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8-9-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ,1N1A.$ c MAYOR ROBERT M. "BOBBY"DYER,At Large r-_.� $Lip �% VICE MAYOR ROSEMARY WILSON,At Large 0 . MICHAEL F.BERLUCCHI,Rose Hall—District 3 ,: 1 LINWOOD O.BRANCH,Lynnhaven—District 5 V BARBARA M.HENLEY,Princess Anne—District 7 "` • N.D. "ROCKY"HOLCOMB,Kempsville—District 2 e: VACANT,Bayside—District 4 `'+ = ...- JOHND.MOSS,At Large °F owe „,'0°*" AARONR.ROUSE,At Large GUYK TOWER,Beach—District 6 SABRINA D. WOOTEN,Centerville—District I CITY HALL BUILDING CITY COUNCIL APPOINTEES BUILDING 1 CITY MANAGER-PATRICK A.DUHANEY 2401 COURTHOUSE DRIVE CITY ATTORNEY-MARKD.STILES CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456 CITY ASSESSOR—SUE CUNNINGHAM PHONE:(757)385-4303 CITY AUDITOR—LYNDONS.REMIAS August 9 2022 FAX(757)385-5669 CITY CLERK—AMANDA BARNES E-MAIL:CITYCOUNCIL@vbgov.com MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CITY COUNCIL'S BRIEFING - City Council Chamber- 1:30 PM 1. MAYOR'S TASK FORCE FOR YOUTH VIOLENCE PREVENTION James A. Cervera& Michael Daniels- co-chairs (Requested by Mayor Dyer) II. PUBLIC COMMENT 2:00 PM 1. CANDIDATES FOR CITY COUNCIL VACANCY-BAYSIDE III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS IV. CITY COUNCIL AGENDA REVIEW 3:45 PM V. INFORMAL SESSION - City Council Chamber- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Pastor Dee Dee Carson First Presbyterian Church 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 July 12, 2022 2. SPECIAL FORMAL SESSION August 2, 2022 G. MAYOR'S PRESENTATION 1. PROCLAMATION Ramon W. Breeden,Jr. Day H. PUBLIC HEARINGS 1. CREATION OF EIGHT (8)NEW PRECINCTS,MODIFICATION OF PRECINCT BOUNDARIES,AND CHANGE OF THREE POLLING LOCATIONS 2. DECLARATION AND SALE OF EXCESS PROPERTY At Southeast intersection of Market Street and Columbus Street I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 re create eight(8)new precincts,rename precincts, and relocate three (3) polling locations; to AUTHORIZE maintenance upon precinct lines to conform with recent district boundary changes; and to REQUEST a waiver to administer a split precinct 2. Resolution in observation re International Overdose Awareness Day (Requested by Council Member Berlucchi) 3. Ordinance to AWARD a$5,000 Community Services Micro-Grant to Giving with a Golden Hand, Inc. re support"Stop the Violence" events (Requested by Mayor Dyer) 4. Ordinance to AMEND City Code Section 7-66 re designation of city highways for golf cart operation and posting of signs 5. Ordinance to AMEND City Code Section 18-108.2 re license code for mobile food vending 6. Ordinance to EXTEND the date to satisfy the conditions re closing a portion of 18th Street between Pacific and Arctic Avenues 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Black Duck Inlet and a 5' public utility and drainage easement at the rear of the 321 Back Bay Crescent re remove and replace a boatlift and four(4) 8"wood piles,wood pier and wood bulkhead 8. Ordinance to APPROPRIATE $240,878.08 to the Ocean Park Volunteer Fire and Rescue Unit, Inc. re an interest-free loan to purchase two (2) replacement ambulances 9. Ordinance to ACCEPT and APPROPRIATE $1,930,000 from the Virginia Tourism Corporation to the FY 2022-23 Conventional and Visitors Bureau Operating Budget re marketing efforts 10. Ordinance to ACCEPT and APPROPRIATE $221,642 from the Virginia Department of Behavioral Health and Development Services to the FY 2022-23 Department of Human Services Operating Budget re Permanent Supportive Housing Program 11. Ordinance to ACCEPT and APPROPRIATE $58,750 from the Virginia Department of Behavioral Health and Development Services to the FY 2022-23 Department of Human Services Operating Budget re support staff retention for substance use and mental health programs 12. Ordinance to TRANSFER $100,000 from the General Fund Reserve for Contingencies to the Department of Cultural Affairs re support the 5/31 memorial design stipends and additional facilitation services including a memorial liaison to families and survivors K. PLANNING 1. ATLANTIC DEVELOPMENT ASSOCIATES, LLC & WPL VENTURES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots at 111 73rd Street DISTRICT 6 (Formerly District 5-Lynnhaven) (Deferred from May 17, 2022) RECOMMENDATION: APPROVAL 2. SXCW Properties II, LLC/ TRACT NO. 8, LLC for a Conditional Rezoning from AG-2 Agricultural District to Conditional B-2 Business District and a Conditional Use Permit re car wash facility at the Southwest corner of Sandbridge Road&Fisher Arch, East of 1973 Sandbridge Road DISTRICT 2 (Formerly District 7-Princess Anne) RECOMMENDATION: APPROVAL 3. HUNTER'S MILL APARTMENTS, LLC/ HUNTER'S MILL APARTMENTS, LLC & LADERBERG SQUARE,LLC for a Conditional Rezoning from A-18 Apartment District&B-2 Community Business District to Conditional A-18 Apartment District at 397 Brixton Drive,parcel West of 5444 Virginia Beach Boulevard & triangular parcel between 397 Brixton Drive & 500 Aylesbury Drive DISTRICT 4 (Formerly District 2-Kempsville) RECOMMENDATION: APPROVAL 4. KATHERINE ANN OLIVAS/ KATHERINE OLIVAS & JESSICA MCGOWAN for a Conditional Use Permit re family day-care home at 2717 Inglewood Lane DISTRICT 2 (Formerly District 1-Centerville) RECOMMENDATION: APPROVAL 5. GLORIOUS GROOMING,LLC/JODHA H. GOODMAN ESTATE for a Conditional Use Permit re home occupation at 140 South Gum Avenue DISTRICT 4 (Formerly District 5- Lynnhaven) RECOMMENDATION: APPROVAL 6. THOMAS MARK GOLDSBERRY for a Conditional Use Permit re home occupation at 1140 Treefern Place DISTRICT 5 (Formerly District 6-Beach) RECOMMENDATION: APPROVAL 7. WROBLEWSKI ART, LLC/ OCEANA PARTNERS, LLC for a Conditional Use Permit re tattoo parlor at 1329 Oceana Boulevard, Suite 110 DISTRICT 5 (Formerly District 6-Beach) RECOMMENDATION: APPROVAL 8. 365 TATTOOING, LLC/ LITTLE NECK TOWERS, LLC for a Conditional Use Permit re tattoo parlor at 3500 Virginia Beach Boulevard, Suite 610 DISTRICT 8 (Formerly District 5- Lynnhaven) RECOMMENDATION: APPROVAL 9. U.S. SURF COMPANY, INC./ SUNSATIONS REALTY, LLC for Alternative Compliance re outdoor recreation facility and recurring outdoor special events at 2017 Arctic Avenue & 317 20th Street DISTRICT 6 (Formerly District 6-Beach) RECOMMENDATION: APPROVAL L. 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 POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TA/ITA CITIZENS ADVISORY COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** 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=e 1104f3 cd 16f9aba912edc04cf0bce409 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 9, 2022. I. CITY COUNCIL'S BRIEFING - City Council Chamber- 1:30 PM 1. MAYOR'S TASK FORCE FOR YOUTH VIOLENCE PREVENTION James A. Cervera & Michael Daniels- co-chairs (Requested by Mayor Dyer) II. PUBLIC COMMENT 2:00 PM 1. CANDIDATES FOR CITY COUNCIL VACANCY- BAYSIDE III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS IV. CITY COUNCIL AGENDA REVIEW 3:45 PM V. INFORMAL SESSION - City Council Chamber- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Pastor Dee Dee Carson First Presbyterian Church 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 July 12, 2022 2. SPECIAL FORMAL SESSION August 2, 2022 G. MAYOR'S PRESENTATION 1. PROCLAMATION Ramon W. Breeden, Jr. Day fP ,-F ' t o . . , . ____ r itn � � 44.4 a`vip *y 4. b 4saSSIA44fi,• oF OUR..KW to clamatton 'Whereas Amon W Breeden Jr. was born in Richmond, 'Virginia, in 1934 to Audrey and Ramon Breeden;and WVherras Wanton Breeden Jr. graduated from 'University of Virginia's McIntire School'of Business with a(Bachelor's of Science in Commerce;and Whereas After college, Mr. Breeden taught math for Richmond Pu6&Schools, 6ut he knew he was destined for more, so he educated himself 6y reading books on building, construction and finance;and ierras: 'Tie Breeden Company was created in 1961,starting from the trunk of his Pontiac convertible and using converted office space in the 6ackof a grocery store(his deskwas constructedfra.n milk crates) to evolving from single family home 6uilding to designing, developing, and managing apartment communities and commercial spaces;and iiienaar Today, The Breeden Company is one of few vertically integrated real estate development organizations in the country with a portfolio of over 20,000 apartments and 2 million square feet of retail and office space that have been owned,managed and developed;and 1444errar Breeden Reafty has been named as one of the top commercial real estate firms in Virginia; Breeden Property Management is one of the top multifamily property management firms in the country; Breeden Construction is one of the top multifamily general contractors in the country;and WVherea.v Mr. Breeden and The Breeden Company have been long standing supporters of the arts, specifically the Neptune dFestival's Symphony 6y the Sea Series. 2fe and his company have remained their presenting sponsor since the program's inception;and W flerea.v gift-. Breeden is an avid supporter of animals. (Because of the success of this company, he is able to contribute to many SPCA.s and animal rescue organizations;and WVhereers On March 26, 2014,Mr. Breeden was named a Virginia Beach First Citizen 6y the Virginia Beach Jaycees, acknowledging Mr. Breeden's presence and impact in the community from a professional personal and charitable standpoint. This honor is given to one outstanding member of the community each year. `Wow,clhereforr,I,Rg6ert M.Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim. August 9, 2022 Amon W Breeden Jr. Day In Virginia Beach, and I calr on all citizens of Virginia Beach to join me in commending Mr. Ramon W. Breeden Jr.of'Tie Breeden Company for his dedication and leadership for building an organization that serves the citizens of Virginia(Beach and surrounding areas. In Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to be a . ' this Ninth Day of August Two 7fwusand7wenty-Two. /7---41-'43'- 11"1/4- 1 p6ert M. "Bobby"(Dyer Mayor H. PUBLIC HEARINGS 1. CREATION OF EIGHT (8) NEW PRECINCTS, MODIFICATION OF PRECINCT BOUNDARIES, AND CHANGE OF THREE POLLING LOCATIONS 2. DECLARATION AND SALE OF EXCESS PROPERTY At Southeast intersection of Market Street and Columbus Street Ar'N,,,,,;,- 4.:,... P. - :Iv, vg.--- ,ity .,,„:„ PUBLIC HEARING CREATION OF EIGHT NEW PRECINCTS,MODIFICATION OF PRECINCT BOUNDARIES,AND CHANGE OF THREE POLLING LOCATIONS The City Council of Virginia Beach,Virginia at its formal session on August 9, 2022,at 6:00 P.M.,will conduct a public hearing prior to considering an ordinance(i)to create 8 new precincts,(ii)perform maintenance on current precinct lines,(iii)request a waiver to administer a split precinct,(iv)relocate the polling locations for precincts numbered 0057,0080,and 0093,and(v) remove the precinct names from the city ordinance. The new precincts, 0101-0108 will be made from portions of precincts numbered 0016,0020,0024,0025,0038,0039,0041,0048,0049,0091, and 0098.These new precincts are necessary to comply with a recent federal court order, state legislative district boundary changes, and population changes noted in the most recent census. If adopted by the City Council,the proposed changes will be sent to the Office of the Attorney General for review pursuant to the Virginia Voting Rights Act. If approved,these changes will be used for the November 8,2022,General and Special Elections. Descriptions and maps of the new and modified precincts,as well as a copy of the aforesaid ordinance,may be inspected in the Voter Registration and Elections Office,which is located at 2449 Princess Anne Road,Municipal Center,Building 14,Virginia Beach,Virginia,23456. The public hearing will be conducted in the City Council Chamber of the New City Hall at the Municipal Center. 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:TDD only 711(TDD-Telephonic Device for the Deaf). All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-July 31 and August 7,2022 NOTICE OF PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at its formal session on Tuesday,August 9,2022,at 6:00 p.m.in the Council Chamber, City Hall - Bldg. 1, 2401 Courthouse Dr.,Virginia Beach,Virginia 23456, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following property should be declared excess of the City's needs and authorized for sale to TC Hotel,LLC: Approximately 4,693 sq.ft(0.107 acres) of City-owned property located at the southeast intersection of Market St.and Columbus St.(GPIN:1477-54-0223). If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to Dept.of Public Works/Real Estate Division, 2473 N. Landing Road, Bldg. 23, Virginia Beach, Virginia 23462, (757) 385- 4161,(pwrealestate@vbgov.com). 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://vbgov.webex.com/vbgov/onstage/ g.Aho?MTI D=e1104f3cd16f9aba912edc0 4cf0bce409 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on August 9,2022. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-JULY 31,2022 • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring Approximately 4,693 Sq. Ft. (0.107 Acre) of City- owned Property Located at the Intersection of Market Street and Columbus Street in Excess of the City's Needs and 2) Authorizing the City Manager to Enter Into a Purchase Agreement for the Sale of the Property to TC Hotel, LLC PUBLIC HEARING DATE: August 9, 2022 MEETING DATE: August 16, 2022 • Background: The City of Virginia Beach (the "City") owns a parcel of land located at the intersection of Market Street and Columbus Street, consisting of approximately 4,693 sq. ft. (0.107 acre) and designated as GPIN: 1477-54-0223 (the "City Property"). TC Hotel, LLC, a Virginia limited liability company ("TC Hotel"), owns property located at 4595 Columbus Street (GPIN: 1477-54-1216) (the "Hotel Property"), which is adjacent to the City Property. TC Hotel is constructing a Hampton Inn & Suites Town Center on the Hotel Property and desires to purchase the City Property from the City. The purchase of the City Property and incorporating it into the Hotel Property would allow TC Hotel to construct 20 additional rooms for the Hampton Inn & Suites Town Center. • Considerations: City staff and TC Hotel have negotiated the terms and conditions of the sale of the City Property, as set forth in the summary of terms attached to the Ordinance as Exhibit A. All easements and rights-of-way necessary for current and future City needs will be reserved by the City or dedicated by TC Hotel during site plan review. • Public Information: A public hearing will be advertised on July 31, 2022 in The Virginian-Pilot. The public hearing will be held on August 9, 2022. Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Location Map, and Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate 0 City Manager: fil9 1 AN ORDINANCE 1) DECLARING APPROXIMATELY 4,693 2 SQ. FT. (0.107 ACRE) OF CITY-OWNED PROPERTY 3 LOCATED AT THE INTERSECTION OF MARKET STREET 4 AND COLUMBUS STREET IN EXCESS OF THE CITY'S 5 NEEDS AND 2) AUTHORIZING THE CITY MANAGER TO 6 ENTER INTO A PURCHASE AGREEMENT FOR THE 7 SALE OF THE PROPERTY TO TC HOTEL, LLC 8 9 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of property 10 located at the southeast intersection of Market Street and Columbus Street 11 consisting of approximately 4,693 sq. ft. (0.107 acre) (GPIN: 1477-54-0223) (the 12 "City Property"); 13 14 WHEREAS, TC Hotel, LLC, a Virginia limited liability company ("TC Hotel") 15 owns property located at 4595 Columbus Street (GPIN: 1577-54-1216) ("TC Hotel 16 Property"), which is adjacent to the City Property; 17 18 WHEREAS, TC Hotel is constructing a hotel on the TC Hotel Property and 19 has requested that the City declare the City Property excess and sell it to TC Hotel 20 to incorporate into the TC Hotel Property for the purpose of expanding the hotel; 21 22 WHEREAS, TC Hotel and City staff have negotiated the terms and conditions 23 of the sale as set forth in the Summary of Terms, attached hereto as Exhibit A; and 24 25 WHEREAS, the City Council is of the opinion that the City Property is in 26 excess of the City's needs. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 1. That the City Property is hereby declared to be in excess of the needs of 32 the City of Virginia Beach, subject to easements to be reserved in accordance with 33 the Summary of Term, attached hereto as Exhibit A, and made a part hereof. 34 35 2. That the City Manager, or his authorized designee, is hereby authorized 36 to execute any and all documents necessary to sell the City Property to TC Hotel, in 37 accordance with the Summary of Terms, attached hereto as Exhibit A, and such 38 other terms, conditions or modifications as may be acceptable to the City Manager 39 and in a form deemed satisfactory by the City Attorney. 40 41 This Ordinance shall be effective from the date of its adoption. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia on the 44 day of , 2022. 45 46 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- 47 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY Lb City Attorney P bliC Works, eal Estate CA15597 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d011\p041\00816398.docx R-1 July 25, 2022 2 EXHIBIT A SUMMARY OF TERMS SELLER: City of Virginia Beach ("City") BUYER: TC Hotel, LLC, a Virginia limited liability company EXCESS CITY PROPERTY: Approximately 4,693 sq. ft. (0.107 acre) of City property located at the southeast intersection of Market Street and Columbus Street (GPIN: 1477-54-0223) ("City Property"), subject to the reservation or dedication of easements as set forth below. PURCHASE PRICE: $10,000.00 DEPOSIT: $1,000.00, to be applied to Sale Price DUE DILIGENCE PERIOD: 60 days from full execution of the Purchase Agreement SETTLEMENT: On or about 90 days after City Council approval CONDITIONS OF SALE: • Buyer to resubdivide the City Property into the Buyer's adjacent parcel, at Buyer's sole cost. • Seller to reserve and/or Buyer to dedicate to the City all easements identified by the City's Planning and/or Public Works Department during the site plan approval process, related to drainage, public & private utilities, future right-of-way improvements, pedestrian ingress/egress, amenities and traffic control. w ) c CI Z —L�� a v Ce 2 w e 3 W V o 0 IC . r . Cl- < cil c\I a,t,,...,..,\., „ 2 amo i ,:,_., \// / ,.... _____.,_ ....1 4 / \ , a� . 0 ' Z _ -- N o - '- 0W � — g• Q — .1.-UI- 4 0 Q LL ? `o JC70_ >,.. ,,0_ u V a . 0 i_ ,� .z. W U o u c 3AV>I IVd 1W:11N30 1 . Z ° S rr 4 -SSS111- e1i. 0 N _ ' o R 0 � rs C S , C •r • - ti - ..._ . ¢ ~ - NI - 4 411 ' ..i5 •,I i 1 (II pc .',..Ir. „pt. Ff, i ,. . . �, : _ ,,.-T.,,,,,,,e i ... �' � _ ,4 :..r,......: _ � a � . ; 1 i1/4, : \•1 1saf111r■ii . •• _I■Q ,, : -- _ I I -_ 1S 13�12ibW i M1N2:1b'w _.\\1 -- a w s_ I j • r-, I - �t ___ Jr r— i.,,:.,„--:/4.- sr. m- .I 1 E a ■ _ -, 1 0 r U A 1 { , . t j w 4 �. 1 N M U h(4,_ . .... N j . „I:, o u _ - - " _`` U o r - W S \ CO 0 Z Disclosure Statement «l/al} 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 TC HOTEL, LLC Does the applicant have a representative? Yes ❑ No • If yes,list the name of the representative. Neil P. Amin Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) NEIL P AMIN, MANAGER JAY SHAH, TRUSTEE NARESH PATEL, MEMBER ROHIT PATEL, MEMBER • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) SHAMIN HOTELS. INC. 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e ‘VBDisclosure Statement . 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?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-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 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ($i No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?® Yes ❑ No • If yes,identify the firm and individual providing the service. MICHAEL SWEENEY, RA 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 I P a g e Disclosure Statement 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 ❑ No • If yes,identify the firm and individual providing the service. MSA, P.C. , C. Scott Acey, PE 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 Neil P Amin, Manager Print Name and 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 i 17 No changes as of ate 7 $ 22 Signature J i' Print Name Revised 11.09.2020 3 I P a g e Disclosure Statement CI I of l'insits Planning&Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 Wage Disclosure Statement vIrsmud Planning& Community Development Owner Disclosure Owner Name TC HOTEL LLC NEIL P. AMIN Applicant Name — --- _ — — — — 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) NEIL P. AMIN, MANAGER JAY SHAH, TRUSTEE NARESH PATEL, MEMBER ROHIT PATEL, MEMBER • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity`relationship with the Owner. (Attach a list if necessary) SHAMIN HOTELS, INC. 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 5 I P a g e *NBDisclosure Statement 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. TBD 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. MICHAEL SWEENEY, RA 5. Is there any other pending or proposed purchaser of the subject property? ❑Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 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. MSA, P.C. , C. Scott Acey, PE Revised 11.09.2020 Wage Disclosure Statement Planning& Coniniunity 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 or any public body or committee in connection with this application. Owner Signature NEIL P. AMIN, MANAGER Print Name and Title 1/10/2022 Date Revised 11.09.2020 7 I P a g e I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 re create eight(8) new precincts, rename precincts, and relocate three (3) polling locations; to AUTHORIZE maintenance upon precinct lines to conform with recent district boundary changes; and to REQUEST a waiver to administer a split precinct 2. Resolution in observation re International Overdose Awareness Day (Requested by Council Member Berlucchi) 3. Ordinance to AWARD a$5,000 Community Services Micro-Grant to Giving with a Golden Hand, Inc. re support"Stop the Violence" events (Requested by Mayor Dyer) 4. Ordinance to AMEND City Code Section 7-66 re designation of city highways for golf cart operation and posting of signs 5. Ordinance to AMEND City Code Section 18-108.2 re license code for mobile food vending 6. Ordinance to EXTEND the date to satisfy the conditions re closing a portion of 18th Street between Pacific and Arctic Avenues 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Black Duck Inlet and a 5' public utility and drainage easement at the rear of the 321 Back Bay Crescent re remove and replace a boatlift and four (4) 8" wood piles, wood pier and wood bulkhead 8. Ordinance to APPROPRIATE $240,878.08 to the Ocean Park Volunteer Fire and Rescue Unit, Inc. re an interest-free loan to purchase two (2) replacement ambulances 9. Ordinance to ACCEPT and APPROPRIATE $1,930,000 from the Virginia Tourism Corporation to the FY 2022-23 Conventional and Visitors Bureau Operating Budget re marketing efforts 10. Ordinance to ACCEPT and APPROPRIATE $221,642 from the Virginia Department of Behavioral Health and Development Services to the FY 2022-23 Department of Human Services Operating Budget re Permanent Supportive Housing Program 11. Ordinance to ACCEPT and APPROPRIATE $58,750 from the Virginia Department of Behavioral Health and Development Services to the FY 2022-23 Department of Human Services Operating Budget re support staff retention for substance use and mental health programs 12. Ordinance to TRANSFER $100,000 from the General Fund Reserve for Contingencies to the Department of Cultural Affairs re support the 5/31 memorial design stipends and additional facilitation services including a memorial liaison to families and survivors r�GtN1A BEACH` 4 1, ,,.....ii ,, „..............„ ,t.,,,...., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance (1) to Amend Section 10-1 of the City Code to Create Eight New Precincts, Rename Precincts, and Relocate Three Polling Locations, (2) to Authorize Maintenance upon Precinct Lines to Conform with Recent District Boundary Changes, and (3) to Request a Waiver to Administer a Split Precinct MEETING DATE: August 9, 2022 • Background: The Virginia Beach Electoral Board voted on July 1, 2022, to authorize the staff to undertake the changes necessary to implement state legislative district boundary changes and the boundaries imposed for councilmanic districts needed to administer the November 2022 general and special elections. For the precinct changes, there is the creation of eight new precincts and the relocation of three polling locations. Additionally, there will be a change to the nomenclature of the precincts with the existing precinct names being replaced with numerical identifiers. The eight new precincts will be numbered 0101 through 0108, and the polling locations will be the following: Luxford Elementary School (0101); Diamond Springs Elementary School (0102); Kempsville Meadows Elementary School (0103); Woodstock Elementary School (0104); Pembroke Meadows Elementary School (0105); Thalia United Methodist Church (0106); Linkhorn Park Elementary School (0107); and The Gala 417 (0108). The relocated polling locations will be for Precincts 0057, 0080, and 0093. The new polling locations will be St. Matthews Catholic Church (0057), Kingdom Cathedral (0080), and Enoch Baptist Church Family Life Center (0093). The split precinct will be precinct 0069, which has a polling location of Unity Church of Tidewater. • Considerations: The proposed polling locations meet the requirements of the Americans with Disabilities Act. If approved by the City Council, the Voter Registrar will request the Office of the Attorney General issue a certification of no objection for purposes of Virginia Code § 24.2-129. Provided that certification of no objection is issued, these changes will be used in the November 2022 general and special elections. • Public Information: As required by § 24.2-306 of the Virginia Code, a notice of the proposed changes was published in the Beacon once a week for two consecutive weeks. All voters in the new precincts or precincts with new polling locations will receive voter notices with the name and address of the new polling locations. An advertisement will be placed in the newspaper prior to the November General and Special Elections. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Maps; Summary Recommended Action: Approval Submitting Department/Agency: Voter Regist r City Managertkp 1 AN ORDINANCE (1) TO AMEND SECTION 10-1 OF 2 THE CITY CODE TO CREATE EIGHT NEW 3 PRECINCTS, RENAME PRECINCTS, AND 4 RELOCATE THREE POLLING LOCATIONS, (2) TO 5 AUTHORIZE MAINTENANCE UPON PRECINCT 6 LINES TO CONFORM WITH RECENT DISTRICT 7 BOUNDARY CHANGES, AND (3) TO REQUEST A 8 WAIVER TO ADMINISTER A SPLIT PRECINCT 9 10 SECTION AMENDED: § 10-1 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 1. Section 10-1 of the City Code is hereby amended and reordained to read as follows: 16 17 Sec. 10-1. Establishment of precincts and polling places. 18 19 There are hereby established in the city the following precincts and their respective 20 polling places, as set forth below: 21 22 Precinct Polling Place 23 0001 Galilee Episcopal Church 24 3928 Pacific Avenue 23451 25 0002 Museum of Contemporary Art 26 2200 Parks Avenue 23451 27 0003 Ocean Lakes Elementary 28 1616 Upton Drive 23454 29 0004 Virginia Beach Community Chapel 30 1261 Laskin Road 23451 31 0005 Mount Olive Baptist Church 32 310 N. Birdneck Road 23451 33 0006 Alanton Elementary School 34 1441 Stephens Road 23454 35 0007 King's Grant Presbyterian Church 36 745 Little Neck Road 23452 37 0008 London Bridge Baptist Church 38 2460 Potters Road 23454 39 0009 Trantwood Elementary School 40 2344 Inlynnview Road 23454 41 0010 All Saints' Episcopal Church 42 1969 Woodside Lane 23454 43 0011 Edgar Cayce's Association for Research 44 and Enlightenment 45 215 67th Street 23451 46 0012 Lynnhaven Elementary School 47 210 Dillon Drive 23452 48 0013 Windsor Woods Elementary School 49 233 Presidential Boulevard 23452 50 0014 Malibu Elementary School 51 3632 Edinburgh Drive 23452 52 0015 Calvary Baptist Church 53 4832 Haygood Road 23455 54 0016 Bayside Sixth Grade Campus 55 4722 Jericho Road 23462 56 0017 Bayside Community Recreation Center 57 4500 First Court Road 23455 58 0018 Independence Middle School 59 1370 Dunstan Lane 23455 60 0019 Bayside Church of Christ 61 5025 Shell Road 23455 62 0020 Bayside Elementary School 63 5649 Bayside Road 23455 64 0021 Bettie F. Williams Elementary School 65 892 Newtown Road 23462 66 0022 Point 0' View Elementary School 67 5400 Parliament Drive 23462 68 0023 Arrowhead Elementary School 69 5549 Susquehanna Drive 23462 70 0024 St. Andrews United Methodist Church 71 717 Tucson Road 23462 72 0025 Fairfield Elementary School 73 5428 Providence Rd. 23464 74 0026 Kempsville Presbyterian Church 75 805 Kempsville Road 23464 76 0027 Kempsville Middle School 77 860 Churchill Drive 23464 78 0028 Thalia Elementary School 79 421 Thalia Road 23452 80 0029 Holland Elementary School 81 3340 Holland Road 23452 82 0030 Seatack Elementary School 83 912 S. Birdneck Road 23451 84 0031 Red Mill Elementary School 85 1860 Sandbridge Road 23456 86 0032 Oak Grove Baptist Church 87 691 Princess Anne Road 23457 88 0033 Back Bay Christian Assembly 89 1212 Princess Anne Road 23457 90 0034 Blackwater Fire Station 91 6009 Blackwater Road 23457 92 0035 Kellam High School 93 2665 West Neck Road 23456 94 0036 Red Church Steeple 95 245 S. Rosemont Rd 23452 96 0037 Bayside Baptist Church 97 1920 Pleasure House Road 23455 98 0038 Bayside Presbyterian Church 99 1400 Ewell Road 23455 100 0039 Pembroke Elementary School 101 4622 Jericho Road 23462 102 0040 Princess Anne High School 103 4400 Virginia Beach Boulevard 23462 104 0041 College Park Elementary School 105 1110 Bennington Road 23464 106 0042 Brandon Middle School 107 1700 Pope Street 23464 108 0043 Salem Middle School 109 2380 Lynnhaven Parkway 23464 110 0044 Centerville Elementary School 111 2201 Centerville Turnpike 23464 112 0045 White Oaks Elementary School 113 960 Windsor Oaks Boulevard 23462 114 0046 Green Run Elementary School 115 1200 Green Garden Circle 23453 116 0047 King's Grant Elementary School 117 612 N Lynnhaven Road 23452 118 0048 WAVE Church 119 1000 N. Great Neck Road 23454 120 0049 John B. Dey Elementary School 121 1900 N. Great Neck Rd. 23454 122 0050 The Gathering at Scott Memorial 123 United Methodist Church 124 409 First Colonial Road 23454 125 0051 Kempsville Area Library 126 832 Kempsville Road 23464 127 0052 Providence Presbyterian Church 128 5497 Providence Road 23464 129 0053 Kempsville Elementary School 130 570 Kempsville Road 23464 131 0054 Landstown High School 132 2001 Concert Drive 23456 133 0055 Virginia Beach Moose Family Center 134 3133 Shipps Corner Road 23453 135 0056 St. Aidan's Episcopal Church 136 3201 Edinburgh Drive 23452 137 0057 Woodstock Elementary School 138 St. Matthew Catholic Church 139 3314 Sandra Lane 23464 140 0058 Glenwood Elementary School 141 2213 Round Hill Drive 23464 142 0059 Shelton Park Elementary School 143 1700 Shelton Road 23455 144 0060 WAVE Church 145 2655 Seaboard Road 23456 146 0061 Ebenezer Baptist Church 147 965 Baker Road 23455 148 0062 Restoration Church at Landstown 149 3220 Monet Drive 23453 150 0063 Ocean Lakes High School 151 885 Schumann Drive 23454 152 0064 Rosemont Forest Elementary School 153 1716 Grey Friars Chase 23456 154 0065 Colonial Baptist Church 155 2221 Centerville Turnpike 23464 156 0066 Princess Anne Recreation Center 157 1400 Nimmo Parkway 23456 158 0067 Eastern Shore Chapel 159 2020 Laskin Road 23454 160 0068 Providence Elementary School 161 4968 Providence Road 23464 162 0069 Unity Church of Tidewater 163 5580 Shell Road 23455 164 0070 Corporate Landing Middle School 165 1597 Corporate Landing Parkway 23454 166 0071 Salem High School 167 1993 Sun Devil Drive 23464 168 0072 W. T. Cooke Elementary School 169 1501 Mediterranean Avenue 23451 170 0073 Green Run High School 171 1700 Dahlia Drive 23453 172 0074 Rosemont Elementary School 173 1257 Rosemont Rd. 23453 174 0075 Lynnhaven Colony Congregational Church 175 2217 W. Great Neck Road 23451 176 0076 Thalia Lynn Baptist Church 177 4392 Virginia Beach Boulevard 23462 178 0077 Plaza Annex 179 641 Carriage Hill Rd 23452 180 0078 Indian Lakes Elementary School 181 1240 Homestead Drive 23464 182 0079 Emmanuel Episcopal Church 183 5181 Singleton Way 23462 184 0080 Rosemont Elementary School 185 Kingdom Cathedral 186 3820 Stoneshore Road 23452 187 0081 Salem Elementary School 188 3961 Salem Lakes Boulevard 23456 189 0082 Christopher Farms Elementary School 190 2828 Pleasant Acres Drive 23453 191 0083 Strawbridge Elementary School 192 2553 Strawbridge Road 23456 193 0084 Tallwood Elementary School 194 2025 Kempsville Road 23464 195 0085 Three Oaks Elementary School 196 2201. Elson Green Avenue 23456 197 0086 Haygood United Methodist Church 198 4713 Haygood Road 23455 199 0087 New Castle Elementary School 200 4136 Darn Neck Road 23456 201 0088 Hope Haven 202 3000 North Landing Road 23456 203 0089 New Covenant Presbyterian Church 204 1552 Kerpsville Road 23464 205 0090 Morning Star Baptist Church 206 4780 First Court Road 23455 207 0091 Larkspur Middle School 208 4696 Princess Anne Road 23462 209 0092 Lynnhaven United Methodist Church 210 1033 Little Neck Road 23452 211 0093 Good Samaritan Episcopal Church 212 Enoch Baptist Church Family Life Center 213 5685 Herbert Moore Road 23462 214 0094 Plaza Middle School 215 3080 S. Lynnhaven Road 23452 216 0095 Corporate Landing Elementary School 217 1590 Corporate Landing Parkway 23454 218 0096 Freedom Fellowship 219 836 Regency Drive 23454 220 0097 San Lorenzo Spiritual Center 221 4556 Indian River Rd. 23456 222 0098 Windsor Oaks Elementary School 223 3800 Van Buren Drive 23452 224 0099 Parkway Elementary School 225 4180 O'Hare Drive 23456 226 0100 Tabernacle United Methodist Church 227 1265 Sandbridge Rd. 23456 228 0101 Luxford Elementary School 229 4808 Haygood Road 23455 230 0102 Diamond Springs Elementary School 231 5225 Learning Circle 23462 232 0103 Kempsville Meadows Elementary School 233 736 Edwin Drive 23462 234 0104 Woodstock Elementary School 235 6016 Providence Road 23464 236 0105 Pembroke Meadows Elementary School 237 820 Cathedral Drive 23455 238 0106 Thalia United Methodist Church 239 4321 Virginia Beach Boulevard 23452 240 0107 Linkhorn Park Elementary School 241 977 First Colonial Road 23454 242 0108 The Gala 417 243 2105 W. Great Neck Road 23451 244 Alanton Alanton Elementary School 245 Aragona Bayside Sixth Grade etmpus 246 Arrowhead Elementary School 247 Avalon 248 Baker Ebenezer Baptist Church 249 Baysidc Baysidc Elementary School 250 Bellamy Salem Middle School 251 Blackwater Fire Station 252 Bonney Princess Annc High School 253 Brandon 254 Plaza Annex 255 Buckner Green Run Baptist Church 256 Cape Henry Edgar Cayce's Association for Research and 257 Enlightenment 258 Capps Shop 259 Centerville Centerville Elementary School 260 Chesapeake Beach Baysidc Bapt+st Church 261 Chimney Hill Rosemont Elementary School 262 College Dark Element Srool 263 Colonial Colonial Baptist Church 264 Colony Lynnhaven Colony Congregational Church 265 Corporate L School 266 Courthouse Kellam High School 267 Creeds Oak Grove Ba-pt-i-st Church 268 hand-s+own High School 269 Culver 270 Dahlia Green Run High School 271 Dam Neck 272 Davis Corner Bettie F. Williams Elementary School 273 Eastern Shore Chapel 274 Edinburgh St. Aidan's Episcopal Church 275 Edwin 276 Fairfield Kempsville Presbyterian Church 277 Foxfirc 278 Glenwood 279 Great Neck All Saints Episcopal Church 280 Green Run 281 Haygood Haygood United Methodist Church 282 Hillcrest 283 Freedom Fellow 284 Holland Holland Elementary School 285 Homestead Providence Presbyterian Church 286 Hunt Princess A nne Recreation Center �.�'� cr7rrt.�^C'G rifTTGT 287 Independence Windsor Oaks Elementary School 288 Indian Lakes Indian l akCGsZlement S^col 289 Indian River San Lorenzo Spiritual Center 290 King's Grant King's Grant Elementary School 291 Kingston ' 292 Lake Christopher New Covenantc-byterian Church 293 Lake-Joyce Morning Star Baptist Church 294 Lake Smith Baysidc Church of Christ toogaS kieluawoo s)le0 ao-tgl ijeldft l•179 gaan t° ls!ldee )toGN leGae poonnlueal Oi loogoS AaeluaWOte s)leO ol!gM wtetaogw!J 6CC loogoS olpp!t\l aouopuodoput poo6g6noaogl 80C toogaS A.teluaWGo eflegl etlegl L00 900 loogoS A.teluowoR G6pugmwls o6ppqmans 9CC Aaeiq!-t eO.ty OII!Asdway1 osego PaopealS 17C pty A.teiodwoluoo to wnosntAt goeoe glnos CCC loogoS AaeluGwat9 It!W 13o8 ew6ts ZOE loogoS Aaeluautao )IoolspoOM I-C AaeluOWGt3 )laed uollagS ved uol4GgS OEE JGleMOP!1 to goJng3 Al!ufl fta#S 6ZC auanglogS 9ZE loogoS A.teluGWal3 GII!Asdwa}t uouue1S LZC going° lie OA!IO lunoW releos 9ZE gaanq° lslpogloW Pal!un oloeuaogel 9ZE Gt3 Aen ed ;pooh wotes 17ZC loogoS AaeluOWODD wfoo3 .l .M aapnzt CZE loogoS q6!H Wales tI!gPunoI ZZE paps A.teluowoo lsOaod luoWOso lsaaod luoutasoi I-ZE toogaS AJeluaWG13 woieS On A.teluGwoo )taeleOs 61-E loogoS AaeluOWOta MotAO lu!od MAG1A10 lu!od 9I-C gaango tedoos!d2 IOnueWW2 IteH lueseald L I-E toogaS Aaeluowo1e uOAequuA-t czetd 91-E 9 loogoS A.teluOWODD wtoagwad o3teaquaad 17I-E gamic ls!ldeg AJeAtCO uotleuoa PIO E I,E goango ls!poglaW Z l•C pol!un lepowo, llooS le 6upoglee oql eueo00 l• I-E JGluaO uo!leOaoO�t Al!unwwoo Gp!sAee 0I,C so)teq a-eaao 60C u3AeH odoH 90C goango tedoas!de Galilee gaeo8 q oN LOC going° tedoos!d2 uel!.teWeS poo0 umewatt 90C loogoS A.telUOWG0 spooM Jospu!M Oaowgst✓al 'lW 90C loogoS A.teluowo1e aouopIAoad leuett i7O toogaS AJeluawol3 nq!tetAt fietttelAt COC MC toogaS A.teluowo9 Aoa "8 ugop ueAequuA-t I-0£ gaango ls!ldee O6p!J8 uopuoj O6ppEt uopuoi 00C gaango ls!poglGlP%l PGllun uoAequuAi moGN Glli!l 66Z tGdeg3 Al!unwwoo gaeo8 e!u!6a!A !n 96Z uolfiu!xaj L6Z gaango ls!pogiGW PGT!un sMGJpuy 'lS 96Z leJols0 tiNtEn-SPUe9 96Z 342 343 semis 344 Witoheltisk 345 Wel€snare 346 Central Absentee Voter Agriculture/Voter Registrar Building 347 Precinct 348 349 In the event of a name change to any of the above polling locations, the street address 350 shall be sufficient identification of such facility until such time as there is need to amend 351 this section to effect a geographical change to one of the polling locations. 352 353 354 - - - . - . _ - - - - •- - " - - - - - 355 : .. _•- - - - - - : . - - - •• - - : - • __ . - : :..�- _ = 356 ' .:•. ' . e = •- . . • ! _ - • . - - - _ . . _ _ .. 357 ' - - , - ' --. _ - - -_ - • - - - : . : ., . . .. _ .. . .. :• _ 358 ' 359 360 2. The Voter Registrar and the Center for Geospatial Information Services are hereby 361 authorized to undertake maintenance of the precinct lines as necessary to align the 362 district boundaries to comply with state legislative district boundaries and the boundaries 363 imposed for councilmanic districts needed to administer the November 2022 general and 364 special elections. 365 366 3.The City Council hereby requests and authorizes the Voter Registrar to apply,on behalf 367 of the City Council, for a waiver from the State Board of Elections pursuant to §24.2-307 368 of the Virginia Code to administer precinct 0069 as a split precinct for the November 2022 369 election. 370 371 4. The Voter Registrar and the City Attorney are hereby directed to seek a 372 certification of no objection from the Office of the Attorney General using the preclearance 373 procedure provided by Virginia Code § 24.2-129(D)for the precinct changes authorized 374 herein. These precinct changes shall not be administered unless and until the Attorney 375 General has provided such certification or if 60 days lapses without the Attorney General 376 interposing an objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APP VED AS TO CON ENT: APPROVED AS TO LEGAL SUFFICIENCY: tom" � I Vo egistrar L-C i or4 s ►fi e`� CA15880 R-1 July 28, 2022 :,SENON1 EAVSIOE ByI( f)Istnct E S.Dlstnrt 8 • HNNLCIVI . , Y Necessary changes OW.W S s•A:�S! • • • _�� toEMMA originating from • V'RG' t -\ BEAC Redistricting & .... Al4r.e•le e'a GMswr,r.r(ewN !WJ •aEAKE MPM-"RGs. 1 0 1 System Lan..F1e/R „{ i d, District 2 a • VINE 1 What? • Special Master's maps were used to establish boundary lines for Precincts within Senate, House, and City Districts • Approx. 20,000 voters will move polling locations • New voter notices will be sent to all voters • Eight (8) new precincts created for a total of 108 • Maintenance on precinct maps required 2 Why? • Comply with decennial federal redistricting (delayed due to pandemic) • Comply with local redistricting stemming from litigation • Comply with law • Distance from a boundary to a polling location (§24.2-310 A) • Waivers (§24.2-310 G, §24.2-307) • Maximum number of voters in a precinct (§24.2-307) • Minimum number of voters in a precinct (§24.2-307, §24.2-309) • Eliminate local election district splits (database unable to accommodate) • Reduce Senate and House District splits • Minimize voter confusion 3 Precinct Boundary Changes • Some precincts require boundary line changes to line up with new City, Senate, and House District lines. i 1,„, Carolanne -umseh f' C !_. Point ,, ' ad : i.,. :4. 4 I- 1. ' .. ,A, c, •• %�..r110` IL,:.Etrf'`.• ,,r aT . . 4 .....,, , „, sr N`�� iIi Ktllalfla.< rl ntll rilq \- Y.'P"► „,,,,,lk eld -k• Yellow lines show City Districts. Red lines show House of Delegates Districts. Brown/Tan lines show Senate Districts. Blue lines show Virginia Beach Precinct lines. 4 0002/0005 Current Proposed change _—_, Irill111511 . \ Z ^db10 , 1 DMYpf < /ti I'' Z , i Y �Ml , - > -0.2 . Y. Oheic �Fr qs ...... ,,-- -., 1 ,,,,. .. ,„7 \ 105 _ 5...7 \ ‘1 ''." .... t;: la. Lr...a y /L �t .., , �w>w�lS 1 C �+.. tom 5 •... tr r , Align precinct 0005 to Senate District line. No voters affected. Precinct Information: 0002, Voters— 4321, Senate District 20, House District 99, City District 6, Polling Location — Museum of Contemporary Art Precinct Information: 0005, Voters— 3916, Senate District 19, House District 99, City District 6, Polling Location — Mount Olive Baptist Church 5 0005/0072 Current Proposed change 830 .aa =.2 2 . a n San. f.1 G Moving boundary line to extend Precinct 0072 along shared City District 6 and 5 Line. 91 voters moved into 0072. Precinct Information: 0005, Voters— 3916, Senate District 19, House District 99, City District 6, Polling Location — Mount Olive Baptist Church Precinct Information: 0072, Voters— 3369, Senate District 19, House District 98, City District 5, Polling Location —W.T. Cooke Elementary School 6 0008/0094 Current Proposed change MI i s Gi ct `• Da r - t _ ... c / ii 1 _ : - 08 rear. ..--, 10 0!{ _ II 0f0 ,...iri ti 94 ....„ ,To .. a., - 0/0 lik .„ _ At % AIL lik -, Precincts split north and south along Virginia Beach Blvd by City District line. Voters to north will combine with portions of 0008 and 0094 to become the adjusted Precinct 0008. Voters to the south will combine to become adjusted Precinct 0094. Approximately 1235 voters will move to 0008 from 0094. Approximately 681 voters will move to 0094 from 0008 Precinct Information: 0008, Voters— 3675, Senate District 20, House District 97, City District 8, Polling Location — London Bridge Baptist Church Precinct Information: 0094, Voters — 2341, Senate District 20, House District 97, City District 3, Polling Location — Plaza Middle School 7 0016/0101 Current Proposed change Ilair 1.14, s.:1-----„,_,,, ":*: si r • i4 wn1.IM 4 - nVU A•,n..ar..• uarr fa.. s PS �f i' r , i..r... rel.0 s• r ."' ` 16 . . , i1 ...,, i : ,.....-„. , ! ....., i_ . z . V.b•••1.•• . 2 6•n u j i ,... Align Precinct 0016 to new City District 9 creating new Precinct 0101 (Approx. 889 voters affected) Precinct Information: 0016, Voters— 3674, Senate District 22, House District 95, City District 4, Polling Location — Bayside Sixth Grade Campus Precinct Information: 0101, Voters— 889, Senate District 22, House District 95, City District 9, Polling Location — Luxford Elementary 8 0020/0069/0102 Current Proposed change • cir111d111tW nn N ,�.-- 7 �spltt 1) HSE IOU S was „dr • 20 ,, 20 ,. 76, • (split c c ,uesc Po 2 0 ctD1�H' 0ee oayc� HSC 9 ja c,..r c 'c Seri 2 2 \ ilki \ Create new Precinct 102 to align with City District and House District line (Approx. 448 Voters affected) Realign Precincts 0020 and 0069 to align with New City District (Approx. 232 voters from Precinct 0020 to Precinct 0069) Precinct Information: 0020, Voters— 2146, Senate District 20, House District 100, City District 9, Polling Location — Bayside Elementary School Precinct Information: 0069, Voters— 2960, Senate District 22, House District 95, City District 4, Polling Location — Unity Church of Tidewater Precinct Information: 0069 (Split 1), Voters— 232, Senate District 20, House District 100, City District 4, Polling Location — Unity Church of Tidewater Precinct Information: 0102, Voters — 448, Senate District 22, House District 95, City District 9, Polling Location — Diamond Springs Elementary 9 0022/0026/0053/0079 Current Proposed change plor mi y I —aN YI Fir ,,,,,_ . ., ii., v4 i i4 ' f , � 4 r ,, tCM e. t. \ t '4 S _ E+sy ., % .. ., ' F�. 79 Ctstnct 6r..r+.. f' -" , , _.3 s... w., f hi.tr" '�� os 3 �, �V o7a � ,3 \---nW.., plitrl ' :, w,'' - :22. t c,, _ f{{ G s, a� ,u� `\ 3t! S x.y,. , Alkil . -.n-.. Precinct 0053 expanded to align with new City District lines. Approx. 700 voters moved from 0026 to 0053. Precinct 0079 change precinct boundary to encompass voters from Precinct 0026. (184 voters) Precinct Information: 0022, Voters— 2547, Senate District 22, House District 95, City District 1, Polling Location — Point 0' View Elementary School Precinct Information: 0026, Voters— 1957, Senate District 22, House District 97, City District 1, Polling Location — Kempsville Presbyterian Church Precinct Information: 0053, Voters— 3467, Senate District 22, House District 97, City District 3, Polling Location — Kempsville Elementary School Precinct Information: 0079, Voters — 3532, Senate District 22, House District 95, City District 3, Polling Location — Emmanuel Episcopal Church 10 0024/0091/0098/103 Current Proposed change Pr -' \--\: `# .._ ' am" ��, v f or , ''''''' N.'' -77-17 .24 - • . 0,-- + ... .... x. _ ...,.. . . , ....... , ----- ..•..... . ,..... 4 . „, -. , ... ',., :,:-„, ,,,,.://,, ,.....,_ .! ,,, ,, „,... . . ,.. '-' i h4 n • ,. �.. 4 9 8 ,,,. , ?4 -17- r..r..r• - a...... 4 - -,.. -t..„ ..,...ob. : „:„. . „..7.,„4. „ , ... .--- ....... „ .,.,, n,.......,. ) ,....„ , ,/ , ...........„ r._..„ , • ,- - • — n.: . 1.- // , . „, . .. , ,.. ,-.., . ,... ,,, �M .e ,•• - - ,a1.-. -' .-. .—4...' .- 91 Approx. 1185 voters moved from 0024 to 0103. Approx. 614 voters moved from 0091 to 0103. Precinct Information: 0024, Voters— 1279, Senate District 22, House District 97, City District 10, Polling Location — St. Andrews United Methodist Church Precinct Information: 0091, Voters—4486, Senate District 22, House District 97, City District 1, Polling Location — Larkspur Middle School Precinct Information: 0098, Voters— 2369, Senate District 22, House District 97, City District 10, Polling Location —Windsor Oaks Elementary School Precinct Information: 0103, Voters— 1799, Senate District 22, House District 97, City District 10, Polling Location — Kempsville Meadows Elementary School 11 0025/0041/0057/0104 Current Proposed change N......... ii r e e Nwirt `.e •F b, .F►+wv. &A 1 SIDm tt i JW.a t ,� i Q � < s h i F, .E 1 c a_. D. I _ Al F. P� < N1 rL ..y,9 z Y 104 . z _ A J' �i��.« Goa. '. un ...ifa 'u , :►r...rp L ChatRC Fri a'i Uh lames Move voters west of Military Hwy from 0025 to 0057 (139 voters) Move voters from 0025 southeast of power line to 0104 and northwest of the power line to 0041 Create new Precinct 0104 by dividing 0041 at the power line (2939 voters) Precinct Information: 0025, Voters—4020, Senate District 22, House District 95, City District 1, Polling Location — Fairfield Elementary School Precinct Information: 0041, Voters— 2113, Senate District 22, House District 95, City District 9, Polling Location — College Park Elementary School Precinct Information: 0057, Voters— 2365, Senate District 22, House District 95, City District 1, Polling Location —St. Matthew Catholic Church Precinct Information: 0104, Voters— 2939, Senate District 22, House District 95, City District 7, Polling Location —Woodstock Elementary School 12 0027/0091 Current Proposed change ate.Park t ras hmcrc ais• F c a .. yoraW 'P. ir Y rn�r g . \ ... . . { 024 24 .„ , 4 Lark }... Darns Larkspur O Fart kiddie , .t School se' ernes„rte 'ens Middle q` 'sr� ` School 1. DI Str l ct Ss alit, 0 027 Cerhalc � • 22 gh School ��1 t. Y7 , , 4.-:- \9 1 O6ti ,,, �b045 . iftwill11111411111k. All Move voters on south side of 0027 to 0091 (1472 voters) Precinct Information: 0027, Voters— 1617, Senate District 22, House District 97, City District 3, Polling Location — Kempsville Middle School Precinct Information: 0091, Voters — 4486, Senate District 22, House District 97, City District 1, Polling Location — Larkspur Middle School 13 0038/0105 Current Proposed change 03 138 E N fci'' t ,,,, hw,! Otl.. 4 u WI ti, � r� fch Du d fc,a '' Po,, x` ,Echoer Dow. , W, c,h r �g r r � ( 105 / , - ' , i p f R.....i tl j r ♦ r F rl rpD.ls G iil� c Move voters on southeast side of City District line to new precinct 0105 (949 voters) Precinct Information: 0038, Voters— 3081, Senate District 20, House District 100, City District 9, Polling Location — Bayside Presbyterian Church Precinct Information: 0105, Voters— 949, Senate District 20, House District 100, City District 8, Polling Location — Pembroke Meadows Elementary 14 0039/0106 Current Proposed change r, .W 1 �kd , „5„r r s 039 3�J anM Fein.. Hqh.heol Hyl F`ad QC �'. ft lIlliItllie , y,n� hal Move voters south of City District split at Virginia Beach Blvd to new precinct 0106 (2114 voters) Precinct Information: 0039, Voters— 2675, Senate District 22, House District 97, City District 9, Polling Location — Pembroke Elementary School Precinct Information: 0106, Voters— 2114, Senate District 22, House District 97, City District 4, Polling Location —Thalia United Methodist Church 15 0048/0107 Current Proposed change First First P e Cobnbl Cobniotl tr High 7 High Neck. Sc hoot schoot ;, k: T .V., f o _a z • \ r II tic rince v.,.-`+111,- M nxoriiI F..1 t II • 'strict .'strict 20 20 :nPlw I1 .., ; 048.- J n • 107 Move voters from 0048 south of City District split to new Precinct 0107 (1537 voters) Precinct Information: 0048, Voters— 2145, Senate District 20, House District 99, City District 8, Polling Location —WAVE Church Precinct Information: 0107, Voters— 1537, Senate District 20, House District 99, City District 6, Polling Location — Linkhorn Park Elementary 16 0049/0108 Current Proposed change i i i ! t .. Avc ••. :1I shaven:400rhot es sr' , 108 .c 49 '- k ,pi LYnnhaven -n i v` '},.... LYwnh000n Col onY N,ao c Colony -.z ., Eta�:n 4 we ... Eras.,:.. �: 01.111.11111111111111111.11111111111.1111111111 MIIIIIIIIIIIIIIIIMMIMMINIMMINIM Move voters from 0049 House District split to new precinct 0108 (846 voters) Precinct Information: 0049, Voters— 2783, Senate District 20, House District 99, City District 8, Polling Location —John B. Dey Elementary School Precinct Information: 0108, Voters — 846, Senate District 20, House District 100, City District 8, Polling Location —The Gala 417 17 0058/0071 Current Proposed change li District pi District Sat m Sala m ktddir ;,tev r btddle GM,/i Schr»I I. trict - schvoi A Di tract -clam Kgh -6 c. Salem Niyh ,6 e h"�{71 064 ll ``h'4�71 064 7 097 .. , 71 .f x` Ili ,prCut'- Elementary anre Gka , she.,1 Fail, .�,s E Seemi� l3Ent►y l Gale Paced L Gate BeePar a �a 5'� w d) G 142. P, :-- El ettv.od Forest 'y D am Stumpy Lake 1itli,, Farr;; :tot)py Lake Nacrest Move voters from 0058 north of City District split to 0071 (909 voters) Precinct Information: 0058, Voters— 2411, Senate District 22, House District 96, City District 2, Polling Location — Glenwood Elementary School Precinct Information: 0071, Voters— 2893, Senate District 22, House District 96, City District 7, Polling Location — Salem High School 18 0064/0099 Current Proposed change `�. / Nrill cra„._ Salem t{ x 3. alKmF[w!r , 9119 -YnbCon _ 1;6 .,„ Ceres Fy - Ds4lc1 - D-M'1[1 .. 64 .ry d.M.. nv lc —i- .. ., Ctn. ' Ito. ` y - wI 1 .' ate [,t K, f s lLt.n �''�YF,F LM.t r..� �z D'ftict WI. It:t V, _�- M M Move voters from 0099 west and northwest of City District split to 0064 (1050 voters) Precinct Information: 0064, Voters— 3988, Senate District 22, House District 96, City District 7, Polling Location — Rosemont Forest Elementary School Precinct Information: 0099, Voters— 1751, Senate District 22, House District 96, City District 10, Polling Location — Parkway Elementary School 19 0057 - Saint Matthew Catholic Church located at 3314 Sandra Lane, 23464 v N` 7 1 St.Ma •,Roma' Aaron's PRO-LAWN C- .lic Church - Tempae Temporeniy closed J e ( 9 Lighthouse Construction 8 Development T►estman Ave se istmklster Trainmen Ave a P •esbyterian Church Trestm 9 5 ,� 9 jp wang contracting River Sherri Ave :e s rut•s Wild Mustang Transport o. - Nolan Ave ii, CI Bitscc 9 sue,,.e AMF Indian River Lanes 9 I 9ACE Cash Express Sherry Ave Capital Consultants ® Y 0 QNowCare Medical CD # Center-Indian River Coastal rginia Unitarian its ® H&R Block Uni alists(CVUU) Chanellos Pizza#119 Home 8 Crematory 2 tee c 9 Hollomon-Brown Funeral '��,sz+•E ® ,, 9 m� IgoQTidewate Pizza Hut 9Taco Bell Finance r / - ca,•c--mac•: /radian R.„, ej R M,p, d ola a. a, O ?i Obi nO J Saint Matthew Catholic Church was previously the polling location for 0057. Saint Matthew is located within the precinct. The church is about .3 miles from a public bus stop. 0080 - Kingdom Cathedral is located at 3820 Stoneshore Road, 23452 . S',ND OR 003 WES7 V k ,-.0 rdli,,Na.art Sups,ente. \-I • . Unrtetl States • i,' 1 i I....se A e s•_ / - 9'ce. P V.,.c.7 s r ; k ...s. , We < .D Ed Naval Air St Sams,/ 40t tynnhaeen Mail ; r A THIMIERLAICE ft NC Srl'.= ,e- ..is t' illar s00 1 i Keeney S ••5' ..•1. , ;.,, .,.• -- .. ._, 8 1. mssrovement I . T. Unfits trssi-4.9insa ' i. ,' i / 14, Harris Teeter f IP '• ., it .,, ® ' 9 ..',,, langdom Cathedral .Gcvs Pharmacy Green RI CORegiat4/0"; i d , -,..- F .. AM UMW '. 'i IN T°°° • Us§an bistro '' Rose-, Besmsrary s,P -- Eiementars ScRso. .E.- Park.) Ekvnerstirs 1 School- a .. Z., 1 : r WalmareSupementer 0 1.. a (--i te - , C6›1.70811.4 Wairnxt Neighborhood mark .4.. et OW . is,,,•."'-' 1, BUCKNER FAI Frassung St.,. • ci---.-.: We...,,,,, it 1 *awl Ike/ ‘.,..,' Reavet\iicti Brewing C . oc) "Veterans i' , 1W8reirery Company Ede I. a AY/ Si=ir OTcaliespowatitt Community C .,, ' •ms 1® , ,t,„ N ....... • 44 %Ida I.Jfidg0t, Sesta,Princess 1 %fit .. .. Anne Hospts' 4, Kingdom Cathedral is about .5 miles from the previous location, Rosemont Elementary School. Kingdom Cathedral is located within the precinct. The church is about .05 miles from a public bus stop. 0093 — Enoch Baptist Church Family Life Center is located at 5685 Herbert Moore Road, 23462 a Ebenezer Baptist Church c oa s- =ointe Dr 9 Craig Aviation Services a weeklYan Dr F DI tVeve yan�� A Q rY Alpha Omega Logistics a W@S�EYBn + 1Nes( 8�� Te+npae:itycioset Z Or QCampus East Community Associates �, GQ m S o 9 1a O AMW piU e � g LUCY&LUCY a �'fy aSERVICES INC rus Betty S Rogers Track® Hit Hat Production Studio Da TemaZantY cbs- and Field Center 9 9Strivr CacoP°`-'D O 0 �� 00 Guard C{esce^` Rd Sprit o old Guavd CTescent M�pte ,, 0 Moore Rd cy z F{etbert a Essen'e co i 9 9 Hecbect MpOce Rd ' Enoch Baptist Church 0. Hoch Cnnstian Lilly's N Bloom Studios 9 cademy Tempo,ant),dos e Kenneth R Perry Field ,Qa�e°` at TowneBank Park RaccatDw�teOr gaccakau ® Zy Sheet Treat ,, Vas. Dr 9 3 V`' New Bethel ° Cathedral Worship (Heritage united A Enoch Baptist Church Family Life Center is.08 miles from the previous location, Good Samaritan Episcopal Church. Enoch Baptist Church is located within the precinct. The center is located about .15 miles from a public bus stop. 0101 — Luxford Elementary School is located at 4808 Haygood Road, 23455 [n 0 o,r t T.Parana° S 4. Taylors Do it Crew 0 t + £ H,w 4,mg, t&tetentux at if U ` "�d, Q+ a.e^' •V The UPS Stett _ to,q ` Drop ba(oi �� bid , _ O�„"'kk Pod Lats 4irwi O. ` •g `�tturs £ k ataw� 0 T>e�$SyTxp > e �i OWW IY.eO* ':' g ° - pA au,yooa SPataq ta.aw aa., i -- kw an0 SW Oea:rtV _ --- O 11 ® _ Dotooto taza - BayxMe H.gn Scholl t ra 3 „o• Cottle Sc.. ,.. V 7•EMrenV apY'ASaaP.Ty PTA® 5 ,- Haygood Barber ISoppj Qw - �._.- Nav ,��3 CasT�atfii Pfml .a' A a'• t,� r. „. g„,,, ,,,„,.„ ..„„ Qc*" S.vaMd.pesa.woG w�'lit aat Soller -- " `^ rOMY Di0 tbnatwn Luxford Elementary School is located within the precinct. The school is located about .05 miles from a public bus stop. 0102 — Diamond Springs Elementary School is located at 5225 Learning Circle, 23462 4,, • � f/ Z . Llama Sta•es VA Mrpnga leach GH c .. Ia :at..a w: Bach Midd.Sdna ``+ ,� ze:• LpMMMSdw., Q i 0 '. F p,e i Ne«"car Rr �.... waa 4,-- KE EDWARD NORTH New;o+..RD t.,,s<` VA N•wLokn Rd •b .. Y.r� `�y.. CMNiuile.S.EMAP® MO.i.NRirns '+� afVr1 _ `4.' Dame d Spnn9I % i 4 iC {Lana New 1R t NeoVAK BM,F dttikams Eementary t = } P'aaesla _RNa - ,�f^ ,_ DesseeMe,Stood , y C to ca ¢-.,., a C i. E °f ? - i t s eg "w di r f Nrwtown Defeat,Sdad° I a C. .. `�' Ira / CO`h., # a Pons,.EstatesOc. S And Mast,las •n 4. a f 6 Hou AK. f ^t^ 4g � Y K;b �,.,e ' ^y, 1 3 � ,. �,Rosewood Masa.Pah Canary _ ' c _ 4 Y..Raltar.Ls • r `R. a " Y key to t '.a` F y F_-K.K..g NK(dean MC rMaaslL "�4,4 _. °rb, �' 1 ..w�ny art Q q{s:{ i" Maur Kebab A Man c 5 ..4, - C'.�...-,..q Echo.s d Tme 0 1 t coswnesa+/wtapa. wa Diamond Springs Elementary School is located within the precinct. The school is located about .17 miles from a public bus stop. 0103 — Kempsville Meadows Elementary School is located at 736 Edwin Drive, 23462 oil 4/ ...... / I \ I • , k. ,, \ c.4 1, 65 - \! I ''i '''''''''''0. Ill.MIN= 4 ----...y , ..„,,,,.,;,. .........o.„ \ S. 161..124.160. ...,, Nr . ', 4 _, 41.117.alOin®, t i • ' 7 1 ' -1/4 np Or toe I 1 VIA ,* *IP— ® ... ';., ):4..•t.,,,,.;.‘ d S i , 4'r 4' fr /Y I , i Komps...WC.Scr.si W '''N Orldran WON.,..;/ se.- / 11,11,10 s ...440.•.... -,,,, ',is., NS • ,e Drvooen 1 '¢ 19....., %. 7 lima° I...Rory 5,1994 VD / \\\ , 1, , ERshoc S.IfnaR Cath.c manor ScRoot \ r---® . / iT -, ..:e i eeolNICk \ t A ‘ Kempsville Meadows Elementary School is located within the precinct. The school is located about .17 miles from a public bus stop. 0104 —Woodstock Elementary School is located at 6016 Providence Road, 23464 Sai _" ,ate KF<u 15 S f� O, i s j Ad - 5l 3 _ +,t Z , ,. z' 3 e. w_,.$0 , is - •_ i 1F - . w� FeoA lnn`*' CAI. y '"le, ,- ``> i hwnet tiarEe.Step s`Y, - ......1.,In./Ripy/) ., ' °°° . M6a.Rrm ltm0 ° yr e ad o 9 . Pro.pence saes'. Wooduodt i, w ` rne`ew� BntPerttary SdtoW The Rest.Rasa a as �X'4 4 fondly • CctN:e ls. �„_,.:.r+s+f Ce'..... y: << UPS Accde Pont r.a ,y„s 3 .` '4Jvn 3 FOCa00n eeE RO }` p>j 2 V Aqua I.ase Pods k. M P'l+xntaty ,,,,, f w ol R and awe _ 0 a' P'oeMwwe Part a eta Caesars Pim p�W,,.,� e, GCAen Cho,. �"J m O �t '4C Prtta,a.,' NIP I !Rp .q. t �sys £ F a-d lMni■) Pt0'^"' Won Rm..an3 VDOT:faflK a t v 1 Res;,,„ CPe'Xwtn Center v t j.rng Bonn SA»rs 012.21 �4� _ Opus Wool°If"` . \I) ` 5s, ,,,s's cG ; F a J "w f i e `s `'mac Roses Onset Stow N - > - �4 i a rY .1“S E t F ^ Me CN'P Z s i acq..y t` a CI, v C Fusncutz G'oomm9 ceu^9• AOwyAon vatage Pod0 i ; t_ j'`• _k ' £ 1Pap a Raub Home. 3 g i`r ':.,,'e.c 8 - `_ 2«dl^/ v 3SWf tmworwme,.tL/ I y S 4 I \ w«+M (f} 4 Se Ow,ge t 3 a,p� Omega.rO Marna. ® P Woodstock Elementary School is located within the precinct. The school is located about .21 miles from a public bus stop. 0105 — Pembroke Meadows Elementary School is located at 820 Cathedral Drive, 23455 _ 40 . , se- zi ,, tn,,,Th,„,,v ,.. ,AM COutericr „ ., a q - S. Adependence6 mmal o, - - te"..- ..,.....a.....0 v Walanteas 44,4„ ' CUM Spawns.Pc Li) (j) 9 .... , Iliworr Ch.,_bcnco i't / i Bementry School PEMBROKE ' J -4* .6 ... ,,• , , i :ones Cemete, / ic G.",,,, ilVilffiliChilf1.1 SWIM ,,x - - -,..--- •e, - ; VS ti 0 ‘ t Nal& / 0 - i , ' c@ig iarpp a r4lap PIC "'IP' 747,7,:el 0 I t ' 1 MCara PIPPO*Saba° a - k c ; PEMBROKE , --' J ....d.o,d ... .,. 1 1 _ c-.) ' Eays.attVrade Ele4: .,--' Pembroke Meadows Elementary School is located within the precinct. The school is located about .20 miles from a public bus stop. 0106 —Thalia United Methodist Church is located at 4321 Virginia Beach Boulevard, 23452 € a q Ran4a` � pxadf a "T. 0 :.. a94 a yr Spa:.s 4 ..:Ca.,:® TO F A2Hca+�`.'TTe taugate spurn out _-.f n--e Z s LWa,rsm U :� hveMra.e Ma- GsinmeSKnua, TM`u F4Tenwy ...:C - z I o+_J Span�q Morcott - `a., �^''i($® o�„ UK. motto a «„.tea , ._, hetks O 7S7 A. O FAd,Mb(.) - f a oa,c O NxM4on Lack Q �./ .�,,(� E awa,K prwra Lreae�� «Cne<._eV � L°'rM""'ffiO J a t wNOre«,s CIs I awirS S i S `- pnnCesf Ame N'9n ScMG� r.=.ottrce p+m L 0 I bet CNEFSKALE _mines Art der.bp, Banes L Mob O f' s`..c,e-:v Gaism Lr. t y fACTORvCrgew teach-. �1 Then. _V* !� - Sr,Ob COMM re. \ Methodist Meth �a'a10L�L,OeeO`�., c the serb,w.nq 1 prc5,..a' Feet d w B Tri,.© „;: UtTA L: faY,7.V4gaee_-. Da. hock -, O S 77 L Lgatl = CAP I fr/e,Lx® Sit Tx..® ►��' SOWS Sid-0 MOM."a 1 ,A.,....,S t C dome Yartel u J tO oTropical Saea.FeCa1e ll ,IWI.F YR. aPa 7F tans 0, are - _ s - - _ .. _. _ _. d t.mc s•A^a` sBeNeraeeen leap IMO f anu.r 1 - Y w Rd O I Comma,.u - Y- y ,,,+T. i a 3tBono',i _ f A a "`p s # I z • 4.�.a a E. Thalia United Methodist Church is located within the precinct. The church is located about .07 miles from a public bus stop. 0107 - Linkhorn Park Elementary School is located at 977 First Colonial Road, 23454 c.a.,. k. toanr G ......,-.Th�..' .each freers � _ ``II'' a: con«.Snow LJ a.% sr V ' l 7 4 g , tea' e x t�Pk'°ry I.Y.sc Oi�rMs11 :.tt+xs Ow° CO D�'e AwciNu K ^+car,p4,•Y4 4, 0 h e•.;,-•:;. 1 S £ N fancy lip Ea+ - r ih.-i... pr p`"_ 9 —.E.....e LlrtAxn Prt _ C - Henrntar,,kwoa !o. a 1-�` ---�ic:N CIA,eMSTtTu'E Z., ♦ - Ky; k"K.,.......... .„.. ...y.1 -,••• #\ '1, ALOICid Asi.06./../1.1.1140 t, S. • £ Ter.Of Yiww UC k 3 < Pb Wcys„a a Rh 1 VrdK`u`e aC R PO _ t' ..> i © �'•'-- ilu.utcM.s fay 3 .ar iw usrc '� z` _ € s 5 a 1 gas 'worwawG coemec xe �^ �yE„pfa.�vreA { P'eeee r •a^^'X,, 2 r am' _ ` 6CO 1111 Linkhorn Park Elementary School is located within the precinct. The school is located about .07 miles from a public bus stop. dois snq o!lqnd e wall sellw cz• Tnoqe peleool s! L ki, elee eq.!. .ioupaid eq u!qi!An peleool s! L 1,17 eiee eqi ,N30.41 El , 1.11041)133N 1,11311D ..../. i t,es' , - / •-- IaL -......i 'Atm,'e9 '-5 -,S.11 r, Wi r ... 1 I k_ • ; i,„..,„,v __ ....-- Apr , , ,.., ,. :___-- , .NO,1/414.0,0 ...")........$•1404,, t i \ ., ...11 Wr1.001,WOW r4 z,LOA, , 1 t 0 0...., • ''\ -,, '• \ --"''' 1 = ' -..0-.. ......-,-.on 7" AVOIS 14v I -.., ' ,---•"- b Oisamooft S3110145 't • , N3M/14Nt4A1 ', ,s 5 -- o„,,,,4, ® ,,S 9999712r" aisou 13 ® -67!),,.....•- 1 ,..., _,...0.,- ,...... oitud 4 ,.., al[1.0w Son so-um. w 1.9VEZ `13802:1 )10eN lee-10 'M 9012 le peleool s! L1,17 ele9 eq - 901.0 ,c\s.r`a4jc1 1 0y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution in Observation of International Overdose Awareness Day MEETING DATE: August 9, 2022 • Background: The Virginia Department of Health has concluded that opioid overdose deaths in Virginia were the highest on record in 2020: an average of 4 Virginians died of an opioid overdose daily in 2020, emergency department visits for overdoses increased by 33% percent compared to the prior year, and overdose deaths increased by 17%. That same year, 103 opioid overdose deaths occurred in Virginia Beach, which is more than double the number from the prior year. Overdoses cause immeasurable harm and hardship, and people who are affected by overdoses come from all parts of our community; they include our neighbors and our family members, and they are deserving of love, compassion and support. The City's Emergency Communications & Citizens Service building and the Convention Center have LED lighting that can be used to illuminate the buildings in colored light, and the illumination of those buildings in purple would promote overdose awareness • Considerations: The resolution designates August 31, 2022 as Overdose Awareness Day. It directs the City Manager to illuminate the Aquarium, the Convention Center, and the Emergency Communications & Citizen Services building with purple lighting in recognition of Overdose Awareness Day on August 31, 2022 and to cause City flags to be lowered to half-staff on that day. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmember Berlucchi REQUESTED BY COUNCILMEMBER BERLUCCHI 1 A RESOLUTION IN OBSERVATION OF INTERNATIONAL 2 OVERDOSE AWARENESS DAY 3 4 WHEREAS, the Virginia Department of Health has concluded that opioid overdose 5 deaths in Virginia were the highest on record in 2020: an average of 4 Virginians died of 6 an opioid overdose daily in 2020, emergency department visits for overdoses increased 7 by 33% percent compared to the prior year, and overdose deaths increased by 17%; 8 9 WHEREAS, that same year, 103 opioid overdose deaths occurred in Virginia 10 Beach, which is more than double the number from the prior year; 11 12 WHEREAS, overdoses cause immeasurable harm and hardship, and people who 13 are affected by overdoses come from all parts of our community; they include our 14 neighbors and our family members, and they are deserving of love, compassion and 15 support; 16 17 WHEREAS, International Overdose Awareness Day is a day for remembering 18 loved ones lost to overdoses, for enhancing public awareness, and for ending the stigma 19 of overdoses; 20 21 WHEREAS, the City Council desires to express its support for those impacted by 22 overdoses; 23 24 WHEREAS, purple is the color used by supporters of International Overdose 25 Awareness Day; and 26 27 WHEREAS, the City's Emergency Communications & Citizens Service building 28 and the Convention Center have LED lighting that can be used to illuminate the buildings 29 in colored light, and the illumination of those buildings in purple would promote overdose 30 awareness; 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA: 34 35 That the City Council hereby designates August 31, 2022, as Overdose Awareness 36 Day in the City of Virginia Beach; and 37 38 That, in recognition of Overdose Awareness Day, the City Manager is directed to 39 (1) illuminate the Emergency Communications & Citizen Services building and the 40 Convention Center with purple lighting on August 31 , 2022; and (2) cause the City flag to 41 be flown at half-staff on August 31, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2022. APPROVED AS TO LEGAL SUFFICIENCY: ro.r.&t/4 City Attorney's Offic CA15870 R-2 July 19, 2022 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Award a $5,000 Community Service Micro-Grant to Giving with a Golden Hand, Inc. MEETING DATE: August 9, 2022 • Background: Giving with a Golden Hand, Inc. has applied for a Community Service Micro-Grant in the amount of $5,000. The mission of this local non-profit is to "encourage youth-at-risk to become creative and responsible adults by improving life skills including leadership development, communication skills, problem-solving, and mentoring." Mayor Dyer is sponsoring this application. • Considerations: The requested grant will support "Stop the Violence" events in the community. For one of the events, the organization would like to rent out a movie theater and provide youth in the community with a movie and food. According to the organization, the cost to rent the theater will be $1,600. In addition to this, on September 3, 2022, the organization plans to hold another "Stop the Violence" event, where the organization plans to distribute 200 bookbags filled with school supplies. The organization also plans to provide a bounce house and other activities for this event. The anticipated cost for this event is $2,000. Finally, the remaining funds will help support the cost of a "Stop the Violence" themed gala in October. The total cost of the event is expected to exceed $5,000. • Public Information: Normal City Council agenda process • Attachments: Ordinance, Application, Disclosure Form Requested by Mayor Dyer REQUESTED BY MAYOR DYER 1 AN ORDINANCE TO AWARD A $5,000 COMMUNITY 2 SERVICE MICRO-GRANT TO GIVING WITH A GOLDEN 3 HAND, INC. 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That a $5,000 Community Services Micro-Grant be awarded to Giving with a 9 Golden Hand, Inc., to support "Stop the Violence" events 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: Budge nd Management Services it orn y's Office CA15874 R-1 July 27, 2022 DISCLOSURE STATEMENT FORM _ •.:.yam Pc"Ta.-'L•�I:.TKS1'0 �...s_..__-_Y:X:lVl9"'_.�.�.'.'1�..-�..��.�� ._.T�aT. 16:is:r�.Laffia'..5. . 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: Giving With A Golden Hand 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) El Accounting and/or preparer of your tax return Financial Services (include p lending/banking institutions and current mortgage holders as applicable) Legal Services CI Ei Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Sheri Johnson 07/14/2022 APPLICANT'S SIGNATURE PRINT NAME DATE City of.11/4B Virginia Beach COMMUNITY SERVICES MICRO-GRANT APPLICATION Organization Name: Giv )9VvR+) Q� �� vir9iiia Address: 101 NILynn I'?QI1c() goad. 00I -Ee 205 jorocfr\ Phone: 15' - 5in - 2 D 6.5 / 15 --7 _ Q o y -0 ' A-. 2_5 4 -z., wttho� t en hQ(J� corn �l Y l n9 � � J' ai 1 . cOY Amount of funding requested: $_5000.00($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 consideration and potential approval by the City Manager. kA4 ( ffdeiV 1 I)W P/11141,‘ 7'/A2-2 City Council Member Printed Name/Signature Date Organization Status/Category Please select the option below that best describes your 501(c)(3) organization: ax exempt under Section 501(c)(3) of the Internal Revenue Code with a valid tax exempt number. El Recognized government entity: state, county, or city agency, including law enforcement, fire, or EMS departments (including volunteer organizations) requesting funds exclusively for public purposes. LJK-12 public/private school, charter school, community/junior college, state/private college, or university. Page lof3 JNondenominational 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. on-profit organization having state, regional, or local services benefiting the residents of the City of Virginia Beach. Are you applying for funding for any of the organizations listed below?Yes O /No If yes, please select the organization. ❑American Cancer Society❑ American Diabetes Association ❑ United Way ❑American Heart Association E. Children's Miracle Network Li 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). 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). 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 partnershiphas existed. 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 providedto date, and how long the funding partnership existed. Organization Authorization/Signature: Page 2 of 3 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. f� GO 1 d�Y 40 0 Organization Name: lJr V`�l �"c (Printed Name) Authorized Agent: D he � ��`.��7�r� j ))7 (Printed Name) C Authorized Agent: E C U±1 V r 0 r - (Printed Title) Authorized Agent: ( R, — -- —`--- (Signature) Date: )2 /—) ZO Z-Z--- Page 3 of 3 1. Yes, we do benefit the communities within the city limits of Virginia Beach.We service the city in the area of giving out pampers to families and we service 40-50 families a month. We also give out food to the community as well.We have monthly workshops in the community where we discuss topics that matter. Giving With A Golden Hand and she wanted to they wanted to create a place with activities and services for children, adults,senior citizens, and support organizations in the community.Since our inception, we have proudly served more than 400 families in our communities in 2022. We have given out 100 Easter baskets and shoes,we have blessed mothers in the area for Mother's Day. For thanksgiving we will give out 100 vouchers and continue to bless families during Christmas who lost a love one. 2. The service we tend to provide is a stop the violence event where we would like to rent out a movie theater and take a group of youth to the movies and provide food as well for the youth. The estimated cost for the rental is 1600.00 to rent out the theater just for our party.We are also having a stop the violence event on September 3, 2022, and the funds will help us for the event.We want to give out 200 bookbags at this event filled with school supplies.The total cost for this event will be 2000.00.We want to get a bounce house rent the venue and get activities for this event and get the licenses to host the event. We will be fundraising as well to get the funds together for this event. We are also looking to host a GALA in October a stop the violence is the theme.This is looking to cost us over 5000.00 to host so we are reaching out to businesses to assist us.We will continue to service the community with our pamper bank. So we will continue to provide pampers, clothes,and food. 3. No,we have not received any funds 4. VBrelief Nonprofit Grant Program was funds we received on August 20, 2021. We were awarded 6,250.This was one time and this was not ongoing. / rll1A6S el FS -'6 fp, tzte.1,;.1.4:.,..........4? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the City Code 7-66, Designation of City Highways for Golf Cart Operation; Posting of Signs MEETING DATE: August 9, 2022 • Background: On October 26, 2004, pursuant to the authority granted in Virginia Code Section 46.2-916.2, City Council approved an ordinance permitting the use of golf carts in designated areas of the City of Virginia Beach with authorization of the Council. Currently, the Heron Ridge Estates, Lago Mar, Chubb Lake West of Pleasure House Road, Ashville Park, and Chesapeake Bay East of Northampton Boulevard neighborhoods are authorized to allow golf carts on City streets. • Considerations: Residents of the Highgate Greens neighborhood have complied with the petition procedures and other requirements of the Department of Public Works for the purpose of having the neighborhood approved for use of golf carts on public roads. This ordinance would add that neighborhood. The ordinance would also add the 5000 block of Ocean View Avenue to the Chub Lake West of Pleasure House Road neighborhood; that block was unintentionally not included in the ordinance that added the Chub Lake neighborhood. Finally, the ordinance contains a minor edit to spell out the word "Boulevard" in the section regarding Chesapeake Bay East of Northampton Boulevard. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the amendment to the ordinance. • Attachments: Ordinance and map of Highgate Greens. Recommended Action: Approval Submitting Department/Agency: Public Works 2-5W City Manager: chP 1 AN ORDINANCE TO AMEND SECTION 7-66 2 OF THE CITY CODE PERTAINING TO 3 DESIGNATION OF CITY HIGHWAYS FOR 4 GOLF CART OPERATION; POSTING OF 5 SIGNS 6 7 SECTION AMENDED: § 7-66 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That Section 7-66 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 7-66. Designation of City highways for golf cart operation; posting of signs. 15 (a) Pursuant to Section 46.2-916.2 of the Code of Virginia, city council may authorize by 16 ordinance, the operation of golf carts on designated public highways within the City 17 after (i) considering the speed, volume, and character of motor vehicle traffic using 18 such highways, and (ii) determining that golf cart operation on particular highways is 19 compatible with state and local transportation plans and consistent with the 20 Commonwealth's statewide pedestrian policy. No City highway shall be designated 21 for use by golf carts if such golf cart operations will impede the safe and efficient flow 22 of motor vehicle traffic, or if the highway's posted speed limit is greater than twenty- 23 five (25) miles per hour. 24 (b) All requests made to have specific highways designated for golf cart use shall be 25 directed to the Traffic Engineering Office of Public Works. 26 (c) Any City highway designated for golf cart operations shall be posted with signs 27 indicating this designation. The organization, individual or entity requesting a 28 highway designation allowing golf cart operations shall reimburse the City its actual 29 cost for the installation and continued maintenance of such signs. 30 (d) The following City streets located in the specified neighborhoods are approved for 31 golf cart operation in accordance with the provisions of this Article: 32 (1) Heron Ridge Estates—Couples Court, Heron Ridge Lane, Heron Ridge Drive, 33 Lynx Drive, Lynx Court and Ryan Court. 34 (2) Chubb Lake West of Pleasure House Road—Beaufort Avenue, West Chubb 35 Lake Avenue, Chubb Lake Avenue, Lauderdale Avenue (4800-5100 Blocks), 36 Athens Boulevard, Creek Cove Court, Sunny Circle, Bradpointe Lane, 37 Leatherneck Road, Lookout Road (4800-4900 Blocks), Bradford Point, Bayview 38 Avenue, Guy Avenue, Lee Avenue (4800 Block), Zivo Court and Lake Drive 39 (4800 Block), Ocean View Avenue (5000 Block); 40 (3) Lago-Mar—Atwoodtown Road, Costa Grande Drive, Camino Real South, 41 Camino Court, Rota Circle, Santa Marta Court, Santa Clara Court, Cinta Court, 42 Granada Court, San Jose Court, San Miguel Court, Sevilla Court, Acapulco 43 Court, Casa Court, Estrella Court, Rio Grande Drive, Rio Grande Court, Pinon 44 Court, Corrente Lane, Escorial Court, La Mirage Court, Los Conaes Way, 45 Trevino Court, Rio Bravo Bend, Santiago Point, Toledo Place, Infanta Circle, 46 Costa Grande Drive, Malaga Lane, Malaga Court, Alcon Court, Soria Circle, Tres 47 Lane, Vaso Court, Toro Court, Amigo Court, Tono Court, Los Colonis Drive, Las 48 Brisas Drive, Baja Court, Sonora Court, Morado Court, La Tierra Court, La Tierra 49 Circle, Las Corrales Court, Brasileno Drive, Brasileno Court, Valiente Court, 50 Esquiana Court, Verano Court, Verano Circle, Belleza Court, Torero Court, 51 Entrada Drive, Ranchero Road, Cordova Court, San Marco Road, San Marco 52 Circle and San Marco Court; 53 (4) Ashville Park: Ashville Park Boulevard (from Lubao Lane to 1868 Ashville Park 54 Blvd), Emelita Drive, Lubao Lane, Blythe Drive, Wilshire Drive, Benecia Drive, 55 Camarillo Lane, Kittridge Drive, Aldea Circle, Keokirk Lane; 56 (5) Chesapeake Bay - East of Northampton Boulevard Blvd: Ocean View Avenue, 57 Lauderdale Avenue, Pleasure Avenue, Guam Street, Lee Avenue, Coronet 58 Avenue, Lake Drive, Fentress Avenue, Seaview Avenue, Mortons Road, and 59 Lee Court-i 60 (6) Highgate Greens: Upper Greens Place, Lower Greens Place, Sanderson Lane, 61 Toler Lane, Raeford Court, Bodnar Lane, Rhodes Court, Dehart Court, McNelly 62 Lane, Langhorne Court, and Ferguson Court. 63 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day 64 of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Yr 7. ,. ,-,. .,,,,4 Department of Public Works City Attorney's Office CA15871 R-1 July 26, 2022 gitsawassurriew rs-r.--- --- virway*w .,.. sym‘, ... • .,. 4,4,, # *, 11E •'... P . )01 04 i‘ S IIRWIM ‘; '. ' 4.* 'k*ftlie * i*/ ]ilt %St* \*Vb 4 \ 416 WO* trg VI eV ir S V 1 01101•47 4 . valiViiio q %ki All ViW 4 , vi.°• 1 i , .. ‘ - *... ' 4111R4IP --' v S‘gio. - . . A .:Iow* ',0,g‘ 10 tow, ' Ifs Sam. .„,,,,t , ej.„aii. 11 Vtliflittli., * "At * ' .. - SS $""Iltsi ii e• • • #6•• il%v0 40 • • s 000 4 : ig tr so***11 . . . , sooss I .0 Legend . . Propo one \ ,.seaR � coiic .t.faa �r F .7 Prepared by Highgate Greens w...,....,_...,__.�...._... . . IMMI �l Proposed Golf Cart Ortlinance ]-662one 0 eoos..� .... [ ..,,,--.;:v.-4,..,,, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 18-108.2 of the City Code Pertaining to the License Code for Mobile Food Vending MEETING DATE: August 9, 2022 • Background: In 2019, the City Council enacted an ordinance to provide a separate business license classification for mobile food vending. This ordinance was subsequently codified as City Code § 18-108.2. The mobile food vending classification imposes a business license tax upon food trucks at the same rate as other retail food businesses. The 2019 ordinance imposed a requirement that food trucks and the employees of food trucks obtain a criminal background check as part of the business license application process. Although the discussion prior to the vote in 2019 included considerations regarding food trucks in neighborhoods, the ordinance does not provide any substantive guidance to the Commissioner of the Revenue or the Chief of Police in evaluation of the criminal record check. ■ Considerations: The attached ordinance inserts text into City Code § 18-108.2 to provide standards for the review of criminal record checks for food truck owners and employees. The text incorporates the same process for review of criminal record checks for commercial solicitors. For commercial solicitors, the Chief of Police will deny an application if in the previous seven years from the date of application the applicant has a "criminal history of fraud, misrepresentation, or unlawful conduct" including the "conviction of a felony, a crime of moral turpitude, violent crimes against the person, or a crime involving fraudulent practices or misrepresentation." In addition to providing standards for review of the criminal records check, the incorporated provisions applicable to commercial solicitors includes an appeal of an adverse decision. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance; City Code §§ 26-33, 26-34, and 26-39 Requested by the Commissioner of Revenue 1 AN ORDINANCE TO AMEND SECTION 18-108.2 OF 2 THE CITY CODE PERTAINING TO THE LICENSE 3 CODE FOR MOBILE FOOD VENDING 4 5 Section Amended: City Code Section 18-108.2 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 18-108.2 of the City Code is hereby amended to read as follows: 11 12 Sec. 18-108.2. Mobile Food Vending. 13 14 15 (a) Vending food products at retail from a self-propelled motor vehicle or trailer 16 is recognized as a distinct activity (mobile food vending), except for a 17 vehicle operated solely for the sale of ice cream or other ice confectioneries, 18 candies or confections operated under the provisions of §13-46, et seq. or 19 for food delivery. 20 21 (b) Each mobile food vendor shall pay a license tax rate of 0.20 percent of 22 gross receipts. The business license tax set forth herein shall only be 23 applied to gross receipts in the city and business licenses shall not be 24 transferable. 25 26 (c) No license shall be issued under this section, unless that applicant for such 27 license holds a permit from the Director of Health and the Fire Department. 28 29 (d) If the person vending food products at retail from a self-propelled motor 30 vehicle or trailer has a business license for a definite place of business in 31 the City of Virginia Beach, Virginia, then all motor vehicles located at the 32 definite place of business may be included in this license tax. In the 33 absence of a definite place of business, each vehicle or trailer shall obtain 34 a business license, and that license is to be based upon the gross receipts 35 for the retail transactions of such motor vehicle or trailer. 36 37 (e) All persons obtaining a license under this category and their employees will 38 be required to obtain a criminal record check through the Chief of Police. 39 The review of such criminal record check by the Chief of Police shall be the 40 same as the process contained in City Code §§ 26-33, 26-34, and 26-39. 41 The approval or disapproval by the Chief of Police shall be transmitted to 42 the Commissioner of the Revenue. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. 1 APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: _ ,Z> Commissioner of the Revenue Police Dep rtment APPROVED AS TO LEGAL SUFFICIENCY: ir7rof : City • ( mey CA15850 R-1 July 7, 2022 2 CITY CODE Sec. 26-33. Investigation. (a) The Police Chief shall investigate the criminal record of the applicant prior to issuing any permit.The cost of such record check is set forth in section 27-3. In reviewing the record,the Police Chief shall pay specific attention to any felonies,violent crimes against the person, crimes of moral turpitude or crimes involving fraud and/or misrepresentation, such conviction being entered within seven (7)years preceding the date of application.The Police Chief shall follow section 26-34 in response to this investigation. (b) Such investigation shall take place during a reasonable period of time. If such investigation is to exceed a period of fifteen (15)days,the Police Chief shall provide the applicant with a written statement specifying the reasons for the delay in acting upon the application. (Code 1965, § 18-12;Ord. No. 1410, 10-24-83;Ord. No.3480, 12-13-16) Sec. 26-34. Denial. (a) The Police Chief shall refuse to issue a permit applied for under this division (i)to any person who has a criminal history of fraud, misrepresentation or unlawful conduct, (ii)an applicant who falsifies information on the application, (iii) an applicant who has been denied a permit under this division within the immediate past year, unless the applicant can and does show to the satisfaction of the Police Chief that the reasons for such earlier denial no longer exist; (b) Evidence of a criminal history of fraud, misrepresentation or unlawful conduct includes but is not limited to the conviction of a felony, a crime of moral turpitude,violent crimes against the person,or a crime involving fraudulent practices or misrepresentation within the seven (7)years immediately proceeding the date of the application; (c) The Police Chief's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified in writing that the application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form or personally delivered to the applicant; and (d) Any appeal of an adverse decision by the Police Chief shall follow the process stated in section 26-39. (Code 1965, § 18-13; Ord. No. 1410, 10-24-83;Ord. No. 3480, 12-13-16) Sec. 26-39. Appeal of adverse determination. (a) In the event of a denial of an application or the revocation of a permit issued under this division,the applicant/permittee is entitled to an appeal of the adverse determination; (b) The appeal of the adverse determination must be in writing and filed with the City Manager's Office within fifteen (15)days of the adverse determination; (c) In the event that the appeal is not submitted in writing and filed with the City Manager's Office within fifteen (15)days of the adverse determination,the right to an appeal is waived by the applicant;and (d) If an appeal is filed according to subsection (b),the City Manager or his authorized designee shall schedule a hearing of such appeal on a date not later than ten (10)days after the filing of the appeal; provided, however,that such hearing may, at the discretion of the City Manager or his designee, be rescheduled for good cause shown.The decision of the City Manager or his designee is final. (Ord. No. 3480, 12-13-16) Created: 2022-06-23 11:06:29 (EST] (Supp.No. 156,Update 2) Page 1 of 1 p r �Ku., N CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a Portion of 18th Street Between Pacific and Arctic Avenues MEETING DATE: August 9, 2022 • Background: Atlantic Park, Inc. and the City of Virginia Beach Development Authority (the "Applicants") have requested to close portions of 18th Street, between Pacific and Arctic Avenues, totaling 13,500 sq. ft. (the "Right of Way") adjacent to an assemblage of property owned by the City of Virginia Beach Development Authority. On August 17, 2021, by Ordinance ORD-3672C, City Council approved the Applicants' request to close the Right-of-Way, subject to the following conditions being met by August 16, 2021: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. However, no purchase price shall be charged for this street closure because the City of Virginia Beach Development Authority is an applicant seeking this street closure. 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide the properties and vacate internal lot lines to incorporate the Right-of-Way into the adjoining parcels. The resubdivision plats must be submitted and approved for recordation prior to the final street closure approval. Said plats shall include the dedication of a public drainage easement over the Right-of-Way to the City if it is determined by the Department of Public Works to be necessary, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall submit a Traffic Impact Study and Sight Distance Analysis (the "Studies") to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the street closure. Based upon the results of the Traffic Engineer's analysis of the Studies, the Applicants shall, if necessary, adjust or modify the areas proposed for closure to areas no greater than what is described herein and shown on the exhibit attached to the Ordinance, subject to the approval by the Department of Public Works. 4. The Applicants shall cause to be relocated public water and sanitary sewer infrastructure adjacent to the areas to be closed along or within 18th Street if determined by the City that the said infrastructure will be impacted by the street closure in a way that causes the location of the infrastructure, in relation to improvements proposed by the Applicants, to present an unacceptable risk to the City or the City's ability to maintain said infrastructure. 5. The Applicants, or the Applicants' successors or assigns, shall verify that no private utilities exist within the Right-of-Way. If private utilities do exist, easements satisfactory to the utility company, must be provided. 6. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the Right-of-Way, this approval shall be considered null and void. On July 21, 2022, the Applicants requested a one-year extension of time to satisfy the conditions set forth in Ordinance ORD-3672C. Staff concludes that the request for a one-year extension to satisfy the conditions is reasonable. • Recommendations: Approval • Attachments: Ordinance, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Planning Department. City Manager: 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER 3 OF CLOSING A PORTION OF 18TH STREET 4 BETWEEN PACIFIC AND ARCTIC AVENUES 5 6 WHEREAS, on August 17, 2021, City Council acted upon the application of 7 Atlantic Park, Inc. and the City of Virginia Beach Development Authority (the 8 "Applicants") for the closure of a portion of 18th Street, between Pacific and Arctic 9 Avenues, totaling 13,500 sq. ft. (the "Right of Way") adjacent to an assemblage of 10 property owned by the City of Virginia Beach Development Authority; 11 12 WHEREAS, City Council approved (by Ordinance ORD-3672C) the closure of 13 the aforesaid Right-of-Way subject to certain conditions being met on or before August 14 16, 2022; and 15 16 WHEREAS, on July 21, 2022, the Applicants requested a one-year extension of 17 time to satisfy the conditions attached to the aforesaid street closure actions. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on August 17, 2021 (ORD-3672C), upon application of Atlantic Park, Inc. and 24 the City of Virginia Beach Development Authority, is extended to August 16, 2023. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 27 day of , 20 . NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY (Adjacent GPINs: 2427-17-0516 and 2427-17-2611) APPROVED AS TO LEGAL APPROVED AS TO CONTENT: FICIEN Y: i y orne Planning D partn'ent CA15797 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d021\p045\00818934.doc R-1 July 27, 2022 rtis-77A—rme QR OR wwwww- 40°°""--*a \ —A , vixo la __--1 is w t. , _ .00 .nosiuu) f -� OR c ® R _ Street %. 2%-sis-- eriiOR to R IIIVPOR ig _ * fa'io eet ,,, kei'' QR �� 0- s �; r 0 _ OR o 0 0f)\ oRr- r - - - tree - _ �� (1 '; s 1 ai . 1019th_ Q O.R ._t, ii „ i- - -Ws 1 n ,t g4 ,,st �, ORR o R �'� -01.8 . •' ip- _,.•.0o lj- I\t.. s_-i•t- - - ' . s oR — oR \i1eet -OR r - t • O,' 4 R _ 8 O�R ' 1 Off` .trat ' gth n %itcstc;;t r• p R O;R� F. 1ii o OR i ,.. _ ,, and % * a 03- OR ', \ A OR • -1a e - IMIIIIIIIIU 1_ A4 li Vlit " V Omoott.R •as lit pi 0GRR %OR N //. Site Atlantic Park, Inc. & City of Virginia Beach w.J�J E ,� . Property Polygons Development Authority s I Zoning 18th Street between Arctic & Pacific Avenues Building — immis .� �■Feet n cninn •)nn -Ann Ann cnn gnn Disclosure Statement Pla rifling& 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 AtlanticPark,Inc. Does the applicant have a representative? Yes ❑ No • If yes,list the name of the representative. Michael A.Culpepper Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached • 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 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership Interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel or 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 ( P a g e Disclosure Statement East Planning & Community Development Known Interest b, Public Official or Em,io,ee 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? City of Virginia Beach Development Authority is owner Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-coliateralization,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. Applicant anticipates securing financing(capital provider has not been selected). 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? l Yes ❑ No • if yes,identify the company and individual providing the service. Venture Realty Group 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. 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?(F Yes ❑ No • If yes,identify the firm and individual providing the service. Cooper Carry,Hanbury,WPL,Kimley Horn 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 2 I Pal;e Disclosure Statement nning & GanmmunitY 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?IN Yes ❑ No • If yes,Identify the company and individual providing the service. W.M.Jordan 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?Li Yes ❑ No • If yes,Identify the firm and individual providing the service. WPL„Kimley Horn 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?it Yes 0 No • if yes,identify the firm and individual providing the service. Kaufman+Canoles A:.pIicant Sly nature I certify that all of the Information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Coundi,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Sire M•-• A ...I'cY#'rrc "K2) Print Name and Title Date is the applicant also the owner of the subject property? ❑ Yes 0 No • If yes,you do not need to fill out the owner disclosure statement, FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 13 No changes as of Slp�re Print Name Revised 11.09.2020 Wage Atlantic Park,Inc. Venture Realty Group Venture Realty Group 1,LLC Venture Waves,LLC Donna MacMillan-Whitaker Michael A.Culpepper John L.Gibson,III Bruce A. Berlin Elizabeth Matulenas Matthew L. Lafler Steven D.Green W.M.Jordan Company John R. Lawson H2O Investments,LLC Joe LaMontagne The Costen Companies Tim Costen Pharrell Williams Bishard Development Corp. Steven W. Bishard John K. Bishard Robert A. Deacon Disclosure Statement \113 Planning& Community Development Owner Disclosure Owner Name City of Virginia Beach Development Authority("VBDA") Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ill Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) The owner is a political subdivision of the Commonwealth of Virginia. Attached is a list of the Board of Commissioners of the VBDA • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) n/a Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 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 Wage Disclosure Statement 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 ® 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 Q 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 Q 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 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 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 Q 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. Kimley-Horn,Vanasse Hangen Brustlin,Inc.(VHB),and MBP(McDonough Bolyard Peck) Revised 11.09.2020 Wage Disclosure Statement C;ry of Varynna 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?I Yes ❑ No • If yes,identify the firm and individual providing legal the service. Singer Davis!Hunton Andrews Kurth Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Alexander W.Stiles,Senior City Attorney Print Name and Title 6/24/22 Date Revised 11.09.2020 7 ' Page CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY BOARD OF COMMISSIONERS David Bernd (Secretary) William P. Brown William Brunke (Treasurer) Nneka Chiazor W. Taylor Franklin (Assistant Secretary) Penny Morgan Lisa M. Murphy (Chair) Ronnie L. Parker Michael J. Standing Joseph E. Strange (Vice Chair) Guenter Weissenseel f2, ...,--- -,,,,, `u[ 04,,a,,,44. --,:- 4-. i, „.„,„ ...„ ..,,..„.„... CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Black Duck Inlet and a 5' public utility and drainage easement, located at the rear of the 321 Back Bay Crescent MEETING DATE: August 9, 2022 • Background: The Kelly Family Joint Declaration of Trust Dated September 18, 2019 (the "Applicant") has requested permission to remove and replace an existing 12.5' x 11.5' boatlift, four (4) 8" wood piles, 4' x 15' wood pier and a wood bulkhead within the City's property known as Black Duck Inlet (GPIN: 2433-32-2156) and a 5' public utility and drainage easement (the "Temporary Encroachments"), located at the rear of their property at 321 Back Bay Crescent (GPIN: 2433-32- 0137). • Considerations: City staff has reviewed, the Temporary Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. • Public Information: Public information will be handled through the normal Council agenda process. • Alternatives: Deny the Temporary Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Pictures, Location Map and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate Ae City Manager: , IT 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS BLACK DUCK 7 INLET AND A 5' PUBLIC AND UTILITY 8 AND DRAINAGE EASEMENT, LOCATED 9 AT THE REAR OF 321 BACK BAY 10 CRESCENT 11 12 WHEREAS, The Kelly Family Joint Declaration of Trust Dated September 18, 13 2019 (the "Kelly Trust") desires to remove and replace a 12.5' x 11.5' boatlift and four(4) 14 8" wood piles, 4' x 15' wood pier and wood bulkhead within the City's property known as 15 Black Duck Inlet(2433-32-2156)and a 5' public utility and drainage easement(collectively, 16 the "Temporary Encroachments"), located at the rear of the Kelly Trust's property at 321 17 Back Bay Crescent (GPIN: 2433-32-0137), and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon 21 the City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended,the Kelly Trust, its heirs, assigns 28 and successors in title are authorized to construct and maintain the Temporary 29 Encroachments within the City's property as shown on the map entitled: "EXHIBIT A - 30 ENCROACHMENT REQUEST FOR EXISTING BOAT LIFT, BULKHEAD, PIER&WOOD 31 PILES FOR CHARLES R. & KATHLEEN G. KELLY THE KELLY JOINT TRUST LOT 45, 32 SECTION 3, BACK BAY MEADOWS (M.B. 67 PG 45)," Scale: 1"= 50', dated July 12, 2022, 33 and prepared by Gaddy Engineering Services, LLC, a copy of which is attached hereto as 34 Exhibit A and on file in the Department of Public Works and to which reference is made for 35 a more particular description; 36 37 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 38 expressly subject to those terms, conditions and criteria contained in the agreement 39 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 40 copy of which has been presented to the Council in its agenda, and will be recorded among 41 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 i 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Kelly Trust and the City Manager or his authorized designee execute the 48 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Pup WOR , REAL ESTATE , R. A YER SENIO CITY ATTORNEY CA15595 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d014\p042\00811235.doc Prepared: 7/20/22 2 `) p,LTH i i oCS/ ...- '` 0-gy) BACK BAY CRESCENT o MICHAEL S. ADD z � ��V Q0 �50'R/GHT-OF-14 4Y) U Lic. No. �Q"(P (M.B. 67,PG. 45) 0 040754 ^ �� '<' V L=59.57' N5 '30"E 21.98' Dx,.,/Z ZOZGN-, S/ � POJ,S� R=123.63' w ONAL cs ' 5'PUBLIC UTILITY 0.1 a . ' &DRAINAGE EASEMENT ,'_f `�, ; �� • s (M B.67 PG.45) `,:,, ♦ P/N(F) 623.9nt TO P./@SAND BEND ROAD c'D a LOT-46 ''• o (/NSTR.20180702000535110) (1/Air '"/i ° 5'PUBLIC UTILITY o - -a- &DR4/NAGEEASEMENT (MS 67 PG.45) 'RD , /1 7. . ' .( O �/ O NCO /// if,' ) ° ` I.LI :; °/ cfl LOT-44 T LOT-45 b (/NSTR.20160708000581970) S '.20190920000801270) r) EX WOOD BULKHEAD(TYP.) . P/N(FJ EX.8" a'.D O x t. P/LEST :.- 4'X 15' ' PIN(S) � EX.- I WOOD PIER �' @152.29' / • 12.5' A ° \ X26.7' 5'PUBLIC UTILITY 4 4 in &DRAINAGE EASEMENT— N C° (MS 67 PG.45) '\: S59°33'30"W 171.66' REMOVE&REPLACE EXISTING BLACK DUCK/NLET BOAT LIFT&(4)8"WOOD PILES PROPERTY OF VIRG/N/A BEACH FLOOD GP/N..2433-32-2156 M. EBB 0 50 100 (MS 67, PG. 45) e APPLICANT IliMilliligill 0 O CHARLES RICHARD KELLY AND SCALE: 1"=50' KATHLEEN GAIL KELLY,TRUSTEES OF THE KELLY FAMILY JOINT DECLARATION OF TRUST DATED SEPTEMBER 18,2019,INSTR.#20190920000801270 321 BACK BAY CRESCENT VIRGINIA BEACH,VA 23456 GADDY GPIN 2433-32-0137 2OADJACENT OWNERS EXHIBIT A-ENCROACHMENT REQUEST FOR ROBERT&ANN BOHANNON EXISTING BOAT LIFT, BULKHEAD.PIER,&WOOD PILES ENGINEERING SERVICES,LLC 325 BACK BAY CRESCENT FOR CHARLES R. & KATHLEEN G. KELLY VIRGINIA BEACH.VA 23456 CONTACT: GPIN 2433-22-9101 THE KELLY JOINT TRUST MICHAEL S. GADDY, PE, LS LOT 45,SECTION 3,BACK BAY MEADOWS 757-289-5933 OPATRICK&LISA POWERS (M.B. 67 PG.45) 317 BACK BAY CRESCENT 508 N. BIRDNECK RD., SUITE D VIRGINIA BEACH,VA 23456 JULY 12,2022 GPIN:2433-32-1234 VIRGINIA BEACH, VA, 23451 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES RICHARD KELLY and KATHLEEN GAIL KELLY, TRUSTEES OF THE KELLY FAMILY JOINT DECLARATION OF TRUST DATED SEPTEMBER 18, 2019, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "45", as shown on that certain plat entitled: "SECTION 3, BACK BAY MEADOWS PROPERTY OF NORTH BAY DEVELOPMENT CORP., PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA," Scale 1"= 100', dated July 16, 1964 and prepared by W. B. Gallup Surveyor, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 321 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to remove and replace an existing 12.5' x 11.5' boatlift, four (4) 8" wood piles, 4' x 15" wood pier and buklhead collectively, the "Temporary Encroachment," in the City of Virginia Beach; and GPIN: 2433-32-2156 - CITY PROPERTY (BLACK DUCK INLET) 2433-32-0137 - 321 BACK BAY CRESCENT WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Black Duck Inlet (GPIN: 2433-32-0137), 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 EXISITING BOAT LIFT, BULKHEAD, PIER, AND WOOD PILES FOR CHARLES R. & KATHLEEN G. KELLY THE KELLY JOINT TRUST LOT 45, SECTION 3, BACK BAY MEADOWS (M.B. 67 PG 45)," Scale: 1"= 50', dated July 12, 2022, and prepared by Gaddy Engineering Services, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 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 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 compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, CHARLES R. KELLY AND KATHLEEN G. KELLY, TRUSTEES, OF THE KELLY FAMILY JOINT DECLARATION OF TRUST DATED SEPTEMBER 18, 2019, 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. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 THE KELLY FAMILY JOINT DECLARATION OF TRUST ./ rC 1‘" CBy. . (SEAL) CHARLES RICHARD KELLY, TRUSTEE By: i i` , ;-.'0 R SEAL) KAi HLEEN GAI KELLY, TR EE STATE OF CITY/COUNTY OF \j'rrir icy -)‘1y to-wit: The foregoing instrument was acknowledged before me this 2.4 day of 1 f. , 2022, by Charles Richard Kelly and Kathleen Gail Kelly, Trustees, of the KELLY FAMILY JOINT DECLARATION OF TRUST dated September 18, 2019. ,�.i£ & Cas)53-(g/E-AL) Notary Public YNN Notary Registration Number: 1G'— —12. KRISTEN �t NOTARY PUBLICCONOVER REGISTRATION#194727 COMMONWEALTH OF VIRGINIA My Commission Expires: 13112.4 MY COMMISSION EXPIRES AUGUST31,2024 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM � � ILI 4 PUBLIC WO KS — REAL ESTATE . ARMEYER NIO CITY ATTORNEY 7 / .q,' rlyi _ OrOf /,. 4. 0 w' 1. CL90°934� BACK BAY CRESCENT , f MICHAEL S. ADD 'z S � Q (50'R/GHTOF-WAY) Lic. No. P�P W.B. 67, PG. 45) 040754 -o .(e0�� N 5 '30"E 21.98' IP 07/2 502.244,, P),'ti L.59.57, �SSIONAL �G � 5GJ R-123.\' w—I . AiL ---7, _____ — 5'PUBLIC UTILITY :;1( &DRAINAGE EASEMENT ��, (M B.67 PG.45) - P/N(F) i '�� 4 ° f P/N(F) ,.623.952-TO P./.@SAND BEND ROAD O �o LOT-46 '..• o (/NSTR.20180702000535110) �O (� 5'PUBL/C UTILITY O � , &DRA/NAGEEASEMENT � � a-, O (M.B.67 PG 45) o� /( s( ' C. 6 0 1 ° w c ° • ♦ �ar, b 3 o co..•' c0 LOT-44 LOT-445 0 (/NSTR.20160708000581970) S '.20190920000801270) M EX. WOOD 4',. 1 (./) BULKHEAD(TYP) /1/ (F) EX 8" .,,op O IP/LE(T -. ----‘4,---, EX.4'X 15' PIN(S) ��_I WOOD PIER N C7°15229 / T - --. V 12.5'4 i it \ \26.7' 1 5'PUBLIC UTILITY 4 4 &DRAINAGE EASEMENT — CO (M.B.67 PG 45) l h S59°33'30"W 171.66' REMOVE&REPLACE EXISTING BLACK DUCK INLET BOAT LIFT&(4)8"WOOD PILES PROPERTY OF VIRG/N/A BEACH FLOOD GPIN:2433-32-2156 EBB (M.B. 67, PG. 45) 0 50 100 APPLICANT 0 0 CHARLES RICHARD KELLY AND SCALE: 1"=50' KATHLEEN GAIL KELLY,TRUSTEES OF THE KELLY FAMILY JOINT DECLARATION OF TRUST DATED SEPTEMBER 18,2019,INSTR.#20190920000801270 321 BACK BAY CRESCENT VIRGINIA BEACH.VA 23456 GADDY GPIN:2433-32-0137 O2 ADJACENT OWNERS EXHIBIT A-ENCROACHMENT REQUEST FOR ROBERT&ANN BOHANNON EXISTING BOAT LIFT.BULKHEAD.PIER,&WOOD PILES ENGINEERING SERVICES,LLC 325 BACK BAY CRESCENT FOR CHARLES R. & KATHLEEN G. KELLY CONTACT: VIRGINIA BEACH. 23456 GPIN:2433-22-9101 THE KELLY JOINT TRUST MICHAEL S. GADDY, PE, LS LOT 45.SECTION 3. 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' 0 ...4. . ..s.z. . , , .• , ' , el i CL ce) >, .. --. c N• O . . . - a) . a) . - 3 4 _ Disclosure Statement \/33 City of Virginia Beach 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 Charles Richard Kelly& Kathleen Gail Kelly, Trustees of The Kelly Family Joint Declaration QT' )7,k Does the applicant have a representative? • Yes ❑ No • If yes, list the name of the representative. Michael S.Gaddy from Gaddy Engineering Services, LLC-Please verify spelling* 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 Richard Kelly and Kathleen Gail Kelly,Trustees of The Kelly Family Joint Declaration of Trust Dated September 18, 2019 • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement City of Virginia 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 U 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. UL/0l,7-.4 20 L 604 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes U No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. Battagli Designs????Please verify spelling* 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes II No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement City y of t'uyintu Beach 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. Sandbridge Marine 3� yiA.� 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ No • If yes,identify the firm and individual providing the service. Gaddy Engineering Services, LLC-i i ke gAe/4 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. AC/ Applicant Signature Charles Richard Kelly&Kathleen Gail Kelly �`, �; '� ,1` �t��c � Acj att -> V J* Print Name and Title -7/2,5A 2- "J Date Is the applicant also the owner of the subject property? LJ 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 Wage immagr Disclosure Statement City of Virginia Bench`. - Planning & Community, Development --- Continue to Next Page for Owner Disclosure Revised 11.09.2020 Wage Disclosure Statement NB City of Virginia Bead, Planning & Community Development Owner Disclosure Owner Name Applicant Name Charles Richard Kelly & Kathleen Gail Kelly, Trustees of The Kelly Family Joint Declaration Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? - /Yes ❑ No • If yes, listlst the names of all officers,director ,m mbers,trustees,etc. below. (Attach a list if necessary) �/� e%j i Ct eleg e/� �ee,., U/41I( /1/4 P • 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? E Yes L7J 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 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 Disclosure Statement City of Virginia Beach Planning & Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the 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 7. 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 12 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 AM 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 Pi 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. ova i 4 ,‹ /V C v^n y 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. 77//r e (57 g //7 Revised 11.09.2020 Wage Disclosure Statement City of Virginia Beach 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 or any public body or committee in connection with this application. /1,‘' //,/1 .4-_,KciA2as2ARA, Owner Signature � /4 tPxn, 4 �� Lti s/Pt, 6/l7 /A/!?�/ O�:ro%��4�0 ON ria";---7"- Print Name and Title /21-/-Z-74 7/2 Date Revised 11.09.2020 7 I P a g e roA i s� ,t, _r! v CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Ocean Park Volunteer Fire and Rescue Unit, Inc., for the Purchase of Two New Ambulances MEETING DATE: August 9, 2022 • Background: The ten volunteer rescue squads in the City of Virginia Beach provide field equipment, emergency response apparatus, and substantial staffing to our community. The volunteer rescue squads own the 911 response ambulances in the City of Virginia Beach. They receive no direct tax funding for their operating costs, and they do not charge patients for the treatment and/or transportation rendered. The volunteer rescue squads' primary sources of revenue are the fund drive activities that they conduct themselves. Depending on the availability of funds, the City provides material support to the rescue squads. The City support includes specialized equipment, facilities to house and support response apparatus and personnel, property and liability insurance, recruitment and retention program assistance, and continuing education. The City has historically provided short term, no-interest loans to its volunteer rescue squads for the acquisition of replacement ambulances. The Ocean Park Volunteer Fire and Rescue Unit, Inc., has requested a seven-year, interest-free loan of $240,878.08 to replace two ambulances. • Considerations: This agenda request includes a letter from the Ocean Park Volunteer Fire and Rescue Unit requesting the City to provide this loan. If approved by Council, the loan amount would be $240,878.08, payable in six annual payments of $34,411.15 each and a final seventh payment of $34,411.18, with the first payment due on July 31, 2023. • Public Information: Normal Council agenda notification process. • Alternatives: The alternative to this request is for the squad to pursue a business loan from a private financial institution, which will be costlier. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Disclosure Statement; Promissory Note; Loan Agreement; Letter from Rescue Squad Recommended Action: Approval Submitting De rtment/Agency: Department of Emergency Medical Services City Manager: 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE OCEAN PARK 3 VOLUNTEER FIRE AND RESCUE UNIT FOR THE 4 PURCHASE OF TWO NEW AMBULANCES 5 6 WHEREAS, the Ocean Park Volunteer Fire and Rescue Unit, Inc., has requested 7 an interest-free loan of $240,878.08 to purchase two replacement ambulances and 8 associated equipment. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1 . That $240,878.08 is hereby appropriated from the fund balance of the 14 General Fund for an interest-free loan to the Ocean Park Volunteer Fire and 15 Rescue Unit, Inc, for the purchase of two replacement ambulances and 16 associated equipment; and 17 18 2. That this loan is to be repaid by the Ocean Park Volunteer Fire and Rescue 19 Unit, Inc., over seven (7) years, pursuant to the terms of the attached 20 agreement and promissory note. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: k.44 -,4 ' Budge d Management Services C' ey' ffice CA15872 R-1 July 20, 2022 PROMISSORY NOTE $240,878.08 Virginia Beach, Virginia August , 2022 FOR VALUE RECEIVED, Ocean Park Volunteer Fire and Rescue Unit, Inc., ("Maker") promises to pay, without offset,to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of TWO HUNDRED FORTY THOUSAND EIGHT HUNDRED AND SEVENTY EIGHT DOLLARS AND EIGHT CENTS ($240,878.08) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%)per annum. Payment on principal shall be as follows: On or before July 31, 2023 - $34,411.15 On or before July 31, 2024 - $34,411.15 On or before July 31, 2025 - $34,411.15 On or before July 31, 2026 - $34,411.15 On or before July 31, 2027 - $34,411.15 On or before July 31, 2028 - $34,411.15 On or before July 31, 2029 - $34,411.18 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Ocean Park Volunteer Fire and Rescue Unit, Inc. (SEAL) Title: Date: r `:sue DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council -!=4Ilia - members have conflicts of interest in the application you are bringing before them. . � ~� r--- - -- ------- � fir- � 5 -e 4 *. Organization name: Ocean Park Volunteer Fire & Rescue Unit Inc _ I (Ocean Park Vol. . Rescue Squad) y E :� � ,. - + Indicate if you receive any of the following services, and if so, from whom. .;YES NO SERVICE 1 `' PROVIDER (use additional sheets if needed) a X Accounting and/or preparation of White & Ambrose PC 1 tax returns �LL ' Financial Services (include bank r "-' institutions, lending institutions, Wells Fargo Bank, UBS �''' X and current mortgage holders as Financial Services F applicable) , 3 Cohen Law Group X Legal Services �; , 8y , - z a. CERTIFICATION: ` certify that all of the information contained in this Disclosure Statement Form is sFa ,;:_ complete, true, and accurate. = - F � I understand I am responsible for updating the information provided herein if it , - -': changes prior to the Council acti.�n upon this A•'lication. _ r APP S SIG TUBE ___ -max �i _ Alex Whi Vice President ________.__- FAugust 10 2022 PRINT NAME r DATE {'.;40,C.'JrvizL�[ t' LnSktiti114.r4 `7.445,4 rw-GS -xst,,0 s:Y i e-.7:'ti,.. ra ., V,,,#f,,,,,,nA,..,,a r+},,a, ,,.� •t 3.,:c, .p,,,,,A ,,,,,t `' 'KW *.-'�*?.V,'AEU... wticr, a=Ur.kT 'ef, t,a••w•ttd•a-wtAr, ,,,, i l,s..# 4'1.1,' ) Pq , Ocean Park Volunteer Fire & Rescue P.O. Box 5545 Virginia Beach, VA 23471 c (757) 464-0594 cot) ` O www.opvrs.com FIRE Chief Edward Brazzle June 7, 2022 Virginia Beach Emergency Medical Services 4160 Virginia Beach Blvd Virginia Beach,VA 23452 Dear Chief, Ocean Park Volunteer Fire and Rescue Unit INC. (OPVRS) is formally requesting a loan from the City of Virginia Beach in the amount of$240,8878.08 to complete the purchase of 2 ambulances to replace Ambulance 121 (178517) &Ambulance 122 (165590). The two ambulances that are being replaced have been placed out of service by the City Garage and are no longer running. We are currently in a position that only one out of our fleet of four ambulances are in service. We have requisitioned three new replacements to be in service this year. The funds will cover the purchase cost of both these ambulances,the replacement Ambulance for A122 (165590) is now at the City Garage completing it in-service. A121 is currently in production at the Wheeled Coach factory in Orlando, FL. The funds will be split to pay for the two units $42.242.72 for A122 and $198,635.36 for A121. OPVRS has not used any funds or grants provided by the City of Virginia Beach to fund these replacement units we are requesting a loan for. These units have and will be outfitted with existing LifePak15's, Stryker Powe Load & Cots. We anticipate the ambulances have eight useful years of service based upon our metrics of previously purchased ambulances. At this time OPVRS is current on our outstanding loan with the City of Virginia Beach. There is approximately$17,500.00 remaining balance on that loan. Our hope is that you will consider this request favorably. It would be our intention to repay the loan in full over 7 equal annual base payments of$6,034.67 for A122 and $28,376.48 for A121 plus any interest or fees the City of Virginia Beach may require. Yours in public service, Alex White Vice President Deputy Chief of Operations Ocean Park Volunteer Fire& Rescue Unit Inc. Agreement between the City of Virginia Beach and the Ocean Park Volunteer Fire and Rescue Unit, Inc. THIS AGREEMENT is made and entered into this day of , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY")and the Ocean Park Volunteer Fire and Rescue Unit, Inc., a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices and map books. C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s)according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s), 1 unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY- owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s) in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s), the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. OCEAN PARK VOLUNTEER FIRE AND CITY OF VIRGINIA BEACH RESCUE UNIT, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 f L! ;y rJI ire, o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $1,930,000 from the Virginia Tourism Corporation to the Convention and Visitors Bureau for Marketing Efforts MEETING DATE: August 9, 2022 • Background: Because of the impacts of the COVID-19 virus, the Virginia Beach tourism and hospitality industry took a significant negative economic impact hit. The Virginia Tourism Corporation (VTC) has been provided $50 million by the General Assembly to support local marketing organizations. The City has been awarded $1,930,000 from the VTC's American Rescue Plan Act Tourism Recovery Program for destination marketing. This award allocation was based on the City's contribution to the Commonwealth's 2019 tourism revenues. • Considerations: The Convention and Visitors Bureau (CVB) plans to spend the award for the following purposes: 1) Leisure Target Marketing This funding will be spent on media in new markets for a four-month timeline during the fall/winter season. These new markets include Chicago, , New York City, and Atlanta. This will assist in the recovery efforts for local business and will help generate top-of-mind awareness in markets not typically targeted by the City. 2) Meetings and Conventions Target Marketing — According to multiple media and data sources, the meetings and conventions market will be one of the last tourism business markets to recover, with an estimated return to normalcy in 4Q 2023. The CVB proposes a one-time spend and boost to this market to create awareness, lead generation and, ultimately, bookings. As with all of the City's advertising, creative awareness of Virginia Beach is the top priority. Many different tactics are deployed to reach targeted audiences. Those include native advertising, which you might find on your Facebook feed as "Sponsored" or "Recommended" posts; Connected TV, which essentially are streaming devices; Programmatic Video Advertising, 15 or 30 second video spots on mobile devices; In-Need Targeting, advertising based on search history; Search Based Display, advertising based on keyword searches specific to Virginia Beach; Paid Social Advertising, paying for advertising on social platforms; and finally Website Retargeting, a way to remind our website visitors of Virginia Beach with banner advertisements. 3) Coastal Virginia Tourism Alliance — The CVB is a founding member of the Coastal Virginia Tourism Alliance (CVTA), which has operated for the past eleven years. At the last board meeting the regional CVB directors pledged 5% ($96,500) of their individual ARPA funding allocation for a regional marketing campaign. After consultation with the Advertising Advisory Committee, Virginia Beach agreed to participate as long as other destination marketing organizations within the Coastal Virginia Tourism Alliance were willing to participate as well. A representative from the CVB Marketing Team will be active on the CVTA committee to assist with decision making. 4) Entertainment Pilot Program — In coordination with the City's entertainment contractor, IMGoing, the CVB would like to start an entertainment pilot program to enhance weekends that are programmed with an event or activities to encourage additional overnight visitation. CVB and the Resort Management Office will review the calendar of existing events and identify need periods and opportunities to upsell visitation. Total Budget Considerations: Leisure Marketing Campaign - $1,000,000 Meetings and Conventions Marketing Campaign - $500,000 Coastal Virginia Tourism Alliance - $96,500 Entertainment Pilot Program - $333,500 Total - $1,930,000 No local match is required. Funds must be spent by December 31, 2023. • Public Information: Normal Council agenda process. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $1,930,000 FROM THE VIRGINIA TOURISM 3 CORPORATION TO THE CONVENTION AND VISITORS 4 BUREAU FOR MARKETING EFFORTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $1,930,000 is hereby accepted from the Virginia Tourism Corporation and 10 appropriated, with federal revenue increased accordingly, to the FY 2022-23 Operating 11 Budget of the Convention and Visitors Bureau to fund the Leisure Marketing Campaign 12 ($1,000,000), Meetings and Convention Marketing Campaign ($500,000), the Coastal 13 Virginia Tourism Alliance Regional Marketing Campaign ($96,500), and an Entertainment 14 Pilot Program ($333,500). 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: udget and Management Services or y's Office CA15879 R-1 July 28, 2022 Iram,U-..4 f6 . tx) <v 'ems^-'� i�! EL M y::,-, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds for the Permanent Supportive Housing Program within the Department of Human Services MEETING DATE: August 9, 2022 • Background: The Department of Human Services was awarded additional funding in the amount of $221,642 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to support unmet needs in the existing Permanent Supportive Housing program. This program provides housing assistance to individuals with serious mental illness who are low-income and meet other eligibility criteria. The Department of Human Services recognizes the importance of affordable housing for this population and intends to use this one-time funding to provide additional financial support for the Department of Human Service's Permanent Supportive Housing program. • Considerations: The additional funding from DBHDS will be used for the Permanent Supportive Housing program. Specifically, the intended use of such funds is to offset rising costs related to housing as well as other program expenses. There is no local match required. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR THE PERMANENT SUPPORTIVE HOUSING 3 PROGRAM WITHIN THE DEPARTMENT OF HUMAN 4 SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $221,642 is hereby accepted from the Virginia Department of Behavioral Health 10 and Developmental Services and appropriated, with revenue from the Commonwealth 11 increased accordingly, to the Fiscal Year 2022-23 Operating Budget of the Department 12 of Human Services for the Permanent Supportive Housing program. 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: . ,, .z_ 7(,6 ..._______APPROVED AS TO LEGAL SUFFICIENCY: JA-11X dgetd Management Services —City Attorney's Office CA15875 R-1 July 27, 2022 4a, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds to Support Staff Retention for Substance Use Programs and Mental Health Programs in the Department of Human Services MEETING DATE: August 9, 2022 • Background: The Behavioral Health and Developmental Services Division of the Department of Human Services 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. There are workforce retention challenges within the behavioral health service provider community throughout Virginia. The DBHDS has stated its intent to provide local community services boards with financial support to be competitive within the healthcare workforce market. • Considerations: The DBHDS has authorized a one-time financial contribution to the Department of Human Services to support workforce retention initiatives. Specifically, DBHDS has authorized $37,500 for substance use programs and $21,250 for mental health programs. This one-time funding will be designated to increase staff retention efforts and may be used for hiring incentives, bonuses, and professional development initiatives. DBHDS requires that the funds be obligated prior to December 31, 2024. No local match is required. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO SUPPORT STAFF RETENTION FOR 3 SUBSTANCE USE PROGRAMS AND MENTAL HEALTH 4 PROGRAMS IN THE DEPARTMENT OF HUMAN 5 SERVICES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $58,750 is hereby accepted from the Virginia Department of Behavioral Health and 11 Developmental Services and appropriated, with revenue from the Commonwealth 12 increased accordingly, to the Fiscal Year 2022-23 Operating Budget of the Department 13 of Human Services, with $37,500 being designated for substance use programs and 14 $21,250 for mental health programs. 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: Bko udget d Management Services Cit oey's Office CA15876 R-1 July 27, 2022 �:„ w 7 1 s i, �.. rJf ..,.....„,,...., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $100,000 from the General Fund Reserve for Contingencies to the Department of Cultural Affairs to Support the 5/31 Memorial Design Stipends and Facilitation Services Including a Memorial Liaison to Families and Survivors MEETING DATE: August 9, 2022 • Background: On December 1, 2020, the City Council formally established the 5/31 Memorial Committee and authorized a transfer of $115,000 for the City Manager to hire a consultant to facilitate the memorial planning process. Later, the City Council appointed 12 members to the 5/31 Memorial Committee. The City has retained the consulting firm Kearns & West to serve as the family and survivor liaisons and create multiple opportunities for the families, survivors, and community to provide input in the planning of the memorial. The 5/31 Memorial Committee and Kearns and West provided an update to City Council on Tuesday, July 12, 2022. This update included: site recommendations; goals for the memorial; elements of the memorial; and design considerations. The Committee recommended the following to Council: • Transfer $20,000 for two (2) $10,000 design stipends to provide to RFQ finalists to develop a site-specific proposal/rendering, preliminary timeline, and budget of the memorial; and • Transfer $80,000 to extend Kearns & West contract to facilitate the Committee's and public's review and selection of the RFQ's finalists and the facilitation of the final design selection and to extend Kearns & West's contract to continue to engage with families and those who are affected by tragedy to gather their input on designs and keep them updated on the process If approved, the proposed timeline is as follows: • September 2022: Issue Request for Qualifications (RFQ) • October 2022: RFQ Submittal Deadline • October 2022: 5/31 Memorial Committee reviews and selects up to two finalists to submit site-specific designs and proposals • November 2022: Finalists visit sites, engage with stakeholders • Winter 2022/2023: Site-specific designs and proposals due from finalists, Committee solicits input from families, those impacted and public, and interviews finalists • Spring 2023: Committee recommends final design and budget to Council with possible funding options • Considerations: The source of this transfer is the FY 2022-23 General Fund Regular Reserve for Contingencies. If approved, the balance of the reserve will be $1,389,450. Once a design is approved, an additional appropriation may be necessary for the construction of the memorial. • Public Information: Normal Council agenda process. In addition, the 5/31 Memorial Committee briefed City Council on potential next steps on July 12, 2022. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Cultural Affairs City Manager: 1 AN ORDINANCE TO TRANSFER $100,000 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES 3 TO THE DEPARTMENT OF CULTURAL AFFAIRS TO 4 SUPPORT THE 5/31 MEMORIAL DESIGN STIPENDS 5 AND FACILITATION SERVICES INCLUDING A 6 MEMORIAL LIAISON TO FAMILIES AND SURVIVORS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $20,000 is hereby transferred from the General Fund Reserve for 12 Contingencies to the Department of Cultural Affairs for two $10,000 design 13 stipends for the 5/31 memorial. 14 15 2. $80,000 is hereby transferred from the General Fund Reserve for 16 Contingencies to the Department of Cultural Affairs to extend the contract with 17 Kearns & West for facilitation of the 5/31 memorial committee and family and 18 survivor liaison support. 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: at, udget and Management Services City Attorney's Office CA15877 R-3 August 3, 2022 K. PLANNING 1. ATLANTIC DEVELOPMENT ASSOCIATES, LLC & WPL VENTURES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots at 111 73rd Street DISTRICT 6 (Formerly District 5-Lynnhaven) (Deferred from May 17, 2022) RECOMMENDATION: APPROVAL 2. SXCW Properties II, LLC/ TRACT NO. 8, LLC for a Conditional Rezoning from AG-2 Agricultural District to Conditional B-2 Business District and a Conditional Use Permit re car wash facility at the Southwest corner of Sandbridge Road&Fisher Arch, East of 1973 Sandbridge Road DISTRICT 2 (Formerly District 7-Princess Anne) RECOMMENDATION: APPROVAL 3. HUNTER'S MILL APARTMENTS, LLC/ HUNTER'S MILL APARTMENTS, LLC & LADERBERG SQUARE,LLC for a Conditional Rezoning from A-18 Apartment District&B-2 Community Business District to Conditional A-18 Apartment District at 397 Brixton Drive,parcel West of 5444 Virginia Beach Boulevard & triangular parcel between 397 Brixton Drive & 500 Aylesbury Drive DISTRICT 4 (Formerly District 2-Kempsville) RECOMMENDATION: APPROVAL 4. KATHERINE ANN OLIVAS/ KATHERINE OLIVAS & JESSICA MCGOWAN for a Conditional Use Permit re family day-care home at 2717 Inglewood Lane DISTRICT 2 (Formerly District 1-Centerville) RECOMMENDATION: APPROVAL 5. GLORIOUS GROOMING,LLC/JODHA H. GOODMAN ESTATE for a Conditional Use Permit re home occupation at 140 South Gum Avenue DISTRICT 4 (Formerly District 5- Lynnhaven) RECOMMENDATION: APPROVAL 6. THOMAS MARK GOLDSBERRY for a Conditional Use Permit re home occupation at 1140 Treefern Place DISTRICT 5 (Formerly District 6-Beach) RECOMMENDATION: APPROVAL 7. WROBLEWSKI ART, LLC/ OCEANA PARTNERS, LLC for a Conditional Use Permit re tattoo parlor at 1329 Oceana Boulevard, Suite 110 DISTRICT 5 (Formerly District 6-Beach) RECOMMENDATION: APPROVAL 8. 365 TATTOOING, LLC/ LITTLE NECK TOWERS, LLC for a Conditional Use Permit re tattoo parlor at 3500 Virginia Beach Boulevard, Suite 610 DISTRICT 8 (Formerly District 5- Lynnhaven) RECOMMENDATION: APPROVAL 9. U.S. SURF COMPANY, INC./ SUNSATIONS REALTY, LLC for Alternative Compliance re outdoor recreation facility and recurring outdoor special events at 2017 Arctic Avenue & 317 20th Street DISTRICT 6 (Formerly District 6-Beach) RECOMMENDATION: APPROVAL i NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, August 9,2022 at 6:00 p.m.In the Council Chamber at City Hall,2nd Floor at 2401 Courthouse Drive,Building 1,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 httos://vbgov.webex.corn/vbgov!onstage/e.oho?MTID=e1104t3cd i 6f9 a ba 912 edc04 cf0 bce4O9 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on August 9,2022. The following requests are scheduled to be heard: Atlantic Development Associates, LLC&WPL Ventures, LLC(Applicants& Property Owners)Subdivision Variance (Section 4.4(b)of the Subdivision Regulations) Address: 111 73rd Street GPIN(s): 2419667586 Council District District 6 SXCW Properties II, LLC (Applicant) Tract No. 8, LLC (Property Owner) . Conditional Rezoning(AG-2 Agricultural District to Conditional B-2 Business District)Conditional Use Permit(Car Wash Facility)Address:Parcel on the southwest corner of Sandbridge Road and Fisher Arch, east of 1973 Sandbridge Road GPIN:2414312772 Council District District 2 Hunter's Mill Apartments,LLC(Applicant)Hunter's Mill Apartments,LLC& Laderberg Square, LLC (Property Owners) Conditional Rezoning (A-18 Apartment District&13-2 Community Business District to Conditional A-18 Apartment District for construction of 36 additional dwelling units at a total density of 17.82 units per acre)Addresses:397 Brixton Drive,parcel west of 5444 Virginia Beach Boulevard, &triangular parcel between 397 Brixton Drive & 500 Aylesbury Drive GPIN(s): 1467488322, 1467582138, 1467487008 Council District District 4 Katherine Ann Olivas (Applicant) Katherine Olives & Jessica McGowan (Property Owners)Conditional Use Permit(Family Day-Care Home)Address: 2717 Inglewood Lane GPIN:1474278257 Council District District 2 Glorious Grooming, LLC(Applicant) Jodha M. Goodman Estate (Property Owner)Conditional Use Permit(Home Occupation)Address:140 South Gum Avenue GPIN(s):1477832207 Council District District 4 Thomas Mark Goldsberry(Applicant&Property Owner)Conditional Use Permit (Home Occupation) Address: 1104 Treefern Place GPIN: 2416846334 Council District District 5 Wroblewski Art, LLC (Applicant) Oceana Partners, LLC (Property Owner) Conditional Use Permit (Tattoo Parlor)Address: 1329 Oceana Boulevard, Suite 110 GPIN:2415486899 Council District District 5 365 Tattooing, LLC (Applicant) Little Neck Towers, LLC (Property Owner) Conditional Use Permit (Tattoo Parlor) Address: 3500 Virginia Beach Boulevard,Suite 610 GPIN:1487740899 Council District District 8 U.S.Surf Company,Inc(Applicant)Sunsations Reality,LLC(Property Owner) Alternative Compliance (Recurring Special Events, Outdoor Recreational Facility) Addresses: 2017 Arctic Avenue, 317 20th Street GPIN(s): 2427088204,2427088131,2427087180 Council District District 6 Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500, Virginia Beach, VA 23452 or online at www.vbgov.com/pc.For information call 757-385-4621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303. If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Please check our website at www.vbgov.com/government/departments/city- clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-JULY 24,2022&JULY 31,2022-1 TIME EACH ,,--- -,: c3,_, 1 F8R(19E) _ °11 � R5R(�NE) i , -1,_R5R(NE�r\3 1 � � \u` -,T ap QQOs ° 1 74th Street . _ gtreet- noc oj 74th �, p 0 B_j___--\ Q i � � R5R(NEV ___\-----______ n\\__\ \ \ 0 0 ---0' , '\, �CD I'5R� O \ . \ IR5R(NE) n ' \\ \, \ 0 4. ________--- 13r� sire 3 , 0 u \ % ' I\______-_\--_01_'_''_\_ ,StCeet, \ , 11n ' ' r_„-' A ra- 13 _r_2_____ _\ r414(N. ) • \---- ,.....---- „ R5R(N-63 - - \--- --- r"-\\ , c\ \\ OC) \ \L -' )‘ - \ VT 'n\ ilk --e t-u--w-----i"iiir r A Site w'A� Atlantic Development Associates, LLC & WPL Ventures, LLC NV I' Property Polygons 111 73rd Street s OZoning Buildingciiimm=zi Feet 0 2550 100 150 200 250 300 [ .....,,, 4 ;y, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ATLANTIC DEVELOPMENT ASSOCIATES, LLC & WPL VENTURES, LLC [Applicants & Property Owners] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 111 73rd Street (GPIN 2419667586). COUNCIL DISTRICT 6, formerly Lynnhaven MEETING DATE: August 9, 2022 (Deferred on May 17, 2022) ■ Background: This application was deferred by City Council on May 17, 2022 in order for additional research to be conducted regarding the recurring nature of the request and for meetings to be held North End Civic League representatives. Meetings were held with representatives of the North End Civic League regarding development and the regulations within the North End Overlay District. Potential requests for changes to the development regulations were discussed with the representatives, however are not currently proposed. The two subject lots in the North End were legally created by deed in Deed Book 266, page 556 in 1949, prior to the establishment of the Subdivision Regulations. A single-family dwelling has existed across the shared property line of the two lots since 1935. The proposed lots, Lot 12A and Lot 14A, will each be 6,000 square feet in size, which will exceed the minimum lot area requirement of 5,000 square feet. However, each lot will be only 40 feet in width, 10 feet shy of the 50-foot lot width requirement. As neither lot will meet all dimensional standards required by the Zoning Ordinance for parcels in the R-5R Residential District, a variance to Section 4.4(b) of the Subdivision Regulations is required. • Considerations: In the North End Overlay District, lots that meet the minimum dimensional standards for a duplex of 10,000 square feet of lot area and 75 feet of lot width are permitted to construct two single-family dwellings on one lot. As the combination of both lots exceeds these minimums (12,000 square feet of lot area, 80 feet of lot width), both a duplex with two attached units or two single-family dwelling on one lot could easily be constructed as a matter of right. As the proposal includes two lots, each with one single-family dwelling, no increase in density is contemplated with this Subdivision Variance. As the current lots existed prior to the current R-5R zoning regulations, they have the current development potential in total of four dwelling units. A condition is recommended that limits development on each parcel to just one single-family dwelling. The density stabilization as well as the use of Atlantic Development Associates, LLC & WPL Ventures, LLC Page 2 of 3 high-quality building materials are in line with the recommendations of the Comprehensive Plan for the North End Suburban Focus Area. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There was one speaker in opposition at the Planning Commission public hearing representing the North End Civic League, who also provided a letter of opposition. The civic league supports development of the properties under the by-right options set forth in the Zoning Ordinance. On June 9, 2022, City Staff met with Council Member Branch and Billy Almond and Gerrie West from the North End Civic League to discuss zoning ordinance amendments to the R-5R zoning district. Staff provided an analysis of possible options and held a follow up meeting on July 22, 2022. The Civic League is reviewing the options and the process is ongoing. None of the proposed changes would impact this applicant's request. Staff received 10 letters of support for the proposal, many of whom are property owners along this block of 73rd Street, and there were two speakers in support at the Planning Commission public hearing. Those that spoke in support prefer development of these parcels as proposed with one single-family dwelling on each parcel, rather than the by-right option that could result in more units with a different configuration. Staff received a letter from the North End Civic League objecting to the request. The letter noted concerns related to related to increasing density, parking requirements, utility infrastructure usage, and the smaller size of the lots generally. • Recommendation: On April 13, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Preliminary Concept Resubdivision of Lot 12 & the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Subdivision Plans"). 2. The homes to be developed on this site must use attractive, high quality materials capable of withstanding severe weather events as recommended within the North End Suburban Focus Area section of the Comprehensive Plan and as shown on the exhibit entitled, "Single Family Development Exhibit for Lot 12 & the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). 3. The proposed lots 14A and 12A shall only be developed with one single-family residence on each lot. Atlantic Development Associates, LLC & WPL Ventures, LLC Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (10) Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 7(0 City Manager: Applicants & Property Owners Atlantic Development Associates,LLC & WPL Ventures, LLC Agenda Item Planning Commission Public Hearing April 13 2022 Cilyof City Council Election District District 6, formerly, Lynnhaven 1 0 Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 80t.,sweet ` Staff Recommendation Approval ' ,sa► Staff Planner ,,ths"°''_ Aubrey A.Trebilcock ,6t,,s« '1 ,5th5tree< Location 1 S— 111 73rd Street �z GPIN 1 �. 24196675860000 „5t swot� Site Size ipihSt,eet ... \12,000 square feet AICUZ bgthst' .A \ Less than65dBDNL 68ths„eet Watershed Atlantic Ocean Existing Land Use and Zoning District ki ' / ,, cr, ;,•- r ate- A' Single-family dwelling / R-5R Residential t ~ 1 tn «e ''.s T T s9 Surrounding Land Uses and Zoning Districts r y ., ; North s'r ._ ... ;• , ' ;•- Single-familydwellingR-5R Residential • �k! ' . ' - South • • • _ A 73rd Street " Single-family dwelling / R-5R Residential '-�_�; ' r �� y t 4�-. ;,.�� '� Street r,� j, Y = - -^ •East Single-family dwelling / R-5R Residential if West 3A 111k ' * Single-family dwelling / R-5R Residential ,. '`' � - ir :; F I _ } Flir t Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is proposing to resubdivide two lots, described as "Lot 12" and "the Eastern 30' of Lot 14," in order to create two lots of equal size within the R-5R Residential District. The dimensional standards for lots in this district require a minimum lot size of 5,000 square feet and a minimum lot width of 50 feet. • The subject lots were legally created by deed in Deed Book 266, page 556 in 1949, prior to the establishment of the Subdivision Regulations and both can be developed. A single-family home has existed across the shared property line of the two lots since 1935. • The proposed lots, Lot 12A and Lot 14A,would each be 6,000 square feet in size,which would exceed the minimum lot area requirement of 5,000 square feet. However,they would each be only 40 feet in width, short of the 50-foot lot width requirement. As neither lot will meet all dimensional standards required by the Zoning Ordinance for parcels in the R-5R Residential District, a variance to Section 4.4(b)of the Subdivision Regulations is required. Required Street Proposed Required Lot Proposed Lot Required Lot Proposed Lot Proposed Line Frontage in Street Line Width Width R-5R Area Area Lot Frontage (feet) (feet) (feet) (feet) (square feet) (square feet) Lot 12A 40 40 50 40* 5,000 6,000 Lot 14A 40 40 50 40* 5,000 6,000 *Variance requested 4 1c 740 street r .: 0 r --,L' G s / . • ' _Ai.Aiii-- Zoning History --}- / ` ' 2 # Request 1 NON(Expansion of Non-Conforming 2"d Dwelling Unit) 'kW t=..,-,,, ,,,,7\ _...-- Approved 02/23/2010 2 NON(Expansion of Non Conforming Single Family y s••••\ ioccj* J' ` Home)Approved 05/09/2009 • , le \ -wow , _ re...._\. \ ..... _.... ________ -,___.-.--. . 0 \ \ \.._._-_-...:-.A„---, .... A . . . , . . 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 Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 2 B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The intention of this application is to increase the size of the lot described as "the eastern 30 feet of Lot 14"to reduce its degree of nonconformity and to allow for a larger developable area more in line with the surrounding area. Both lots were legally created by deed and are therefore buildable sites.The 30-foot wide lot is currently substandard in both lot area and width, only being 4,500 square feet and 30 feet wide. In the R-5D Residential District, a minimum lot area of 5,000 square feet and a minimum lot width of 50 feet are required.The proposal would take 10 feet of lot width from the adjacent Lot 12,which is currently 50-feet wide, resulting in two, 6,000 square foot lots with 40 foot lot widths. Each lot is proposed to be developed with a single-family home. In the North End Overlay District, lots that meet the minimum dimensional standards for a duplex may be developed with two single-family homes. In the R-5R Residential District,the minimum lot size and lot width for a duplex are 10,000 square feet and 75 feet respectively. The area of the subject lots exceeds this with its total area of 12,000 square feet and lot width of 80 square feet.The proposal would therefore not increase residential density beyond what is prescribed within the Zoning Ordinance for the North End Overlay District, nor what could be developed as a matter of right. The subject property lies within the North End Suburban Focus Area as identified in the Comprehensive Plan,which lists among its goals parcel consolidation of smaller lots, density stabilization, and the reduction of impervious coverage to mitigate recurring stormwater issues. While the lots will not be consolidated under this proposal, it will result in the same number of dwellings units permitted if the lots were to be combined, as mentioned above, thereby providing density stabilization and preventing the potential development of an awkwardly shaped building due to the required eight foot setbacks on each side of the 30 foot wide lot. An additional recommendation of the Comperehensive Plan, as stated above, is mitigating the frequent stormwater issues present within the North End. It is an area that, due to its location, is vulnerable to storms and at the same time has a high level of impervious coverage which exacerbates drainage issues. The submitted plan depicts that the proposal will not exceed the 60% impervious surface coverage maximum, as limited by the Zoning Ordinance, with proposed Lot 12A at 57% and Lot 14A at 60% impervious coverage. The recommendations for the North End Suburban Focus Area also encourage that attractive, high quality materials capable of withstanding severe weather events be used in new construction.The proposed homes will have an exterior of fiber cement siding (Hardie Shake and Hardie Lap Siding)that should be both durable and appealing. While the limited space onsite for parking accomodations leaves the garages as visual focal points on the ground floor,the second floor porches help to provide a more visually attractive point of interest for the front facade of the homes. In Staff's view,the overall application does comply with the guidance of the Comprehensive Plan for the North End Suburban Focus Area. While it is unorthodox to support modification of a lot that presently conforms to the existing dimensional requirements, Lot 12, into a nonconforming lot, in this specific case it does provide for development that fits within the character of the North End. The submitted plans also meet the impervious coverage requirement to address pressing drainage concerns and reflect high quality exterior building materials. Staff is therefore in support of the the Subdivision Variance request subject to the conditions provided below. Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 3 Recommended Conditions 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Preliminary Concept Resubdivision of Lot 12&the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Subdivision Plans"). 2. The homes to be developed on this site must use attractive, high quality materials capable of withstanding severe weather events as recommended within the North End Suburban Focus Area section of the Comprehensive Plan and as shown on the exhibit entitled, "Single Family Development Exhibit for Lot 12&the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Elevations"). 3. The proposed lots 14A and 12A shall only be developed with one single-family residence on each lot. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as lying within the North End Suburban Focus Area, which extends from 42nd Street to 89th Street and located on both sides of Atlantic Avenue. The North End SFA is characterized by a compact arrangement of single-family and duplex dwelling units with much of the land zoned Residential Resort District (R-5R). Moreover,the North End area is characterized by a relatively high density of single- family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. The City seeks to implement drainage improvements in the North End area to help alleviate these situations. As noted in the Comprehensive Plan, recommendations for this area include parcel consolidation, density stabilization and the use of'Best Management Practices'for stormwater control should be part of reconstruction efforts. Improvement and reconstruction should also use porous materials for driveways, walkways and other similar surfaces, wherever feasible, to achieve a net reduction of impervious coverage. Finally, attractive and high-quality materials capable of withstanding severe weather events should be used. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean Watershed. No wetlands,floodplains subject to special restrictions,or watershed buffer areas lie within the subject site. No negative impact to any natural or cultural resources is anticipated. Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 73rd Street N/A 9,900 ADT 1(LOS 4"D") Existing Land Use 2—10 ADT Proposed Land Use 3—20 ADT Existing Land Use 2—10 ADT Atlantic Avenue 14,660 ADT1 22,800 ADT1(LOS 4"D") Proposed Land Use 3—20 ADT 1 Average Daily Trips 2 as defined by 1 single-family 3 as defined by 2 single-family 4 LOS=Level of Service residence residences Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this site is located on 73rd Street. 73rd Street is a two-lane local street with an 80-foot right-of-way width. Atlantic Avenue in the vicinity of this site is a four-lane undivided minor urban arterial with a 120-foot right-of-way width. Public Utility Impacts Water City water is available. Sewer City sanitary sewer is available. Public Outreach Information Planning Commission • Ten letters of support have been received by Staff noting their preference for single-family developments within their neighborhood. A letter of opposition has been received from the The North Virginia Beach Civic League Zoning Review Committee with concerns related to increasing density, parking requirements, utility infrastructure usage, and the smaller size of the lots generally. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 20, 2022 and March 27, 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 March 28, 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 April 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022 Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 5 • 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 August 5, 2022. Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 6 Existing Site Layout .v 1 1 1 §o '0. 03 :vrn I I uiN I ai" m z >z a. I N N v c. c. z I 0 i _ _ ,00.08 3 .,9F,l fr.SL N Y 0 T 0o O cv O O -r o� �p i, CS 0 col -0CDN '� O N N w zo_ -r 4. m a M 0 0 0 h 0 0 N -_ v CO i In in c — H W ,00'08 M „9f,l fr.S'Z S (Q8 '9d 'l e ') We ,09) (13381S HZN34373 A783tV80') 1331d1 S JCL Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 7 Proposed Subdivision Plan I s I 72106.E I \_$1 I ,-k! a 3n .E. 1. o ig o _.. .-� ! ...II ea 3,`9f,(t.S/Pio a - .ma r .op of .00 O! 1 4b CE 7y o us %7 4 C mks`` ox �adc R gr o p�pRyy c.z YQ I . . . . P,... itif I : . l--, • OM'• i * o «„ g c I li R v 1:1 , i ' B .or/9. Bli$ \ I . - Q Q • e—i to V e—i V) J L's.-,-. .-77'e O o O o J lip LO B. / I ;1 _ it �N /--. I < e9;z, :"/ \ if RI ill ,.. 1 ,,, i ..:,-, Ht. . . ..•,.. . i; . . : .000► : : :aos .xz xo. : . Ilom a,n.. 0 ' 7.70 (t33ieta keri..77; . 133H1S pEL Atlantic Development Associates, LLC& WPL Ventures, LLC Agenda Item 10 Page 8 Proposed Elevations & Rear Yard . ' . . o t t7 S , \ CC iJ ' ,' --- \ —1 . e:a Oo t. cc Q (75 CC 3.. t: ;,t, : CC Zs T �J ` # ! LL u • M c's o fir,✓, .4 , Irbil o a a. • 31 i_ �' — Q f N . / t lac, 1 c__ 0 13M, i tut 0❑ ...; ❑ Z lllll p ' IIII1 ❑ O .. I P- M TW ❑ > , •• � , Q mi. ❑ J W ir I lillE i- 65 ,,. 1__ ___ .7 _l_ 11.. 2 ,t �" 2 Y V 1 ✓ u. _ 'J an W C/7 C L.iY F Y 4 cc x m O W V. Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 9 Proposed Elevations �I,••' 1 _ _--1 n mil _ -- -I- — - u - INEI no mu ■ ■■■■ =J -- 11 -- -A -- ■■■■ ❑❑ — ■■■■ —^ 1 I — ■■■■I •■■in ...II■■ • J I� -r- - _7 1 .i. IN ii =MI -I- M- -.1 LE nn — _ _ m. --il m ■ •••• ■■■■ Him ■■•■ I■■• = ■■■■I ■■■■ ■■M■ -M IM� = ■■■■ ■■■■ _ ■■■■ ■■■■ ,. Q _ ■■■■I N 'V — MO IM T EM MM I MI ME ,_ f-1-- ,_ O ____ - ....1 .... 0 Z ZO 0 W r7' ■�i ■�i J W ■■■� • II W . W If ■■■� p f! E IS ' _1 a. o '1 �aIIIIII ❑ 0 121_ Cam, Z i�lr R ■■I IIIII ❑ F R 1_ jj — z � �. ❑ i z 0 JN 0 ❑ 0 cc W �, \\� ��IIIIE,____..., ■ � . 6,,, 0 t 1 t Atlantic Development Associates, LLC & WPL Ventures, LLC Agenda Item 10 Page 10 Site Photos tt � T` L \.. 1 s 1 - 1 `4. SF f; ,, if-, fie ';' 04a,-'I S 4, .., +- >- ,t t -. ....7- 1 ` 14-‘ ?,r. y . • / 4, 84111111kliir ..... , , ...,. '-. -- .rk..)"e-../..:art ,,- ._,..iiif. -:'':' '..itt S"4 ,... ,.. „........ A, *-A.-*••••••.--Ak ...- 411L. .11111 ,.,1 iii . .,,. , ..„ i., ,r' f_ -:-. ,;. :. --.- . ,.. .. .... , ._ 4 ....,.........,..„_ 0. .. ,, .,„...,„ l t f 5 j ; i : M- - 'SY. -.t e t • - ` \ Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 11 Disclosure Statement Disclosure Statement \13 City of Virginia Booth 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 WPL Ventures,LLC Does the applicant have a representative? n Yes ❑ No • If yes,list the name of the representative R.Edward Bourdon,Jr.,Esq. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc below. (Attach a list if necessary) Brian C.Large,Sole Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 ) Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 12 Disclosure Statement Disclosure Statement n'v.J Vwvmx,RnYA 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 b No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the financial institutions providing the service TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes 0 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 o,ovioeo in connection with the subject of the application or any business operating or to be operated on the property?0 Yes II No • If yes,identify the firm and individual providing the service. 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?W Yes ❑No • If yes,identify the firm and individual providing the service. Eric Garner.WPL 5. Is there any other pending or proposed purchaser of the subject property?❑Yes MI No • If yes,identify the purchaser and purchaser's service providers. 2 ( Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 13 Disclosure Statement r E Disclosure Statement Planning&Community - DevekT t nt 6 Does the applicant have a construction contractor in connection with the subject of the appwatron or any business opt r.,ti-e;c` • to be operated on the property'0 Yes No • it yes,identify the company and individual providing the service 7 Does the applicant have en engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • if yes,identity the firm and individual providing the service Eric Garner,WPI, 8 is the applicant recervrng legal serykes+n connection with tM subject of Mt application or ins business operating or to tic operated on the property?■Yes 0 No • If yes,identity the firm and indrvrduat providing the serwt P. Edward Bourdon,it,Esg,Sykes.Bourdon,Ahern&levy.P-C Applicant Slgnatur{ i certify that all of the information contained in this dtscsoswe Statement Form is comp':ete,true,and accurate. I u,derstand that, ipon receipt of notification that the apot cation has been scheduled for public hearing.I am responsible for updating the information provided herein two weeks prior to the meeting of Planning rontmhslon,City Council.VSDA,CBPA,Wetlands Board or any public body or committee In connection with this application. YJPL Vent,�res 8y Ap B!!tr C large.So e Mtmt:e. Print Name and rntle Date Is the applicant alto the owner of the subject property? In Yes 0 No • r1 yes,ycrJ do not reed to to 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 ® w._te+.+e+ o'et 07/26/2022 • -AC Agirj,Jlisr<!l4~4 '"1 N Aubrey Trebdcock RtrsectiI092010 3IPage Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 14 Disclosure Statement Disclosure Statement AIT3 Clt y of Vayin,Bard: Planning&Community Development Owner Disclosure Owner Name Atlantic Development Associates,LLC Applicant Name WPL Ventures,LLC and Atlantic Development Associates,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? IF Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Brian C.Large,Sole Member • If yes,list the businesses that have a parent-subsidiary or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? S"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. 5I Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 15 Disclosure Statement Disclosure Statement Planning&Community Development Owner Services Disclosure 1 Does the Owner have any existing financing(mortgage,deeds of trust,cross•coltaterafiaavon,etc)or are they considering any financing in connection with the subiect 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 Townet ani 2 Does the Owner have a real estate broker/agent/reactor for Current and anticipated future sales of the subject property, ❑Yes ■No • N yes,identify the company and►ndnnduai providing the service 3 Does the Owner have services kr accounting and/or preparation of tax returns pfov Old in connection with the subject of the application or any business operating or to be operated on the property/❑Yes II No • if yes,identify the firm and individual providing the service 4 Does the Owner have services from an architect/landscape architect/land planner provided in connection with tne subject of the application or any business operating or to be operated On the property/I Yes 0 No • If yes,identify the firm and indmd•ua'providing the service 'Eric Garner.WPL S. Is there any other pending or proposed purchaser of the subject property?❑Yes •No • if yes,identify the purchaser ano purchasers service providers 6 Does the Owner have a construction contractor in connection with the Subject of the application or any business operating or to be operated on the property/0 Yes •No • It yes,identify the company and individual providing the service 7. Does the Owner have an nginetr/surveyor/agent.n connection with the subject of the application or any business operating or to be operated on the property/■Yes 3 No • If yes,identify the firm and individual providing the service Eric Garner,WPL 61 Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 16 Disclosure Statement .\13Disclosure Statement t'.y d►S'Pra • 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. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.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 with this application. Atlantic Developm ssocia es,L BY Owner Brian C.Large,Sole Member Print Name and Title Date Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 18 Virginia Beach Planning Commission April 13, 2022, Public Meeting Agenda Item # 10 Atlantic Development Associates, LLC & WPL Ventures, LLC [Applicants & Property Owners] Subdivision Variance (section 4.4(b) of the Subdivision Regulations) Address: 111 73' Street RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Mr. Chair, is it okay to call the next item? Chairman Wall: Yes, please call the next. Madam Clerk: Our next item is agenda item number 10, Atlantic Development Associates, LLC, and WPL Ventures, LLC. An application for Subdivision Variance Section 4.4B of the Subdivision Regulations on property located at 111 73rd Street, located in District six, formerly the Lynnhaven District. Eddie Bourdon: Thank you, Ms. Sandloop. Mr. Chairman, members of the Commission, for the record, Eddie Bourdon, Virginia Beach attorney representing the applicant Mr. Brian Large, principal of the applicant with us. So I want to start out with very, very basics to try to clear up any ambiguity or confusion that may have been engendered by the briefing this morning. The subject properties, there are two legal lots that exist today. One is lot 12. It's a 50 foot by 150 foot, 7,500 square lot that was established many, many decades by plat before Princess Anne County adopted its first Subdivision Ordinance and its first Zoning Ordinance in 1952, 1953. This property is now zoned R5R and there was no such thing when this lot was created and not until the '70s was there an R5 zoning district. Eddie Burdon: And it is legally nonconforming as to the size for a duplex lot under our current zoning as is the case with 99% of the duplex development that exists at the North End of Virginia Beach. They are almost entirely on nonconforming lots because they're not 80 feet wide and they're not 10,000 square feet. Today, this lot can have built on it by right a duplex and in fact, my client has a duplex plan, it was going to be submitted. I'll get into that. Or it can be developed under the North End Overlay as two detached units on the same lot. So I'm going to repeat, it is a 1 legally nonconforming duplex lot. It has no architectural mandates or requirements, it has to meet the setbacks, got to meet the lot coverage, the impervious surface in the 35 foot height. Eddie Bourdon: If you did two detach units on the 50 foot by 150 foot lot, it would have to meet the architectural under the overlay that was adopted a number of years ago because the feeling is and it's been successful that we're better off with two small or two and a half story cottages or two-story cottages than having a big three-story bulk of a duplex. So either of those can happen on that lot. The second lot, again, legally existing build-able lot on the West side of lot 12 sharing a boundary line with lot 12 and it is 30 by 150 feet containing 4,500 square feet. Just like lot 12, it is legally nonconforming, and it can be developed as a duplex or by two detached single-family homes under the North End Overlay. Both lots can be developed with a single-family home. Eddie Bourdon: Both can be developed with a single-family home. The 30-foot lot was created in 1949 by deed legally because there was no subdivision ordinance, and that's the story. That's the only story. There was never any vacating of a property line or any of that stuff that was talked about this morning. It's meaningless talk. It doesn't have any relevance. There are many, many such legally nonconforming lots that exist throughout our city that were created because think of all the subdivision that existed before we had zoning or subdivision ordinance. Thalia, Old Beach, Lakewood off of Rosemont Road area, Chesapeake Beach are some of the areas and at the North End, there are also nonconforming lots, not quite as many, but there are those up there. Eddie Bourdon: My client owned this property for many, many years. My client entered a contract to purchase the properties from her and because he develops at the North End a lot, he said, "Let's go in and first of all, eliminate the nonconforming aspect of both of these lots by agreeing, by re- subdividing and agreeing that no duplex, because once you re-subdivide, you can't put a duplex on either one, nor can you do two separate units on either one of the two existing lots, lets re- subdivide and change the nonconforming 30 foot lot," which is nonconforming in lot size and in lot width, "to make it more conforming at 40 feet wide and lot width and totally conforming at 6,000 square feet for a single family home. And in order to do that, we are making lot 12, which is conforming for a single-family home today. Eddie Bourdon: And with this, we'll be conforming in every way to a single-family home except the lot width at 40 feet versus 50 feet." At the same time, Proffer proposed a single-family plan that meets all zoning requirements, no variances for anything. And with the exception of not being able to have a side loading garage meets the overlay architectural requirements. And that's what is before you today, and we're not in the overlay. Now, I can get into a lot of answers, some other things, but that's the basis of this. And to make it clear, I gave you all a copy of a variance application that was filed in December to build a single-family house on the 30-foot lot with a 2 decreased setback to five feet on the interior shared boundary with lot 12. Same boundary that's been there since lot 12 was created back in the early 1900s. Eddie Bourdon: And before we went to the Board of Zoning Appeals, we were approached by the residents on 73rd Street, some of whom are here today. Judge Whitlow, I think is signed up to speak and asked, "Do the single family plan. That's what we want. That's what we like and that's why we're here." That BZA variance application for the 30-foot lot, well, I've been doing this for 37 years with the hardship, the variance will be granted if we have to go that direction. That's not the direction we want to go. This is the way we think is best because we know the people on the street prefer it. Single family home. Perfect. I mean, that's what people want. They don't want to live behind somebody else's house. Some people do, but it's a more valuable and it's a better way to develop the property, consistent with the character of the street. Be happy to answer any questions and the conditions is recommended and the staff reporter acceptable to the applicant. Chairman Wall: Thank you. Are there any questions for Mr. Bourdon? George A. Alcaraz: Mr. Bourdon, the exhibit you've given us that's for single family, but by right, your client could do a duplex, right? If he wanted to fit it? Eddie Bourdon: Well, he absolutely can do a duplex on the 50-foot lot, and that's exactly what the alternative is. Two units on lot 12 and that unit on the 30-foot lot. Yes, technically you could do two units on the 30-foot lot. You'd need a greater amount of variance, and you'd have a problem with lot coverage to get four parking spaces on the property. So as a practical matter, legally, yes, practically the 30-foot lot would be one skinny, three story house. It doesn't meet the guidelines of the overlay, doesn't have to, but I'm not going to sit up here and tell you that I think anyone would develop a duplex on that lot. George A. Alcaraz: No, I just want to know the potential. Eddie Bourdon: Potentially, yes. George A. Alcaraz: Okay, that's all I need. 3 Eddie Bourdon: But undoubtedly, not even close question, you can put a duplex on lot 12, which is exactly what we were going in that direction at one point and a single family just like is in that application on the 30-foot lot. George A. Alcaraz: All right. Thank you. Chairman Wall: Anyone else? All right, thank you. Eddie Bourdon: Thank you, Mr. Wall. Chairman Wall: Madam clerk? Madam Clerk: We have three speakers, Mr. Chairman. Chris Arias followed by Morton Whitlow. Chairman Wall: Mr. Arias, you've got three minutes when the red light ... Chris Arias: Yeah. Thank you. Chairman Wall: Please state your name for the record. Chris Arias: Yes, my name is Chris Arias and I'm representing the Arias family that owns 112 on 73rd Street directly across the street from the property that's applying for the variance. And I'd like to say, we are very much in favor of the application and the proposed design for two single family homes on the lots. We don't want to see a duplex or the alternative go in, and looking at the lots and the way they're designed. One's very skinny development. 4 Chris Arias: There's one very skinny structure going in next to another one does not fit with the context of the neighborhood. Also, looking at congestion and burdens on the infrastructure for our little street and also,just trying to keep the character of the neighborhood. So, yes, I read through the staffs report and we were agreeing with that. So, yeah, we hope you guys approve it. Chairman Wall: Okay. Chris Arias: That's it. Any questions? Chairman Wall: Any questions? Chris Arias: Sorry. That's your job. Thanks. Madam Clerk: Our next speaker is Morton Whitlow followed by Gerrie West. Morton Whitlow: Good afternoon. Thank you. My name is Morton Whitlow. I live at 107 73rd Street. Before I start, I want to thank all of you for your service on the Planning Commission. It's a very, very important civic function and I appreciate your work in that regard. I'm in support of the applicant, our block simply wants two single family homes. It's a predominantly single-family block. Interestingly, over the last 25 years that I've owned my little cottage, almost everybody on the block's had a chance to tear down and start over or remodel. And one by one, two houses were torn down and single-family houses were rebuilt. Nine of us have chosen to rehab or remodel our existing old cottages. Morton Whitlow: And so, it stayed a single-family block uniquely, one by one, pretty special in the North End. So we'd like to keep it that way. I'm not aware of any opposition to this by the people on our block. think you're probably all aware of the emails that have come in from almost every property owner, all in support of these two single family homes on the 40-foot lots. So we hope you'll agree with us. The one thing I note there was a letter was sent in by a representative of the 5 North End Civic League opposing this application. And first, all of us really appreciate the work of the North End Civic League folks in protecting our community. They do a lot of great volunteer work and we appreciate their efforts. We just respectfully disagree with their position in this case. Morton Whitlow: We think it ought be decided on a case-by-case basis. I noted in a letter there's a couple of things, I guess the retired lawyer and retired judge comes out in me when I look at this. So, have to rebut a couple things that are in the opposition letter. There was some complaint that the houses would be too narrow at 24 feet in width, out of character with the neighborhood. Well, the house right next door at 109, Mr. McCardell's house, his house is exactly 24 feet wide. Same. My little cottage is the smallest house on the block at 107 it's 24 feet wide. So, 24 feet is in character, not out of character. Lastly, there was a mention that perhaps the residents of the 100 block had been misled by the developer. That is simply not accurate. I have not been misled. Thank you very much for your attention to this important issue to us and thank you for your time. If you have any questions, I'll be happy to answer them. Chairman Wall: Thank you. Are there any questions for Mr. Whitlow? Commissioner Oliver: I have one. Judge, there's a conversation about the design of the house. I'm just curious as to what your thoughts are as far as does it fit in with the street? Morton Whitlow: Well, it does. We've got, as I mentioned, two single family homes in the last decade have been torn down, single family homes, rebuilt single family homes, and both of those have front loading garages. Commissioner Oliver: Okay. Morton Whitlow: It's almost a necessity with these 50-foot lots. I mean, having something other than that is very difficult. It's possible, but difficult. Everybody would love to see a little cute cottage, but the truth is, square footage matters. And so, these houses, they'll be a lot bigger than my house, but they won't be much bigger than all the other houses on the street. And they look to be two and a half stories. I think they'll have some housing on the third level, but the way they appear to be designed, they look like two and a half story houses, which is compatible with our block, we 6 believe. But all the neighbors up and down the street as you got the emails were supportive of what's proposed. Commissioner Oliver: Great. Thank you. Morton Whitlow: All right. Thank you for your time. Chairman Wall: Anyone else? Thanks. Gerrie West: Good afternoon. I'm Gerrie West. I'm here on behalf of the North Virginia Beach Civic League. Chairman Wall: Okay. Ms. West? Gerrie West: Yes. Chairman Wall: I think you have 10 minutes, correct? Okay. Gerrie West: Oh, I probably won't need 10 minutes, but thank you. I'm here on behalf of the North End Civic League. We are in opposition, this re-subdivision because we think it sets a dangerous precedent on the North End. One of the things as an architect and a member of the Zoning Review Committee for almost 20 years now that I always ask the group at the beginning, when we're reviewing a variance request is what would the North End be like if everyone was given permission to do this? In this case, I think this is one of the more dangerous places to go. Our zoning codes clearly say that the minimum lot width needs to be 50 feet. Gerrie West: That allows for plenty of parking or better parking, I'll say. Everybody knows the North End has a parking issue. It allows for green space for storm water management, and that's the way the neighborhood has traditionally been laid out. A lot of the areas were laid out in 25-foot lots before the zoning code and people would buy 2, 3, 4 of them. So you see these 80-foot-wide 7 lots, or 100-foot-wide lots or 75-foot-wide lots because they bought the 25-foot ones. And also, some have been subdivided off into the 30-foot lot. They were always subdivided and bought for single family homes until duplexes became a thing. And then, when duplexes came in, the two cottage overlay was made an alternative to the traditional three-story duplexes on 50-foot-wide lots. Gerrie West: So I would like to respectfully disagree with Eddie, and I won't use the word legal because know that's not the right word for this, but that subdividing these lots into two 40-foot-wide lots is making them more conforming. Because we're taking one lot that is already conforming and making it into a nonconforming lot. We are improving the 30-foot-wide lot, but we are not making it conforming. So the thought of making them more conforming is like being a little bit pregnant or not, in my opinion and in the opinion of the Civic League Zoning Review Committee that I am representing today. One of the things, I met with Judge Whitlow and let him know that the applicant can build exactly the same houses that he has in his hands and under the two cottage option without subdividing the lots. Gerrie West: There isn't really any difference at all, except that the garage needs to be set back six feet from the main part of the house, the main front of the house. It doesn't have to be side loading. It just has to be six feet back from the front face of the house, so recessed a little bit, otherwise, everything is pretty the same. They would be held to the two and a half stories, but it looks like the design that they have right now is two and a half stories. I haven't looked at it for compliance with some of the more esoteric parts of the design that are in that code, but I feel confident that very nice-looking houses could be built under the two cottage code and not subdivide the lot. The reason that the lot is here to be subdivided is that the developers can make more money on two single family homes, unencumbered by a condo document. Gerrie West: If he builds the two cottages on one 80-foot-wide lot, which is what makes the most sense, if you take the 30 foot and the 50 foot and vacate the property line, then you get an 80-foot-wide lot and the two houses can be side by side rather than front and back. They do not have to be front and back. That's what the diagram and the code show, but they do not have to be front and back. They can be side by side if you have a wide enough lot, and they do if you made it an 80-foot-wide lot. So, there would be no difference in the houses if you vacate the property line, then there would if you cut it into two 40-foot-wide lots, except for there would be no condo document. And therefore, greater profits could be reaped by the builder and the applicant. Gerrie West: 8 We think it sets a really bad precedent. We have storm water issues and we have parking issues and then, we have what Judge Whitlow calls the traditional-ness of the neighborhood, the small houses and the ones that were developed as beach cottage type things. These two houses that can be built that he's shown meet all of those requirements, except that they would be condo-ed. If you thought ahead and said, "If this sets a precedent," and I believe it will, because there has already been one case of a developer taking three homes on 5 or 6 25 foot lots, I can't remember exactly what it was then and cutting them all up into 40 foot wide lots. So 5 houses now where there used to be 3. We thought that was a bad precedent setter and now we're seeing it come to fruition with this case. There really isn't any reason not to vacate the property line and make an 80 foot wide lot. Any questions? Chairman Wall: Okay. Robyn Klein: I have a question. Chairman Wall: Yep. Ms. Klein. Robyn Klein: So it sounds like, and Bobby please correct me, that they could also take the two lots that exist now and build a single family home and a duplex? Gerrie West: They could. And that's the fear of the neighbors and by all means, I agree with the neighbors. The preference of finishing off the development on their street with more single family cottage like homes is definitely preferable. But they have been told that it is possible to build a three story duplex on the 50 foot wide one and a skinny 14 foot wide, whatever, it could be a duplex, it could be two cottages like Eddie said, or it could be one single family home, but 14 foot wide without any variances. Gerrie West: I'm saying that the value in these two pieces of property is when you combine them and you can have a very nice one single family home, a larger one that's gorgeous, or you can have two smaller ones that are side by side that would also be gorgeous. I think either of those would suit the neighbors, but it is the threat of having that duplex or not the threat, but the ability to do the duplex if the applicant should so choose to do so, that has scared the neighbors into wanting to have it subdivided into two 40 foot wide lots. 9 Robyn Klein: So it's not within our power, right? To say that it has to be one lot because it's technically ... Gerrie West: No, it's not. Robyn Klein: ... two lots, right, Bobby? Okay, so is it the opinion of the Civic League that if it is technically two lots and the one lot is not an option that it be two 40 foot lots or one 50 foot lot, and one 30 foot lot? Gerrie West: The Civic League does not want to see it divided up into two 40 foot wide lots because that is substandard and it causes issues. If everybody was to do that and more and more, it would happen. If this is passed, you'll have 40 foot wide lots instead of 50 foot wide lots, thereby, creating more homes, more infrastructure needed, water, sewer, storm water management issues will get way worse. The more homes there are, you have to have two onsite parking spaces paved for every home. So you're paving more and more, less trees, less grass, storm water management problems everywhere, parking problems everywhere. So, it's the long-term precedent that we're concerned with. Robyn Klein: So if the 80 foot lot is not an option and you don't want to set the precedent of the two 40 foot lots, does that mean that your next best selection is the conforming 50 foot lot and the nonconforming 30 foot lot? Gerrie West: Well, combining it into 80, I'm sorry if I don't understand your question, but combining it into 80 would be perfectly fine. Robyn Klein: Right. Gerrie West: And having two or one homes on that. Robyn Klein: Right. But right now there's, two lots. 10 Gerrie West: Correct. Robyn Klein: Right. So by-right, the developer could have the 50-foot lot and the 30-foot lot. Gerrie West: Correct. Robyn Klein: So, if the one 80-foot lot is not an option, and it's either two 40s or a 50 and a 30, does the Civic League prefer the 50 and the 30, because at least the 50- Gerrie West: Yes. Robyn Klein: Is conforming? Gerrie West: Yes, that is correct because it wouldn't be setting a precedent for the 40-foot-wide lots. Commissioner Oliver: Okay. So Gerri, I might have missed something in all of this because I'm... irregardless of whether we've got two 40s, a 30 and a 50 or an 80, we're still putting two single-family houses on this whole piece of property. Gerrie West: Correct. Commissioner Oliver: Regardless of how it's- the pie is sliced. Gerrie West: Yes. Commissioner Oliver: 11 When you mentioned, and I'm maybe I misunderstood you as far of stormwater and infrastructure and stuff. It's still two houses. It's still the same amount of use on the same space of property. Gerrie West: Yes. Commissioner Oliver: So I'm just trying to figure out that's really not the issue, the amount of use on the piece of property- Gerrie West: Correct- Commissioner Oliver: Because two houses is two houses. Gerrie West: Yes, you're absolutely correct in that respect. It is the danger of having every lot every 80-foot- wide lot- Commissioner Oliver: Divided. Gerrie West: Divided into two 40-foot-wide lots, which would traditionally not be the case. So, if the majority of the lots started becoming that, then we would have more houses ultimately than we would if people were unable to create the substandard lots. Commissioner Oliver: Okay. Okay. It wasn't the amount of use on that- Gerrie West: Correct. Not on that specific lot, and that's why I say, we'd be happy if it became an 80-foot lot and had two houses on it. We're not against that, of course. Commissioner Oliver: It's the subdividing. 12 Gerrie West: It's the subdividing. That's the only issue is the subdividing of the property. Commissioner Oliver: Okay. Thank you. Chairman Wall: Mr. Weiner. Commissioner Weiner: Mrs. West. I got a... well, so we were out there last week and we were standing in front of it and I asked staff to go please look into how many times this has happened in the past. Well, wouldn't say that. So I've been doing this for a while, and I don't remember three houses becoming five. I don't know where that was- Gerrie West: It's between 74th and 75th street on the feeder road. Commissioner Weiner: Okay. I don't remember that, but- Commissioner Oliver: I do. Commissioner Weiner: Okay. Commissioner Weiner: So, the staff came back to us with since 1993, twice. This has only happened twice. I personally don't think this is going to set a precedent for the future. That's my opinion. Everybody has their opinion. So, I just don't see this happening as much as you think it's going to happen. Gerrie West: I would really hope that was the case. I really would, but we saw it once and now we're seeing it the second time, and what we're seeing is this cyclical pressure to have the homes torn down and rebuilt by developers, as opposed to the traditional, a person buys a lot, or a person buys a lot with this small house on it that's a tear down, or they want a bigger house than what's on the lot. So, they're developing that lot for themselves as opposed to someone coming in and saying, 13 "How can I make the most money by buying this property that's available?" That's the issue. Yeah. Chairman Wall: Anyone else? Commissioner Frankenfield: I guess I have question. Chairman Wall: Mr. Frankenfield. Commissioner Frankenfield: So, I'm just concerned about the form of the house and the relationships. So, if you condo the lot, the discussion has been you can get the same thing. What's the big deal? But the way I see it, you can't get the same thing because if you have to have the garage set back six feet, well then... and since there's no house to come out in front of the garage, that you basically have to set the entire house back six feet. Gerrie West: No. No, it's just that the portion of the house that has the garage door... let's say this is the main body of the house. Commissioner Frankenfield: Right. Gerrie West: The garage is here. Commissioner Frankenfield: Right. Gerrie West: It just has to be set back six feet from the face of that. So, the face of that one is at wherever you place it. 14 Commissioner Frankenfield: So, it could be like a tunnel going back six feet with a garage? Gerrie West: Six feet isn't that far. It's like from- Commissioner Frankenfield: Well, whatever. Okay. I just- Gerrie West: From here to here. Commissioner Frankenfield: I'm having a hard time visualizing how it would work I'm not- Gerrie West: Well, there's a lot- Commissioner Frankenfield: Trying to argue with you. I'm just- Gerrie West: Yeah, there's a lot of examples on the north end that have been built that way. So, I know it's too late to go see them now, but- Commissioner Oliver: So Gerri, while we have you up, because I know you... so you're asking to follow the guidelines for the North End Overlay for the setbacks- Gerrie West: I'm asking this commission not to approve- Commissioner Oliver: No- Gerrie West: 15 Creating substandard lots. That's what I'm asking. Commissioner Oliver: Right. No, no. Okay. You're right. All right. I'll- Gerrie West: I don't- Commissioner Oliver: No, I'll just move on. Gerrie West: I don't have any say so on- Commissioner Oliver: Right. Gerrie West: What a person decides to build. Commissioner Oliver: You're right. Gerrie West: So I don't want to presume that that's what you hear me saying. That's not what I'm saying. Commissioner Oliver: No, no. Gerrie West: Okay. Commissioner Oliver: Perfect. Thank you. Gerrie West: 16 Okay. Chairman Wall: Anybody else? No? Gerrie West: Thank you very much. Chairman Wall: Okay, Mr. Bourdon? Eddie Bourdon: First, of all, I want to thank my good friend Gerrie West for being the one speaking today, so didn't have to address some of the comments in Mr. Warren's letter, and Gerrie was very careful in the way she worded her comments because this is not a situation in any way, shape, manner or form where anybody's trying to browbeat or twist arms or anything else. In fact, Judge Whitlow called me. I didn't call him. Eddie Bourdon: The idea that this sets a dangerous precedent, a lot of the times, if you listen closely to what Gerrie said, she keeps referring to this as an 80-foot lot. It is not an 80-foot lot, and there is no... there are some 80-foot lots at the north end and an 80-foot lot in the north end would never get approved to be divided into two 40-foot lots ever. Eddie Bourdon: And I would.. as Mr. Weiner has asked staff, staff can take a look at the subdivision plats of all the blocks at the North End, and with the exception of the two or two and a half blocks that Gerrie lives on that were developed by Shore Realty, which have non-conforming lots, the rest of the North End doesn't have non-conforming lot. So, the idea that this is setting some dangerous precedent is just truly not accurate,just like it wasn't accurate to suggest that we were using a straw man or a boogeyman or whatever, trying to convince people of anything. Eddie Bourdon: It's not the city's, it never has been the city's, policy to encourage two-unit condominiums at any point in time. So, let's deal with what's true, and that is that there are two buildable lots, and this is not a subdivision. This is a re-subdivision. The 50-by-150 foot lot is a nonconforming lot. We are making it conforming as to density, and the Comp Plan talks about density. Gerrie's talking about density. That's exactly what we're doing and to... I don't want to get down the weeds, but 17 it's easier for me to do. If you tried to do the overlay side by side, and Gerrie is absolutely correct that you can do it side by side. This morning, I think it was suggested you couldn't. Eddie Bourdon: But the reality is if we did that, the house... and to meet the... you can't do a six-foot setback construction wise. It's very, very difficult for the garage to be set back. To do something under the overlay, what you would do is you'd build a shared driveway to serve both units, and you have 10-foot setbacks on the outside., and your shared driveway has got to be 18 feet wide because it's a shared driveway, and you wind up instead of having a 24-foot wide house, you wind up with a 20 or 21-foot wide house. Eddie Bourdon: So it's not exactly the same, and it can't be exactly the same. So, this notion that you're going to dictate how the property develops as a condo, as opposed to two lots, it's not the way this should be handled in any way, shape or form. If I believe for one second, or my client believes for one second, that you could take lots in the North End and just carve them up into 40-foot lots, that's not possible. It isn't possible. It may be possible, but the folks in the Shore Realty subdivision who... part of it who I'm representing all the street closures, they don't want to do that to their properties, and I don't think there are any in there that could even do that at this point. Eddie Bourdon: But this does not apply to 90... well, maybe not 90. Maybe 78, 80% of the North End. What Gerrie's saying is a bad precedent doesn't exist. This situation, if it exists anywhere else, I don't know of it, and it wouldn't be, if it did, more than one or two situations. It's not a circumstance that I think will ever be recurring. Eddie Bourdon: All we're trying to do is the best job... and it is truly more valuable for everybody concerned to do them a separate single-family homes, and it's easier for the city from a regulatory standpoint. Condos create a lot of additional issues. I'm not going to ask Miss Wilson to testify about that, but I think she'll nod her head. So why would we want to do a condo as opposed to doing two single families when we already have two lots that we can build a duplex and a single family on? I'd be happy to answer any questions. Chairman Wall: Okay. Any questions for Mr. Bourdon? Eddie Bourdon: Thank you all. 18 Chairman Wall: Okay. Thank you. Okay. All right. I close it up for comment and open it up among the Planning Commissioners. Anybody like to start? George Alcaraz: I will. Chairman Wall: Go ahead. George Alcaraz: As I stated in informal, you got a situation where you have a house with a proper line going down the middle and something that Mr. Bourdon just said that just struck me, you got the definition of a subdivision, the definition of a re-subdivision. A subdivision is dividing one lot into two or more. A re-subdivision is changing the lot line, and in this case, they're changing it to the betterment of what's there. So having said that, I'm going to support it. Chairman Wall: Okay. Anyone else? Barry? Barry? Okay. Commissioner Frankenfield: I support it also, only because I can't figure out a way it would be better to condo the lot. The product that is there with an entrance, each having their own entrance, their own separate driveway, is a better solution than a setback garage or one house behind the other. So, it seems like a better... of all the choices, it seems to me like the best solution. Chairman Wall: Okay. Thank you. Commissioner Weiner: I'll say something real quick. It's a long time we've been doing this. I've never seen this before. Don't get me wrong. The North End Civic League does a great job with the design... what they do up there, but for everybody on the street to come in in favor of this, I've never seen that before. That means something, too. I'm definitely going to support it. Chairman Wall: Okay. Thanks. Yeah, I generally. I like the way it. I like the little cottage and the green space, but barring that, I also highly respect the civic league's opinion. I think that they have very good 19 input, and their strict adherence to holding on the layouts and dimensional requirements and standards is... I think that's fantastic. However, I think there's great value in the way that it's laid out in a single-family.... the support from the neighborhood, and I think it'll provide value to the neighborhood itself. So, I'm going to support it as well. Chairman Wall: Okay. Do we have a motion? George Alcaraz: I'll make a motion. Chairman Wall: Okay. Chairman Wall: Okay. Mr. Alcaraz makes motion for approval. Do we have a second? Commissioner Frankenfield: Second. Chairman Wall: Okay, Mr. Frankenfield for the second. Are there any abstentions? Okay. Madam Clerk: Vote is open. Madam Clerk: By recorded vote of nine in favor, zero against agenda item number 10 has been recommended for approval. Eddie Bourdon: Thank you all. I hope everybody has a wonderful holiday this weekend. Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE 20 Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Preliminary Concept Resubdivision of Lot 12 &the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Subdivision Plans"). 2. The homes to be developed on this site must use attractive, high quality materials capable of withstanding severe weather events as recommended within the North End Suburban Focus Area section of the Comprehensive Plan and as shown on the exhibit entitled, "Single Family Development Exhibit for Lot 12 &the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). 3. The proposed lots 14A and 12A shall only be developed with one single-family residence on each lot. 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. 21 From: Michael Lynch To: Aubrey A.Trebilcock Cc: Lee Mccardell;Mo Whitlow;jlynch©jblmedical,com Subject: 111 73rd Street Variance Request Case No:2021-PCCC-00223 Date: Tuesday,April 5,2022 8:54:00 AM Attachments: image056482.onq image370023.png 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. Dear Mr. Tribilcock, My family and I own and live at 110 73rd Street and are in support of the application to convert 111 73rd St. into two 40ft. lots restricted to one single family house on each lot. Our block is mostly single-family homes, and we would like to keep it this way. We wish to maintain the character of our block. Let me know if there is anything more I can help with. Thank you for your time, Michael and Jessica Lynch Michael Lynch Vice President 0:804.262.0100 D: 804.515.1283 litrrklr°rtihi1r�tirnt4'rj�' M:804.641.7326 8050 Kimway Drive I Richmond.VA 23228 MOOD From: Sarah Hamlin To: Aubrey A.Trebilcock Cc: Lee Mccardell;mvwhitlow( gmail.com;F Ladd Subject: 111 73rd Variance Request Case No:2021-PCCC-00223 Date: Monday,April 4,2022 11:07:35 PM [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. Dear Aubrey, Our father, B.W. Armstrong, purchased 7300 Oceanfront Avenue in 1999, more than 23 years ago. Since his passing 11 years ago, my sister and I have proudly owned and maintained this property. All of us have loved and enjoyed the property partially as a result of the nature of the block upon which our home is situated. Our oceanfront block is predominant single-family homes with 11 of the 13 properties are single family. As such, we strongly support the application to convert 111 73rd St into two 40 ft. lots, with a restriction to for one single family house on each lot. Many of the families that own on our block have owned their homes for multiple generations just as we have. We all wish to maintain the character of our block. We are very disappointed to be out of town for the April 13th hearing at City Hall, otherwise we would both be present. Thank you for your careful consideration. Sarah Armstrong Hamlin Frances Armstrong Ladd 7300 Oceanfront Avenue 7300 Oceanfront Avenue Va. Beach,Virginia 23451 Va. Beach,Virginia 23451 (214)354-6901 (251)605-2203 shamlin217(@gmail.com francesladd9(agmail.com Stuart Taylor 116 73rd Street Virginia Beach, VA 23451 April 4, 2022 City of Virginia Beach Planning Office Reference: Case No: 2021-PCCC-00223 Dear Mr. Tribilcock, The Taylor family has owned 116 73rd Street since the mid 1950's and have cherished several generations while living in single-family homes consistent with the traditional north end living style. If one single family home cannot remain on the entire referenced property, I support the application to convert 11173rd St into two 40 ft. lots restricted to one single family house on each lot. Our oceanfront block is predominant single-family homes as 11 of the 13 properties are single family. Many of the families that own on our block have also owned their homes for multiple generations. We all wish to maintain the character of our block and respectively ask your support keeping the wishes of all the property owns and residents on the oceanside of our street. We appreciate your consideration and believe you will do what is best for our little community on this street and approve the variance application. Thank you kindly, Stuart Taylor From: ,James Carter To: Aubrey A.Trebilcock Subject: Case Number 2021-PCCC-00223, 111 73rd Street Variance Date: Monday,April 4,2022 2:00:58 PM 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. Mr. Trebilcock: My name is James Carter and I reside at 7217 Atlantic Avenue. It is my understanding that there are several variances under consideration for the subject property. When I purchased my residence in 2020, I considered the character of homes on 73rd street, since I am in such close proximity and use this street for beach access. Almost all are single family homes which had a favorable impact on my purchasing decision. Accordingly, I support the application to convert the subject property into two 40 foot lots, providing this variance restricts construction to single family residences, which I feel are more compatible with the other existing homes, and frankly, the preferred residential structure for the North End. Thanks for your consideration. James Carter April 4, 2022 757-636-2359 From: Morton Whitlow To: Aubrey A.Trebilcock Subject: 111 73rd Street.2021PCCC-00223 Date: Monday,April 4,2022 11:56:32 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. Mr Trebilcock, We own 107 73rd Street and are now full time residents. We support the application to convert 111 73rd Street into two 40 foot lots,strictly limited to one single family house on each lot. We wish to preserve the character of the block which is predominantly single family old beach houses of 2 stories in height. I think it would be best to limit the height of the new single family homes to 2 stories. Thank you for helping our neighborhood. If you wish to discuss this matter please call me at 757-477-0238. Mo and Linnea Whitlow Sent from my iPhone From: Chris Arias To: Aubrey A.Trebilcock Cc: Lee Mccardell;Plo Whitlow Subject: 111 73rd Street Variance Request Case No:2021-PCCC-00223 Date: Monday,April 4,2022 10:03:59 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. Dear Planing Commission Thank you for taking the time to review the proposed variance for 111 73rd street. Our family has had the pleasure of enjoying our home, 112 73rd street, and neighborhood for over 16 years. This house is used all year round and our front porch looks directly at the proposed property. It is of our opinion that the allocation of the 10 feet of yard width to make up two 40' wide lots and to build two single family homes is within keeping with character of the neighborhood. We hope that you agree as well and approve the variance as proposed. Warm regards Chris Arias Chris Arias chris@ariasllc.com Arias Ilc Design+Build Studio www.ariaslIc.corn 804-387-5344 Fax 1-800-214-5044 From: Sara Atherholt To: Aubrey A.Trebilcock Subject: Case No:2021-PCCC-00223D Date: Monday,April 4,2022 10:03:08 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. Dear Aubrey, The Traylor/Atherholt family has owned property on 73rd. St since 1953. At one time we owned 117, 115 and 111. I still own 115. 115 and 117 were built in the early 70s when duplexes were of normal size. We felt at the time that the buildings would fit in with the charter of the street. Now with so much building at the North End, 2 single family houses facing 73rd. Street seems to be the ideal way to preserve the character of the street. I fully support the application to convert 111 73rd. into two 40 foot lots. I will not be in Virginia Beach on the 13th. so I am unable to attend the meeting. Please approve the variance request as all of my neighbors are in favor of this proposal. Thank you. Sara Traylor Atherholt From: James Law, 11 To: Aubrey'A Trebilcoci, Cc: Le€ Mccc r aeii Subject: 111 73rd St Zoning Date: Monday,April 4,2022 8:29:02 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. Dear Aubrey, Case No: 2021-PCCC-00223 The Izard family has owned 108 73rd Street since 2015. We purchased on 73rd Street specifically for its single family home character. I support the application to convert 111 73rd St into two 40 ft. lots restricted to one single family house on each lot. As 11 of the 13 properties remain single family, the street shares a unique character that should be the norm, rather than the exception, on the north-end of the beach. Many of the families that own on our block have owned their homes for multiple generations. We all wish to maintain the character of our block. I have a business engagement and will be unable to attend the April 13th hearing at City Hall, otherwise I would be present. Please accept this email in my staunch support of the two lot single family option. Thank you for your consideration. Jim & Tricia Izard 108 73rd Street Virginia Beach, VA 23451 Cell 757-377-0103 James J.Izard,II Palladium Registered Investment Advisors,LLC 999 Waterside Drive,Suite 1000 Norfolk,VA 23510 Office:(757)305-1500 Direct:(757)305-1508 Email:jiizardPoalladiumllc.com This message, including any attachments, is confidential and may be privileged. if you have received it by mistake please notify Palladium and kindly destroy/delete this message.Any unauthorized use or dissemination of this message in whole or in part is strictly prohibited. Palladium is a Registered Investment Advisor with the United States Securities and Exchange Commission and shall not be liable for the improper or incomplete transmission of the information contained in this communication. Third Party Research Disclaimer Third party research is provided for information purposes only and has not been prepared by Palladium Registered Investment Advisors. The information contained therein is based upon sources which we believe to be reliable, but no representation, express or implied, is made with respect to the accuracy, completeness or reliability of the information or opinions in the reports. Nothing therein shall be construed as an offer or a solicitation of an offer to buy, sell or otherwise engage in a transaction in the securities or strategy described in the report. The report is not intended to provide personal investment advice and it does not take into account the specific investment objectives, financial situation and particular needs of any specific person. Past performance is not a guarantee of future results. From: May Lynn Mansbach To: Aubrey A.Trebilcock Cc: mvwhitloweamail.com;Lee Mccardell Subject: 111 73rd St.variance request Date: Sunday,April 3,2022 4:46:42 PM 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. Dear Aubrey, Case No:2021-PCCC-00223 The Mansbach family has owned 106 73rd St.since 1997. We support the application to convert 111 73rd St.into two 40-ft lots restricted to one single family house on each lot. Our oceanfront block is predominantly single-family homes as 11 of the 13 properties are single family. Many of the families that own on the street have owned their homes for multiple generations. We all wish to maintain the character of our block. I would attend the April 13th hearing at City Hall but will be traveling on that date.Thank you for your consideration. May Lynn Mansbach 106 73rd St. Virginia Beach,VA 23451 From: Lee Mccardell To: Aubrey A.Trebilcock Cc: leemccardell3C&gmail.com;Mo Whitlow Subject: FW: 111 73rd Street Variance Case No: 2021-PCCC-00223 Date: Sunday,April 3,2022 10:29:12 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. Dear Aubrey, Case No: 2021-PCCC-00223 I live directly next door to 111 73rd Street and the McCardell family has owned 109 73rd Street since 1987. This is my primary residency. I support the application to convert 111 73rd St into two 40 ft. lots restricted to one single family house on each lot. Our oceanfront block is predominant single-family homes as 11 of the 13 properties are single family. Many of the families that own on our block have owned their homes for multiple generations. We all wish to maintain the character of our block . I will be out of town for the April 13th hearing at City Hall, otherwise I would be present. Thank you for your consideration. Lee McCardell 109 73rd Street Virginia Beach, VA 23451 Cell 757-848-6212 NORTH VIRGINIA BEACH CIVIC LEAGUE ZONING REVIEW COMMITTEE April 4, 2022 MEMO Members of Planning Commission City of Virginia Beach Dear Commissioners Re: Subdivision Variance Application of Atlantic Development Associates,LLC; Case No.: 2021-PCCC-00223 113-73rd Street, Lynnhaven District. The North Virginia Beach Civic League(NVBCL) met with the developer's land use attorney, affected residents of 73rd street, and fully understand this request. An existing single-family home currently straddles the existing lots which is the historic development pattern of our North End neighborhood. The developer intends to demolish the existing house to accomplish this subdivision which doubles the density,parking requirements, and utility infrastructure usage of what is currently in place. The NVBCL fully reviewed all proposed developer options for the building design and site design for the properties as they exist today. A left over small 30ft wide parcel is a part of a larger standard 50' wide single-family parcel which combined results in an 80ft x 150ft, 12,000 sf lot. The resulting combined lot has an 80ft wide frontage. The developer is proposing to subdivide the larger lot option into two(2) substandard frontages at 40ft x 150ft/6,000 sf lots and construct two single family homes no more than 24ft wide which is a full l Oft narrower than the typical 50ft wide lot would yield. The resulting houses are much narrower than those normally found at the North End on the oceanside and is out of character in our neighborhood. The NVBCL has asked the developer to consider using the full 80ft x 150ft lot to develop a by- right duplex which requires a 10,000-sf lot, or the two detached cottage development option, or an appropriately sized single-family home with associated outdoor amenities. The developer has refused to consider these options even though there a multiple 80ft wide single-family homes at the North End with this same lot condition. Additionally, using the North End's Two-Cottage Overlay development pattern, the developer BY RIGHT can accomplish the same objective by vacating the interior lot line and creating a condominium of two unattached single-family homes on the 80ft wide lot. Allowing this subdivision into 40' wide lots creates a dangerous precedent, in that ALL developers may then claim the right to do the same, thus doubling the number of homes that can be built, along with the attendant parking problems, stormwater management, and city infrastructure requirements. 1 The developer has led the 73rd street neighbors to believe that if denied they would build a duplex on the substandard 50ft x 150ft/7500 sf. lot and a 14ft wide single-family on the substandard 30ft x 150ft/4500 sf lot. This has made the 73rd Street residents wary of opposing the developer's application. We are disappointed in this approach as the majority of the 73rd Street residents are not familiar with the underlying development standards and feel they have no other option than to support the developer's request to avoid a 14' wide house. As a Civic League we remained concerned with the persuasion strategies employed by developers towards the residents of the North End, as this has happened many times. We as representatives of the North Virginia Beach Civic League Zoning Review Committee have reviewed hundreds of zoning cases since 1998. We have witnessed the systematic degradation of our neighborhood by developers who do not live at the North End, seek to redevelop it, and at the same time destroy the essence of this historic Virginia Beach community. The consistent street by street destruction of older North End homes unfortunately replaced by mundane prototypical duplexes and average prototypical single-family houses is truly disheartening. The NVBCL wishes at some point that the City of Virginia Beach Department of Planning and Community Development, Economic Development, Strategic Growth Area Office, Planning Commission, and City Council steps up to guide proper and appropriate redevelopment in these older Virginia Beach neighborhoods. The NVBCL strongly opposes this subdivision request Exam I le: Single famil home on an 80ft wide lot at the North End - - � r co S� 2 - \`-:,.. 5- rMh 1-� � \ S} 1f :l''- r* �t d 1 ' - '-'''‘‘.;-.2.— i ' e ‘ ‘' ' n . , � 1 . . , 49. ‘,. :1Fr- .,, „,- ,,,_ 4,1, .._, 1\ > s1 -'m. • ''. '..'('N t k ,4,1141R. -... ..s.- _ '''' ' V\ may'�i t ' iti ' 1: ' it „ : V, - - p ki-,: - lit ' ‘. ', --el t t iY "�y,mac. 43 5 'fir , • • _4 2 ,• ti• , �. �'4 .�C' + orit •,ice - row:• Iri P, • (1111 Members of the NVBCL Zoning Review Committee: Billy Almond 209 - 70th Street(Abstaining) John David 410 48th Street Willy Fluharty 303 -49th Street Mary Lee Harris 216 - 55th Street Dave Jester 200 - 63rd Street Jo Anne Moore 300- 55th Street Bernice Pope 214 -44th Street Molly Oberst 106 A-65th Street Martin Waranch 111 - 66th Street Gerrie West 217 - 75th Street Hobie Whitmore 311-48th Street Jay Woodard 113 - 85th Street (Abstaining) 3 % o \/\BV 2R�7:5 .4ie '13 27 '-u/N -J > R7.5 R�7�.5) _� 'Or.,' FQ �B0 a B2 ,! / ge Q hi/�� R7.�5 AG2 \i 'k - —/ 1 0 00 \ c/[�\CCU t7!\ I I'� B2 1 , v , O S J/ --e,- r --41? / AG2 Nt#,NN 0 / oAG2 eikc'� 'vS02 , � �'� B2 ' Qb�. 0-2 .� �,. 02 ��`?" 4�, o ,), , T4: Ai G2 0q, R15 o � \ 02 • B2 \ // / ``--. P"1 AG1 O B2 r------ --'3\,0 ii;1-116 .., AG2 R15 N �� Site w (4& ►: SXCW Properties II, LLC NO Property Polygons Parcel on the southwest corner of Sandbridge Road & s Zoning Fisher Arch, east of 1973 Building — l Feet 0 60120 240 360 480 600 720 Kay: iV. v'� CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: SXCW PROPERTIES II, LLC [Applicant] TRACT NO. 8, LLC [Property Owner] Conditional Change of Zoning (AG-2 Agricultural District to Conditional B-2 Community Business District) & Conditional Use Permit (Car Wash Facility) for the property located at the southwest corner of Sandbridge Road & Fisher Arch, east of 1973 Sandbridge Road (GPIN 2414312772 ). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: August 9, 2022 • Background: The applicant is requesting to rezone a 2.60-acre site along Sandbridge Road from AG-2 Agricultural District to Conditional B-2 Community Business District as well as a Conditional Use Permit to construct and operate a Car Wash Facility. The property is at the corner of Sandbridge Road and Fisher Arch, within the 65 — 70 dB DNL noise zone, and per the Comprehensive Plan within the Transition Area. The proffered plan depicts a 4,115 square foot single-bay car wash building with four parking spaces designated for employees and 20 spaces designated with vacuum stations. A single vehicular ingress/egress point is proposed along Fisher Arch. No direct access along Sandbridge Road is planned. • Considerations: The Transition Area Design Guidelines recommend that non-residential development be high quality and limited to low-impact and low-intensity uses that are scaled to support the needs of nearby residential neighborhoods. Both Staff and the Planning Commission concluded that this proposal meets the Guidelines. Also, in compliance with the Design Guidelines, the proposed building is depicted on the proffered elevations as "rural transitional" vernacular with architectural elements that include the use of a pitched roof, standing seam metal roofing, decorative gable brackets, and vertical batten siding typical of rural buildings. Other Guidelines that appear to be met include the percentage of open space, a robust landscape buffer, and stormwater management. As recommended by the Comprehensive Plan, the applicant submitted a preliminary drainage study to the Development Services Center (DSC) outlining their proposed stormwater strategy for the subject site. As a result of the review, the DSC Staff finds that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. However, a formal review will take place during the site plan review process. SXCW Properties II, LLC Page 2 of 3 The applicant presented the proposal to the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee. The Committee was generally supportive of the original concept that included the addition of fuel pumps; however, that use has been removed from the proposal. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Staff received one letter of opposition to this request. The opposition noted concerns related to the increase in traffic volume and potential vehicular accidents at the Fisher Arch and Sandbridge Road intersection. • Recommendation: On July 13, 2022, the Planning Commission passed a motion to recommend this item for approval on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. At the time of site plan review, a Landscape Plan that reflects the plant material depicted on the exhibit entitled, "REZONING AND CONDITIONAL USE PLAN", dated 12/03/2021, prepared by Gaddy Engineering Services, LLC,which has been submitted and is on file with the Virginia Beach Department of Planning, shall be submitted for review to the Development Services Center and shall obtain approval prior to the issuance of a building permit. Landscape material shall be installed on site in compliance with the requirements of the Virginia Beach Landscape Guide. Landscaping required, depicted on the Landscape Plan, and to be installed includes, but is not limited to, the following: a. Foundation landscaping along the Fisher Arch façade of the car wash building. b. Street frontage landscaping, a minimum ten (10) feet in width, shall be installed along Sandbridge Road and Fisher Arch. c. A variable width landscape buffer to include a variety of trees and shrubs from the list of Category III plantings shall be installed along the multi-use trail along Sandbridge Road or as determined by the Director of Planning. 2. All vacuum stations shall be screened from the rights-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 3. All exterior lighting shall be low intensity and residential in character. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the car wash premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. Outdoor lighting fixtures shall not be erected any higher than 14 feet. A Photometric Plan shall be submitted during the site plan review process to SXCW Properties II, LLC Page 3 of 3 ensure that all lighting on the site will be shielded and directed downward to limit the potential for overspill beyond the property's boundary. 4. Signage for the site shall be limited to the following: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set in a brick base and shall be constructed using materials and color scheme to match the building. c. No striping shall be permitted on the vacuum station canopies. d. All signage shall be externally lit. There shall be no neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Department of Planning for review and approval. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager: Pi9 Applicant SXCW Properties II, LLC Agenda Property Owner Tract No. 8, LLC Items Planning Commission Public Hearing July 13, 2022 4 & 5 t'itu,,( City Council District District 2,formerly Princess Anne Virginia Beach Requests #4 -Conditional Rezoning (AG-2 Agricultural District to Conditional B-2 Community Business District) i °N. : ` #5 ; nditiO Use Permit (Car Wash lity) 0 JI`-. vie Staff Recommendation Approval ,'" R„�P C 'NaTo R , �_,Staff Planner fr + f r tip,,0 4rch b� �Oed Hoa N. Dao 'P Location Parcel on the southwest corner of Sandbridge 1.2- Road & Fisher Arch, east of 1973 Sandbridge �`Fc `hd..,A,onc Road rcf, GPIN N ' ,i. 2414312772 Site Size 2.60 acres AICUZ 65-70 dB DNL - a. Watershed ,� ,' ' 'Y Southern Rivers Existing Land Use and Zoning District 7 Undeveloped lot/AG-2 Agricultural 14 ,., R ?l ,,. - v` Surrounding Land Uses and Zoning j, ,:_" ,- - : Districts ) _ � '• North :}„ tt - . Sandbridge Road Religious Use/ R-20 Residential -- -- Southsk �� Undeveloped lot/ B-2 Community Business ''' ' •9. East �� 7:. Fisher Arch F., _� .: ...ttit Retail/ B-2 Community Business West Daycare/AG-2 Agricultural SXCW Properties II, LLC Agenda Items 4 & 5 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone a 2.60-acre site along Sandbridge Road from AG-2 Agricultural District to Conditional B-2 Community Business District as well as a Conditional Use Permit to construct and operate a Car Wash Facility. • The property is at the corner of Sandbridge Road and Fisher Arch, within the 65—70 dB DNL noise zone, and per the Comprehensive Plan is within the Transition Area. • The proffered plan depicts a 4,115 square foot single-bay car wash building with four parking spaces designated for employees and 20 spaces designated with vacuum stations. The proposal meets the parking requirements set forth in the Zoning Ordinance. • A single vehicular ingress/egress point is proposed along Fisher Arch. No direct access along Sandbridge Road is planned. Dual queuing lanes for the car wash appears to accommodate up to 20 vehicles. • The proposed building is depicted on the proffered elevations as "rural transitional" vernacular with architectural elements that include the use of a pitched roof, standing seam metal roofing, decorative gable brackets, and vertical batten siding typical of rural buildings. The building will be setback 35 feet from Fishers Arch and approximately 90 feet from Sandbridge Road. • As required,the proposed landscape plan reflects streetscape and foundation plantings. A more detailed review of the planting requirements will be done during final site plan review. • The hours of operation for the car wash are proposed as 7:30 a.m. to 9:00 p.m. 12!5 B2 ; NNN S.. R?( • '... ik):**2-� dsipR Zoning History �� 4 # Request / 1 CRZ(AG 1&Conditional 0-2 to Conditional B 2) d2 Approved 02/24/2009 es 2 CUP(Mini-Warehouse)Approved 12/03/2019 2 3 CUP(Outdoor Recreation)Approved 11/20/2018 CRZ(AG-2 to Conditional B-2)Approved 09/16/2014 3 4 CUP(Childcare Education Center)Approved 06/14/2005 1 O? AG1 . AG� 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 SXCW Properties II, LLC Agenda Items 4 & 5 Page 2 Evaluation & Recommendation In 2009, 23 acres of a larger farm adjacent and south of this property was successfully rezoned from AG-1 & 2 Agricultural Districts to Conditional B-2 Community Business and 0-2 Office Districts for a mix of office and retail uses. Portions of the site are developed with uses such as a retail catering to the farming community, bank, and medical offices. Recently, the site adjacent to this application received approval for a self-storage facility. A commercial daycare center is adjacent to the west and the Anderson's Garden Center is to the east. The Transition Area Design Guidelines recommend that non-residential development be high quality and limited to low-impact and low-intensity uses that are scaled to support the needs of nearby residential neighborhoods and are located at roadway intersections. As recommended in the Comprehensive Plan,these existing businesses as well as this application offer services expected near residential communities. In addition,this proposal is located at the intersection of Fisher Arch and Sandbridge Road,which is near the busy intersection of Princess Anne Road and Sandbridge Road. As the site is located within the Transition Area, below is a summation of Staff's review for conformance with the Comprehensive Plan's Transition Area Design Guidelines. o Non-residential developments are required to provide a 50-foot buffer with robust landscaping along selected roadways. There is an existing asphalt multi-use trail along this portion of Sandbridge Road. A condition is recommended for additional plantings to be installed along the trail on Sandbridge Road.This review will occur during site plan submittal. o Thirty percent open space is required. The proposed development consists of 1.01 acres of impervious area, or 61 percent of open space that includes the above-ground stormwater management pond. o The Design Guidelines suggest that parking lots should not dominate the streetscape and that plantings be strategically located so as to provide visual relief, shading, green space, and screening while ensuring sight lines are maintained. The proffered layout is reflective of this standard as parking and vacuum spaces are positioned behind and beside the building with plantings to screen the area from rights-of-way. o The Design Guidelines also recommend that development of non-residential sites and buildings should employ low-impact development techniques and creative design for stormwater management facilities and design open space areas as amenities. Building design should be kept low in scale with a maximum of two stories and should have a footprint of no more than 10,000 square feet. Materials, site design and landscaping forms should be reflective of the existing traditional rural character.The proposal addresses these recommendations as the proposed building is low in scale and well below the 10,000 square foot threshold. Meaningful open space and buffers are provided along the property frontage in conformance with the Zoning Ordinance. The architectural style of the building is consistent with a "rural transitional"vernacular with architectural elements that include the use of a pitched roof, standing seam metal roofing, decorative gable brackets, and vertical batten siding typical of rural buildings. Given the nature of the proposed development,the architecture is unique and while less conventional than a typical car wash and automobile-related facilities, will result in an attractive operation reflective of the traditional and rural architectural elements found throughout the Transition Area. This portion of Sandbridge Road is currently under construction to be widened to a four-lane roadway with a bike path. The construction is slated to be completed this summer. The building will maintain a substantial setback from Sandbridge Road and proposed landscape screening, buffering, and streetscape plantings will help to ensure conformance with the intent of the Design Guidelines. As recommended by the Comprehensive Plan,the applicant submitted a preliminary drainage study to the Development Services Center(DSC) outlining their proposed stormwater strategy for the subject site. As a result of the review,the DSC Staff finds that the proposed conceptual stormwater strategy has the potential to successfully comply with the SXCW Properties II, LLC Agenda Items 4& 5 Page 3 stormwater requirements of this site. However,this review is not a formal approval of the submitted stormwater plan. More details will be required, and a formal review will take place during the site plan review process. A freestanding monument-style sign is proposed along Fisher Arch. An exhibit for the sign was not submitted for review. The proposed directional signs, shown on page 13 of this report, appear to exceed the dimensional standards allowed. A condition is recommended to ensure all proposed signage meets the Zoning Ordinance regulations. The applicant presented the proposal to the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee. The Committee was generally supportive of the original concept that included the addition of fuel pumps; however,that use has been removed from the proposal. Given Staff's opinion that the project will be in conformance with a majority of the Design Guidelines and that the use will serve the surrounding community,the proposal is deemed to be compatible with the land use policies for the Transition Area. Based on the evaluation above,Staff recommends approval of these requests,subject to the conditions and proffers listed below. Recommended Conditions 1. At the time of site plan review, a Landscape Plan that reflects the plant material depicted on the exhibit entitled, "REZONING AND CONDITIONAL USE PLAN", dated 12/03/2021, prepared by Gaddy Engineering Services, LLC,which has been submitted and is on file with the Virginia Beach Department of Planning, shall be submitted for review to the Development Services Center and shall obtain approval prior to the issuance of a building permit. Landscape material shall be installed on site in compliance with the requirements of the Virginia Beach Landscape Guide. Landscaping required, depicted on the Landscape Plan, and to be installed includes, but is not limited to,the following: a. Foundation landscaping along the Fisher Arch façade of the car wash building. b. Street frontage landscaping, a minimum ten (10)feet in width, shall be installed along Sandbridge Road and Fisher Arch. c. A variable width landscape buffer to include a variety of trees and shrubs from the list of Category III plantings shall be installed along the multi-use trail along Sandbridge Road or as determined by the Director of Planning. 2. All vacuum stations shall be screened from the rights-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 3. All exterior lighting shall be low intensity and residential in character. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the car wash premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. Outdoor lighting fixtures shall not be erected any higher than 14 feet. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site will be shielded and directed downward to limit the potential for overspill beyond the property's boundary. 4. Signage for the site shall be limited to the following: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8)feet in height, set in a brick base and shall be constructed using materials and color scheme to match the building. c. No striping shall be permitted on the vacuum station canopies. d. All signage shall be externally lit. There shall be no neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. SXCW Properties II, LLC Agenda Items 4& 5 Page 4 5. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Department of Planning for review and approval. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, the entrance, streets, internal layout, landscaping and fencing shall be substantially in accordance with the "REZONING AND CONDITIONAL USE PLAN", dated 12/03/2021, prepared by Gaddy Engineering Services, LLC,which has been submitted and is on file with the Virginia Beach Department of Planning ("Conceptual Plan"). Proffer 2: When the Property is developed, the project shall have the architectural design substantially as depicted on the rendering entitled "SAM'S XPRESS CAR WASH COLOR ELEVATIONS CORNER OF FISHER ARCH AND SANDBRIDGE ROAD VIRGINIA BEACH,VA," dated 04/27/2022, prepared by Oak Line, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning("Review Set"). Proffer 3: The final stormwater management plan submitted to the Development Services Center(DSC)shall be in substantial conformance with the preliminary stormwater analysis. Proffer 4: Further conditions may be required by the Grantee during the detailed review of the Conceptual Plan and Review Set and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments:The proffers provide a high level of predictability in terms of references to architectural style and elements,site layout and vehicular access, plantings, stormwater, and signage. Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan designates this property as within the Transition Area that serves as a unique land use buffer for the low density Rural Area from the more densely developed Suburban Area by promoting open space and low- density development. Proposed development within the Transition Area should continue the tradition of high quality development by adhering to the planning and design principles cited in the Transition Area Design Guidelines. Non- residential uses in this area should be limited to low-impact and low-intensity with open space and be "neighborhood- serving".They should be located at major roadway intersections or part of a mixed-use plan of development located at SXCW Properties II, LLC Agenda Items 4& 5 Page 5 the entrance or the interior of the neighborhood around a central green or open space. Focus should be placed on an attractive streetscape view into the site from the roadway. Parking areas should be situated behind or on the side of buildings and should incorporate landscaping throughout the parking areas. Open space should comprise a minimum of 30 percent for non-residential development and provide a balance of both "active" and "passive" open space areas.The preferred architectural design is a "Rural Transitional"theme. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Sandbridge Road 13,500 ADT1 15,400 ADT 1(LOS 4"D") Existing Land Use 2a—0 ADT • Existing Zoning 2b—17430 ADT Fisher Arch No Data Available 9,900 ADT 1(LOS°"D") Proposed Land Use 3—500 ADT 1 Average Daily Trips 2a as defined by a vacant parcel 3 as defined by an automated Car 4 LOS=Level of Service Wash Facility zb as defined by a 2.60-acre parcel zoned 8 AG-2 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Fisher Arch is considered a two-lane undivided local roadway. The existing infrastructure currently resides in a 60-foot right-of-way. Fisher Arch is not included on the MTP and there are currently no roadway CIPs slated for this segment of roadway. Sandbridge Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial with a variable-width right-of-way. The MTP proposes the Princess Anne Commons/Transition Area Parkway with up to four- lanes for this segment of Sandbridge Road. Princess Anne Road Phase VII (CIP 2-195) is for the construction of a four- lane divided roadway within a 143-foot right-of-way with a bike path,from General Booth Boulevard to just past the Upton Drive/Princess Anne Road intersection. The project is currently under construction and is slated to be complete in summer, 2022. Stormwater Impacts Project Stormwater Design Staff Summary This project will consist of a proposed car wash facility with vacuum stations and is situated on a 2.60±acre parcel at the southwest corner of Fisher Arch and Sandbridge Road. The development is designed to drain into a proposed onsite stormwater management facility (SWMF) before discharging into the existing storm sewer infrastructure along Sandbridge Road. Stormwater runoff from the site currently drains via sheet flow towards the Fisher Arch right-of-way and into the existing storm sewer system. Stormwater runoff from the proposed building and surface parking lot will be collected into an underground SWMF with a manufactured filtering device and a grassed channel dry detention SWMF that will SXCW Properties II, LLC Agenda Items 4 & 5 Page 6 treat for both water quality and water quantity from the development before discharging offsite. The purchase of offsite nutrient credits will be utilized for any remaining water quality phosphorus treatment load required that is not treated by an onsite BMP. The provided preliminary stormwater management design demonstrates conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5' of sea-level rise (SLR). The City's Stormwater Master Drainage Model was used in the Preliminary Stormwater Analysis and included an offsite analysis to demonstrate that the development has a viable strategy to prevent negative impacts or increased flooding levels on the existing stormwater system upstream or downstream. Based on the information provided by Gaddy Engineering Services, LLC. in the Preliminary Stormwater Analysis, the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below Project Information Total project area: 2.597 acres Pre-Development impervious area:0.0 Acres Post-Development impervious area: 1.02 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: Yes Does the analysis incorporate into design updated rainfall amounts(NOAA plus 20%) and account for 1.5'SLR: Yes Stormwater Management Facility Design Information Type of facility proposed: Underground detention, grassed channel (dry detention) Total storage volume provided in proposed stormwater management facilities: 35,000 cf(between underground SWMF and dry detention SWMF) Description of outfall:Stormwater runoff from the site that enters into the underground detention SWMF will be released into the dry detention SWMF before discharging into the existing storm sewer trunk line that serves the Princessboro development and ultimately connects into the storm sewer along Sandbridge Road. The dry detention SWMF is designed with an emergency spillway for overflow capacity that will route storm events larger than a 100-yr storm to towards the right-of-way. Downstream conveyance path:This site is part of the Dam Neck Drainage Basin. Drainage from this site drains into Red Mill Pond and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required: 2.04 lb/yr Method of treatment proposed: Manufactured filtering device, Grassed Channel, Offsite Nutrient Credits Stormwater Quantity Compliance Design Information Channel protection: Provided stormwater model demonstrates non-erosive velocities of stormwater discharge for the 2- yr 24-hr storm. Flood protection:Attenuation of peak flow rates with no increase in flooding for the 10-year 24-hour storm in all evaluated stormwater structures upstream and downstream. 100-Year storm evaluation: Stormwater modeling demonstrates project meets requirement of no increase in flooding for 100-year storm in all evaluated structures upstream and downstream. SXCW Properties II, LLC Agenda Items 4& 5 Page 7 Sea-Level Rise: Project evaluated, and stormwater modeling demonstrates proposed buildings will not be impacted by stormwater during 100-year(including 1.5' SLR)storm event. Public Utility Impacts Water The site must connect to City water. There is an existing 10-inch City water main along Sandbridge Road. There is an existing eight-inch City water main along Fisher Arch. There is an existing eight-inch City water service main stub extended to the property on Fisher Arch. Sewer The site must connect to City sanitary sewer. There is 1.5-inch private sanitary sewer force main along Sandbridge Road. There is an existing eight-inch City sanitary sewer gravity main along Fisher Arch. There is an existing four-inch City sanitary sewer lateral extended to the property on Fisher Arch. Public Outreach Information Planning Commission • The applicant has appeared before the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee (TA/ITA CAC) at the January 9, 2020 meeting. The Committee was generally supportive of the concept. Since then, the applicant modified the project by removing the fuel sales component. • The applicant reported that they met with the surrounding property owners, including the nearby church, nursery with retail operation. One letter of opposition was received from the church noting concerns related to increase of traffic volume and traffic safety. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022 and July 3, 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 June 27, 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 July 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 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 August 5, 2022. SXCW Properties II, LLC Agenda Items 4 & 5 Page 8 Proposed Site Layout pN _ L N I < m a ri 6G`n W ; : .< s FO I N q ,c,L,AL w <' ouaa, '�z r eµ = a. i'o6D D;4W E O n - w U z 1. . In Es Y. R bC p ga .n W e rt, . i8.7U1E K w v. $ E, a ¢ j. z,, , p O b g . < U .. U 4 nn7at> S�SO 25237. co• ; 6 vD i G i ° t 1 J Z t oGJ NW • (7 a % S• N m %§ n 5 W Q Q 8 °z r• ♦. 1 • • a o .. 1 i o E 'o z So 5 ,,� ® Q G F . 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COLOR-BLACK / 11111111.111111111.11111* STONE VENEER 4 CAP GRAY SPANDREL— ROLL-UP DOOR. &LASS O COLOR-BLACK NORTH ELEVATION SCALE:3/32' • 1'4' 1216 MECHANICAL EQUIPMENT ROOF 15 ALCOVE TO SCREEN VERTICAL BATTEN UNITS SIDING.COLOR-WHITE DECORATIVE &ABLE BRACKET I COLOR-BLACK GRAY SPANDREL " TRIM.T'r'P. cn &LASS COLOR-BLACK m ALUMINUM STOREFRONT. HORIZONTAL LAP COLOR-BLACK SIDING.COLOR-WHITE " \ PORTE If 1\ STONE VENEER d CAP GOCHERE VERTICAL BATTEN 511,IN&. ROLL-UP DOOR. COLOR-WHITE COLOR-BLACK O1SOUTH ELEVATION SCALE.3/32'• I'-0' SXCW Properties II, LLC Agenda Items 4 & 5 Page 11 Proposed Signage i SIGNAGE PERMITTED SEPARATE t � �b VERTICAL BATTEN SIDING. COLOR-WHITE Milim12111;5 4.4 - 7- seas xpress CAR HAS .''% I rt r 1 i - „I In I : I VERTICAL BUTT GLAZED JOINT IRATELY ...a moan's xprvss II ■■ ■■ .71 ... , !i 1 it: TRIM. TYP. / VERTICAL BATTEN / COLOR-BLACK SIDING. COLOR-WHITE STONE VENEER 4 GAP SXCW Properties II, LLC Agenda Items 4&5 Page 12 Proposed Signage 48.56' 40' saml xprrss �; •L.rnr+urr r=•ts,nc• •R '4� untimita 1-1/2"Drt ai„rr rw l .--retainer • 2099. 1=1_ . 21111141113 ammo • • • • • • • • • •• `° • • • • • «"+► ♦ • ♦♦ a11r11•■ ♦ ♦ • • •.ram► ♦ • • • amawme • • • ea.oat • i • iw.rim ♦ • • aims ♦ ♦ ♦ ammo 4- • • . MIN • tirr.oM tO to knise mai I 10 so. • haler b)[One front view 36" PA PP EXIT' [B to 010`. '/,"/,) 117:-/- 7/7 jr- )L!.±5 b' to N 18" -I SXCW Properties II, LLC Agenda Items 4 & 5 Page 13 Proposed Vacuum Station Canopies all=___ H to 1. - I 4 k .56 s JI to 0 11 i=' " hi -ri Ili I/ ll•:J\ "� r, $� : I Cit C $y IL I �- I .L111 I i' .S'Q4 j - I .2'LOI - f .ZZ---i • N E. I .,..::....:.i..,: .LEI-- 1:::.: , IMO p 4 SXCW Properties II, LLC Agenda Items 4& 5 Page 14 Site Photos ,jittore, .. 1.I .i t • '?t, r - 1, {F t, , _,Y i c far `' ,... - �-i ..-•a.-��' s .. 1_ - ram _ _ .mac 4' .,_�• , .y a'' iA .....y. 1111 7 ....^ �14'`"- _ Tam si_;,L, .• a., +. _ �r„d .ti, u s e • .• 1 •'•. • - ".4t f S "„may r >�?1?- ` ii rc_ .z,.'7 -4 1 3 t --V� .------�- ivi% - gera'41,... .:'"4 , -- .e. '....-'•• '-"r'' ''. ...., ' SXCW Properties II, LLC Agenda Items 4 & 5 Page 15 Disclosure Statement Disclosure Statement NA3 coy g1Vipiria inch Planning&Community Development _---. .,,..+•may 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 SXCW PROPERTIES II,LLC Does the applicant have a representative? Ia Yes 0 No • If yes,list the name of the representative. Leslie R.Watson,Esq.and Christopher A.Pocta,Esq.,Wolcott Rivers P.C.;Billy Garrington Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Sarni I Nafisi,Manager and CEO;Sam's Car Wash Holdings,LLC • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Sam's Car Wash Holdings,LLC "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 Wage SXCW Properties II, LLC Agenda Items 4 & 5 Page 16 Disclosure Statement Disclosure Statement \33 Car 4 Planning&Comm neveJoint 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 s::bject public action?0 Yes •No • If yes,what is the name of the official or employee and what is the nature of the interest? N/A 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 t^e property? ❑Yes I No • If yes,identify the financial institutions providing the service. N/A 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No • if yes,identify the company and individual providing the service. In-House Broker 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. N/A 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. ESO-Pertness Oakline Studio Victor Worontsoff 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. N/A Rcvur.r.; C2L' 2 P age SXCW Properties II, LLC Agenda Items 4 & 5 Page 17 Disclosure Statement • Disclosure Statement . ~:. . 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 company and individual providing the service. Construction Contractor is to be determined 7. Does the applicant have an engineer/surveyor/agent ir connect or 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. Gaddy Enginering Services,LLC-Michael Gaddy PE,LS 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?I Yes 0 No • If yes,identify the firm and individual providing the service. Les Watson,Esq.-Wolcott Rivers Gates Applicant S,gnature certify that all of the information contained in this Disclosure Statement Form is complete,true,anc 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 o mittee in connection with this application. Appt cant Si re Anthony arren,Development Director Print Name and Title 1Z C, 1 Z2— Date Is the applicant also the owner of the subject property? ❑Yes ® NO • If yes,you do not need to fill out the owner d'sciosu'e statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks pri• •any Planning Commission and City Council meeting tb sf pertainsto-tt►e applications I ® I No d,anaes a.of I°me I 07.21.2022 iw" Print Name1 Hoa N.Dao Revised 11,09.2020 3 1 P a g r SXCW Properties II, LLC Agenda Items 4 & 5 Page 18 Disclosure Statement Disclosure Statement \ATi3 .:m.sl ivyrw Ant Planning&Community Development Ted Owner Disclosure Owner Name Tract No.8,LLC(Attn:R.Earl Johnson) Y Applicant Name SXCW Properties II,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?1 Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) R.Earl Johnson-Member and Manager Gail W Johnson-Member and Manager • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? N/A "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA,Code§2.2-3101. "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 comminglec 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 E; SXCW Properties II, LLC Agenda Items 4 & 5 Page 19 Disclosure Statement Disclosure Statement Planning&Coma tt ;. Deve10 e -�.,,,._.-. 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 N No • If yes,identify the financial Institutions providing the service. N/A 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. Thalhimer,Bob Thornton 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 I No • If yes,identify the firm and individual providing the service. N/A 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 No • If yes,identify the firm and individual providing the service. N/A 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. N/A 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes Ili No • 1;yes,identify the company and individual providing the service. N/A 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?0 Yes No • If yes,identify the firm and individual providing the service. Managing Member of Owner is a professional engineer,but no engineering services have been contracted by the Owner Re'.iced 1 i 09.2020 Wage SXCW Properties II, LLC Agenda Items 4 & 5 Page 20 Disclosure Statement i§closure Statem_- f ibgriirposs a•t= fnrnng&CoI ii t NOW 8. Is the Owner receiving legal services in connection with the subject cf the application or any business operating or to be operated on the property?❑Yes V,No • If yes,identify the firm and individual providing legal the service. N/A Owner Signature I certify that ail 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 Coundi,VBDA,CBPA,Wetlands Board or any public bod committ onnection with this application. Owner Signature R.Earl Johnson, naging Member Print Name nd Title Date Revised 11.09.2020 7 I P a g f SXCW Properties II, LLC Agenda Items 4 & 5 Page 21 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. SXCW Properties II, LLC Agenda Items 4 & 5 Page 22 TRACT NO. 8, LLC, a Virginia limited liability company SXCW PROPERTIES II, LLC, a North Carolina limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 2nd day of June, 2022, by and between TRACT NO. 8, LLC, a Virginia limited liability company, party of the first part, Grantor, SXCW PROPERTIES II, LLC, a North Carolina limited liability company, party of the second part, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of one parcel of land located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.6 acres as more particularly described as "Exhibit A" attached hereto and incorporated herein by reference. Said parcel as described in Exhibit"A"is herein referred to as the "Property"; and WHEREAS,the party of the second part,as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to B-2 Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes though zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not GPIN: 2414-31-2772-0000 Prepared by: Leslie R. Watson Wolcott Rivers Gates 200 Bendix Rd Ste 300 Virginia Beach, VA 23452 generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS,the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element or compulsion or quid pro quo for conditional use, site plan, or building permit, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claim under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, the entrance, streets, internal layout, landscaping and fencing shall be substantially in accordance with the "REZONING AND CONDITIONAL USE PLAN", dated 12/03/2021, prepared by Gaddy Engineering Services, LLC, which has been submitted and is on file with the Virginia Beach Department of Planning ("Conceptual Plan"). 2. When the Property is developed, the project shall have the architectural design substantially as depicted on the rendering entitled "SAM'S XPRESS CAR WASH COLOR ELEVATIONS CORNER OF FISHER ARCH AND SANBRIDGE ROAD VIRGINIA BEACH, VA," dated 04/27/2022, prepared by Oak Line, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Review Set"). 3. The final stormwater management plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the preliminary stormwater analysis. 2 4. Further conditions may be required by the Grantee during the detailed review of the Conceptual Plan and Review Set and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the conditional use and B-2 Business District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions,having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the second by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amendment. Said ordinance or resolution shall be recorded along with said instruments as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory jurisdiction, abatement, damages, or other appropriate action, suit or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. [Signature Page Follows] 4 WITNESS the following signatures and seals: TRACT NO. 8,LLC, a Virginia limit li "lity company By: (SEAL) Name: Title: Aeglile042*/•--- STATE OF VIRGINIA CITY/COUNTY OF \i i t'c fn'oc ,to-wit: I, the undersigned, a Notary Public in and for my City/County and State aforesaid, do hereby certify that a� E& -1 hi)Soi Jf e /)-&r of TRACT NO.8,LLC, a Virginia limited liability company, whose name is signed to the foregoing instrument, has acknowledged the same before me this 3 day of J,(, , 2022, who is personally known to me or has produced IJR[dePc—lb as identification. ZAA Notary ublic My Commission Expires: -2) 31 I'a� J N O N I R NOTARYE FOSS PUBLIC REG. #279565 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MARCH 31,2023 My Commission Number: 91 S 5 WITNESS the following signatures and seals: t SXCW PROPERTIES II, LLC, a North Carolina limited liability company • �— (SEAL) Nam . 44flovi •n►eil Title: f n -tM MG M V STATE OF NORTH CAROLINA CITY/COUNTY OF /0 , to-wit: I, the undersi ed, a Notary Public in and for my City/County and State aforesaid, do hereby certify that , iff-1 ie. S CW Properties II, LLC, a North Carolina 1. ited liability company, whose name is signed to the foregoing instrument, has acknowledged the same before me this 3 day of 9 , 2022, who is personally known to me or has produced as identification. 1{:)artez:-... )r),,,AA_k- hAQ-1-9--z-- Notary Public My Commission Expires: I 4 A ' a2b t?"°?Ita My Commission Number: d 0 I J a9 9 OO 44O PATRICIA MARIE WHEELER NOTARY PUBLIC • Mburo County North Carolina My Commission Expiry.Oct.20,2026 6 EXHIBIT A ALL that certain,piece or parcel of land, lying and being in the City of Virginia Beach, Virginia, and designated as Parcel A-11,AREAL 113,117 SF or 2.597 Ac., on plat of subdivision prepared by MSA, P.C., titled "SUBDIVISION OF SANDBRIDGE MARKETPLACE (INSTR. NO. 20051228002079030)(MB 110, PG 19) VIRGINIA BEACH, VIRGINIA", dated June 29, 2011, prepared by MSA, P.C., and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 20120615000663450, reference to which plat is hereby made for a more particular description. 7 Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Items # 4 & 5 SXCW Properties II, LLC [Applicant] Tract No. 8, LLC [Property Owner] (4) Conditional Rezoning [AG-2 Agricultural District to Conditional B-2 Business District] (5) Conditional Use Permit [Car Wash Facility] Address: Parcel on the southwest corner of Sandbridge Road & Fisher Arch, east of 1973 Sandbridge Road RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: Thank you for that. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, moving on to items#4 and#5 together, SXCW Properties, LLC for Conditional Rezoning AG-2 Agricultural District to Conditional B-2 Business District for a carwash. Would the applicant or representative please come forward. Mr. Garrington: Thank you. Good morning Mr. Chairman, ladies and gentlemen of the Planning Commission. For the record, Billy Garrington on behalf of the applicant. The applicant is SXCW Properties II LLC, Conditional Rezoning and a Conditional Use Permit for a car wash on Fisher Arch in the Sandbridge section of City of Virginia Beach. There are four conditions in the staff write up and four proffers. Also in the staff write up we're in total agreement with the recommendations by your staff, and we thank you for putting this on the consent agenda. Mr. Alcaraz: Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I have asked Commissioner Dave Bradley to read it for the record. Mr. Bradley: The applicant is requesting to rezone a 2.6 acre site along Sandbridge Road from AG-2 Agricultural District to Conditional B-2 Community Business District as well as a Conditional Use Permit to construct and operate a carwash facility. Property is on the corner of Sandbridge Road and Fisher Arch and the Comprehensive Plan is within the Transition Area. The plan depicts a 4115 square foot single bay carwash building with four parking spaces designated for employees and 20 spaces designated with vacuum stations. The proposal meets the parking requirements set forth in the Zoning Ordinance. Staff recommends this and since there were no known speakers in opposition, we decided to put it on our consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think, there are a couple. So do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On #17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items #18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, and 16 have been recommended for approval by consent. Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner ABSENT CONDITIONS 1. At the time of site plan review, a Landscape Plan that reflects the plant material depicted on the exhibit entitled, "REZONING AND CONDITIONAL USE PLAN", dated 12/03/2021, prepared by Gaddy Engineering Services, LLC, which has been submitted and is on file with the Virginia Beach Department of Planning, shall be submitted for review to the Development Services Center and shall obtain approval prior to the issuance of a building permit. Landscape material shall be installed on site in compliance with the requirements of the Virginia Beach Landscape Guide. Landscaping required, depicted on the Landscape Plan, and to be installed includes, but is not limited to, the following: a. Foundation landscaping along the Fisher Arch façade of the car wash building. b. Street frontage landscaping, a minimum ten (10) feet in width, shall be installed along Sandbridge Road and Fisher Arch. c. A variable width landscape buffer to include a variety of trees and shrubs from the list of Category III plantings shall be installed along the multi-use trail along Sandbridge Road or as determined by the Director of Planning. 2. All vacuum stations shall be screened from the rights-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 3. All exterior lighting shall be low intensity and residential in character. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the car wash premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. Outdoor lighting fixtures shall not be erected any higher than 14 feet. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site will be shielded and directed downward to limit the potential for overspill beyond the property's boundary. 4. Signage for the site shall be limited to the following: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set in a brick base and shall be constructed using materials and color scheme to match the building. c. No striping shall be permitted on the vacuum station canopies. d. All signage shall be externally lit. There shall be no neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Department of Planning for review and approval. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, the entrance, streets, internal layout, landscaping and fencing shall be substantially in accordance with the "REZONING AND CONDITIONAL USE PLAN", dated 12/03/2021, prepared by Gaddy Engineering Services, LLC, which has been submitted and is on file with the Virginia Beach Department of Planning ("Conceptual Plan"). Proffer 2: When the Property is developed, the project shall have the architectural design substantially as depicted on the rendering entitled "SAM'S XPRESS CAR WASH COLOR ELEVATIONS CORNER OF FISHER ARCH AND SANDBRIDGE ROAD VIRGINIA BEACH, VA," dated 04/27/2022, prepared by Oak Line, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Review Set"). Proffer 3: The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis. Proffer 4: Further conditions may be required by the Grantee during the detailed review of the Conceptual Plan and Review Set and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The proffers provide a high level of predictability in terms of references to architectural style and elements, site layout and vehicular access, plantings, stormwater, and signage. Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. r St. John the Apostle � ! , CATHOLIC CHURCH "' 'rity of Virginia Beach Depatalent of Planning&Community Development From:Rev. Robert J Cole,KHS—Pastor of St. John the Apostle Catholic Church&School Date: July 11, 2022 RE:SXCW Properties II LLC—Tract No. 8 LLC Dear Planning Commission, I am writing to express my objection to the proposed request to rezone 2.60 acres from AG-2 to Conditional B-2 in conjunction with a Conditional-Use Permit request to operate a car wash facility. Review hearing for this application to occur Wednesday,July 13,2022 at 12:00PM. I have read and reviewed the: Ramey Kemp Associates (RKA)who had performed a Traffic Impact Analysis (TIA) for the proposed Sam's Xpress on the southwest corner of the Sandbridge Road at Fisher Arch intersection. As stated in the report,that analysis was completed on June 18, 2020;a time when COVID drastically tempered daily travels for the entire_general public_ I would like to add that this was also a period of time when our St. John the Apostle School was no longer in session and out for summer break. In addition,the report is two years old and traffic patterns are not an actual representation of the current reality. Sandbridge Rd. &Fisher Arch continues regularly to increase in traffic flow; it takes more time for visitors, employees, and myself to exit the property. It is my experience that"car wash facilities"have higher volumes of usage during the months (fall/winter/spring)that are less favorable to "do-it-yourselfers periods"than in more favorable weather(summer months)conditions. So,this proposed car wash would directly affect the traffic flow of our school exit(s) during the school year and church entrance/exits on weekends. Also,because there is no signal light at this intersection, one of our employees was rear-ended by a Virginia Beach school bus just a few years ago. I am certain that the potential for future accidents will only increase if the City allows for this rezoning request to move forward In short, I respectfully request that the proposal to rezone 2.60 acres from AG-2 to Conditional B-2 in conjunction with Conditional.Use Permit request to operate a car wash facility be denied_ Respectfullysubmitted, Rev Robert J Co e,KHS—Pastor Rev. Robert J Cole, KHS, Pastor 1968 Sandbridge Road, Virginia Beach, Virginia 23456 Phone: 757-426-2180 Fax 757-426-6857 \ 0 \ ' Y 0 Cilj/i ° �„p. ,. A�12aR�5p ,��1,��r--�� `�� R7.5 0 A�18-RZ, % Al2.4 „ • o 0:ozo �R20 ��► �'��'Q , ,� o a \. p - , ,� ,o , le'0:0,§' - --,,, ,, ----./ ,,, o/rI _�„� R5D 0 R5D. „,� /// 0 � o Z5 8 '- io i/, ,,, ci;J.- . /0 / , i / / ‘8" / ' ; B2 -.IS�� '0 i. ,_ ., -- P A18 I cam' A�18s "-,i. , 14/ _ /' © ---, _ 8 0 -----o/ ow Q o, -, "rB2, Q7 _• --,, , / 0 . A 1.2 . E._ ie At8 -By' : .., _,,, ,.0. ,/, :iv i ------ ---_,,, --------„,,,, .:.„, , ,, [ , . -__ „my ,fr i 1 , -,,,, -----,,,„, ,v, 0 ii _RP 1 --- ---40 ' i B2 4r /I B2lc, u / # -,,, --, a A1v2 J 7I"C170-- _ , r hA�12 1 ' ',. / , / B2 1 Hunter's Mill Apartments, LLC , Site 397 Brixton Drive, parcel west of 5444 Virginia Beach Boulevard, W.%#.E —_____ g `�J Property Polygons & triangular parcel between s Zoning 397 Brixton Drive & 500 Aylesbury Drive Building — Feet 0 60120 240 360 480 600 720 U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HUNTER'S MILL APARTMENTS, LLC [Applicant] HUNTER'S MILL APARTMENTS, LLC & LADERBERG SQUARE, LLC [Property Owners] Conditional Change of Zoning (A-18 Apartment & B-2 Community Business Districts to Conditional A-18 Apartment District) for the properties located at 397 Brixton Drive, parcel west of 5444 Virginia Beach Boulevard & triangular parcel between 397 Brixton Drive & 500 Aylesbury Drive (GPINs 1467488322, 1467582138, 1467487008). COUNCIL DISTRICT 4, formerly Kempsville MEETING DATE: August 9, 2022 • Background: The applicant is requesting to rezone three lots on 12.12 acres to incorporate two adjacent parcels totaling 1.48 acres into the existing Hunter's Mill Apartment. The existing apartment complex along Virginia Beach Boulevard near Newtown Road has 180 units. The proposed construction of two additional, three-story buildings will contain an additional 36 units, totaling 216, resulting density of 17.82 units per acre. Parcel C where the two new structures are proposed will remain a unique, separate lot to satisfy the existing HUD financing requirements. As per the Zoning Ordinance, the overall complex can be defined as a zoning lot as all properties will have the same zoning with common ownership. This will allow for shared parking among the parcels, but deviations are sought for both the side and rear yard setbacks for the proposed Building 2. • Considerations: One of the lots to be added to the complex is triangularly-shaped with no direct access to a right-of-way and the other parcel while zoned B-2 has very limited frontage along Virginia Beach Boulevard and is limited in size to accommodate a commercial use. A proffer has been offered by the applicant indicating that all parcels subject to the rezoning will remain under common ownership and will function as unique and not separate developments until such time as the entire apartment complex is either rezoned or redeveloped. The Comprehensive Plan recommends that development within this area of the City focus on creating and maintaining great neighborhoods by enhancing the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, and effective buffering. In Staffs view and the Planning Commission concurs, the expansion of the apartment complex subject to the proffers reflects this vision. In terms of the setback deviations from the required 10-foot side and rear property lines, the proposed 2.62-foot side setback will be adjacent to a property line shared Hunter's Mill Apartments, LLC Page 2 of 2 by this apartment complex. Finally, the three-story buildings of approximately 34 feet in height are designed to mimic the design and building materials of the existing development and the resulting density is comparable to other multi-family developments in the vicinity. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On July 13, 2022, the Planning Commission passed a motion to recommend this item for approval on the Consent Agenda, passing a motion by a recorded vote of 10-0. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department *7 City Manager: j �' Applicant Hunter's Mill Apartments, LLC Agenda Item Property Owners Hunter's Mill Apartments, LLC & Laderberg Sq , LLC crtyof Planninguare Commission Public Hearing July 13, 2022 1 0 Virginia Beach City Council District District 4,formerly Kempsville Request Conditional Rezoning (A-18 Apartment District & B-2 Community Business District to Conditional A-18 Apartment District) '"`"` r4° IStaff Recommendation Approval 44 41* L..,44v 4r 4 m Ike Staff Planner it �`"'� Marchelle Coleman D r it " 8 Summer Crescent Location e,05e et 397 Brixton Drive, parcel west of 5444 Virginia left.4 n '"� la —� \ re _- - e/ Beach Boulevard &triangular parcel between =�� / �_ 397 Brixton Drive & 500 Aylesbury Drive venue 1117 Q GPINs Lea. �� $ j 1467488322, 1467582138, 1467487008 �, y Site Size -k 12.12 acres J^ 44 AICUZ Less than 65 dB DNL Watershed _ Amh_ urst eou!t #',, _.� Chesapeake Bay Existing Land Use and Zoning District ~� � �'£ Multi-family dwellings, undeveloped lots/A-18 `'- " - 8' a ,�;, - Apartment, B-2 Community Business 4► . Yr,„: ' " ,-, 4.c--zz;- .E4 '''' '-ir ' !I!' '1.'_.: :i ''' Surrounding Land Uses and Zoning Districts ° �:- •r,,, %illy " Yr ., North - - y. . 7. Single-family dwellings/ R-5D Residential 0 - '' :'4,1,.,. South �: Virginia Beach Boulevard = is r, * :,, v, 'ter, Auto repair, retail/ B-2 Community Business 4, .-. irk ' r East '` ��_ �ri y _ Multi-family dwellings/A-18 Apartment jg, - _ West z Undeveloped lot, auto repair, office use, single- family dwelling / B-2 Community Business, R-20 Residential Hunter's Mill Apartments, LLC Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone three parcels totaling 12.12 acres from A-18 Apartment District and B-2 Community Business District to Conditional A-18 Apartment District to construct two additional multi-family buildings within an existing multi-family residential community, resulting in an overall density of 17.82 units per acre. • The Hunter's Mill Apartment community, constructed in 1986, is located on Parcels A (10.633-acres) and B (0.604- acres) and is currently developed with 15 multi-family buildings totaling 180 dwelling units. • The applicant intends to purchase Parcel C to expand the existing residential apartment community. Parcel C(0.883- acre)will be constructed with two buildings comprised of 18 dwelling units each, increasing the number of dwelling units for the community from 180 to 216.The interior lot lines will be vacated for Parcel B and will be incorporated into the site to remain as open space. • Due to underlying restrictions of the HUD loan on the property,the interior property lines for Parcel C will not be vacated. As defined in Section 111 of the Zoning Ordinance,these properties satisfy the requirements to be identified as a zoning lot. The rezoning will result in a single zoning district of Conditional A-18 Apartment District for the separate parcels and is permitted by the Zoning Ordinance if the properties are maintained in common ownership. A proffer has been offered by the applicant indicating that Parcel C must remain under common ownership with the other parcels and can never be separated or function as a unique and separate development until such time as the entire apartment complex development is either rezoned or redeveloped. • Per the City Zoning Ordinance,the side yard and rear yard building setbacks in A-18 Apartment District for multi- family dwellings is 10 feet from the property line. For Building 2,the applicant is proposing a 2.62 foot side yard building setback and a rear yard building setback of 5.23 feet. The applicant is requesting that these adjustments be addressed through the provisions of Section 107(i) of the Zoning Ordinance, which allows City Council to grant deviations from required setbacks if"for a good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties". • Residents of the new proposed buildings will have access to the existing amenity package provided at the apartment complex consisting of a clubhouse, fitness center, outdoor swimming pool, and open space areas. • The building elevations, as depicted on page 11 of this report, depict two,three-story multi-family buildings with a height of 34 feet and 3 inches,thereby meeting the 35-foot maximum height in the A-18 Apartment District. The proposed buildings will be similar in design to the existing buildings within the complex with exterior building materials consisting of fiber cement panel and siding, brick, and standing seam metal roof. The proffered building elevations note that the building colors will have earth tone hues and the brick veneer will have a soft light brown color similar to what is displayed on the elevations. • As shown on the conceptual Landscape Plan,streetscape plantings, building foundation plantings and interior parking lot plantings will be installed as required. A 10-foot wide landscape buffer is required adjacent to the residential properties to the west of the site. Currently, portions of the existing parking lot encroach into this buffer, as the site was developed prior to City Council's adoption of the current screening and buffering standards.As noted on the proffered landscaped plan,the applicant will install plants along the western property line where it is deficient. In the event that due to the extent of the encroachment into the buffer additional plants cannot be accommodated,the applicant will install plant material elsewhere within that buffer in an attempt to meet this requirement. Other than this screening,the conceptual Landscape Plan appears to meet the requirements of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during the final site plan review. Hunter's Mill Apartments, LLC Agenda Item 10 Page 2 • Since these parcels meet the definition of a "zoning lot,"the additional 59 parking spaces added to the site meet the parking requirements as identified by the City's Zoning Ordinance. The 404 parking spaces throughout the complex and as depicted on the proffered plan exceed the minimum parking requirement by 13 spaces. • As is typical when a nonresidential property is considered to be redeveloped for residential use, a Phase I Environmental Site Assessment (ESA) is performed. A Phase I ESA was provided by ECS Mid-Atlantic, LLC, dated July 8, 2022.The Phase I revealed that there is no evidence of Recognized Environmental Conditions (REC) or Historical Recognized Environmental Conditions on this property. The applicant has provided a proffer whereby the Phase I ESA will be submitted prior to the submission of the site plan. If the Phase I ESA requires a Phase II ESA, the applicant has indicated that it will be provided prior to site plan review, and if remediation is recommended it will be completed prior to the release of any building permits. Zoning History # Request 1 CRZ(I-1& B-2 to Conditional A-18)Approved 07/06/2016 2 CUP(Motor Vehicle Sales and Rental, Repair&Service) Approved 07/14/1986 3 CUP(Automobile Sales)Approved 03/09/2004 4 CRZ(B-2,Al2, & R-7.5 to Conditional B-2)Approved 04/17/2018 -; , �:�� t,_.!! , 1 ,; CUP(Vocational School)Approved 11/18/2014 c, F , =° jy?t}gc, • CUP(Church)Approved 12/03/2002 ' it' s�.q. rd --.,, �s� y : 5 CUP(Automobile Repair Garage)Approved 04/09/1996 4 t .',. ,..f, t1",; f CUP(Automobile Repair Garage)Approved 06/08/1993 �� ' :� "1 _ 6 CUP(Church)Approved 07/02/2002 411,4 71 147,'' CUP(Church)Approved 09/26/2000 s } �`, ' ; i 7 CUP(Private School addition)Approved 08/12/2003 19 r' sa,/ ` 4'7 '$(! 8 CUP(Automobile Repair Garage)Approved 02/05/2019 n 1-2 -:.--, „,-''''''s-:'.."---- ---.7''' cs la,/ r _ t a 9 CUP(Small Engine Repair)Approved 03/12/2002 / :4f c2) CUP(Motor Vehicle Rental)Approved 10/26/1999 //�•.�� rt - __,7 sz 4 10 CUP(Mini-Warehouse)Approved 04/13/1993 !./6 c 10' ♦�" •e �� _ `/ 11 CUP(Gasoline Sales)Approved 02/26/2008 ( it*� ftcaeon " CUP(Motor Vehicle Rentals)Approved 09/14/2004 • , . t ' - r3.,_ „ i' 12 CUP(Bulk Storage Yard)Approved 10/01/2019 RI �� - r �`' 13 CUP(Automobile Repair Garage)Approved 08/04/2015 / 14 CUP(Bulk Storage Yard)Approved 03/27/2001 15 NON(Detached Garage addition)Approved 12/09/2003 16 REZ(B-2 to R-20)Approved 11/07/2017 17 MODC(Religious Use)Approved 01/24/2012 CUP(Religious Use)Approved 04/12/2011 18 CUP(Motor Vehicle Sales)Approved 04/26/1994 19 CUP(Auto Sales and Storage)Approved 05/14/1996 CUP(Rehabilitation Center/Sanitorium)Approved 09/17/1991 20 CUP(Church)Approved 05/09/2000 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 Hunter's Mill Apartments, LLC Agenda Item 10 Page 3 Evaluation & Recommendation In Staff's opinion,this request to conditionally rezone this 12.12-acre site from A-18 Apartment District and B-2 Community Business District to Conditional A-18 Apartment District to construct two, new, multi-family buildings with 36 additional dwelling units is acceptable.The existing B-2 zoned parcel is land locked within the existing apartment complex.The Comprehensive Plan recommends that development within this area of the city focus on creating and maintaining great neighborhoods by enhancing the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, and effective buffering. In Staff's view and in conformance with the Comprehensive Plan,the expansion of the apartment complex reflects this vision. Ultimately, Staff believes that the rezoning to one unified conditional A-18 apartment district and the expansion of the existing apartment complex is compatible with the neighboring properties and will not negatively impact properties in the area. As stated previously,the applicant is requesting a deviation to the required 10-foot side yard and rear yard building setbacks for proposed Building 2. Instead,the applicant is proposing a 2.62-foot side yard building setback and a rear yard building setback of 5.23 feet. In Staff's opinion,the proposed side and rear yard building setbacks proposed are acceptable, as Building 2 is directly adjacent to the existing multi-family development, and unlike Building 1 is not immediately adjacent to the shopping center to east.The building setback for Building 2 should not adversely affect the adjoining property. For this reason, Staff is supportive of the deviation request for the side and rear yard building setbacks for Building 2. Proffer 9 is provided by the applicant to address this deviation. It is the opinion of Staff that the traffic generated by the multi-family development will result in 704 average daily trips. Additional detailed comments will be provided during the site plan review process. Information provided by the Virginia Beach City Public School Staff indicates that the increase in student enrollment will be minimal with only a total of eight students, four students at the elementary school level and two students at both the middle and high school levels. The increase in student population will be below maximum occupancy levels. Based on this,the proposal is not expected to negatively impact the school population. This site is located in the Chesapeake Bay watershed;therefore, a preliminary stormwater analysis was not required prior to this item being reviewed by Planning Commission and City Council. The applicant indicated the intention to address water quality and quantity through the existing stormwater management facilities on the property as well as the installation of underground facilities, if needed. An in-depth review of the stormwater management strategy to ensure compliance with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development will occur during the site plan review process. Based on these considerations above, Staff recommends approval of the request subject to the proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Hunter's Mill Vacant Parcel and the Hunter's Mill Phase II Parcel shall be developed in substantial conformity with the conceptual site plan entitled "Hunter's Mill Expansion Preliminary Development Plan, Virginia Beach,Virginia", prepared by AES Consulting Engineers dated May 27, 2022 ("Conceptual Site Plan"),which has been exhibited to the Hunter's Mill Apartments, LLC Agenda Item 10 Page 4 Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning("Planning Department"). Proffer 2: The architectural design and building materials of the apartment buildings developed on the Hunter's Mill Phase II Parcel shall be substantially compatible with the architectural style and materials depicted on the building elevation plans entitled "397 Brixton Drive,Virginia Beach,VA", prepared by The Housing Studio, dated May 27, 2022 ("Elevations"), which have been exhibited to City Council and are on file with the Planning Department. Proffer 3: The Hunter's Mill Phase II Parcel and the Hunter's Mill Vacant Parcel will be landscaped in substantial conformity with the landscape plan entitled "Hunter's Mill Expansion Preliminary Landscape Plan,Virginia Beach, Virginia", prepared by AES Consulting Engineers, dated May 27, 2022 ("Landscape Plan"),which has been exhibited to City Council and is on file with the Planning Department. Proffer 4: The Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel shall become one common zoning lot zoned Conditional A-18 Apartment District ("Zoning Lot"), as depicted on the plat entitled "Zoning Plat, Hunter's Mill Apartments,Virginia Beach,Virginia", prepared by AES Consulting Engineers dated May 27, 2022 ("Zoning Plat"), which has been exhibited to City Council and is on file with the Planning Department. Proffer 5: Prior to the issuance of final site plan approval for the development of the Hunter's Mill Vacant Parcel and the Hunter's Mill Phase II Parcel, Hunter's Mill will re-subdivide the Hunter's Mill Phase I Property to remove the existing internal lot line between the Hunter's Mill Developed Parcel and the Hunter's Mill Vacant Parcel. Proffer 6: Prior to the issuance of a building permit for the construction of improvements on the Hunter's Mill Phase II Parcel, Hunter's Mill will acquire the Hunter's Mill Phase II Parcel, which is the parcel labeled "Parcel C" on the Zoning Plat. Thereafter,the Hunter's Mill Phase II Parcel will remain under common ownership, as defined in the Zoning Ordinance of the City of Virginia Beach ("Zoning Ordinance"),with the Hunter's Mill Phase I Property, which property consists of the parcels labeled "Parcel A" and "Parcel B" on the Zoning Plat. The Zoning Lot will be developed and operated as one multi-family apartment community, unless or until such time as the entire Zoning Lot is redeveloped and/or rezoned. Proffer 7: There shall be no more than thirty-six(36) multi-family dwelling units built on the Hunter's Mill Phase II Parcel for a total combined density on the Zoning Lot of two hundred sixteen (216) multi-family dwelling units. Proffer 8: Prior to building permit approval, Hunter's Mill will record a Declaration of Easements, Covenants and Restrictions ("Declaration") creating reciprocal rights of ingress, egress, access and to utilities, including without limitation stormwater management utility facilities, over, under, across and through the Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel for the benefit of all tenants, licensees and invitees of the same. The Declaration will also grant the owner,tenants and invitees of the Hunter's Mill Phase II Parcel rights to use the clubhouse, swimming pool, parking spaces, drive aisles and other common areas and amenities located on the Hunter's Mill Phase I Property. Proffer 9: In lieu of the ten (10)foot side and rear yard setbacks otherwise required by the Zoning Ordinance in the A-18 Apartment District,the building labeled, "Building 2", on the Conceptual Site Plan, will be set back no less than five (5) feet from the rear property line adjacent to the Hunter's Mill Phase I Property, and no less than two (2)feet from eastern property line adjacent to the Hunter's Mill Phase I Property, or such other distances as are deemed acceptable Hunter's Mill Apartments, LLC Agenda Item 10 Page 5 by the Planning Director during the site plan review process. Off-street parking and open space requirements shall be calculated utilizing the entire Zoning Lot. Proffer 10: Hunter's Mill will obtain a phase I environmental site assessment and will provide a copy to the Planning Department prior to site plan submittal. If the phase I environmental site assessment requires Hunter's Mill to obtain a phase II environmental site assessment, Hunter's Mill will obtain a phase II environmental site assessment prepared in accordance with ASTM E1903 and will provide a copy to the Planning Department prior to site plan approval. If the phase II environmental site assessment recommends remediation,such remediation shall be complete prior to the release of any building permits. Proffer 11: The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods while reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. 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 does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 30,714 ADT1 74,000 ADT 1(LOS°"D") Existing Land Use z—440 ADT Proposed Land Use 3—264 ADT 'Average Daily Trips 2 as defined by a.88 acre B-2 3 as defined by 36 new apartment 4 LOS=Level of Service zoned parcel units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard, in the vicinity of this site, is an eight lane major urban arterial within a 140-foot right-of-way. The MTP calls for an eight lane major arterial with an ultimate right-of-way width of 155 feet. There are currently no CIP projects scheduled for Virginia Beach Boulevard in the vicinity of this site. Hunter's Mill Apartments, LLC Agenda Item 10 Page 6 Public Utility Impacts Water The site connects to City water. There is an existing 16-inch and 20-inch City water transmission main line along Virginia Beach Boulevard. Sewer The site connects to City sewer. There is an 8-inch and 15-inch City sanitary sewer gravity main along Virginia Beach Boulevard.There is also a 16-inch City sanitary sewer force main along Virginia Beach Boulevard. School Impacts School Current Enrollment Capacity Generation ' Change 2 TriCampus Elementary 1,379 students 1,514 students 4 students 4 students Bayside Middle 1,090 students 1,216 students 2 students 2 students Bayside High 1,882 students 1,985 students 2 students 2 students '"Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022 and July 3, 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 June 27, 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 July 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.corn/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on August 5, 2022. Hunter's Mill Apartments, LLC Agenda Item 10 Page 7 U O 00 J r-I J CCU LC AVM OOI=.I'3lVOS E to ..uwww I • nwa I ........... NOIl3flUiSNO3 YW19dIA'HOV39YINIJl!IIA �, a Sd33NIJN3ONulnSNO3 N3033a0 3033811 SIN3101lUVdV 11IW S1b31NN 001 aoI AOOI E - uma�—rw. C sill Ei ld�d JNINOZ a..�.P:u,• 31YJ601NdYZ10 as a) E. 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'- , .'''...,r -•T't 't, .P At k. r , ,',. - _- Hunter's Mill Apartments, LLC Agenda Item 10 Page 12 Site Photos II ! w' _ V Ll�r Atilt."1:1'. .---..-:-.:*.:,.. .-.;:if-,-*.:..,....:7:,' ,,,,.:„.7..". Ifti,- ;Allik.-W-:*: -.'•.'.-'s-i.-.4._•4:— ' '.,-.!.,.-1,,". . ' •-* , ,. '-, • • ..:' , — , ... • Ja r A : ~v of .�� -- r - ' . 9 .; _} ,��', .t..'+ c :sw } '., s. `may- j=j rT - ' :IC.1*C.: --'•;z-. .C.?oll4.:,-,;.-c... c -•'.r.L.„,. ,4:1.-.',...'''''' --1'.:.::".'N'. ';,, :''• ,;., .'.,..`..-,. .1--'', ''',,o,:-",,-„ilkii;"!oz.., -_ ' -?ft...--.. E a y • < p • a. M�.4 -- _ __ '.. '-E.i.C-per.- _ } t c ' ?ice"#_ ---..�. •*" -—�. ve'.. ,..;-o;- —.•' ' 'Y' ----;ItO: --dullikir'PP"P' -- �*' T ty a " ,r..�. . R .., � ' ` ih .ti 1e•' ' • y* ,, , �, f • ., .tip.+ .;.^ I,401 +;.`1 ter., .. /7 - -.'l t'Y. . - y ! •{ R _ � rt tf_'7 ' L�' 'S'� ..tnt 1�.. , • J.r* - t ej . a *T• • • /y r a µA :.* } _ .. ' • 7- ''''''-' , ,_ --e..--;-;,-..".,'----—-_,,,4-r.-•,,a-..".: -..• • .t ' . ,_'"„.-.-!.,.,:,..' :4 ".t...4., -.304,14:_ • - .., .,. '4-- , it. it, 4' r,,-,- -__rv,:'':. ----,,,T:'''-*-::-±,:;',4"-:- , ..1*... •�^s•... L.. .. r f • r''77n173eR t' •5` iS'fr.�" C '-v':•' ' .r.• . 1► -�i 1."..t.,k 3,�'f�s. t04 ;.. M1 _ i Hunter's Mill Apartments, LLC Agenda Item 10 Page 13 Disclosure Statement - ...... .. �t��.�.: - �:�t:::��:t:.'{ii' ;tti»""_....... ....... .:�ar.w��`::.'.:.�"..:::..:M.::,:.::.w;c,��»t•ti..:; ..�«..-.,a.... -14 .:� •� • "TCi��ttt "�Gx'7;i,�.S:....' •... - ::Y.:,....w .�«....: .«'.' ..,:, .....:Z.=G.:�:G::.:: .,��:��..... 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L72rMi�C .i71:'-w.,'JIJx -.M•:tJf«t ._"' _... «i.«..» •.« .7''- The disdosures 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 Hunter's Mill Apartments,LLC Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. Lisa M.Murphy,Esq./Willcox&Savage,P.C. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?M Yes 0 No • If yes,list the names of ail officers,directors,members,trustees,etc.below, (Attach a list if necessary) See attached list. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a list if necessary) See attached list "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(l)one business entity has a controlling ownership irnerest 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. `1 I Hunter's Mill Apartments, LLC Agenda Item 10 Page 14 Disclosure Statement Lrn111 • • •• •�- S c _: -_ars «r-�_ t.0:.,� ;:1=- - :E �. �t{7 �..--ti_i. '• . i�i - :� _.�:. .143:iiii. �iF _ _•3:(i.� ti' iri.'0 =r-��. :-i'�t4-iri��F . r:i� � . ff� „6�"••:i. :5 1,i� tp .»-f:~.rei .i �c. i��t- ::s- .r43. . c- - _ �: .: fi4i .;• . .E_ ;•1,p_ A ..... Lair �t ii ` t i - .i. � . ..S'� .t 1.11� • �L� ,4 r Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have ar:interest in the subject:and or any proposed development contingent on the subject public action?0 Yes K 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? It Yes 0 No • If yes,identify the financial institutions. Berkadia Commercial Mortgage LLC 2. Does the applicant have a real estate broker/ages/realtor for current and anticipated future sales of the subject property? EYes ❑No • if yes,identify the real estate broker/realtor. Breeden Realty,LLC(Mark Pendleton)and S.L.Nusbaum Realty Co.(Cheyney Cole) 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?Si Yes 0 No • If yes,identify the firm or individual providing the service. Sherman,Spero&Sarafino/KPMG 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 0 No • If yes,identify the firm or individual providing the service. The Housing Studio,PA(Chad Askew/Amy Williams and Bogdan Kirichun) 5. Is there any other pending or proposed purchaser of the subject property?®Yes 0 No • If yes,Identify the purchaser and purchaser's service providers. The Applicant's Affiliate,Breeden Investment Properties,Inc.(service providers are same as Applicant) Hunter's Mill Apartments, LLC Agenda Item 10 Page 15 Disclosure Statement a::•--ti:1- . : 7(•. "' -..-1 -t:: 7-_ y4:^.J.:i.:V.'•tx•a is t" --�..�. ,1 r- -t"--t"--+t...'C:ir :-7.._ •{; (��!'C�C� .l�R{:Jr.. Fvn�nr+'�J:-y��' '•�:•-'1" 'la`113��t�jt.r.� �'.T Cip.'�" ��:• > �' •t ' ALL { __ .r�'1��5� :~—:;:� - �Ll::.ti:>1�' �:....� �. �7 �::xx �cn-: '%:a'�� rr• ...m,A �,�'�'r �.��r�j.• � �.'� �'....' --�•-c f r�� _ _ � ...��iNit..:s.;.� tr;B • f? 3r rNh 71 - ;1?i.:'•' �f —- ci "tom ems. .n � _ �Y. ^xis ..ri ..�.-+'^C' _ :... a _ ._ �.r- �. r.A >~' E. �'`. :i,'_.. ..t:- iE'i•..-..r. "r�r +'4- •Y"� �+ s �i. f �;"tn -'...�.`gJrn-..tea, - --mat-'acXBY_ !4a'`i' - -•_:. •.r-�;_;� � �..r 4', n ,7..._-?.. :' ', a*'`_ i•'•_.t'gr? ' 'al.:—.ns3 r� chi. :.r 1.1J Get " =.:;= Ty c3�.` r-1y i '° ',:P:,- ,V..33 EV,,,�m °i N- ` C�.f C �F + ! t s n.i • - �a.ys-.,:7- , ts'�..rya•-1, =Je °.'x � , • _ ... _ .. •7. ^....•?�•_4 c.}} 't.... :, 1... 47_ :L.r a, ay9 F-r' ,' ._`,:, •_. ._ .3 .a. y ... '= a.. 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?I Yes ❑No • If yes,identify the construction contractor. Breeden Construction,uC (Brian Revere/Kenneth Owen) 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?lit Yes ❑No • If yes,identify the engineer/surveyor/agent. AES Consulting Engineers(Larry Barry/Mark Ricketts/Jason Seas/Gavin Robey) 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 name of the attorney or firm providing legal services. Wilcox&Savage,P.C.(Thomas G.Johnson,Jr./Gregory D.Lydon/Use M.Murphy) Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accuo ate. 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 Hoard or any public body or committee in connection with this application. HUNTER'S ILL APARTMENTS,LLC By: Apa to ve en Inc., is Manager By- "mot- j,('' 41 i 1- Applicant Signature > 464,dAll,s,?- - ____ Print Name an ZVZo2Z- Date l Is the applicant also the owner of the subject property? El Yes 0 No . • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(?)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of °7* 7/19/2022 sIgn""" � � - Marchelle L. Coleman Wage Hunter's Mill Apartments, LLC Agenda Item 10 Page 16 Disclosure Statement Supplement to Disclosure Statement Hunter's Mill Apartments.LLC(Applicant) Applicant: Hunter's Mill Apartments,LLC Members: Apartment Investments Inc. • Raymon W.Breeden,Jr./Sole Shareholder • Officers: o Raymon W.Breeden,Jr.-President/Secretary/Treasurer o C.Torrey Breeden-Vice President o Terry Marshall-Vice President o Larry Dunn-Vice President RWB Holdines.LLC • Raymon W.Breeden,Jr.-Sole Manager&Member Manager: Apartment Investments.Inc.(See above for list of shareholders/officers) Affiliated Business Entities: Breeden Investment Properties,Inc. Breeden Company,Inc. Breeden Realty,LLC Breeden Construction,LLC Breeden Development Corp. (Additional Affiliated Business Entities Provided Upon Request) I-ts�iut<t I Hunter's Mill Apartments, LLC Agenda Item 10 Page 17 Disclosure Statement Disclosure Statement •■ p. Planning&Community Development Owner Disclosure Owner Name LADERBERG SQUARE,LLC Applicant Name Hunter's Mill Apartments,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?, Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a fist ifnecessary) A 1 //ri•.fr il/P / rbir�7' • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes XNo • 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. ci Hunter's Mill Apartments, LLC Agenda Item 10 Page 18 Disclosure Statement Disclosure Statement rs. 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 jkNo • If yes,identify the financial institutions. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? AYes 0 No • /if yes,identifyfy�the real estate broker/realtor. Nips' 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 ANo • if yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ..)XNo • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ji(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 XNo • if yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/a nt in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • tf yes,Identify the engineer/surveyor/agent. ci Hunter's Mill Apartments, LLC Agenda Item 10 Page 19 Disclosure Statement Disclosure Statement e. • � Planning&Community Development - 8. Is the Owner receiving legal services in co 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 name of the attorney or firm providing legal services. 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 innonnection with this application. f?:,/ Owner Signatur� // rry ter'/r6r zr 2e0 Z-, ' Y'� Print Name and Title ✓ c' — Dar. — Hunter's Mill Apartments, LLC Agenda Item 10 Page 20 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. Hunter's Mill Apartments, LLC Agenda Item 10 Page 21 1 HUNTER'S MILL APARTMENTS, LLC, a Virginia limited liability company LADERBERG SQUARE, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and among HUNTER'S MILL APARTMENTS, LLC, a Virginia limited liability company ("Hunter's Mill"), Grantor for indexing purposes, and LADERBERG SQUARE, LLC, a Virginia limited liability company ("Laderberg"), Grantor for indexing purposes (collectively, "GRANTOR"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE"). WITNESSETH: WHEREAS, Hunter's Mill is the owner of two (2)parcels of real property located in the City of Virginia Beach, Virginia, commonly referred to as 397 Brixton Drive, GPIN Nos: 1467- 48-8322-0000 ("Hunter's Mill Developed Parcel") & 1467-58-2138-0000 ("Hunter's Mill Vacant Parcel"), containing a total of 11.237 acres,which are more particularly described on Exhibit A(collectively, "Hunter's Mill Phase I Property"); WHEREAS, Laderberg is the owner of that certain undeveloped parcel of real property located in the City of Virginia Beach, Virginia, adjacent to the Hunter's Mill Phase I Property commonly referred to as GPIN No: 1467-48-7008-0000("Hunter's Mill Phase II Parcel"), containing 0.883 acres, as more particularly described on Exhibit B, attached hereto and incorporated herein by reference; WHEREAS, the Hunter's Mill Developed Parcel, which is approximately 10.633 acres, is zoned A-18 Apartment District and is currently improved with a one hundred eighty(180)unit multi-family apartment community known as "Hunter's Mill Apartments"; WHEREAS, the Hunter's Mill Vacant Parcel, which is approximately 0.604 acres, and the Hunter's Mill Phase II Parcel, which is approximately 0.88 acres, are currently undeveloped and are both zoned B-2 Community Business District; WHEREAS, Hunter's Mill will acquire the Hunter's Mill Phase II Parcel to develop as an expansion of Hunter's Mill Apartments; GPIN: 1467-48-8322-0000; 1467-58-2138-0000& 1467-48-7008-0000 Prepared by: Lisa M.Murphy,Esquire(VSB#39111) Willcox& Savage,P.C. 440 Monticello Avenue, Suite 2200 Norfolk,Virginia 23510 WHEREAS, Hunter's Mill has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia,by petition addressed to GRANTEE so as to change the Zoning Classification of the Hunter's Mill Vacant Parcel and the Hunter's Mill Phase II Parcel, from B-2 Community Business District to Conditional A-18 Apartment District, in order to construct thirty-six (36) dwelling units on the Hunter's Mill Phase II Parcel; WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of the City of Virginia Beach, Virginia("Zoning Map")with respect to the Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel, the following reasonable conditions related to the physical development, operation, and use of the Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel, which have a reasonable relation to the proposed rezoning and the need for which is generated by the proposed rezoning. NOW, THEREFORE,the GRANTOR, and its successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan,building permit, or subdivision approval,hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel and hereby covenants and agrees that these proffers shall constitute covenants running with the property, which shall be binding upon the Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel and upon all parties and persons claiming under or through the GRANTOR, and its successors, assigns, grantees and other successors in interest or title: 1. The Hunter's Mill Vacant Parcel and the Hunter's Mill Phase II Parcel shall be developed in substantial conformity with the conceptual site plan entitled "Hunter's Mill Expansion Preliminary Development Plan, Virginia Beach, Virginia", prepared by AES Consulting Engineers dated May 27, 2022 ("Conceptual Site Plan"), which 2 has been exhibited to the Virginia Beach City Council ("City Council")and is on file with the Virginia Beach Department of Planning ("Planning Department"). 2. The architectural design and building materials of the apartment buildings developed on the Hunter's Mill Phase II Parcel shall be substantially compatible with the architectural style and materials depicted on the building elevation plans entitled"397 Brixton Drive,Virginia Beach, VA",prepared by The Housing Studio, dated May 27, 2022 ("Elevations"), which have been exhibited to City Council and are on file with the Planning Department. 3. The Hunter's Mill Phase II Parcel and the Hunter's Mill Vacant Parcel will be landscaped in substantial conformity with the landscape plan entitled"Hunter's Mill Expansion Preliminary Landscape Plan, Virginia Beach, Virginia",prepared by AES Consulting Engineers, dated May 27, 2022 ("Landscape Plan"), which has been exhibited to City Council and is on file with the Planning Department. 4. The Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel shall become one common zoning lot zoned Conditional A-18 Apartment District("Zoning Lot"), as depicted on the plat entitled"Zoning Plat, Hunter's Mill Apartments, Virginia Beach, Virginia",prepared by AES Consulting Engineers dated May 27, 2022 ("Zoning Plat"), which has been exhibited to City Council and is on file with the Planning Department. 5. Prior to the issuance of final site plan approval for the development of the Hunter's Mill Vacant Parcel and the Hunter's Mill Phase II Parcel, Hunter's Mill will re- subdivide the Hunter's Mill Phase I Property to remove the existing internal lot line between the Hunter's Mill Developed Parcel and the Hunter's Mill Vacant Parcel. 6. Prior to or contemporaneously with the issuance of a building permit for the construction of improvements on the Hunter's Mill Phase II Parcel, Hunter's Mill will acquire the Hunter's Mill Phase II Parcel, which is the parcel labeled"Parcel C" on the Zoning Plat. Thereafter, the Hunter's Mill Phase II Parcel will remain under common ownership, as defined in the Zoning Ordinance of the City of Virginia Beach ("Zoning Ordinance"),with the Hunter's Mill Phase I Property, which property consists of the parcels labeled"Parcel A" and"Parcel B" on the Zoning Plat. The Zoning Lot will be developed and operated as one multi-family apartment community,unless or until such time as the entire Zoning Lot is redeveloped and/or rezoned. 7. There shall be no more than thirty-six(36)multi-family dwelling units built on the Hunter's Mill Phase II Parcel for a total combined density on the Zoning Lot of two hundred sixteen (216)multi-family dwelling units. 8. Prior to building permit approval, Hunter's Mill will record a Declaration of Easements, Covenants and Restrictions ("Declaration") creating reciprocal rights of 3 ingress, egress, access and to utilities, including without limitation stormwater management utility facilities, over,under, across and through the Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel for the benefit of all tenants, licensees and invitees of the same. The Declaration will also grant the owner, tenants and invitees of the Hunter's Mill Phase II Parcel rights to use the clubhouse, swimming pool,parking spaces, drive aisles and other common areas and amenities located on the Hunter's Mill Phase I Property. 9. In lieu of the ten(10) foot side and rear yard setbacks otherwise required by the Zoning Ordinance in the A-18 Apartment District, the building labeled, "Building 2", on the Conceptual Site Plan,will be set back no less than five(5) feet from the rear property line adjacent to the Hunter's Mill Phase I Property, and no less than two (2) feet from eastern property line adjacent to the Hunter's Mill Phase I Property, or such other distances as are deemed acceptable by the Planning Director during the site plan review process. Off-street parking and open space requirements shall be calculated utilizing the entire Zoning Lot. 10. Hunter's Mill will obtain a phase I environmental site assessment and will provide a copy to the Planning Department prior to site plan submittal. If the phase I environmental site assessment requires Hunter's Mill to obtain a phase II environmental site assessment, Hunter's Mill will obtain a phase II environmental site assessment prepared in accordance with ASTM E 1903 and will provide a copy to the Planning Department prior to site plan approval. If the phase II environmental site assessment recommends remediation, such remediation shall be complete prior to the release of any building permits. 11. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. All references herein to the A-18 Apartment District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however,may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia("Clerk's Office") and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the GRANTEE 4 in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and(b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 5 WITNESS the following signature and seal. GRANTOR: HUNTER'S MILL APARTMENTS, LLC a Virginia limited liability company By: APARTMENT INVESTMENTS, INC., a Virginia c oration, Its Manager By: 1 _ `i- r [SEAL] Name: Terry M. Ma hall Title: Vice President COMMONWEALTH OF VIRGINIA CITY OF/,— f, o-.r h, to wit: The foregoing instrument was acknowledged before me this day of May 2022, by Terry M. Marshall, as Vice President of APARTMENT INVESTMENTS, INC., a Virginia corporation, Manager of HUNTER'S MILL APARTMENTS, LLC, a Virginia limited liability company, on behalf of said company. [SEAL] Notary Public , Registration No: Z i/ 9 S My Commission Expires: '//t /of r ,.. ` DOROTHY NOBLES Notary Public t VA Commonwealth of Virginia My Commission Expires April 30,2026 Commission ID#211688 [Hunter's Mill Apartments, LLCJ Signature Page WITNESS the following signature and seal. +✓ v GRANTOR: LADERBERG SQUARE, LLC, a Virginia limited liabi 't_y company By: [SEAL] Name: arry aderber Title: Member Manager COMMONWEALTH OF VIRGINIA CITY OF Vi,fr,;,,, , , to wit: The foregoing instrument was acknowledged before me this �- day of May 2022, by Harry Laderberg, as Member Manager of LADERBERG SQUARE, LLC, a Virginia limited liability company, on behalf of said company. 1[SEAL] Notary Public Registration No: 1 i 000G 3 KATHERINE SCARLETT ELLIOTT My Commission Expires: NOTARY PUBLIC COMMONWEALTH OF VIRGINIA • 31. 2O ZZ MY COMMISSION EXPIRES JULY 31,2022 COMMISSION#7600053 Exhibit A to Proffered Covenants, Restrictions and Conditions Legal Description of the Hunter's Mill Phase I Property Hunter's Mill Developed Parcel: ALL THAT certain lot,piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Parcel "B", containing 468,645 Sq. Ft. or 10.76 Acres, as shown on that certain plat entitled "Plat of Parcels A and B, Being a Subdivision of the Property of Arena Furniture Corporation and Doreen A. Fielding", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2389,page 251. SAVE AND EXCEPT that portion of the property conveyed to the City of Virginia Beach for roadway purposes in Deed Book 2412, page 1798. SAVE AND EXCEPT that portion of the property conveyed to the Commonwealth of Virginia, being .039 acre+/- for Route 58. recorded in Deed Book 2887,page 1652. And said property "as surveyed" being more particularly described as follows: Beginning at a pin, said point being located on the northern right-of-way line of Virginia Beach Boulevard, and on the division line adjoining property now or formerly Laderburg Square, LLC, and being approximately 529.87 feet east of Davis Street; thence running along said northern right-of-way line of Virginia Beach Boulevard toward Davis Street N 59°00'36"W, 124.96 feet to a pin; thence turning and leaving said right-of-way line and running N 27°18'54" E, 1185.39 feet to a pin; hence turning and running S 58°47'31" E, 174.59 feet to a pin; thence turning and running S 58°53'13" E, 175.82 feet to a pin; thence turning and running S 27°19' 40" W, 685.65 feet to a pin; thence turning and running S 59°16'55" E, 349.41 feet to a pin; thence turning and running S 27°10'30" W, 483.71 feet to a pin, said point being on the northern right-of-way line of Virginia Beach Boulevard; thence turning and running along said right-of-way line N 62°04'18" W, 50.00 feet to a pin; thence turning and leaving said right-of-way line and running N 27°10'30" E, 186.91 feet to a pin; thence turning and running N 59°00'00" W, 424.33 feet to a pin; thence turning and running N 26°43'46" E, 178.62 feet to a pin; thence turning and running N 59°00'00" W, 100.00 feet to a pin; thence turning and running S 27°11'48" W, 379.55 feet to a pin, said point being the point of beginning. Said property containing 10.663 acres, more or less. A-1 Hunter's Mill Vacant Parcel: ALL THAT certain piece or parcel of land, with the appurtenances thereto pertaining, situated in the City of Virginia Beach, Virginia, as shown on a certain plat entitled "Survey of James A. Winslow, Princess Anne County, Scale: 1 inch = 100 feet, dated February 1947 by W.B. Gallup, County Surveyor", which property is more particularly described as follows: BEGINNING at a pin which is located on the West side of a 20 foot road, as shown on said plat, the said pin being located North 27 degrees 10' East, 540 feet,more or less, from the North boundary of Virginia Beach Boulevard; thence from said point of beginning, North 59 degrees West 258 feet, more or less, to a point on the South side of a canal ditch; thence North 81 degrees 12' East along the South side of the said canal ditch, 317.9 feet, more or less, to a point on the 20 foot road; thence South 27 degrees 10' West along the said 20 foot road 204 feet, more or less, to the point of beginning, containing 0.6 acres, more or less. It is understood and agreed between the parties that no part of the said canal ditch is included in this conveyance. IT BEING a portion of the same property conveyed to 195 Associates, a Virginia general partnership by deed from Doreen A. Fielding, unmarried, dated February 1, 1985 and recorded February 1, 1985 in Deed Book 2389 at page 793. IT BEING a portion of the same property conveyed to 195 Associates, a Virginia general partnership by deed from Arena Associates, a Virginia limited partnership, dated February 1, 1985 and recorded February 1, 1985 in Deed Book 2389 at page 803. IT BEING a portion of the same property conveyed to 195 Associates, a Virginia general partnership by deed from Arena Associates, a Virginia limited partnership, dated June 23, 1986 and recorded June 25, 1986 in Deed Book 2515 at page 213. 195 Associates, L.L.P. converted into Hunter's Mill Apartments, LLC as evidenced by Officer's Certificate recorded November 1, 2010 as Instrument No. 01011010011603 80. A-2 Exhibit B to Proffered Covenants, Restrictions and Conditions Legal Description of the Hunter's Mill Phase II Parcel ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto, being situate in the City of Virginia Beach, Virginia and designated as Part of Lot Seven (7) on the plat of the Brown Estate, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1 at Page 5-B, and further being shown as "Henry Uzzle, 1 Acre" on a survey recorded in the aforesaid Clerk's Office in Map Book 4 at Page 199 and being further bounded and described as follows, to-wit: Bounded on the South by Virginia Beach Boulevard; on the West and North by land formerly owned by Thomas Clark; on the North and East by the land formerly owned by Edward Johnson, fronting 100 feet, more or less, on the northside of Virginia Beach Boulevard and extending back between parallel lines (a course of N 27° 10' E sometimes referred to in error as N 27° 14' E in prior deeds, a distance of 435.6 feet; the course of the Boulevard being S 59° E). LESS, SAVE and EXCEPT to that portion of the property by deed from the Commonwealth of Virginia to Howard Laderberg High Point Factory Outlet Furniture Company, Incorporated, a Virginia Corporation, dated December 7, 1988 and recorded in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, as Deed Book 2791, page 1078. IT BEING the same property conveyed to Laderberg Square, LLC, a Virginia limited liability company,by deed from William Laderberg, Harry Laderberg, Romney Kenneth Laderberg, and Linda L. Baltuch, dated 10/25/2007, and recorded in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, as Document Number 20071105001488940. B-1 Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 10 Hunter's Mill Apartments, LLC [Applicant] Hunter's Mill Apartments, LLC & Laderberg Square, LLC [Property Owners] Conditional Rezoning (A-18 Apartment District & B-2 Community Business District to Conditional A-18 Apartment District) Addresses: 397 Brixton Drive, parcel west of 5444 Virginia Beach Boulevard & triangular parcel between 397 Brixton Drive & 500 Aylesbury Drive RECOMMENDED FOR APPROVAL —CONSENT Mr. Alcaraz: Thank you. Next item is item#10 for Hunter's Mill Apartments, LLC, Conditional Rezoning, 397 Brixton Drive, parcel west of 5444 Virginia Beach Boulevard, please come forward. Ms. Murphy: Good afternoon, Vice Chair, Chairman, members of the Planning Commission. For the record my name is Lisa Murphy, local land use attorney and I'm here today on behalf of the applicant and the owner. We appreciate, although it may not appear it from the staff report and from what you have in front of you, Staff has spent a tremendous amount of time working with us on this. It seems like a relatively straightforward expansion, but believe me, there's a whole lot behind the scenes that went into it. So, we appreciate being placed on the consent agenda, and I'm happy to answer any questions. Mr. Alcaraz: All right, is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Mr. Coston to please speak on this matter. Mr. Coston: The applicant is requesting to rezone three parcels totaling 12.12 acres from A-18 Apartment District and B-2 Community Business District to Conditional A-18 Apartment District, to construct two additional multifamily buildings within an existing family, multifamily residential community, resulting in an overall density of 17.82 units per acre. The Hunter's Mill Apartment community constructed in 1986 is located on parcel A, and it's roughly 10.76 acres and parcel B is 0.6 acres is currently developed with 15 multifamily buildings totaling 180 dwelling units. The applicant intends to purchase parcel C to expand the existing residential apartment community. Parcel C, approximately 0.9 acres will be constructed with two buildings comprised of 18 dwellings units each, increasing the number of dwelling units for the community from 180 to 216. Interior lot lines will be vacated from parcel B, and will be incorporated to the site plan to remain as open space. Staff has recommended approval of this item and Planning Commission concurs, therefore, we're placing it on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think, there are a couple. So, do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On#17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items#18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, and 16 have been recommended for approval by consent. Agenda Item#17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner ABSENT PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Hunter's Mill Vacant Parcel and the Hunter's Mill Phase II Parcel shall be developed in substantial conformity with the conceptual site plan entitled "Hunter's Mill Expansion Preliminary Development Plan, Virginia Beach, Virginia", prepared by AES Consulting Engineers dated May 27, 2022 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). Proffer 2: The architectural design and building materials of the apartment buildings developed on the Hunter's Mill Phase II Parcel shall be substantially compatible with the architectural style and materials depicted on the building elevation plans entitled "397 Brixton Drive, Virginia Beach, VA", prepared by The Housing Studio, dated May 27, 2022 ("Elevations"), which have been exhibited to City Council and are on file with the Planning Department. Proffer 3: The Hunter's Mill Phase II Parcel and the Hunter's Mill Vacant Parcel will be landscaped in substantial conformity with the landscape plan entitled "Hunter's Mill Expansion Preliminary Landscape Plan, Virginia Beach, Virginia", prepared by AES Consulting Engineers, dated May 27, 2022 ("Landscape Plan"), which has been exhibited to City Council and is on file with the Planning Department. Proffer 4: The Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel shall become one common zoning lot zoned Conditional A-18 Apartment District ("Zoning Lot"), as depicted on the plat entitled "Zoning Plat, Hunter's Mill Apartments, Virginia Beach, Virginia", prepared by AES Consulting Engineers dated May 27, 2022 ("Zoning Plat"), which has been exhibited to City Council and is on file with the Planning Department. Proffer 5: Prior to the issuance of final site plan approval for the development of the Hunter's Mill Vacant Parcel and the Hunter's Mill Phase II Parcel, Hunter's Mill will re-subdivide the Hunter's Mill Phase I Property to remove the existing internal lot line between the Hunter's Mill Developed Parcel and the Hunter's Mill Vacant Parcel. Proffer 6: Prior to the issuance of a building permit for the construction of improvements on the Hunter's Mill Phase II Parcel, Hunter's Mill will acquire the Hunter's Mill Phase II Parcel, which is the parcel labeled "Parcel C" on the Zoning Plat. Thereafter, the Hunter's Mill Phase II Parcel will remain under common ownership, as defined in the Zoning Ordinance of the City of Virginia Beach ("Zoning Ordinance"), with the Hunter's Mill Phase I Property, which property consists of the parcels labeled "Parcel A" and "Parcel B" on the Zoning Plat. The Zoning Lot will be developed and operated as one multi-family apartment community, unless or until such time as the entire Zoning Lot is redeveloped and/or rezoned. Proffer 7: There shall be no more than thirty-six (36) multi-family dwelling units built on the Hunter's Mill Phase II Parcel for a total combined density on the Zoning Lot of two hundred sixteen (216) multi-family dwelling units. Proffer 8: Prior to building permit approval, Hunter's Mill will record a Declaration of Easements, Covenants and Restrictions ("Declaration") creating reciprocal rights of ingress, egress, access and to utilities, including without limitation stormwater management utility facilities, over, under, across and through the Hunter's Mill Phase I Property and the Hunter's Mill Phase II Parcel for the benefit of all tenants, licensees and invitees of the same. The Declaration will also grant the owner, tenants and invitees of the Hunter's Mill Phase II Parcel rights to use the clubhouse, swimming pool, parking spaces, drive aisles and other common areas and amenities located on the Hunter's Mill Phase I Property. Proffer 9: In lieu of the ten (10) foot side and rear yard setbacks otherwise required by the Zoning Ordinance in the A-18 Apartment District, the building labeled, "Building 2", on the Conceptual Site Plan, will be set back no less than five (5) feet from the rear property line adjacent to the Hunter's Mill Phase I Property, and no less than two (2) feet from eastern property line adjacent to the Hunter's Mill Phase I Property, or such other distances as are deemed acceptable by the Planning Director during the site plan review process. Off-street parking and open space requirements shall be calculated utilizing the entire Zoning Lot. Proffer 10: Hunter's Mill will obtain a phase I environmental site assessment and will provide a copy to the Planning Department prior to site plan submittal. If the phase I environmental site assessment requires Hunter's Mill to obtain a phase II environmental site assessment, Hunter's Mill will obtain a phase II environmental site assessment prepared in accordance with ASTM E1903 and will provide a copy to the Planning Department prior to site plan approval. If the phase II environmental site assessment recommends remediation, such remediation shall be complete prior to the release of any building permits. Proffer 11: The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. e )\ \\> °\ ,\-- r\ n L _ tt `-'- at \o, RIO v 0. Crill 0 MVO <I)\\ C:\ R1 0,._ L- C2' II N(1' /11* \\ ic # to ,n410\ W zz 0 c 4"\\D--) , \ \ ,,, ,:() , * 4. P1 7--- /Z \;\ N r A Site w Abi 1, \ jI Property Polygons Katherine Ann Olivas 2717 Inglewood Lane s Zoning Building ciiiiimm=sommoFeet 0 2040 80 120 160 200 240 (; 3 [ rOZ I 4 4 1 + CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: KATHERINE ANN OLIVAS [Applicant] KATHERINE OLIVAS & JESSICA MCGOWAN [Property Owners] Conditional Use Permit (Family Day-Care Home) for the property located at 2717 Inglewood Lane (GPIN 1474278257). COUNCIL DISTRICT 2, formerly Centerville MEETING DATE: August 9, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home within her single-family dwelling in the Glenwood Neighborhood. The 8,050 square foot parcel is zoned R-10 Residential District. A Family Day-Care Home with four or less children is permitted by-right in residential districts. When the number of children cared for increases to five or more, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. • Considerations: The applicant intends to care for up to 12 children. The ultimate number will be determined by the Department of Social Services based on their permitting criteria. In-home day care is a valuable service to the community and is consistent with the Comprehensive Plan's vision of creating and maintaining "great neighborhoods" which are sustainable, stable, and supported by complementary non-residential uses. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On July 13, 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. The Family Day-Care Home shall only operate as an accessory use to the single-family residence. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. Katherine Ann Olivas Page 2 of 2 3. The Family Day-Care Home shall have no more than one (1) additional employee/volunteer, who does not reside in the home, or on the premises at any time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The arrival and departure times shall be staggered to avoid vehicular congestion. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. 7. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front façade of the house. 8. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 9. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. ■ 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 X0 City Manager: Applicant Katherine Ann Olivas Agenda Item Property Owners Katherine A. Olivas & Jessica McGowen Planning Commission Public Hearing July 13, 2022 14 cityr4- City Council District District 2,formerly Centerville Virginia Beach Request Conditional Use Permit (Family Day-Care Home) 1_—d w°" cep' oa Staff Recommendation end`^` ,00-1 A*^ 9ekpnn9 DO _....rcs... Approval 9 i \ : 0 Staff Planner ; A t if ( Michaela McKinney . }° Location C-\ we 2717 Inglewood Lane GPIN y 0.4 1474278257 364. ,�° Site Size \ 8,050 square feetSe AICUZ Less than 65 dB DNL - <-7;itttz,,, Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential ,(411 .._ _ , .... j -- Surrounding Land Uses and Zoning Districts „f- mitm TLY's _ North `,r _r .. Single-family dwelling/ R-10 Residential .` 2 `"' ,—:r� 1e- South '. Single-family dwelling/ R-10 Residential ll East __ �' ,��,� °� ° ' ' rr. ' - Single-family dwellings/ R-10 Residential � :- 1 w o 4 10 '4 West $_' _ M Inglewood Lane \; 9 - ` ,,:sfcA , 1 •o"4 i.. Single-family dwellings/ R-10 Residential t.o 40, .� 6 s . - ' -- -,'441 . ''--41 :1- . ‘.' .- 4 4.4*: ' Katherine Ann Olivas Agenda Item 14 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home for up to 12 children within her single-family dwelling in the Glenwood neighborhood.The 8,050 square foot parcel is zoned R-10 Residential District. • The applicant has over 13 years of experience caring for children and now she wishes to increase the number above four to 12 which requires a Conditional Use Permit. • The designated outdoor play area is located in the backyard and is enclosed with a six-foot tall solid privacy fence. • The proposed hours of operation are 7:00 a.m. to 5:30 p.m., Monday through Friday. o 1 ► � J � 1 0 Zoning History _--1 y'yj, R # Request �° \ 1 LUP(Glenwood)Approved 07/08/1984 4 ,c1), V . R1 f tP °d " \0f 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 Conditional Use Permit for a Family-Day Care Home, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. Staff finds the property to be organized and well kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. A Family Day-Care Home with four or less children is permitted by-right in residential districts. When the number of children cared for increases to five or more, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. As mentioned previously,the applicant intends to care for up to 12 children. The ultimate number will be determined by the Commonwealth of Virginia during the childcare licensing process, due to ages of the children,whether an assistant is employed, and other policies established by the Department of Social Services; however, it is recommended that the number of children not exceed 12. Staff recommends conditions that pick-up and drop-off times be staggered and a limitation to only one Home Occupation operating on the property at one time to alleviate the potential for congestion in the right-of-way. Katherine Ann Olivas Agenda Item 14 Page 2 In Staff's view, Family Day-Care Homes provide a needed and valuable service. In this instance,the proposal is not expected to be detrimental to any adjacent land uses. Based on these considerations, Staff recommends approval of this request with the conditions listed below. Recommended Conditions i` 1. The Family Day-Care Home shall only operate as an accessory use to the single-family residence. 2. The Family Day-Care Home shall be limited to a total of twelve (12)children, other than children living in the home. 3. The Family Day-Care Home shall have no more than one (1) additional employee/volunteer, who does not reside in the home, or on the premises at any time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1)square foot in area and mounted flat against the residence. 5. The arrival and departure times shall be staggered to avoid vehicular congestion. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. 7. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front facade of the house. 8. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 9. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 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 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. Katherine Ann Olivas Agenda Item 14 Page 3 Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Inglewood Lane No Data Available) Existing Land Use 2-10 ADT 1 Average Daily Trips 2 as defined by a one single- 3 as defined as one single-family Proposed Land Use 3—58 ADT family dwelling dwelling with 12 children Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Inglewood Lane in the vicinity of this application is considered a two-lane undivided local street. It is not included in the MTP. No roadway CIP projects are slated for this area. Public Utility Impacts Water & Sewer This site currently connects to 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 June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022 and July 3, 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 June 27, 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 July 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022 Katherine Ann Olivas Agenda Item 14 Page 4 • 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 August 5, 2022. Katherine Ann Olivas Agenda Item 14 Page 5 Site Layout 6ft tall privacy fence \ .... 1 OOP % 1 1 1 °n9 „.,,,_ % \ I 2, 00 sa It '� .\...„.......t44,_ % 1 -- as 4 J�4 -. tn9 231) Katherine Ann Olivas Agenda Item 14 Page 6 Site Photos -_}'? -�- 3= _- _— a — ,, i si-410 , ! --- . keMt ri,z, ...",-,,,,--: ,..... ,3, , . . _..s: °.. ; : rr:---1-rl---:------------"-------:..__::__::__r_____,-----------r----------_____-------- '.------ ,,,,Zr t:..,: . 17:---.111-171:27:7;—------a--—11__--—-----.___- towit , 7 f • 3 l • Katherine Ann Olivas Agenda Item 14 Page 7 Disclosure Statement Disclosure Statement City<yVtrytnatileudz ,.� Planning&Community .,4 - : 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 Katherine Ann Olives Applicant Name Does the applicant have a representative? ❑Yes No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes N No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a 1st'`recessary) • 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 11.09.2020 1 Katherine Ann Olivas Agenda Item 14 Page 8 Disclosure Statement Disclosure Statement City 4v pa.o Bach ..��._ Planning&Commu ' Development Known Interest by Public Official or Employee Dees an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development cont ngent 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 applicart have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing n connection witn the subject of the application or any business operating or to be operated on the property' O Yes L No • If yes,identify the f nancial inst tutlons provid ng the service. 2. Does the applicant have a real estate broker/agent/ntaltor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. 5. is there any other pending or proposed purchaser of the subject property?❑Yes IN No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 Katherine Ann Olivas Agenda Item 14 Page 9 Disclosure Statement • Disclosure Statement Cvy of Vigi is Sew* Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating c, to be operated on the property?E 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 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 I 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. K te Air oam Applicant Signature Katherine Ann Olives Owner Print Name and Title 04/2522 Date Is the applicant also the owner of the subject property? III Yes 0 No • if yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date 07/21/2022 Signature 77/e..A.a-dia. T. 7�i e. — 1 - i e"ntNiTe I Michaela D. McKinney Katherine Ann Olivas Agenda Item 14 Page 10 Disclosure Statement r Disclosure StatementlAi Ceti of Vivesia Mak* Planning&Commu 'rs = Development Owner Disclosure Katherine Ann Olivas&Jessica McGowan Owner Name Katherine Ann Olivas Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes MI No • yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action❑Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest', "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 g 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 basin 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 11.09.202c 5 Katherine Ann Olivas Agenda Item 14 Page 11 Disclosure Statement Disclosure Statement 'NB (Yy 41-aqinia Mirk • 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. Roundpoint Mortgage Company 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes II 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 it connection with the subject of the application or any business operating or to be operated on the property?❑Yes 11 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 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 MI 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 I 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 R No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 1 P a g e Katherine Ann Olivas Agenda Item 14 Page 12 Disclosure Statement Disclosure Statement Cry V 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 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. eaMezi to Out Ofilvae Owner Signature Katherine Ann Olivas Owner Print Name and Title 04/25/2022 Date Revised 11 09.2020 7 J Page Katherine Ann Olivas 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. Katherine Ann Olivas Agenda Item 14 Page 14 Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 14 Katherine Ann Olivas [Applicant] Katherine Olivas & Jessica McGowan [Property Owners] Conditional Use Permit [Family Day-Care Home] Address: 2717 Inglewood Lane RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: Thank you. The next agenda item is#14 for Katherine Ann Olivas for a Conditional Use Permit for a Family Daycare at 2717 Inglewood Lane, please come forward. Madam Clerk: Mr. Vice Chair this applicant is WebEx. Katherine Ann Olivas, please pause for two to three seconds while we unmute your audio feed and then state your name and if the conditions of your application are acceptable. Ms. Olivas: Yes, they are acceptable. My name is Katherine Olivas. Mr. Alcaraz: Thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Commissioner Ms. Oliver to read this for the record. Ms. Oliver: Thank you. This applicant is requesting a Conditional Use Permit to operate a Family Daycare home for up to 12 children within her single family dwelling in the Glenwood neighborhood. The applicant has 13 years of experience caring for children and now she wishes to increase the number above from 4 to 12, which requires a Conditional Use Permit. The designated outdoor play area is located in the backyard and is enclosed with a six foot tall solid privacy fence and their proposed hours of operation are from 7 a.m. to 5:30 p.m. Monday through Friday. Staff recommended a condition that pickup and drop off times be staggered and limitation to only one home, to alleviate a potential for congestion of the right away. In staffs view the family daycare home provides a needed and valuable service and in this instance the proposal is not expected to be detrimental to any adjacent land uses, and based on these considerations staff recommended approval. The applicant is agreeable to the conditions imposed and therefore the Planning Commission has put it on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think, there are a couple. So do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On #17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items#18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, and 16 have been recommended for approval by consent. Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner ABSENT CONDITIONS 1. The Family Day-Care Home shall only operate as an accessory use to the single-family residence. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The Family Day-Care Home shall have no more than one (1) additional employee/volunteer, who does not reside in the home, or on the premises at any time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The arrival and departure times shall be staggered to avoid vehicular congestion. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. 7. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front façade of the house. 8. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 9. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 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. LPL' � I Y♦• _)\ Ni -,4& ,,, 'CU an uaA - u_ -�!� an uand aij --- - 3 N 1 1F-1 o ('V \'(Lui p 1 . 9 — — J. 1 � ,0�' cV mi 1 CD \ o o C.* _0 \ O (.1 re or \ TS); so1 l I ( • i N rl en uand waled ___ Q v au 1 ^ C, — -- j \ ti > o 1 ,__ Q f00 E E l 0 1411(C) o = _- 0 p Q_,._____ ri) ?% \ o C9 1 LJ1t1I ' fl tto d � � , \ i I i 9#‘ anuand uan 3 1\ / 1 l E L1 11-hi . c r 0 FI 0 r ir. so 0 al II _ l — - a = F• - (A Q. N m r CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: GLORIOUS GROOMING, LLC [Applicant] JODHA H. GOODMAN ESTATE [Property Owner] Conditional Use Permit (Home Occupation) for the property located at 140 South Gum Avenue (GPIN 1477832207). COUNCIL DISTRICT 4, formerly Lynnhaven MEETING DATE: August 9, 2022 • Background: The applicant proposes to retrofit a portion of the existing single-family dwelling in the Glenwood neighborhood to operate a home based pet grooming business. The applicant will be the sole operator and intent to groom a maximum of 3 pets per day by appointment only. • Considerations: It is anticipated that there will be scheduled pick up and drop off times for customers and their pets. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 300 square feet, thus the 170 square foot area will be below the maximum allowed. No exterior changes or new signage are proposed. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On July 13, 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. There shall be no sign identifying the businesses on the exterior of any building on the property or within the yard of the property. 2. In accordance with Section 234 (d) of the City Zoning Ordinance, the use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Glorious Grooming, LLC Page 2 of 2 Home Occupation shall only be conducted inside of the of 170 square foot room on the property. 4. Hours of operation shall be limited to 9:00 a.m. to 5:00 p.m., Monday through Friday. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: rtP Applicant Glorious Grooming, LLC Property Owner Jodha M. Goodman Estate Agenda Item Eill Planning Commission Public Hearing July 13 2022 C'irt,r,i City Council District District 4, formerly Lynnhaven, 13 Virginia Beach Request Conditional Use Permit (Home Occupation- Retail Sales) 1 1 • , Virgin,a8eadi Boulevard .. Staff Recommendation oi �. a Approval 1 I : s I a Staff Planner - I € l i 7 ! Michaela McKinney 'I _a r LL ; i 14 1 Lib r-a I > w Location j - ___p itial140SGumAve iv II a GPIN I.a i 1477832207 Inverness Road s. � Site Size 17,043 square feet -� " e OSd 11..........z s DriveAICUZ sorw�se,d�,.d.��4 Lessthan65dBDNL Watershed ` Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-5D Residential - . _., is ; .an 9,ve .... ,,. Surrounding Land Uses and Zoning Districts * �'�' f4--‘--:- - , - North It ire. Single-family dwelling/ R-5D Residential ills South _ _ - ' Single-family dwelling/ R-5D Residential _ East '' Single-family dwelling/ R-5D Residential �, West - _.: : F N South Gum Avenue - s Single-family dwellings/R-5D Residential _ a tF� Glorious Grooming, LLC Agenda Item 13 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home Occupation to operate a pet grooming business within the single-family dwelling in the Glenwood neighborhood.The 17,043 square foot parcel is zoned R-5D Residential District. • It is the applicant's desire to groom pets in a 170 square foot room within the single-family dwelling. The room will include a pet wash area. • It is anticipated that there will be a maximum of three customers per day. Pets will be groomed by appointment only. Pets will be dropped off at the residence before the appointment and promptly picked up at the conclusion of the service. • No exterior changes are proposed to the home, as well as no signage. • The applicant will be the sole operator of the grooming business. No other employees are proposed. • The typical hours of operation are proposed as 9:00 a.m. to 5:00 p.m., Monday through Friday. i=r011 LJ 1 Tillman Drive 1; I i 11 I o { 1 Zoning History 7' I I I # Request L— I 1 CRZ(Conditional 0-1 to Conditional A-24)Approved 08/09/2012 2 CRZ(R-7.5 to Conditional 0-1)Approved 07/13/2010 I I �pY� 2 J02H cø / e°c 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 applicant's request for a Conditional Use Permit for a Home Occupation for a pet grooming business within her single-family dwelling is acceptable. This proposed use is an appropriate non-residential use within the Suburban Area of the city. The proposed use is not anticipated to disrupt surrounding neighbors or existing structures. All grooming activities will occur indoors and by appointment only. Based in this,the operation will be unnoticeable by pedestrians and immediate neighbors. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 300 square feet,thus the 170 square foot room proposed for the use will be below the maximum allowed. Glorious Grooming, LLC Agenda Item 13 Page 2 In Staff's opinion,this proposal will not negatively alter the character of the neighborhood and will not adversely affect the surrounding properties. Based on the considerations above, Staff finds the proposal meets the requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance. Recommended Conditions 1. There shall be no sign identifying the businesses on the exterior of any building on the property or within the yard of the property. 2. In accordance with Section 234 (d) of the City Zoning Ordinance,the use shall not create noise, dust,vibration, smell,glare,electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside of the of 170 square foot room on the property. 4. Hours of operation shall be limited to 9:00 a.m. to 5:00 p.m., Monday through Friday. 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 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. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed.There are no known natural or cultural resources on this site. Glorious Grooming, LLC Agenda Item 13 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic South Gum Avenue No Data Available) Existing Land Use 2-10 ADT 1 Average Daily Trips 2 as defined by a single family 3 as defined by a house with 3 Proposed Land Use 3-22 ADT house clients per day Master Transportation Plan (MTP) and Capital Improvement Program (CIP) S. Gum Avenue in the vicinity of this application is considered a two-lane undivided local street. It is not included in the MTP. No roadway CIP projects are slated for this area. Public Utility Impacts Water& Sewer This site is currently connected to 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 June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022 and July 3, 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 June 27, 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 July 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 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 August 5, 2022. Glorious Grooming, LLC Agenda Item 13 Page 4 Site Layout 4fttall Privacy Fence S ' t 1 1 Existing Dwelling 1 ,500sgft i i J S GUM AVE Glorious Grooming, LLC Agenda Item 13 Page 5 Site Photos wales' _ # u.�e ., .'Ne 44.i. ;''''''''';'''''':- ."1:, M x -4' ,r r ' 1:4 pyr - a -'' ,•ti,= 1 .F.• Vr r s F _ -a • _-' Selo -'/ 4 - . 1 v'' 1. 1�' T -'.►„r., -/ •,, • i-• c- +. .� . ;.. - ,te, ..,-,..........,. 4,„„ttip, - .,,,...„ . i;.,... . ..., ...., . , 4.... , . .—,..,.,,,..„. . ...- .. ,-1,,,- .._ ,,... _ . .,...A.,,,,.„.,,4,, , ,A,...:e , :iv;. •-. 4 V �l� - ii g� �, < Pj •1`.•£-- ,.- o'' .. ' ;:S•., 'L„�. ::'.'�"" .,...,.... •,..• tri' ' L -6t .t 'fic . , .-;- ", .• ,_...rit .., -;AA(' •.--,. je44 , ' *1r .'*. .•_.I 4 ' .-''' '' -,.. 0.- Ili,.A s• • r► •• ' Tr • r • y41. r • • Glorious Grooming, LLC Agenda Item 13 Page 6 Disclosure Statement Disclosure Statement Zyqf 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 —1�(�C�c'��;., -l( cr\vr Does the applicant have a representative? 0 Yes I No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Ef,tl LV • If yes,list the businesses that have a parent-subsidiary=or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I p a g e Glorious Grooming, LLC Agenda Item 13 Page 7 Disclosure Statement Disclosure Statement \L3 City of Vayinio 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?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-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 Eg1No • 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? CI Yes 52No • 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?m Yes ❑ No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes C&No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a @,c Glorious Grooming, LLC Agenda Item 13 Page 8 Disclosure Statement Disclosure Statement 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 EX 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 IN 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 l 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. - a2k � Applicant Signatur — — Et 1- \L L11cx. �-ClIct.tf;, LL Print Name and Title 41 al 193Dr4. , _ 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 ISNo changes as of Date 07/21/2022 Signature vpp7. • Pn't"me Michaels D.McKinney Revised 11.09.2020 3 I P a g c Glorious Grooming, LLC Agenda Item 13 Page 9 Disclosure Statement Disclosure Statement \13 City of 4'ogvo,,Bam.h Planning&Community Development Owner Disclosure � M. S Owner Name �oPH A t�D�N Applicant Name ( LORIoU,S MIN( Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes No • If yes,list the names of all office,s,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 Beach 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? `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 5 1 P a g e Glorious Grooming, LLC Agenda Item 13 Page 10 Disclosure Statement Disclosure Statement of Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-cotlateralization,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 El 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? El 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 archltect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 5 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. 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?0 Yes IS No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage Glorious Grooming, LLC Agenda Item 13 Page 11 Disclosure Statement Disclosure Statement City of Vagina Bench 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 or any public body or committee in connection with this application. 6744,4* ��-- ul— Q(Ec rioa_ of m 6srwTE �To - --Owner Signature AisEtr ., LAKE zlz E cacurrg. i Cs-rxrf of 59Nq �. (ooOMA/J Print Name and Title (40,/aCt70 Date Revised 11.09.2020 7 I P a g e Glorious Grooming, LLC Agenda Item 13 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Glorious Grooming, LLC Agenda Item 13 Page 13 Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 13 Glorious Grooming, LLC [Applicant] Jodha M. Goodman Estate [Property Owner] Conditional Use Permit [Home Occupation] Address: 140 South Gum Avenue RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: Thank you. Agenda Item#13 Glorious Grooming, LLC for home occupation at 140 South Gum Avenue, please come forward on who's speaking. Hi, can you state your name for the record? Ms. Lake: My name is Erin Lake. I'm the owner and sole employee of Glorious Grooming LLC. Mr. Alcaraz: Are the conditions acceptable to you? Ms. Lake: Yes. Mr. Alcaraz: Alright, thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I asked Mr. Commissioner Frankenfield to please read this for the record. Mr. Frankenfield: Thank you, sir. This applicant is requesting a Conditional Use Permit for a Home Occupation to operate a pet grooming business within a single-family dwelling in the Thalia neighborhood. The applicant is desiring to groom pets in a 170 square foot room within the family within the dwelling. It is anticipated there will be a maximum of three customers per day. Pets will be groomed by appointment. Pets will be dropped off at the residence before the appointment and picked up at the conclusion of the service. No exterior changes are proposed and no signage is proposed. The applicant will be the sole operator of the grooming business. There will be no other employees. Hours of operation will be 9 to 5, Monday through Friday. In staffs opinion and the Commission's opinion this proposal will not negatively affect the character of the neighborhood and will not adversely affect surrounding properties. Based on staff support and this information Planning Commission recommends approval. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think, there are a couple. So do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On#17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items#18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, and 16 have been recommended for approval by consent. Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner ABSENT CONDITIONS 1. There shall be no sign identifying the businesses on the exterior of any building on the property or within the yard of the property. 2. In accordance with Section 234 (d) of the City Zoning Ordinance, the use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside of the of 170 square foot room on the property. 4. Hours of operation shall be limited to 9:00 a.m. to 5:00 p.m., Monday through Friday. 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. wlia/ l 'I" U °U 0 °' P 1 L0 (47) (7) ` k Roa Birdneck Ro__ : Q3 __ -- -• —eck Road B�rdn a, 9 ..- B i'S la,) OB2 c ....... \ CTL\ ' / 0 _ ,CD ________ RSD \ CI ,f417 B2 - cl �► \\ /.._.f ii,,,;!), B1 A o Z. < Ell' coca —sCD � 4513, A24 a cow P1 ' - '(> i ID* ° ' (\Q, -----\ \c°(-\\A\ pi•‘1,- R5 D el 0 \ .0,,C5--) ' -17-- ,( R.5-Diii-a: 0 . \iiik no, r Site WrA I? Property Polygons y Thomas Mark Goldsberr ►- S Zoning 1104 Treefern Place Building •• Feet 0 30 60 120 180 240 300 360 / ,, t 4�� yC��s; L'. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THOMAS MARK GOLDSBERRY [Applicant & Property Owner] Conditional Use Permit (Home Occupation) for the property located at 1104 Treefern Place (GPIN 2416846334). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: August 9, 2022 • Background: The applicant requests a Conditional Use Permit for a Home Occupation to operate a gunsmithing business within the attached garage of the existing single-family dwelling. The applicant will be the sole operator of the gunsmithing business to include the restoration of old, dilapidated, and antique guns. Customers will be received by appointment only, one a time, with no more than five customers expected per month. There will be no sale of firearms from this residence. No signs or advertisements are proposed for the property. ■ Considerations: Exchange of firearms will be received by the applicant when dropped off at the home by customers. No firearm or federally controlled item will be left without properly being transferred to the owner. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 512 square feet, thus the 506 square foot attached garage will be below the maximum allowed. All federally controlled items will be stored in secured steel vaults. In addition to this Conditional Use Permit, the applicant anticipates obtaining a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. All firearms that are on the site will be required to be secured in accordance with ATF regulations. Additionally, a City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff Report. Five letters of support were received by Staff. A letter was also received from the Birdneck Lake Homeowner's association concurring with the ability to operate the home business. There is no known opposition to this request. Thomas Mark Goldsberry Page 2 of 3 ■ Recommendation: On July 13, 2022, the Planning Commission passed a motion to recommend this item for approval on the Consent Agenda, passing a motion by a recorded vote of 10-0. 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives(ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no more than five (5) hand-to-hand transactions per month at the dwelling. 6. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 7. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 8. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 506 square foot attached garage on the property. 9. There shall be only one (1) employee associated with this home based business. Thomas Mark Goldsberry Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (6) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department yo City Manager: riV Applicant & Property Owner Thomas Mark GoldsberryNI Agenda Item Planning Commission Public Hearing July 13 2022 �r City Council District District 5,formerly ,Beach Virginia Beach Request Conditional Use Permit (Home Occupation- Retail Sales) / 1 / Staff Recommendation '�,Steft e,so q.�w Approval f Staff Planner p Q is Marchelle Coleman " ,s, s� i Location ` it 1104 Treefern Place a GPIN 1 K 2416846334 - Site Size • 11,706 square feet AICUZ / J-1) Greater than 75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District ti - Single-family dwelling/ R-5D Residential : --1----7------------. - _..-,,r-- -':--- ------- ---- -r"----!: - q774--* . , ‘ _ ,Surrounding Land Uses and Zoning Districts ter-- ; * .i. _ €� North I- tie ® ' }„ I 4k Duplex/R-5D Residential Southv Single-family dwelling/ R-5D Residential -.j; - -',' . . - 4 . East ', Single-family dwelling/ R-5D Residential ' ` ' West _. . • Single-family dwelling/ R-5D Residential i �, . .go q - .- ic- t• ,e,4 ' /ti2,410 c,. '. t t� ' '�'i': '� r Thomas Mark Goldsberry Agenda Item 11 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home Occupation to operate a gunsmithing business within the attached garage of a single-family dwelling on a parcel in the Birdneck Lakes neighborhood zoned R-5D Residential Duplex District. • Within the 506 square foot attached garage,the applicant intends to restore old, dilapidated, and antique guns. Services provided include improving accuracy and precision of the guns, inspecting the guns for mechanical problems, designing, constructing, and repairing damaged gun components and malfunctions, bluing gun barrels to prevent rusting and attaching optical sights, pistol grips, and recoiling pads to various gun types. • The applicant is a retired veteran with 28 years of service and over 30 years of experience working with guns. • There will be no sale of firearms from this residence. No signs or advertisements are proposed for the property. • It is anticipated that by appointment only no more than one customer per week will be on site. • The applicant will be the sole operator of the in-home business. No other employees are proposed. • As required by federal law,the applicant intends to obtain a Federal Firearms License (FFL)through the Bureau of Alcohol,Tobacco, Firearm and Explosives (ATF). All firearms will be secured in the home accordance with ATF regulations. • Additionally, a City of Virginia Beach Police Officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. o P1 �- — Bi,dn,ck Rood - - Zoning History B1A r # Request 1 • \ 1 1 MDP Approved 12/13/1994 PI REZ(R-5D to Conditional B-1A)Approved 04/12/1994 a f \ t`c�AKh �nV 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 Thomas Mark Goldsberry Agenda Item 11 Page 2 Evaluation & Recommendation The applicant's request for a Conditional Use Permit for a Home Occupation for a gunsmithing business in the attached garage of the single-family dwelling is acceptable.This proposed use is located within the suburban area of the city. In Staff's opinion, this use will not change the character of the neighborhood and will not adversely affect the surrounding properties, as it is a very low intensity use. All activities of this business will occur indoors and will be undetectable by pedestrians and immediate neighbors. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 512 square feet,thus the 506 square foot attached garage will be below the maximum allowed. As mentioned previously, no on-site sale of firearms will occur at the residence and a condition is recommended below to ensure this. In the event that the applicant proposes to expand services offered, a modification to this Conditional Use Permit will be required. To ensure that the impact to the adjoining property owners is minimal, Condition 5 has been added to limit the number of customer appointments to no more than 5 per month. Being that there will only be one client on the property at one time, there is adequate parking within the driveway to reduce the amount of street parking necessary for the use. The applicant intends to store firearms in a locked and secured vault, in accordance with ATF regulations. As stated previously,the Virginia Beach Police Department will conduct a security assessment of the home within in one month of the granting of the Conditional use Permit, as noted Condition 1. The assessment will consist of the following items: • Inspect all exterior lighting and recommend strategies for best lighting practices to be used • Inspect all landscaping, looking for any conflict with lighting and any area where there may be places to hide • Inspect all interior and exterior door and window locking devices to ensure that they provide adequate home security against burglary • Inspect all interior and exterior doors to determine adequacy of their strength against penetration by prying, force, or any other means • Inspect and review any alarm system that may be installed on the home • Inspect the room and safe where any firearms, firearm supplies,firearms parts, and money may be stored • If there are children in the home, the assessing officer will review safety measures as it pertains to firearms and the children. The applicant has notified his adjacent neighbors of his request to operate the gunsmithing business within his attached garage and has provided letters of support from five immediate neighbors along Treefern Place. Based on the considerations above, Staff finds that the proposed use meets the requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance.The requirements of the Zoning Ordinance and the conditions recommended by Staff are anticipated to further ensure the compatibility of the proposed use and the safety of the neighborhood. As such, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container.The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, a copy provided to the applicant,the Planning Department, and a copy retained by the Police Department. Thomas Mark Goldsberry Agenda Item 11 Page 3 2. The applicant shall obtain and maintain a Federal Firearms License (FFL)through the Bureau of Alcohol,Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no more than five (5) hand-to-hand transactions per month at the dwelling. 6. Delivery of firearms to the property shall be received on the applicant's property only,secured by the applicant's signature. 7. The use shall not create noise, dust, vibration, smell,glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 8. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 506 square foot attached garage on the property. 9. There shall be only one (1)employee associated with this home based business. 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 Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. There are no known significant cultural resources associated with this site. Thomas Mark Goldsberry Agenda Item 11 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Treefern Place No Data Available 9,900 ADT 1(LOS 4"D") Existing Land Use 2—10 ADT Proposed Land Use 3—10 ADT 1 Average Daily Trips 2 as defined by a single-family 3 as defined by a single-family a LOS=Level of Service dwelling dwelling with a home occupation Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Treefern Place, in the vicinity of this application, is considered a two-lane local street. It is not included in the MTP. No roadway CIP projects are slated for this area. Public Utility Impacts Water&Sewer The site currently connects to both City water and sanitary sewer. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Five letters of support have been received. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022 and July 3, 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 June 27, 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 July 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 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 August 5, 2022. Thomas Mark Goldsberry Agenda Item 11 Page 5 Existing Site Layout 1125 & 1129 South Rirdnedt Rd \ 1141 & 1145 South 9ir'dneck Rd 113.3 & 1137 South 8ir&'eck Rd \ 3 A Coidomi ium t A Condominium \ A Condominium , (INS. 200208083013950) ' (M.8. 194, P.6) t (11.8. 193. P.90) ' 5' PUBLJC DRAINAGE \ , & UT1UTY EASEMENT (D.B. 2424. P. 1028-1029)- ', ', 24' \ % �� S64'12'28'E 134.45' �, �, —,_. —" --- 6'1 1few `/ P8 r ,1 --"\ / 1\ s . s ` Air 1 4, / / '''.. s 5 M JNIENACE , 1 1 Existing / `/ EASEMENT 1= ' Single-Family Dwelling =" . /� P.(1028 1029) I car 1 ,,--.12,561 sf f,, `�' ' .r` 1 1711 / Y' „of< 1 * i . / ,/ ''.... t 1 k• - Proposed► / �/ , '' 1 1 1 Home / b „ It Occupation / ', 1 1 ' a / // 5' UA1NTENACE EASEMENT •`� 0.9 r. �` / (0.8. 2424, P. 1028-1029) . 5' kLAMNTENACE 1 1 / `� EASEMENT 1 / �, 7 �' 1 .. / P.(102a 10429) 1 ' E / / .._..�--.- Gaz / / - 10' DRAINAGE & '0' DR NAGE & 1 Drive / // UTI EASEMENT (0.8. 24,r P 028- 029) I. UT1 EASEMEN11 / f e. 2424, 1 , // / 0► ` P. 1028-1029) ` / __..4 1 —-'.` /� / s ,l:•`,�, , 12 t / .� . 4 / tek ' p ) .16 ,,, r PeeQ1 \ 8`a ''y Vm. CP , . *1* -0 Ott MR hard! o. f / TREEFERN(1w' Rim)PLACE r (0.8. 2424, P. 1028 1029) (4 / Thomas Mark Goldsberry Agenda Item 11 Page 6 Site Photo 7 101141101100... `r`,f T T A 'J' T "f '-� -- Alf r r .rr. 1 11)li 4 ..-ate-^+ 'F------.....,.-_.,_ - -- - Thomas Mark Goldsberry Agenda Item 11 Page 7 Disclosure Statement Disclosure Statement A2E3 Planning&Community r$ Devekopment 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 Thomas Mark Goldsberry Does the applicant have a representative? ❑Yes ii No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes it 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) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two 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 I1.09.2020 wage Thomas Mark Goldsberry Agenda Item 11 Page 8 Disclosure Statement Disclosure Statement1,13 Planning&C ommu 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 I 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? CI Yes • No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IL No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I[ No • if yes,identify the purchaser and purchaser's service providers. Resised 11.09.2020 2 I Thomas Mark Goldsberry Agenda Item 11 Page 9 Disclosure Statement Disclosure Statement 1/3 Planning&Community Ihevelopment 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 NI 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 I 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 Thomas Mark Goldsberry Print Name and Title May 3,2022 Date - - - --Is the applicant also the owner of the subject property? I 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 7/19/2022 sljn.wr. l« �'''*"""° Marchelle L.Coleman Revised 11.09 2020 Wage Thomas Mark Goldsberry Agenda Item 11 Page 10 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. Thomas Mark Goldsberry Agenda Item 11 Page 11 Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 11 Thomas Mark Goldsberry [Applicant & Property Owner] Conditional Use Permit (Home Occupation) Address: 1104 Treefern Place RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: Thank you. The next item is item#11 for Thomas Mark Goldsberry, a home occupation at 1104 Treefern Place, please come forward. State your name. Mr. Goldsberry: Good afternoon. My name is Thomas Mark Goldsberry. Mr. Alcaraz: Do you accept all the conditions? Mr. Goldsberry: Yes, I do. Mr. Alcaraz: Thank you, you may be seated. Mr. Alcaraz: Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Ms. Oliver to please read this for the record. Ms. Oliver: The applicant is requesting a Conditional Use Permit for home occupation, operating gunsmithing business within his attached garage of a single-family dwelling in the Birdneck Lake's neighborhood. The applicant is a retired veteran with 28 years of service and over 30 years of experiencing working with guns. He intends to restore old dilapidated and antique guns. There'll be no sales of firearms from this residence. No signs or advertisements are proposed for the property, and it is anticipated that by appointment only no more than one customer per week will be on site. There'll be no other employees that are proposed for this business. As required by federal law, the applicant will obtain a Federal Firearms license through the Bureau of Alcohol, Tobacco, Firearms and Explosives and all firearms will be secured in the home according with ATF regulations. He intends to store his firearms in locked and secured vaults. This applicant has notified his adjacent neighbors. He has had several letters of support along with the Civic League has supported this business in the in the neighborhood. The applicants agreeable to the conditions, staff finds this proposed to meet the requirements for home occupations, and therefore the commission has placed it on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think, there are a couple. So do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On #17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items#18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, and 16 have been recommended for approval by consent. Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner ABSENT CONDITIONS 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no more than five (5) hand-to-hand transactions per month at the dwelling. 6. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 7. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 8. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 506 square foot attached garage on the property. 9. There shall be only one (1) employee associated with this home based business. 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. Conditional Use Permit for a Home Occupation at 1104 Treefern Place This letter is to express my support of my neighbor Thomas Goldsberry living at 1104 Treefern Place Virginia Beach VA. 23451 to open a gunsmithing business from his house. Mr. Goldsberry has assured the neighbors in the cul-de-sac that the business would not impede our standard of living. In conclusion, I urge you to vote yes on Mr. Goldsberry opening a gunsmithing business out of his home. Sincerely, Ke-11-14) P_ 001-14' Print N Si nature 11Drioramn aces I f _ (/6,),545-1 Address Conditional Use Permit for a Home Occupation at 1104 Treefern Place This letter is to express my support of my neighbor Thomas Goldsberry living at 1104 Treefern Place Virginia Beach VA. 23451 to open a gunsmithing business from his house. Mr. Goldsberry has assured the neighbors in the cul-de-sac that the business would not impede our standard of living. In conclusion, I urge you to vote yes on Mr. Goldsberry opening a gunsmithing business out of his home. '� Sin rely, -Q 13,.., , Print Name Signi ture i/ )- Tg-eQ -44J PC Address V6 3Q� 1 Conditional Use Permit for a Home Occupation at 1104 Treefern Place This letter is to express my support of my neighbor Thomas Goldsberry living at 1104 Treefern Place Virginia Beach VA. 23451 to open a gunsmithing business from his house. Mr. Goldsberry has assured the neighbors in the cul-de-sac that the business would not impede our standard of living. In conclusion, I urge you to vote yes on Mr. Goldsberry opening a gunsmithing business out of his home. Sincerely, Swg--Z-- Print Tame ‘_„_ a signature /100 Wierae Address Conditional Use Permit for a Home Occupation at 1104 Treefern Place This letter is to express my support of my neighbor Thomas Goldsberry living at 1104 Treefern Place Virginia Beach VA. 23451 to open a gunsmithing business from his house. Mr. Goldsberry has assured the neighbors in the cul-de-sac that the business would not impede our standard of living. In conclusion, I urge you to vote yes on Mr. Goldsberry opening a gunsmithing business out of his home. Sir rely, ' 1/-)1/ - Print le Signature le5 (JL Address Conditional Use Permit for a Home Occupation at 1104 Treefem Place This letter is to express my support of my neighbor Thomas Goldsberry living at 1104 Treefem Place Virginia Beach VA.23451 to open a gunsmithing business from his house. Mr. Goldsberry has assured the neighbors in the cul-de-sac that the business would not impede our standard of living. In conclusion, I urge you to vote yes on Mr. Goldsberry opening a gunsmithing business out of his home. Sincerely, r ' �hP�'GSo• orris P(a -e Print Name Signature DLO ce- . Address ---- �`' Birdneck Lake Home Association - PO Box 892 Virginia Beach,VA 23451 1 July 6, 2022 Hand Delivered Mr.Thomas Goldsberry 1104 Treefern Place Virginia Beach,VA 23451 Dear Mr. Goldsberry, In response to your letter to the Board of Directors dated June 28, 2022,the Board met and has voted,4 to 1,to approve your request to open a retail sales business,Gunsmithing, in your home, contingent on the city of Virginia Beach Conditional Use Permit approval and the police department's verification that your home is secure to operate this type of business. The stipulations you must follow are: • Only cleaning and conducting repairs on firearms is permitted. • No guns,ammunition or materials related to such will be sold out of your home. • No working on guns that are loaded. • Absolutely no discharging any weapons of any kind in your home or on your property. • All guns,ammunition or materials related to such will be securely stored in a gun safe. • The alarm system will be linked to the Virginia Beach Police Department. • Business hours are by appointment only. • You are limited to five (5)clients per month. Any deviation from the stipulations listed above may result in the Board overturning the approval for you to operate a Gunsmithing business in your home. If you have any questions concerning the Board's decision, please feel free to contact us. Sincerely, The Birdneck Lake Home Association Board of Directors R5D , ,'" p 0, \i ,,„4:1- ";'"' \ vi B2 O� \ 0 •I q• R5D \ 40 . B2 -__ 0 'Y/ 133 --- - \ \ <2 /4 7,1, \\\\ \ -- (0 \ \\ \ 0\-----D 7B2/B2 o R5�D .� 3 -"' V,\ ° _ \) / // \ \ \Id , \,____,.'" \\ \ �� 0 .- \ \90010 .(//0. C\, , -4 \. R C7\c°67--- \\\\\\ \ .5D % B2 _.''' 2\ A co 12 \ \Al 2 \\ - .\\\ r!`-\ B2 \ \\\. \ Gi/j Site w 4 E Wroblewski Art LLC �'� Property Polygons s Zoning 1329 Oceans Boulevard, Suite 110 Buildingiiicomiiimio Feet 0 2040 80 120 160 200 240 u ��.. �yGp♦7 s� 3 %.(.......) CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: WROBLEWSKI ART, LLC [Applicant] OCEANA PARTNERS, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 1329 Oceana Blvd, Suite 110 (GPIN 2415486899). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: August 9, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a traditional Tattoo Parlor. The use will occur within an existing 1,200 square foot unit in The Shoppes at Oceana North shopping center along Oceana Boulevard. Two tattoo artists are anticipated. • Considerations: The proposed request is an acceptable use in this location as the property is surrounded by commercial properties. No additional parking is required within the shopping center, as it was designed to accommodate a variety of commercial uses. New signage is proposed, and it is recommended that it meet the requirements set forth in the City's Zoning Ordinance. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Staff received three letters and a petition of support for this request. There is no known opposition to this request. • Recommendation: On July 13, 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. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Wroblewski Art, LLC Page 2 of 2 Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (3) Petition of Support (51 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department *--/ City Manager: Applicant Wroblewski Art, LLC Property Owner Oceana Partners, LLC Agenda Item Planning Commission Public Hearing July 13, 2022 Ctrynj City Council District District 5, formerly Beach 15 Virginia Beach Request Conditional Use Permit (Tattoo Parlor) I/Staff Recommendation Approval a Staff Planner ka, spoa, o _ o oP 4m Michaela McKinney p �� 8e•knoror,,e o 0 Location 1329 Oceana Boulevard, Suite 110 --\ . GPIN 2415486899 Site Size ,411„, 1, II 41,000 square feet , " +r» AICUZ 6' +� Eagre,00do Greater than 75 dB DNL `N. -s. / / Watershed Southern Rivers Existing Land Use and Zoning District `6 , \ ,. : Shopping center/ B-2 Community Business '= `; '`�`~' �`'`� ' '� ` fit' . •.;4 ,,), •u - , Surrounding Land Uses and Zoning Districts ff ` North � �� • \ Auto sales &service/ B-2 Community Business South Gymnasium/ B-2 Community Business '47- r _IA., East ‘,. €,'• ,_.- 1. I& . Ocean Boulevard ' NAS Oceana Commissary / R-5D Residential West Single-family dwellings/R-5D Residential _,:;11:::;,,./ itt--zi. Wroblewski Art, LLC Agenda Item 15 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit in order to operate a traditional Tattoo Parlor.The unit is located within an existing shopping center along Oceana Boulevard on property zoned B-2 Community Business District. • Tattooing will take place in a 1,200 square foot unit within the Shoppes at Oceana North shopping center. • According to the applicant,t.we three employees are anticipated with an average of two clients per day. • The typical hours of operation are proposed as 11:00 a.m.to 7:00 p.m., Wednesday through Saturday Sunday. • No exterior changes to the building are proposed, except for the installation of building and door signage. Building signage will consist of black channel LED letters. B2 eo "�� 14*2 Zoning History �� R5� # Request # 1 CRZ(AG-2 to Conditional B-2)Approved 09/18/1985 �� 2 CUP(Automobile Sales)Approved 11/25/2003 3 CRZ(AG-2 to Conditional B-2)Approved 07/06/2004 � CUP(Motor Vehicle Sales)Approved 07/06/2004 4 CRZ (AG-1 to B-2)Approved 09/25/1979 et a Sp 5 CRZ(AG-2 to Conditional B-2)Approved 05/09/2006 • 6 CRZ(R5-D to Conditional B-2)Approved 08/26/2003 V R t CUP(Mini-Warehouse )Approved 08/26/2003 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 Staffs opinion,the request for a Conditional Use Permit for a Tattoo Parlor is consistent with the Comprehensive Plan's land use policies for the Suburban Area and is consistent with the commercial nature of the surrounding properties. 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 considered to be a compatible use. Prior to operating on the site,the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes 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. Wroblewski Art, LLC Agenda Item 15 Page 2 The use of a Tattoo Parlor is considered to be a compatible one within the shopping center. Staff does not anticipate a significant increase in traffic volume with the addition of this use into the existing shopping center. For the reasons stated above, Staff recommends approval of this application, subject to the conditions 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 for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 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 subject property is located in the Suburban Area of the city. One of the guiding development principles of the Suburban Area is the creation and maintenance of"great neighborhoods,"which are stable and sustainable, and supported by complementary non-residential uses. Preserving neighborhood quality and characteristics requires non- residential uses to maintain or enhance the existing characteristics of surrounding residential areas. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Wroblewski Art, LLC Agenda Item 15 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Oceana Boulevard 29,000 ADT1 35,700 ADT 1(LOS 3"D") No Change Anticipated2 1 Average Daily Trips 2 average daily trips are not 3 LOS=Level of Science expected to change Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Oceana Boulevard in the vicinity of this application is considered a four-lane divided minor urban arterial. The existing infrastructure currently resides within a variable width right-of-way. The MTP proposes a four-lane facility within a 145 foot right-of-way. There are presently no roadway CIP projects funded for this segment of Oceana Boulevard. Public Utility Impacts Water& Sewer This site is connected to City water and sanitary sewer. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. 3 letters of support and a petition of 51 signatures for support have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022 and July 3, 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 June 27, 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 July 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 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 August 5, 2022. Wroblewski Art, LLC Agenda Item 15 Page 4 Aerial of Site f . +1, - ` s lir' ' X , , . . _ r I,.. 4 e \ems: ., r' 4. . tr _ '.'4,* .N.XIN... - 4.2 a y ".. .f' lk, 114\ ."4" ›.- --P` It,. %, '--1 N, ''''''''':N.iek'*:11:: '*_i:11*._,. AcA, „..„ . �.� i�� r,,.., , _ ,-- , r .. ''-'' \1 *-- 44-7 \'' -- - ,/ -1 - - 'I% ' Illibt OC' . # _ - Wroblewski Art, LLC Agenda Item 15 Page 5 Site Photos , N • '�s, i ! , ' �� i 1' 120 in—- ,ii I , I '4.:: It ,. - I. <.--sue.--- .....—_3 _ - ram.'s%'L`- ds7� r. i§9�:a.ti..:.--m .`: +.`+"Y°{r:3 Lam`.s ."39 y A . M. Wroblewski Art, LLC Agenda Item 15 Page 6 Existing Freestanding Signage vax,.a4k,--,..na, i j i _ t i 1t . {{ ��/ ) T a y\ , , rk1. w6�Y , i I The Shoppes at Oceania North gik - •• •• ' caD BARBER SHOP a t1 The G m i" - �. ✓ 4: • Wr . ` .~VT , •Y.S'i _ f. l a „_..1 .47 qZ. .'J'T / .s`�f;•" ,. K 4 P ? ; : ,AC.t {..—,� a ;3 e-.4 �. T, f t!-_—, ? -, �._. � � ;.� • Fes,!�t ,. _ Wroblewski Art, LLC Agenda Item 15 Page 7 Proposed Building Signage a IN ° j O, ,_ II0 0 - a 0 5 CL 3 ll 4 _ 2 t, w 111111 a f h o t LU 3 U 4 w V o V ii,U C U ti ¢9 ,42 Q ti y V` 2 � a 4 Q I Z " E a t m ¢ j O w w oN I _0 U ZN 3 ^ .i ,z M J..8 2 . - I ..61 1 U Z ^ y a N coO e O m s i!.! > a _4 V O 'e C > Q �.f :s C x 6; 00 DO ®s H .4 m -. c s O N a 1 4 ftcm.3. i6 v- v m< a 6 R Z a ? N ` -- ai5' 0 O ,_ _L5? J 0 f C `- E >, •n E V 4 i,: m w cl� 1� 'Luc' `cQ c1 m a I. o, v i m ' .. c(1 c4 _1. �M ,' it my ,0 O iM eo c O . 0 c i u s �J -4 a" ,� d,,c� u N in > c c+� � Y •r. —� v, o �o v Wroblewski Art, LLC Agenda Item 15 Page 8 Proposed Freestanding Building Signage i. •A 44 O. E v, �' rr Lhoh 4 IL cc C I 1 m 7— ^s ei 4 !a • } ►- 4 a a iic o N 4111111 4F' �e:i ,- tr.. r',t 2 . O W Z as CO O . til •.1 Di mit a ill I ic < _.i • i"'" I A kJ Milill , . < u) o Q• ca a. 0, xvs N z . u, : ,.... ,„ t, 6 o . „.. x ..., S 2 in OA..ill a A, ,_. C ; LJi C%Q co OD ros =QJ m a r b i 'e co b it.. ^Y LF� u^ Ao u0 i e ., R u,-,U vN Cr: > C P9 o Y m n m r. O 10 U' 0 Wroblewski Art, LLC Agenda Item 15 Page 9 Disclosure Statement Disclosure Statement qf Viepria 1, 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 Wroblewski Art,LLC _ Does the applicant have a representative? ff Yes ❑No • If yes,list the name of the representative. Mark Wroblewski,Co-Owner 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) Mark Wroblewski,Co-Owner Jessica Wroblewski,Co-Owner • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) No "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Wroblewski Art, LLC Agenda Item 15 Page 10 Disclosure Statement Disclosure Statement af Virginia Nadi 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 NE 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 I[ 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 NI 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?P Yes ❑No • If yes,identify the firm and individual providing the service. William Gouger,CFO-CPA's,Richmond,VA 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 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 U No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09 2020 2 I P a g e Wroblewski Art, LLC Agenda Item 15 Page 11 Disclosure Statement Disclosure Statement NiI3 Cal, room Beath Planning&Community, Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑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?El 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?❑Yes li 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 pubs' body or committee in connection with this application. 1/1 i _ _,,, f__ Applicant Signature Mark Wroblewski,Co-Owner of Wroblewski Art,LLC. Print Name and Title 4/12/2022 Date Is the applicant also the owner of the subject property? 0 Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications /� ® No changes as of Data 07/21/202 sl'are P. Wic4;t7, Ptint'am• Michaels D. McKinney Revised 11.09.2020 3 I P a g e Wroblewski Art, LLC Agenda Item 15 Page 12 Disclosure Statement Disclosure Statement 1VB City of Planning&Community Development Owner Disclosure /1 't+. Owner Name 11C'CI-f/t/4 TO.t 1 iveQ.S C i Applicant Name Mai k W lib�\C,LA,sIs 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) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity''relationship with the Owner. (Attach a .ist if necessary) NJA 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 VI 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. Revised 11.09.2020 5 I P a g e Wroblewski Art, LLC Agenda Item 15 Page 13 Disclosure Statement :•Disk. StateNE ' .c1"/""* ''' . ... Owner Services Disdosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-coliateralization,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 Iil 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. f tot VIA,- 'IQ)u.vvv,tk R.t Lit, htu . G,VbUp1 I—L.c 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?0 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 5ii 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 IXNo • tf yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes El 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?D Yes )No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P a g e Wroblewski Art, LLC Agenda Item 15 Page 14 Disclosure Statement . �ay3F�gAt.7....+M..y�s..yT��sa-� ,t.,�.. • • • S. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes tgl 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,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. 7/.62 OCe4S-97.41-, AZ-,22-4.021,7 Owner Signature p Print Name and Title '' Date Revised 11.09.2020 7 I P a g e Wroblewski Art, LLC Agenda Item 15 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. Wroblewski Art, LLC Agenda Item 15 Page 16 Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 15 Wroblewski Art, LLC [Applicant] Oceana Partners, LLC [Property Owner] Conditional Use Permit [Tattoo Parlor] Address: 1329 Oceana Boulevard, Suite 110 RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: Thank you. The next agenda item is#15, Wroblewski Art, LLC for Conditional Use Permit for a Tattoo Parlor at 1329 Oceana Boulevard Suite 110. Please come forward. Mr. Wroblewski: My name is Mark Wroblewski and this is Jessica Wroblewski. Mr. Alcaraz: Alright, do you accept the conditions? Mr. Wroblewski: We do. Mr. Alcaraz: Thank you. Thank you for coming. Is there any opposition to this item being placed on the Consent Agenda?All right, hearing none, I asked Commissioner Horsley to please read this for the record. Mr. Horsley: Thank you sir. This applicant is requesting a Conditional Use Permit to operate a traditional tattoo parlor. This parlor will be operated in a shopping center along Oceana Boulevard in property that is zoned B-2 Community Business in a B-2 Community Business District. The tattoo parlor is consistent with the Comprehensive Plan's land use policies, and is consistent with the commercial nature of the surrounding business. It happens to be in the 75 decibel noise zone of the four acres, and but these restrictions don't apply to tattoo parlors. So the staff thinks that this is a compatible use with the area. It is consistent with the Comprehensive Plan. It won't increase the traffic, it has been determined that. So staff thinks it's a good application and the Commission does too, so we placed it on our consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think, there are a couple. So do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On #17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items#18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, and 16 have been recommended for approval by consent. Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner ABSENT CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 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. 5/23/2022 Kuttingtrim Barbershop 1329 Oceana Blvd,STE 120,Virginia Beach,VA 23454 To the City of Virginia Beach: As a neighboring business owner, I would like to express my support for ZOA Tattoo&Art Studio.This family run small business is important to the community because it brings a fresh take on tattooing and art. ZOA will be a great addition to this new Oceana building development,contributing to the vitality of the area.This tattoo studio will add to visual landscape of the shopping center,appealing to the curiosity of people driving by. Bringing their already existing clientele from all over Hampton Roads and beyond, ZOA Tattoo will contribute to additional foot traffic to the shopping center and its businesses. For these reasons, I strongly support ZOA Tattoo's acquisition of their Conditional Use Permit. If you have any further questions, please don't hesitate to reach me at Sincerely, Blot rsD N4a/1/41� (75 7j 9 3 aC/O 6/5/2022 Awaken Inside, The Gym 1333 Oceana Blvd, Ste 100 Virginia Beach, VA 23454 To the City of Virginia Beach: As a neighboring business owner, I would like to express my support for ZOA Tattoo & Art Studio. This family-run, small business will be an important part of the community and will bring a fresh take on tattooing and art. ZOA Tattoo & Art Studio will be a fine addition to the Shoppes at Oceana North, and I believe they will contribute positively to the community and this area of Virginia Beach. This tattoo studio will add to visual landscape of the shopping center, appealing to the curiosity of people driving by. Bringing their already existing clientele from all over Hampton Roads and beyond, ZOA Tattoo will contribute to additional foot traffic to the shopping center and its businesses. For these reasons, I strongly support ZOA Tattoo's acquisition of their Conditional Use Permit. If you have any further questions, please don't hesitate to contact me. Sincerely, Eric Hinz, Owner of Awaken Inside, The Gym eric@aigymvb.com 757-937-8727 6/2/2022 PurelyCBD 1329 Oceana Blvd,STE 130,Virginia Beach,VA 23454 To the City of Virginia Beach: As a neighboring business owner, I would like to express my support for ZOA Tattoo&Art Studio.This family run small business is important to the community because it brings a fresh take on tattooing and art. ZOA will be a great addition to this new Oceana building development,contributing to the vitality of the area. This tattoo studio will add to visual landscape of the shopping center,appealing to the curiosity of people driving by. Bringing their already existing clientele from all over Hampton Roads and beyond, ZOA Tattoo will contribute to additional foot traffic to the shopping center and its businesses. For these reasons, I strongly support ZOA Tattoo's acquisition of their Conditional Use Permit. If you have any further questions, please don't hesitate to reach me at '15"9-6T2,-r2 404 3,f 2. Greerl C.eda V ao,occ, Thsa.eh 01 .2363 Sincerely, • (561-( Online Petition of Support for Wroblewski Art, LLC via Change.org Name City State Postal Cod Country Signed On Kristen Hart Virginia Beach VA 23454 US 6/20/2022 David Tyree Virginia Beach VA 23454 US 6/20/2022 Penny Burnett Virginia Beach VA 23456 US 6/20/2022 Julia Herrmann Virginia BEach VA 23454 US 6/20/2022 Fred Burnett Virginia Beach VA 23456 US 6/20/2022 Catl Cuerpo Virginia Beach VA 23464 US 6/20/2022 Elizabeth Tyree-Herrmann Virginia Beach VA 23462 US 6/20/2022 Diane Olanowski Virginia Beach VA 23456 US 6/20/2022 Bryan Daniels Virginia Beach VA 23456 US 6/20/2022 Patricia Wilford Virginia Beach VA 23456 US 6/20/2022 Daniel Moyers Virginia Beach VA 23462 US 6/20/2022 Jason Burnett Virginia Beach VA 23456 US 6/20/2022 Michael Burnett Virginia Beach VA 23456 US 6/20/2022 Lenny Quenzler Virginia Beach VA 23456 US 6/20/2022 John Olanowski Virginia Beach VA 23456 US 6/20/2022 Kelley Brewer Virginia Beach VA 23462 US 6/20/2022 Rebecca Mcmahan Virginia Beach VA 23455 US 6/20/2022 Daniel Hart Virginia Beach VA 23454 US 6/20/2022 William Herrmann Virginia Beach VA 23454 US 6/20/2022 Darlene Culpeper Virginia Beach VA 23451 US 6/20/2022 Kaelyn Hernandez Virginia Beach VA 23453 US 6/20/2022 D'Andre Stephen Virginia Beach VA 23454 US 6/20/2022 Carrick M Holbrook Virginia Beach VA 23452 US 6/20/2022 Christina Campbell Virginia Beach VA 23456 US 6/20/2022 Chance Brown Virginia Beach VA 23462 US 6/20/2022 Anthony Woodrum Virginia Beach VA 23453 US 6/20/2022 Ashley Kierzek Virginia Beach VA 23454 US 6/20/2022 Sherilyn Norris Virginia Beach VA 23456 US 6/20/2022 Ann McGeary Virginia Beach VA 23464 US 6/21/2022 Ronnie Obispo Virginia Beach VA 23462 US 6/21/2022 Rion Moreland Virginia Beach VA 23452 US 6/21/2022 Jason Dyson Virginia beach VA 23462 US 6/21/2022 Wynter DePriest Virginia Beach VA 23454 US 6/21/2022 Erin Pescetto Virginia Beach VA 23464 US 6/21/2022 Renee Morgridge Virginia Beach VA 23464 US 6/21/2022 Kate Toth Virginia Beach VA 23454 US 6/21/2022 Selenia Davis Virginia Beach VA 23452 US 6/21/2022 Madison Washington Virginia Beach VA 23464 US 6/21/2022 Victoria Mitchell Virginia Beach VA 23464 US 6/22/2022 Nicole Romero Virginia Beach VA 23464 US 6/22/2022 Elle Marie Virginia Beach VA 23452 US 6/22/2022 Lia Cabral Virginia Beach VA 23456 US 6/22/2022 Ashley Renn Virginia Beach VA 23452 US 6/22/2022 Susanne Rossero Virginia Beach VA 23455 US 6/22/2022 Fran Henry Virginia Beach VA 23454 US 6/22/2022 Thomas Thompson Virginia Beach VA 23452 US 6/22/2022 August Schaffner Virginia Beach VA 23462 US 6/22/2022 Justin Amoss Virginia Beach VA 23464 US 6/22/2022 Rosa Gregory Virginia Beach VA 23455 US 6/22/2022 Carrie Lonigan Virginia Beach VA 23321 US 6/23/2022 Diane Arcidino Virginia Beach VA 23454 US 6/23/2022 Patrick Brides Virginia Beach VA 23455 US 6/20/2022 it _ \ z -JO 1& ,,, z 3 Tr -'\D \ \ I N O O N _) , O \ N -- ;'t N _0 \ \ j � 1 o N IIIIIIIII1\ ' . \ a) cn ti 7a)0oO Ii 1 ._ co -c COm tt) m CO to,` M •— ' ' \ \\ 1 \ sa e . \ 7 \ ,, 5 O O M 0 1 t CO (n N m N --- - 0 - Drive N 0 Malibu --- CO f; �ia v„o�r CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: 365 TATTOOING, LLC [Applicant] LITTLE NECK TOWERS, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 3500 Virginia Beach Boulevard, Suite 610 (GPIN 1487740899). COUNCIL DISTRICT 8, formerly Lynnhaven MEETING DATE: August 9, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a traditional Tattoo Parlor. The use will occur within an existing unit in Little Neck Towers along Virginia Beach Boulevard. Up to seven tattoo artists are anticipated. • Considerations: The proposed request is an acceptable use in this location as the property is surrounded by commercial properties. No additional parking is required as it was designed to accommodate a variety of commercial uses. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On July 13, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 365 Tattooing, LLC Page 2 of 2 4. Prior to occupancy, all necessary permits for the property shall be obtained to address applicable building codes and the Virginia Statewide Fire Prevention Code. • 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 * 7 City Manager: Applicant 365 Tattooing, LLC Property Owner Little Neck Towers, LLC Agenda Item Planning Commission Public Hearing July 13, 2022 c,tryt�( City Council District District 8,formerly Lynnhaven 16 Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation :;: - 1 \ t �dnh a O , V S C 1. q g. 7 \ m ` 1- G1 Staff Planner S ; t = o Ft ' ` _Britt,e„as : g , 1, I z a Michaela McKinney jest Lt ; -_ — coaRoad , Location .�•�►�^ 3500 Virginia Beach Boulevard, Suite 610 \,,,„.,04-.,e• ° GPIN 1487740899 Site Size 1.5 acres "` /y Boyd Road 1 Til AICUZ s � � s I 1 Haber Street G a \ Less than 65 dB DNL s �s Wayne Street Q 11.toos it 41. oay Barry Street Q Watershed t Chesapeake Bay 4 i Existing Land Use and Zoning District �. Office,fast food restaurant/ B-2 Community _ .." �• Business 1. � ��'�' .,- '� � , .w t m max, Surrounding Land Uses and Zoning Districts = o .� North ;, _.- t m . - ,� A _ Parking Lot/B-2 Community Business - . . -_ • • ' :1 T. South Mini-warehouse, retail / B-2 Community _ Business . '., • ct` , _ _ ► v�� East ... V. - f� Government Services Office/ B-2 Community r i - =" •'"� ��'� ' --- +Busi ness z-- - _ s-,,,tif -, _ r; Gi West = • — 7. — - Auto sales / B-2 Community Business = " -Y .- - - z"r '< li 3 ' 365 Tattooing, LLC Agenda Item 16 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit in order to operate a traditional Tattoo Parlor.The unit is located within the Little Neck Towers along Virginia Beach Boulevard on property zoned B-2 Community Business District. • Tattooing will take place in a unit within the building by appointment only. • According to the applicant, six to seven employees are anticipated. • The typical hours of operation are proposed as 10:00 a.m.to 6:00 p.m., Monday through Saturday. • No exterior changes to the building are proposed, as well as no new signage. 1 02 g Zoning History # Request 1 CUP(Motor Vehicle Sales and Repair)Approved ; 02/22/1994 2 CUP Motor Vehicle Sales and Repairs)Approved ( P ) pp '� //•-_—�f 01/12/2000 3 COA Approved 11/09/2016 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,the request for a Conditional Use Permit for a Tattoo Parlor is consistent with the Comprehensive Plan's land use policies for the Rosemont Strategic Growth Area and is consistent with the commercial nature of the surrounding properties. The unit is within the Little Neck Towers in the heart of the Rosemont Strategic Growth Area and will be virtually undetectable from the exterior of the building as no improvements to the exterior or new signage are proposed. Prior to operating on the site,the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes 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. The use of a Tattoo Parlor is considered to be a compatible one within the shopping center. Staff does not anticipate a significant increase in traffic volume with the addition of this use into the existing shopping center. 365 Tattooing, LLC Agenda Item 16 Page 2 For the reasons stated above, Staff recommends approval of this application, subject to the conditions 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 for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window,or on the doors.Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 4. Prior to occupancy, all necessary permits for the property shall be obtained to address applicable building codes and the Virginia Statewide Fire Prevention Code. 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 Rosemont Strategic Growth Area (SGA). The general planning principles for the Rosemont SGA focuses on creating mixed-use development with a neighborhood center and improved pedestrian and trail facilities,with a street and block structure created to accommodate development and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to 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. 365 Tattooing, LLC Agenda Item 16 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 51,300 ADT1 74,000 ADT 1(LOS 3"D") No Change Anticipated 2 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) Virginia Beach Boulevard is an eight-lane divided urban major arterial. It is shown on the MTP map as a divided roadway in a 120-foot right-of-way, although there are no roadway CIP projects in the vicinity. Public Utility Impacts Water & Sewer This site currently connects to 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 June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022 and July 3, 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 June 27, 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 July 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 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 August 5, 2022. 365 Tattooing, LLC Agenda Item 16 Page 4 Aerial of Site .4111 a11 Ilk -,- .a m.. i ilk 411 _ t _ osoo"" 1 011 \ * . : .. ing i 11... 4 „pir lip. 414 4 .a®B or :a 4 . 01\ ty, C Pi . . .-ti,* . , it .a .....its _ 1(0 d6 -- t - ,ram_'' - ,-ems, �� ' 11.loos, s. r+ . I. 365 Tattooing, LLC Agenda Item 16 Page 5 Site Photos 014 , , , , 0 , Oil fig 111511 ., 1 = w4 t S S 3 f -T_~ r 365 Tattooing, LLC Agenda Item 16 Page 6 Disclosure Statement Disclosure Statement NB •1-2...Nrt, nning&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 F 65- -r i4-�1TB t Ai( 2._.-(,L Does the applicant have a representative? L-'!Yes 0 No • If yes,list the name of the representative. /4rvI or IG frt LAM t4 Jim Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 7 Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) 3 6 5" T/'r-ttfl L N GI I.-1, A-N Nr 16 0., A-I___M P-2_A-I--N J lc . WcSLEY ;$d1J) • 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. Revised 11.09.2020 1 1 P a g e 365 Tattooing, LLC Agenda Item 16 Page 7 Disclosure Statement Disclosure Statement _ • City ti(Vitgbik Sex* 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 ip connection with the subject of the application or any business operating or to be operated on the property? ❑Yes C7 No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reahor 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 provideu.(n connection with the subject of the application or any business operating or to be operated on the property?❑Yes d No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provi 14d in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 1❑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 2I ;'dge 365 Tattooing, LLC Agenda Item 16 Page 8 Disclosure Statement Disclosure Statement Chu of Vacimc Boat Planning&Community Development 6. Does the applicant have a construction contract r 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. f — 7. Does the applicant have an engineer/surveyor/agent in conn ction with the subject of the application or any business operating or to be operated on the property?D Yes No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in nnection 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. 4 A4,21- bcp," PPlicant Signature AN'ED 14 't d GiAL 4N J i2— M gEl/Z t4) E!2_ Print Name and Title Wes t-d�1) Wl ✓��p / J t t L— Date 4 `7_/ _2 is the applicant also the owner of the subject property? ❑Yes (3 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 181 No changes as of o fs 07/21/2022 stsnaaraNedtada, kicicar.7 PfgName Michaels D. McKinney Revised 11.09.2020 3 1 P a g e 365 Tattooing, LLC Agenda Item 16 Page 9 Disclosure Statement Disclosure Statement 'NB ritYnfilrgive;A.* Planning&Community Development Owner Disclosure Owner Name Ll psuk Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if n ssary) ()KAI)Rg r • r>,...a.4:0n\.Ar- l�.l` � i r` • 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?0 Yes ❑No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e 365 Tattooing, LLC Agenda Item 16 Page 10 Disclosure Statement Disclosure Statement • Planning&Community Development Owner Services Disdosure 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 ❑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 Page 365 Tattooing, LLC Agenda Item 16 Page 11 Disclosure Statement Disclosure Statement NA3 Cf& Virginia Both Planning&Community Development r 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 ❑ 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. PV\10./<, ti& tj Owner Signature /n ^✓:- �I�lr1 n� d j •t`,""" n1 Nr\ M. 4 J t Print Name and Mk Date Revised 11.09.2020 7 I P a g e 365 Tattooing, LLC Agenda Item 16 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 365 Tattooing, LLC Agenda Item 16 Page 13 Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 16 365 Tattooing, LLC [Applicant] Little Neck Towers, LLC [Property Owner] Conditional Use Permit [Tattoo Parlor] Address: 3500 Virginia Beach Boulevard, Suite 610 RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: Thank you. The next agenda item #16, for 365 Tattooing, LLC for a tattoo parlor at 3500 Virginia Beach Boulevard. Please come forward and state your name, sir. Mr. Antonio: My name is Antonio Hamza. Mr. Alcaraz: Do you accept the conditions? Mr. Antonio: Yes. Mr. Alcaraz: Thank you, sir. Is there any opposition to this item being placed on the Consent Agenda? All right, hearing none, I asked Commissioner Frankenfield to please read this for the record. Mr. Frankenfield: Thank you. This applicant is requesting a Conditional Use Permit in order to operate a traditional tattoo parlor. The unit is located within the Little Neck Towers along Virginia Beach Boulevard. Tattooing will take place within the building by appointment only. There may be up to six to seven employees anticipated. Typical hours of operation are 10 a.m. to 6 p.m. There will be no exterior changes to the building, and no new signage. In staffs opinion and supported by the Commission the request for a Conditional Use Permit for a tattoo parlor is consistent with the Comprehensive Plan Land Use Policy, and the Rosemont Strategic Growth Area plan. The unit is within the Little Neck Towers building and will be virtually in detectable, but I hope your business does well. It'll be undetectable. So you don't even know it's there. So for all those reasons, staff and Commission recommend approval of this application. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think, there are a couple. So do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On#17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items#18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, and 16 have been recommended for approval by consent. Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner ABSENT CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 4. Prior to occupancy, all necessary permits for the property shall be obtained to address applicable building codes and the Virginia Statewide Fire Prevention Code. 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. — Imii \ \ OR �, 2.A St Street � 0 , 2.Ast S .. \ treet � �� . .- - \ 0 , -re- ---- / \ a,R -.___ --, ----------- m , ____---0 - — \ , \ 0 R 0 \ 0 . TO�- _ —�f S Na c'st . �h gtr \ \ 2.0 1 co —� CO -----'-.--'------:_....-: OR N �� Site w'v�, r: Property Polygons U.S. Surf Company, IncSr O Zoning 2017 Arctic Avenue, 317 20th Street Building . INE Feet 0 1530 60 90 120 150 180 c t��,.t.t1�1� 0 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: U.S. SURF COMPANY, INC. [Applicant] SUNSATIONS REALTY, LLC [Property Owner] Special Exception for Alternative Compliance (Outdoor Recreation Facility, Recurring Outdoor Special Events) for the property located at 2017 Arctic Avenue & 317 20th Street (GPINs 2427088204, 2427088131, 2427087180). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: August 9, 2022 • Background: The applicant, U.S. Surf Company, Inc. is requesting a Special Exception for Alternative Compliance for recurring outdoor special events and for an outdoor recreation facility, specifically for a skate park. The skate park is currently in operation and there have been numerous special events, including skate camps and contests, along with many other events, that have been held on the property over the years. The request is to bring the site into compliance and obtain the proper permits. The zoning lot for this proposal spans between 20th Street and 21st Street, along the east side of Arctic Avenue, and consists of three parcels. There is an existing 9,824 square foot retail store, Coastal Edge Surf Shop, on the northern parcel that was built in 2003. The southern two lots were originally improved to fulfill the parking requirement for the retail store. After the retail store opened, a half pipe ramp was constructed on the southern lot, closest to Arctic Avenue. Over time, additional ramps, rails, and obstacles were constructed and placed throughout the two southern parcels, and eventually converted the entire southern parcels into a skate park. • Considerations: The skate park is open to the public and is open from 7:00 a.m. to 9:00 p.m. daily. There are various events held on the property year-round, which include skate camps, skate contests, and other types of fundraising and special events. The retail store requires 40 parking spaces based on the square footage of floor area. Due to the construction of the skate park covering a portion of the existing parking lot, there are 30 parking spaces remaining on the site. In January 2020, the owner of the Coastal Edge Surf Company agreed to lease four spaces to 21st St Development LLC for off-site parking to accommodate the parking requirement for the Short Term Rentals at 417 and 419 21st Street. To accommodate the additional ten spaces required for the retail store, along with the four spaces needed for the Short Term Rental, U.S. Surf Company has leased fifteen spaces U.S. Surf Company, Inc. Page 2 of 2 from Sunsations Realty, LLC at 400 19th Street. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Staff received one letter of support and is not aware of any opposition to this request. • Recommendation: On July 13, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 9-0 with one abstention. 1. Foundation Landscaping shall be planted along the western property line in accordance with the Oceanfront Form-Based Code, and the existing streetscape plantings along the rights-of-way shall remain. In the event that any of this plant material is damaged or dies, it shall be replaced in a timely manner. 2. No amplified music shall be permitted outdoors between the hours of 11:00 p.m. and 10:00 a.m. 3. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, lighting, or overflow parking. 4. A minimum of 10 bicycle parking spaces shall be provided on site. 5. The Virginia Beach Special Events Office shall be notified for all special events that take place on the property. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 'NBAgApplicant U.S. Surf Company, Inc.Property Owner Sunsations Realty, LLC enda Item Planning Commission Public Hearing July 13, 2022 City Council District District 6, formerly Beach 17 Virginia Beach Requests Alternative Compliance (Outdoor Recreation Facility, Recurring Outdoor Special Events) e� 2€h w Staff Recommendation 2B,wee .„..0. ::::nner ,,street l\ a`~'e, t*»% to Brandon Hackney _ rs e-bis' e` 22No Hap stoe- Location : - $ 2017 Arctic Avenue & 317 20th Street �° 2'2t62an""` ~� GPINs 214'-c 2427088204, 2427088131, 2427087180 Site Size c 35,066 square feet P +i1 oil wed AICUZ :'�`�� 65-70 dB DNL; Sub-Area 1 P I Watershed Atlantic Ocean Existing Land Use and Zoning District Retail, Skate Park /OR Oceanfront Resort4- . i.i" , , _ , SurroundingLand Uses and ZoningDistricts �0 olo �� s� k , = - North ¢ --2s 21st Street :- ti.kii,,, , ' "- � `.�, : Hotel /OR Oceanfront Resort k �;. ' ,� l South � ' ‘ '‘, . ktk kA "ftkii A O. :4. ' ' s 20th Street ‘ \ . ' Parking Lot /OR Oceanfront Resort �-, East = _ --- ,.e. n Hotel, Single Family Dwelling /OR Oceanfront `' , '�1 `I'-,-: } ° `".r, Resort o , ... :. West r - Arctic Avenuelistect 'Y�;,/''"� Commercial, Parking Lot /OR Oceanfront .-� ` 7. _ Resort U.S. Surf Company, Inc. Agenda Item 17 Page 1 Background & Summary of Proposal • The applicant, U.S. Surf Company, Inc. is requesting a Special Exception for Alternative Compliance for recurring outdoor special events and for an outdoor recreation facility, specifically for a skate park.The skate park is currently in operation and there have been numerous special events, including skate camps and contests, along with many other events,that have been held on the property over the years.The request is to bring the site into compliance and obtain the proper permits. • The zoning lot for this proposal spans between 20th Street and 21st Street, along the east side of Arctic Avenue, and consists of three parcels. • There is an existing 9,824 square foot retail store, Coastal Edge Surf Shop, on the northern parcel that was built in 2003. The southern two lots were originally improved to fulfill the parking requirement for the retail store. • After the retail store opened, a half pipe ramp was constructed on the southern lot, closest to Arctic Avenue. Over time, additional ramps, rails, and obstacles were constructed and placed throughout the two southern parcels, and eventually converted the entire southern parcels into a skate park. • The skate park is open to the public and is open from 7:00 a.m. to 9:00 p.m. daily. • There are various events held on the property year-round, which include skate camps, skate contests, and other types of fundraising and special events. • The skate camps are typically held Monday through Friday, 9:00 a.m.to 1:00 p.m. There are approximately 15 camps throughout the year,with approximately 15-20 campers. Per the application, a majority of the campers are dropped off and picked up at the site. • There are approximately 10 skate contests held annually, which are held on Saturdays, and typically last from 10:00 a.m. to 3:00 p.m. There are an additional 5-10 other events held throughout the year for product launches, meet and greets,fashion shows, etc.These are also held on Saturdays and typically last into the late afternoon/evenings. A few of the events have food vendors, including food trucks, along with other vendors, with alcohol being sold at two of the events.There are approximately 75-100 attendees for each of these events and contests. • The retail store requires 40 parking spaces based on the square footage of floor area. Due to the construction of the skate park covering a portion of the existing parking lot,there are 30 parking spaces remaining on the site. • On January 28, 2020,the owner of the Coastal Edge Surf Company agreed to lease four spaces to 215t St Development LLC at 316 215t street for off-site parking to accommodate the parking requirement for the Short Term Rentals at 417 and 419 215t Street. • To accommodate the additional ten spaces required for the retail store, along with the four spaces needed for the Short Term Rental, U.S. Surf Company has leased fifteen spaces from Sunsations Realty, LLC at 400 19th Street. U.S. Surf Company, Inc. Agenda Item 17 Page 2 u \,_ Est yt ' _____----- c - %r Zoning History # Request 2 ,. 0 � /�/ 1 ALT Indoor Outdoor Entertainment Venue Outdoor s e y �0 Surf Park)Approved 08/20/2021 2 MODC(Outdoor Artist Gallery)Approved 11/09/2010 o j,, \ ___ 1 . street — 1 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 applicant's Special Exception request for an outdoor recreation facility and recurring outdoor special events is consistent with the vision for the Central Beach District as a major activity center.The skate ramps were constructed over a portion of the parking lot several years ago, creating an active use for customers of the retail shop, residents, and visitors to the Resort Area.The applicant, a private business, is essentially providing a free outdoor recreation facility for local and visiting skateboarders. The applicant is proposing a landscaped buffer along Arctic Avenue which will connect to the existing vegetation along 20th Street. This type of year-round outdoor recreation facility not only provides a needed recreational service for residents in this area, but also enlivens the street, offering pedestrians passing by an exciting activity to watch. The Oceanfront Resort District Form-Based Code (ORD FBC) provides flexibility through the Alternative Compliance process to accommodate unique uses and development forms that contribute to the character and ambiance envisioned in the Resort Area Strategic Action Plan (RASAP 2030) but do not follow the "prescribed form" as written. Section 7.3.3 of the FBC provides the 'Review Standards'for these applications, noting that the City Council "shall consider the extent to which the proposed development,taken as a whole,"satisfies these standards. Each of these standards are listed below, with comment pertaining to the degree to which the proposal meets each. Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code,and specifically,the extent to which the proposed development: • Promotes modes of transportation other than the automobile, including walking and transit. The proposed events would take place in the "Central Beach" district, as designated in the Resort Area Strategic Action Plan (RASAP), less than one mile from the ViBe Creative District, and the Oceanfront Corridor. Most, if not all of the proposed events would encourage, and in some cases, necessitate walking or taking other forms of transit from the ViBe Creative District and/or the Oceanfront Corridor. Many of the proposed events are scheduled in connection with events that take place in the Oceanfront Corridor and would encourage non-automobile transit from the Oceanfront to the subject property. Some examples include the East Coast Surf Competition,the Steel Pier Surf Classic, and the Surf for the Cure event. Additionally, many attendees of the proposed events would likely lodge in either the ViBe district or the Oceanfront Corridor, and non-automobile transportation would be more convenient and affordable from these locations to the proposed events. The subject property at which all the events are held, is U.S. Surf Company, Inc. Agenda Item 17 Page 3 also within less than one-half mile from two HRT bus stops.The events will promote usage by participants and spectators of the area's regional transit system. In fact, one of the two HRT stops is less than one-tenth of a mile from the site. Finally, many of the participants in the skate camps and competitions to be offered as proposed events are local residents who would travel by bicycle,transit, or other non-automobile means to get to the area. • Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. The proposed events are almost exclusively pedestrian-oriented outdoor activities, many of which are non-ticketed events open to the public. While the proposed camps and contests require registration for contestant participation, pedestrian spectators are visually attracted and intrigued by the proposed activities when traveling to and from the Oceanfront Corridor and ViBe District or when walking in and around the Central Beach district.The applicant's events often feature and include food trucks, beverage carts, and other ancillary recreation features (i.e. bounce houses, carnival games, etc.)which provide visual interest to local and vacationing pedestrian adults, children, and families.The proposed events are situated within view of 21st Steet,which is the primary gateway to the resort area from other areas of the region. There is also a visually stimulating artistic feature of many of the proposed activities (i.e. fashion show, art pavilion, etc.),which is compatible with the interests and objectives of the nearby ViBe district. Additionally,the proposed events draw pedestrian spectators and participants from a variety of demographic and cultural backgrounds, as some events (i.e.fashion shows, meet and greets, and product launches) attract adult participants and spectators, while other proposed events (i.e. skate camps and contests)tend to attract participation from younger demographics and/or families. The aforementioned variety is conducive to fostering the principles of community, inclusion, and oceanside culture championed by the City's ongoing planning and development efforts in the region. • Contributes to a mix of uses in the area that are compatible with each other and work together to create memorable and successful place. The proposed events vary in type from skateboard contests and camps to fashion shows and product launches. While varying in event type, each of the proposed events are compatible with another and with the strategic plan for this region of the Resort Area. For example, the products and apparel featured in the fashion shows and product launches will often be worn or otherwise used by participants in the skateboard contests or camps. The events themselves also contribute to the mix of uses in the Resort Area writ-large, as many of the proposed events pertaining to surf and skateboard culture will feature products or be coordinated with events taking place in other locations in the Resort Area. As an example, products featured in the proposed product launches or fashion shows are also featured in surf competitions or related events simultaneously happening in the Resort Area. Further,the proposed fundraising events at the subject property help to support other organizations or efforts in the region to create and further memorable and successful events,opportunities, and causes in the area. The "Dome Site",whose development is listed as#1 on the RASAP's list of priorities, is directly across from the subject property. The Dome Site has been and will continue to be a venue for compatible but distinct recreational activities, contests, and spectator events as those offered by the Applicant. Additionally, participants and spectators at the proposed events would inevitably engage in other commercial and community activities in the surrounding ViBe district,the Oceanfront Corridor, and the Boardwalk before and after the proposed events. • Is consistent with the intent of the regulations applicable to the street frontage in which it is located,as set forth in Section 2.1 of this code. The subject property is situated on Gateway and Beach Frontages,and per the aforesaid code section,the Gateway Frontage is intended to balance moving vehicles through the area with walkability and pedestrian safety, while the Beach Frontage is intended to promote high pedestrian activity associated with movement from the residential areas to the beach front. The proposed activities balance moving vehicles along with pedestrian safety in multiple ways. First, there is exclusive pedestrian access to the Subject Area from 21st street and limited vehicular access to the subject area from 20th street. During the proposed events, the applicant will restrict vehicular access from Arctic U.S. Surf Company, Inc. Agenda Item 17 Page 4 Avenue into the site, immediately adjacent to the area where the proposed events take place. In so doing,vehicular access would not interfere with pedestrian access and pedestrian safety will be upheld. The applicant will use cones, ropes, or other ingress/egress restriction methods to eliminate the possibility of moving vehicles from posing any threat of danger to participants in the events or pedestrian walkability in the area. The Code contemplates the Gateway Frontage as providing primary routes "to,through, and from the Oceanfront Resort Area." During the proposed events,vehicular passage would not be blocked on Arctic Avenue, 21st Street, nor 20th Street.The equipment, shelters, and temporary structures utilized during the proposed events remain in the parking lot of the property during said events. Consequently,the proposed events would not cut off or artificially restrict any primary routes to,through, and from the Oceanfront Resort Area. • The Alternative is physically and functionally integrated with the built environment in which it is located. The built environment in which the proposed Alternative is situated presently includes a surf and skate retail store, a hotel, a single family residence, multi-family residential buildings, and other commercial buildings. The surf and skate retail shop on the subject zoning lot, Coastal Edge Surf Shop is owned and operated by the Applicant;the patrons of the Coastal Edge Surf Shop would be patrons and participants at the proposed activities. Participants and spectators at the proposed events would also lodge in nearby hotels or short term rentals. Since the structures proposed to accompany the events would be temporary in nature(i.e.tents, ramps,food trucks, etc.),the Alternative would not present a substantial or permanent interference with any nearby building. Directly across the street (20th street)from the subject property is the Dome Site, which is currently a large public parking lot. Presently being proposed for the Dome Site is a wave park, a surf attraction which would be complimentary and compatible with the skateboarding activities being proposed in the Alternative. Additionally, retail and recreational events are being proposed at the dome site would also be consistent with what is being proposed under this application. During the peak season in the Resort Area,the Dome Site features tenants and trucks with similar features as those appearing at the proposed events for the Alternative. • The Alternative advances the goals and objectives of the parking strategy for the district(See Section 6.2 of the Form-Based Code). Parking for those participating and the applicant's skate camps is provided on site. Most participants in the applicant's camps are dropped off and picked up from the Subject Area and don't require long-term parking. Participants and spectators in the other events offered by the Applicant use public parking in the Resort Area, especially the expansive lot on the Dome Site and the public parking lot directly across the street on Arctic Avenue. The applicant does not intend to create nor construct any new or additional parking in this application. The proposals for outdoor recreation and recurring events on the site comply with the goals of RASAP 2030 to activate the streetscape. It also meets the requirements for Special Exception for Alternative Compliance, as expressed within the review standards above. Staff recommends approval of these requests with the conditions below. Recommended Conditions Special Exception for Alternative Compliance(Recurring Outdoor Special Events and Outdoor Recreation Facility) 1. Foundation Landscaping shall be planted along the western property line in accordance with the Oceanfront Form- Based Code, and the existing streetscape plantings along the rights-of-way shall remain. In the event that any of this plant material is damaged or dies, it shall be replaced in a timely manner. 2. No amplified music shall be permitted outdoors between the hours of 11:00 p.m. and 10:00 a.m. U.S. Surf Company, Inc. Agenda Item 17 Page 5 3. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise,traffic, lighting, or overflow parking. 4. A minimum of 10 bicycle parking spaces shall be provided on site. S. The Virginia Beach Special Events Office shall be notified for all special events that take place on the property. 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 proposal is located in the Central Beach District, as designated by the Resort Area Strategic Action Plan (RASAP) 2030. Two main goals for this part of the city are to create a unique sense of arrival and provide a safe and comfortable place for residents and visitors,while retaining the feel of a community-oriented oceanside resort.To support the district-wide priorities of beautification and placemaking in the resort district, staff recommends placing trash receptacles and planting shade trees on the site. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.There does not appear to be any significant natural resources or cultural features associated with the site, as it is fully developed with an existing parking lot. Traffic Impacts There is no trip generation data available for a skate park and the traffic generated by the events at the park would be based on the time of year and the number of participants. The uses are typical for the resort environment and with the exception of major events held there, would not have a significant impact on traffic on the surrounding roadways. Public Utility Impacts Water This site currently connects to City water. Sewer The site currently connects to City sanitary sewer. U.S. Surf Company, Inc. Agenda Item 17 Page 6 Public Outreach Information Planning Commission • Staff received one letter of support for this application. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022 and July 3, 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 June 27, 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 July 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departmentsJcity-clerk/city-council/Documents/BookmarkedAgenda.pdf on August 5, 2022. U.S. Surf Company, Inc. Agenda Item 17 Page 7 Proposed Site Layout DOS O TO QSTV1:71iAT ON 23 HAACH 2007,1 -• '• D C►ROPORTY SNOW ON PH MAT,AND AIAT 7HC MC UNLS AJ•0 loft nuts Di 714E 804.19I21 APE AS Rf0WI ON AILS PLAT. THE ' 0S SEAM 5 CRY MTMN THC Alit LM4S AND mom mitt-NO O CRfl40iteas or 011 81ADMOS ON AA:-PROP£R7Y DeCEPT A$SWAM THIS WW1'I1A S PREPARED Pi ROJT 8f)e£777 OT A VOX REPORT. 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P.200 S ALE;1 • 30' 23 MARCH 2007 DER/wcs PHrSrCAL SUMO qr Ft- ' KELLAM-GERWITL Lots 16, 17,18,19&20, Block 43,I Map No 2 ' _ � � Virginia Beach _ �iiC-PLAN�,a; SUNSATION I FALTY, t t.C. vJRa�MA V n ,r_ SLATE 113 VOW* , WRGPNA BEACH U.S. Surf Company, Inc. Agenda Item 17 Page 8 Proposed Offsite Parking Plan 15Spaes .. - -lip- .-„,. :-*kt 7 Total _ ,.. _tor _ �: 1 3 i.4-lit • ' I I , 4 -, i ;. _,.. .......-..._ ....._,- _ 411 ., . , __. _Itr, „.k., , : ..,, - , it-7- ii - - • Y7. t 4 U.S. Surf Company, Inc. Agenda Item 17 Page 9 Proposed Offsite Parking Location li t- - . t 411'.- .00 .---' A v ji, 'IN = Retail and 11-410fvo- - �- � - . Skate Park s� 4 ' � f_ '` �. - c9 2C6 ea 711 t *� .r4 r 305 ,. 309 3 13 t A, L L 1 0. SO t 1 ' 1. il. ill 1 Ai - , 4 1, 20 I 20 0 _--- A , it ,„ .. ,'-...,.,- -\'‘, , ' _-- - -, - ' 410-1 *AV ' '' , „' ,415-A n - 4� E y *tor , 401 - J. awl W { r '"" 401 415 "_ ., _. ---0 , .. , 10 11�- ' t Offsite ', ' 11 i n : Parkin g -_ _ 3 lk , e • lir . GP I -. '� • - 319 U.S. Surf Company, Inc. Agenda Item 17 Page 10 Site Photos low_. 4104 .....wow, _ . ._ __. ,. 3 , iARCTIC - .\-i i4F . -s.r., .,, nI �� '��"� r•' - ji':,- a..I,_,4 - •`ail , iP1 . . i .1 in i: . ,1- 41 - j7. ..., - Aid; • \\ ihilt _ w s t ' i i A \\ 44 . yy..4r is o' »r, �I�1k � _ikai .L • I 1• , Win- _ +r •R, �� -'t � U.S.a r_,„. ,, ..._,. .,. , Surf Company, Inc. 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A•-•-its•V -•-- s., --_ _ . .. ...,19..-....,_:...:_ ,.s. r.• - . .....,,.. ,..i..,.... - --ii;• , ..• ,,dr. •••• _ . • ,- • ••,.... ,AFTI.,... ..... - "... . ---________ , - - ----_ . . . * ' .... -- .-.• • - 11, ',...'•; ' dr. • . -4.5'.,, . , U.S. Surf Company, Inc. Agenda Item 17 Page 12 Disclosure Statement Disclosure Statement ,1/3 CWW,gVi'iuon«•� 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 U.S.Surf Company,Inc. Does the applicant have a representative? t Yes ❑No • If yes,list the name of the representative. Kyle D.Korte,Esq. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?it Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Deepak G.Nachnani,President;Avraham Sibony,Treasurer;Prosper Sibony,Secretary;Yaron Sibony;David Sibony • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Please see attached Exhibit A '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "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 U.S. Surf Company, Inc. Agenda Item 17 Page 13 Disclosure Statement Disclosure Statement \/13 C.a/vivo..> Planning&Community Development J 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 contingert on the subject public action?❑Yes If No • If yes,what is the name of the official or employee and what is the nature of the interest? N/A 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 o`the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions providing the service. N/A 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the company and individual providing the service. N/A 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. N/A 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm ana individual prov ding the service. N/A 5. Is there ary other pending or proposed purchaser of the subject property?0 Yes I No • If yes,idertify the purchaser and purchaser's service providers. N/A 2 l P. U.S. Surf Company, Inc. Agenda Item 17 Page 14 Disclosure Statement Disclosure Statement err cf rn.,,,r.rk f. . ,,. 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. N/A 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■No • If yes,identify the firm and individual providing the service. N/A 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?it Yes ❑No • If yes,identify the firm and individual providing the service. Wolcott Rivers,P.C.Kyle D.Korte Applicant Signature I certify;rat all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon eceipt of notification that the application has been scheduled fo,public hearing,I am responsible for updating the info n provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board • y public body or committee in connection with this application. jerk, I Appl r 'lure Print Name gnd Title 3?OL22- Date Is the applicant also the owner of the subject property? ❑Yes 01 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 Zd P4°changes•m o cat. 07/19/2022 ft"' "e "1"'"` Brandon Hackney Revised 11 09.2020 3 U.S. Surf Company, Inc. Agenda Item 17 Page 15 Disclosure Statement Exhibit A Harygul Imports Incorporated of Maryland Harygul's Halloween Chesapeake Square,LLC Haryguls Halloween LLC Coastal Edge Chesapeake Square,LLC Coastal Edge Entertainment,LLCs Coastal Edge Lynnhaven,LLC Coastal Edge USA,LLC G&D Entertainment,LLC Coastal Edge Chesapeake,LLC Fireballz USA,LLC • U.S.Surf Company, Inc. Agenda Item 17 Page 16 Disclosure Statement Disclosure Statement �*we1' Planning&Community Development Owner Disclosure Owner Name Sunsations Realty,L.L.C. Applicant Name U.S.Surf Company,Inc. Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? I Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below (Attach a list if necessary) Yaron Sibony,Member;Prosper Sibony,Member;Avi Sibony,Member;and David Sibony,Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Please see attached Exhibit B Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an nterest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? N/A '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "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. i!J . 5 P.. U.S. Surf Company, Inc. Agenda Item 17 Page 17 Disclosure Statement Disclosure Statement \hrii of rivigs bath 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. Banner Life Insurance Company,Liberty Life Assurance Company of Boston,Peerless Insurance Company,PL Mortgage Fund,LIC 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. N/A 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. N/A 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. N/A 5. Is there any other pending or proposed purchaser of the subject property?❑Yes it No • If yes,identify the purcraser and purchaser's service providers N/A 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 individua'providing the service N/A 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. N/A Revised 11 09.2020 6 I P U.S. Surf Company, Inc. Agenda Item 17 Page 18 Disclosure Statement Disclosure Statement r', 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 Ill No • If yes,Identify the firm and individual providing legal the service. N/A Owner Sii~nature I certify that ail of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of nobfication that the application has been scheduled for public hearing,I am responsible for updating the information provided horein two weeks prior to the meetlnr,of Platminy Commission,City Councl,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. _44.0000.1t: Owner Signatu —Varip-) ry1DTtQ.r2.Print Name and Title I Aq - - — - Date t;e.ds_C'..OS. 1920 7J?age U.S. Surf Company, Inc. Agenda Item 17 Page 19 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. U.S. Surf Company, Inc. Agenda Item 17 Page 20 Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 17 U.S. Surf Company, Inc. [Applicant] Sunsations Reality, LLC [Property Owner] Alternative Compliance [Recurring Special Events, Outdoor Recreational Facility] Addresses: 2017 Arctic Avenue, 317 20th Street RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: Thank you. The next agenda item is #17, the U.S. Surf Company Incorporated for an Alternative Compliance for Recurring Special Events, Outdoor Recreational Facility at 2017 Arctic Avenue and 317 20th Street. State your name, sir. Mr. Korte: Good afternoon, Vice Chairman, Chairman, members of the Planning Commission. My name is Kyle Korte, Virginia Beach attorney. I represent the applicant U.S. Surf Company, and the property owner Sensations Realty, and all the conditions are acceptable. Mr. Alcaraz: Thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I ask Commissioner Bradley to read this for the record. Mr. Bradley: The applicant is requesting a special exemption for Alternative Compliance for Recurring Outdoor Special Events for Outdoor Recreation Facility specifically for a skate park. The skate park is currently in operation. There have been numerous special events including skate camps and contests along with many other events that have been held on the property over the years. The request is to bring the site into compliance and obtain the proper permits. The zoning lot for this proposal spans between 20 Street and 21st Street along the east side of Arctic Avenue and consists of three parcels. Staff recommends this item. They are known no speakers against it. So Planning Commission decided to put it on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think, there are a couple. So do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On #17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items #18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5, 7, 10, 11, 12, 13, 14, 15,and 16 have been recommended for approval by consent. Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 9 1 NAY 0 ABS 1 ABSENT 1 Alcaraz ABSTAIN Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner ABSENT CONDITIONS Special Exception for Alternative Compliance (Recurring Outdoor Special Events and Outdoor Recreation Facility) 1. Foundation Landscaping shall be planted along the western property line in accordance with the Oceanfront Form-Based Code, and the existing streetscape plantings along the rights- of-way shall remain. In the event that any of this plant material is damaged or dies, it shall be replaced in a timely manner. 2. No amplified music shall be permitted outdoors between the hours of 11:00 p.m. and 10:00 a.m. 3. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, lighting, or overflow parking. 4. A minimum of 10 bicycle parking spaces shall be provided on site. 5. The Virginia Beach Special Events Office shall be notified for all special events that take place on the property. 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. Hunter D. Hanger 2000 Artie Ave, LLC 618 Village Drive, Suite J Virginia Beach, VA 23454. 757-351-1510 April 22, 2022 City of Virginia Beach Planning and Community Development Department 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 RE: CUP Application Property: 2017 Arctic Avenue Dear Sir or Madam: As owner of the property located directly across the street from 2017 Arctic Avenue, I am writing this correspondence in support of the pending CUP Application filed by U.S. Surf Company, Inc. The skate park is well attended to by the store and not a distraction to my law firm next door. Additionally, I am requesting that the CUP Application be supported by the Planning Commission and City Council. Thank you for your consideration in this matter. Should you have any questions, please do not hesitate to contact me. Sincerely, l � Hunter D. Hanger L. 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 POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TA/ITA CITIZENS ADVISORY COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** 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@a,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=e 1104f3 cd 16f9aba912edc04cfl0bce409 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 9, 2022. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/12/2022 PAGE: 1 B AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 V W W U R E L A R T I 0 C A DNCCMO 0 L O C N Y L 0 A OUWS T HCEEMNS S EOE I H R Y B T S ERNN CITY COUNCIL'S BRIEFING A. MILITARY AVIATION MUSEUM Dr.Glenn R.Carwell B. CITIZENS COMMITTEE ON BOARDS AND James B.(Jimmy) COMMISSIONS Wood,Chair C. 5/31 MEMORIAL COMMITTEE UPDATE Dr.Larry Schooler, Director—Kearns& West Members of the 5/31 Memorial Committee II. CITY MANAGER'S BRIEFING A. TIDEWATER COMMUNITY COLLEGE Taylor V.Adams, (TCC)HOTEL UPDATE Deputy City Manager IV. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS V- CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 Y A Y Y Y Y Y Y Y Y VII A-E F. MINUTES APPROVED 8-0 Y Y Y Y Y Ay Y A Y I. INFORMAL and FORMAL SESSIONS r r A A July 5,2022 I ' N N E E D D G. MAYOR'S PRESENTATION 1. 60`h ANNIVERSARY AWARDS Tom Leahy H. BID OPENING 1. NON-EXCLUSIVE FRANCHISE FOR USE OF CITY RIGHTS-OF-WAY Telecommunications Services I. PUBLIC HEARINGS 1. NON-EXCLUSIVE FRANCHISE USE 1 Speaker Crown Castle Fiber,LLC Vero Fiber Networks,LLC 2. PROPOSED INCREASE TO MAXIMUM RATES FOR TAXICABS 1 Speaker ADD Ordinance to AUTHORIZE the City Manager to ADDED 10-0 Y Y Y Y Y Y Y Y Y Y ON EXECUTE a Sponsorship Agreement re East Coast Surfing Championships and APPROPRIATE S750,000 from Tourism Investment Program(TIP)Fund to FY2022-23 Convention and Visitors Bureau Operating Budget CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/12/2022 PAGE: 2 B AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 V W W U R E L A R T I O C A DNC C M O 0 L O C N Y L 0 A OUWS T HCEEMNS S EOE IHR Y B T S ERNN K.I. Ordinances to GRANT Nonexclusive ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Franchise Agreements for Telecommunication CONSENT Services: a. Crown Castle Fiber,LLC b. Vero Fiber Networks,LLC K.2. Ordinance to AMEND City Code Section DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y Chapter 23, Article II re noise (Requested by OCTOBER 18,2022 Council Members Tower and Moss)(Deferred from June 7,2022) K.3. Ordinance to REPEAL Section 36-73 and ADOPTED 9-0 Y Y Y A Y Y Y Y Y Y AMEND Section 36-172 of the City Code re taxicabs(Requested by Vice Mayor Wilson) K.4. Resolution to DIRECT the City Manager to ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y WITHDRAW his letter(dated May 16,2022) CONSENT withdrawing the City from the Master Agreement with Hampton Roads Economic Development Alliance (HREDA) re regional economic development K.5. Resolution to SUPPORT the City's 2022 Project ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Applications to the Virginia Department of CONSENT Transportation (VDOT) SMART SCALE Program K.6. Ordinance to DONATE a surplus fire engine ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y and equipment to the Alicia Volunteer Fire CONSENT Department in Alicia,Arkansas K.7. Ordinances to ACCEPT and APPROPRIATE: a. $7,000 donation from AARP Virginia to the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y FY 2022-23 Parks and Recreation Operating CONSENT Budget re reimburse for some of the costs associated with the FitLot Dedication and Fun Day event b. $5,722,478 in State revenue to the FY 2022-23 ADOPTED,BY 9-0 Y Y Y Y Y B YYY Y School Operating Fund and S6,472,855 in CONSENT revenue from the federal government to the FY A 2022-23 Schools Categorical Grants Fund D C. S101,640 In Lieu of Park Reservation from the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Prosperity at the Pines Subdivision to the CIP CONSENT #100320, Parks/Special Use Facility Development and Renovations III K.8. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y EXECUTE a Sponsorship Agreement re East CONSENT Coast Surfing Championships and APPROPRIATE S750,000 from Tourism Investment Program(TIP)Fund to Convention and Visitors Bureau Operating Budget CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/12/2022 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 V W �' U R E L A R T I O C A DNCCMO 0 L O C N Y L 0 A OUW S T HCEEMNS S EOE I H R Y B T S ER N N L.1. CRAIG M. & KRIS C. KIRBY for a Street APPROVED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Closure re 563 square feet of an unimproved CONSENT alley adjacent to 631 Vanderbilt Avenue DISTRICT 5(Formerly District 6—Beach) L.2. VICTORIA KOZIOL for a Conditional Use APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y Permit re short term rental at 901-C Pacific CONDITIONED,BY Avenue DISTRICT 5 (Formerly District 6 — CONSENT Beach) L.3. LONGCREEK, LLC for a Conditional Use APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y Permit re short term rental at 4005 Atlantic CONDITIONED,BY Avenue, Unit 218 DISTRICT 6 (Formerly CONSENT District 6—Beach) L.4. THOMAS C.LOPRESTI fora Conditional Use APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y Permit re short term rental at 425 21"Street CONDITIONED,BY DISTRICT 6(Formerly District 6—Beach) CONSENT L.5. CRAIG&APRIL DEAN fora Conditional Use APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y Permit re short term rental at 515 20th Street CONDITIONED,BY DISTRICT 6(Formerly District 6—Beach) CONSENT L.6. Ordinance to AMEND Section 111 of the CZO APPROVED,BY 10-0 Y Y Y Y Y Y Y Y Y Y to ADD terms related to Energy Storage CONSENT Facilities;Ordinance to ADD Section 225.02 to the CZO to ADD requirements to Energy Storage Facilities;Ordinance to AMEND Sections 1001 of the CZO to include Energy Storage Facility as a use permitted with a Conditional Use Permit in the I-1 and I-2 Districts (Sponsored by Vice Mayor Wilson)(Deferred from May 17,2022) M. APPOINTMENTS RESCHEDULED B Y CO N SENS U S 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 HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WET!ANDS BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/12/2022 PAGE: 4 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 V W W U R E L A R T I 0 C A DNC C M 0 0 L 0 C N Y L 0 A OUWS T HCEEMNS S EOE I H R Y B T SE R N N CLEAN COMMUNITY COMMISSION Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y Terry Stevens Unexpired Term thru 3/31/2023 +3 Year Term 4/1/2023-3/31/2026 FLOOD PREVENTION BOND Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y REFERENDUM OVERSIGHT BOARD Usha Eleswarrapu- Representing Natural Resource/ Environmental Science Allison R.Hammer- Representing Citizen James McCune- Representing,Finance Scott Miller- Representing Citizen Robert Radspinner- Representing Civil Engineer Emily Steinhilber- Representing Environmental Science Jeffrey Waller- Representing Engineer No Term STORMWATER APPEALS BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y Bill Brunke- Representing Full Member Thomas Dillion- Representing Alternate Member Thomas Leahy- Representing Full Member/Chemistry Lynn Y.Moon- Representing Alternate Member 3 Year Term 7/12/2022-6/30/2025 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 7:32 P.M.