424 square foot wood pier, a 4' wide (193.8 square feet) wood wharf and a 117.3 square foot wood pier, collectively, 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 properties known as Lake Rudee, the "Encroachment Area"; and GPIN: CITY PROPERTY — LAKE RUDEE (GPIN 2427-01-8283) GPIN: 2427-01-6963 (NO ADDRESS ASSIGNED) 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: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED RIP RAP, OPEN SIDED BOATHOUSE, WHARF, PIERS & EXISTING DOCK, PIERS AND PILES FOR JOSEPH J. LAMONTAGNE I.N. 202000100354 LOT 1, BLOCK 30, SHADOWLAWN HEIGHTS M.B. 7, PG. 14 GPIN: 2427-01- 6963 CITY OF VIRGINIA BEACH, VIRGINIA," dated January 24, 2022, prepared by Gallup Surveyors & Engineers, consisting of 5 pages, 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 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 2 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 and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that the existing encroachments referenced in the Exhibit as "TO BE REMOVED" shall be removed by the Grantee at his expense prior to the installation of the Temporary Encroachment, 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 3 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 Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 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 4 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, JOSEPH J. LAMONTAGNE, the said Grantee, has caused this Agreement to be executed by his signature. 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 , 2022, 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 , 2022, 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 By JO: ' PH . LAMONTAGNE, O ner STATE OF CITY/COUNTY OF U1PIA1/,4 , to-wit: The foregoing instrument was acknowledged before me this ry4 day of 11 1J C , 2022, by JOSEPH J. LAMON _ (SEAL) Notary _/ blic Notary Registration Number: /9(.30 CHRISTOPHER B.CAHOON NOTARY PUBLIC REG.#193676 My Commission Expires: 3/ 930a- COMMONWEALTH OF VIRGINIA 'AY COMMISSION EXPIRES 3/31/2025 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFF CY AND FORM P (:L C WOR — REAL ESTATE CI 7 �iv,ALTII0F EX. WOOD PILINGS (TYPICAL) LAKE RUDEE L1 TO BE REMOVED ° FLOOD t) �� EBB O LEGEND M H W DA - UTLER RIP-RAP ° ° M ' Alitlifi* WOOD DECKING IN& ger/ ....„„,„ Q• c.No. 3839522�� 0 D E G Lz SSIONAL Y'' L3 `f,7 tV ►� L5 `0• �0 L7 1 \ 0 LOT 1 L8 {" 1 . L12\ f<<, L9 S \ -O 4\ L14L131.4.am- Q L15 IV 7\ =,• I,i. .4 ....,'-4. - \ / , ,/I O VVV/ 4'J : :), /,Ift" 06 '! g(' 0� w .,r- MHW .��t (%� Q a_ M LW 40.- -/ - z a L16 ; -= \ a— i m L17 4 a " • L18 ,.,� ® L19 V 0 4043.14P. � , ,1 \.-letri. '. REMAINS OF ST TIMBER BULKHEAD EXISTING RIP RAP ®5 (TO REMAIN) SEE SHEET 5 FOR LINE TABLE, NOTES AND OWNERS. EXHIBIT A ENCROACHMENT EXHIBIT SHOWING 0 40 80 PROPOSED RIP-RAP, OPEN SIDED BOATHOUSE, WHARF, PIERS & EXISTING DOCK, PIERS & PILES Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 1 of 5 FOR GALLUP JOSEPH J. LAMONTAGNE ,.;) I.N. 202000100354 SURVEYORS & ENGINEERS LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS 323 FIRST COLONIAL ROAD VIRGINIA BEACH,VIRGINIA 23454 M.B. 7, PG. 14 GPIN: 2427-01-6963 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:45 PM MATCHLINE D- SEE SHEET 4 IdW MHW 1 Ni4v.,LTH o MLW I I I I pa inj AT - 1 - 61 M B , �� PROPERTY LINE ` 6.00' O PG. 1 �6 v DA -eP/44% LER 4 LOT 1 Ni1(76� 0• c.No. 38395 r 2 izr IP 0 24�2 44' L16 , ..,, 1 G�, \, , aQJONAL E� pa6,4 F- o 7,----, i114 ci. 12 a � re u_ `) _ � os.o o'� wM LAKE RUDEE � J L17 �aik o "' N FLOOD � m ., Hie O OP Op �V: a EBB � D PROPOSED 4'WIDE M a0 O / 4� (193.8 SF)WOOD WHARF 0 w d • PROPOSED W L18 /i 8 RIP-RAP 2 \ O 233 LF TOTAL 16.2� • O W h I 3.33' ',Vvill W a ` 9.93'\\\/ /I sly . L� 14t°6 Lll ,... �► ),,c,°,,' N• m0= n 4tirip. i — alya) 7°;.;). .,, -,5,.1, , ,,. a ,i5-9-5 ii- L.,, (,., d 3 L 3.8 itir"\\ i/ ,pLF- �EXISTING �i 15•57 4"f�.. g �h,,4111 / WOOD PIER it, , ;�� o ; '�,,, v TO BE a L19 REMOVED ,! ,�,,®/ MHW1 w 7 � 6.00, M LW CC -,V,�o��j.; PROPERTY LINE I L20 PROPOSED 6"x6" PT Y EXISTING RIP RAP WOOD BULKHEAD .s of LOT1 , --, 5 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING 0 10 20 PROPOSED RIP-RAP, OPEN SIDED BOATHOUSE, WHARF, PIERS & EXISTING DOCK, PIERS & PILES Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 2 of 5 FOR GALLUP JOSEPH J. LAMONTAGNE I.N. 202000100354 SURVEYORS & ENGINEERS LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS 323 FIRST COLONIAL ROAD M.B. 7, PG. 14 GPIN: 2427-01-6963 VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:45 PM ��p,LTI,j O� 5.98' 6.37' G O l .S �� EXISTING WOOD r,) DA 1,0 ViljNt42. TLER PIERS TO BE REMOVED . ' c.No. 38395 eira W., ••. 20.0' -Ewa .1Q• 2�-22 w� o Cm -c:' .4,,, \- SSIONAL 'S IIi IPP PROPOSED 20'x35' C (700 SF) WOOD OPEN 0 10 20 �� SIDED BOATHOUSE I PROPOSED iial 6.25' . (424 SF) LAKE RUDEE o v�;'� _am' WOOD PIER FLOOD 2'21' �' o �_ Ln C EBB C �` � 35.71' .i'` 6.16'M'' m �� / - , PG' 14 �' N EXISTING WOOD CP g � :22' O _� PILINGS (TYPICAL) ■sal TO BE REMOVED . en15.25' 11112,........ _■_12.66' M"',- ■ ' ' EXTING FLOATING 11.2 IIIhIIIIIhHjI,! ij ,�810 lila(��,2 0 ►= Ii DOCKS TO BE REMOVED PROPOSED (117.3 SF)WO•. PIER i 10.78' 15 02' PROPOSED 4'WIDE ara (193.8 SF)WOOD WHARF ., N ,14.99' IllL---�_ PROP• ED i I I,; \liff IhriliMIUM _�csi--�_ 233 LF TOTAL _ \-ii 19.26 11WPII r 7.22 •l, ®3 co ---- \9:-• Ow (.1\.-/ I, ;.:2 MI— 41;!- - cWr) i — MI I 6w li_�Pam, _'o PROPERTY LINE ' 3' .fit _ 1f 6.72' .ZC coc r Q 120 J =i . • 2.25 ��,� L7 �/►� �` LLB ) —'� '�`,, -. `��•..�: 1 i ! � • _ it '''�— so = - ESN 6 " 2 LOT 1 air �r. �► E B-se 1' 11.67 Q L� PROPOSED 6"x6" PT L4 L5 `�� PTGNiIN WOOD BULKHEAD 6.0' L6 M EXHIBIT A EXISTING WOOD PIER ENCROACHMENT EXHIBIT SHOWING PROPOSED TO BE REMOVED RIP-RAP, OPEN SIDED BOATHOUSE, WHARF, PIERS & EXISTING DOCK, PIERS & PILES Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 3 of 5 FOR GALLUP JOSEPH J. LAMONTAGNE SURVEYORS & ENGINEERS I.N. 202000100354 - 323 FIRST COLONIAL ROAD LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS VIRGINIA BEACH,VIRGINIA 23454 M.B. 7, PG. 14 GPIN: 2427-01-6963 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:45 PM MATCHLINE B- SEE SHEET 3 MATCHLINE C- SEE THIS SHEET V , —,, 11., L84 L15 ,Th! O s.0o�' o ] L9 jr '' lill Zi \0 t . 5.49 YO, I( 4,41 L10 / ,, , ' i-- 0 All C Ir 1 aw l► 0 LI_ p,LTlI % _ ' 8 eh o m �' �f+' --� = Y ' I N OJ m G1. Li 1 op i ' i _, O c% 5.37' w m Al O ' ' •PERTY j OO ) i n a oUDA Ra :UTLER o w , Lilo, No. 38395 a a 0' .44' ..„ \-- ,,)___ , N :4.4 9, LL NAL § bArdL12 s99, 6 g wLOT 1 �� o L13 it �rro r6 i CC ao , wPROPOSED 0a, • 6"x6" PT WOOD v539' BULKHEAD le 6,0 -� lO4l s.0Lij LOT 1 , i4 w L14 . -- ��; Apia/9s:dll / / dlr � o mw � g 4� _Z , 10 f>= - ' 6441 L15 4f 4 /46 4/47-c6, ��' PROPOSED a E5 _) C5 " C. , JD ►.i. 4 NC, RIP-RAP . ( F 233 LF TOTAL _' �: F Ty�s Syr, MATCHLINE D- SEE SHEET 2 Fr • EXHIBIT A 74 ENCROACHMENT EXHIBIT SHOWING 0 10 20 PROPOSED RIP-RAP, OPEN SIDED BOATHOUSE, WHARF, PIERS & EXISTING DOCK, PIERS & PILES Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 4 of 5 FOR GALLOP JOSEPH J. LAMONTAGNE I.N. 202000100354 SURVEYORS & ENGINEERS LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS 323 FIRST COLONIAL ROAD M.B. 7, PG. 14 GPIN: 2427-01-6963 VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:46 PM ADJACENT OWNERS KEY OWNER DEED LEGAL PLAT GPIN () JOSEPH JOHN Shadow Lawn Hgt Lots 2 LAMONTAGNE 20170901000748680 & 3 Blk 30 M.B. 7, PG. 14 2427-01-6928 �2 CITY OF VIRGINIA BEACH 20100915000966510 Residual Parcel M.B. 7, PG. 14 2427-01-8283 20191115000975940 PERCY LEE JR. & ®3 HARRIET H. JONES 3023 / 1010 Parcel A M.B. 7, PG. 14 2427-01-7858 REVOCABLE LIVING TRUST 4' CITY OF VIRGINIA BEACH 20100915000966510 RESIDUAL PARCEL M.B. 7, PG. 14 2427-01-8282 CITY OF VIRGINIA BEACH Shadow Lawn Hgt Closed ORDINANCE ADOPTED 1/13/64 827 / 399 Portion Of Caspian Ave M.B. 7, PG. 14 2427-01-5854 JOSEPH JOHN Shadow Lawn Heights LAMONTAGNE 202000100354 West 25ft x 60ft of M.B. 7, PG. 14 2427-01-5922 ORDINANCE ADOPTED 1/13/64 Caspian Ave Closed NOTES: 1. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 2. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY AND/OR ALL EASEMENTS OR RESTRICTIONS THAT MAY EFFECT SAID PROPERTY AS SHOWN. 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A PHYSICAL SURVEY PREPARED BY EUGENE T. REYNOLDS LAND SURVEYOR DATED OCTOBER 24, 2020. LINE TABLE LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE ��',ALTH p, L1 S 21'13'12" E 29.87' L13 S 78'00'53" W 13.54' O Gf L2 S 15'41'30" E 9.31' L14 S 75'12'40" W 12.13' G� L3 S 08'36'10" E 8.23' L15 S 76'28'55" W 11.26' DA - UTLER L4 S 05'01 34 E 6.51' L16 S 81'39 31 W 16.87' • c.No. 38395 L5 S 01'57'46" E 4.50' L17 S 84'48'04" W 5.83' �,22�,A" L6 S 03'07'41" W 6.19' L18 S 88'35'15" W 14.00' ��, '2 �w L7 S 08'11'20" W 6.89' L19 N 86'05'15" W 12.91' sS'ONAL' G L8 S 21'42'55" W 4.69' L20 N 72'18'22" W 11.97' L9 S 31'49'17" W 7.46' L10 S 43'17'11" W 10.17' L11 S 59'28'18" W 6.84' EXHIBIT A L12 S 75'10'04" W 10.91' ENCROACHMENT EXHIBIT SHOWING PROPOSED RIP-RAP, OPEN SIDED BOATHOUSE, WHARF, PIERS & EXISTING DOCK, PIERS & PILES Scale: 1"=10' I Date: JAN. 24, 2022 j Sheet: 5 of 5 FOR GALLUP JOSEPH J. 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IOW 1-,, oilligiallai N C N 'Oi ,,, .^^ O V , ,, \ �ti O It 11111111111.1.14 . lill ' = _ ,.+ � m yM 1111111111111 1111.1111111:4 m co o 0 a N Q a= c to C C. w o 11111 Ill WSO. d w 1 w 0 _0-8'co ca.n a. N 1-264 ` \ '' ''\ '\ NI\INSI.?--------- --- SP.W E 111111 NORFOLK AV L 37 FT ill ,. E w li 00�� t 51 �{1 4, \ O� • 0 , 1.1.1-7 . ��-- � N SAL---- - � V\1,------ * 1cn m -o \51' 1.1 ,,,._., „ GREENS __� A III ____:___11 ,------1,\H ,, c_ _1 ) , t i i -r V----3 -1 V. \ -1 LOCATION MAP _ FOR p AVE n� -\ r \ ENCROACHMENT REQUEST S8� -o \ �- v Legend GOLD �, ` �_, \ --, JOSEPH J LAMONTAGNE cnN GPIN 2427-01-6963 CityProperties - c-- — 7\ r siimio Feet 2427-01-6963 ---\ 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 05/04/2022 X:\CADD\Projects\ARC Files\AGENDA MAPS\2427-01-6963 Disclosure Statement 1/13 City of Virginia Beath 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 Joseph LaMontagne Does the applicant have a representative? I Yes ❑ No • If yes, list the name of the representative. Billy Garrington Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes Ii 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 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. 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. 11Page Disclosure Statement 1/B City of Virginia Bauch 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 0 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 l 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 El No • If yes,identify the real estate broker/realtor. 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 0 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? Yes ❑ No • If yes,identify the firm or individual providing the service. GALLUP SURVEYORS& ENGINEERS, David Butler 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. 2IPag Disclosure Statement 1/3 11 City of Virginia Batch 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 I 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? 0 Yes ❑ No • If yes,identify the engineer/surveyor/agent. GALLUP SURVEYORS& ENGINEERS, David Butler 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 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 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 Print Name and Title Joseph LaMontagne,Owner Date Is the applicant also the owner of the subject property? Li 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 No changes as o Date _ Signature ipor,„-)dor E 4.1, I Print Name < cgai sronzei 5. cANnosAi 3IPage c ,.Qy8 , • fv �.. S! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate American Rescue Plan Act Funding from the Commonwealth for Information Technology Infrastructure MEETING DATE: June 21, 2022 • Background: The Department of Human Services (DHS) Behavioral Health and Developmental Services Division provides services to individuals with mental illness, substance use disorders, and intellectual disabilities. Most services are licensed by the Virginia Department of Behavioral Health and Developmental Services (DBHDS) and fall under the DBHDS Performance Contract. DBHDS has allocated American Rescue Plan Act (ARPA) funds to localities in the Commonwealth to support efforts to modernize information technology (IT) infrastructure to enrich data and improve business analytics. ■ Considerations: DHS has been allocated $80,000 of ARPA funds for IT infrastructure. This funding is intended to enhance DHS's ability to comply with ongoing and evolving data sharing and reporting requirements between DBHDS and DHS. Funding may be allocated to invest in manpower with IT and data management expertise or technology that enhances data capture and management capability. The period of performance for expenditure of this funding is May 15, 2022 through June 30, 2023. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: rk0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 AMERICAN RESCUE PLAN ACT FUNDING FROM THE 3 COMMONWEALTH FOR INFORMATION TECHNOLOGY 4 INFRASTRUCTURE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $80,000 of American Rescue Plan Act funding is hereby accepted from the Virginia 10 Department of Behavioral Health and Developmental Services and appropriated, with 11 revenue increased accordingly, to the FY 2021-22 Operating Budget of the Department 12 of Human Services for information technology infrastructure. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7k): - gkadi(P. 6 B dget and Management Services • o 's CA15854 R-1 June 8, 2022 L. PLANNING 1. T-MOBILE CAMPUS EAST COMMUNITY ASSOCIATION, INC for a Modification of Conditions re communication tower at 5642 Campus Drive DISTRICT 4 (formerly District 2- Kempsville) RECOMMENDATION APPROVAL 2. AUTOBELL CAR WASH,LLC/BRENNEMAN FARM RETAIL ASSOCIATES,LLC for a Conditional Use Permit re develop car wash facility at 4577 South Plaza Trail DISTRICT 1 (formerly District 2- Kempsville) RECOMMENDATION APPROVAL 3. SUITE MANAGEMENT FRANCHISING,LLC/HILLTOP SQUARE INVESTORS,LLC for a Conditional Use Permit re tattoo parlor at 550 First Colonial Road, Suite 23C DISTRICT 6 (formerly District 6- Beach) RECOMMENDATION APPROVAL 4. Ordinance to ADD Section 209.5, DELETE Section 242.1 and AMEND Section 901 of the City Zoning Ordinance (CZO) re tattoo parlors and body piercing establishments as permitted uses in B-2 Zoning(Requested by Vice Mayor Wilson and Council Member Berlucchi) RECOMMENDATION APPROVAL c. cTjI.J J NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,June 21,2022,at 6:00 p.m.in the Council Chamber at City Hall, 2n° Floor at 2403 Courthouse Drive (Old City Half), Building 3,Virginia 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: )lttos://vb Q.webex.com/vbgov/onstage//.ohQ ?MTI D=e7bf5159e8c45f9ddf760dc8ffb20d649 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on June 21,2022. The following requests are scheduled to be heard: T-Mobile (Applicant) Campus East Community Association, Inc (Property Owner) Modification of Conditions (Communication Tower Height Extension) Address: 5642 Campus Drive GPIN(s): 1468156021 Council District District 4 Autobell Car Wash, LLC(Applicant) Brenneman Farm Retail Associates,LLC(Property Owner)Conditional Use Permit(Car Wash Facility)Address:4577 S.Plaza Trail GPIN(s):1476612426 Council District District 1 Suite Management Franchising,LLC,(Applicant)Hilltop Square Investors,LLC,(Property Owner)Conditional Use Permit(Tattoo Parlor)Address:550 First Colonial Road, 23c GPIN(s):2407879912 Council District District 6 City of Vin4nla Beach -An Ordinance to add Section 209.5,delete Section 242.1 and amend Section 901 of the City Zoning Ordinance pertaining to tattoo parlors and body piercing establishments as permitted uses in the B-2 Zoning District. 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 con/government/departments/crty- clerlvnity-count for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON -JUNE 5,2022&JUNE 12,2022-1 TIME EACH 099 099 Otit 0££ OZZ 01.1.59 0 lead fiuippn8 6u!uoZ II an!UQ sndweo ZI 99 suo6AIod AjJadoad a 0- \►y,.M al!goW-1 On %%.. N it 0 �! n �� r \at. Z I,d ::1:V 164 .,ii0 �,r I 06 6)‘i- ** , 0— -w-- ----- r rs la r--'' _ wori, itio _____- : .,0 ra \ so, -- - 11 (1.,*-1 ..., 10•%0- -4) one= o \ i too . sliwtgos -0-s-e 1- . SI .4-7'-\z i.v . )0 ooi ii co (I) Ocl.v___________---tok -—low 4,a. sr::.,alsi %St 801 * \ \ S LN 10:$ ,,, .., 72 cult% ilir 7 uti_ .iis :;.,„,, tr,,,.-_ 101, li ‘ - vs, irnw w- - eon' ;6 *0.4.- 74 ,1 SI det*A40 f.v' 1%; 1-:.,,ati Sr-ZI,V T \*.ge#,-- 0 t .....4 %. I isr'Soll (1) .0*. v#S . �� ♦ � !�!0. �r A �►' a ,�� Z ��d � Ica i - a• Ulf ' sodt‘s 4N ND\ 1 — ti- i--0-014--- ----- • t•; .x ,e... . .0 - - ,•• •Aik, .... 4 - ./ °A 0 Z\I%V# 0 St‘W UV ' Ao• _._._____________„7:81Z=Wo *V* __ 0 N1.1_9_ _----___-,N i- le 1_,A41,41 10.0,--, •,-,V4 -6 'MGAA Z'vv - _,01 •,,i0,,, 7\14 . 1 e), - ,i 0 LIA \It I w7,_,W‘41,4" %OA 14:11r,,,/ 1111111111d 0.1,\V *.' `a.' .. . -- \O 0. ...c.\_______--- ...--- iiil 0_,„,. • ci a . opJ , . 0 nv eAucv.u.twe . .< , - , -6 ' .... g LH : .------ -----_-__- ______- -1-seM *. 0 ' ". - -- - c' ETh .14 00 - 03 D IT3 . . ' 3 <`v C-L] 0 n o 111°' a 4C? c:3\ / ,,Q: CD o ,0 0 0 c ,'^ \ eau`:u"E+cy. }Si (•5 .cJ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: T-MOBILE [Applicant] CAMPUS EAST COMMUNITY ASSOCIATION, INC [Property Owner] Modification of Conditions to a Conditional Use Permit (Communication Tower) for the property located at 5642 Campus Drive (GPIN 1468156021). COUNCIL DISTRICT 4, formerly Kempsville MEETING DATE: June 21, 2022 • Background: This application is a request for an after-the-fact Modification of Conditions for a Conditional Use Permit for a 105-foot-tall, Fort Worth-style Communication Tower (tower constructed within a lattice Dominion Energy transmission tower) in the Campus East neighborhood that was approved by City Council in 2008. In 2019, the applicant obtained ownership of the tower as a result of the merger of T-Mobile and Sprint Communications. Prior to the merger, Dominion Energy removed the lattice tower and replaced it with a monopole and installed the antennas at a higher level than approved. In a cursory review of T-Mobile's infrastructure, the applicant became aware of the need to obtain a Modification to the Conditional Use Permit. Thus, this application has been submitted to rectify this oversight. The application includes an increase in height from 105 feet to 150 feet as well as a sleeker design to a standalone monopole that supports both electric power lines and antennas. • Considerations: The redesign of the electric power transmission towers throughout the Campus East neighborhood has streamlined the appearance of the towers when compared to a lattice-style tower, thereby improving aesthetics throughout the Campus East neighborhood, which is especially important as this site is in a residential area near a playground. As the required plant material has either died or has been removed, a condition is recommended that evergreen shrubs be installed around the perimeter of the fence. 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. T-Mobile Page 2 of 3 • Recommendation: On May 11, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1 . All conditions attached to the Conditional Use Permit granted on February 28, 2006, are hereby deleted and superseded by the following conditions. 2. The tower shall be constructed substantially in adherence to the site plans entitled "VB/VEPCO USVA3245 CAMPUS DR", prepared by Allpro Consulting Group, Inc., and dated March 16, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval and shall be in substantial conformance with the plan entitled "VB/VEPCO USVA3245 CAMPUS DR.", prepared by Allpro Consulting Group, dated March 16, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. All plantings required by this Conditional Use Permit shall be properly maintained for the duration of the tower's existence. 4. The communication tower shall not exceed 150 feet in height. 5. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. As required by Section 232(r)(4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the tower, antennas, and related equipment from the property within ninety (90) days. 7. No signage shall be permitted on the communication tower. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing T-Mobile Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager: Applicant T-Mobile Agenda Item Property Owner Campus East Community Association, Inc Planning Commission Public Hearing May 11, 2022 13 City of City Council District District 4,formerly Kempsville Virginia Beach Request Modification of Conditions (Communication Tower) `\ � , i 'e� °Staff Recommendation tz4 Q� o;� a °ap 4 y Ha��Fi Approval �9 , i Ws°� �% 9; Sao 9'of� Sed9empO+a°ae c. A 1� t ��gceet+R°� I I c Staff Planner Michaela McKinney ----a i `� j �` weSleYar� ti Location �� 5642 Campus Drivea9p� `; GPIN - \ 1468156021 o Site Size ) ft 1l 2.49 acres (lease area for tower—300 square ) s feet) / X% ,„}„, t1),, AICUZ Less than65dBDNL ' Watershed Chesapeake Bay Existing Land Use and Zoning District • ;`e 're'-' c. � _eve s Communication Tower, park/A-12 Apartment ,_. ` '! �`l �r4 Surrounding Land Uses and Zoning Districts 3 ••j..._.. ► *. ' `� `. __., North Wesleyan Drive ' Jr- 7�\ .-.--' ro Ev Park/A-12 Apartment f. z• i South z _ .� . ^� Shy. '`;. Campus Drive ,r ',r -.`f „ i GeQ, z *, •- Townhouses,vacant lot /A-12 Apartments`'' '3 , . 4 ,�` t East -- , t„»f�' - °'� ,. : � . o , • . . , ''',A: ' "'." ue , Townhouses/A-12 Apartment --A, ••• --.,'., _ ,t West • jIsf ‘ _- Baker Road '.. :- r University,townhouses/ R-15 Residential, A-12 Apartment T-Mobile Agenda Item 13 Page 1 Background & Summary of Proposal • In 2006, City Council granted a Conditional Use Permit for a Communication Tower which permitted a 105-foot tall Fort Worth-style communication tower whereby a new tower is constructed inside a lattice-style transmission tower with communication antennas attached at the top. This specific tower design was approved in junction with an existing Dominion Virginia Power transmission tower on this A-12 Apartment District-zoned parcel. The proposal included an equipment cabinet near the base of the transmission tower that was encompassed with a black vinyl chain link fence with plants around the perimeter, in accordance with City standards. • In 201g 2019, the transmission tower was redesigned and the power lines were relocated onto a taller monopole tower that jointly supports both electric power transmission lines and communication antennas. The height of the tower was extended to 150 feet and the equipment cabinet near the base remained enclosed by chain link fencing. The applicant was unaware of the need to modify the existing Conditional Use Permit for these changes in design, particularly the increased height. • According to the applicant,the tower height was increased from 105 feet to 150 feet, prior to the merger of Sprint Communications Inc and T-Mobile, when Dominion Energy replaced the lattice towers with a monopole causing the antennas to be higher than the approved level.after the merger of Sprint Communications, Inc and T Mobile. During this time, it was believed that only the lease holder's approval, Dominion Energy, was needed to build new lines or construct on an existing Dominion Energy Tower and that additional permitting from the City was not needed. The applicant now seeks to rectify this oversight by modifying Condition 2 of the 2006 Conditional Use Permit to increase the permitted height from 105 feet to 150 feet. ,, Li 0 ,c . .% °Lj t 1_,.1___-\_ __ -4_- oi, __--, R!5 eI0 R,o 1 B P ,•Ai _ Q l . 2 g? , ;. r*AO . Zoning History 44) f i �ti � �� # Request — =-- --_- `"° ot � �� 1 CRZ(R 5 to 0 1 Office)Approved 06/23/2016 i�/4; r/ t,VN,r 2 CUP(STC)Approved 05/27/2014 r �f•,�, L•0.',0;`a . M.�� MOD(Parking Lot Addition)Approved 05/27/2014 �� w 3 CUP(Communication Tower)Approved 08/12/2008 '�-='� i�%•�c,+'`'� ��" �` 4 SVR Approved 04 10/1999 3 $° PP / 5._ . a� ;�+`�� AstAt• ,,l Of o • 5 CUP(Communication Tower)Approved 02/28/2006 —It'" 12 Sty %. \ \ !iilli t '4• of tip * v,` ' Application Types CUP-Conditional Use Permit MDC-Modification of Conditions STC-Street Closure SVR-Subdivision Variance REZ-Rezoning MDP-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 Staff finds this application for a Modification to the Conditional Use Permit for the increase in height of the existing monopole communication tower from 105 feet to 150 feet acceptable.The redesign of the electric power transmission towers throughout the Campus East neighborhood has streamlined the appearance of the towers when compared to a lattice-style tower,thereby improving aesthetics throughout the Campus East neighborhood. T-Mobile Agenda Item 13 Page 2 As the tower and associated ground level equipment are in a residential neighborhood and near a playground, aesthetics is particularly important. Any plant material that was installed as a condition of the 2006 approval has perished;therefore, Staff has included a recommended condition that Category I plantings consisting of evergreen shrubs be installed and maintained in good condition around the perimeter of the fence that encompasses the equipment cabinets near the base of the tower. These plantings will aid in screening the black vinyl chain link fence and the equipment cabinets from view as well as providing a physical barrier to deter trespassing. The applicant has agreed to this condition with the exception of plants along the fence line nearest to the base of the tower, which is less than 20 feet in distance, in order to provide unobstructed access for maintenance, etc. Staff finds this compromise acceptable and this is reflected on the Conceptual Landscape Plan on page eight of this report and in Condition 3 below. Staff is recommending approval subject to the conditions below. Recommended Conditions 1. All conditions attached to the Conditional Use Permit granted on February 28, 2006, are hereby deleted and superseded by the following conditions. 2. The tower shall be constructed substantially in adherence to the site plans entitled "VB/VEPCO USVA3245 CAMPUS DR", prepared by Allpro Consulting Group, Inc., and dated March 16, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning& Community Development for review and ultimate approval and shall be in substantial conformance with the plan entitled "VB/VEPCO USVA3245 CAMPUS DR.", prepared by Allpro Consulting Group, dated March 16, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. All plantings required by this Conditional Use Permit shall be properly maintained for the duration of the tower's existence. 4. The communication tower shall not exceed 150 feet in height. 5. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time,the user shall immediately cease operation to the extent necessary to stop the interference. 6. As required by Section 232(r)(4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one (1)year,the applicant shall remove the tower, antennas, and related equipment from the property within ninety (90)days. 7. No signage shall be permitted on the communication tower. 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-Mobile Agenda Item 13 Page 3 Conditions of 2006 Conditional Use Permit 1. The tower shall be constructed substantially in adherence to the site plans entitled "N060XC833-C VEPCO Structure #27/289 Sprint, Co-Location Transmission Tower", prepared by Alcoa Wireless Services, Inc., and dated 9/14/05 (issued for construction). This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower shall be limited in height to 105 feet. 3. Landscaping around the tower shall comply with the City of Virginia Beach requirements. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology(COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia,showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities,shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facilities arises from the users of this tower,the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time,the user shall immediately cease operation to the extent necessary to stop the interference. 6. Should the antennae cease to be used for a period of more than one (1)year,the applicant shall remove the antennae and their supporting tower and related equipment. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known significant natural or cultural features associated with this site. Comprehensive Plan Recommendations This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. T-Mobile Agenda Item 13 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on April 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 24, 2022 and May 1, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 25, 2022. • 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 May 5, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 5, 2022 and June 12, 2022. • 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 June 6, 2022 • 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 June 17, 2022. T-Mobile Agenda Item 13 Page 5 Site Layout ( r •,,,,,,,. e-5\e . . ..... , ,....., __ .. . . _ - ...._ DI --- ik...........,---,, _ _iiii.,....... ....1 . 0 " 1 e V zu 10. . . * • r -0 v ,, . i - ' ..,... , ... ,. , . ,,,,,,_ _ . • ..'r- r lit f 4 • !r' , gl , ''4 \ ,, 1 , . ,. _ _ ,.,-,-,,, . _,,,,,....::- , a ..„." _ _ r rti , 'N1.0"'",- -,-,:r :110 } !NO T-Mobile Agenda Item 13 Page 6 Tower Elevations T1D MEV APPLIR1DiA142 15C-C A.C.L 194. 1•41E.LINE =tt,-..:s(:T-iocHtE MINAS& a V TZT Cf;E:132(3 14S-r A CI • I 1' I .E..141-e T,AVIALACI PROPOSED 7-MCHIE %WA 61.24 HOW CANE NOT)IMIX TOMN: KE 1141/2-, PROPOSED T-MOILE 0/4 MAC PAC f.E)COVnt,N; ' CHAs fga'er4-LPLa T-Mobile Agenda Item 13 Page 7 Proposed Landscape Plan — 1.0171P:;'ivr. Fri*: :ri:.IT — IW:E?.FC'JrC TfLZ,L ;("1...IT ►a�E?..PGJrE RED UNLIT _ Hr 1I. i.R4 E ..• c o 'i %. C— _ — — V. p isier- i ...,. . j tlik„. (E) 143-0. .b { -:,�' Cs 0 .tip .1. lii�tlV5N55�;.A Y:'�►��'�tE FRCP:"Ft SCUTIERs OAK ki r C �j r • I t 1/4,1.1. - I .- Ni- k Ir‘-‘) °I`''' ^ _ ,., L t.r PROPOSED x rn'' TAMALE EAuP11E1►T AI, a-.__� '' CABtyETS L i x - KF�f i;TI'T • ,e i �\ �� (:),..,.... .." I r -') " ) 46f:141 c t x x ��- X 1 i- JJ 1 � M. FE%rE' rr„r,7�h. ) ------ i t C), 'f lr, ) i N *CCFSS CMJ J `" J � (E)cf taMIET .. cm ".f.:A...7 nAD Q .,. 11 .!E Nr;-,:TH T-Mobile Agenda Item 13 Page 8 Site Photos -...: . • • -+ .. - % air - t ,'0 - "ZisigP" • !••;'-'• : • ; - •7,46Wile'*V#44.' • ' • • _ . • •-) • .190trr".""1: T-Mobile Agenda Item 13 Page 9 Disclosure Statement Disclosure Statement 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 Tmobile Does the applicant have a representative? Yes ❑No • if yes.list the name of the representative. C E.Forehand via FCI Towers Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑No • 'yes.I st 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 liii)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 af. T-Mobile Agenda Item 13 Page 10 Disclosure Statement Disclosure Statement M3 Planning&Communittr _ Known Interest by Public Official or Employee Does ar official or employee of the City of Virginia Beech nave an interest in the subject land or any proposed development contingent on the subject public action?0 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 appc.cant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any fina ncii ng in connection with the subject of the applicatior 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 a plicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property) O Yes No • If yes, dentify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns providd 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 ind viduai 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 S. Is there any other pending or proposed purchaser of the subject property?❑Yes 5ir No • if yes,identify the purchaser and purchaser's service providers. 1 ! .- . T-Mobile Agenda Item 13 Page 11 Disclosure Statement Disclosure Statement AB 0v 4V*v b•ah Planning&Community Development b Does the applicant have a construction cont ctor 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 company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in nection with the subject of the application or any Lusiess operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the se ice. 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 No • ff yes,identify the firm and indwid al providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I unaerstane ti,at, upon receipt of notif cation that the app ication 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 nection with this application. 2 ..............5,on Applicant Signature 1 Print Name and Title /,/2''1' Date f is the applicant also the owner of the subject property? ❑Yes No • If yes,you do not need to fiJi ot.t 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 ® I No changes as of Date 06/01/2022 win � --I ?,�P. ..... Michaels D.Mckinnc) 31Page T-Mobile Agenda Item 13 Page 12 Disclosure Statement Disclosure Statement Viepoueakt Planning&Community Development Owner Disclosure Owner Name Campus East Community Association Applicant Name T-Mobile/Sprint Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?E Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Roger Purity,Mike Hinton,Jeff Coleman,Gladys Sumner,John Roth,David Charboneau • 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? "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. Revised 11.09.2020 T-Mobile Agenda Item 13 Page 13 Disclosure Statement Disclosure Statemen \11.6 t .. ... Pia nning b Gomm u n ity '' Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross•collaterakzation,etc)or are they considering any financing in connection with the subject of the application or ary business operating or to be operates or the property? ❑Yes U No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑Yes U 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 appl cation or any business operating or to he operated on the property?❑Yes •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 U 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 IN No • If yes,identify the purchaser arc purchaser's sery ce 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 U No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connectior with the subject of the app ication or any business operatirg or to be operated on the property?❑Yes •No • If yes,identify the firm and individua providing the service. Revised 11.09.2020 6(F r c T-Mobile Agenda Item 13 Page 14 Disclosure Statement Disclosure Statement V13 ray N i irrnmv Pns ,,, , -,-,. s- Planning&Community , Development . 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?❑Yes •No • If yes,identify the firm and individual providing legal the service. 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 y or any public bo or committe 'n connection with this-eippllcaiton. >)Owner Signature Roger Durity-President Board of Directors of Campu fast Print Name a d T le ___,/ Date Revised 11.09.2020 7 I P a g e T-Mobile Agenda Item 13 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. T-Mobile Agenda Item 13 Page 16 Virginia Beach Planning Commission May 11, 2022, Public Meeting Agenda Item # 13 T-Mobile [Applicant] Campus East Community Association, Inc. [Property Owner] Modification of Conditions (Communication Tower) Address: 5642 Campus Drive RECOMMENDED FOR APPROVAL - CONSENT Commissioner Alcaraz: Thank you. The next item is agenda item number 13, and that is T-Mobile for Modification of Conditions for communications tower at 5642 Campus Drive. Is there a representative today to speak for this? Please come forward. Mr. Forehand: Afternoon, commissioner. C.E. Forehand for T-Mobile. We are basically just upgrading an existing site and putting new equipment, converting it over from sprint equipment to T-Mobile equipment and no issues with current conditions. And, I'll be here for any questions from anybody. Commissioner Alcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none. I asked Commissioner Cuellar to speak on this. Commissioner Cuellar: Thank you. The applicant T-Mobile is requesting a Modification of Conditions. It's the communication tower height expansion. According to the applicant, the tower height was increased from 105 feet to 150 feet after the merger of Sprint Communications and T-Mobile. During this time, it was believed that only the lease holder's approval, Dominion Energy, was needed to build new lines or construct on an existing Dominion tower. The applicant came to us and now seeks to rectify the oversight by modifying condition two of the 2006 Conditional Use Permit to increase the permitted height from 105 feet to 150 feet. Being that there is no objection, the Commission recommends approval for the consent agenda. Commissioner Alcaraz: Thank you. The next item on consent is item number 14 for Suite Management facilities, I mean Suite Management Franchising LLC for a tattoo parlor at 551 First Colonial Road, Suite 23 C. Is there a representative here today? State your name. Please. Angela Silvas: Hi, my name is Angela Silvas and I'm here requesting a permit to have individuals come in to have businesses, and they are going to be able to apply permanent makeup known as microblading within the building. And this is going to umbrella over individuals that have their own businesses. Commissioner Alcaraz: Are the conditions acceptable to you? Angela Silvas: I'm sorry. Commissioner Alcaraz: Are the conditions acceptable to you on this. Angela Silvas: Yes. Commissioner Alcaraz: Thank you. You may be seated. Jeff Spatz: Jeff Spattz here on behalf of the landlord to assist and approve and support in their motion. Commissioner Alcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none I've asked Commissioner Klein to speak on this. Commissioner Klein: The applicant is requesting a Conditional Use Permit in order to operate a tattoo parlor specifically for microblading, which is the application of permanent makeup, within an existing 6,120 square foot salon. The unit is located within the Hilltop Square Shopping Center along First Colonial Road and Donna Drive on property zone B2 Community Business District. Microblading will take place in 36 separate suites within the salon, each rented out by a cosmetic professional. Staff supports the application and the Commission recommends approval. Commissioner Alcaraz: Thank you. The next item for consent is item number 15, and that is for Megan Calhoun, a short term rental at 4005 Atlantic Avenue, Unit 108, please come forward, State your name please. Megan Calhoun: Megan Calhoun. Commissioner Alcaraz: Do you accept the conditions? Megan Calhoun: Yes. Commissioner Alcaraz: Thank you may be seated. Is there any opposition to items 15 being on the consent agenda? Hearing none, Mr. Weiner, if you could speak on this. Weiner: Yes. Thank you. Mr. Alcaraz, this is a Conditional Use Permit for a short term rental at 4005 Atlantic Avenue, Unit 108 that's in the OR district, and we have put it on a consent agenda. Commissioner Alcaraz: Thank you. And the last item that we have on the consent agenda is item number 17. Item number 17 for Georgi Stoyanov at a short term rental at 4005 Atlantic Avenue, Unit 115, please come forward. Madam Clerk: Mr. Alcaraz. Mr. Stoyanov is virtual, he's on WebEx. So calling Georgie Stoyanov, if you would please pause for two to three seconds while we unmute your audio feed, and then state your name and whether the conditions applied to your application are acceptable. Georgie: Georgie Stoyanov. Acceptable. Commissioner Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I asked Mr. Weiner again to speak on this item. Commissioner Weiner: Thank you, Mr. Alcaraz. This is a Conditional Use Permit for a short term rental at 4005 Atlantic Avenue, Unit 115. It is in the OR district and we have put it on a consent agenda. Commissioner Alcaraz: Thank you. Madam Clerk: Mr. Alcaraz. I'm sorry, we now have a speaker in relation to application number four, so it needs to come off consent. Commissioner Alcaraz: Thank you. All right, Mr. Chair, that leaves the following on consent agenda, consent agenda number eight, number nine, number 10, number 13, number 14, number 15, and number 17 are all on consent agenda. Chairman Wall: Okay, thank you. Do I have a motion to approve by consent agenda items eight, nine, 10, 13, 14, 15, and 17. Commissioner Alcaraz: I'll make a motion to, Chairman Wall: Okay. Oh, we have a motion by Mr. Alcaraz. Do we have a second by Mr.- Commissioner Weiner: Second Chairman Wall: By Mr. Weiner. Commissioner Redmond: Mr. Chairman? Chairman Wall: Yes. Commissioner Redmond: Mr. Chairman. I want to be clear that while I am supporting the items on the consent agenda, am specifically abstaining with regard to items number 15 and 17 as they are short term rental applications. I have a letter on file with city attorney's office. I have a client in the travel industry and I do not vote on short term rental applications or any of the ordinances that apply there, too. Thank you. Chairman Wall: Okay, thank you. Madam Clerk: Thank you, Mr. Chairman, the vote is open. Madam Clerk: By recorded vote of 10 in favor, zero against agenda items, 8, 9, 10, 13, and 14 have been recommended for approval by consent. Agenda items, 15 and 17 by a vote of nine in favor, zero against, with one abstention by Commissioner Redmond, have been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. All conditions attached to the Conditional Use Permit granted on February 28, 2006, are hereby deleted and superseded by the following conditions. 2. The tower shall be constructed substantially in adherence to the site plans entitled "VBNEPCO USVA3245 CAMPUS DR", prepared by Allpro Consulting Group, Inc., and dated March 16, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval and shall be in substantial conformance with the plan entitled "VBNEPCO USVA3245 CAMPUS DR.", prepared by Allpro Consulting Group, dated March 16, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. All plantings required by this Conditional Use Permit shall be properly maintained for the duration of the tower's existence. 4. The communication tower shall not exceed 150 feet in height. 5. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. As required by Section 232(r)(4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the tower, antennas, and related equipment from the property within ninety (90) days. 7. No signage shall be permitted on the communication tower. 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. \._,...vr-j \\ *.,?,,d75 „_ , . s . N(. 0._y/ 2>, ',,(x.7 ___ z4k,,, a. CO 1 � (:)/‘ `firN, 1 O ,x, CZ03/77-7, V°- r►~ ,� / a. 002 3 �, 73.020:7i , \A :cv N a o Z3 N ` \ / o o p AV < M o ,/ < ' 41 , , CN r (' ,%.# i Ail%k 0 ) '''' \ Lr)6?'.0 0 l,. r 1-1 AP '' WI Lo ' 4g. ---- % ) CLC'e‘(\(/.Q: 2,/x / • Cii,4 kie � �i2 7 v 0 N,,a/ 7- *- & 6 1�Da _ '46i) FS L( < )<-l.io < t it Rs 2 ' ,,_ , N a. CON C� • m = � NO .2 4' ,,, >. 7 Pw..\\,6\\\\co Nix , \N\ 0 gyp, in 1 we \ c!. V' c,, \ 0::::4 l�� ° del 14! \\ \ -!!•-tjT-° i . ess / 0 11 - ti' \0 a\ ° J108 00 i •(). \,, e' ' O • c �� L (n 4 2 c .,^... f� 2! ( f. .jfil `,'� �:.war CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: AUTOBELL CAR WASH, LLC [Applicant] BRENNEMAN FARM RETAIL ASSOCIATES, LLC [Property Owner] Conditional Use Permit (Car Wash Facility) for the property located at 4577 South Plaza Trail (GPIN 1476612426). COUNCIL DISTRICT 1, formerly Kempsville MEETING DATE: June 21, 2022 • Background: The applicant is requesting a Conditional Use Permit to develop an Autobell Car Wash Facility on an outparcel of the Brenneman Farm Shopping Center. The site has frontage on South Plaza Trail and, like the rest of the shopping center, is zoned B-2 Community Business. There is an existing commercial retail building located on the subject outparcel, an AutoZone store. The applicant plans to develop the new Car Wash Facility on the same lot as the existing building; they have no plans to subdivide the outparcel as part of this project. • Considerations: The development will provide a beneficial and complementary service to residents, especially those who live near the Brenneman Farm Shopping Center. The Car Wash Facility will complement other auto-oriented services clustered in and adjacent to the Brenneman Farm Shopping Center, including a recently completed Autozone retail store in the shopping center, an Automobile Service Station currently under construction in the shopping center, and an Automobile Service Station and Car Wash Facility on the southeast corner of South Plaza Trail and Princess Anne Road. Vehicular ingress/egress is proposed from within the shopping center rather than from the right-of-way, thereby ensuring fewer conflicts and accidents as a result of this development. The proposed exterior and landscaping reflect existing elements in the adjacent shopping center and will provide visual cohesion and enhanced aesthetics to the site. 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 May 11, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1 . When the property is developed, it shall be in substantial conformance with the exhibits entitled, "Preliminary Layout," prepared by Kimley Horn, dated Autobell Car Wash, LLC Page 2 of 2 01/28/2022 and "Conceptual Landscape Plan," prepared by Kimley Horn, dated 01/28/2022 which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department, with the exception of modifications required by the Department of Public Works and any other City departments in order to comply with City regulations and policies. 2. When the building is constructed, it shall be in substantial conformance with the exhibit entitled "Color Elevations — Scheme B," prepared by MRA City Studio and dated 04/21/2022 and which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The outparcel shall be allowed one freestanding sign which shall meet the provisions of the City of Virginia Beach Zoning Ordinance. Any deviations to the design or appearance of the sign shall be submitted to the Planning Department for approval prior to the issuance of a sign permit. There shall be no electronic display components (LED and similar) or neon installed on the sign or on the building. 4. The signage showed in the exhibit "Elevations — Color" and dated 02/14/2022 are subject to review by the Zoning Division during the sign permit process and shall not be permitted as shown unless it meets the provisions of the City of Virginia Beach Zoning Ordinance. No additional signage shall be permitted on the building. 5. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 6. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. ■ 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 6e7 City Managerr/1).-1') Applicant Autobell Car Wash, LLC Property Owner Brenneman Farm Retail Associates, LLC Agenda Item Planning Commission Public Hearing May 11, 2022 Ciryof City Council District District 1,formerly Kempsville 1 0 Virginia Beach Request Conditional Use Permit (Car Wash Facility) Staff Recommendation ' T Approval '11\'<'. 14,\ . Staff Planner 4 Elizabeth Nowak L �� ,doir*i( ? �O C �Ofir Location °° p 1 F y t c °'o ss 4577 South Plaza Trail > c. '' 4 ►�4. -ii .,, GPIN t. � ilk 1476612426 1 IL i • Site Size ' • 1.84 acres i a ' AICUZ Less than 65 dB DNL ..fyl •" Watershed ( ( 7)4`te, C Chesapeake Bay Existing Land Use and Zoning District ,- .- Vacant parcel/B-2 Community Business t�� ,+�` 7 Surrounding Land Uses and Zoning Districts ., tii, a •, r: LIt 3 North c- • Shopping center B-2 CommunityBusinessr '' e � pp g / Iii% • CA South !r, '�7-, _ South Plaza Trail a .4--0. ''`�-r''' Townhouses; self-storage facility;fuel station/ f. ` ,�� S`' A-12 Apartment, B-2 Community Business �=�, y = � c �a East0.7 o�,� o' k.`;r-,, •. s•rz.n , tq Automobile service station/ B-2 Community - .-.�, ,o•: • : , + Business �� a • - ' Y West • ,°cam �\ �Y• yam' " od , Retails/ B-2 Community Business ; . - ,: , i ` '` ' LAej..'',. ' '- - Autobell Car Wash, LLC Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to develop an Autobell Car Wash Facility on an outparcel of the Brenneman Farm Shopping Center.The site has frontage on South Plaza Trail and, like the rest of the shopping center, is zoned B-2 Community Business.There is an existing commercial retail building located on the subject outparcel, an AutoZone store. The applicant plans to develop the new Car Wash Facility on the same lot as the existing building;they have no plans to subdivide the outparcel as part of this project. • The Brenneman Farm Shopping Center has a long zoning history, beginning with a 1971 PUD (later PD-H1) Planned Development Land Use Plan for the Brenneman Farm.Several amendments and modifications have been made to this plan over time resulting in today's present development, including the Brenneman Farm Shopping Center, a townhouse development south of South Plaza Trail, apartment complexes northeast of the Brenneman Farm Shopping Center,a medical office complex north of the shopping center, and Bishop Sullivan Catholic High School northwest of the shopping center.Today,the Brenneman Farm Shopping Center has a mix of commercial retail, personal services,and restaurants, and construction is currently underway on a new automobile service station with fuel pumps immediately adjacent to the subject site. • The applicant will develop the site with a 3,000 square-foot building that will house an automatic car wash, customer lounge, restrooms, office space, and an employee break room. 10 parking spaces will be available for customer use on the east side of the building. • The Car Wash Facility will be accessed from a private drive in the Brenneman Farm Shopping Center.Traffic will flow through the site through the Car Wash Facility and around to the eastern side of the building. Customers will have the option of exiting the site through a shared entrance with the adjacent AutoZone building onto South Plaza Trail or by exiting through the private drive in the shopping center.The applicant will install directional signage throughout the site to direct customers into,through, and out of the site. • The proposed building will be 15-feet nine-inches tall,with an exterior of red brick to match the existing commercial development of the Brenneman Farm Shopping Center. The applicant will use brick by General Shale Brick Ledge in Phoenix, the same brand and color blend as used for the adjacent commercial buildings in the shopping center. A horizontal band of blue EIFS tiles will run across all four elevations of the building dividing the sign band area from the lower two-thirds of the exterior walls. Red panels will be located in the transoms of the aluminum glass storefront system. Overhead doors will be used in the automatic car wash area and will be open during business hours.The front elevation of the building is distinguished by a tower feature with brick-faced columns, buff EIFS tile, and a red standing seam metal roof.The color of the roof and transom panels will match the red used on metal roof of an adjacent outparcel building. • The submitted layout depicts 10 parking spaces:three spaces as required for a Car Wash Facility with a single bay as required by Section 228.1 of the Zoning Ordinance and an additional seven spaces for employees of the facility. • Landscape planting requirements appear to be met as shown on the layout plan that include building foundation plantings, screening for the dumpster enclosure, and a total of six trees. Two trees are required for the interior parking lot.The remainder of the trees were added by the applicant to meet the intent of the previously proffered concept plan for the shopping center. Utility easements have limited the addition of more trees along South Plaza Trail;the applicant's proposed additional trees will help to soften the development as initially intended. • Typical operating hours are proposed as between 7:00 a.m. and 7:00 p.m., daily. Autobell Car Wash, LLC Agenda Item 10 Page 2 Zoning History # Request 1 MDC(Private High School)5/28/2013 LUP(Amendment)Approved 6/10/1998 CUP(Private High School)Approved 4/8/1992 REZ(PD-H1 to R-10)Approved 4/8/1992 LUP Approved 3/10/1975 2 CUP(Automobile Service Station)Approved 8/19/2020 LUP(Amendment)Approved 10/9/2007 CRZ(PD-H1 to Conditional B-2)Approved 9/9/2003 LUP Approved 2/10/1998 LUP(Amendment)Approved 6/10/1998 LUP Approved 3/10/1975 ,/ < 3 CRZ(PD-H1 to Conditional A-12,Conditional P-1 and PD- H2)Approved 9/9/2003 �fQ� REZ R-7.5 to Conditional A-12)Approved 02/23/1999 LUP(Amendment)Approved 6/10/1998 LUP Approved 3/10/1975 "i,k, �[M 4 MDP Approved 11/18/2014 MDP&CUP(Automobile Service Station &Car Wash p 7 Facility)Approved 3/27/2012 Q��+4�% MDP&CUP(Automobile Service Station&Car Wash 1' `''`/% Facility)Approved 2/9/2010 i`/ ,� C/� CUP(Automobile Service Station&Car Wash Facility) �', 2/23/1999 era CRZ(R-7.5 to Conditional B-2) 2/23/1999 f I �� R7 5 LUP(Amendment)Approved 10/9/2007 e '�� R7.5 ',/ ,� ,� CRZ(PD H1 to Conditional B 2)Approved 9/9/2003 LUP(Amendment)Approved 6/10/1998 LUP Approved 3/10/1975 6 LUP(Amendment)Approved 6/10/1998 LUP Approved 3/10/1975 7 LUP(Amendment)Approved 10/9/2007 CRZ(PD-H1 to Conditional B-2)Approved 9/9/2003 LUP(Amendment)Approved 6/10/1998 LUP Approved 3/10/1975 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—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,this request for a Conditional Use Permit for a Car Wash Facility is acceptable. The development will provide a beneficial and complementary service to residents, especially those who live near the Brenneman Farm Shopping Center. The Car Wash Facility will complement other auto-oriented services clustered in and adjacent to the Brenneman Farm Shopping Center, including a recently completed Autozone retail store in the shopping center, an Automobile Service Station currently under construction in the shopping center, and an Automobile Service Station and Car Wash Facility on the southeast corner of South Plaza Trail and Princess Anne Road. This addition to the existing mix of services supports the creation and maintenance of Great Neighborhoods, a major goal set forth in the recommendations for the Suburban Area in the Comprehensive Plan, by adding to complementary non-residential uses in the shopping center. Autobell Car Wash, LLC Agenda Item 10 Page 3 In addition to supporting Great Neighborhoods,the proposed design of the new building and the site layout will have the same quality of design as the rest of the Brenneman Farm Shopping Center.The new building will use the same brick and mortar as other buildings in the shopping center, reinforcing a visual cohesion among the different buildings and outparcels, and the proposed building foundation plantings, dumpster enclosure plantings, and interior lot trees will conform to established landscaping design in the center. The additional trees throughout the site will help to soften the development and aid with the aesthetics of the site.The proposed red and blue colored elements on the building will be in a tonal range that corresponds with other outparcel buildings. The color cohesion will help to unify the different buildings while supporting some differentiation. Finally,the proposed roof element on the tower is similar to other tower elements with hipped roofs throughout the shopping center; such elements on the primary parcel in the shopping center have green roofs, while a commercial building adjacent to the intersection of Princess Anne Road and South Plaza Trail has a red roof. This continues the pattern of similar roof shapes and differentiation of color between the primary parcel and out parcels. Traffic analysis completed by Staff estimates that this development would generate 780 average daily trips. This size site, approximately 1.85 acres, that is zoned B-2 Community Business is estimated to generate up to 1,020 average daily trips. While this development will increase traffic to this shopping center, South Plaza Trail is currently operating below its available capacity for traffic volume. It is Staff's opinion that this project will have no adverse effect on traffic in the area. For these reasons, Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the exhibits entitled, "Preliminary Layout," prepared by Kimley Horn, dated 01/28/2022 and "Conceptual Landscape Plan," prepared by Kimley Horn, dated 01/28/2022 which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department,with the exception of modifications required by the Department of Public Works and any other City departments in order to comply with City regulations and policies. 2. When the building is constructed, it shall be in substantial conformance with the exhibit entitled "Color Elevations— Scheme B," prepared by MRA City Studio and dated 04/21/2022 and which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The outparcel shall be allowed one freestanding sign which shall meet the provisions of the City of Virginia Beach Zoning Ordinance.Any deviations to the design or appearance of the sign shall be submitted to the Planning Department for approval prior to the issuance of a sign permit.There shall be no electronic display components (LED and similar) or neon installed on the sign or on the building. 4. The signage showed in the exhibit "Elevations—Color" and dated 02/14/2022 are subject to review by the Zoning Division during the sign permit process and shall not be permitted as shown unless it meets the provisions of the City of Virginia Beach Zoning Ordinance. No additional signage shall be permitted on the building. 5. No window or outdoor advertising banners, pennants,streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 6. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 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 Autobell Car Wash, LLC Agenda Item 10 Page 4 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 This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses that provide residents with necessary and desirable goods and services. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. No historic or cultural resources will be affected by this project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic South Plaza Trail 16,740 ADT1 32,700 ADT 1(LOS 4"D") Existing Land Use 2 31,020 ADT Proposed Land Use —780 ADT 1 Average Daily Trips z as defined by a 1.85 acre 3 as defined by a Car Wash Facility 4 LOS=Level of Service property zoned B-2 Community with one tunnel Business Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The Master Transportation Plan proposed a four-lane facility within a 100-foot right-of-way for South Plaza Trail. Currently, South Plaza Trail near the subject lot is considered to be a four-lane divided minor suburban arterial. No roadway Capital Improvement Program projects are presently slated for this area. Public Utility Impacts Water The site must be connected to City water. There is an existing 12-inch City water main along South Plaza Trail. Sewer The site must connect to City gravity sanitary sewer. There is an existing 16-inch City sanitary sewer force main along South Plaza Trail. Autobell Car Wash, LLC Agenda Item 10 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 24, 2022 and May 1, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 25, 2022. • 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 May 5, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 5, 2022 and June 12, 2022. • 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 June 6, 2022 • 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 June 17, 2022. Autobell Car Wash, LLC Agenda Item 10 Page 6 Proposed Site Layout ..v , .. . ..., , \ / , ... _. • 1 I * '2 f------_ -- ,., za- __--- A • .zc- ' Li i5i . • 1 \\\ \ ' _3 ' 10 El •- -tv ' .80 c ct . 11 I— ce t -J cl. te 1 t 1 f"I il CI I— I t 1.1.J n 4 il cn 0 -- 5.‘ _,,„_ 1 p _ F.,,p...___,..,r1_,;,..,, ,..17 1 •Ilt ti; '-'111 n ifi 0 , ...--• - tp >- '-' 13 It' ::. ,.. iVi 1 I _1,... --r-e,. 'D I: _.,.-701.4..c,•, . . ' ,.. 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Front Exit Tunnel Elevation Scale:1/8"= 1' 100-0 AMER ICAN 4 ,.3'2,,- •, — — CO '--�I -- 0 15-87, FLAG _ .-=1 _ '' 0 0 0 D.411.14 l.Ei1y lil t�f-e 4t J FLAG POLE - SHALE BR LEDGE COLOR Right Side Ear"tbI GENERALMORTAR WHITEN RERSTONE C-4 PHOENIX Spa:3/3r-1' Autobell Car Wash, LLC Agenda Item 10 Page 10 Proposed Sign Package 341 0" — — — — — — — .— — — — — 22'-8". ,.. , 151-9"4 `^—.�::, T ,.-�.�.�! -_._ ...<......._ 1 1 i411"allaa -1�!ll�l. tl,l�l�l�!! r-�llili✓- H iilr!l11��1�1N!!E'. _ �il N!!0i!!!!i _.a NM _� _�' EXIT :� NAM M. IMM11•11 / SECTIONAL DOOR = AZ Rear Entrance Tunnel Elevation Scale:1/8" = 11 100.-c, - 2-r z1'4' 615'-9" o _ _ W---AMER/CAN FLAG l I _ -- I — FLAG POLE Lett Side Elevation Scale:3/32'=1' Autobell Car Wash, LLC Agenda Item 10 Page 11 Proposed Sign Package x 120'ovoid*i 1 I Dandled field survey wit be required to I *11TY0 I determine exact err sue of•ace and V 0 Poor to productior, ! I AUTOBELL 1 L 1 t I 1i.caizwashJ 0,gTend Vlag4 For Exist,,•a Tieaat Faces Scale:3/e'=1 i' (Qty.2) .'r` '' _�1�►1 �''' • v Cut vinyl tenant graphics for Existing tenant t � `• °ID' . ..�` •• ••,k- �" ^ l ' panels.Graphics to be lied 1st surface to ;ll Pa Graf applied � tenant panels in the field _ Color Notes •••_•—_•-_•• r,`r r,c Whle Acrylic/Polycarb-Mara faces W r 1PI / O O ' it >'-j • _BWdc(myl) Bell shadow • y ,N "//�U� Z / ^` r _363D-43 Lt Tomato Red(vinyl)-reverse , ; �= ��/J ✓ Yi=r Yr r� weeded'AUTOBELL'&'Car Wash' i 1363D•25 Sunflower(vinyl)•Bell ',;.y= . AUTOBELL Z -'_ .r- w t `glCaR Wash - 3 ilk :7- .:—� -- __--��_�Located.con Side ;71 rili AB Tenant Vinyl on Exiting Tenon panel Side A(shown here) Scale: '/,'=1.-g' CAR WASH C) CAR WASH CAR WASH ENTER EXIT EXIT Side a OM 1 Skis A Ode a B3 CAR WASH ' EXIT I I--1G--I 12 I City.1 Side A MO II CAR WASH • _ _ENTER B4 CAR WASH CAR WASH MINA EXIT* 4 EXIT CD' city' aide A ode e Qty.1 CAR WASH RIDE THRU B5 ENTER EXIT Qty.2 SW awe e (5)D/F Non-lighted Directional 3^x3' End View B6 CAR WASH ©Seale:(1)S/F Non-lighted Directional allrnlnten sq tube C Se:1."=1•4' ' f Concrete tooting EXIT 111•x 31T=2.29 Sq.Ft.1 Qty.1 sib A Side e Sign Notes Color Hates Sign fabricated from 3'x 5'&1'x 2'rectangular 1 I White(gloss)-copy&graphics tubing.Aluminum framing for pole cover skinned with .D63^aluminum.Directional painted red with reveals ®PMS 1795 C Red(gloss)-faces&pole cover painted yellow All graphics are painted vitae. I 1 PMS 124 C Yellow(gloss)-reveals Directionals are mounted into a concrete foundation. Autobell Car Wash, LLC Agenda Item 10 Page 12 13 0 13 0 vl (D a- r CU Z OM v) n a) LEASED LOT AREA -0 OF OUTPARCEL C a) PROPOSED -. ^,,,,n,,,--- = -- ,r --:-_-r^.- - ,r) DUMPSTER :` cr SCREENING '"3,' 3 I _- v P I OCT T T i XISTING TREES TO REMAIN `� ��. �y 1 !/ '..y�� r ; PROPOSED PARKING LOT TREES �, r . / , _�, OVtPARGE'- Of �� ( � 122t ACRES �4\ '*•11 OVTPARCEL i ,, '' V (, 11 • � � 4St C` uraur �/ �! ! I ,' !�' / , g �'� ti )I PROPOSED FOUNDATION LANDSCAPIN 1 r ...,..ts: , . • . / ,, , ,,,-...._-,,, . . r\ ... .. .. .. . , , .#1.1. \ 0°4) . ., LL.......,,, ,,,, _,,,_.- ........4 --, ....._....._, -- \ , .. , . , ,r.,----,,k \ .... .' ----- '..'--1......___ - -— — --.--. ,.,;„ — ,...., ....77----er'.;:rn--- :7:7 ---.1' EXISTING MONUMENT ' SIGN FOR OUTPARCEL C 'ROPOSF-)EVERGREEN STREET FRONTAGE SHRUBS ""°;„.,a EXISTING TREES TO REMAIN c3R k', NOTE: 22 PARKING SPACES AT 5 PET 1.0OC SF OP ENCLOSED EJILDIEG AREA BL LD NG NCI 10_XCLL0 4.40C S' ,... 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'...,'"„- .: - ‘ %--- . --,..- Leut Pt c.”?, --• \ , Autobell Car Wash, LLC Agenda Item 10 Page 14 Site Photos -..;..._ ,04----N - ---- - Ill _ ' . -,,,• .,;."*.-'.••• -5' .l• •,' :LZ.L.glitavane __i,-`i,--T-1,"• 40,,jilrer-,4-,--:'tt , . .pry- ,, a t 1+1;Tii.,:',..'1,‘,„i.:,..i.,,,, _ ti IP riii...._,-;- ..-.,:,4 _,. -___ t..;:;,...:„.__,-,w.:,. .1.,.... _ i , .. ... , .•...,_ 1 1; ,yam e', — _-. .a. y - __ }"�i9,v r Autobell Car Wash, LLC Agenda Item 10 Page 15 Site Photos s a01:1. r'r ,:'`51,fir" ,,•, <' Gym. s { a✓ram'= "',rC:3-vy `P' ` _ y yy=��,..3,r''...e.g,'_ L� Nx..c1),N i •,, ., yr' �� y3+�k.,. i►rr tc� .tom t;i'`' - r Z ci _lc 1, aF,,,ij :"1+l"*� "a''i�a v,. � -''e l l f er. 1�� _, .14%., IN ylp . i ii. „k. ',' i'L, _.--,-—J,: s7.:_.t - . F\--.... r �� )T q Y f l-J i .0, i ji y 1C T c.!, . 7 Autobell Car Wash, LLC Agenda Item 10 Page 16 Disclosure Statement Disclosure Statement City of Virginia Bend, 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 Autobell Car Wash,LLC Does the applicant have a representative? ■Yes ❑No • if yes,list the name of the representative. Kimley-Horn&Associates (Danielle Danzing) 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) Charles A.Howard II-CEO Charles A.Howard Ill-President,Secretary,and COO William S.Shropshire Jr.-SVP,CFO,Assistant Secretary/Treasurer Willilam M.Rast III-VP • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant (Attach a list if necessary) Autobell Arrowhead,Inc.(No operations in the Commonwealth of VA) "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 a"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 Wage Autobell Car Wash, LLC Agenda Item 10 Page 17 Disclosure Statement Disclosure Statement \/13 City or .aid: 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 TBD Cherry Bekaert 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes U 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?it Yes ❑No • If yes,identify the firm and individual providing the service. TBD Cherry Bekaert-Greg Keller 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. Kimley-Horn-Tim Carter 5. Is there any other pending or proposed purchaser of the subject property?❑Yes i No • If yes,identify the purchaser and purchaser's service providers. Revised 11 09 2020 2 I P,+ Autobell Car Wash, LLC Agenda Item 10 Page 18 Disclosure Statement Disclosure Statement VB city of Virginia e 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?10 Yes ❑No • If yes,identify the firm and individual providing the service. Kimley-Horn-Tim Carter 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 D"4o • 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. 4( Applicant Signature ``Gr ; / Print Name and Title /- 0 - da — — Date Is the applicant also the owner of the subject property? ❑Yes C'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 6/1/2022 Signature PrntName Eliza h Nowak 3 ) Autobell Car Wash, LLC Agenda Item 10 Page 19 Disclosure Statement Disclosure Statement Planning&Community Development Owner Disclosure Brenneman Farm Retail Owner Name Associates 4J1./Lawrence Fleder & James Caplan Mangers 1_ ApplicantName Autobell Car Wash, 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) Caplan Family Trust 1976 - J. Lawrence Hecht Tr. & Michele Hecht Cleland Tr. Hecht Family 1976 Trust Partnership - James M. Caplan. Stephen j. Caplan, Norman P. Hecht, Mgrs Fleder Family Trust 1976 - Allan G. Donn Tr. & Lawrence E Fierier • Ifyes,list the businesses that have a parent-subsidiary3Agent for Trustee s under P O A 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 Bea5h have an Interest in the subject land or any proposed development contingent on the subject public action?0 Yes No • If yes,what is the name of the official or employee a id 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 vot'ng power of another corporat o"' See State and Local Government Cogf ct of Interests Act,VA Code§2.2-3101. "Affiliated business entity relationship'means"a relationship,other than parent-subsidiary relationship,that exists when(.)one business entity has a controlling ownership interest in the other business entity,(il)a controlling owner in one entity is also a controlling owner In the other entity,or(ili)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 re at'onship between the entities." See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. SI Autobell Car Wash, LLC Agenda Item 10 Page 20 Disclosure Statement Disclosure Statement VB cr„,1► Planning&Community Development owner Services Disclosure 1 Does the Owner have any existing financing(mortgage,deeds of trust,cross•collateralizatlon,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 XNo • 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 indVidual providing the service 3. Does the Owner have services for accounting and/or preparation of tax returnset provided in connection with the subject of the application or any business operating or to be operated on the property?,ltl Yes 0 No • If yes,identify the firm and individual providing the service. , ,�_ileL^II2Z«4.., /7 SQ-/r 1- i,,,-_ , a i_ , r i4ec1- i, 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 V No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?E Yes X No • If yes,identify the pu rchase'2 nd 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 ,QI 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?XI Yes 2 No • If yes,,identify the firm and in ividuai proved the service i..e/ --_. i___a_v_2/ .Se ir ce—+e_ ____.. ___ e__r_L 07_ (..___:, Revised 11 09 2020 6 I P c,f c Autobell Car Wash, LLC Agenda Item 10 Page 21 Disclosure Statement Disclosure Statement V13 City of tsrybriu Mica Planning&Community -- Development 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?,"Yes ❑No • If yes,identify the firm and individual providing legal the service. VV :J1 ,i a, _• /41He11 __. a.-f ? I �L A7/ .gY 1'11— 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. OvZignatutre I a ceire4te e _ Print Name and Title 1 2 �� d Date Revised11.09.2020 7IPage Autobell Car Wash, LLC Agenda Item 10 Page 22 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. Autobell Car Wash, LLC Agenda Item 10 Page 23 Virginia Beach Planning Commission May 11, 2022, Public Meeting Agenda Item # 10 Autobell Car Wash, LLC [Applicant] Brenneman Farm Retail Associates, LLC [Property Owner] Conditional Use Permit (Car Wash Facility) Address: 4577 South Plaza Trail RECOMMENDED FOR APPROVAL - CONSENT Commissioner Alcaraz: Thank you. The next item is agenda item number 10. Autobell Car Wash, LLC for car wash facility at 4577 South Plaza Trail, is your representative here today. Hi. Danielle Danzing: Hi, good afternoon Commissioners. My name is Danielle Danzing with Kimley Horn. I'm here representing Autobell Car Wash today. Business address 4525 Main Street, Virginia Beach, Virginia. We have reviewed the conditions with the applicant and are acceptable with all conditions. Commissioner Alcaraz: Thanks, let's see. Is there any opposition to this item being placed on the consent agenda? Commissioner Alcaraz: Hearing none. I've asked Commissioner Wiener to read this into the record. Commissioner Weiner: Thank you, Mr. Alcaraz. This is an application for a Conditional Use Permit for car wash. The applicants are requesting a Conditional Use Permit to develop an Autobell Car Wash facility on an out parcel shopping center. The site frontage of South Plaza Trail, and like the rest of the shopping center is zoned B2 Community Business. There is an existing commercial retail building located on the subject out parcel and AutoZone store. The applicant plans are to redevelop a new car wash facility on the same lot as existing building. They have no plans to subdivide the out parcel that's part of this project. That is on the consent agenda. We recommend approval and put on consent agenda. Madam Clerk: Mr. Alcaraz. I'm sorry, we now have a speaker in relation to application number four, so it needs to come off consent. Commissioner Alcaraz: Thank you. All right, Mr. Chair, that leaves the following on consent agenda, consent agenda number eight, number nine, number 10, number 13, number 14, number 15, and number 17 are all on consent agenda. Chairman Wall: Okay, thank you. Do I have a motion to approve by consent agenda items eight, nine, 10, 13, 14, 15, and 17. Commissioner Alcaraz: I'll make a motion to, Chairman Wall: Okay. Oh, we have a motion by Mr. Alcaraz. Do we have a second by Mr.- Commissioner Weiner: Second Chairman Wall: By Mr. Weiner. Commissioner Redmond: Mr. Chairman? Chairman Wall: Yes. Commissioner Redmond: Mr. Chairman. I want to be clear that while I am supporting the items on the consent agenda, am specifically abstaining with regard to items number 15 and 17 as they are short term rental applications. I have a letter on file with city attorney's office. I have a client in the travel industry and I do not vote on short term rental applications or any of the ordinances that apply there, too. Thank you. Chairman Wall: Okay, thank you. Madam Clerk: Thank you, Mr. Chairman, the vote is open. Madam Clerk: By recorded vote of 10 in favor, zero against agenda items, 8, 9, 10, 13, and 14 have been recommended for approval by consent. Agenda items, 15 and 17 by a vote of nine in favor, zero against, with one abstention by Commissioner Redmond, have been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the exhibits entitled, "Preliminary Layout," prepared by Kimley Horn, dated 01/28/2022 and "Conceptual Landscape Plan," prepared by Kimley Horn, dated 01/28/2022 which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department, with the exception of modifications required by the Department of Public Works and any other City departments in order to comply with City regulations and policies. 2. When the building is constructed, it shall be in substantial conformance with the exhibit entitled "Color Elevations — Scheme B," prepared by MRA City Studio and dated 04/21/2022 and which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The outparcel shall be allowed one freestanding sign which shall meet the provisions of the City of Virginia Beach Zoning Ordinance. Any deviations to the design or appearance of the sign shall be submitted to the Planning Department for approval prior to the issuance of a sign permit. There shall be no electronic display components (LED and similar) or neon installed on the sign or on the building. 4. The signage showed in the exhibit "Elevations — Color" and dated 02/14/2022 are subject to review by the Zoning Division during the sign permit process and shall not be permitted as shown unless it meets the provisions of the City of Virginia Beach Zoning Ordinance. No additional signage shall be permitted on the building. 5. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 6. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 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. iii! wir.....,. ill, 111 04to 1 \ 1 c__,I4T, 2 t) \ ci!o 0 \ \ \ _11.1. ,L_ \ \ \ --J s4.7. co ED s 70 xr c4: OCC—IEj--- CO \ N ;'� , `00i co CO GO \ � O Sohtag ,� Q Q I \c%A\ N 0 c 0 ,c0 It, _, 0 CI #. o \ J , \ ) \ \ cx \ diM ' 'gin , a 110 ill . \ 4 = 03. w N . . 0 i — , — 7 coIL . , N = C �' 03 N O 1CO c4 ' CO EV \%\ g As i, (-3\ CI \‘ \ \ c ir_. co 2 2 ;and° •_ ad a) in . \ \ z T.\V------\ \ 0 \ \1• IL t\4i \ , ad-:: t: \ \.\ 'C \ ---- 1.e..21) 0 C; �tit CO \ ---,- --- •ik--_-_- - p�pr o 0 OVS pi 0 iim•-----.11...........111....----- Ci7i \\._i 0_ ?' cr) t m c N co u � � o IL 0 C & (n N m Ott N m a 0 I •, ems,, \ 4.....; ........., „„ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: SUITE MANAGEMENT FRANCHISING, LLC [Applicant] HILLTOP SQUARE INVESTORS, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 550 First Colonial Road, Suite 23C (GPIN 2407879912). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: June 21, 2022 • Background: The applicant is requesting a Conditional Use Permit in order to operate a Tattoo Parlor specifically for microblading, the application of permanent make-up, within an existing 6,120 square foot salon. The unit is located within the Hilltop Square Shopping Center along Donna Drive, near First Colonial Road, on property zoned B-2 Community Business District. If approved as proposed, microblading professionals will be able to operate throughout the 6,000 square foot salon that includes 36 separate suites, rented and operated by licensed professionals. The typical hours of operation will mimic those of the existing operation of 9:00 a.m. to 7:00 p.m., Monday through Sunday. No exterior changes are proposed to the building, as well as no new signage. • Considerations: The use is deemed acceptable given its compatibility with the other existing commercial businesses in the area. The unit is within a large commercial shopping center in the heart of the Hilltop Strategic Growth Area. The Tattoo Parlor will be for the application of permanent makeup, rather than traditional tattooing and will be virtually undetectable from the exterior of the building as no improvements to the exterior or signage are proposed. 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 May 11, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23-51 of the City Code. Suite Management Franchising, LLC Page 2 of 2 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make- up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. • 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 6e7 City Manager: Applicant Suite Management Franchising, LLC Property Owner Hilltop Square Investors, LLC Agenda Item qii Planning Commission Public Hearing May 11 2022 Cit :? City Council District District 6,formerly Beach, 14 Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation \ ^e Approval dwr eattey�afbdnDr�e / 1 ,.1....\,_ 1 La„,t�.ane `_. Ga oty'D Staff Planner z o Michaels D. McKinney A t t. yi Veau Court Q Location ��' r- _ \ 1l ReynardDrive 550 First Colonial Road, Suite 23C GPIN 1 _agave ,....socl 2407879912 ' 11 W Site Size \--1-1 1 4.03 acres =ill 1 e AICUZ Wiscons in Ave roe £ E e Greater than 75 dB DNL j) a m 1 a Watershed carde„on'e -- 3 e 1 Chesapeake Bay 1 Ohio Avenue Existing Land Use and Zoning District a , y Yx �..} S Shopping Center/B-2 Community Business -.''-''*• kRo : SurroundingLand Uses and ZoningDistricts ' = . i ;. ': - - -�y -R t , x: North T� ' '" '' _ 4 \'� '�� 4-1.,,, �: Donna Drive r.- i 1. ,. , 4 5 ` 1. Shopping Center/6-2 Community Business ;�;;�`"�` °t � _�� . . � ,, _ ��, a -,,, South \ �:.. v r _', "fi - r , ,� Shopping Center/ B-2 Community Business -- ti> f T , East , 1F s Retail/ B-2 Community Business o y Y West . }' \ . c.- - - Retail/B-2 Community Business .- 1 4 Suite Management Franchising, LLC Agenda Item 14 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit in order to operate a Tattoo Parlor specifically for microblading, which is the application of permanent make-up, within an existing 6,120 square foot salon. The unit is located within the Hilltop Square Shopping Center along First Colonial Road and Donna Drive on property zoned B-2 Community Business District. • Microblading will take place in 36 separate suites within the salon. Each suite will be rented out by a cosmetic professional. • The typical hours of operation will mimic those of the existing operation of 9:00 a.m. to 7:00 p.m., Monday through Sunday. • No exterior changes are proposed to the building, as well as no new signage. • As indicated on the zoning history map below, a Tattoo Parlor was approved by City Council on September 23, 2008 and is across Donna Drive, approximately 617 feet to the north. ee_ ,,et 4\,.ft ,,\ \c .... v Y�� Ca Ajlt o It C:\1/1* ---__ _ _ ,- Q 0° \\ .__ `,`%� p� Zoning History fix'"'_/ �% i �� a�, ,e # Request ��/ �' " 1 CUP Tattoo Studio Approved*. ( ) 09/23/2008 /, � MODC Approved 04/28/2009 C3 Br//f' 2 CUP(Bulk Storage Yard)08/22/2018 a \ i o 111,01 Viii\t c � AI$ Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—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 The request for a Conditional Use Permit for a Tattoo Parlor, in Staff's opinion, is acceptable given that the use will be compatible with the other existing commercial businesses in the area. The unit is within a large commercial shopping center in the heart of the Hilltop SGA. The Tattoo Parlor will be for the application of permanent makeup, rather than traditional tattooing and will be virtually undetectable from the exterior of the building as no improvements to the exterior or signage are proposed. The property is located within the greater than 75 dB noise zone of the Air Installations Compatible Use Zones (AICUZ). Many uses within this AICUZ are restricted, as identified in Article 18 of the Zoning Ordinance; however, personal services, such as the proposed Tattoo Parlor, is identified as a compatible use. Suite Management Franchising, LLC Agenda Item 14 Page 2 Prior to operation on the site,the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. Chapter 23 mentions the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 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 identifies this site as being located within the Hilltop Strategic Growth Area (SGA). The general planning principles for the Strategic Growth Area focus on providing a mix of retail,restaurants and office uses;and reduce land areas devoted to parking and replace with more productive uses. 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 the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known natural or cultural resources on this site. Suite Management Franchising, LLC Agenda Item 14 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic First Colonial Road 33,000 ADT1 34,800 ADT 1(LOS 3"D") Laskin Road 30,800 ADT1 36,900 ADT 1(LOS 3"D") No Change Anticipated2 1 Average Daily Trips 2 average daily trips are not 3 LOS=Level of Service expected to change Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin Road in the vicinity of this application is considered a four-lane divided major urban arterial. In addition to the existing four-lane section of road,there are two, two-lane local access roads parallel to the mainline portion of roadway: one the south side of Laskin Road and one on the north side of Laskin Road. The existing infrastructure currently resides in a 160-foot right-of-way. There is a roadway CIP project under construction on Laskin Road in the vicinity of this application. Laskin Road—Phase I (CIP 2-156) is for the construction of an eight-lane divided highway in a 160-foot right-of-way from Republic Road to Winwood Drive and a six-lane divided highway in a 150-foot right-of-way from Winwood Drive to Oriole Drive with multi-use path and sidewalk. These limits include the intersections at First Colonial Road and First Colonial Road from I- 264 to Laurel Lane. Construction of this project began in 2019 and is scheduled to be completed in 2023. First Colonial Road in the vicinity of this application is considered a four-lane divided major urban arterial. The existing infrastructure currently resides in a 90-foot right-of-way. The MTP proposes a six-lane facility within a 165-foot right-of- way. There currently is no CIP project slated for this segment of First Colonial Road, although it is being improved with the Laskin Road Phase I project currently under construction. Public Utility Impacts Water & Sewer This site is connected to both City water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on April 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 24, 2022 and May 1, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 25, 2022. • 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 May 5, 2022. Suite Management Franchising, LLC Agenda Item 14 Page 4 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 5,2022 and June 12,2022. • 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 June 6, 2022 • 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 June 17,2022. Suite Management Franchising, LLC Agenda Item 14 Page 5 Site Layout _- Cod , 4 f f. ii rt E1,. • _ —' f- 1 � �a:o __ lir . '. `r.__ r f t h ___-- , ,, • t--, _ - - 0 ,„-.4.r. r 1 • , ..;, , , . ., „.., ,„, :_ ,:_ , . ,,,,, ., ,‘,.. . : .,"4 '-. -•ter- f. ll. - - i, ,.., i { ui . ,..i. �Y 1 ,, �. . - .rt �n• ��3 . --v. .-,„ .. ,. 'I* - ' .'' ..:- __. = ip„.,. ` a - 00 �a - *" `T • - -all* t , '' AP' ��. �► ,{ } .. 4 I . \ ■• � ,,,.tag. ;.R _Q- 4.4 ,It. li 1. - sa. , a. per , i--1,0'...... ' iljriP::(1 ••• r_ Suite Management Franchising, LLC Agenda Item 14 Page 6 Site Photos z� Y i ts# iy— ;;. Y Y1111 IF Ir. OEM t % Suite Management Franchising, LLC Agenda Item 14 Page 7 Disclosure Statement Disclosure Statement City of Virginia Bead, 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 Suite Management Franchising,LLC Does the applicant have a representative? II Yes 0 No • If yes,list the name of the representative. Angela Silvis 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) Ken McAllister,President;Debora Keller,VP;Rob Herbet,CEO;Bree Parente,System Support Manager SMF;Jeff Spatz,Property Owner;Sam Kay,Pratt Street Financial,David Reishcer,Manager of Property. • 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. Revised 11.09.262u 1 Suite Management Franchising, LLC Agenda Item 14 Page 8 Disclosure Statement Disclosure Statement City of Virginia Beads 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. Green Light Realty-Todd Shugaman 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?I Yes ❑ No • If yes,identify the firm and individual providing the service. Propelled Brands-David Williams 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?E Yes I• 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. Revised 11.09.2020 2 Suite Management Franchising, LLC Agenda Item 14 Page 9 Disclosure Statement Disclosure Statement Ihri3 C ity of Virginia Beath Planning&Community riat 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 I 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 I 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?❑Yes ® 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,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. c---DocuSigned — �-arar sarwc2esru Applicant Signature Angela Silvis-Area Manager,Suite Management Frarnchising,LLC Print Name and Title 4/5/2022 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 No changes as of Date 06/01/2022 Signature !a�LG • ' Print Name Michaela D. McKinney Revised 11.09.2020 3 I Suite Management Franchising, LLC Agenda Item 14 Page 10 Disclosure Statement Disclosure Statement NA3 City of Virginia Beach Planning&Community Development Owner Disclosure Owner Name Hilltop Square Investors LLC Applicant Name Suite Management Franchising,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) Investors:C.N.David Reischer,ROHCS Storage Centers LLC,Allan&Deborah Gibber,Richard Martorella,Yitzchol Halpert Yehuda Neuberger Trust,Hillel Jacobson,Glenn Ercole,Jay&Deborah Taffel,PRID c/o Nehemia Feldman,Sidney Gurman,Mark Ely,Abi Mendel,Michael Mendel,Libby Lehmann 2020 IRRV TR,J&K Parcels,Trisib Capital Partners,LLC • 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? "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. Revised 11.09.2u2U 5 Suite Management Franchising, LLC Agenda Item 14 Page 11 Disclosure Statement Disclosure Statement City of Virginia Bauch 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 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 ® 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 M 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?❑Yes ® No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Suite Management Franchising, LLC Agenda Item 14 Page 12 Disclosure Statement 'Y. `�_ Disclosure Statement Planning&Community Development 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?❑Yes PI No If yes,identify the firm and individual providing legal the service. 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,1 am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBQA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner.C.N.David Reischer,Manager Print Name and Tide 2/18/2022 Date Revised 11.09.2020 7 I P a g Suite Management Franchising, LLC Agenda Item 14 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. Suite Management Franchising, LLC Agenda Item 14 Page 14 Virginia Beach Planning Commission May 11, 2022, Public Meeting Agenda Item # 14 Suite Management Franchising, LLC [Applicant] Hilltop Square Investors, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) Address: 550 First Colonial Road, Suite 23C RECOMMENDED FOR APPROVAL - CONSENT Commissioner Alcaraz: Thank you. The next item on consent is item number 14 for Suite Management facilities, I mean Suite Management Franchising LLC for a tattoo parlor at 551 First Colonial Road, Suite 23 C. Is there a representative here today? State your name. Please. Angela Silvas: Hi, my name is Angela Silvas and I'm here requesting a permit to have individuals come in to have businesses, and they are going to be able to apply permanent makeup known as microblading within the building. And this is going to umbrella over individuals that have their own businesses. Commissioner Alcaraz: Are the conditions acceptable to you? Angela Silvas: I'm sorry. Commissioner Alcaraz: Are the conditions acceptable to you on this. Angela Silvas: Yes. Commissioner Alcaraz: Thank you. You may be seated. Jeff Spatz: Jeff Spattz here on behalf of the landlord to assist and approve and support in their motion. Commissioner Alcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none I've asked Commissioner Klein to speak on this. Commissioner Klein: The applicant is requesting a Conditional Use Permit in order to operate a tattoo parlor specifically for microblading, which is the application of permanent makeup, within an existing 6,120 square foot salon. The unit is located within the Hilltop Square Shopping Center along First Colonial Road and Donna Drive on property zone B2 Community Business District. Microblading will take place in 36 separate suites within the salon, each rented out by a cosmetic professional. Staff supports the application and the Commission recommends approval. Commissioner Alcaraz: Thank you. The next item for consent is item number 15, and that is for Megan Calhoun, a short term rental at 4005 Atlantic Avenue, Unit 108, please come forward, State your name please. Megan Calhoun: Megan Calhoun. Commissioner Alcaraz: Do you accept the conditions? Megan Calhoun: Yes. Commissioner Alcaraz: Thank you may be seated. Is there any opposition to items 15 being on the consent agenda? Hearing none, Mr. Weiner, if you could speak on this. Weiner: Yes. Thank you. Mr. Alcaraz, this is a Conditional Use Permit for a short term rental at 4005 Atlantic Avenue, Unit 108 that's in the OR district, and we have put it on a consent agenda. Commissioner Alcaraz: Thank you. And the last item that we have on the consent agenda is item number 17. Item number 17 for Georgi Stoyanov at a short term rental at 4005 Atlantic Avenue, Unit 115, please come forward. Madam Clerk: Mr. Alcaraz. Mr. Stoyanov is virtual, he's on WebEx. So calling Georgie Stoyanov, if you would please pause for two to three seconds while we unmute your audio feed, and then state your name and whether the conditions applied to your application are acceptable. Georgie: Georgie Stoyanov. Acceptable. Commissioner Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I asked Mr. Weiner again to speak on this item. Commissioner Weiner: Thank you, Mr. Alcaraz. This is a Conditional Use Permit for a short term rental at 4005 Atlantic Avenue, Unit 115. It is in the OR district and we have put it on a consent agenda. Commissioner Alcaraz: Thank you. Madam Clerk: Mr. Alcaraz. I'm sorry, we now have a speaker in relation to application number four, so it needs to come off consent. Commissioner Alcaraz: Thank you. All right, Mr. Chair, that leaves the following on consent agenda, consent agenda number eight, number nine, number 10, number 13, number 14, number 15, and number 17 are all on consent agenda. Chairman Wall: Okay, thank you. Do I have a motion to approve by consent agenda items eight, nine, 10, 13, 14, 15, and 17. Commissioner Alcaraz: I'll make a motion to, Chairman Wall: Okay. Oh, we have a motion by Mr. Alcaraz. Do we have a second by Mr.- Commissioner Weiner: Second Chairman Wall: By Mr. Weiner. Commissioner Redmond: Mr. Chairman? Chairman Wall: Yes. Commissioner Redmond: Mr. Chairman. I want to be clear that while I am supporting the items on the consent agenda, am specifically abstaining with regard to items number 15 and 17 as they are short term rental applications. I have a letter on file with city attorney's office. I have a client in the travel industry and I do not vote on short term rental applications or any of the ordinances that apply there, too. Thank you. Chairman Wall: Okay, thank you. Madam Clerk: Thank you, Mr. Chairman, the vote is open. Madam Clerk: By recorded vote of 10 in favor, zero against agenda items, 8, 9, 10, 13, and 14 have been recommended for approval by consent. Agenda items, 15 and 17 by a vote of nine in favor, zero against, with one abstention by Commissioner Redmond, have been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23- 51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 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. r6 4 ?r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO ADD SECTION 209.5, DELETE SECTION 242.1 AND AMEND SECTION 901 OF THE CITY ZONING ORDINANCE PERTAINING TO TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS AS PERMITTED USES IN THE B-2 ZONING DISTRICT. (SPONSORED BY VICE MAYOR WILSON AND COUNCIL MEMBER BERLUCCHI) MEETING DATE: June 21, 2022 • Background: A resolution was made by City Council during the March 15, 2022 meeting to refer to Planning Commission an Ordinance to add Section 209.5, delete Section 242.1, and amend Section 901 of the City Zoning Ordinance (CZO) re tattoo parlors and body piercing establishments as permitted uses in the B-2 Zoning District. The regulations for tattoo parlors and body piercing establishments were first adopted into the Zoning Ordinance on April 24, 2001, including a six hundred (600) foot separation requirement from other similar establishments, and from schools and residential and apartment districts. On January 5, 2016, City Council amended the requirements to remove the separation requirement from schools and residential and apartment districts. In August 2021 City Council removed the dimensional requirement that prohibited a tattoo parlor and body piercing establishment to be located within six hundred (600) feet of the same use. Current regulations permit tattoo parlors in the B-2 Community Business District with a Conditional Use Permit (CUP). City Council approved ten CUPs for tattoo parlors in 2021, two in 2020, four in 2019, five in 2018, and four in 2017. No applications for tattoo parlor CUPs were denied by City Council in the past four years. City Council approved similar conditions for each Use Permit. • Considerations: This ordinance will permit tattoo parlors in the B-2 Community Business District by-right, with the following proposed standards: • Any Tattoo Parlor or Body Piercing Establishment permitted under this zoning ordinance shall comply with the applicable requirements of Chapter 23 of the City Code. City of Virginia Beach —Tattoo Parlors Page 2 of 3 • The application of tattoo or body piercings shall occur only in areas not visible from the exterior of the establishment or from the waiting and sales area within the establishment. • Any on-site signage for the establishment shall meet the requirements of Article II, Part B of the City Zoning Ordinance. Building signage designed to be a "box sign" and signage for windows shall not be permitted. A separate sign permit shall be obtained from the Planning Department for installation of any new signs. Although there is a fundamental difference between a traditional tattoo parlor and body piercing establishment and a beauty salon, Section 111 of the Zoning Ordinance, consistent with the Code of Virginia, defines a tattoo parlor as "Any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with in or any other substance, resulting in the permanent coloration of the skin, including permanent makeup or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin..." Because of this definition, it is difficult to distinguish between microblading and more traditional tattooing practices. Staff reached out to the Virginia Department of Health (VDH) on June 8, 2022 regarding this amendment. VDH inspects tattoo parlors quarterly and in response to any complaints. They had no concerns regarding the amendment. Further details pertaining to the ordinance, as well as Staffs evaluation, are provided in the attached Staff Report. Staff received two (2) letters in support and 11 letters in opposition to this proposed Ordinance amendment. There were three (3) speakers in opposition and three (3) speakers in support at the public hearing. The opposition noted concerns related to the quality of tattooing in Virginia Beach; the Health Department's ability to inspect all new applications and existing tattoo establishments; and the dangers of unreputable tattoo artists operating in Virginia Beach. Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Letters in Support (2) Letters in Opposition (12) City of Virginia Beach —Tattoo Parlors Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 7 City Manager: 1 AN ORDINANCE TO ADD SECTION 209.5, 2 DELETE SECTION 242.1 AND AMEND 3 SECTION 901 OF THE CITY ZONING 4 ORDINANCE PERTAINING TO TATTOO 5 PARLORS AND BODY PIERCING 6 ESTABLISHMENT AS PERMITTED USES IN 7 THE B-2 ZONING DISTRICT 8 9 Section Added: § 209.5 10 Section Deleted: § 242.1 11 Section Amended: § 901 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 19 That Section 209.5 of the City Zoning Ordinance is hereby added, Section 242.1 20 is deleted, and Section 209.5 is hereby amended and reordained to read as follows: 21 22 Section 209.5. Tattooing, tattoo parlors and Body Piercing Establishments. 23 24 1. Any Tattoo Parlor or Body Piercing Establishment permitted under this zoning 25 ordinance shall comply with the applicable requirements of Chapter 23 of the City 26 Code. 27 28 2. The application of tattoo or body piercings shall occur only in areas not visible from 29 the exterior of the establishment or from the waiting and sales area within the 30 establishment. 31 32 3. Any on-site signage for the establishment shall meet the requirements of Article II, 33 Part B of the City Zoning Ordinance. Building signage designed to be a "box sign" 34 and signage for windows shall not be permitted. A separate sign permit shall be 35 obtained from the Planning Department for installation of any new signs. 36 37 . . . . 38 39 . Reserved. 40 41 Tattoo parlors and body piercing establishments shall be permitted only as conditional 42 uses in the B-2 Community Business District, and, tattoo parlors and body piercing 43 establishments shall be subject to the requirements pertaining to tattoo parlors and 44 body piercing establishments set forth in Chapter 23 of the City Code, which 45 requirements shall be deemed to be conditions of the conditional use permit. 46 47 . . . . 48 49 Sec. 901. Use regulations. 50 51 (a) Principal and conditional uses. The following chart lists those uses permitted 52 within the B-1 through B-4K Business Districts. Those uses and structures in the 53 respective business districts shall be permitted as either principal uses indicated 54 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated 55 by an "X" shall be prohibited in the respective districts. No uses or structures 56 other than as specified shall be permitted. 57 Use B-1 B-1 A B-2 B-3 B-4 B-4C B-4K Tattoo parlors X X G P X X X X Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • o 1,13‘407f,rj Planning a artrvfent City Attor,e 's Office CA15697 R-2 February 24, 2022 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing May 11, 2022 IN)/� Tattoo Parlors Virginia Beach Request An Ordinance to add Section 209.5, delete Section 242.1 and amend Section 901 of the City Zoning Ordinance pertaining to tattoo parlors and body piercing establishments as permitted uses in the B-2 Zoning District. Summary of Request This amendment is sponsored by Vice Mayor Wilson and Council Member Berlucchi. A resolution was made by City Council during the March 15, 2022 meeting to refer to Planning Commission an Ordinance to add Section 209.5, delete Section 242.1, and amend Section 901 of the City Zoning Ordinance (CZO) re tattoo parlors and body piercing establishments as permitted uses in the B-2 Zoning District. The regulations for tattoo parlors and body piercing establishments were first adopted into the Zoning Ordinance on April 24, 2001. Initially,there was a six hundred (600)foot separation requirement from other similar establishments, and from schools and residential and apartment districts. On January 5, 2016, City Council amended the requirements to remove the separation requirement from schools and residential and apartment districts. It should be noted that staff supported the additional removal of the separation requirement between tattoo parlors; however,following deliberation at Planning Commission this requirement remained. In August 2021 City Council removed the dimensional requirement that prohibited a tattoo parlor and body piercing establishment to be located within six hundred (600)feet of the same use.This was necessitated due to the number of applications seeking City Council approval for microblading(cosmetic tattooing) located within beauty salons.Although there is a fundamental difference between a traditional tattoo parlor and body piercing establishment and a beauty salon,Section 111 of the Zoning Ordinance, consistent with the Code of Virginia,defines a tattoo parlor as "Any place in which is offered or practiced the placing of designs, letters, scrolls,figures,symbols or any other marks upon or under the skin of any person with in or any other substance, resulting in the permanent coloration of the skin, including permanent makeup or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin.." Because of this definition, it is difficult to distinguish between microblading and more traditional tattooing practices. Current regulations permit tattoo parlors in the B-2 Community Business District with a conditional use permit (CUP). City Council approved ten CUPs for tattoo parlors in 2021,two in 2020,four in 2019,five in 2018, and four in 2017. No applications for tattoo parlor CUPs were denied by City Council in the past four years. City Council approved similar conditions for each Use Permit. Staff used those conditions as a basis for the proposed standards in this amendment. This amendment would amend the B-2 district to permit tattoo parlors by right in that district with the following proposed standards: 1) Any Tattoo Parlor or Body Piercing Establishment permitted under this zoning ordinance shall comply with the applicable requirements of Chapter 23 of the City Code. 2) The application of tattoo or body piercings shall occur only in areas not visible from the exterior of the establishment or from the waiting and sales area within the establishment. City of Virginia Beach Agenda Item 1 Page 1 3) Any on-site signage for the establishment shall meet the requirements of Article II, Part B of the City Zoning Ordinance. Building signage designed to be a "box sign" and signage for windows shall not be permitted. A separate sign permit shall be obtained from the Planning Department for installation of any new signs. No changes are proposed to Chapter 23 of the City Code which lists specific requirements for tattoo parlors as regulated by the Department of Public Health. Requirements include: • Permit from Department of Public Health • Annual training approved by the Department of Public Health • Tattooing-related procedures shall be carried out in a clean, safe and sanitary manner • Requirements for cleanliness; safety;sanitation; adequate light and ventilation; public health inspections; sterilized equipment • Record retention requirements Public Outreach Information During the drafting of this amendment staff reached out to the applicants from the past six years for a tattoo parlor CUPs to gain their input. In response we received two emails in support of the amendment and 12 emails against. The concerns included: • Undercuts work put in by salons and tattoo parlors that had to get a CUP to operate • Unreputable practitioners opening new businesses • Tattooing, piercing, permanent makeup, and microblading should be separated ■ Virginia State Code defines microblading and more traditional tattooing practices similarly which limits the ability to differentiate the two uses • "With more tattoo and/or piercing establishments, we will be open to infinitely more opportunity for disease transmission, potentially unsavory business practices by artists who aren't experienced or knowledgeable enough to run a full studio, and a staggering amount of untethered competition from too many new shops,that will absolutely harm the profitability of those of us who are already here." • "... (T)hreatens the sanctity of our trades, will have dire economic consequences for the existing professional traditional tattoo and piercing studios" • "VBHD will likely not be able to handle the added workload" • Staff reached out to the Virginia Department of Health (VDH) regarding this amendment. VDH inspects tattoo parlors quarterly and in response to any complaints. They had no concerns regarding the amendment and had no evidence that an influx of new tattoo parlors would be so large as to overwhelm their staff. • "We already have more than enough tattoo and piercing studios in Virginia Beach, adding more now, and even more in the future, will not bode well for our successes as independent business owners." • Suggested we lower the CUP fee to less than$1,000.00 rather than removing the CUP requirement • Suggested reinstating the 600 foot boundary between establishments • Suggested limiting business license for tattoo parlors Recommendation Staff recommends approval of this Ordinance. As the use will remain regulated by the Virginia Department of Health as well as the Department of Professional and Occupational Regulation (DPOR) and the proposed amendment includes conditions which are similar to those added to previous conditional use permits, staff feels there are minimal adverse impacts that will result from the removal of the conditional use permit requirement for tattoo parlors and body piercing establishments. City of Virginia Beach Agenda Item 1 Page 2 Virginia Beach Planning Commission May 11, 2022, Public Meeting Agenda Item #1 City of Virginia Beach An Ordinance to add Section 209.5, delete Section 242.1 and amend Section 901 of the City Zoning Ordinance pertaining to tattoo parlors and body piercing establishments as permitted uses in the B-2 Zoning District. RECOMMENDE FOR APPROVAL— HEARD Madam Clerk: Okay. Thank you. Thank you, Mr. Chairman. Agenda item number one is the City of Virginia Beach, an Ordinance to add section 209.5, delete section 242.1 and amend section 901 of the City's Zoning Ordinance pertaining to tattoo parlors and body piercing establishments as permitted uses in the B-2 zoning district. Hannah: Good afternoon. I'm Hannah Sabo, Zoning Administrator for the City of Virginia Beach. So thank you for reading that again. This ordinance is to amend how tattoo parlors are permitted in the B- 2 zoning district. This was specifically requested by Council in March 15th of this year. They requested that we go through and do an amendment to allow tattoo parlors, which are currently only permitted in the B-2 district currently with a Conditional Use Permit and do an amendment that would allow them by right in that B-2 district. It was requested by Vice Mayor Wilson and Councilmember Berlucchi. Hannah: The City Code takes the definition of tattoo parlor directly from State Code. And, because State Code defines that it is not something that the City can change or alter and tattoo parlor being defined as any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin of any person with ink or any other substance resulting in the permanent coloration of the skin, including permanent makeup or permanent jewelry by the aid of needles or any other instrument, any other instrument designed to touch or puncture the skin. This is important to note because we have, along with tattoo parlors, we also have a number of salons that offer microblading or permanent makeup. And, as I mention, permanent makeup is included under the definition of tattoo parlor by the City Code. And so the City will be regulating both the same. Hannah: So, this Ordinance does not change the City Code in relation to tattoo parlors. Chapter 23 of the City Code adds requirements that any tattoo parlors comply with the department of public health 1 requirements. And again, we're not changing any of those requirements. The department of public health still has their requirements for tattoo parlors, and that is not being amended. It also requires training by again, training by the department of public health that tattooing related procedures be carried out in a clean, safe, and sanitary manner. That the requirements for cleanliness safety, sanitation, sterilized equipment, all of that is listed in chapter 23, along within requirement by the department of public health, neither of which, none of which is being changed by this amendment that will all still apply. And, it also has a requirement for a record retention requirements. And again, that is not being changed. Hannah: Tattoo parlors will still be regulated by the Virginia department of health and by the Department of Professional and Occupational Regulations. So, as I mentioned, this amendment only affects the B-2 district. That's the only district currently where tattoo parlors are permitted. It is the Community Business District, and you can see the map here showing where those districts are. And, it is not listed as a permitted use in any of the other B districts. It, our amendment would change from that requirement from a Conditional Use Permit to being permitted by right. Hannah: Just a little bit of history here. We have had in the last five years about 27 applications for Conditional Use Permits that have come through all of which have had the same similar conditions applied to it. Those conditions, which we are now including in the amendment as proposed standards. So those conditions that were part of the Conditional Use Permits that came through this body previously would now be written into the Ordinance as a requirement. Those conditions being that there be compliance with the applicable requirements of chapter 23, which is that section, which relates to tattoo parlors. That tattooing and body piercing shall not occur in areas visible from the street or from the exterior establishment. So, it has to be behind a wall or in other way, in any other way, screened. And then there is a requirement for signage, the restriction on types of signage that we have for tattoo parlors. Hannah: We did get a large response from the public. We had two emails in support and then 11 emails against. And I do believe we have a number of people signed up to speak. So I will let them speak for themselves here. And, I won't go through all of these with you. But, staff does recommend approval of this amendment. As I mentioned, there were 27 applications that have come through in the last five years, none of which were denied, all had the same similar conditions, and this not be changing how tattoo parlors are regulated by the Health Department or by the Department of Professional Occupational Regulation. And, it does not change chapter 23, which regulates tattoo parlors. I'm available if you have any questions. Chairman Wall: Thank you. Are there any questions for Miss Sabo? 2 Hannah: Okay. Chairman Wall: Okay. All right. Thank you. Appreciate it. Okay. Madam Clerk, are there any speakers to this item? Madam Clerk: Yeah. Mr. Chairman. We have six speakers signed up Eddie Bourdon followed by Ed Hallerin. Eddie Bourdon: Mr. Chairman speaking for myself and I'm speaking against my own interest, but I'm going to give the, want to give the Commission some history. I'm in favor. Chairman Wall: Before you start, could you state your name? Eddie Bourdon: I thought I did, Eddie Bourdon. Chairman Wall: Oh, did, you maybe did. Eddie Bourdon: I think I did. Maybe I didn't. I'm again, speaking against my own best interest, but I'm in favor of this and I will give you a little bit of history. I had the pleasure of representing one of the very first use permits when, when Planning Commission and City Council changed this to allow limited uses use permits, Virginia Beach, Inc, for two Virginia Beach police officers at Hilltop. We had one opposition, attorney Gary Byler represented an existing grandfathered tattoo parlor about two miles away. And he opposed it and for nothing but competitive reasons. And, it was approved by City Council. And, this is in Hilltop, and there were some people at Hilltop that weren't real keen back in those days about, but it's never been a problem for anybody. Still there today. I've had, I've represented a couple of other tattoo use permits since that time went through on consent. Eddie Bourdon: Never been a problem period for anybody, nobody complained. More importantly, I've represented a number of ladies like the lady who was here today, that's on your consent agenda 3 you already approved, doing microblading in a beauty salon. One in particular at Red Mill Commons, couple years ago, where there was already a Conditional Use Permit for microblading on one side of the building, she's on the other side of the building, can't even see each other and they're more than 600 feet apart if you go around the building. But, the interpretation was sorry, it's been 600 feet. This poor lady couldn't do microblading for that reason when every microblading, which we don't control, what the state says is tattooing, microblading. It's anti anything and everything, it's against what we should be doing as a city. There's, and to oppose this is basically saying, what is, what's the government purpose? Eddie Bourdon: We should, we should be regulating ourselves and we should make ourselves pay more money? No, there's no logic behind opposition to this. It's making it legal and you still have to meet all the same requirements. You just don't have to waste the staffs time and everybody's money on something that has not proven to be a problem at any point in time, since it's been opened up a little bit at a time. It just, the landlords make the, they're the ones that got to make the decision. It's the free enterprise system. So it, I think it's just anti competition. I don't see the logic behind not doing this. And, it's certainly for somebody like this lady at Red Mill, who couldn't even apply because she's "within 600 feet of another beauty parlor", like beauty parlors are a big problem. We need to have use permits for beauty parlor? Mr. Wall: Okay. Wait, are there any questions for Mr. Bourdon? Okay. Thank you. Madam Cler: Ed Halloran followed by Danielle Good. Ed Halloran: Yes. Ladies and gentlemen. Good afternoon. I'm Ed Halloran. I'm an attorney here for going on 45 years. Some of you may have recognized me in conjunction with the moving of the historic building at the end of Lord Dunmore and Princess Anne Road. I believe Planning went through that with me about 10 years ago. I'm here to talk about permanent makeup. I have a package that's being passed around to you. Ed Halloran: I have a package that's being passed around and I think it's for illustrative purposes, it'll help us walk through this much more quickly. If you separate the package from the clasp, there's nine exhibits here and they're all numbered, they're staple together. Number one is a picture of what my dog in the fight is. This is my building. I moved it out of the middle of the highway there, Princess Anne Road, a road widening project across the street. There's a map in your pack at that shows where it's located now. The finished product is the pictures towards the end of that, exhibit one. 4 Ed Halloran: What I'm here today talking about is the second to the last picture. It's the first floor of the historic building. It used to be OB Mirror's property many, many years ago. The first floor is commercial. A photo of the site is the historic building is on the right side of the photograph. practice now in little cottage building, it's my intent to move back into the upper floors of this other building. Ed Halloran: Why am I here today? I want to talk about the distinctions between tattooing and permanent makeup. I know you probably know more about it than I do because I'm new to coming to it. Because my tenant at the bottom of this building in the commercial area is intended to be a full service salon. Hair, nails, waxing, aesthetics. If you broaden your approach to this subject, these kids would like to do permanent makeup in the same fashion that you just approved on the consent agenda in a salon setting. What permanent makeup is, I'm here on behalf of Cindy and Danielle. Cindy Shot, this is her brochure. It's exhibit two. The services that they offer are set out on the back. Mr. Wall: Excuse me, Mr. Halloran. You're getting close. Ed Halloran: Okay. Danielle will yield a couple minutes of hers. Danielle Good: You can have the five minutes. Ed Halloran: The services rendered is set forth in the brochure. They fill in alopecia where hair falls out. Folks born... Mr.Wall: Mr. Halloran, we'll work through you through the questions. Ed Halloran: Okay. Mr. Wall: We appreciate your time, but unfortunately it doesn't work that way. 5 Ed Halloran: If I can wrap it up, number three is tattoos and you can see there's a major difference. Nine is the regulations, statutes we're talking about. David Weiner: Hold on. I've got some questions for you. Ed Halloran: Sure, okay. David Weiner: I'm very well aware of your building. I'm part of the Historic Kempsville Committee. Nothing's in there right now in this building. Ed Halloran: The first floor has a Permanent Makeup Institute school. David Weiner: That's a school right now? Because you're actually in B-4K, zoning. Ed Halloran: Correct. It's just the school. David Weiner: Okay. Because about two years ago, we changed B-4K zoning in that area. Ms. Abbott was around and if we had it her way, she would've had tattooing in the B-4K but didn't go through. like this. We need to get together, and you need to come in front of the committee, the Historic Kempsville Committee and discuss this with them. We need to come back to staff, maybe down the road. Can we do that, Bobby? I can get Michael Berlucchi involved and talk about it and then come back. Because Michael Berlucchi is one of the sponsors of this. David Weiner: I personally don't see an issue with this. That building, it's a beautiful building. I'm glad you moved in and didn't tear it down. But we need to get together and talk. Right now is not really good time to do this because it's another thing going on. But in the future, I'd love to sit down and talk to you about this and get Michael Berlucchi involved and we might be able to make this happen for you. 6 Ed Halloran: Excellent. The last exhibit by the way, ironically is their application for permanent makeup, a 522 independence, ironically was my old office. They're in a position is, they have to go over there to practice their profession, but they can teach it over where I am. There's a big hypocrisy. Thank you. David Weiner: You have your contact information on here? Ed Halloran: Yes, I do. David Weiner: Okay. I'll be in touch with you. Thank you. Ed Halloran: Okay. I appreciate it. Thank you. Speaker 3: Okay. Danielle Goode followed by Gabriel Cece. Danielle Goode: Hi, my name's Danielle Goode. I have a permanent makeup school. Over the last few years I've taught 52 students, 22 of those students work in out of their home or work in a salon without a conditional use permit or being regulated by the Health Department. Four are out of state. Only 12 of them working in an established place that has a conditional use permit. That right there tells these girls, they graduate, they can't go and work. When I start class, the first day of class, have to go through the whole city laws of Norfolk and here and show them where B-2 zones are and what you have to do to go get a conditional use permit. I tell them that the first day of class, because first off it's expensive. Second off, they're going to have a really hard time being able to do something like this in a salon, in a B zoned area that's not B-2. I am for having permanent makeup, tattooing, whatever it is you guys decide, to be in all B zoned areas that salons and spas are, the business districts. Thank you very much. Jack Wall: Okay, thank you. Are there any questions for Ms. Good? Okay, all right. Appreciate it. Madam Clerk: 7 Gabriel Cece followed by Melissa Lucson. Gabriel Cece: Good afternoon. My name is Gabriel. I was told to ask for more time because I am representing the newly formed Tidewater Tattoo and Piercing Coalition, LLC. Jack Wall: If he's speaking for an organization, okay. Sure. Okay, 10 minutes. Gabriel Cece: I own Studio Evolve Tattoo, we've been in business for 12 years. I got an email a month ago asking for an opinion on this. I sent my opinion. My opinion and the opinion of the people who represent is that the conditional use permit, even though nobody has ever been denied, is a useful vetting system for people who intend to do professional tattooing. I totally understand that nobody's ever been denied it. I get that, it's probably a waste of the city's time to a degree. However, it's a step in the direction of vetting professional tattooing and professional tattooers in what they intend to do. This isn't about what I had to go through when I opened, it's not about competition. It's about preventing the proliferation of tattooing in Virginia Beach. We are internationally recognized as a source of incredible tattooing. There are so many amazing tattooers in this area. Virginia Beach, Norfolk, Portsmouth, Chesapeake. I've worked in a lot of states and a lot of cities, I've never worked amongst people who are as talented as this group of people who are here. Gabriel Cece: What we are concerned about is that in removing the Conditional Use Permit and having the understanding that the idea of removing the B2 restriction is also on the table for future discussion, will invite people from out of state who know this is a great place to tattoo. The military supports us, our community supports us because of the military. This is an amazing place to tattoo. I've tattooed up and down the east coast, west coast, midwest. There has never been a community like the one that I know here. We're brethren and we support each other. There's some internationally recognized individual artists. This is one of the best places to get tattooed in the United States. People come from all over the country, people come from all over the world to get tattooed here. What we're trying to prevent is diluting the quality of our reputation. Gabriel Cece: You got 25 tattoo shops now, 25 permanent makeup places. They're quality, they're good. If you remove this restriction, if you remove the restriction of B-2 only, you're going to have anybody who wants to open up, open up. "I want to open up a tattoo shop. I got pissed off at my boss today. I want to open up a tattoo shop." "Okay, here you go." Or, "I'm going to come in from out 8 of state because I know there's liquidity here and lots of money to be made." It's taking away from our reputation, one. Gabriel Cece: Two, Health Department is great. I have a very good relationship with the health department and all of my contemporaries and fellow tattooers do the best to maintain that as well. We're concerned that with the 25 shops that we have now, if it becomes 125, then you're looking at the idea of the health department being overtaxed. If the health department is overtaxed, we can't keep the standards that we have now. We will, but how do we know that other people aren't? When the health department is taxed and they're not being able to do the inspections the way they're supposed to do the inspections, we're looking at mass infections. Cellulitis, MRSA. Gabriel Cece: We depend heavily on the military. I don't know if you all are aware, but people in the military weren't allowed to get tattooed for six months after our doors opened. They just weren't allowed to. If you have an increased infection count, military's going to hear about it because it's going to be their people. The military can very easily blacklist us, and then we're stuck with not able to tattoo our military, which is 50% of our clientele easily. Gabriel Cece: Again, it would degrade our reputation. This is an amazing place to get tattooed. There are amazing tattooers here. We all run solid businesses. We follow the rules, we do what we're supposed to do. We want to help. We want to be a part of a focus group and we want to help with this. This has nothing to do with competition. I'm not worried about competition. I house 20 tattooers, they're happy and they make enough money. My contemporaries who are here all do the same thing. It's not about money. It's about our reputation. It's about public safety. Gabriel Cece: Furthermore, there is a very clear distinction in the DPR and the state code that absolutely separates tattooing from permanent makeup. I am requesting, we are requesting that those distinctions be honored in the city of Virginia Beach according to state law, which would allow for permanent makeup to be anywhere. I fully support permanent makeup being allowed anywhere that cosmetics happen, cosmetology in general. Laser tattoo removal, dermatology, esthesiology. Gabriel Cece: If you're in a professional environment and you already provide these services, then there is no reason that you shouldn't be able to perform cosmetic tattooing, surgery, cosmetic surgery tattooing, like miss Danielle does, and micro blading. Micro blading is a little bit separate from tattooing. Nobody really knows micro blading. It's actually cutting the skin and jamming pink pigment in there, as opposed to using a needle with the tattoo machine that pokes holes. 9 There's probably more risk of infection in micro blading than in any field because it's a different kind of wound. I'm suggesting that we separate tattooing... Tattooing and piercing over here, permanent makeup, micro blading, micro blading, permanent makeup, go wherever you want. But reinstate the 600 feet boundary between tattoo shops. Gabriel Cece: I pulled into my parking lot one day and there was an orange sign for a conditional use permit for a tattoo parlor. My stomach hit the floor. I'm in Byler Lakes, I've been there for 12 years. don't know how I got in there, but Pam Terry is how I got in there, who used to work at Byler before they moved to Pembroke Management. My stomach hit the floor. There is no signs there. I'm not allowed to have a sign, not by Byler, not by the city. I have worked really hard to create the reputation that I have. My stomach hit the floor when I saw that sign. But I ended up talking to Danielle and we have a good relationship and we're going to support each other. But if that was another tattoo shop, that tattoo shop in an office complex that looks like town homes is going to benefit from everything that I did. Gabriel Cece: Imagine if you remove the Conditional Use Permit, you remove the B2 zoning restriction, you don't put this 600 feet back, you're going to have tattoo shops from the ocean front to new town road. Virginia Beach Boulevard is going to be littered with tattoo shops because it's too easy. You could just show up and get a permit. That's not a good idea. It's not a good idea for our reputation, it's not a good idea for public safety, it's not a good idea for business either. Gabriel Cece: Because when you start to see that professional tattoo shops or people who have been existing have a hundred dollars minimum, like myself, and the new guy that just opened up has a $30 minimum, where are you going to go? That's what's going to happen because we all practice good business ethics together. We all honor each other. We have a code. Tattooing is very self- regulating. We go above and beyond what health department recommendations are. We are a self-governing self-regulating industry. Nationwide, worldwide. We respect each other. Gabriel Cece: If you bring a bunch of people in who may or may not know what they're doing or just opening up a tattoo shop because they're mad at the boss or they come in from out of state because they know there's money to be made here because it's a port city, we're going to lose that. You're going to dilute the quality of tattooing. You're going to dilute the quality of our reputation. People are going to have to undercut each other in order to survive. Did I hit all the bases? Jack Wall: You're pushing your... 10 Gabriel Cece: In my closing moment, Steve Kirschner is the Director of the Board of Barbers and Cosmetologists at the DPR. To regulation 18 VAC 41-50-10, creates a permanent cosmetic tattoo, sub license of tattooing and permanent cosmetic tattoo salon license that is a sub license for the tattoo parlor. This license- Jack Wall: Mr. Cece, your time is up. Gabriel Cece: Great. Jack Wall: Okay. Are there any questions for Mr. Cece? David Weiner: Anybody want to field this or? I will. Get guidance from our city attorney, but just to let that... You probably know this. We as a board, a city cannot separate tattooing and micro blading. That's a state thing. Gabriel Cece: No, it's not a state thing. The state thing is that they are separate. David Weiner: Hold on. B Kay Wilson: Okay, no. This Virginia code defines tattooing as including micro blading and permanent jewelry and makeup. As such, we don't have the authority to pull them out as two separate things. They will be together in the City of Virginia Beach until the legislature decides to mark through permanent makeup. David Weiner: I'm going to tell you a couple things here. To do that, you're going to need to get ahold of your state legislator in your area and discuss that with them. That has to be changed up in Richmond. That can't be changed here in the city of Virginia Beach. Gabriel Cece: 11 But it is clearly separated in the DPR regulations. David Weiner: I'm just telling you that's... B Kay Wilson: Yes, it is. It is clearly separated in DPOR regulations. Gabriel Cece: Which is the problem of state law- B Kay Wilson: No, there's a hierarchy. The State code is here and DPOR regulations are here. Robyn Klein: I have the State code pulled up. Chapter 50 is tattooing regulations. In chapter 50, which is what you referenced, it talks about section 80 which is tattoo parlor, section 90 which is a tattoo license, section 120 which is permanent cosmetic tattooing licenses. But they're all under that tattoo umbrella, I think is the point that we're trying to make. Gabriel Cece: Can't you create that same umbrella? B Kay Wilson: Sure, Richmond can. Gabriel Cece: No. The city can because that's what the umbrella is. B Kay Wilson: No. Gabriel Cece: The idea is to allow for permanent cosmetics and micro blading to be wherever, but to keep tattoo studios 600 feet apart. That's the concern. David Weiner: 12 No, we can't. Wish we could, but we can't. I've been doing this for nine years now. B Kay Wilson: We've been doing this since we allowed tattoos. David Weiner: It's been like this as long I've been here. B Kay Wilson: I promise, we've been doing this this way. Gabriel Cece: Who is my legislator? B Kay Wilson: I don't have any idea. Where do you live? Gabriel Cece: It's Virginia Beach. Jack Wall: Are there any other questions from... David Weiner: Yeah. I want to go another route with you real quick. I agree with what you're saying a little bit about making... In B-2, I didn't realize until you got up here, I like listen to other people's perspective on things. Vice Mayor Wilson and council member Berlucchi brought this forward. Before this goes to City Council, because they actually made the final approval for this, I would touch base with them, contact them, tell them your thoughts. You have to go up that far. We, as a body here, we decide approval or not, but they'll make the final approval. That's going to be your best bet on that. Gabriel Cece: Okay. Jack Wall: Okay. Any other questions? 13 B Kay Wilson: We can just mark it out. You don't know, I really do wish... Gabriel Cece: Who do I talk to? I know Hannah. I have a good relationship with Anna at the health department. I would talk to Hannah if I wanted to talk more about rules and regulations and codes and stuff like that? David Weiner: I would go right to your legislator, whoever that is. B Kay Wilson: If you want to make a distinction, if you just want to talk in general rules and regulations, Hannah is certainly the Zoning Administrator and the person to talk to. David Weiner: She points you in the right direction. B Kay Wilson: She can point you in the right direction. You might even be able to figure out who your legislature is. David Weiner: Perfect. B Kay Wilson: That kind of thing. I would talk to Mr. Berlucchi, Councilman Berlucchi and Vice Mayor Wilson. Gabriel Cece: Great. Jack Wall: You're with Studio? Gabriel Cece: 14 Studio Evolve. Jack Wall: Studio Evolve. Gabriel Cece: Evolve, yep. Jack Wall: It's near my house. All right. Anything else? We appreciate it. Thank you. Gabriel Cece: Thank you. Appreciate your time. Speaker 3: Melissa Lucsen followed by Katie Shamel. Jack Wall: Before you start, you've got three minutes and the yellow will warn you and then the red will... Melissa Lucsen: Got it. Speak at City Council regularly, I understand. My name is Melissa Lucsen. I am a studio owner. I have had three conditional use permits through the city of Virginia Beach for tattooing and body piercing. I have been a business owner and studio owner since 2010. I also was the first business owner to get a conditional use permit to go into the Lynn Haven mall. My husband and I owned Trilogy Tattoo until we consolidated our Bonnie Road space with our mall location, and we went to North Mall Drive. Let me just give you a little smidge of background here. I have been working with the health department since January on our, in my opinion, discriminatory permit fees. The most expensive permit fee with health department in the City is $100 for public swimming pools. When tattooing was legalized, due to the discrimination we experienced from opposition basically coming to the city, the city thought it was a great idea to ping us for$1,200 a year. Melissa Lucsen: The most expensive health department permit is a community swimming pool that they pay for $100 for a year. But tattooing and body piercing is $1,200. Guess what? I pay $2,400 because my studio is not just tattooing, my studio is body piercing and tattooing. I pay $2,400 a month, or I mean a year, I'm sorry, for my conditional use permits. I had been working with the health department on also looking at ordinances. I know that we had talked about speaking with Ms. 15 Wilson about getting the permit fees changed and just making a few ordinance changes. I'm at council, Michael Berlucchi, council member Berlucchi and Vice Mayor Wilson just out poof, out of nowhere, decides that they want to just get rid of conditional use permits. I'm like, "Why are you doing this?" Melissa Lucsen: This is why I'm in opposition. It has nothing to do with business competition. Listen, I don't care what everybody else does around me. I'm confident in the artists that I have, the business structure that I have. We do very well with the city. Asked the city, they've audited me in the past. Went through that with flying colors. From a public health and safety, I am also certified to do micro blading. I do not do tattoos, but I am certified. I paid to go to school, I understand. But also understand about tattooing, it's what we do. I have a real problem with the city not having... The conditional use permit is what triggers a health department plan review, if you're aware. If we take away conditional use permits, how is the city handling plan review? Melissa Lucsen: Because I know as a business owner, when I go to renew my business license, which by the way, thanks for doing it online finally after all these years. But more importantly, because now it's online... When I would go to renew my business license, they would make a phone call to verify that I was in good standing with the health department, right? Does everybody know that, that that's how they do that? But they stop doing that. At least for a couple years, they didn't do it with me. Now that we've gone to online business license renewal, how is the city verifying that I'm in good standing with the health department? They're not. If you vote, I am asking you to indefinitely defer this for the moment so that we can reach out to build a step, so we can to delegate, delegate. Melissa Lucsen: I will reach out to all of the delegates and try to make this happen to separate off permanent cosmetics, so that you can do... As a city, we can separate these out. I don't have a problem with the 600 feet with permanent cosmetics. I have a problem with 600 feet for traditional tattooing and body piercing. I need you to understand that this is coming from a health and safety issue with the public. You, as planning, need to understand that there is a very valid concern here for those of us who are operating in this city and the fear we have of you removing this, it's a proliferation of a public health problem potentially. Just you know, micro blading and permanent cosmetic have less training required than professional tattooing. Melissa Lucsen: This now comes down to, let me put it to you in terms maybe some of you might understand, police and deputy sheriffs. Police and deputy sheriffs. They both are wonderful public servants, but there's a distinct difference in their training. You're talking about training with people who've 16 lost temporarily their constitutional rights and then people who are interacting with citizens every day. There's a difference in tattooing versus permanent cosmetics. I'm just going to ask that you and definitely defer this. Mr. Berlucchi, when I called him after I found out about this, he told me that they were doing it because nobody ever gets denied. They're just trying to clean up the agenda. Melissa Lucsen: I'm sorry. Don't delegitimize my profession because you are trying to clean up a consent agenda or you're tired of the same speakers coming and opposing everything. You just want to clean it up. This is what we do for a living, this is our business, this is our livelihood, this is what pays the bills. This will put my children through five years, or all those years, not all those years. Geez. All my five kids through public school in Virginia Beach. My tax dollars through my business and home ownership has done that. Sorry, that's my alarm going off. Husband, can you handle that? Thanks. I just hope that I convey... Jack Wall: I was expecting the lights to come on but the time is... Melissa Lucsen: Okay, cool. Awesome. Do you have any questions for me? I feel like I've exercised my opinion here. I think I've said what I needed to say. I'm just asking,just defer this until we can get further... Trust me when I tell all of you, I will be pursuing state delegates now that you have cleared up the why. Jack Wall: Okay, thank you. Are there any questions? Robyn Klein: I have question. You submitted your Conditional Use Permit, prompted health plan involvement. You got it. You got started. What happens the next year and the following year after your CUP was already in place? Melissa Lucsen: Once our CUP is already in place, what happens is every year in December, we have to renew our health department permit. It's for the year. I would just like to tell you that they used to let us pay quarterly because of the $1,200. A couple years ago, somebody, there was new supervisor director that took over the health department. They just out of nowhere just said, "Nope, you have to pay the whole $1,200 at the time. Because the city ordinance says that it's $1,200 and you have to pay that one time." Hopefully everybody pays that in December, January. 17 Melissa Lucsen: By the way, if you didn't know, that if you don't pay your permit, what can the Health Department do? They can't do anything because they don't have legal authority to do anything. If I don't pay my health department permit in December for the following year and I go renew my business license, I'm still able to operate. But guess what? The Health Department can't walk through my doors. They can't walk through my doors and inspect me because I don't have a valid Health Department permit. Robyn Klein: I'm going to pause you there. Mr. Taan, can you speak to... I don't know where this falls in you, but when you renew your business license when it's a health profession involved... Mr. Tajan: I cannot speak for the Commissioner of Revenue and what they require. Robyn Klein: In terms of the prompting of the Health Department engagement. Mr. Tajan: I'm not aware of what process the Commissioner utilizes for their approval process for that portion. I know where we interact. Robyn Klein: Okay. What I'm hearing is that she gets the permit that prompts it, but moving forward, the permit is not necessarily connected. Melissa Lucsen: That's my argument with Conditional Use Permit is because I look at the Conditional Use Permit just from your perspective as a, I don't know if I'm using it properly, but like the stop gap. If the conditional use permit is not there, then you can just go freely open a business like anybody else. You can get a business license and be truthful, not truthful. There's nothing stopping people from being truthful or not truthful about what their business is when they get their license. But that's my point, is that for what we do for public health and safety... I spoke to health department and said, "Why are you not doing plan reviews? Why are you not charging for plan reviews?" They don't even charge us for plan reviews. Melissa Lucsen: 18 As a business owner, we know what we're getting into when we start a business. We know the investment that it takes and the fees that we have to pay with the City's and the Health Department, all these places, we understand that. I'm like, "Why are not charging for a plan review?" They're not. If we don't have a plan review, then is the Commissioner of Revenue now responsible? Is the city going to put in writing to make the commissioner of revenue responsible for making sure that there is a plan review? My point is, is that this was not thought through because of Council members and the Vice Mayor probably thinking they're... Melissa Lucsen: Listen, Mr. Berlucchi thought he was doing me the best thing in the world when he called me and was like, "I just think you're going to love this." I was like, "Why would you think that?" He said to me, "If business owners are opposed to this, we'll take it off the table." They know we're opposed to it. Here we still stand. I understand that you guys can football this right back off the City Council. But the reality is there's many of us that don't feel like City Council listens to us anyways. I can stand here for three or five minutes with you. I can stand to Council for three or five minutes with them, for them to just do what their will is anyway. Melissa Lucsen: That's why we're taking the time to hear... This is not about trying to stop permanent cosmetics. I understand, if I was trying to do micro blading business, I'd be like, "What in the world?" They still need to have the Health Department permits though, they still need to have the plan review. It still is important. I don't want people to stand here and let you think that micro blading is not a big deal because it is. Because what they're talking about with alopecia, that's tattooing, that's not micro blading. They're tattooing. When you are working with a patient that has alopecia or vitiligo is another example, vitiligo. My husband does patients who have... My Doctors, plastic surgeons in the city refer my husband for post-surgery corrections. Okay? That's tattooing. This is public health we're talking about. Mr. Wall: Okay. Well, we appreciate it. Thank you. Madam Cler: Our final speaker is Katie Shamel. Katie Shamel: Good morning. Afternoon. Mr. Wall: Can you state your name? 19 Katie Shamel: Katie Shamel. I believe they've said just about everything that I was going to bring up, as well. So I'll keep mine short and sweet and just say that I am opposed to this. I think that the 600 feet needs to stay in. And I really believe that separating the microblading and permanent makeup, piercing and tattooing should definitely be something that should be followed through with. have a license for all three of them, and I think that they need to be separated. And that's all I've got. You got any questions for me? Mr. Wall: All right. Any questions? Mr. Wall: Ms. Sabo. Ms. Sabo: Hello. Mr. Wall: Hey. Do you, did you have anything to add or do you, Ms. Sabo: Yes, I would just like to clarify. And I was chatting with Carrie that when that any permit that was going through a Conditional Use Permit would be a change of use and would require new Certificate of Occupancy. So, that would trigger us to review it at that point. The Conditional Use Permit is not as you guys know, it's not a yearly permit, so that doesn't trigger a year, anything yearly with the Health Department. And as I mentioned, I did reach out to the Health Department as part of the preparation for this amendment and they, they did not have any concerns about it, a massive influx of new applications that would prevent them from being able to do their required inspections. They did let me know that their inspections had their, the number that they do yearly had gone down because of COVID 19, that had significantly impacted their ability in the last two years. But they were not concerned about, about this change. Ms. Klein: So where would be, Excuse me. Mr. Wall: 20 Oh, yeah. Hold on. Sorry. You finished? Ms. Sabo: Yes. Mr. Wall: Okay. Okay. Ms. Klein. Ms. Klein: So where would be a good place for the speakers today to present their concerns regarding health and safety? Ms. Sabo: I would recommend them to speak with a Council Member Berlucchi and Vice Mayor Wilson. I'm I'll defer also to, Ms. Klein: Because I see that there's a separate issue that is of primary concern it's a legitimate one. This isn't the right venue for that and so where can we direct them? Like is Council? So, I think it's twofold. So there are concerns about the, there have been discussions that are outside of what was referred to the Planning Commission from City Council. Right? Mr. Tajan: And so that requires additional discussion, regardless of what through, as Mr. Weiner had offered through the stakeholders that are a part of those where that may happen. So for, in one particular instance that dealt with a very specific zone district that has a group that looks at that. As far as some of the Health Department concerns, they are the regulators that are assigned to take care of those health and safety issues. And those should be raised with the Health Department. Definitely. Again, we, understanding that there are concerns about regulating for health safety welfare, but again, they are the ones tasked with that. So, Ms. Sabo: I would, I'll add to that I've spoken with Mr. Cece, and I offered to have myself join with his group and the health department representative,just to see if there was anything that we could assist with to move forward with that group. Again, is a separate item to this specific amendment. Mr. Wall: Okay. Mr. Horsley. 21 Mr. Horsley: The 600 foot rule that was removed. When was that removed? Ms. Sabo: August of 2021. Mr. Wall: Okay. And that was between each one. And it had already been removed from other zoning areas. Ms. Sabo: Yes. The separation requirement from between tattoo parlors and schools, residential and apartment districts. Yeah. That had already been removed back in 2001. Mr. Wall: Anybody else? Okay. Thank you. I appreciate it. Okay. I'm going to close it and questions and open it up for discussion among the Planning Commissioners. Anybody like to start? Ms. Klein: So I'll start. We heard two arguments today. One of them was about health and safety concerns. And then the other one was about competition by a possible influx of applications. And I think that there is something to be said about the tattoo community here. I got my first one at Trilogy six years ago and a great experience, but I don't, if we're looking at it as a health profession, as an art it's, there are not the same type of limitations as there are with doctor's offices. There's can be two competing OBGYNs across the street from each other. We don't limit that and that's a serious thing. And you want to go to the doctor that provides you with the best care. And imagine that the reputations will continue to speak for themselves. And that studios that do often open and offer subpar services will close just like any other business or at least that's my hope. So I hear the concerns. I think there are valid ones that can be addressed outside of this venue, but for this particular ordinance, I plan to agree. Mr. Wall: Mr. Redmond. Mr. Redmond: This is, to me is much simpler, I think than perhaps we've gotten into. This is about changing the C in the zoning table for this particular use in the B-2 district to a P so that it's now the permitted use as opposed to a conditional use. My own view is that this is perfectly appropriate as a permitted use. I frankly think it makes sense to limit to it, to B-2 because it is a change that may 22 be that is the least restrictive of our business districts. And it seems to me, that's probably the most appropriate place to have it. Anyway, you guys just got to shout out. Congratulations for that. I completely agree with her. This is going to be self-regulating. And to the extent that people who do operate quality businesses of all sort who watch their, who run their businesses with great attention to detail who dot their eyes and cross their Ts and do good work are going to be successful. Mr. Redmond: And the folks who don't, are going to fail. So I don't think that this is an appropriate use for a Conditional Use Permit. I just don't think it's necessary. There are other uses, as I mentioned this morning, so mean I certainly support this application for that reason. I don't think it's going to, I don't see any kind of public health pressures. This is a significantly regulated industry by depo and by the department of health, that's not going to change. And so I, in my view, we ought to just move forward and support this application. Thanks. Mr. Wall: Okay. Thanks. Anybody else? Mr. Wall: No. Well, one thing I, and it was good to hear about the world renowned locality that we are for tattooing and the one that's near me, or the closest is really one of the gentlemen said, it's, you can, you wouldn't know it was there unless, you knew it was there. You could pass by there. Many of the other ones aren't quite like that. But this one seems to be very viable and doing pretty well. So good to hear. I as well, support this. So, do we have a motion, Mr. Redmond. Mr. Redmond: Mr. Chairman, I move approval of agenda item number one. Mr. Redmond: Okay. We have a motion by Mr. Redmond. Do we have a second? Mr. Horsley: Second Mr. Redmond: Okay. By Mr. Horsley, we have a second. Madam Clerk: 23 The vote is open. By recorded vote of 10 in favor, zero against. Agenda item number one has been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE 24 From: Marie Strom<mariecstrom@aol.com> Sent:Wednesday,April 13, 2022 3:28 PM To: Hannah M.Sabo<HSabo@vbgov.com> Subject: Re:City Zoning Code Amendment for Tattoo Parlors CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. So your not going to have any zoning for this?And it's just aloud by any business? I just went thought this process last year and paid a lot and a lot of my time, I feel like that undercuts the work we put into getting our zoning for my salon Sent from my iPhone From: mr.gabrielcece To: Hannah M.Sabo;Robert"Bobby"J.Tajan;rKleinVBPC()icloud.corn;dweinercvbpcCa)icloud.corn; jwallvbocaicloud.corn;dredmondvbpcCaidoud.corn;bfrankenfieldvboc( idoud.corn;aAlcarazVBPC(a idoud.corru dBradleyVBPC(aicloud.corn;jCostonVBPC(aicloud.com;riCuellarPCCCeicloud.corrl;dhorslevvboc(Ticloud.com; dolivervboca)idoud.com;City Council Subject: Re:City Zoning Code Amendment for Tattoo Parlors Date: Monday,May 2,2022 12:52:00 AM Attachments: 2022 all shoos.xlsx CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you for your response Robyn, Unfortunately, I have to disagree with your statement that this matter is now solely with the City Council, as I know there is a Planning Council Vote scheduled on 5.11.22,to address these topics exactly. I do not claim to speak for all tattoo and piercing shop owners,however, I do believe that I can speak for most of us in the City of Virginia Beach, when I say that these matters at hand,those detailed in my original email reply. are suggested code amendments that we take very seriously, and we have opinions we'd appreciate the opportunity to sit down to talk with you all about...before you and the rest of the Planning Council and City Council vote on them. We take our profession very seriously, as well as the codes that regulate our operations, as we have all fulfilled our duties to date, and have followed the laws to the letter, in order to open in the first place, and continue to operate our businesses. Furthermore,the original email that was sent out on April 13th,by Hannah Sabo,the City's Zoning Administrator, asked for our thoughts and opinions on these matters at hand. My original email below is my response to that,with most of our opinions and thoughts about it all, as well as for many of the other tattoo shop owners in Virginia Beach,who I've spoken to about it. When I called every other tattoo shop owner who I know,those whose cell phone numbers I had access to,not one of the 15 people I talked to had received said email. Honestly,there is something just not right about that, so I decided to solve the problem, and offer a suggestion to the City of Virginia Beach, on behalf of a group of shop owners I am representing with this response. I called and requested lists of all the active conditional use permits,business licences, and health department permits, from each department, for tattooing,piercing, and permanent cosmetics. In addition, I called the DPOR, and asked for all the active Tattoo and Piercing studio licenses, as well as Permanent Makeup Salons. Finally, I took these lists and cross referenced google,when searching for Virginia Beach tattoo and piercing studios, as well as permanent cosmetics salons or spas. Kindly see the attached excel document attachment below, and please note that this list only compiles those who are legally licensed tattoo and piercing studios, and on the second tab, legal permanent cosmetic salons. May I suggest that when there are any future proposed amendments to the laws, codes, and regulations that will directly affect our livelihoods and the reputation of all of the professional tattoo and piercing businesses in the City of Virginia Beach,please let us know, and please ask all of us for our thoughts and opinions, not just one or two of the many, and a handful of permanent makeup salon owners. We know our industry well, as we live it. We respect the laws and abide by them, and we can offer a great deal of help, as well as unbiased ideas for amicably moving forward together. Thank you for taking the time to read, I look forward to hearing back from you. Respectfully, Gabriel Cece • On Thu,Apr 28, 2022 at 9:30 AM Robyn Klein<rkleinvbpc@icloud.com>wrote: Hello: Thank you for taking the time to share your thoughts. This matter is now with City Council and you may reach all members at citycouncil@vbgov.com. Respectfully, Robyn • On Fri, Apr 22, 2022 at 2:09 AM mr.gabrielcece<gabrielcece.11c@gmail.com>wrote: To whom it may concern at the City of Virginia Beach, In contrast to the drafted amendments being proposed,we counter that Tattooing,Body Piercing, Permanent Makeup,and Microblading each receive their own separate designations.As such,each would maintain their individual,respectively different requirements for licensure,through the DPOR,the city of Virginia Beach,the Virginia Beach Zoning Department,Planning and City Councils,the Virginia Beach Business License Department,as well as Virginia Beach Health Department. State law and DPOR regulations do in fact,very clearly stipulate each of these as separate entities, and we are officially requesting the same separations apply to the city of Virginia Beach. Please see links below,to state and DPOR laws,regulations,and codes for reference. As zoning regulations have been modified over recent years in the city of Virginia Beach,tattoo and piercing shops have multiplied at an astronomical rate. The city is already overrun with tattoo and piercing studios,so to loosen regulations any further would only open the flood gates to our industry and community.With more tattoo and/or piercing establishments,we will be open to infinitely more opportunity for disease transmission,potentially unsavory business practices by artists who aren't experienced or knowledgeable enough to run a full studio,and a staggering amount of untethered competition from too many new shops,that will absolutely harm the profitability of those of us who are already here. We strongly disagree with changing any ordinance that would allow for tattoo,piercing,or permanent cosmetic studios to operate outside of the B2 zone(unless approved rezoning of a particular address takes place in accordance with current laws).Adding more zones that tattooing and or piercing studios can operate in at this point in time,would do exactly what it is that Virginia Beach and our neighbor cities have been trying to prevent from happening,for as long as tattooing was legalized again at the Beach in 2002,or before that since it was banned in 1965. City planning commissioners,zoning administrators,the health department,and professional tattoo studios alike, should all have concerns about"the potential for a proliferation of tattoo parlors/body piercing establishments in any single location." Furthermore,in our opinion,the idea of removing the Conditional Use Permit for tattooing, permanent cosmetics,and piercing is another step in the entirely wrong direction,that potentially threatens the sanctity of our trades,will have dire economic consequences for the existing professional traditional tattoo and piercing studios,and could pose severe health risks to the community at large. The tattoo industry is largely self-regulated and self-governed,it always has been,and hopefully will continue to be trusted to carry on in the same way.True professionals go above and beyond to do more than what is required of us by local and state health departments or regulating bodies. If the city of Virginia Beach changes the zoning requirements and drops the CUP,allowing more studios,the VBHD will likely not be able to handle the added workload,to maintain existing standards,and infections or blood borne illnesses are inevitably bound to spread like wildfire. Especially considering that younger tattooers,those who want to open their own shops,long before they've paid their dues and learned all the ins and outs of running a proper business,will be the ones creating problems that don't currently exist,for an already heavily taxed health department. Tattooing and piercing today is a very popular luxury item for people with disposable income,and at our current capacity of professional establishments in Virginia Beach,there are just enough new clients to share the wealth in our community. However,it's a fine line that is about to be crossed, if the floodgates are opened,and more studios are allowed to operate in places that we weren't previously permitted to be,when we all opened. Eventually,the current trend of tattoo popularity will fade,just as it has always ebbed and flowed throughout the long history of tattooing,and when it does,there will be too many shops,without enough clients.At that point,this balance we currently have will be undercut by the need to earn enough money just to stay open,tattooing will be devalued,and unscrupulous business practices will be the norm. We already have more than enough tattoo and piercing studios in Virginia Beach,adding more now,and even more in the future,will not bode well for our successes as independent business owners. With all of this said,I also have to mention the unfairness of this all,to be perfectly honest,it's just not right.Those of us who are here and have been here since before 2021,or 2016,and even way back to 2002 when J.D.Crowe had to sue the city for his right to open a tattoo studio,we've all jumped through many higher hurdles than what newer studios must do. I consider my process to open in 2010 a rite of passage,something I had to earn. I am proud of my accomplishment of opening a tattoo studio in 2010,and its continued success since then,because I worked hard for it, having to overcome all the obstacles in my way.Today,a new tattoo shop has less than half the restrictions and regulations to abide by when finding a location,it's just too easy,so easy that anyone could do it,by practically just throwing a dart at the city map and going to the government complex to file the application. The idea of making it any easier than it already is to open a tattoo or piercing studio,is an insult to those who have already paid their dues and done it all by the preexisting letter of the law. As a middle ground,I suggest that we could sooner get behind the idea of perhaps lowering the CUP application fee,to no less than$1000.00,as opposed to removing the permit completely. If you decide to remove the Conditional Use Permit and the application fee associated with it,without taking our opinions into consideration,you'll find yourself with fifty plus very unhappy existing tattoo and cosmetic studio owners, faced with a wave of new studios to contend and compete with, who I can only assume,might be looking for refunds for the fees we previously paid. In conjunction with the previously mentioned concept of separating tattooing,permanent cosmetics,and microblading,we also move to reinstate the 600-foot boundary between tattoo parlors that was removed in 2021,for the benefit of a cosmetic tattooing salon.By reinstating the 600 feet and separating these distinctly different professions and following Virginia State Law,as well as DPOR regulation,it would allow for what we believe the City Council,Planning Council, and Zoning Board and their constituents what we believe they are after.That being the unfettered access to permanent makeup or surgical cosmetic tattooing,and it would do so without disrupting the delicate balance of traditional parlors that currently coexist peacefully and successfully,in the city we all call home. Allowing cosmetic tattooing services to be provided anywhere that any cosmetologists(hair,nails,tanning,waxing,laser removal,and even dermatology)currently operate,would solve two problems.Not only will cosmetic and surgical tattooing be more readily available as it grows in its own popularity,but the sanctity of traditional tattoo shops will be protected,and our incomes that we have worked so hard to achieve,will not be affected by the infringements of other parlors popping up on every corner,less than 600 feet apart from each other. In closing,we suggest a focus group to further discuss and debate these topics,which should include all of Virginia Beach's tattoo parlor,cosmetic tattooing salon,and piercing studio owners. If you want to know what we think, sending an email out to some,but not all studio owners,isn't a proper,efficient,or fair way to get our input and opinions.As a point of reference,most others I called upon about this,didn't receive any communication about the topic. I can safely assume that more than half of the other shop owners out there in Virginia Beach would tend to agree with my line of thinking on these matters at hand,and their voices deserve to be heard as well. Lastly,I want to thank you for reading my many words,and I hope that I have at the very least convinced you to dive deeper into all the possible negative consequences of the decisions that you are about to make. I am passionate about my craft,I honor the tradition and sacredness of the industry with every tattoo I do,and for every client that walks through our doors,who get their work from any of the other 20 tattooers who call Studio Evolve home.As a professional tattooer of 27 years,and the owner of a business for almost 12 years,I am charged with protecting it, everyone else who tattoos there,and the clients who choose us to do their work,along with my friends and associates,in all of the professional tattoo and piercing studios we share this great City of Virginia Beach with. Respectfully, Gabriel Cece 757.639.5672 The requirements for a tattoo license and tattoo parlor license are established in the Code of Virginia. • Tattoo(practitioner)license-Code of Virginia=54.1-70 -must hold a tattoo license to perform tattooing. • Tattoo Parlor License- Code of Virginia 54.1-704.1 -must hold a tattoo parlor license to operate as a parlor. In 2006,when this program was first regulated,the Board created permanent cosmetic tattooing as a sublicense of tattooing. • Tattoo Regulation 18 VAC 41-50-10 -Definitions -creates a permanent cosmetic tattoo sublicense of tattooing and a permanent cosmetic tattoo salon license that is a sublicense for the tattoo parlor. • These licenses are issued under their respective General Requirements regulations: 18 VAC 41-50-20 (PCT)and 18 VAC 41-50-80 (PCT Salon). Stephen Kirschner Executive Director Board for Barbers and Cosmetology Board for Hearing Aid Specialists and Opticians (804)367-2960 phone Ancient Art 2605 Virginia Beach Blvd#104,Virginia Beach,VA 23452 (757)497-8300 crowe@tattoo-art.com Blue Horse Shoe Tattoo and Piercing 3513 Virginia Beach Blvd,Virginia Beach,VA 23452 1757)486-8286 bluehorseshoevb@gmail.com Virginia Beach Ink 612 Nevan Rd,Virginia Beach,VA 23451 (757)422-1998 virginiabeachink@yahoo.com American Tattoo Art 1721 Laskin Rd,Virginia Beach,VA 23454 757)227-4131 americantattooart@gmail.com Saltwater Tattoo 1479 General Booth Blvd,Virginia Beach,VA 23454 (757)321-0424 saltwatertattoovb@gmail.com Inkcredible Tattoo 1630 General Booth Blvd,Virginia Beach,VA 23454 (757)721-4855 inkcredibletattoo757@gmail.com Whiskey River Tattoo 2135 General Booth Blvd#142,Virginia Beach,VA 23454 757)301-8981 whiskeyrivertattoo@gmail.com Sandbridge Tattoo 2336 Elson Green Ave Ste 108,Virginia Beach,VA 23456 (757)427-0314 sbtattoobooking@gmail.com Ink Gallery 2333 Virginia Beach Blvd,Virginia Beach,VA 23454 7571 486-4658 vbinkgallerv@gmail.com Ghost Ship Tattoo 515 London Bridge Rd,Virginia Beach,VA 23454 7571 486-2137 ghostshipimages@gmail.com The Collective 2720 North Mall Dr Ste 116,Virginia Beach,VA 23452 (757)963-2099 ninjas@collectivetattoovb.com Sacred Daggers 3972 Holland Rd Ste 125,Virginia Beach,VA 23452 (757)963-2566 jax@sacreddaggers.com Alliance Tattoo 3157 Virginia Beach Blvd#106,Virginia Beach,VA 23452 757)226-9970 info@alliancetattoova.com Supreme Styles 172 S Plaza Trl Unit F,Virginia Beach,VA 23452 7571 277-1348 carmvne26@gmail.com Buoy Tattoo 2973 Shore Dr Ste 108,Virginia Beach,VA 23451 757)961-6688 buoytattoo@gmail.com Quill and Talon 5314 Providence Rd,Virginia Beach,VA 23464 2671 354-1476 quillandtalontattoo@gmail.com Studio Evolve 512 S INDEPENDENCE BLVD STE 200 757-639-5672 Studioevolve.11c@gmail.com Red 5 829 Lvnnhaven Pkwv,Virginia Beach,VA 23452• 7571 644-6484 topshelfartllc@gmail.com Cleveland St 4978 Cleveland St,Virginia Beach,VA 23462 757)309-4944 vb757tattoo@gmail.com Copper Fox 5759 Princess Anne Rd,Virginia Beach,VA 23462• 7571 321-1133 copperfoxtg@gmail.com Body Bar(Piercing) 701 lynnhaven parkway#H08 virginia beach va 23510 757)402-3826 bodvbardeluxe@gmail.com Kiva(piercing) 2024 Atlantic Ave,Virginia Beach,VA 23451 757-705-6983 kivafinelewelry@gmail.com Matriarch Gallery of Body Enhancements 3590 Holland Rd.Suite 100 VA Beach,VA 23452 757-256-8919 matriarchtattoo@gmail.com Greyscale Tattoo 265 Jersey Ave,#106 Virginia Beach,VA 23462 757-904-5303 greyscaletattoogallerv@gmail.com ___. ] Name DBA Name Street Address E-Mail Phone# 4239 HOLLAND RD STE ANGEL NAILS BY CANDY LLC 744 mimitysa@yahoo.com 757-495-4800 I2955 VIRGINIA BEACH CHERI YVETTE HUGHES CHERIS SKIN&NAIL BOUTIQUE BLVD STE 104 4lashes.ch@gmail.com 757-313-2247 ADVANCED PERMANENT MAKEUP 5241 PRINCESS ANNE DANIELLE CHRISTINE GOOD INSTITUTE RD tattooyoubeautiful@outlook.com 757-762-8346 1725 LASKIN RD APT `ENVY NAILS LLC 543 caravu@yahoo.com 757-754-7260 EYE CANDY LASH BOUTIQUE 2085 LYNNHAVEN INC. EYE CANDY LASH BOUTIQUE PKWY STE 106-428 eyecandylashes4u@gmail.com 757-343-1009 COSMETIC SURGERY CENTER FOR 328 LOUISA AVE STE JOANNE M LOPES MD PC WOMEN 110 revitalize@drjoannelopes.com 757-497-5400 JUST BROWSING LLC 2824 WIIGWAAS LN jfobear@gmail.com 757-803-2215 LILY'S SPA ROOM LLC LILY'S SPA ROOM 5221 ORDSALL PLACE lilysparoom@gmail.com 757-650-9442 MIRACLE BEAUTY AND NAILS 3420 HOLLAND RD STE LOTUS MIRACLE INC ACADEMY 102/112 oanhdangva@gmail.com 757-559-8009 4604 PEMBROKE LAKE LUXD BEAUTY STUDIO INC LUXD BEAUTY STUDIO CIR STE 105 luxdbeauty@yahoo.com 757-462-0910 2137 UPTON DR STE SHARON CHAY SHARON CHAY COSMETIC TATTOO 314 sharon.chay@mac.com 757-679-4422 sweetfacemakeupartist@gmail.co SWEET FACE LLC 901 CANTERWOOD CT m 757-412-9394 THE GLAM LIFE BEAUTY BAR 4663 HAYGOOD RD LLC GLAM LIFE BEAUTY BAR #207 info@theglamlifebeautybar.com 757-589-9481 THE MAKEUP SCHOOL BY SARAH RILLON LLC TMSSR 620 VILLAGE DR sarah@themakeupschoolsr.com 757-672-9300 2033 FISHER ARCH STE VOGUE LASHES&SPA LLC VOGUE LASHES&SPA 140 voguelashesandspa@gmail.com 757-839-1682 VIVA SKIN SPA LLC 4129 PERIDOT DRIVE VIRGINIA BEACH vivaskinspava@gmail.com 757-676-2106 LEE PASQUALE HAIR 1618 Hilltop West Shopping Center salon.leepasquale@gmail.com 757 491 0000 Athena Ink LLC 522 South Independence Boulevard suite 105 757-754-7085 Ivy Glam Beauty Bar 4724 Virginia Beach Boulevard,Virginia Beach IvyGlamBeautyBar@gmail.com 757-937-8696 Hannah M. Sabo From: Fuchs <carlfsf@hotmail.com> Sent: Friday,April 22,2022 5:46 PM To: Hannah M. Sabo Subject: Tattoo Zoning Amendment CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern at the City of Virginia Beach, In contrast to the drafted amendments being proposed,we counter that Tattooing, Body Piercing, Permanent Makeup,and Microblading each receive their own separate designations. As such,each would maintain their individual,respectively different requirements for licensure,through the DPOR, the city of Virginia Beach,the Virginia Beach Zoning Department,Planning and City Councils,the Virginia Beach Business License Department, as well as Virginia Beach Health Department. State law and DPOR regulations do in fact,very clearly stipulate each of these as separate entities, and we are officially requesting the same separations apply to the city of Virginia Beach. Please see links below,to state and DPOR laws,regulations,and codes for reference. As zoning regulations have been modified over recent years in the city of Virginia Beach,tattoo and piercing shops have multiplied at an astronomical rate. The city is already overrun with tattoo and piercing studios, so to loosen regulations any further would only open the flood gates to our industry and community. With more tattoo and/or piercing establishments,we will be open to infinitely more opportunity for disease transmission,potentially unsavory business practices by artists who aren't experienced or knowledgeable enough to run a full studio,and a staggering amount of untethered competition from too many new shops,that will absolutely harm the profitability of those of us who are already here. We strongly disagree with changing any ordinance that would allow for tattoo, piercing,or permanent cosmetic studios to operate outside of the B2 zone(unless approved rezoning of a particular address takes place in accordance with current laws).Adding more zones that tattooing and or piercing studios can operate in at this point in time,would do exactly what it is that Virginia Beach and our neighbor cities have been trying to prevent from happening, for as long as tattooing was legalized again at the Beach in 2002,or before that since it was banned in 1965. City planning commissioners,zoning administrators,the health department,and professional tattoo studios alike, should all have concerns about"the potential for a proliferation of tattoo parlors/body piercing establishments in any single location." Furthermore, in our opinion,the idea of removing the Conditional Use Permit for tattooing, permanent cosmetics,and piercing is another step in the entirely wrong direction,that potentially threatens the sanctity of our trades, will have dire economic consequences for the existing professional traditional tattoo and piercing studios, and could pose severe health risks to the community at large. The tattoo industry is largely self-regulated and self-governed, it always has been, and hopefully will continue to be trusted to carry on in the same way. True professionals go above and beyond to do more than what is required of us by local and state health departments or regulating bodies. If the city 1 of Virginia Beach changes the zoning requirements and drops the CUP,allowing more studios,the VBHD will likely not be able to handle the added workload,to maintain existing standards,and infections or blood borne illnesses are inevitably bound to spread like wildfire. Especially considering that younger tattooers,those who want to open their own shops, long before they've paid their dues and learned all the ins and outs of running a proper business,will be the ones creating problems that don't currently exist,for an already heavily taxed health department. Tattooing and piercing today is a very popular luxury item for people with disposable income, and at our current capacity of professional establishments in Virginia Beach,there are just enough new clients to share the wealth in our community. However, it's a fine line that is about to be crossed, if the floodgates are opened,and more studios are allowed to operate in places that we weren't previously permitted to be,when we all opened.Eventually,the current trend of tattoo popularity will fade,just as it has always ebbed and flowed throughout the long history of tattooing, and when it does,there will be too many shops,without enough clients.At that point,this balance we currently have will be undercut by the need to earn enough money just to stay open,tattooing will be devalued, and unscrupulous business practices will be the norm.We already have more than enough tattoo and piercing studios in Virginia Beach,adding more now,and even more in the future,will not bode well for our successes as independent business owners. With all of this said,I also have to mention the unfairness of this all,to be perfectly honest, it's just not right. Those of us who are here and have been here since before 2021,or 2016,and even way back to 2002 when J.D.Crowe had to sue the city for his right to open a tattoo studio,we've all jumped through many higher hurdles than what newer studios must do. I consider my process to open in 2010 a rite of passage, something I had to earn. I am proud of my accomplishment of opening a tattoo studio in 2010, and its continued success since then, because I worked hard for it,having to overcome all the obstacles in my way. Today,a new tattoo shop has less than half the restrictions and regulations to abide by when finding a location, it's just too easy, so easy that anyone could do it,by practically just throwing a dart at the city map and going to the government complex to file the application. The idea of making it any easier than it already is to open a tattoo or piercing studio, is an insult to those who have already paid their dues and done it all by the preexisting letter of the law.As a middle ground, I suggest that we could sooner get behind the idea of perhaps lowering the CUP application fee,to no less than$1000.00,as opposed to removing the permit completely. If you decide to remove the Conditional Use Permit and the application fee associated with it,without taking our opinions into consideration,you'll find yourself with fifty plus very unhappy existing tattoo and cosmetic studio owners,faced with a wave of new studios to contend and compete with, who I can only assume,might be looking for refunds for the fees we previously paid. In conjunction with the previously mentioned concept of separating tattooing,permanent cosmetics, and microblading,we also move to reinstate the 600-foot boundary between tattoo parlors that was removed in 2021, for the benefit of a cosmetic tattooing salon. By reinstating the 600 feet and separating these distinctly different professions and following Virginia State Law, as well as DPOR regulation, it would allow for what we believe the City Council, Planning Council, and Zoning Board and their constituents what we believe they are after. That being the unfettered access to permanent makeup or surgical cosmetic tattooing, and it would do so without disrupting the delicate balance of traditional parlors that currently coexist peacefully and successfully, in the city we all call home. Allowing cosmetic tattooing services to be provided anywhere that any cosmetologists(hair,nails, tanning,waxing, laser removal, and even dermatology)currently operate,would solve two problems. Not only will cosmetic and surgical tattooing be more readily available as it grows in its own popularity,but the sanctity of traditional tattoo shops will be protected,and our incomes that we have worked so hard to achieve,will not be affected by the infringements of other parlors popping up on every corner, less than 600 feet apart from each other. 2 In closing,we suggest a focus group to further discuss and debate these topics,which should include all of Virginia Beach's tattoo parlor, cosmetic tattooing salon, and piercing studio owners. If you want to know what we think, sending an email out to some, but not all studio owners, isn't a proper, efficient, or fair way to get our input and opinions. As a point of reference, most others I called upon about this, didn't receive any communication about the topic. I can safely assume that more than half of the other shop owners out there in Virginia Beach would tend to agree with my line of thinking on these matters at hand, and their voices deserve to be heard as well. Lastly, I want to thank you for reading my many words, and I hope that I have at the very least convinced you to dive deeper into all the possible negative consequences of the decisions that you are about to make. I am passionate about my craft, I honor the tradition and sacredness of the industry with every tattoo I do, and for every client that walks through our doors,who get their work from any of the other 20 tattooers who call Studio Evolve home. As a professional tattooer of 27 years, and the owner of a business for almost 12 years, I am charged with protecting it, everyone else who tattoos there, and the clients who choose us to do their work, along with my friends and associates, in all of the professional tattoo and piercing studios we share this great City of Virginia Beach with. Respectfully, Carl Fuchs Owner Red Five Tattoo 829 Lynnhaven Pkwy Ste 121 Virginia Beach VA 23452 757-644-6484 3 Hannah M. Sabo From: Christopher Bowman <bhstattoo@icloud.com> Sent: Friday, April 22, 2022 9:12 PM To: Hannah M. Sabo Subject: Conditional use permit for tattooing in the city of Virginia Beach CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern at the City of Virginia Beach, My name is Christopher Bowman.And I I am president of blue horseshoe tattoo and body piercing.We have multiple locations within the city of Virginia Beach. I was key in the legalization tattoo in Hampton roads and was also selected to be part of The committee that wrote all of the regulations and testing for DPOR in DoneEden Florida for the state of Virginia.Myself as well as many other tattoo artist in the community have great concern with your proposed changes. In contrast to the drafted amendments being proposed,we counter that Tattooing, Body Piercing, Permanent Makeup,and Microblading each receive their own separate designations.As such,each would maintain their individual,respectively different requirements for licensure,through the DPOR,the city of Virginia Beach,the Virginia Beach Zoning Department,Planning and City Councils,the Virginia Beach Business License Department,as well as Virginia Beach Health Department. State law and DPOR regulations do in fact,very clearly stipulate each of these as separate entities,and we are officially requesting the same separations apply to the city of Virginia Beach. Please see links below,to state and DPOR laws,regulations,and codes for reference. As zoning regulations have been modified over recent years in the city of Virginia Beach,tattoo and piercing shops have multiplied at an astronomical rate.The city is already overrun with tattoo and piercing studios,so to loosen regulations any further would only open the flood gates to our industry and community.With more tattoo and/or piercing establishments,we will be open to infinitely more opportunity for disease transmission,potentially unsavory business practices by artists who aren't experienced or knowledgeable enough to run a full studio,and a staggering amount of untethered competition from too many new shops,that will absolutely harm the profitability of those of us who are already here. We strongly disagree with changing any ordinance that would allow for tattoo,piercing,or permanent cosmetic studios to operate outside of the B2 zone (unless approved rezoning of a particular address takes place in accordance with current laws).Adding more zones that tattooing and or piercing studios can operate in at this point in time,would do exactly what it is that Virginia Beach and our neighbor cities have been trying to prevent from happening,for as long as tattooing was legalized again at the Beach in 2002,or before that since it was banned in 1965.City planning commissioners,zoning administrators,the health department,and professional tattoo studios alike,should all have concerns about"the potential for a proliferation of tattoo parlors/body piercing establishments in any single location." Furthermore,in our opinion,the idea of removing the Conditional Use Permit for tattooing,permanent cosmetics,and piercing is another step in the entirely wrong direction,that potentially threatens the sanctity of our trades,will have dire economic consequences for the existing professional traditional tattoo and piercing studios,and could pose severe health risks to the community at large. The tattoo industry is largely self-regulated and self-governed,it always has been,and hopefully will continue to be trusted to carry on in the same way.True professionals go above and beyond to do more than what is required of us by local and state health departments or regulating bodies. If the city of Virginia 1 Beach changes the zoning requirements and drops the CUP,allowing more studios,the VBHD will likely not be able to handle the added workload,to maintain existing standards,and infections or blood borne illnesses are inevitably bound to spread like wildfire.Especially considering that younger tattooers,those who want to open their own shops,long before they've paid their dues and learned all the ins and outs of running a proper business,will be the ones creating problems that don't currently exist,for an already heavily taxed health department. Tattooing and piercing today is a very popular luxury item for people with disposable income,and at our current capacity of professional establishments in Virginia Beach,there are just enough new clients to share the wealth in our community.However,it's a fine line that is about to be crossed,if the floodgates are opened,and more studios are allowed to operate in places that we weren't previously permitted to be, when we all opened.Eventually,the current trend of tattoo popularity will fade,just as it has always ebbed and flowed throughout the long history of tattooing,and when it does,there will be too many shops, without enough clients.At that point,this balance we currently have will be undercut by the need to earn enough money just to stay open,tattooing will be devalued,and unscrupulous business practices will be the norm.We already have more than enough tattoo and piercing studios in Virginia Beach,adding more now,and even more in the future,will not bode well for our successes as independent business owners. With all of this said,I also have to mention the unfairness of this all,to be perfectly honest,it's just not right.Those of us who are here and have been here since before 2021,or 2016,and even way back to 2002 when J.D.Crowe had to sue the city for his right to open a tattoo studio,we've all jumped through many higher hurdles than what newer studios must do.I consider my process to open in 2010 a rite of passage, something I had to earn.I am proud of my accomplishment of opening a tattoo studio in 2010,and its continued success since then,because I worked hard for it,having to overcome all the obstacles in my way. Today,a new tattoo shop has less than half the restrictions and regulations to abide by when finding a location,it's just too easy,so easy that anyone could do it,by practically just throwing a dart at the city map and going to the government complex to file the application. The idea of making it any easier than it already is to open a tattoo or piercing studio,is an insult to those who have already paid their dues and done it all by the preexisting letter of the law.As a middle ground,I suggest that we could sooner get behind the idea of perhaps lowering the CUP application fee,to no less than$1000.00,as opposed to removing the permit completely. If you decide to remove the Conditional Use Permit and the application fee associated with it,without taking our opinions into consideration,you'll find yourself with fifty plus very unhappy existing tattoo and cosmetic studio owners,faced with a wave of new studios to contend and compete with,who I can only assume,might be looking for refunds for the fees we previously paid. In conjunction with the previously mentioned concept of separating tattooing,permanent cosmetics,and microblading,we also move to reinstate the 600-foot boundary between tattoo parlors that was removed in 2021,for the benefit of a cosmetic tattooing salon.By reinstating the 600 feet and separating these distinctly different professions and following Virginia State Law,as well as DPOR regulation,it would allow for what we believe the City Council,Planning Council,and Zoning Board and their constituents what we believe they are after.That being the unfettered access to permanent makeup or surgical cosmetic tattooing,and it would do so without disrupting the delicate balance of traditional parlors that currently coexist peacefully and successfully,in the city we all call home.Allowing cosmetic tattooing services to be provided anywhere that any cosmetologists (hair,nails,tanning,waxing,laser removal,and even dermatology) currently operate,would solve two problems. Not only will cosmetic and surgical tattooing be more readily available as it grows in its own popularity,but the sanctity of traditional tattoo shops will be protected,and our incomes that we have worked so hard to achieve,will not be affected by the infringements of other parlors popping up on every corner,less than 600 feet apart from each other. In closing,we suggest a focus group to further discuss and debate these topics,which should include all of Virginia Beach's tattoo parlor,cosmetic tattooing salon,and piercing studio owners.If you want to know what we think,sending an email out to some,but not all studio owners,isn't a proper,efficient,or fair way 2 to get our input and opinions.As a point of reference,most others I called upon about this,didn't receive any communication about the topic.I can safely assume that more than half of the other shop owners out there in Virginia Beach would tend to agree with my line of thinking on these matters at hand,and their voices deserve to be heard as well. Lastly, I want to thank you for reading my many words,and I hope that I have at the very least convinced you to dive deeper into all the possible negative consequences of the decisions that you are about to make. I am passionate about my craft,I honor the tradition and sacredness of the industry with every tattoo I do, and for every client that walks through our doors,who get their work from any of the other 20 tattooers who call Studio Evolve home.As a professional tattooer of 27 years,and the owner of a business for almost 12 years,I am charged with protecting it,everyone else who tattoos there,and the clients who choose us to do their work,along with my friends and associates,in all of the professional tattoo and piercing studios we share this great City of Virginia Beach with. Sincerely yours Christopher J Bowman. President of blue horseshoe tattoo. 757-635-6022 Sent from my iPhone 3 Hannah M. Sabo From: Ben Johnson <virginiabeachink@yahoo.com> Sent: Friday, April 22, 2022 10:14 PM To: Hannah M. Sabo Subject: Zoning Code Amendment for Tattoo Studios CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Sir, My name is Benjamin Johnson and I'm the owner of a local tattoo shop in Virginia Beach. It has come to my attention that the stipulation requirements for the application process is in talks to being changed. I opened my shop 14 years ago and I truly felt that the process was very strenuous. I felt that I had to put my blood sweat in tears into having the city of Virginia Beach to believe in me for a business that was and is still frowned upon.And to think that the planning commission would even consider doing away with a conditional use permit as well as zoning requirements, will just open up the flood gates for such businesses. There has to be an agenda behind this potential decision that would only benefit the city, while causing turmoil within the tattoo industry. Checks and balances need to work on both ends and not make an already challenging industry a free for all. I'm sure you're already getting a load of emails that voice a major concern of these potential changes and I would concur with every one of them. Please do the right thing and see it our way Respectfully, Ben Johnson 1 Hannah M. Sabo From: Jason Adkins <jasonadkinstattoo@gmail.com> Sent: Friday, April 22, 2022 10:40 PM To: Hannah M. Sabo; Robert "Bobby" J. Tajan; rKleinVBPC@icloud.com; dweinercvbpc@icloud.com; jwallvbpc@icloud.com; dredmondvbpc@icloud.com; bfrankenfieldvbpc@icloud.com; gAlcarazVBPC@icloud.com; dBradleyVBPC@icloud.com;jCostonVBPC@icloud.com; hCuellarPCCC@icloud.com; dhorsleyvbpc@icloud.com; dolivervbpc@icloud.com Subject: City Zoning Amendment for Tattoo Parlors CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom it May Concern: My name is Jason Adkins, and I am the owner of Alliance Tattoo in Virginia Beach. I have been a tattoo artist in Virginia Beach for 8 years and have been tattooing for a total of 26 years. My experience has primarily spanned along the East Coast of the United States and several European countries to include England and Germany. After conferring with the artists at my establishment, we have agreed that tattooing, body piercing, permanent makeup, and micro blading should receive their own separate designations as the services are mutually exclusive. We are requesting that the City of Virginia Beach align their regulations of each of these entities as separate as do both the State Law and DPOR for consistency. With regards to the ordinance to allow for tattoo, piercing, and permanent cosmetic businesses to operate outside of the perimeters of the B2 Zone, we believe this will be unfair and a costly error for not just the tattoo establishments but also for other VB City agencies. The current tattoo establishments in Virginia Beach are primarily owned by nationally and/or world renowned tattoo artists with community ties and upstanding reputations. These positions within the community were not established immediately as they have taken time. The respect has had to be earned from the community for a business that already comes with a stigma. Opening the flood gates to allow anyone to open a tattoo business has the potential to negatively impact the positive reputation many of us have worked decades to build. An artist must be dedicated to his craft and determined to open a tattoo business in Virginia Beach due to the restrictions and guidelines. This naturally thins the herd of less desirable artwork and negative behaviors this profession has unfortunately been linked to in the past. Taking those restrictions away makes it much easier to open a business, hence, the quality of art work and work ethics will decline on the mass pop-up shops that will emerge. When you take away restrictions and requirements, things become easier to do (opening up a tattoo business), and things become easier to get (a tattoo license). Given needles, skin, and bodily fluids are involved, all of the new businesses that will be opening will need to be monitored by the Health Department. What are the city's plans for budgeting and adding positions to closely monitor these new shops and artists? There will be MANY owners of shops that do not know how to tattoo or have a tattoo license if you pass this ordinance, so the health of their customers ultimately falls on the city. Thank you, 1 Jason Adkins 757-226-9970 Sent from my iPhone 2 Hannah M. Sabo From: Michael Rickards <mwrrgr@yahoo.com> Sent: Friday, April 22, 2022 10:53 PM To: Hannah M. Sabo; Robert "Bobby" J.Tajan; rKleinVBPC@icloud.com; dweinercvbpc@icloud.com; jwallvbpc@icloud.com; dredmondvbpc@icloud.com; bfrankenfieldvbpc@icloud.com; gAlcarazVBPC@icloud.com; dBradleyVBPC@icloud.com;jCostonVBPC@icloud.com; hCuellarPCCC@icloud.com; dhorsleyvbpc@icloud.com; dolivervbpc@icloud.com Subject: City Zoning Code Amendment for Tattoo Parlors LCAUTION-This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening, I was just brought aware of the possible changes that Virginia Beach City Council has just spoken upon. I, Michael Rickards, a tattoo artist and owner of Saltwater Tattoo believe that a meeting should be held to discuss the possible adjustments. This meeting should include the business owners and discuss the negative aspects of changing the codes. Respectfully, Michael Rickards 7576794263 1 Hannah M. Sabo From: kat3869@gmail.com Sent: Saturday, April 23, 2022 9:24 AM To: Hannah M. Sabo; Robert "Bobby" J.Tajan; rKleinVBPC@icloud.com; dweinercvbpc@icloud.com; jwallvbpc@icloud.com; dredmondvbpc@icloud.com; bfrankenfieldvbpc@icloud.com; gAlcarazVBPC@icloud.com; dBradleyVBPC@icloud.com;jCostonVBPC@icloud.com; hCuellarPCCC@icloud.com; dhorsleyvbpc@icloud.com; dolivervbpc@icloud.com Subject: I disagree with that tattoo changes. CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern at the City of Virginia Beach, In contrast to the drafted amendments being proposed,we counter that Tattooing, Body Piercing, Permanent Makeup, and Microblading each receive their own separate designations. As such, each would maintain their individual, respectively different requirements for licensure,through the DPOR,the city of Virginia Beach,the Virginia Beach Zoning Department, Planning and City Councils,the Virginia Beach Business License Department, as well as Virginia Beach Health Department. State law and DPOR regulations do in fact,very clearly stipulate each of these as separate entities, and we are officially requesting the same separations apply to the city of Virginia Beach. Please see links below,to state and DPOR laws, regulations, and codes for reference. As zoning regulations have been modified over recent years in the city of Virginia Beach,tattoo and piercing shops have multiplied at an astronomical rate.The city is already overrun with tattoo and piercing studios, so to loosen regulations any further would only open the flood gates to our industry and community. With more tattoo and/or piercing establishments,we will be open to infinitely more opportunity for disease transmission, potentially unsavory business practices by artists who aren't experienced or knowledgeable enough to run a full studio, and a staggering amount of untethered competition from too many new shops,that will absolutely harm the profitability of those of us who are already here. We strongly disagree with changing any ordinance that would allow for tattoo, piercing, or permanent cosmetic studios to operate outside of the B2 zone(unless approved rezoning of a particular address takes place in accordance with current laws). Adding more zones that tattooing and or piercing studios can operate in at this point in time,would do exactly what it is that Virginia Beach and our neighbor cities have been trying to prevent from happening,for as long as tattooing was legalized again at the Beach in 2002, or before that since it was banned in 1965. City planning commissioners, zoning administrators,the health department, and professional tattoo studios alike,should all have concerns about "the potential for a proliferation of tattoo parlors/body piercing establishments in any single location." Furthermore, in our opinion,the idea of removing the Conditional Use Permit for tattooing, permanent cosmetics, and piercing is another step in the entirely wrong direction,that potentially threatens the sanctity of our trades, will have dire economic consequences for the existing professional traditional tattoo and piercing studios, and could pose severe health risks to the community at large. The tattoo industry is largely self-regulated and self-governed, it always has been, and hopefully will continue to be trusted to carry on in the same way.True professionals go above and beyond to do more than what is required of us by 1 local and state health departments or regulating bodies. If the city of Virginia Beach changes the zoning requirements and drops the CUP, allowing more studios,the VBHD will likely not be able to handle the added workload,to maintain existing standards, and infections or blood borne illnesses are inevitably bound to spread like wildfire. Especially considering that younger tattooers,those who want to open their own shops, long before they've paid their dues and learned all the ins and outs of running a proper business,will be the ones creating problems that don't currently exist, for an already heavily taxed health department. Tattooing and piercing today is a very popular luxury item for people with disposable income, and at our current capacity of professional establishments in Virginia Beach,there are just enough new clients to share the wealth in our community. However, it's a fine line that is about to be crossed, if the floodgates are opened, and more studios are allowed to operate in places that we weren't previously permitted to be,when we all opened. Eventually,the current trend of tattoo popularity will fade,just as it has always ebbed and flowed throughout the long history of tattooing, and when it does,there will be too many shops,without enough clients.At that point,this balance we currently have will be undercut by the need to earn enough money just to stay open,tattooing will be devalued, and unscrupulous business practices will be the norm. We already have more than enough tattoo and piercing studios in Virginia Beach, adding more now, and even more in the future,will not bode well for our successes as independent business owners. With all of this said, I also have to mention the unfairness of this all,to be perfectly honest, it's just not right.Those of us who are here and have been here since before 2021, or 2016, and even way back to 2002 when J.D.Crowe had to sue the city for his right to open a tattoo studio,we've all jumped through many higher hurdles than what newer studios must do. I consider my process to open in 2010 a rite of passage, something I had to earn. I am proud of my accomplishment of opening a tattoo studio in 2010, and its continued success since then, because I worked hard for it, having to overcome all the obstacles in my way.Today, a new tattoo shop has less than half the restrictions and regulations to abide by when finding a location, it's just too easy, so easy that anyone could do it, by practically just throwing a dart at the city map and going to the government complex to file the application. The idea of making it any easier than it already is to open a tattoo or piercing studio, is an insult to those who have already paid their dues and done it all by the preexisting letter of the law. As a middle ground, I suggest that we could sooner get behind the idea of perhaps lowering the CUP application fee,to no less than $1000.00, as opposed to removing the permit completely. If you decide to remove the Conditional Use Permit and the application fee associated with it,without taking our opinions into consideration,you'll find yourself with fifty plus very unhappy existing tattoo and cosmetic studio owners,faced with a wave of new studios to contend and compete with,who I can only assume, might be looking for refunds for the fees we previously paid. In conjunction with the previously mentioned concept of separating tattooing, permanent cosmetics, and microblading, we also move to reinstate the 600-foot boundary between tattoo parlors that was removed in 2021,for the benefit of a cosmetic tattooing salon. By reinstating the 600 feet and separating these distinctly different professions and following Virginia State Law, as well as DPOR regulation, it would allow for what we believe the City Council, Planning Council, and Zoning Board and their constituents what we believe they are after. That being the unfettered access to permanent makeup or surgical cosmetic tattooing, and it would do so without disrupting the delicate balance of traditional parlors that currently coexist peacefully and successfully, in the city we all call home. Allowing cosmetic tattooing services to be provided anywhere that any cosmetologists (hair, nails,tanning,waxing, laser removal, and even dermatology) currently operate,would solve two problems. Not only will cosmetic and surgical tattooing be more readily available as it grows in its own popularity, but the sanctity of traditional tattoo shops will be protected, and our incomes that we have worked so hard to achieve,will not be affected by the infringements of other parlors popping up on every corner, less than 600 feet apart from each other. In closing, we suggest a focus group to further discuss and debate these topics,which should include all of Virginia Beach's tattoo parlor, cosmetic tattooing salon, and piercing studio owners. If you want to know what we think, sending an email out to some, but not all studio owners, isn't a proper, efficient, or fair way to get our input and opinions.As a point of reference, most others I called upon about this, didn't receive any communication about the topic. I can safely 2 assume that more than half of the other shop owners out there in Virginia Beach would tend to agree with my line of thinking on these matters at hand, and their voices deserve to be heard as well. Lastly, I want to thank you for reading my many words, and I hope that I have at the very least convinced you to dive deeper into all the possible negative consequences of the decisions that you are about to make. I am passionate about my craft, I honor the tradition and sacredness of the industry with every tattoo I do, and for every client that walks through our doors, who get their work from any of the other 20 tattooers who call Copper Fox Tattoo Gallery home. As a professional tattooer of 5 years, piercer for 7 and the owner of businesses for almost 9 years, I am charged with protecting it, everyone else who tattoos there, and the clients who choose us to do their work, along with my friends and associates, in all of the professional tattoo and piercing studios we share this great City of Virginia Beach with. Respectfully, Katie Schemmel 757.777.5928 Sent from my iPhone 3 From: Cooper Fox To: Hannah M.Sabo; Robert"Bobby"J.Tajan;rKleinVBPCnicloud.com;dweinercvbpcCiicloud.com; iwallvboc(dicloud.com;dredmondvbpc@icloud.com; bfrankenfieldvbocC&icloud.com;oAlcarazVBPC(Thicloud.com; dBradleyVBPCicloud.com;iCostonVBPC@icloud.com; hCuellarPCCC(&icloud.com;dhorsleyvbpcicloud.com; dolivervboc( icloud.com Subject: No changes please. Date: Saturday,April 23,2022 9:26:07 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. We would prefer nothing to change in regards to the tattoo and piercing industry Sent from my iPhone Hannah M. Sabo From: vall iant <valliantarts@yahoo.com> Sent: Saturday,April 23, 2022 12:00 AM To: Hannah M. Sabo; Robert "Bobby" J.Tajan; rKleinVBPC@icloud.com; dweinercvbpc@icloud.com; jwallvbpc@icloud.com; dredmondvbpc@icloud.com; bfrankenfieldvbpc@icloud.com; gAlcarazVBPC@icloud.com; dBradleyVBPC@icloud.com;jCostonVBPC@icloud.com; hCuellarPCCC@icloud.com; dhorsleyvbpc@icloud.com; dolivervbpc@icloud.com Subject: City Zoning Code Amendment for Tattoo Parlors CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, my name is John Vallaster, and I am one of the owners of Quill and Talon Tattoo Syndicate in Virginia Beach. I am writing in regards to an email i did not receive from any of you, but instead a fellow tattooer Gabriel Cece. In said email, you are proposing that the zoning be changed for new tattoo studios, that fees be adjusted/reduced for new tattoo studios, and that we lift the distance restrictions between tattoo studios all together. While i can appreciate proposals, I am not a fan of being excluded from the possibility of having a say, and the last minute nature of what is going on here raises a lot of red flags. Needless to say, without further review and and time to scrutinize, I am not in favor of what is being proposed. I appreciate the opportunities that have been afforded to me by the city of Virginia Beach, only want to help protect the sanctity of a business i love. hope all is well in your world, John Vallaster 1 Hannah M. Sabo From: The Lash CEO <thelashceo@gmail.com> Sent: Thursday,April 14, 2022 10:17 PM To: Hannah M. Sabo Subject: Re:City Zoning Code Amendment for Tattoo Parlors Attachments: image001 jpg CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you!This is wonderful news. Hannah M. Sabo From: Advanced Permanent Makeup Institute <tattooyoubeautiful@gmail.com> Sent: Sunday, April 17, 2022 1:22 AM To: Hannah M. Sabo Subject: Re: City Zoning Code Amendment for Tattoo Parlors Attachments: image001.jpg CAUTION'This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. For the Permanent Makeup Industry it is imperative that zoning for Tattoo Parlors to be allowed where beauty sals and spas are allowed.This would be where personal services, beauty and barber shops are. B-1, b-2, B-3, B-4 and B-4 mixed. Office zones would be great to for the more medical pmu. I am an instructor at a DPOR APPROVED school. 80%of my graduated students over the last 5 years. Have been unable to work legally and to my concern this is unethical. Please feel free to call me if you may have questions. Danielle at Advanced Permanent Makeup Institute Hannah M. Sabo From: lloyd dobler <tidewatertattooandpiercing.lic@gmail.com> Sent: Thursday,June 16, 2022 2:22 AM To: Rosemary C.Wilson; Michael Berlucchi; anna.reed@vdh.virginia.gov; Hannah M. Sabo Subject: Meeting Request Attachments: 2.municode.regs.edited.docx; 1.all.the.codes.edited.docx CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Goodmorning Vice Mayor Wilson, Councilman Berlucchi, Ms.Reed, and Ms.Sabo, As per my last telephone conversation with Councilman Berlucchi, I am following up in attempt to set a meeting in the near future,to discuss our objections to the removal of the Conditional Use Permit for tattooing, potential changes to the zoning rules,the separation of Permanent Cosmetic Tattooing from Traditional Tattooing, and a general editing or updating of the City of Virginia Beach's code for Tattooing, Piercing, and Permanent Cosmetics. When we spoke, Councilman Berlucchi informed me that the agenda item introduced to remove the Conditional Use Permit for tattooing would be deferred next week, on Tuesday the 21st,and that he would like to meet with us in July, to discuss next steps. In the first attached document,you will find the existing codes of the City of Virginia Beach with our disagreements and suggestions embedded in them, along with questions and supporting information contained therein. In the second document,you will find the same codes edited to reflect what we believe they should look like today, in 2022, as opposed to when they were written 20 years ago. We now understand that the City of Virginia Beach cannot currently separate Permanent Cosmetics from traditional Tattooing, as we learned at the May Planning Council meeting. However, I did not remove that request from the document, as we have been in touch with our city legislators and state delegates to address our concerns. We are awaiting responsive action, and hope to be able to move forward with our initiative as soon as possible. With that in mind,we ask that you indefinitely defer any changes to any CUP or Zoning regulations or codes, at least until we can do our work with those who write the laws for the State. In the meantime,we look forward to working with you at the City Council,the Health Department, and Zoning Department, in order to edit and update our current laws,codes, and regulations,to better suit the Tattooing and Piercing Industry in current times,for the foreseeable future. I will be most available July 5th through 8th, or July 15th, and July 18th through 20th, I will be out of town July 21st through 31st. However, if a meeting needs to happen on July 1st, or 11th through 14th, I can likely accommodate, as long as I have enough time to secure childcare beforehand. If none of the suggested dates work for you, we can surely look at the month of August. Thank you for taking the time to read my email and the attachments, we appreciate your assistance, and look forward to working with you all very soon. Kind regards, Gabriel Cece 757.639.5672 I. Tidewater Tattoo and Piercing Coalition, LLC Studio Evolve, LLC 2 Sec. 242.1.Tattoo parlors and body piercing establishments. Tattoo parlors and body piercing establishments shall be permitted only as conditional uses in the B-2 Community Business District, and,tattoo parlors and body piercing establishments shall be subject to the requirements pertaining to tattoo parlors and body piercing establishments set forth in Chapter 23 of the City Code, which requirements shall be deemed to be conditions of the conditional use permit. (Code 2627, 4-24-01; Ord. No. 3435, 1-5-16; Ord. No. 3670, 8-17-21) The Conditional Use Permit should remain as an effective vetting tool for professionals to navigate, and as a trigger for the Health Department to conduct a "plan review." The cost of the CUP could even go up to$1500 per year or more,for Traditional Tattoo Studios, Permanent Cosmetic Spas, Microblading Salons, and Piercing Shops, to avoid the notion of"cleaning up the agenda,"as it has been stated by a councilman, and thereby make the process a little more worth it for the City of Virginia Beach. As we are all aware, when a potential tattoo shop owner applies for a Conditional Use Permit, the application automatically triggers a plan review for the Virginia Beach Health Department, which puts in place critical benchmarks and safeguards for the Tattoo Parlor to meet, before they are allowed to open. How will the VBHD do its job if they are not notified? With that in mind, what improvements can be made to the current system of notifications between the Health Department and Business License Department, to ensure that existing Tattoo Parlors are current with their Health Department Permit, before being issued their yearly Business License, or vice versa? Additionally, what can be done to improve the process for tattooers (who work at legally permitted and licensed Tattoo Parlors), to streamline the system, ensuring that if one works at an established business, and they are renewing their Business License, or even getting a new one, so that they don't get turned away, if they have all of the proper paperwork, because of Zoning or VBHD studio permits? In contrast to the proposed amendment unanimously approved by Planning Council, we counter that Tattooing, Body Piercing, Permanent Makeup, and Microblading receive their own separate designations. As such, each would maintain their individual, respectively different requirements for licensure, through the DPOR, the Virginia Beach Zoning Department, Planning and City Councils, the Virginia Beach Business License Department, as well as Virginia Beach Health Department. DPOR regulations do in fact, very clearly stipulate each of these as separate entities, and we are officially requesting the same separations apply to the city of Virginia Beach. Please see links below, to state and DPOR laws, regulations, and codes for reference. In our opinion, the idea of removing the Conditional Use Permit for tattooing, permanent cosmetics, and piercing is a step in the entirely wrong direction, that potentially threatens the sanctity of our trade, and our reputation as an internationally known region,for outstanding tattooing by amazing tattooers. Additionally, removing the CUP will likely have economic consequences for existing Created: 2022-04-25 10:20:53 [EST] (Supp.No.155) Page 1 of 16 professional traditional tattoo and piercing studios, and most importantly above all, could pose health risks to the community at large. Furthermore, as zoning regulations have been modified over recent years in the city of Virginia Beach, tattoo and piercing shops have already multiplied at an astronomical rate. We strongly disagree with the idea of changing any ordinance that would allow for traditional tattoo or piercing studios to operate outside of the 82 zone (unless approved rezoning of a particular address takes place in accordance with current laws). Adding more zones that tattooing and or piercing studios can operate in, at this point in time, would do exactly what it is that Virginia Beach and our neighbor cities have been trying to prevent from happening,for as long as tattooing was legalized again at the Beach in 2002, or before that, since our trade was banned in 1965. City planning commissioners, zoning administrators, the health department, and professional tattoo studios alike, should all have concerns about "the potential for a proliferation of tattoo parlors/body piercing establishments in any single location." Virginia Beach and surrounding cities are currently overrun with tattoo and piercing studios, so to loosen regulations any more would only open the flood gates entirely to our industry and community. With more tattoo and/or piercing establishments, we will be open to infinitely more opportunities for disease transmission, potentially unsavory business practices by tattooers who aren't experienced or knowledgeable enough to run a full studio properly, and a staggering amount of untethered competition from far too many new shops, that will harm the profitability of those of us who are already here. The tattoo industry is largely self-regulated and self-governed, it always has been, and hopefully will continue to be trusted to carry on in the same way. True professionals go above and beyond to do more than what is required of us by local and state health departments or regulating bodies. However, if the city of Virginia Beach drops the CUP and changes the zoning requirements, allowing more studios, it is quite possible that the VBHD might not be able to handle the added workload, if we double or even triple the amount of tattoo parlors, piercing shops, and permanent makeup salons in Virginia Beach.. Maintaining existing standards for new studios could become more difficult, and infections or blood borne illnesses are inevitably bound to spread like wildfire. When contact dermatitis, cellulitis, or MRSA cases rise from the tattoo shops that will be on every street corner in the City of Virginia Beach, the Health Department will have a huge problem on their hands, and as the branches of the Military get wind of it, we could all be blacklisted. In conjunction with the previously mentioned concept of separating tattooing, permanent cosmetics, and microblading, and continuing to restrict traditional tattooing and piercing to the 82 zones, we also move to reinstate the 600 foot boundary between tattoo parlors that was removed in 2021, which was done for the benefit of a cosmetic tattooing salon. By separating these distinctly different professions, reinstating the 600 feet bubble, and following DPOR regulation, it would allow for what we believe the City Council, Planning Council, the Zoning Board and their constituents are actually after. That being the unfettered access to permanent makeup or surgical cosmetic tattooing, and it would do so without disrupting the delicate balance of traditional parlors that currently coexist Created: 2022-04-25 10:20:53 [EST] (Supp.No.155) Page 2 of 16 peacefully and successfully, in the city we all call home. Allowing cosmetic tattooing services to be provided anywhere that any cosmetologists (hair, nails, tanning, waxing, laser removal, and even dermatology)currently operate, would solve two problems. Not only will cosmetic and surgical tattooing be more readily available as it grows in its own popularity, but the sanctity of traditional tattoo shops will be protected. We should have no increased concern for outbreaks of infections, professional standards, and our incomes, that we have worked so hard to achieve, will not be affected by the infringements of other parlors popping up on every corner, less than 600 feet apart from each other. In closing, we suggest a focus group to further discuss and debate these topics, which should include all of Virginia Beach's tattoo parlor, cosmetic tattooing salon, and piercing studio owners. If you want to know what we think, sending an email out to some, but not all studio owners, isn't a proper, efficient, or fair way to get our input and opinions. As a point of reference, all the tattoo shop owners that were called upon about this, didn't receive any communication about the topic. We can safely assume that more than half of the other parlor owners out there in Virginia Beach would agree with our line of thinking on these matters at hand, and their voices deserve to be heard as well. Lastly, we want to thank you for reading these many words, and we hope that we have at the very least convinced you to dive a little deeper into all the possible negative consequences of the decisions that you are about to make. We are passionate about our craft, we honor the tradition and sacredness of the industry with every tattoo we do, and for every client that walks through our doors, who get their work from the tattooers who call our studios home. As professional tattooers and business owners, we are charged with protecting tattooing, everyone who tattoos here, and the clients who choose us to do their work, along with our friends and associates, in all of the professional tattoo and piercing studios we share this great City of Virginia Beach with. The Code of Virginia lays out the definitions of tattooing and body piercing in 54.1-700 and sets the requirement for licensure for those professions in subsequent sections (54.1-703). The Tattooing Regulations, 18 VAC 41-50, create permanent cosmetic tattooer(PCT) and master permanent cosmetic tattooer(MPCT)sublicenses of tattooing. 18 VAC 41-50-10 also defines permanent cosmetic tattooing, which includes both PCT and MPCT scopes of practice. Microblading is a type of eyebrow tattoo that would fall under the regulatory definition of permanent cosmetic tattooing. The Body Piercing Regulations, 18 VAC 41-60, create a body piercing ear only sublicense. Created: 2022-04-25 10:20:53 [EST] (Supp.No.155) Page 3 of 16 Sec. 18-104.2.Tattoo parlors. (a) The license tax rate for every person engaged in a tattoo parlor business shall be 0.36 percent of the gross receipts in such business during the preceding calendar year. (b) For the purposes of this section, "tattoo" and "tattoo parlor" shall have the definitions provided by section 23-51 of this Code. (c) No license for a tattoo parlor business shall be issued or renewed under this chapter unless or until there is presented to the commissioner of the revenue a current permit from the department of public health for the operation of such business.The failure of any person to obtain or maintain this permit shall constitute grounds for suspension of the license in the manner provided for by section 18-5.1 of this chapter. (d) This section shall not apply to tattoos applied by medical doctors, veterinarians, registered nurses or other medical service personnel licensed pursuant to Title 54.1 of the Code of Virginia as part of their professional duties; provided, however, that gross receipts from tattoos applied by doctors, veterinarians, nurses or other medical personnel as part of their professional duties remain taxable under this chapter in the same manner as other services provided by such persons. (Ord. No. 2628, 4-24-01) Why can't the Business License Department and the Health Department communicate more effectively, when it comes to the requirement for obtaining a Health Department renewal or new license, before renewing or acquiring a Business Department License? Maybe the Health Department renewals should move to after March 1S, when Business License renewals are due? Why are Doctors and Nurses allowed to do tattoos?Are they trained how to tattoo properly? Are we allowed to practice Medicine? Created: 2022-04-25 10:20:53 [EST] (Supp. No.155) Page 4 of 16 Sec. 23-51.Tattooing and tattoo parlors. (a) For the purposes of this section, the following words and phrases shall be construed as follows: (1) Tattoo:To place any design, letter, scroll, figure, symbol, or any other mark upon or under the skin or any person with ink or any other substance resulting in the permanent coloration of the skin, including permanent make-up or permanent 'e" , by the aid of needles or any other instrument designed to touch or puncture the skin. Traditional Tattooing should be separated from Permanent Cosmetics and Microblading, based mainly on the number of hours required for training, different tools and pigments that should be used, and more importantly, the DPOR regulations that govern us. (2) Tattoo artist:Any person who actually performs the work of tattooing. (3) Tattoo parlor:Any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin. Traditional Tattooing should be separated from Permanent Cosmetics and Microblading, based mainly on the number of hours required for training, different tools and pigments that should be used, and more importantly, the DPOR regulations that govern us. (4) Tattoo operator:Any person who controls, operates, conducts or manages any tattoo parlor, whether actually performing the work of tattooing or not. (b) No person shall control, operate, conduct or manage any tattoo parlor or shall perform tattooing on any person without complying with the requirements of this section. (c) No person shall control, operate, conduct or manage any tattoo parlor, whether actually performing the work of tattooing or not, without first obtaining a permit from the department of public health. such an application shall be made on an application form provided by the city manager or his designee. (d) The permit fee shall be one thousand two hundred dollars ($1,200.00) for a one-year licensing period from January 1 to December 31. All permits issued during the course of a calendar year shall expire on December 31 of that year, regardless of the date issued. For any person required to obtain a permit under the provisions of this section after the first day of January, the permit fee shall be prorated as follows: between January 1 and on or before March 31, the full permit fee shall be paid; between April 1 and on or before June 30, three-fourths of the permit fee shall be paid; between July 1 and on or before Created: 2022-04-25 10:20:53 [EST] (Supp. No.155) Page 5 of 16 September 30, one-half of the permit fee shall be paid; and after September 30 of the licensing year, one-fourth of the permit fee shall be paid. At this point, with all of the regulation changes already in motion, we move to suggest that Health Department fees be equal to that of other the most expensive health department license fee, which is currently$100. The practice of charging us$1200 per year is discriminatory, and is outdated, especially considering that every other restriction that has been placed on us in the last 20 years is being removed, regardless of our opposition. If$100 per year isn't acceptable, we suggest halving the cost to$600 per year, or a sliding scale based on the amount of tattooers in each establishment. Additionally,for new tattoo or piercing studios, we suggest a$1000 plan review fee, and when they are approved, those parlors can pay$100(or$600)per year, like the rest of us should be. (e) Every tattoo artist shall provide one of the following to the department of public health: (1) Proof of completion of the full Hepatitis B vaccine; (2) Proof of Immunity by blood titer; or (3) Written declination of refusal of the full Hepatitis vaccine. Why is this even a thing to begin with?Is it a discriminatory practice? What other profession requires vaccination?It's still being federally disputed, that employers cannot require employees to get Covid vaccinations...how is this any different? (f) Every tattoo artist and tattoo operator shall at all times comply with the following requirements: (1) All tattooing-related procedures shall be carried out in a clean, safe and sanitary manner as approved by the department of public health so as to minimize the potential of disease transmission. All tattoo artists shall complete annual blood borne pathogen training approved by the department of public health. (2) All areas of the tattoo parlor shall be constructed and maintained in a clean, safe and sanitary manner in compliance with all applicable statutes, laws, regulations, codes and ordinances of the city and the Commonwealth of Virginia. (3) All walls, ceilings and floors shall be smooth and easily cleaned.The floors shall not be carpeted, and neither rugs nor fabrics of any kind shall be placed on the floors. Walls and ceilings shall be painted a light color. Walls, ceilings and floors shall be kept clean and free from dust and debris. The floors shall be swept and mopped daily. The walls, ceilings or floors shall not be swept or cleaned while tattooing is occurring. Why is it required that the walls and ceilings be painted in a light color? What is the logic behind this? Created: 2022-04-25 10:20:53 [EST] (Supp.No. 155) Page 6 of 16 (4) Adequate light and ventilation shall be provided. (5) Adequate toilet and hand-washing facilities shall be available in the tattoo parlor separate and isolated from the business area in which tattooing is performed, for the use of customers and personnel of the tattoo parlor. Toilets and washing facilities shall be maintained in a sanitary condition at all times. Smoking, eating, or drinking is prohibited in the area in which tattooing is performed. (6) All areas of the tattoo parlor shall be accessible for inspection by the department of public health and its authorized representatives.The department of public health is hereby authorized to conduct unannounced inspections of tattoo parlors. Why is it that a business must be currently licensed with the VBHD, in order to have a health department inspection?According to VBHD policy, if a business doesn't have a Health Department permit, then inspectors aren't even allowed to enter the premises. This isn't okay, not at all. There are several unlicensed(VBHD and DPOR) tattoo studios, and tattooers operating out of their homes, and unlicensed business spaces, yet nothing can be done. We suggest a task force for tattooing, piercing, permanent makeup, and microblading, that would work hand in hand with the DPOR and VBPD, to effectively regulate city and state code, in both legal and illegal locations. (7) All inks, dyes, pigments, needles and equipment shall be specifically manufactured for performing tattooing and shall be used in accordance with the manufacturer's instructions. The mixing of approved tattooing inks, dyes or pigments or their dilutions with potable water shall be permitted. Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper or plastic cups. Upon completion of the procedure, such cups and their contents shall be discarded in the manner prescribed in subdivision (8) hereof. (8) All cleaned, non-disposable instruments used in connection with the preparation for or process of tattooing shall be sterilized before each use in a steam autoclave or dry- heat sterilizer approved by the department of public health. Such sterilization shall be performed in accordance with the manufacturer's instructions, a copy of which shall be submitted, with contact information, as part of the permit application.The tattoo operator shall be responsible for maintaining a log which indicates that the autoclave or other sterilizer has been checked during each cycle and has been sterilized in accordance with the manufacturer's instructions. All cleaned and ready-to-use needles and instruments shall be stored in a protective manner to prevent subsequent contamination. Sterile equipment shall not be used after the expiration date or if the package has been breached. If disposable instruments are used, those instruments shall be disposed of in accordance with applicable laws. The skin surface to be tattooed and any jewelry to be used shall be cleaned and sanitized using processes and materials approved by the department of public health. All hazardous Created: 2022-04-25 10:20:53 [EST] (Supp. No.155) Page 7 of 16 waste, body fluids, and medical waste of any kind shall be disposed of in accordance with the Virginia Department of Environmental Quality's Regulated Medical Waste Regulations, 9 VAC 20-120-10 et seq., as may be amended from time to time. Single- use items shall not be used on more than one (1) client for any reason. After use, all single-use needles, razors, and other sharps shall be immediately disposed of in accordance with the aforesaid regulations. This City law, which is based on State law, that says records must be up to date, and that tools which have been sterilized but have expired cannot be used. Why is the Health Department unable to effectively regulate this, and fine, or dole out consequences in some way, to tattoo parlors that do not follow the code and regulations? (9) Records for each patron shall be maintained by the tattoo operator. Such records shall be maintained for a minimum period of four(4) [years], except if the patron is under eighteen (18) years of age, in which event these records shall be maintained for a minimum of four (4) years from the eighteenth birthday of said patron and shall include the following information: (i) Name, address, sex and age of the person tattooed; The gender of the client? Why? What difference does that make? (ii) Date of tattooing; (iii) Physical location and description of tattooing; (iv) Name, address and telephone number of the person performing the tattooing; Why the address and phone number of the tattooer? (v) Parent or legal guardian written consent form for minors; and Why does the city of VB allow tattooing on minors at all? (vi) Name and address of the manufacturer of the dyes used as well as identifying information about the dye solutions and types of dyes used. If a customer has need for this information, then the tattoo parlor operator shall release it to the customer. At such time as the tattoo parlor ceases doing business or is removed from the city or changes its name or has a change in management or ownership, copies of all such records shall be provided to the department of public health. (10) More than one (1) set of sterilized needles, tubes and tips or alternate approved sterilization method shall be kept on the premises at all times. (11) No person, customer or patron having any visible skin infection or other disease of the skin or any communicable disease shall have tattooing performed, and no person Created: 2022-04-25 10:20:53 [EST] (Supp. No. 155) Page 8 of 16 having any skin infection or disease of the skin shall perform tattooing. All infections resulting from the practice of tattooing which become known to the tattoo operator shall promptly be reported to the department of public health by the person owning or in charge of the tattoo parlor, and the infected client shall be referred to a physician. Why is it that a client cannot get tattooed, if they have a communicable disease?It's not even legal to ask someone if they have a communicable disease. This is an incredibly discriminatory section, and it should be removed. (12) No tattooing shall be performed on any person under the age of eighteen (18) years without the written consent of his or her parent or guardian, and such written consent shall be kept on file for at least four (4) years at the tattoo parlor from the eighteenth birthday of the minor. Where there is doubt about such an age, written proof of age shall be obtained before the tattooing is done. Written proof of age shall be photocopied and kept by the tattoo operator. All customers under eighteen (18) years of age shall be accompanied by a parent or legal guardian. Both customer and parent or guardian shall sign a consent form and a driver's license or other appropriate form of identification of both the customer and the parent or guardian shall be photocopied and attached to the consent form. Again, why does the city of VB allow minors to get tattooed at all? (13) Tattoo artists and tattoo operators shall refuse service to any person whom the tattoo artist or tattoo operator knows, or has reason to believe, is intoxicated. (14) No person shall state or imply in any advertisement or publication, written or oral and prepared or uttered for the purpose of soliciting business,that the tattoo parlor is endorsed, regulated or approved by the city or by any of its departments or is conducted in compliance with the terms of this section. (15) Immediately after tattooing a patron the tattoo artist shall advise the patron of the care of the tattooed area and shall instruct the patron to consult a physician at the first sign of infection. (16) The tattoo artist shall wash his or her hands between customers and between tattooing different parts of the body on the same person. The tattoo artist shall wear protective, disposable latex or vinyl gloves while tattooing, and shall wear a new pair of gloves for each client and when tattooing different parts of the same client. The Tattooer should also wash their hands every time they take breaks, in which they touch anything, or go outside the tattoo station. And why are we supposed to change gloves and wash our hands if we tattoo different parts of the body on the same client, especially if we don't take our gloves off, when moving body part to body part. Created: 2022-04-25 10:20:53 [EST] (Supp. No. 155) Page 9 of 16 (17) The name, address and telephone number of the tattoo parlor shall be on the heading of all waivers, care sheets, consent and other forms utilized by the tattoo parlor. (18) The tattoo operator shall file with the department of public health annually with the license application and any renewal thereof a list of the following information for each employee: Name, permit number, home address, home phone number, and position or job title. With respect to tattoo artists, the tattoo operator shall also submit proof annually of vaccination and testing as required by subsection (e). The tattoo operator shall amend the list accordingly and submit it to the department of public health immediately upon the addition of an employee or termination of an employee. This is an almost impossible task, as turnover in some shops is high. We update our records once a year, and they are available for inspection whenever a representative of the Health Department comes through, however, this roster has not been asked for in several years. (19) No tattoo artist or tattoo operator shall tattoo the genitals, pubic area, or buttocks of any member of the opposite sex, nor shall any male tattoo artist or male tattoo operator tattoo any portion of the breast of any female below the aureole. Why,just why was this ever a law? The City of Virginia Beach has no right to tell our clients who they can get tattooed by, on what area of their body, as that is their choice, and their choice only. In the same way that the City of Virginia Beach has no right to limit who we provide our services to, or where on their body we perform said services. We live in a capitalist constitutional federal republic, and this is an unconstitutional law that should be removed. (g) No person shall perform tattooing on any client unless he or she complies with the Centers for Disease Control and Prevention's guidelines for "Universal Blood and Body Fluid Precautions" and provides the client with the following disclosure: (1) Tattooing is an invasive procedure in which the skin is penetrated by a foreign object. (2) If proper sterilization and antiseptic procedures are not followed by tattoo artists, there is a risk of transmission of bloodborne pathogens and other infections, including, but not limited to, human immunodeficiency viruses and hepatitis B or C viruses. If a client doesn't follow our aftercare instructions, then there is just as much risk of infection, if not more. Most infections occur outside of the tattoo or piercing studio, especially coming from a professional environment that follows universal precautions and practices aseptic technique. There has never been a documented case of HIV-AIDS transmitted through tattooing, and there hasn't been a Hepatitis outbreak connected to tattooing since the 60's. The above line item should stay, but it should also be expanded upon to cover client responsibility. Created: 2022-04-25 10:20:53 [EST] (Supp.No. 155) Page 10 of 16 (3) Tattooing may cause allergic reactions in persons sensitive to dyes or the metals used in ornamentation. (4) Tattooing may involve discomfort or pain for which appropriate anesthesia cannot be legally made available by the tattoo artist unless such person holds the appropriate license from a Virginia health regulatory board. (h) Any person who violates any provision of this section shall be guilty of a Class 2 misdemeanor. Any second or subsequent violation of this section shall be punished as a Class 1 misdemeanor. (i) This section shall not apply to medical doctors, veterinarians, registered nurses or any other medical services personnel, licensed pursuant to Title 54.1 of the Code of Virginia, in performance of their professional duties. Why are Doctors and Nurses allowed to do tattoos?Are they trained how to tattoo properly?Are we allowed to practice Medicine? (Code 1965, § 23-49, 23-50; Ord. No. 2629, 4-24-01; Ord. No. 2643, 6-5-01; Ord. No. 2710, 7-2- 02; Ord. No. 3325, 2-11-14) Communication with traditional tattoo, piercing, permanent makeup, and microblading business owners and licensed practitioners is paramount to the continued successes of our establishments. The professional relationship that we have with the VBHD and City of Virginia Beach must be improved. Tattooing is an industry that most people know very little about, and the intricacies of our mostly self-regulating community are often overlooked when new legislation is passed. We suggest a focus group of prominent shop owners be created, so that when regulations need to change, we professionals who will be most affected by them, be a part of the process, in the interest of fairness to all, and for the educational experience to the legislators who are supposed to represent us. We have created a list of all the known tattoo parlors, piercing shops, and permanent makeup salons in Virginia Beach, and have provided it to Planning Council, City Council, and the Health Department. We hope that it will be used in the future when you are asking for our opinion on a matter at hand, instead of sending your request to the Permanent Makeup salons only, and two tattooers. Created: 2022-04-25 10:20:53 [EST] (Supp. No.155) Page 11 of 16 Sec. 23-53.1. Body piercing. (a) For the purposes of this section, the following words and phrases shall be construed as follows: (1) Body piercing:The act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature. "Body piercing" does not include the use of a mechanized, pre- sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both. (2) Body piercer:Any person who actually performs the work of body piercing. (3) Body piercing establishment:Any place in which a fee is charged for the act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature. "Body piercing" does not include the use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both. (4) Body piercing operator: Any person who controls, operates, conducts or manages any body piercing establishment, whether actually performing the work of body piercing or not. (b) No person shall control, operate, conduct or manage any body piercing establishment or shall perform body piercing on any person without complying with the requirements of this section. (c) No person shall control, operate, conduct or manage any body piercing establishment, whether actually performing the work of body piercing or not, without first obtaining a permit from the department of public health. Such an application shall be made on an application form provided by the city manager or his designee. (d) The permit fee shall be one thousand two hundred dollars ($1,200.00) for a one-year licensing period from January 1 to December 31. All permits issued during the course of a calendar year shall expire on December 31 of that year, regardless of the date issued. For any person required to obtain a permit under the provisions of this section after the first day of January, the permit fee shall be prorated as follows: between January 1 and on or before March 31, the full permit fee shall be paid; between April 1 and on or before June 30, three-fourths of the permit fee shall be paid; between July 1 and on or before September 30, one-half of the permit fee shall be paid; and after September 30 of the licensing year, one-fourth of the permit fee shall be paid. (e) Every body piercer shall submit proof annually to the department of public health that he or she has received a tuberculosis assessment or PPD skin test and shall submit proof of a completed hepatitis B series by a competent medical authority approved by the director of public health. (f) Every body piercer and body piercing operator shall at all times comply with the following requirements: Created: 2022-04-25 10:20:53 [EST] (Supp. No. 155) Page 12 of 16 (1) All body piercing related procedures shall be carried out in a clean, safe and sanitary manner as approved by the department of public health so as to minimize the potential of disease transmission. All body piercers shall complete annual blood borne pathogen training approved by the department of public health. (2) All areas of the body piercing establishments shall be constructed and maintained in a clean, safe and sanitary manner in compliance with all applicable statutes, laws, regulations, codes and ordinances of the city and the Commonwealth of Virginia. (3) All walls, ceilings and floors shall be smooth and easily cleaned. The floors shall not be carpeted, and neither rugs nor fabrics of any kind shall be placed on the floors. Walls and ceilings shall be painted a light color. Walls, ceilings and floors shall be kept clean and free from dust and debris. The floors shall be swept and mopped daily.The walls, ceilings or floors shall not be swept or cleaned while body piercing services are occurring. (4) Adequate light and ventilation shall be provided. (5) Adequate toilet and hand-washing facilities shall be available in the body piercing establishment separate and isolated from the business area in which body piercing is performed, for the use of customers and personnel of the body piercing establishment. Toilets and washing facilities shall be maintained in a sanitary condition at all times. Smoking, eating or drinking is prohibited in the area in which body piercing is performed. (6) All areas of the body piercing establishment shall be accessible for inspection by the department of public health and its authorized representatives. The department of public health is hereby authorized to conduct unannounced inspections of body piercing establishments. (7) All cleaned, non-disposable instruments used in connection with the preparation for or process of body piercing shall be sterilized before each use in a steam autoclave or dry-heat sterilizer approved by the department of public health . Such sterilization shall be performed in accordance with the manufacturer's instructions, a copy of which shall be submitted, with contact information, as part of the permit application. The body piercing operator shall be responsible for maintaining a log which indicates that the autoclave has been checked during each cycle and has been sterilized in accordance with the manufacturer's instructions. All cleaned and ready-to-use needles and instruments shall be stored in a protective manner to prevent subsequent contamination. Sterile equipment shall not be used after the expiration date or if the package has been breached. If disposable instruments are used, those instruments shall be disposed of in accordance with applicable laws. The skin surface to be pierced as well as the jewelry to be used shall be cleaned and sanitized using processes and materials approved by the department of public health. All hazardous waste, body fluids, and medical waste of any kind shall be disposed of in accordance Created: 2022-04-25 10:20:53 [EST] (Supp. No. 155) Page 13 of 16 with the Virginia Department of Environmental Quality's Regulated Medical Waste Regulations, 9 VAC 20-120-10 et seq., as may be amended from time to time. (8) Records for each patron shall be maintained by the body piercing operator. These records shall be maintained for a minimum period of four (4) years except if the patron is under eighteen (18) years of age, in which event these records shall be maintained for a minimum of four (4) years from the eighteenth birthday of said patron and shall include the following information: (i) Name, address, sex and age of the person body pierced; (ii) Date of body piercing; (iii) Physical location and description of body piercing; (iv) Name, address and telephone number of the person performing the body piercing; and (v) Parent or legal guardian written consent form for minors. At such time when a body piercing establishment ceases doing business or is removed from the city or changes its name or has a change in management or ownership, copies of all such records shall be provided to the department of public health. (9) More than one (1) set of sterilized needles, tubes and tips or alternate approved sterilization method shall be kept on the premises at all times. (10) No person, customer or patron having any visible skin infection or other disease of the skin or any communicable disease shall have body piercing performed, and no person having any skin infection or disease of the skin shall perform body piercing. All infections resulting from the practice of body piercing which become known to the body piercing operator shall promptly be reported to the department of public health by the body piercing operator, and the infected client shall be referred to a physician. (11) It shall be unlawful to perform body piercing on any person under the age of eighteen (18) years without written consent of his/her parent or guardian, and such written consent shall be kept on file for at least four (4) years at the body piercing establishment from the eighteenth birthday of the minor. Where there is doubt about such an age, written proof of age shall be obtained before the body piercing is done. Written proof of age shall be photocopied and kept by the body piercing operator. All customers under eighteen (18) years of age shall be accompanied by a parent or legal guardian. Both customer and parent or guardian must sign a consent form and a driver's license or other appropriate form of identification of both the customer and the parent or guardian shall be photocopied and attached to the consent form. (12) Body piercers and body piercing operators shall refuse service to any person whom the body piercer or body piercing operator knows, or has reason to believe, is intoxicated. Created: 2022-04-25 10:20:53 [EST] (Supp. No.155) Page 14 of 16 (13) No person shall state or imply in any advertisement or publication, written or oral and prepared or uttered for the purpose of soliciting business, that the body piercing establishment is endorsed, regulated or approved by the city or by any of its departments or is conducted in compliance with the terms of this section. (14) Immediately after body piercing a patron, the body piercer shall advise that patron of the care of the body pierced area and shall instruct the patron to consult a physician at the first sign of infection. (15) The body piercer shall wash his or her hands between customers and between piercing different parts of the body on the same person. The body piercer shall wear protective, disposable latex or vinyl gloves while performing body piercing, and shall wear a new pair of gloves for each client and when piercing different parts of the same client. (16) The name, address and telephone number of the body piercing establishment shall be on the heading of all waivers, care sheets, consent and other forms utilized by the body piercing establishment. (17) The body piercing operator shall file with the department of public health annually with the license application and any renewal thereof a list of the following information for each employee: Name, permit number, home address, home phone number, and position or job title. With respect to body piercers, the body piercing operator shall also submit proof annually of vaccination and testing as required in subsection (e).The body piercing operator shall amend the list accordingly and submit it to the department of public health immediately upon the addition of an employee or termination of an employee. (18) No body piercer shall body pierce the genitals, pubic area, or buttocks of any member of the opposite sex, nor shall any male body piercer pierce any portion of the breast of any female below the aureole. (g) No person shall perform body piercing on any client unless he or she complies with the Centers for Disease Control and Prevention's guidelines for"Universal Blood and Body Fluid Precautions" and provides the client with the following disclosure: (1) Body piercing is an invasive procedure in which the skin is penetrated by a foreign object. (2) If proper sterilization and antiseptic procedures are not followed by body piercers, there is a risk of transmission of bloodborne pathogens and other infections, including, but not limited to, human immunodeficiency viruses and hepatitis B or C viruses. (3) Body piercing may cause allergic reactions in persons sensitive to the metals used in ornamentation. Created: 2022-04-25 10:20:53 [EST] (Supp. No.155) Page 15 of 16 (4) Body piercing may involve discomfort or pain for which appropriate anesthesia cannot be legally made available by the person performing the body piercing unless such person holds the appropriate license from a Virginia Health Regulatory Board. (h) Any person who violates any provision of this section shall be guilty of a Class 2 misdemeanor. Any second or subsequent violation of this section shall be punished as a Class 1 misdemeanor. (i) This section shall not apply to medical doctors, veterinarians, registered nurses or any other medical services personnel, licensed pursuant to Title 54.1 of the Code of Virginia, in performance of their professional duties. (Ord. No. 2596, 6-27-00; Ord. No. 2626, 4-24-01; Ord. No. 2644, 6-5-01; Ord. No. 2710, 7-2-02) Created: 2022-04-25 10:20:53 [EST] (Supp.No. 155) Page 16 of 16 Sec. 23-51. Tattooing and tattoo parlors. (a) For the purposes of this section,the following words and phrases shall be construed as follows: (1) Tattoo:To place any design, letter, scroll,figure,symbol or any other mark upon or under the skin or any person with ink or any other substance resulting in the permanent coloration of the skin, including permanent make-up , by the aid of needles or any other instrument designed to touch or puncture the skin. (2) Tattoo artist:Any person who actually performs the work of tattooing. (3) Tattoo parlor:Any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin, including permanent make-up or✓lermanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin. (4) Tattoo operator:Any person who controls, operates, conducts or manages any tattoo parlor, whether actually performing the work of tattooing or not. (b) No person shall control,operate, conduct or manage any tattoo parlor or shall perform tattooing on any person without complying with the requirements of this section. (c) No person shall control,operate,conduct or manage any tattoo parlor,whether actually performing the work of tattooing or not,without first obtaining a permit from the department of public health. -uch an application shall be made on an application form provided by the city manager or his designee. (d) The permit fee shall be one hundred dollars for a one-year licensing period from January 1 to December 31. All permits issued during the course of a calendar year shall expire on December 31 of that year, regardless of the date issued. For any person required to obtain a permit under the provisions of this section after the first day of January,the permit fee shall be prorated as follows: between January 1 and on or before March 31,the full permit fee shall be paid; between April 1 and on or before June 30,three- fourths of the permit fee shall be paid; between July 1 and on or before September 30, one-half of the permit fee shall be paid; and after September 30 of the licensing year,one fourth of the permit fee shall be paid. after September 30 of the licensing year, one fourth of the permit fee plus the full permit fee for the following year. (e) (1) Proof of completion of the full Hepatitis g vaccine; (2) Proof of Immunity by blood titer; or (3) Written declination of refusal of the full Hepatitis vaccine. (f) Every tattoo artist and tattoo operator shall at all times comply with the following requirements: (1) All tattooing-related procedures shall be carried out in a clean, safe and sanitary manner as approved by the department of public health so as to minimize the potential of disease Created: 2022-04-25 10:20:53 [EST] (Supp. No. 155) Page 1 of 9 transmission. All tattoo artists shall complete annual blood borne pathogen training approved by the department of public health. (2) All areas of the tattoo parlor shall be constructed and maintained in a clean,safe and sanitary manner in compliance with all applicable statutes, laws, regulations, codes and ordinances of the city and the Commonwealth of Virginia. (3) All walls, ceilings and floors shall be smooth and easily cleaned.The floors shall not be carpeted, and neither rugs nor fabrics of any kind shall be placed on the floors. Walls-and ceilings shall be painted a light color. Walls, ceilings and floors shall be kept clean and free from dust and debris.The floors shall be swept and mopped daily. The walls, ceilings or floors shall not be swept or cleaned while tattooing is occurring. (4) Adequate light and ventilation shall be provided. (5) Adequate toilet and hand-washing facilities shall be available in the tattoo parlor separate and isolated from the business area in which tattooing is performed,for the use of customers and personnel of the tattoo parlor.Toilets and washing facilities shall be maintained in a sanitary condition at all times. Smoking, eating,or drinking is prohibited in the area in which tattooing is performed. (6) All areas of the tattoo parlor shall be accessible for inspection by the department of public health and its authorized representatives.The department of public health is hereby authorized to conduct unannounced inspections of tattoo parlors. (This city ordinance gives authority to conduct inspections...it does not say "licensed or permitted"tattoo parlors. Why does a business have to be currently licensed with VBDH to have an inspection?There are several unlicensed tattoo studios and tattooers operating out of homes and businesses). (7) All inks, dyes, pigments, needles and equipment shall be specifically manufactured for performing tattooing and shall be used in accordance with the manufacturer's instructions. The mixing of approved tattooing inks, dyes or pigments or their dilutions with potable water shall be permitted. Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper or plastic cups. Upon completion of the procedure, such cups and their contents shall be discarded in the manner prescribed in subdivision (8) hereof. (8) All cleaned, non-disposable instruments used in connection with the preparation for or process of tattooing shall be sterilized before each use in a steam autoclave or dry-heat sterilizer approved by the department of public health. Such sterilization shall be performed in accordance with the manufacturer's instructions, a copy of which shall be submitted,with contact information, as part of the permit application.The tattoo operator shall be responsible for maintaining a log which indicates that the autoclave or other sterilizer has been checked during each cycle and has been sterilized in accordance with the manufacturer's instructions. All cleaned and ready-to-use needles and instruments shall be stored in a protective manner to prevent subsequent contamination. Sterile equipment shall not be used after the expiration date or if the package has been breached. If disposable instruments are used,those instruments shall be disposed of in accordance with applicable laws. The skin surface to be tattooed and any jewelry to be used shall be cleaned and Created: 2022-04-25 10:20:53 [E5T] (Supp.No. 155) Page 2 of 9 sanitized using processes and materials approved by the department of public health. All hazardous waste, body fluids, and medical waste of any kind shall be disposed of in accordance with the Virginia Department of Environmental Quality's Regulated Medical Waste Regulations, 9 VAC 20-120-10 et seq., as may be amended from time to time. Single- use items shall not be used on more than one (1) client for any reason. After use,all single- use needles, razors, and other sharps shall be immediately disposed of in accordance with the aforesaid regulations. (It's City law, which is based on State law, that says records must be up to date, and that tools which have been sterilized but have expired cannot be used. Why is the Health Department unable to effectively regulate this, and fine or dole out consequences in some way, to tattoo parlors that do not follow the code and regulations)? (9) Records for each patron shall be maintained by the tattoo operator. Such records shall be maintained for a minimum period of four(4) [years], except if the patron is under eighteen (18)years of age, in which event these records shall be maintained for a minimum of four(4) years from the eighteenth birthday of said patron and shall include the following information: (i) Name, address,sex and age of the person tattooed; (ii) Date of tattooing; (iii) Physical location and description of tattooing; (iv) Name,address and telephone number of the person performing the tattooing; (v) Parent or legal guardian written consent form for minors;and (vi) Name and address of the manufacturer of the dyes used as well as identifying information about the dye solutions and types of dyes used. If a customer has need for this information,then the tattoo parlor operator shall release it to the customer. At such time as the tattoo parlor ceases doing business or is removed from the city or changes its name or has a change in management or ownership, copies of all such records shall be provided to the department of public health. (10) More than one(1)set of sterilized needles,tubes and tips or alternate approved sterilization method shall be kept on the premises at all times. (11) No person, customer or patron having any visible skin infection or other disease of the skin e+ shall have tattooing performed, and no person having any skin infection or disease of the skin shall perform tattooing. All infections resulting from the practice of tattooing which become known to the tattoo operator shall promptly be reported to the department of public health by the person owning or in charge of the tattoo parlor, and the infected client shall be referred to a physician. (12) No tattooing shall be performed on any person under the age of eighteen (18)years without the written consent of his or her their parent or guardian, and such written consent shall be kept on file for at least four(4)years at the tattoo parlor from the eighteenth birthday of the minor. Where there is doubt about such an age,written proof of age shall be obtained before the tattooing is done. Written proof of age shall be photocopied and kept by the tattoo operator. All customers under eighteen (18)years of age shall be accompanied by a parent or Created: 2022-04-25 10:20:53 [EST) (Supp.No.155) Page 3 of 9 legal guardian. Both customer and parent or guardian shall sign a consent form and a driver's license or other appropriate form of identification of both the customer and the parent or guardian shall be photocopied and attached to the consent form. (13) Tattoo artists and tattoo operators shall refuse service to any person whom the tattoo artist or tattoo operator knows,or has reason to believe, is intoxicated. (14) No person shall state or imply in any advertisement or publication,written or oral and prepared or uttered for the purpose of soliciting business,that the tattoo parlor is endorsed, regulated or approved by the city or by any of its departments or is conducted in compliance with the terms of this section. (15) Immediately after tattooing a patron the tattoo artist shall advise the patron of the care of the tattooed area and shall instruct the patron to consult a physician at the first sign of infection. (16) The tattoo artist shall wash his or her hands between customers a4; every time a break is taken, in which they touch anything, or go outside the tattoo station. between tattooing different parts of the body on the same person.The tattoo artist shall wear protective, disposable latex or vinyl gloves while tattooing, and shall wear a new pair of gloves for each client and when resuming tattooing after taking a break when tattooing different parts of the same client. (17) The name, address and telephone number of the tattoo parlor shall be on the heading of all waivers, care sheets, consent and other forms utilized by the tattoo parlor. (18) The tattoo operator shall file with the department of public health annually with the license application and any renewal thereof a list of the following information for each employee: Name, permit number, home address, home phone number, and position or job title.With respect to tattoo artists,the tattoo operator shall also submit proof annually of vaccination and testing as required by subsection (e). (19) member of the opposite sex, nor shall any male tattoo artist or male tattoo operator tattoo (g) No person shall perform tattooing on any client unless he or she complies they comply with the Centers for Disease Control and Prevention's guidelines for"Universal Blood and Body Fluid Precautions" and provides the client with the following disclosure: (1) Tattooing is an invasive procedure in which the skin is penetrated by a foreign object. (2) If proper sterilization and antiseptic procedures are not followed by tattoo artists,there is a risk of transmission of bloodborne pathogens and other infections, including, but not limited to, human immunodeficiency viruses and hepatitis B or C viruses. (3) Tattooing may cause allergic reactions in persons sensitive to dyes or the metals used in ornamentation. Created: 2022-04-25 10:20:53 [EST] (Supp. No.155) Page 4 of 9 (4) Tattooing may involve discomfort or pain for which appropriate anesthesia cannot be legally made available by the tattoo artist unless such person holds the appropriate license from a Virginia health regulatory board. (h) Any person who violates any provision of this section shall be guilty of a Class 2 misdemeanor. Any second or subsequent violation of this section shall be punished as a Class 1 misdemeanor. (i) This section shall not apply to medical doctors,veterinarians, registered nurses or any other medical services personnel, licensed pursuant to Title 54.1 of the Code of Virginia, in performance of their professional duties. (Code 1965, §23-49, 23-50; Ord. No. 2629,4-24-01; Ord. No. 2643, 6-5-01; Ord. No. 2710, 7-2-02; Ord. No. 3325, 2-11-14) Sec. 23-53.1. Body piercing. (a) For the purposes of this section,the following words and phrases shall be construed as follows: (1) Body piercing:The act of penetrating the skin to make a hole, mark, or scar,generally permanent in nature. "Body piercing" does not include the use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both. (2) Body piercer:Any person who actually performs the work of body piercing. (3) Body piercing establishment:Any place in which a fee is charged for the act of penetrating the skin to make a hole, mark, or scar,generally permanent in nature. "Body piercing" does not include the use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both. (4) Body piercing operator:Any person who controls, operates,conducts or manages any body piercing establishment,whether actually performing the work of body piercing or not. (b) No person shall control,operate,conduct or manage any body piercing establishment or shall perform body piercing on any person without complying with the requirements of this section. (c) No person shall control, operate,conduct or manage any body piercing establishment,whether actually performing the work of body piercing or not,without first obtaining a permit from the department of public health. Such an application shall be made on an application form provided by the city manager or his designee. (d) The permit fee shall be one thousand two hundred dollars ($1,200.00) --)ne hundred dollars ($100.00)for a one-year licensing period from January 1 to December 31. All permits issued during the course of a calendar year shall expire on December 31 of that year, regardless of the date issued. For any person required to obtain a permit under the provisions of this section after the first day of January,the permit fee shall be prorated as follows: between January 1 and on or before March 31,the full permit fee shall be paid; between April 1 and on or before June 30,three- fourths of the permit fee shall be paid; between July 1 and on or before September 30, one-half of the permit fee shall be paid; and after September 30 of the licensing year,one-fourth of the permit Created: 2022-04-25 10:20:53 [EST] (Supp. No.155) Page 5 of 9 fee shall be paid after September 30 of the licensing year, one fourth of the permit fee plus the full permit fee for the following year. (e) Every body piercer shall submit proof annually to the department of public health that he or she has received a tuberculosis assessment or PPD skin test and shall submit proof of a completed hepatitis B series by a competent medical authority approved by the director of public health. (f) Every body piercer and body piercing operator shall at all times comply with the following requirements: (1) All body piercing related procedures shall be carried out in a clean, safe and sanitary manner as approved by the department of public health so as to minimize the potential of disease transmission.All body piercers shall complete annual blood borne pathogen training approved by the department of public health. (2) All areas of the body piercing establishments shall be constructed and maintained in a clean, safe and sanitary manner in compliance with all applicable statutes, laws, regulations, codes and ordinances of the city and the Commonwealth of Virginia. (3) All walls, ceilings and floors shall be smooth and easily cleaned.The floors shall not be carpeted,and neither rugs nor fabrics of any kind shall be placed on the floors. ceilings shall be painted a light color. Walls, ceilings and floors shall be kept clean and free from dust and debris.The floors shall be swept and mopped daily.The walls, ceilings or floors shall not be swept or cleaned while body piercing services are occurring. (4) Adequate light and ventilation shall be provided. (5) Adequate toilet and hand-washing facilities shall be available in the body piercing establishment separate and isolated from the business area in which body piercing is performed,for the use of customers and personnel of the body piercing establishment. Toilets and washing facilities shall be maintained in a sanitary condition at all times. Smoking, eating or drinking is prohibited in the area in which body piercing is performed. (6) All areas of the body piercing establishment shall be accessible for inspection by the department of public health and its authorized representatives. The department of public health is hereby authorized to conduct unannounced inspections of body piercing establishments. (7) All cleaned, non-disposable instruments used in connection with the preparation for or process of body piercing shall be sterilized before each use in a£team autoclave steam flush- pressure pulse(type S)autoclave or dry-heat sterilizer approved by the department of public health. Such sterilization shall be performed in accordance with the manufacturer's instructions, a copy of which shall be submitted,with contact information, as part of the permit application.The body piercing operator shall be responsible for maintaining a log which indicates that the autoclave has been checked during each cycle and has been sterilized in accordance with the manufacturer's instructions. All cleaned and ready-to-use needles and instruments shall be stored in a protective manner to prevent subsequent contamination. Sterile equipment shall not be used after the expiration date or if the package has been breached. If disposable instruments are used,those instruments shall be disposed of in accordance with applicable laws. The skin surface to be pierced as well as the jewelry to be used shall be cleaned and sanitized using processes and materials approved by the Created: 2022-04-25 10:20:53 [EST] (Supp. No. 155) Page 6 of 9 department of public health. All hazardous waste, body fluids, and medical waste of any kind shall be disposed of in accordance with the Virginia Department of Environmental Quality's Regulated Medical Waste Regulations, 9 VAC 20-120-10 et seq., as may be amended from time to time. (Effective January 1, 2023 will the use of gravity cycle autoclaves not be permitted or discontinued?) (8) Records for each patron shall be maintained by the body piercing operator. These records shall be maintained for a minimum period of four(4)years except if the patron is under eighteen (18)years of age, in which event these records shall be maintained for a minimum of four(4)years from the eighteenth birthday of said patron and shall include the following information: (i) Name, address, sex and age of the person body pierced; (ii) Date of body piercing; (iii) Physical location and description of body piercing; (iv) Name,address and telephone number of the person performing the body piercing; and (v) Parent or legal guardian written consent form for minors. At such time when a body piercing establishment ceases doing business or is removed from the city or changes its name or has a change in management or ownership, copies of all such records shall be provided to the department of public health. (9) More than one (1)set of sterilized needles,tubes and tips or alternate approved sterilization method shall be kept on the premises at all times. (10) No person, customer or patron having any visible skin infection or other disease of the skin e+ shall have body piercing performed, and no person having any skin infection or disease of the skin shall perform body piercing. All infections resulting from the practice of body piercing which become known to the body piercing operator shall promptly be reported to the department of public health by the body piercing operator, and the infected client shall be referred to a physician. (11) It shall be unlawful to perform body piercing on any person under the age of eighteen (18) years without written consent of e , parent or guardian, and such written consent shall be kept on file for at least four(4)years at the body piercing establishment from the eighteenth birthday of the minor. Where there is doubt about such an age,written proof of age shall be obtained before the body piercing is done. Written proof of age shall be photocopied and kept by the body piercing operator.All customers under eighteen (18)years of age shall be accompanied by a parent or legal guardian. Both customer and parent or guardian must sign a consent form and a driver's license or other appropriate form of identification of both the customer and the parent or guardian shall be photocopied and attached to the consent form. (12) Body piercers and body piercing operators shall refuse service to any person whom the body piercer or body piercing operator knows,or has reason to believe, is intoxicated. Created: 2022-04-25 10:20:53 [EST] (Supp. No.155) Page 7 of 9 (13) No person shall state or imply in any advertisement or publication, written or oral and prepared or uttered for the purpose of soliciting business,that the body piercing establishment is endorsed, regulated or approved by the city or by any of its departments or is conducted in compliance with the terms of this section. (14) Immediately after body piercing a patron,the body piercer shall advise that patron of the care of the body pierced area and shall instruct the patron to consult a physician at the first sign of infection. (15) The body piercer shall wash his or her hands between customers and between piercing different parts of the body on the same person. The body piercer shall wear protective, disposable latex or vinyl gloves while performing body piercing, and shall wear a new pair of gloves for each client and when piercing different parts of the same client. (16) The name, address and telephone number of the body piercing establishment shall be on the heading of all waivers, care sheets, consent and other forms utilized by the body piercing establishment. (17) The body piercing operator shall file with the department of public health annually with the license application and any renewal thereof a list of the following information for each employee: Name, permit number, home address, home phone number, and position or job title. With respect to body piercers,the body piercing operator shall also submit proof annually of vaccination and testing as required in subsection (e).The body piercing operator upon the addition of an employee or termination of an employee. (18) , opposite sex, nor shall any male body piercer pierce any portion of the breast of any female (g) No person shall perform body piercing on any client unless tie or she complies they comply with the Centers for Disease Control and Prevention's guidelines for"Universal Blood and Body Fluid Precautions" and provides the client with the following disclosure: (1) Body piercing is an invasive procedure in which the skin is penetrated by a foreign object. (2) If proper sterilization and antiseptic procedures are not followed by body piercers,there is a risk of transmission of bloodborne pathogens and other infections, including, but not limited to, human immunodeficiency viruses and hepatitis B or C viruses. (3) Body piercing may cause allergic reactions in persons sensitive to the metals used in ornamentation. (4) Body piercing may involve discomfort or pain for which appropriate anesthesia cannot be legally made available by the person performing the body piercing unless such person holds the appropriate license from a Virginia Health Regulatory Board. (h) Any person who violates any provision of this section shall be guilty of a Class 2 misdemeanor.Any second or subsequent violation of this section shall be punished as a Class 1 misdemeanor. Created: 2022-04-25 10:20:53 [EST] (Supp. No.155) Page 8 of 9 (i) This section shall not apply to medical doctors,veterinarians, registered nurses or any other medical services personnel, licensed pursuant to Title 54.1 of the Code of Virginia, in performance of their professional duties. (Ord. No. 2596, 6-27-00;Ord. No.2626,4-24-01;Ord. No. 2644,6-5-01;Ord. No. 2710,7-2-02) Created: 2022-04-25 10:20:53 [EST] (Supp.No.155) Page 9 of 9 M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD STOP INC. TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/07/2022 PAGE: 1 B E AGENDA ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I 0 C A DNC OMOOL O C N Y L ONOUWS T HCEEME S S EOE I H R _ Y B S S ERNN 1. CITY COUNCIL'S BRIEFING A. PLASTIC BAG FEE Karen Forget and Jim Deppe, Lynnhaven River Now IL CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS IV- CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VI A-E F. MINUTES APPROVED 10-0 Y Y Y Y Y YYY Y A Y B 1. INFORMAL AND FORMAL SESSION S May 17,2022 T A 2. I N E D FORMAL SESSION APPROVED 10-0 Y Y Y Y Y YYY A Y Y May 24,2022 B S T A N E D G. MAYOR'S PRESENTATION I. PROCLAMATION LGBTQ Pride Month Stacie Walls,LGBT Life Center Shay 011ie,Transgender Assistance Program of Virginia Cole Werkheiser,Hampton Roads Pride Patty Pruitt,Hampton Roads Pride H. PUBLIC COMMENT I. RESORT AREA MOBILITY PLAN(RAMP) 0 SPEAKERS PARKING FEES I. BID OPENING 1. NON-EXCLUSIVE MASTER LEASE FOR THE USE OF CITY RIGHTS-OF-WAY Telecommunications Services J. PUBLIC HEARING I. NON-EXCLUSIVE MASTER LEASE FOR I SPEAKER THE USE OF CITY RIGHTS-OF-WAY Telecommunications Services CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/07/2022 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 0 C A DNCOMOOL O C N Y L ONOUWS T HCEEME S S EOE I H R YBS S ERNN L.1. Ordinance to GRANT a Nonexclusive Master ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Lease for Telecommunication Services to CONSENT Southside Network Authority(SNA)re use of the City's public streets and rights-of-way to install,operate,and maintain network facilities L.2. Ordinance to AMEND City Code Chapter 23, DEFFERED TO 11-0 Y Y Y Y Y YYY Y Y Y Article II re noise(Requested by Council July 12,2022 Members Tower and Moss) L.3. Resolution to NAME an inlet near Sandbridge ADOPTED,BY 11-0 Y Y Y Y Y YYYY Y Y (Requested by Council Member Henley) CONSENT L.4. Ordinance to AWARD a $5,000 Community ADOPTED 11-0 Y Y Y Y Y YYY Y Y Y Services Micro-Grant to Men of Faith for Youth Development Camps and Academies re support various youth development camps and academies from June 2022,through December 2022(Requested by Council Member Branch) L.5. Resolution to ADOPT the updated 2022 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Hampton Roads Hazard Mitigation Plan CONSENT L.6. Ordinance to DONATE excess Sage less-lethal ADOPTED,BY 11-0 Y Y Y Y Y YYYY Y Y deployment devices to two(2)North Carolina CONSENT and one(1)Alabama Political Subdivisions L.7. Resolution to GRANT permits re ALLOW ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y Emergency Medical Services Agencies to CONSENT operate in the City: a. American Lifeline Medical Transport,Inc. b. American Medical Response Mid-Atlantic,Inc. c. Cardinal Ambulance Services,Inc. d. Children's Hospital of the King's Daughters e. ISC Medical Transport,LLC f. Lifecare Medical Transports,Inc. g. Midwest Medical Transport,LLC h. Nightingale Regional Air Ambulance i. Reliance Medical Transport j. Robbie's Ambulance Service,Inc. k. Special Event Providers of Emergency Medicine,Inc. I. Tidewater Medical Transport,Inc. L.8. Ordinances to AUTHORIZE Temporary Encroachments into a portion of City-Owned Property: a. known as Harbor Canal,located at the rear of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 2329 Leeward Shore Drive re maintain an CONSENT existing wood dock,ten(10)wood piles,wood and steel boat lift,wood ramp,wood floating dock, vinyl bulkhead, and river rock DISTRICT 8(formerly District 6-Beach) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/07/2022 PAGE: 3 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 DNCOMOOL O C N Y L ONOUWS T HCEEME S S EOE I H R YBS S ERNN b. known as Harbor Canal,located at the rear of ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y 2317 Leeward Shore Drive re maintain existing CONSENT vinyl bulkhead,boat lift,wood dock and lamp post,and to construct and maintain a fixed wood dock,two(2)floating wood docks,vinyl bulkhead,and aluminum ramp DISTRICT 8 (formerly District 6-Beach) c. known as Lake Wesley, located at the rear of ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y 569 Virginia Dare Drive re construct and CONSENT maintain five (5) wood guide pilings, a floating dock,a kayak launch,and to replace and maintain an existing wood ramp and four (4) wood pilings, and relocate an existing floating wood dock DISTRICT 5 (formerly District 6-Beach) L.9. Resolution to RENAME the Bikeways and ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y Trails Advisory Committee to the Active CONSENT Transportation Advisory Committee and to REVISE the Committee's Composition and Mission L.10. Ordinance to APPROPRIATE$1.8-Million of ADOPTED,BY 11-0 Y Y Y Y Y YYYY Y Y Fund Balance from the General Fund and CONSENT AUTHORIZE repayment to the Commonwealth of Virginia re a pass-through grant from the Commonwealth's Development Opportunity Fund(COF) L.11. Ordinances to ACCEPT and APPROPRIATE: a. $125,000 from the Virginia Aquarium ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Foundation to the Capital Project #100463, CONSENT "Virginia Renewal and Replacement III," re refurbishment of the Seal Tank Exhibit b. $3,000 from the VB Home Now,Inc.to the FY ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 2021-22 Cultural Affairs Department Operating CONSENT Budget re assist with expansion of the Brushworks Program M. 1. REED ENTERPRISES,INC&LIBERTY' APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y TRANSMISSION&AUTO CARE,INC/ MODIFIED/AS REED ENTERPRISES,INC for a PROFFERED/ Modification of Proffers to a Conditional CONDITIONED, Rezoning&Conditional Use Permit re Auto BY CONSENT Repair Garage at 3041 Holland Road DISTRICT 2(formerly District 7-Princess Anne) M.2. BT HOLDINGS III,LLC&PDC TN/FL APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y LPIV,LLC/BT HOLDINGS III,LLC for a MODIFIED/AS Modification of Proffers to a Conditional PROFFERED Rezoning&Rezoning from AG-1 Agricultural District&Conditional I-1 Light Industrial District to I-1 Light Industrial District re an industrial building at Dam Neck Road& Harpers Road DISTRICT 5(formerly District 7-Princess Anne) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/07/2022 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H O W W U R E L J R T I O C A DNC OMOOL 0 CNYL ONOUWS T HCEEME S S EOE I H R YBS SERNN M.3. ASHDON BUILDERS 1, LLC/ DAVID & APPROVED/AS 11-0 Y Y Y Y Y YYYY Y Y TAMMY LEE Conditional Change of Zoning PROFFERED from AG-1&AG-2 Agricultural to Conditional R-7.5 Residential re seven-lot subdivision of single-family homes at 2487 North Landing Road DISTRICT 2(formerly District 7-Princess Anne) M.4. MAEGAN CAHOON for a Conditional Use APPROVED/ 10-1 Y Y Y Y Y YNYY Y Y Permit re short term rental at 4005 Atlantic CONDITIONED, Avenue, Unit 108 DISTRICT 6 (formerly BY CONSENT District 6-Beach) N. APPOINTMENTS RESCHEDULED BYCO NSENSU S 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD STOP INC. TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT 8:34 PM OPEN DIALOGUE 6 SPEAKERS 9:02PM