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1-16-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large IA-8 VICE MAYOR ROSEMARY WILSON-District 5 MICHAEL F.BERLUCCHI-District 3 0 BARBARA M.HENLEY-District 1 ?• VACANT-District I U I `� ROBERT W. "WORTH"REMICK-District 6 DR.AMELIA N.ROSS-HAMMOND-District 4 JENNIFER ROUSE-District 10 JOASHUA F. "JOASH"SCHULMAN-District 9 °F o°, .."'o CHRIS TAYLOR-District 8 SABRINA D. WOOTEN-District 7 CITYIIALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PA TRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITYATTORNEY-MARKD.STILES CITY COUNCIL AGENDA PHONE.(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITYAUDITOR-LYNDONS.REMIAS January 16,2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFING - Conference Room- 3:30 PM A. GENERAL ASSEMBLY LEGISLATIVE UPDATE Brent McKenzie, Legislative Affairs Liaison II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM III. CITY COUNCIL AGENDA REVIEW 4:15 PM IV. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Reverend Dee Dee Carson Pastor, First Presbyterian Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MAYOR'S PRESENTATION 1. NATIONAL SLAVERY AND HUMAN TRAFFICKING PREVENTION MONTH - PROCLAMATION Lisa Kersey—Freekind Naomi Estaris—EnJewel H. PUBLIC HEARING 1. ACQUISITION BY AGREEMENT OR CONDEMNATION Centerville Turnpike Phase II Project I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES /RESOLUTIONS 1. Ordinance to AUTHORIZE a 20' (3,216 square feet) Utility Easement across a portion of the City's Lake Gaston Pipeline to Greensville County Water and Sewer Authority and DECLARE such easement to be in EXCESS of the City's needs 2. Resolution to DISSOLVE the Investigation Review Panel 3. Ordinance to EXTEND the date to satisfy the conditions re closing approximately 21,961 square feet portion of former Princess Anne Road adjacent to 2040 Nimmo Church Lane 4. Resolution to DIRECT the City Manager to undertake an Economic Impact Study and Infrastructure Cost Analysis for the Virginia Beach Sports and Convention District (the "District") and PROVIDE further direction on the Land Use Plan that includes the District re Capstone Proposal(Requested by Mayor Dyer) 5. Ordinance to ACCEPT and APPROPRIATE $125,092 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re substance abuse prevention and treatment programs 6. Ordinance to ACCEPT and APPROPRIATE $116,558 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re STEP-VA initiative 7. Ordinance to ACCEPT and APPROPRIATE $46,300 from the Virginia Department of Criminal Justice Services to the FY 2023-24 Human Services Operating Budget re Community Corrections and Pretrial Services 8. Ordinance to TRANSFER $25,000 from the General Fund Reserve for Contingencies to the Non-Departmental Operating Budget and AUTHORIZE the City Manager to EXECUTE a sponsorship agreement with the Urban League of Hampton Roads, Inc. re 40t'Annual Martin Luther King,Jr.Awards Breakfast(Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Ross-Hammond and Schulman) 9. Ordinance to TRANSFER $150,000 from the General Fund Reserve for Contingencies to the Department of Cultural Affairs and AUTHORIZE a grant to the Virginia Musical Theatre, Inc. re support its productions (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Henley, Remick, Ross-Hammond and Schulman) K. PLANNING 1. MATTHEW A. GALUMBECK & JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION,A DEFUNCT CORPORATION for a Street Closure re a portion of an unimproved lane adjacent to the rear of 7502 & 7504 Atlantic Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 2. RAHSHA BATISTE / VICINITY HOLDINGS, LLC for a Change of Zoning from 0-2 Office District to B-2 Community Business District and a Conditional Use Permit re tattoo parlor at 3396 Holland Road DISTRICT 10 RECOMMENDATION: APPROVAL 3. JAMILA BARNES / EXECUTIVE COVE, LLC for a Conditional Use Permit re tattoo parlor at 5608 Virginia Beach Boulevard, Suite 505 DISTRICT 4 RECOMMENDATION: APPROVAL 4. TIFFANY LUONG / CHAMBORD COMMONS, LLC for a Conditional Use Permit re tattoo parlor at 332 North Great Neck Road, Suites 103 & 104 DISTRICT 6 RECOMMENDATION: APPROVAL 5. ALLIENA WESTLEIGH / SAW CONTRACTING, INC for a Conditional Use Permit re residential kennel at 5205 Shore Drive DISTRICT 9 RECOMMENDATION: APPROVAL L. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda(including all backup documents) is available at https://clerk.virginiabeach. og_ v/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 TCheliusavbgov.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/weblink/register/rc76dc873 fdaf47312d75dd4a442c6e6l 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on January 16, 2024. I. CITY MANAGER'S BRIEFING - Conference Room- 3:30 PM A. GENERAL ASSEMBLY LEGISLATIVE UPDATE Brent McKenzie, Legislative Affairs Liaison II. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 4:00 PM III. CITY COUNCIL AGENDA REVIEW 4:15 PM IV. INFORMAL SESSION -Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber- 6:00 PNI A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Reverend Dee Dee Carson Pastor, First Presbyterian Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MAYOR'S PRESENTATION 1. NATIONAL SLAVERY AND HUMAN TRAFFICKING PREVENTION MONTH - PROCLAMATION Lisa Kersey—Freekind Naomi Estaris—EnJewel G�NIA.BEA U — — g9'Fs '®S$»88�A 0�6 Op RUR NO3,0%- Prodamatiott Mereas. Human trafficking is a form of modern-clay slavery where people profit from the control and e,?loitation of others.This includes se,traffiicking,forced156oranddomestic servitude,-and "Tienw, .9fuman trafficking erodes personafdignity anddestroys the moralfabric of society. It is an affront to humanity that tragicaQy reaches ad parts of the world,including 71ampton Wpads and Virginia Beach Teople of every age,gender,race,religion,and nationa&ty are devastated by this grave offense;and %*eftar Even though awareness of this crime is growing,human trafficking continues to go unreporteddue to its isolating nature, the misunderstanding of its definition,and the lackof awareness about its indicators,-and 10wreas. Increased community education on how to identify victims of human trafficking along with increased knowledge of local resources and services for those affectedly these criminalactions can help restore freedom and dignity to identified'survivors,as wellas help diminish the number of future victims;and Merear Naomi Estaris is a longtime advocate,community leader against human trafficking and the organizer of'Enjewel((Equality and justwe for Every Woman Every Lanai 'Enlewel is a non- profit organization that was created to eradicate human trafficking local£y andglo6ally. Naomi coWorates with localleaders to engage the community 6y providing education regarding possible targets of human trafficking as wed as empowering victims,individuals,and local businesses to worktogether towards eliminating human trafficking within our community;and Wiry as.• During NatwnalSlavery and0uman Trafficking Prevention 3Konth,we reaffirm our unwavering commitment to raise awareness of andworkto eradicate this horrific injustice. Now,gEvrfort I,Wp6ert W. "Bobby"Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim.• January 16th Nation afSCavery and dMuman Trafficking Pmention Wonth In`fVOia Beach,I callupon all citizens to become more informedon this growing pro6lem,to be vigilant andreport suspicious activity,and to worktowards solutions to end trafficking in affits fornu in our community. In 'Wamus `6td awf, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia to be affrxed this Sixteenth Day ofYanuary,Two 7housandandTwenty-Tour, �Rpbert 91f. "Bobby"Dyer Wayor H. PUBLIC HEARING 1. ACQUISITION BY AGREEMENT OR CONDEMNATION Centerville Turnpike Phase II Project f; PUBLIC HEARING ACQUI_STION BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, January 16,2024 at 6:00 p.m.,in the City Hall Building(Building#1)at the Municipal Center, Virginia Beach, Virginia,on the proposed acquisition by agreement or condemnation of property and easements necessary for the Centerville Turnpike Phase II Project(the"Project").The purpose of this hearing is to obtain public input regarding authorizing condemnation, if necessary,for the Project. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 3854303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions should be directed to the Department of Public Works/Office Real Estate, Building #23, 2473 North Landing Road, at the Virginia Beach Municipal Center, (757)385-4161. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the Wel at: httRc'LL6ov.wehP.x.rnm/we biink/regjctet/rc76dc873fdaf 473 2d75dd4a44 c6P61 2. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m. on January 16,2024. All interested parties are invited to participate. Amanda Barnes,MIMIC City Clerk PILOT-SUNDAY,JANUARY 7,2024 t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Centerville Turnpike Phase II Project, CIP 100057 (formerly CIP 2-409), 100451 (formerly CIP 5-251), 100452 (formerly CIP 6-556), and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: January 16, 2024 MEETING DATE: February 6, 2024 Background: The Centerville Turnpike Phase II Project, CIP 100057, 100451 and 100452 (collectively, the "Project") will widen this urban arterial roadway from its current two-lane configuration to a four-lane divided highway for enhanced safety and increased capacity. The current existing two-lane road carries 19,078 vehicles per day and has a projected volume of 36,000 in 2040. ■ The Project improvements will span approximately 1 .85 miles, from Indian River Road to Kempsville Road. The posted speed limit will remain at 35 mph. The proposed roadway will consist of 11-foot-wide travel lanes and 4-foot-wide dedicated bike lanes with curb and gutter. Sidewalks will be provided along both sides of the roadway. The west side will have an 8-foot-wide sidewalk and the east side will have a 5-foot-wide sidewalk. Intersections will be improved to enhance turning movements, pedestrian accessibility, and signal performance. Water and sewer upgrades will be constructed within the Project corridor. The Project will also include stormwater improvements for water quality and quantity. ■ Considerations: The Project will require property and easements from 50 privately owned parcels and approximately 9 City-owned parcels. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. In 2016 City Council approved an ordinance (ORD-34520) authorizing acquisition by agreement or condemnation to acquire two properties that were known early to be needed in their entirety. Both of those properties have been acquired. ■ Public Information: A Citizen's Information meeting was held on January 22, 2015. A public hearing will be held on January 16, 2024, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which will delay the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE CENTERVILLE TURNPIKE PHASE II 4 PROJECT, CIP 100057 (FORMERLY CIP 2- 5 406), 100451 (FORMERLY CIP 2-251), 100452 6 (FORMERLY CIP 6-556), AND THE 7 ACQUISITION OF TEMPORARY AND 8 PERMANENT EASEMENTS, BY AGREEMENT 9 OR CONDEMNATION 10 11 WHEREAS, the Centerville Turnpike Phase II Project, CIP 100057(formerly CIP 2- 12 409) includes widening of Centerville Turnpike from its current two-lane configuration to a 13 four-lane divided highway for enhanced safety and increased capacity. The current existing 14 two-lane road carries 19,078 vehicles per day and has a projected volume of 36,000 in 15 2040; and 16 17 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 18 public necessity exists for the construction of this important roadway project to improve 19 transportation, public utilities and stormwater within the City and for other related public 20 purposes for the preservation of the safety, health, peace, good order, comfort, 21 convenience, and for the welfare of the people in the City of Virginia Beach. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 Section 1. That the City Council authorizes the acquisition by purchase or 27 condemnation pursuant to Sections 15.2-1901, et seg., Sections 33.2-1007, et seg., and 28 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 29 simple, including temporary and permanent easements and entire tracts upon which such 30 rights of way or easements shall be located within the limitations and conditions of Section 31 33.2-1007 of the Code of Virginia 1950, as amended (the "Property"), as shown on the 32 plans entitled "CENTERVILLE TURNPIKE PHASE II CIP 100057 (FORMERLY CIP 2- 33 409), 100451 (5-251), 100452 (6-556) PWCN 11-0212 FROM: KEMPSVILLE ROAD TO: 34 INDIAN RIVER ROAD" (the "Project"), and more specifically described on the acquisition 35 plats for the Project (plats and plans collectively referred to as the"Plans"), the Plans being 36 on file in the Engineering Division, Department of Public Works, City of Virginia Beach, 37 Virginia. 38 39 Section 2. That the City Manager is hereby authorized to make or cause to be made 40 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 41 offer to the owners or persons having an interest in said Property. If refused, the City 42 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 43 condemn said Property. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 , 2024. CA16254 PREPARED: 12/5/23 R-1 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY P BLIC WOR S REAL ESTATE CITY ATTORNEY '®G'♦>t� ,��"II dune {1 �+♦ i'{�.y�► , ® 1♦ ! ♦ 0 •Id `� . 'R a� A �ogp1! a\� toll � LKr•+�a s ♦ Oo ® �� ► �� tie:..`L qs` ♦�.wt*i�� o♦♦�e ..k, E �(LI P�F�,�, a�r*ass r ♦��A�.� 1 r WWI I N t ♦ .,\♦ .♦/,� ;� Milo ME'- �1 O 9 J ♦ J .� ♦ t° ♦" fit V r• �1 ' , .. ♦♦ �,.e��e:��'A0�`*".r5i� ��'��.�,�•��••♦,w ••. � �Q�w�� .. 4 '��'�fit/ '-"" * ♦ � �►s, eeNOW9 ,•'. 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' •J�'`i' ` .'A ��'y' �7 �,.'JYrTs •i �1 C'* t�,= `qt, A C.`! ,yi- J/�/ �' �\ // /��, �",1y.' t•^•1�. ♦ `�!�w C'iti��H� `i 'icy hy'$� c� WN, � .'�.� \�`///Il��`�,• 41�1`�4,t �'�7�� `y� r1 �ti t'•.4`'��A �`F�`�•w�'�• Jc> C`'��Ys•.�' „ w♦ •."� � I �� . 'R`. ,y '�� + `.t �w�''j. `;L� a�'9i� �L'4•�i.`..��1a'w`�rY y��y .�d1 , `•" ►: �� •��I /`� .'"��Y�,4 ��y 9i L-]j�\\.�y'Oih.�� S„��•,p ` .,tw ♦��{�`�4 Dr '% 1✓D�V♦ ': .: �+ •c`Vr��i e♦ O 1�♦♦•s,. ♦�� .�, t9 �+J • • 11-1111 will \:t. • .�O . . . . t . O Project Area City Property •, • • • • ••• • 1 �� • EmsI in r III I I I I I Tillill 11111 111 Fill • 11 • I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE a 20' (3,216 square feet) Utility Easement across a portion of the City's Lake Gaston Pipeline to Greensville County Water and Sewer Authority and DECLARE such easement to be in EXCESS of the City's needs 2. Resolution to DISSOLVE the Investigation Review Panel 3. Ordinance to EXTEND the date to satisfy the conditions re closing approximately 21,961 square feet portion of former Princess Anne Road adjacent to 2040 Nimmo Church Lane 4. Resolution to DIRECT the City Manager to undertake an Economic Impact Study and Infrastructure Cost Analysis for the Virginia Beach Sports and Convention District (the "District") and PROVIDE further direction on the Land Use Plan that includes the District re Capstone Proposal(Requested by Mayor Dyer) 5. Ordinance to ACCEPT and APPROPRIATE $125,092 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re substance abuse prevention and treatment programs 6. Ordinance to ACCEPT and APPROPRIATE $116,558 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re STEP-VA initiative 7. Ordinance to ACCEPT and APPROPRIATE $46,300 from the Virginia Department of Criminal Justice Services to the FY 2023-24 Human Services Operating Budget re Community Corrections and Pretrial Services 8. Ordinance to TRANSFER $25,000 from the General Fund Reserve for Contingencies to the Non-Departmental Operating Budget and AUTHORIZE the City Manager to EXECUTE a sponsorship agreement with the Urban League of Hampton Roads, Inc. re 401h Annual Martin Luther King,Jr.Awards Breakfast(Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Ross-Hammond and Schulman) 9. Ordinance to TRANSFER $150,000 from the General Fund Reserve for Contingencies to the Department of Cultural Affairs and AUTHORIZE a grant to the Virginia Musical Theatre, Inc. re support its productions (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Henley, Remick, Ross-Hammond and Schulman) r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize granting a 20' (3,216 sq. ft.) utility easement across a portion of the City's Lake Gaston Pipeline property located in the Town of Jarratt, Greensville County, Virginia to Greensville County Water & Sewer Authority and declaring such easement to be in excess of the City's needs PUBLIC HEARING DATE: January 2, 2024 MEETING DATE: January 16, 2024 Background: The City of Virginia Beach owns and maintains the Lake Gaston Pipeline, which extends from Brunswick County to Isle of Wight County (the "Pipeline"). The Pipeline provides water from Lake Gaston to the City of Virginia Beach. The Pipeline runs through a City-owned right-of-way, a portion of which intersects with South Allen Road (Route 610) in the Town of Jan-aft in Greenville County, Virginia (the "Property"), The section of the Property that will be affected is adjacent to the eastern side of Route 610. Greensville County Water & Sewer Authority ("GCWSA") has requested that the City grant a 20'-wide utility easement (approximately 3,216 sq. ft. /0.074 acres) across a portion of the Property to install and maintain buried pipes consisting of an 18" waterline in a 30" bored casing that will serve Greensville County. > Considerations: Granting an easement over the Property to GCWSA would not interfere with or limit the City's use of the Pipeline. No payment is being required for the conveyance of this Easement because the Greensville Authority is a political subdivision, and the City committed to cooperate In such matters at the time the Pipeline corridor was established. Although the Department of Public Utilities may consider requiring payment for future easement requests to cover staff time, consultant review, and appraisal costs, the City has not charged for previous easements. Public Information: Advertisement of Public Hearing and public notice via the normal City Council agenda process, Alternatives: Deny the easement, or add conditions as desired by Council. Recommendations: Approval. Attachments: Ordinance, Exhibit A, Summary of Terms and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:/� 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE GRANTING A 20' 4 (3,216 SQ. FT.) UTILITY EASEMENT ACROSS A 5 PORTION OF THE CITY'S LAKE GASTON PIPELINE 6 PROPERTY LOCATED IN THE TOWN OF JARRATT, 7 GREENSVILLE COUNTY,VIRGINIA TO GREENSVILLE 8 COUNTY WATER & SEWER AUTHORITY AND 9 DECLARING SUCH EASEMENT TO BE IN EXCESS OF 10 THE CITY'S NEEDS 11 12 WHEREAS,the City of Virginia Beach owns and maintains the Lake Gaston 13 Pipeline,which extends from Brunswick County to Isle of Wight County(the"Pipeline'), and 14 provides raw water from Lake Gaston to the City of Virginia Beach; 15 16 WHEREAS, a portion of the City-owned right-of-way through which the 17 Pipeline runs, intersects with South Allen Road (Route 610) in the Town of Jarratt, 18 Greensville County, Virginia (the "Property"); 19 20 WHEREAS, Greensville County Water & Sewer Authority ("GCWSA") has 21 requested that the City grant it a 20' utility easement consisting of approximately 3,216 sq. 22 ft.(0.074 acres)(the "Easement")across a portion of the Property in the location shown on 23 the plat attached hereto as Exhibit A and made a part hereof, for the purpose of installing 24 and maintaining buried pipes with an 18" waterline in a 30" bored casing that will serve 25 Greensville County; and 26 27 WHEREAS, Public Utilities has advised that granting the Easement will not 28 interfere with the City's operation of the Pipeline. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 33 That the Easement is hereby declared to be in excess of the City's needs, 34 and the City Manager is hereby authorized to execute the necessary documents to grant 35 the Easement as shown on the plat attached hereto as Exhibit A and made a part hereof; 36 and 37 38 That the documents granting the Easement shall be consistent with the 39 Summary of Terms attached hereto as Exhibit B and made a part hereof, with such other 40 terms, conditions or modifications as may be acceptable to the City Manager and in a form 41 deemed satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 day of 2024, i THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL CAI 6240 R-1 PREPARED: 11/7123 llvbgov.cornWfs I lapplicabonslcitylawlcyoom32lwOocsWo131po48=925998.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P L WOR S, REAL ESTATE CITY ATTORNEY APPROVED AS TO CONTENT: UP 1LIC UTI ITIE , ENGINEERING 2 Tgo� � l •�A OU Us. 046M O " ,\P 09/07/23 yy TA Vm 2tce yqlt'^ % bor?r� A*2 PEROP ANENLl M UTILITY EASEA NT 1 Easement Lho Table C-4 Line# Bearing Length L1 N28'56'06'E 1W.99' - `>> 9 ` L2 N82'3T 39'W 21.50' \ L3 N28'56'06"E 160.59' 1t 1 � ace. L4 S83'38'12"E 21.85' L5 N82'3T 39'W 38.41' TAX MAP#:12132-7-F-5 N/F THE CITY OF VIRGINIA BEACH L8 383°36'4*82.3W THERE ARE 0.07 AC3(3,216SOFT)INPROPORTION OF THE 20 FT.VIDEL7 S82'38' PROPOSED PERMANENT UTILITY EASEMENT `�!•` $ 1 —- A. EXHIBIT A SEPTEMBER 7,2023 pmmq' ' _ SCALE: 1"= 50' OWNER: LEGEND NAME: GREENSVILLE COUNTY WATER&SEWER AUTHORTY CONTACT: GLEN GIBSON ADDRESS: 1781 GREENSVILLE COUNTY CIRCLE _ —''— PROPOSED EASEMENT EMPORIA,VIRGINIA 23847 EXISTING EASEMENT PHONE: (434)346-4213 EXISTING OVERHEAD POWER EXISTING WATERLINE PROPERTY INFO: EXISTING FORCEMAIN TAX MAP*:12B2-7-F-5 _ EXISTING PAVEMENT SURVEY DATUM:NAD83,VA STATE PLANE,SOUTH ZONE EXISTING BUILDING/STRUCTURE -k\ti•0JwW\orwwwA@ 0wnbVJun1*0\WIP\2M6-Jwmtt WTP S-WO E VWQ\WL-NkLC+9 s,v m. 2W- 10:eo.m_, EXHIBIT"B" SUMMARY OF TERMS GRANTOR: City of Virginia Beach GRANTEE: Greensville County Water& Sewer Authority EASEMENT: 20' utility easement, consisting of 3,216 sq. ft., or 0.074 acres, more or less, crossing the City's right-of-way housing the City's Lake Gaston Raw Water Pipeline and lying adjacent to the western right-of-way line of South Allen Road (Route 610) in Greensville County, Virginia CONSIDERATION: No consideration will be required CONDITIONS OF SALE: • The Grantor shall have the right but not the obligation to repair or remove the Grantee's facilities in the Easement in the event of an emergency, public necessity or public safety, and Grantee shall bear all costs and expenses of such repair or removal. • The Grantee shall indemnify, hold harmless and defend the City anddits agents and employees from all claims, damages, losses and expenses in case it shall be necessary to file or defend an action arising out of the Grantee's use of the Easement. • No construction or maintenance of facilities, other than those specified in the Deed of Easement will be permitted. • Grantee must notify the City within at least 48-hours of construction within the right-of-way to arrange for a City representative to be on-site to oversee the construction. • If any utility conflicts are determined between the Easement and the City's use of the existing water line, work shall not commence until the City's Public Utilities Department approves all construction plan revisions. • Grantee may not charge Grantor any fees or costs for future requests to encroach into the Easement, if any, and shall review all such requests promptly. Disclosure Stalemo�nt X1 Platilling & 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 Greeneville County Water&Sewer Authority Does the applicant have a representative? I I Yes ❑ NO a If yes,list the name of the representative. Glen Gibson,GCWSA Assistant Director Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes [r No • If yes,list the names of all officers,directors,members,trustees,etc.below, (Attach a list If necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more then 50 percent of the voting power of another corporation." See State and Local Government Conflld of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(1)one business entity has a controlling ownership interest in the other business entity,(i1)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 21.09.2020 11 P a g e DisdoWre Statement iiilig C£)t;iu�ti.�tt� Known Interest by Public Official or Employee Does an offkial or employee of the Gty of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?11 Yes T 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 5 No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reakor for current and anticipated future sales of the subject property? ❑ Yes b] No o 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 V 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. S. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e aiSCFo.S.0 re St atemeri Planning& Cottinjunity 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 (RK No c 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?*1 Yes ❑ No • If yes,identify the Arm and individual providing the service. B&B Consuttants,Sam Carroll 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 K No u 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 — - Glen Gibson,GCWSA Assistant Director Print Name and Tide 11-1Q-2023 Date Is the applicant also the owner of the subject property? ❑ Yes V No • If yes,you do not need to fill out the owner disclosure statement. e • No chanps as of Date Signature Print Name Revised 3 P a g e Disclosure Statement Pt�rini�r�& Development A"`y Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 P a g e P) sdosure Statement Planning&ContuuniitY � 1)cri e�.1et1)rt tt=iii Owner Disclosure - ,•- Owner Name Applicant dame Greensville County Water&Sewer Authority Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes ❑ No s if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessaryl o 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 bl1_Public Official or Empio�-ee Does an official or employee of the City of Virginia Beads have an interest in the subject land or any proposed development contingent on the subject public action?11 YeS ❑ 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,(H)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 ( P a g e Disclosure Statement t�Cltttttltt it t�y Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateraliization,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 a if yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/reattor for current and anticipated future sales of the subject property? O Yes ❑ No • If yes,Identify the company and Individual providing the service. 3. Does the 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 archttect/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 e If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 1 P a g e Disclosure Statement l'lalini4 h Conimuiity 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 0 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 Print Name and Title ---- ——� -�� — Date f-�ised l!.f'9.2020 7 1 P a g e r,r+Q{,NU•�h l fit,,, ,.•"`` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Dissolve the Investigation Review Panel MEETING DATE: January 16, 2024 ■ Background: In 1991 , City Council adopted a resolution authorizing the City Manager to establish an Investigation Review Panel ("IRP") to review investigations into citizen complaints conducted by the Police Department's Internal Affairs when such review was requested by the citizen. In 2012, the City Council reconstituted the IRP, and it has continued to hold hearings when requested by a citizen in accordance with its Policy and Procedures. In November 2021, pursuant to new state enabling legislation that authorized the City Council to create a civilian oversight board with additional duties and powers, and in accordance with the unanimous recommendations of the Council- created Citizens Review Panel Task Force ("Task Force"), the City Council adopted an ordinance to establish the Independent Citizen Review Board ("ICRB") as the City's law- enforcement civilian oversight board. ■ Considerations: The citizens who would be appointed to the ICRB needed to be interviewed and carefully selected in order to ensure that the membership reflects the demographic diversity of the City. Additionally, the Task Force recommended that the appointed members undergo extensive training, and a board liaison needed to be hired, so the IRP has continued to function so as to ensure that citizens would have access to a citizen review panel until such time as the ICRB was ready to begin conducting hearings. The appointed members of the ICRB have undergone more than 50 hours of training, and a Board Liaison has been hired, effective January 4, 2024. The City will be ready to transition from the IRP to the ICRB by February 1, 2024, so this resolution dissolves the IRP as of that date and provides that City staff will take all steps necessary to ensure an orderly transition from the IRP to the ICRB. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution. Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: 0!9 1 A RESOLUTION TO DISSOLVE THE INVESTIGATION 2 REVIEW PANEL 3 4 WHEREAS, in 1991, the City Council adopted a resolution authorizing the City 5 Manager to establish an Investigation Review Panel ("IRP") to review investigations into 6 citizen complaints conducted by the Police Department's Internal Affairs when such 7 review was requested by the citizen; 8 9 WHEREAS, in 2012, the City Council reconstituted the IRP, and it has continued 10 to hold hearings when requested by a citizen in accordance with its Policy and 11 Procedures; 12 13 WHEREAS, in November 2021, pursuant to new state enabling legislation that 14 authorized the City Council to create a civilian oversight board with additional duties and 15 powers, and in accordance with the unanimous recommendations of the Council-created 16 Citizens Review Panel Task Force ("Task Force"), the City Council adopted an ordinance 17 to establish the Independent Citizen Review Board ("ICRB") as the City's law- 18 enforcement civilian oversight board; 19 20 WHEREAS, because the citizens who would be appointed to the ICRB needed to 21 be interviewed and carefully selected in order to ensure that the membership reflects the 22 demographic diversity of the City, and because the Task Force recommended that the 23 appointed members undergo extensive training and a board liaison needed to be hired, 24 the IRP has continued to function so as to ensure that citizens would have access to a 25 citizen review panel until such time as the ICRB was ready to begin conducting hearings; 26 27 WHEREAS, the City Council appointed the members of the ICRB, members of the 28 ICRB have undergone more than 50 hours of training, and a Board Liaison has been 29 hired, effective January 4, 2024; and 30 31 WHEREAS, the City will be ready to transition from the IRP to the ICRB by 32 February 1, 2024; 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA, THAT: 36 37 1 . The Investigation Review Panel is dissolved, effective February 1, 2024. 38 39 2. The City Council thanks the members of the Investigation Review Panel for 40 their service to the City. 41 42 3. The City Manager will direct City staff to take all steps necessary to ensure an 43 orderly transition from the IRP to the ICRB. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Cit Manager's Office City Attorney's Office CA16395 R-3 January 9, 2024 - �„u"C, /41g O CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing an Approximately 21,961 Sq. Ft. Portion of Former Princess Anne Road Adjacent to 2040 Nimmo Church Lane MEETING DATE: January 16, 2024 ■ Background: On January 17, 2023, by Ordinance ORD-3718A, City Council approved the request by Nimmo United Methodist Church ("Applicant") to close approximately 21,961 sq. ft. portion of public right-of-way known as Princess Anne Road (the "Right-of-Way"), adjacent to 2040 Nimmo Church Lane (the "Property"), for the purpose of incorporating the closed area into the Property. ■ Considerations: There were four (4) conditions to the approval of the street closure: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. The Applicants submitted a resubdivision plat to the Planning Department for review; however, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. On December 11, 2023, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD- 3718A. Staff concludes that the request for additional time is reasonable. ■ Recommendations: Allow an extension of one (1) year for satisfaction of the conditions. ■ Attachments: Ordinance, Location Map, Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department r City Manager: * 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING AN APPROXIMATELY 4 21,961 SQ. FT. PORTION OF FORMER 5 PRINCESS ANNE ROAD ADJACENT TO 2040 6 NIMMO CHURCH LANE 7 8 WHEREAS, on January 17, 2023, the Council of the City of Virginia Beach acted 9 upon the application of Nimmo United Methodist Church ("Applicant") for the closure of 10 an approximately 21,961 sq. ft. portion of public right-of-way known as Princess Anne 11 Road (the "Right-of-Way"), adjacent to 2040 Nimmo Church Lane (the "Property"), for 12 the purpose of incorporating the closed area into the Property; 13 14 WHEREAS, City Council adopted an Ordinance (ORD-3718A) to close the 15 aforesaid portion of right-of-way, subject to certain conditions being met on or before 16 January 16, 2024; and 17 18 WHEREAS, on December 11, 2023, the Applicant requested an extension of 19 time to satisfy the conditions to the aforesaid street closure action. 20 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 22 Beach, Virginia: 23 24 That the date for meeting conditions of closure as stated in the Ordinance 25 adopted on January 17, 2023 (ORD-3718A), upon application of Nimmo United 26 Methodist Church, is extended to January 16, 2025. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 29 of , 2024. No GPIN assigned (City Right-of-Way) Adjacent GPINs: 2414-05-4907, 2414-05-3573 and 2414-05-0844 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Planning Department CA 16266 \\vbgov com\dfs1\applications\cityIaw\cycom32\wpdocs\d015\p049\00932847.doc R-1 December 27, 2023 �B2 B2 AG2 R20 R20 AG2 R20 R20 Princess Anne"Road AG2 AG2 R20 R20 R20 R20 N ® site Nimmo United Methodist Church W E Property Polygons Portion of the `Old' Princess Anne Road right-of-way, S Zoning south of 2040 Nimmo Church Lane Building Feet 0 1530 60 90 120 150 180 Disclosure Statement XB Ory nJVi.*mv H'r'i. 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 Nimmo United Methodist Church Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. R. Edward Bourdon,Jr., Esq.,Sykes, Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes ❑ NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Pastor: Kotosha Griffin; Trustees/Leadership Board Members: Wanda Steffens,Todd Moissett,Gene Estes, Daniel Lear, Kohl Ratkovich,Barbara Lovering,Mary Lou Bailey, Robin Nelson,Charles Boone • 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_ocal 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 11.09.202u 1 Disclosure Statement . _- ., �: ,_ _ .m, f'up of L's`�prrFa R++xL• I Oft- .,,-,Banning & 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 R No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. Regan Knutson, RAM Bookkeeping Services 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 i Disclosure Statement City of I inlinia ON:,h 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. Eric Garner,LS,WPLarge 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • if yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy, P.0 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. le2' Wl- �IAA Applicant Signature Todd Moissett,Trustee Gene A.Estes,Sr.,Trustee Print Name and Title 2.023 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/ applicationsthat pertains to the No changes as of Date Signature 1 Print Name Revised 11.09.2020 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Manager to Undertake an Economic Impact Study and Infrastructure Cost Analysis for the Capstone Proposal for the Virginia Beach Sports and Convention District (the "District") and to Provide Further Direction Regarding the Land Use Plan that Includes the District MEETING DATE: January 16, 2024 ■ Background: The City issued a Request for Letter of Interest and Qualifications (RLIQ) for a Mixed-use Development Adjacent to the Convention Center and Sports Center in May 2022. The RLIQ is attached hereto. The City received one response to the RLIQ, from Capstone Development ("Capstone"). The City Council received a presentation from the CEO of Capstone at its October 3, 2023 Informal Session, and a copy of that presentation is attached hereto. Additionally, the City Council adopted its Focused Action Plan on October 17, 2023, and this plan directs preparation of a land use plan for the portion of the City that includes the District, and the ViBE, and the City Manager and staff are pursuing such land use plan based on the direction provided by the adoption of the Focused Action Plan. After discussion, the City Council believes having additional information regarding the economic impact — residential, retail, and hotel — of the Capstone Proposal would assist the City in reviewing the desirability of such proposal and whether the project would provide a net positive return on the City's potential investment. Also, the City Council believes an infrastructure cost analysis for the property that was the subject of the RLIQ will assist the City in understanding the costs associated with public improvements including stormwater infrastructure, public utilities, parking, and roads needed to support development on the property. The estimated cost for the economic impact study is approximately $25,000 and the estimated cost for the infrastructure cost analysis is $50,000. The City Council discussed a draft resolution at its Workshop Session on January 9, 2024. That discussion resulted in an additional section in the resolution that provides further detail about the land use study scope, input from the Historic Seatack Community, and further public input. ■ Considerations: The attached resolution directs the City Manager to undertake the economic impact study and infrastructure cost analysis of the Capstone Proposal. The results of the study and analysis will be provided to the City Council and the public. The additional direction regarding the land use study provided by the City Council on January 9th is included in the resolution. ■ Public Information: Normal Council Agenda process. ■ Attachments: Resolution; RLIQ; October 3, 2023 Presentation Requested by Mayor Dyer REQUESTED BY MAYOR DYER 1 A RESOLUTION TO DIRECT THE CITY MANAGER 2 TO UNDERTAKE AN ECONOMIC IMPACT STUDY 3 AND INFRASTRUCTURE COST ANALYSIS FOR 4 THE CAPSTONE PROPOSAL FOR THE VIRGINIA 5 BEACH SPORTS AND CONVENTION DISTRICT 6 (THE "DISTRICT") AND TO PROVIDE FURTHER 7 DIRECTION REGARDING THE LAND USE PLAN 8 THAT INCLUDES THE DISTRICT 9 10 WHEREAS, the City issued a Request for Letter of Interest and Qualifications 11 (RLIQ) for a Mixed-use Development Adjacent to the Convention Center and Sports 12 Center in May 2022; 13 14 WHEREAS, the City received one response to the RLIQ, from Capstone 15 Development ("Capstone"); 16 17 WHEREAS, the City Council received a presentation from the CEO of Capstone 18 at its October 3, 2023 Informal Session; 19 20 WHEREAS, the City Council adopted its Focused Action Plan on October 17, 21 2023, and this plan directs preparation of a land use plan for the portion of the City that 22 includes the District and the ViBE, and the City Manager and staff are pursuing such 23 land use plan based on the direction provided by the adoption of the Focused Action 24 Plan; 25 26 WHEREAS, the City Council believes having additional information regarding the 27 economic impact — residential, retail, and hotel — of the Capstone Proposal would assist 28 the City in reviewing the desirability of such proposal and whether the project would 29 provide a net positive return on the City's potential investment; 30 31 WHEREAS, the City Council believes an infrastructure cost analysis for the 32 property that was the subject of the RLIQ will assist the City in understanding the costs 33 associated with public improvements including stormwater infrastructure, public utilities, 34 parking, and roads needed to support development of the property; 35 36 WHEREAS, the estimated cost for the economic impact study is approximately 37 $25,000 and the estimated cost for the infrastructure cost analysis is $50,000; 38 39 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 The City Manager is hereby directed to undertake the aforementioned economic 43 impact study and infrastructure cost analysis for the Capstone proposal for the District. 44 The results of such study and analysis shall be presented to the City Council in a public 45 meeting. Subsequent to such presentation, the City Council desires to provide an 46 opportunity for public comment to allow the Council to receive the input of the residents 47 and other interested parties. 48 49 BE IT FURTHER RESOLVED, THAT: 50 51 For the land use study, the City Manager shall include the Virginia Museum of 52 Contemporary Art, the Visitor's Center, and the 17t' Street Corridor. The study shall 53 review compatible uses for the District including uses that are compatible with the 54 Virginia Beach Sports Center and possible action sports uses. The land use study shall 55 include input of the Historic Seatack Community. The City Manager is authorized to 56 transfer funds from available appropriations to support the costs of the land use study. 57 Such land use plan shall be presented to the City Council and the public for review and 58 comment. 59 60 Adopted by the City Council of the City of Virginia Beach, Virginia, this 61 day of , 2024. APPROVED AS TO LEGAL SUFFICIENCY: o ney Office CA-16394 R-3 January 9, 2024 The City of Virginia Beach Request for Letter of Interest and Qualifications (RLIQ) for a Mixed-use Development Adjacent to the City of Virginia Beach Convention and Sports Center SECTION 1. OBJECTIVE: The City of Virginia Beach (City) is issuing this Request for a Letter of Interest and Qualifications (RLIQ) for development of an approximately 6-acre site in the middle of the City's resort area adjacent to Convention Center. The City seeks a knowledgeable, experienced, qualified, and capable developer with a strong, cohesive internal and external development team experienced in complex multi-venue urban development projects to design, develop and construct all facets of this project. The City seeks a work, live, and play mixed-use development to enhance the current area which includes the Convention Center and recently added Sports Center. The mixed-use development of the highest quality should include housing (along with a component of workforce housing), destination retail and structured parking which could support the proposed development as well as support the adjacent Convention Center and Sports Center. The City or its City of Virginia Beach Development Authority (VBDA) intends to enter into a development agreement with a selected developer in accordance with the terms agreed on by the parties. The City intends to retain title to this property and anticipates any development arrangement to be done pursuant to a lease to the master developer. The City can enter into a lease for a term of up to forty (40) years. SECTION 2. DEVELOPMENT SITE ZONING: The proposed site is zoned Oceanfront Resort District Form-Based Code (OR). The OR district allows a wide variety of uses and encourages mixed-use developments. The zoning regulations are designed to encourage urban scale development, pedestrian interaction with the development, and uses that promote integration of and connectivity between the Oceanfront Corridor, the ViBe Creative District, the Convention and Sports Centers. The OR District Form Based Code can be viewed online at https://www.vbqov.com/government/departments/sqa/projects/Documents/20171205- ORDFBC.pdf SECTION 3. BACKGROUND: Virginia Beach is the largest city in Virginia with a population approaching 460,000. The City is a major national contender in economic development, tourism and conventions/business. Located in the state's southeast corner, on the Atlantic Ocean, the Virginia Beach Metropolitan Statistical Area is the 347th largest in the United States with a regional population of more than 1.7 million people living in nearby cities including Norfolk, Hampton, Chesapeake, and Williamsburg. Virginia Beach is an urban center, with tourism as one of its major industries. Virginia Beach is the #1 vacation destination in the Commonwealth of Virginia and has become a year round tourism and convention destination. Virginia Beach's 500,000 gross foot Convention Center (designed by Skidmore, Owings & Merrill) and its recently opened 285,000 square foot Sports Center are located adjacent 1 to the proposed mixed-use site. One of the many new activities which has increased the need for a more comprehensive Convention Center complex is the Sports Center's upcoming hosting of the NCAA Indoor Track competition for Division 1 (2025), Division II (2024 &2026) and Division III (2023). The Virginia Beach Sports Center features the only banked track on the east coast and hosting these events will bring an entirely new demographic of visitors to the area. Additionally, four blocks to the east of the site is the proposed Atlantic Park Development. It is a public-private partnership featuring a 3,500- seat entertainment venue, an outdoor wave park, destination retail, apartments, and offices. Atlantic Park is slated to begin construction later this year. For more information regarding Virginia Beach, please visit the website: www.yesvirginiabeach.com. SECTION 4. EVALUATION CRITERIA: Each RLIQ response will be evaluated based on information provided by prospective developers or development teams which address the following: 1) Developer's current financial capacity to successfully complete a project of this scope and scale, including the most recent financial statements. 2) The developer shall demonstrate that they have successfully completed a minimum of two (2) comparable public-private partnerships or at minimum projects whereby you were the lead or master developer of a project with similar complexity. Please list the financial structure of each project including, but not limited, to the public and private contributions. 3) Photographs of previous developments completed within the past five (5)years, which are relevant to the scope and scale of this project. 4) Three (3) financial and three (3) developmental references, including addresses, telephone numbers, and relationship to the developer. 5) List of current active development projects that involves the developer. 6) Resumes of key members of the proposed development team. 7) Disclosure of any potential conflicts of interest that could be relevant to this project in any manner. 8) The developer should describe their preliminary concept (Concept of Development) of the type of mixed-use development that would be successful in the Virginia Beach market. This Concept of Development should include at least preliminary consideration of how this proposed project would complement the arts and entertainment district to the east, including the planned Atlantic Park Development), as well as how this new development would relate to and complement the City's Convention Center and new Sports Center. 9). The Concept of Development should describe what public participation is anticipated, if any, in addition to the lease of the land. SECTION 5. NON-BINDING RESPONSES: This RLIQ is not intended to be binding upon the City, the VBDA, or the potential developer, nor is the City or the VBDA going to make a project award based on the response to this RLIQ. However, in the City or VBDA's discretion, a subsequent request for proposal (RFP) process may occur with the respondents to the RLIQ. 2 SUBMITTAL OF RESPONSES: 1. The responses should include one (1)original and ten (10) copies and shall be placed in a sealed envelope or package for submittal marked "Convention and Sports Center Development RLIQ". 2. All responses shall be received and time-stamped in the office and location described below no later than 3:00 PM Eastern Standard Time, June 15, 2022. This will be a 60 day RLIQ. 3. All responses are subject to public disclosure under the Virginia Freedom of Information Act. To the extent permissible by law, the City and or VBDA agrees to keep confidential any confidential proprietary information included in a response, provided that (1) the responder identifies the confidential proprietary portions of the response; (2) the responder identifies as confidential and proprietary only those portions of the submittal that actually are confidential and proprietary. Responders shall not designate their entire response as confidential and proprietary, nor shall they so designate information that is already public. ISSUING OFFICE: City of Virginia Beach, Department of Economic Development Jeffrey Smith, Business Development Coordinator 4525 Main Street, Suite 700 Virginia Beach, VA 23462 (757)-385-6464 Responses received by telephone, facsimile or any other means of electronic transfer will not be accepted. A responder receiving an RLIQ from a source other than the Issuing Office or DemandStar by Onvia should contact the Issuing office to become a Responder of Record before submitting a response. All technical questions or requests for a meeting regarding the project should be directed to Jeffrey Smith, (757) 385-6464. *NOTE: All relevant documents to this RLIQ can be found on our website: www.yesvirginiabeach.com — Convention Center Area Development link. The City Council of Virginia Beach adopted the goal of obtaining 12% minority-owned, 13.3% women-owned and 11.9% service-disabled veteran-owned business participation in all City contracts. Offerors who submit a RLIQ should be prepared to provide documentation detailing the utilization of SWW-certified businesses with the proposed project. Additional information will be provided as necessary. 3 VIRGINIA BEACH SPORTS CONVENTION DISTRICT CAPSTONE l9 DEVELOPMENT EDENS. COOPERCAKRY Al f �. T Xf 71 I! Jill Nil Jil r�rs J s i t� IYY�� "; `.?'_i�'. _ : gyp.. t`�� i-. `'' •'.. ,.'.' Yf 1 * .z :;y }r lfw , s of xr , ,f� k... -'l:_�•_ r'.i - :i+ '"., - y vjJgr. lk c l►D �1. k Y{ p ;t MARRIOTT MARQUIS COLUMBIA PLACE WASHINGTON, DC WASHINGTON,DC 1.024.131 SF AND 1,175 GUESTROOMS 643,000 GSF,RESIDENTIAL:223,000 SF,200 UNITS. HOTEL 350.000 SF. 500 KEYS;RETAIL 3.000 SF;PARKING.70.000 SF BELOW GRADE F r go rr r= P iil IF low r r r Poly OR It -.�� -__ �......E +iir *+^��f \�`�, _ _ 1 j ' s f'��i�E✓�1` \: • C04to 119� j; �I ot 11 .\ �' e ........... ti». q r MOSAIC DISTRICT WOBURN VILLAGE FAIRFAX.VA WOSURN.MA 500K SF RETAIL,1,400 RESIDENTIAL UNITS.75K SF OFFICE.ISO MOTEL KEYS 27SK SF RETAIL.350 APARTMENT UNITS Lu mpp y, . t T' - .I 1 1� i� qY i mol ddwppl- •� •ti Ir•- ATHERTON MILL SOUTH BAY CHARLOTTE NC BOSTON.MA 115K SF RETAIL 350 APARTMENT UNITS 510K SF RETAIL.475 APARTMENT UNITS.130 HOTEL KFv' T , () r n f � 7 .?dMY k y. "�'—ir'�- ""•sue....... 2 Ai, 1 T... ev k .+4 '� � ,..awl 3; _ rP• {{ + � �. `• � � Cis. y _",. +t �,.4 n .��1�'�i�L�� Wes• .w r��,i `..i� y .. ...9 ��, MOM�� W�� ==+1a•t- Yet �].` ,. - -- .. .s•• �! - .� 1 : -tl�_1v�- 1, `�C-. ------------------------------- via IT. it Vet A ¢•`r ';A `�,' , rSf�• . y",._"'` -�s��-.;.:i.•c�'�iii".�•7R.... •`It p��I" _'aar . —__.-.•.----- _ oft. hwr� ik,S. r+_'�s._ r�y�_ '�tT"a � - -,��_�_y►` n f rt4 a jompdo s� y r._r�...,... a THE FUTURE OF THE SPORTS + CONVENTION DISTRICT O .,.` I -4 w PROJECT PROPERTY LINEfu FUTURE RETAIL LOCATIONS 2ir MAJOR SITE CONNECTION r mow"` .. a{»• VB WAVE BBAYFRONT SHUTTLE .., vd 0 Dom �CRFp t NO K �1 6 �(p H.R. .. MUSEUM . ,t RFp�k EgCyF OL•D VA gEAG CONA MPORARY i Cy Lij FkP� 22ND ST Y •VIRGINIA BEACH ; VISITORS CENTER y k 21 ST ST fia Lj t /a cowvenr nn rn•« -•- _ ,� "*.,«.....°! .,�, a►.ar ar.{t�;7.-air-waryy�w�'._ .. d � /pL STH ST' I xx '. Our vision is to create a new neighborhood * t connecting the Virginia Beach Sports and ^° 4� Convention Center District,the ViBe Creative - - •• U� District,and the Virginia Beach Resort District. w`• ••' > In doing so,we will be completing a long- v �¢ envisioned and vibrant gateway to the ocean. v EXISTING SITE - GROUND !_EVE'I. � r ■� yin — ._. ___ _ ._ __ ` 1 r, —s• �. 7 � ""N a 4 . .+,�••,.._, .. :. .. <.--. �pr.rr'.sa�JR'!�... � .Ilt.�: jo � K 'M M d' R "�^ >e .tr .a .. kf,+R -IR k. __- � P'�I'4 IR".h �C_ r,+ 51 + ,4 Y....— ,!•• �tr � 4 c >�,.1F> lisp `yIt 2 '•mil[*-; r KA : 1 ,T r 1 Alt 14 A" oft —.. . . ��. `� I ` c �s :tom r r� M!t� �°�" r]►� �� % o. s • 9 lit ..� P � ..i,.i�' �„'',� �—. + nr-- M � .. �sy-- . .. ��• PROPOSED MASTER PLAN - GROUND LEVEL DIAGRAM KEY RESIDENTIAL RESIDENTIAL LOBBY „�• _ ,,pp -�� RETAIL HOTEL ! s - NARKING � - •Il E+SyyJ ,: .,.es�-.� r � BAC K-O F-HOVSE w F � e _ t r' 1 , f 4 � ' • �► �- , Nis _ _ 0,0 c„ PROPOSED MASTER PLAN - UPPER LEVEL DIAGRAM KEY RESIDENTIAL RESIDENTIAL LOBBY RETAIL HOTEL BARKING sp BACK-OF-HOUSE y k I p ff f � IL 7Aft 1, I ' --------------------- AOL tZ A wa _ . . °. v Lp 4 _ � R -1 w J Vol) w. RIIIp�K YIELD SUMMARY I=mmf RETAIL 54,700 SF DIAGRAM KEYS r AFL RESIDENTIAL 316.713SF 293 BOH 6,600 SF GARAGE 363,300 SF 1,141 "r! RESIDENTIAL ` ' 77 ,�. RESIDENTIAL LOBBY . ® ®® RETAIL " HOTEL t _ _ RETAIL 30,550 5� — HOTEL 156,700 SF 300 BARKINGBOH 11,600 SF BACK-OF-HOUSE " " � �. ` GARAGE 165.000 SF 392 TOTAL RETAIL 38.570 SF RESIDENTIAL 357.000 SF 331 �'� 1 . L. { �,.t i (� `' � + � BOH 9.000 SF w ... r `r e , .v;3d'"a� 7 4 '..�1...._ ..�. a► ��i +�_ _ i --�.K a ttilf,J ± i__,.. -- t . RETAIL 34,400 SF .7v, 0, RESIDENTIAL 329,490SF 309 F BOH 7.200S GARAGE 211,37S SF 635 r 11. t , , n: `: c _ ... r^. ._... c"?►, { RETAIL 158.220 SF RESIDEN TIAL TIAL 1,003,203 SF 933 HOTEL 156.700 SF 300 BOH 34.400 SF E � . 7 ui' . ,. ,..... r GARAGE 1,222.805 SF 3.534 STREET PARKING 131 PHASING PLANS - PHASE 1 (OPTION 1) Mm DIAGRAM KEY • RETAIL 54,700 SF RESIDENTIAL I 16713 SF 293 4 RESIDENTIAL RES D 3 BOH 6,600 SF RESIDENT IAL LOBBY �-" f' GARAGE 363.300 SF 1,141 RETAIL • ,` " , ;jt fi.. 9 HOTEL .Y ' - ®®®� PARKING .�. 7 }' = RETAIL 30,550 SF BACK-OF-HOUSE HOTEL 156.700 SF 300 •. »�• 7- ! ' -4 t t-'��,...J BOH 11,6005E GARAGE 165,000 SF 392 314 1 .,• 1 ,,, ..R_Y'. .w !'.. ' MMi n. 9 �• Q ,fY T1i'Fw r - r- PHASING PLANS - PHASE 1 (OPTION 2) DIAGRAM KEY - - �� —` RETAIL 38,570 SF RESIDENTIAL 357.000 SF 331 RESIDENTIAL �_�� Q. � -' _tea � �� BOH 9.000 SF RESIDENTIAL LOB.' + .�. / GARAGE 483,130 SF 1,366 r RETAIL .i, 'o6�:• ".,e) +': ^+1k'•. a._.,,.. - •'.: 1`'.- 1 11 HOTEL ,. • i e ,. BARKING _ BACK -OF-HOUSE C4 p �W H1h2v� 50 i lL fre _ i 46 PHASING PLANS - PHASE 1 (OPTION 3) DIAGRAM KEY ` RETAIL 54.700SF ES R IDENTIAL 316,713 SF 293 4 RESIDENTIAL �'�+,�.; - .e+ �- ... �► I BOH 6,600SF RESIDENTIAL LOBBv GARAGE 363,300 SF 1,141 c RETAIL s HOTEL - - $ _ PARKING yr, - a � sa ► w AR !6 RETAIL 38,570 SF is BACK OF-HOUSE RESIDENTIAL 357,000 SF 331 BOH 9,000 SF GARAGE 483,130 SF 1,366 i � L >� a '0 Ot ol , l 1 I L y.iy 3 , � � I r PHASING PLANS - PHASE 2 DIAGRAM KEY _ =mom W:- __ RETAIL 00 S RESIDENTIAL 16.713 SF 293 '4 RESIDENTIAL � ` _■� NF_ 9r. �Z- E' ! `--! �r,. -- BOH 6,600 SF RESIDENTIAL LOBBY . W/' `' GARAGE 363,300 SF 1,141 ®®� 1 RETAIL ._:. HOTEL 44«t� .. 7 i Wit. •} _ wee} _ ��..�+.�w`°�.. r � M� -+fS r..,. _..u .. PARKING r �:` i�-.,._:.�...`_.a _•..__..-...t_..j • _. , � Y,T _' 11111� ®® RETAIL 30,550 SF BACK-OF-HOUSE HOTEL 156.700 SF 300 BOH 11.6005E >' � \ GARAGE 16 a i � . r :' - ,��.. ��. t` RETAIL 38.570 SF RESIDENTIAL 357,000 SF 331 =,� a► + / . , .,;� as !'"�.. ._ �''��..�..�,-- _.._....._ �...,.•_ __ _ rt r, BOH 9.000 SF I „�± E y" ••• �� `� GARAGE 483.130 5� 1.366 TOTAL -� • .may 4 •_.. -I i . r—.�,.- '_ --z t— -_ _ ,gel►. --""t t � a � ° • " � .!', _ ' PHASING PLANS - PHASE 3 �=mmm •• a. _ RETAIL 54.700 SF _ _ _ _ RESIDENTIAL 316,713 SF 293 DIAGRAM KEYS '" �i' BOH 6,600SF GARAGE 363,300SF 1,141 i11 RFSIn FNTIAI. r�` �aIng1 �1-� " �—�� i^M RESIDENTIAL LOBBY + • ,� y ® ®® RETAIL 30,550 SF HOTEL } Y. HOTEL 156.700 SF 300 PARKING r �.,9......_ w...:._-•..._,-- "`` "R:..�./.. , _ -' :.: ..t..f �'"Y w+ BOH 11.600 SF BACK OF-HOUSE ' GARAGE 165,000SF 392 4. ! r • 1 "4 1 s RETAIL 38,570 SF RESIDENTIAL 357,000 SF 331 i BOH 9.000 SF ,�; - „ ',, ,� r •u.,.'�,�-,L„a,.s._� rah •�, �„• � a GARAGE 483,130 5� 1,366 l _ �1. t �.., ... t✓.,r">.."^'.+'.�,•^'._. ........,.e.,....._.�, a' :'..1 �.G tc.. ,yam `T��`._ ,�._� { i �` � F gyp s t•�+r j" � ®� ! Ei • `'_ d"'"'' ro- - RETAIL 34.400 SF RESIDENTIAL 329,490 SF 309 ,T ,t BOH 7,200 SF } —� r- t GARAGE 211375 SF 635 t ' S{t RETAIL 158,220 SF _ .. � T ,^�- RESIDENTIAL 933 Jt- HOTEL 1,003.203 SF 156,700 SF 300 ► b I F — .� `ZA h _5�. BOH 34,400 SF i ,r`—, {`T'" ' • °'� ,r GARAGE 7,222,805 SF 3,534 STREET PARKING 131 GRAND 1 1/ 3,665 PARKING ANALYSIS Proposed Structured Parking A 241 1,141 28 -928 B -130 392 27 -289 C -330 1,366 41 1,077 D -102 635 35 568 :� r — — — — — — —. — — wr .r — — — — — .� — — — — � �"' �' — — — — rr � EX: 241 SPACES EX: 130 SPACES N PROP: 1,141 SPACES / / PROP 392 SPACES ,.... STREET: 28 SPACES / / STREET: 27 SPACES 1 GAIN: +928 SPACES / / GAIN: +289 SPACES41 .' L. .. it .. r .. .. .. .. .. .�. — .. ... .. .. ... .. �. a., o - - - - - - - - - - - � 1 / / Do EX: 330 SPACES / / EX: 102 SPACES___ PROP.: 1,366 SPACES / PROP: 635 SPACES � 1 STREET: 41 SPACES / ' STREET: 35 SPACES.. GAIN: +1.077 SPACES / Gp;IN-:' + 68 -S-PACES OVERALL BUILDING SECTIONS PARKING PARKIN RESI RESI N VBCC 19THSTREFT-16OFT BLOCKA E 1aT11 STREET-MFT BLOCK $ BUILDING SECTION-PLAN WEST BUILDINGS HOTEL „ RESI PARKING RESI PARKING 4 ARAL''.,T' , RETAIL HOTEL W MERW. BLOCK MMKETST-93 BLOCK E BUILDING SECTION-PLAN NORTH BUILDINGS (VARIES) �` PARKING RESI RES RESI RESI RESI PARKING RESI RE�ALs TC RfiAL W BLOCK C MARKEr sT—v BLOCK D E BUILDING SECTION-PLAN SOUTH BUILDINGS STREET SECTIONS REST ON N EXISTING CONVENTION CENTER PLAZA LANE LANE LANE LANE LAP SW !Z S 97 11 11 11 11 4.S i 1Lf 160 STREET SECTION-19TH ST REIN REST -AWM-. N BZ SW LAP PARK LANE LANE PARK LAP SW eZ S 6 6 6.5 i 11 11 t cS i 9 79 STREET SECTION-18TH ST STREET SECTIONS r taN �i- PLAZA ►ARK LANE LANE PARK LAP SW a WNW STREET SECTION-MARKET ST NORTH AMR, arra Rz SW NAP PARK LANE LANE PW LAP W;' K 15 { U I fl 11 4 u • 15 STREET SECTION-MARKET ST SOUTH VIEW FROM CONVENTION CENTER LOOKING SOUTH FTFT FT �F �� y 1 FT FT (Tloom Pill 14 .p Mr 04*-� �r ry •ii Ipsi M'!•�+,1 tit ti..:S tl 1 ` ' 31.8 i ftl�(i �� 4 � � •-� '.. a� MZq �$� it}�� , kw sun n� es ■�� k M;t t Nk� �kkk sry f a tom' vry W cn i av _ � J Val its'it iLt_ W d6i r �t 7-Mm ,1 ,'S'•I X&j r F r^ b E i .fig' A�� --- 4 Q W Z LL J Q) LA_ .r. c 2- 2 x, W .r'c-'' nsr�r�■ � t'� ECONOMIC IMPACT ANALYSIS F Square Feet Construction F Annual Sales Real Property Annual Property Residential 933 1,003,203 3,612 21 0: 0.99% Hotel 300 156.700 564 90 9.00% $1,576.800 0.99 $30.000,000 $297,000 Restaurant 79,110 285 527 5.50% 1,740,420 0.99% $23,733,00 ■� Other Ret011 79.110 285 1�1;;77L6.. 1.00% 237,330 0.99°1 $23,733,000 $234,957 PRELIMINARY ANALYSIS SUBJECT TO CHANGE BASED ON FINAL DEVELOPMENT PROGRAM �Art� . i ran Arc �rt If a c X -? ir Ln �a �t 1Sr Y'Lf' 1 wMa i It ., __. . ,. H .,� •s Z E W OO Nop, � N W ■//�� a> 1 U 0 s°t'mu°;act. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds for Substance Abuse Prevention and Treatment Programs MEETING DATE: January 16, 2024 ■ Background: The Virginia Department of Behavioral Health and Developmental Services provides the Virginia Beach Department of Human Services (DHS) with ongoing Substance Abuse Prevention and Treatment Federal Block Grant funds (SUD-FBG) intended to prevent and treat substance use disorders in the City's client population. The Commonwealth recently authorized a 10% increase in the FY 2024 ongoing block grant allocation. ■ Considerations: The 10% increase will provide an additional $125,092 of SUD-FBG funds to DHS. These funds will support personnel expense in programs that provide services for individuals with substance use disorders. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: W� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR SUBSTANCE ABUSE PREVENTION AND 3 TREATMENT PROGRAMS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $125,092 is hereby accepted from the Virginia Department of Behavioral Health 9 and Developmental Services and appropriated, with state revenue increased accordingly, 10 to the FY 2023-24 Operating Budget of the Department of Human Services for substance 11 abuse prevention and treatment programs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY- Budget and Management Services City Altorney's ffice CA16391 R-1 January 3, 2024 - --, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds for the STEP-VA Initiative MEETING DATE: January 16, 2024 ■ Background: System Transformation for Excellence and Performance (STEP-VA) is a long-term Commonwealth initiative designed to improve the community behavioral health services available to all Virginians. All 40 Community Services Boards and/or Behavioral Health Authorities, including the Virginia Beach Department of Human Services, are now required by statue to provide all nine STEP-VA services. The purpose of STEP-VA is to ensure the uniform availability across the Commonwealth of high quality, evidence-based, trauma-informed, culturally competent, accessible behavioral health services that address a broad range of diagnoses and considers an individual's course of illness across his or her lifespan. ■ Considerations: The Commonwealth, through its Department of Behavioral Health and Developmental Services, has approved an increase in on-going funding in the amount of$116,558. These funds are intended to cover increased personnel costs since the STEP-VA programs were created in FY 2018. Specifically, this funding provides general support of$21,364 for Primary Care Screening, $65,961 for Outpatient Services, and $29,233 for Same Day Access programs. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:/)V 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR THE STEP-VA INITIATIVE 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $116,558 is hereby accepted from the Virginia Department of Behavioral Health 8 and Developmental Services and appropriated, with state revenue increased accordingly, 9 to the FY 2023-2024 Operating Budget of the Department of Human Services for the 10 STEP-VA initiative. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City orney's Office CA16390 R-1 January 3, 2024 nN- 4 It SS CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Community Corrections and Pretrial Services MEETING DATE: January 16, 2024 ■ Background: The City of Virginia Beach was awarded the Comprehensive Community Corrections & Pretrial Services Act grant. This is an annual grant the covers the fiscal year. On December 1, 2023, $46,300 additional funds were added to the grant for a salary increase for full-time state-funded local positions. The salary increases were effective July 1, 2023, and can be retroactively applied to that date. With this increase, the total grant amount is $1,319,444. ■ Considerations: Additional funding of $46,300 is intended to provide salary increases for full-time state-funded local positions. As a grant, the funding is not guaranteed to be provided in future fiscal years. There is no required local match. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:/A) 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR COMMUNITY CORRECTIONS AND 3 PRETRIAL SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $46,300 from the Virginia Department of Criminal Justice Services is hereby 9 accepted, and appropriated with revenue from the Commonwealth increased accordingly, 10 to the FY 2023-2024 Department of Human Services Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I Budget and Management Services torney's Office CA16392 R-1 January 3, 2024 1A'. Z -^r,.•` by iV t s, tyat" ,�jt1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $25,000 to the Non-Departmental Budget and to Authorize the City Manager to Execute a Sponsorship Agreement with the Urban League of Hampton Roads, Inc. MEETING DATE: January 16, 2024 ■ Background: The National Urban League is the nation's oldest and largest community-based movement empowering African Americans and others to enter the economic and social mainstream. The Urban League of Hampton Roads, Inc., was founded in 1978, and it provides services and programs in education, employment, health, and housing to Hampton Roads communities. The Urban League of Hampton Roads, Inc., is hosting the 40th Annual Martin Luther King Jr. Awards Breakfast. Since 1984, the Martin Luther King Jr. Community Leaders Awards are presented to individuals or groups who exemplify service to community, demonstrate the values modeled by Dr. King, and make significant contributions to the Hampton Roads community. ■ Considerations: The attached ordinance transfers $25,000 from the General Fund Reserve for Contingencies to the Non-Departmental Budget. The ordinance also authorizes the City Manager to enter into a sponsorship agreement with the Urban League of Hampton Roads for the 40th Annual Martin Luther King Jr. Awards Breakfast. As of January 10, 2024, the balance of the General Fund Reserve for Contingencies is $1 ,025,684. ■ Public Information: Normal agenda process. ■ Attachments: Ordinance; Disclosure Statement Requested by Mayor Dyer, Vice Mayor Wilson, and Councilmembers Berlucchi, Ross-Hammond, and Schulman REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, ROSS-HAMMOND AND SCHULMAN 1 AN ORDINANCE TO TRANSFER $25,000 TO THE 2 NON-DEPARTMENTAL BUDGET AND TO 3 AUTHORIZE THE CITY MANAGER TO EXECUTE A 4 SPONSORSHIP AGREEMENT WITH THE URBAN 5 LEAGUE OF HAMPTON ROADS, INC. 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $25,000 is hereby transferred from the General Fund Reserve for Contingencies 11 to the Non-Departmental Section of the Operating Budget. The City Manager is hereby 12 authorized to execute a sponsorship agreement with the Urban League of Hampton 13 Roads, Inc., for the 40th Annual Martin Luther King Jr. Awards Breakfast. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney'"s Office CA16399 R-2 January 11, 2024 4. u eEr }r ti ti }IO CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $150,000 to the Department of Cultural Affairs and to Authorize a Grant to the Virginia Musical Theatre, Inc. MEETING DATE: January 16, 2024 ■ Background: Started in 1991, Virginia Musical Theatre, Inc. (VMT) is a 501(c)(3) arts organization based in the City of Virginia Beach. The VMT produced shows at the old Pavilion Theatre until it was demolished in 2005. The VMT now produces its shows in the Sandler Center for the Performing Arts, and is the Sandler Center's single largest user. The VMT is committed to full-scale productions featuring regional talent and guest artists, and it is the only professional arts organization in Hampton Roads devoted exclusively to musical theatre. Upcoming performances include Evita and Jersey Boys. ■ Considerations: The attached ordinance authorizes a transfer of$150,000 from the General Fund Reserve for Contingencies to the Department of Cultural Affairs. The grant will be administered by the Arts and Humanities Commission, and the grant is intended to support the VMT's productions. These productions enhance the arts in the City and also provide educational performances for school audiences. Because the VMT is the single largest user of the Sandler Center, supporting the VMT will support continued programming at the Sandler Center. As of January 10, 2024, the balance of the General Fund Reserve for Contingencies is $1 ,025,684. ■ Public Information: Normal agenda process. ■ Attachments: Ordinance; Disclosure Statement; Letter from VMT Requested by Mayor Dyer, Vice Mayor Wilson, and Councilmembers Berlucchi, Henley, Remick, Ross-Hammond, and Schulman. REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, HENLEY, REMICK, ROSS-HAMMOND, AND SCHULMAN 1 AN ORDINANCE TO TRANSFER $150,000 TO THE 2 DEPARTMENT OF CULTURAL AFFAIRS AND TO 3 AUTHORIZE A GRANT TO VIRGINIA MUSICAL 4 THEATRE, INC. 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $150,000 is hereby transferred from the General Fund Reserve for Contingencies 10 to the Department of Cultural Affairs. Such amounts are authorized for the Arts and 11 Humanities Commission to provide a grant to the Virginia Musical Theatre, Inc., to support 12 its productions. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. APPROVED AS TO LEGAL SUFFICIENCY: it or CA16398 R-1 January 10, 2024 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: __Virginia Musical Theater, Inc._ SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of Robin Bianco, CPA your tax return DesRoches and Co. Financial Services (include lending/banking institutions and TowneBank current mortgage holders as a licable) ❑ Legal Services ■ 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. J + U � Martha S. McClees 1-1 1-2024 APPLICANT'S SIGNATURE PRINT NAME DATE V11RfP1*1* "SSIC49 1FHIIF*1[IRK January 10, 2024 Patrick Duhaney, City Manager City of Virginia Beach 2401 Courthouse Drive Virginia Beach,VA 23456 RE: Virginia Musical Theatre Dear Mr. Duhaney: Over the past several weeks, the board of directors of Virginia Musical Theatre (VMT) have been reaching out to members of City Council to discuss our current financial position. We regret that we are at a place where we need to seek emergency funding from the City. We understand that a letter to you is necessary in order to place this funding request on the City Council agenda. We truly appreciate the consideration of you and City Council to provide$150,000.00 to VMT to allow us to complete our 2023-2024 season. We have prepared a cash flow forecast(Exh. 1) which shows that this funding will enable us to complete the final two productions of our season. You can see that we have cash needs of approximately$220,000.00 through the end of the season but are in the final stages of cutting costs for the shows and obtaining financial support from our vendors and contributors. In the past two weeks, we have raised money and secured commitments for more than $20,000.00 to fund this gap. The$150,000.00 commitment needs to be received by the end of the month with the funding available by February 15, 2024 in order for us to move forward. As outlined on the attached pages, VMT is a unique Virginia Beach non-profit performing arts company: • We are the only professional performing arts organization domiciled and performing solely in Virginia Beach. • We have produced high quality theatre programming for the City for 32 years and have never requested emergency financial support. • We are the largest single user of The Sandler Center for the Performing Arts. This facility was specifically designed to meet the needs of resident arts organizations and we are a resident company that has performed at the Sandler since its opening. • Since 2007, we have generated more than $315,000.00 in facility fees for The Sandler Center and have generated more than$500,000.00 in admission tax revenue. • We have approximately 1,200 season ticket holders and 72% of them are Virginia Beach residents. These Virginia Beach theatre patrons come from varied zip codes representing all segments of the City. • We provide internships and on-the-job training to high school students, including Virginia Beach students, attending the Governors School for the Arts. We have attached a visual showing how many of those interns are now performing on Broadway and in National Touring Companies. A letter from the Executive Director of GSA is provided that more fully explaining the importance of VMT to the training of her students. • We provide complimentary tickets to many disadvantaged groups as outlined in our attached statement. These groups provide services and support to students, the elderly and address community needs such as homelessness,domestic abuse and mental health issues. We have undertaken every effort to secure alternative funding. Every organization that we approached has acknowledged the excellence of VMT and its important role in the City. The Sander Center Foundation explained that it has limited resources to provide financial assistance and is unable to assist at this time. The Sandler Center is working on different methods to assist us but is not able to provide meaningful financial assistance to reduce the costs for our productions. The Arts Alliance, a business consortium for the arts, explained that its funding has been reduced over the years and it is not able to provide additional financial support. We have applied for grants from the Norfolk Southern Foundation and other local foundations with limited success. Each group explains how corporate support has declined while costs have increased. This is exactly what we have experienced. Every year, we have increased the quality of our productions. Our performances are just as good as the touring Broadway in Norfolk shows presented at Chrysler Hall and by the Virginia Stage Company at the Wells Theatre in Norfolk. All of our productions employ equity actors in leading roles to ensure the highest quality theatrical experience possible. We employ one full-time staff person and one part-time staff person, with our monthly overhead less than $18,000.00. We strive to devote our resources to the productions themselves and absent sacrificing excellence, there are few costs that can be cut. Our financials from the past few years are available for your review. We are considering increasing ticket prices but do not want to make our performances unreachable for the residents of this City. The board of directors is actively engaged in ensuring that this is a one-time event. We will not solicit season subscriptions until we are confident that funding is in place for the next season,and are engaged in a fundraising program to increase contributions. Until our contributions are increased, we are identifying productions that can be accomplished with smaller budgets. We do believe that increased City financial support is critical to our ability to produce four full-scale musical theatre productions at The Sandler Center and we will continue to ask the City for a meaningful increase in annual funding to support this critical element of the city's cultural offerings and its appeal to our youth and businesses seeking a vibrant, culturally rich home. We cannot move forward with our February 23`d production of Evita without your support and commitment. Time is of the utmost importance. Yours and City Council's immediate attention to our request is critical. We know that the City faces many financial requests but believe that VMT's long history and contribution to this great community warrants your support. Thank you for your consideration. Very truly yours, George R. Melnyk, Jr. President of the Board Enclosures: GSA-VMT Alumni GSA Letter of Support for VMT VMT narrative 23-24 Second Half Cash Flow 2024-2025 Cash Flow Forecast Cc: The Honorable Robert M. (Bobby)Dyer, Mayor Where are the VMT-GSA internship Graduates now? Recent GSA students that have participated in Grant Gustin Adrienne Warren the VMT INTERNSHIP. Grant plays the Flash in the Two-time Tony Award winner. i� CW hit series THE FLASH! Broadway:TINA,THE TINA TURNER Other credits:GLEE(Sebastian), MUSICAL,BRING IT ON(Danielle) 2023-24 9D210,VIXEN,KRYSTAL,ARROW, SHUFFLE ALONG(Gertrude Saunders LEGENDS OF TOMORROW, &Florence Mills)TONY NOMINATION12 . SUPERGIRL TV/Movies:WOMEN OF THE MOVEMENT Broadway WATER FOR ELEPHANTS (Mamie TiIIJ,THE WOMAN KING.BLACK CAKE 2022-23 Van Hughes Cak _ Broadway:ALMOST FAMOUS, Andrew Nelln AMERICAN IDIOT(Lead),9 TO 5 Broadway:11 Josh),HAIRSPRAY.SPRING BOOK OF MORMON AWAKENING(Ernst&Associate Conductor)Off Broadway:SPACE DOGS.Flm/TV:ONE LIFE TO LIVE, 2021-2022 GENERAL HOSPRAL AS THE WORLD TURNS,SEX AND THE CRY.ROYAL PAINS Anthony Wayne Broadway:TOOTSIE,ONCE ON THIS ' ISLAND,PIPPIN,ANYTHING GOES, Angelica-Lee Asplras PRISCILLA QUEEN OF THE DESERT }- Broadway:The 25th Annual R Writer and star of MIGHTY REAL r Putnam county spelling Bee Emmy Raver-Lampman 2019-2020 THE UMBRELLA ACADEMY and the FE". Tiffan Howard voiceofMollyTillermanin Ay CENTRAL PARK.Other TV credits: a A• ' AMERICAN DAD,JANE THE VIRGIN, Broadway:ALLADIN,MOTOWN 201$-2019 THE MUSICAL.LEAP OF FAITH, r� ROBOT CHICKEN,A MILLION LITTLE .' MEMPHIS,MARY POPPINSMAW s THINGS.Broadway Credits: N --jv-�a Tiffany is now a Professor at SCAD Hamilton,A Night With Janis y Lindsay Eure Joplin,Jekyll&Hyde.Hair 'tw� National Tours:JOSEPH.,. C.J. Tyson 2017-2018 ' DREAMCOAL Regional credits Broadway:WICKED,WEST SIDE MW include The Muny,Denver or STORY �t> y►9 J TV:LIP SYNC BATTLE Dancer r For the Performing Arts,Fox ( ) Theatre Detroit.VMT,YSC. PETER PAN LIVE,SMASH,SATURDAY NIGHT LIVE(Dancer) Founder Coastal Broadway / y Collaborative. Jenna Coker 2016-2017 Nasia Thomas Book Writer for GEfTIN'THE BAND -�—v „s. Broadway:CAROLINE OR BACK TOGEMER " CHANGE,AIN'T TOO PROUD, Nationol Tours:SEUSSICAL, BEAUTIFUL-THE CAROLE,KING DOCTOR DOLITTLE _ MUSICAL,SIX Patrice Covington 3< Broadway:The Color Purple -` Notional Tours:MOTOWN THE MUSICAL,THE BOOK OF MORMON DREAMGIRLS, :FILM A LEAGUE Sidney Wilson Broadway: _ OF THEIR OWN,GENIUS,ARETHA THE LION KING FRANKLIN Veronica Otim Broadway: JAGGED UTTLE PILL, Tavon Olds-Sample &JULIEF Broadway: MJ: THE MUSICAL(Michael) ;h + 254 Granby Street,Norfolk,Virginia 23510 - 757.451.4711 757.451.4715 fax www.gsarts.net 1 The Governors School Car the Arts December 20,2023 Virginia Beach City Council 2401 Courthouse Drive Virginia Beach,Virginia 23452 Distinguished Members of City Council: I am writing to urge your support for the full amount of funding requested by the Virginia Musical Theatre(VMT)to support this vital arts organization in Hampton Roads.VMT is the only professional musical theatre program in the area and this funding will support VMT's operations during these challenging economic times.Your support will also assist VMT to maintain its role as a regional hub for musical theatre,and as a shared resource for gifted arts curriculum currently offered by The Governor's School for the Arts(GSA).As GSA directly serves students from eight school divisions,with the largest population coming from Virginia Beach,this funding will directly benefit high school students throughout Hampton Roads. Since VMT's founding in 1990,our students have benefited from the close partnership with VMT, both on stage and behind the scenes.Through a rich internship program,students often earn their first professional credit through work at VMT.GSA students earn course credit while practicing their artistic skills in an environment that pushes the limits of students'creativity and critical thinking,while also emphasizing the importance of collaboration,communication,and citizenship.Students regularly work with renowned performers and directors who travel to Virginia specifically to perform with VMT.The work of VMT directly supports GSA's commitment to serve as an innovative arts center that furthers the college and career readiness of young people. VMT regularly partners with GSA to produce co-productions,which help deepen the partnership between the organizations to produce dynamic programming such as last year's production of Grease.Additionally,VMT partners with GSA for vital theatrical resources such as costumes, microphones, props,and more—without this partnership,our students would see a drastic decline in the quality of their educational experience.Additionally,the performance and hands-on experiences provided by VMT help our students develop workplace readiness skills.As a result of the combined GSA and VMT experience,students leave high school to directly enter the field of acting;something that would not have been possible without the professional foundation built through our partnership with VMT. Funding requested from the City of Virginia Beach would help deepen this partnership,directly meeting the outcomes specified by the Virginia Department of Education for Academic Year Governor's Schools. The continued support of Virginia Musical Theatre would be of significant value to GSA and our student artists,as well as to the cultural vitality of Hampton Roads,Your consideration of this important request,as well as your ongoing support of the arts,are most appreciated. Sincerely, Michelle(Shelly)Cihak, Ed.D. Executive Director A Gooernor's SCltonlspo+tsored by the Virginia DepartmCnt of h.ducatiun and the public scharl divisions o1 Chesapeake,Franklin;Isle of Wight,Norfolk,Y01-tS171011tII,Southampton,Suffolk,and Virginia Beach. 1. Impact on Sandler Center • VMT is a resident artist— The Sandler Center website explains: Commonwealth Musical Stage was incorporated in 1991 as the state's only professional theatre committed exclusively to the production of musical theatre. To more clearly reflect the company's identity, the name was changed to Virginia Musical Theatre in 1997. VMT is a 501(c)(3) not-for-profit arts organization. A volunteer board oftrustees oversees the fiduciary responsibilities of the company. Each year, VMT produces four musicals, generally two contemporary and two from the classical Broadway annals, that bring together the finest professional performers from Broadway, touring circuits, and the Virginia region with leading musicians, designers, and young theatre aspirants. Boasting significant Broadway, national, and international credits, the artistic leads inspire regional talent to create supreme productions like Camelot, Phantom of the Opera, Little Women, The Little Mermaid, Beauty and the Beast, and a variety of classical Broadway musicals. • VMT is the single largest user of the Sandler Center facility, using 36 to 40 days each year. • VMT has paid$316,452 in facility fees since moving, in 2007 upon its opening, to the Sandler Center. • Approximately 30%from gross ticket sales is paid to the Sandler Center for rent and fees and toward employees and subcontractors. Rent Plus %of Rent/ Paid Gross Ticket Facility Expenses to Facility to Net Show tickets Sales Surcharge Sandler Ticket Sales Secret Garden—23 2464 $112,528.00 $4,928.00 $30,259.47 31.27% Little Mermaid—23 3163 $136,951.00 $6,326.00 $40,647.00 34.30% Catch Me If You Can —23 2242 $94,522.00 $4,484.00 $30,400.90 36.91% Patsy Cline—23 2475 $112,435.00 $4,950.00 $27,565.70 28.92% School of Rock—22 3373 $147,682.00 $6,746.00 $35,134.24 28.36% Grease—22 3250 $143,632.00 $6,500.00 $28,622.02 24.45% The Full Monty—22 2074 $88,287.00 $4,148.00 $22,095.31 29.72% Over The Rainbow— 22 2200 $85,752.00 $4,400.00 $23,219.54 32.21% Pla id aid—21 1886 $78,886.00 $3.772.00 $22,874.13 33.78% Mama Mia—21 3394 $140,682.00 $8,768.00 $30,308.20 27.78% Sister Act—20 2484 $89,853.00 $4,968.00 $24,975.40 33.32% Mary Po ins— 19 3963 $142,355.00 $7,928.00 $31,875.44 27.96% Seussical 2694 $89.964.00 $5,388.00 $18.501.46 26.55% La Cage 1968 $74.995.00 1 $3.936.00 $19,690.34 31.50% 2018/2019 $394,436.00 F$22,218.00 $95,042.64 29.73% 2. Financial Impact to City of Virginia Beach and Community • Since 2007,VMT has paid over$500,000 to the City of Virginia Beach in admission taxes • Based upon a 2023 study undertaken by the Americans for the Arts entitled "The Economic & Social Impact Study of Nonprofit Arts & Culture Organization and Their Audiences in South Hampton Roads,"VMT generates the below economic impact each year: Economic Impact of VMT's Direct VMT- With $1.1 million Spending of directspending Employment(Jobs) 22.22 Resident Household Income $810,557.00 Local Government Revenue $29,502.00 State Government Revenue $31,746.00 Federal Tax Revenue $170,896.00 Economic Impact of Direct Spending by VMT's Audiences Employment(Jobs) 6.52 Resident Household Income $188,048.00 Local Government Revenue $17,700.00 State Government Revenue $16,052.00 Federal Tax Revenue $34,644.00 3. Impact on Professionals in the Performing Arts Field • VMT,through its productions, supports local and regional professionals including o Flymen o Master Electricians and lighting professionals o Professionals musicians o Stage managers o Sound designers • Most of the foregoing professionals would struggle to make a living wage in the industry without the income they generate from VMT; o Members of the orchestra teach at public and private schools,teach at the Governor's School and provide private lessons. They also play for Broadway in Norfolk and the Ferguson Center; o Our stage managers work other positions, including for the Sandler Center,and for the Governor's School o Flymen, lighting and sound technicians work at the Ferguson Center,Zeiders American Dream Theater and the Suffolk Center for Performing Arts 4. Impact on The Governor's School for the Performing Arts o VMT provides internship and performance opportunities for musical theater and other students studying at the Governor's School for the Performing Arts o Dr. Michelle Cihak provided the accompanying letter in support of additional funding for VMT. VMT's partnership with the Governor's School for the Arts is essential for the complete education of the musical theater students at GSA. o Chip Gallagher, the head of the musical theater department at GSA,provided a visual illustration of the robust participation of GSA in the most recent VMT productions. It shows that between 13 and 28 students participate each season as interns with VMT shows. They work on-stage and backstage learning all aspects of this artform. 5. Impact on local and regional performers—a few recent examples: o Secret Garden— I local elementary school student, 1 local middle school student, 5 GSA graduates several of whom are based in New York City, 3 New York based equity actors plus numerous local professional actor and dancers. o The Little Mermaid—VMT was able to work with Patrice Covington as Ursula. Ms. Covington is an Emmy award winning actress who attended GSA during her high school years in the Tidewater area. Due to the writers'strike, she was able to participate in the Hampton Roads community by teaching at GSA, ODU and performing with VMT. The cast of almost 50 included a Regent University graduate, numerous JMU graduates, 6 GSA graduates, several current GSA students, numerous local elementary and middle school students (many of whom are Hurrah Players) along with many other local, regional and New York based actors. The production was also able to incorporate a performer with physical disabilities. Each artist receives some level of compensation for participating with VMT in a production. 6. Groups that Regularly Receive or are Offered Free Tickets for VMT Shows o Samaritan's House—An Organization that helps people free themselves from domestic and sexual violence, human trafficking and homelessness. o Beach House—a non-profit organization helping individuals by "lighting the way through recovery" o Sullivan House—an affordable retirement community in Virginia Beach o Toby's Dreams—a Virginia Beach non-profit that creates dream experiences for children facing an uncertain tomorrow because of a life- threatening illness o Barry Robinson Center—A Residential treatment program for military- connected youth with emotional and behavioral difficulties. o Marian Manor—An assisted living facility providing quality senior care in the City of Virginia Beach o Achievable Dream Academy—Nationally recognized K-12 program dedicated to the belief that all children can learn and succeed regardless of their socioeconomic background. o Virginia Beach Public Schools, depending upon the show, attend the invited dress rehearsal presented on Friday mornings. o Master Classes are offered to public and private high school students in the theater departments in the City of Virginia Beach. January February March April May June Opening Cash $104,500.00 $54,700.00 -$13,100.00 -$45,900.00 -$98,700.00 -$204,500.00 Revenue $18,000.00 $25,000.00 $35,000.00 $40,000.00 $52,000.00 Overhead Expenses -$17,800.00 -$17,800.00 -$17,800.00 -$17,800.00 -$17,800.00 -$17,800.00 Show Costs -$50,000.00 -$75,000.00 -$50,000.00 -$75,000.00 -$140,000.00 Expenses Reduction-Sandler Sandler Foundation Help from City Ending Cash $54,700.00 -$13,100.00 -$45,900.00 -$98,700.00 -$204,500.00 -$222,300.00 Assume Jersey Boys will cost$215,000(already paid$16,000 royalties,will cut marketing of$25,000) Assume Evita will cost$175,000 Assume$18,000 in grants/contributions in January Assume ticket sales of$25,000 in february,then receive the reconciliation from Sandler Assume total ticket sales(w/o season subscriptions)of$75,000 for Evita Assume total ticket sales of$92,000 for Jersey Boys Income 24/25 Season Season Subscriptions $225,000.00 Average Frojected Coster Dancing with HR Stars $100,000.00 show w/o marketing -$210,937.50 Sustaining Patrons(25 at$6.000 Average Projected Cost Per per year $125,000.00 show w/marketing -$235,937.50 Average Projected Cost Per show w/marketing and Ticket Sales($75,000 per show) $300,000.00 overhead -$292,937.50 Assume$look ABH; $10.000 Arts Alliance; Arts 6 Humanities+Other Grants $115,000.00$5.000 Gifford Season Sponsor(Assume$25,000 Based upon rep from Shortfall($925,000Income ABNB and$10,000 Towne Bank) $35.000.00 Towne Bank less$1,171,750 expense) •$246,750.00 Playbill Ad Sales $25,000.00 Total Revenue $925.000.00 Actual for Little Expenses 24125 Season Mermaid LM Actual•4 Overhead -$228,000.00 $228.000.00 Marketing/Graphlc/Soclal Media -$80,000.00 $19,432.50 $77,730.00 Administrative(Cast party,payroll taxes,etc.) .$20,000.00 $4.721.75 $18.887.00 Sandler Center(include admission taxes and faclUty surcharge) -$200,000.00 $46,973.00 $187,892.00 Royalties -$58,000.00 $16.411.12 $65,644.48 Orchestra -$50,000.00 $10.420.00 $41.680.00 Technical Crew -$1001000.00 $25,470.00 $101,880.00 Audition Costs for NY auditions $7,500.00 $2,567.99 $10,271.96 Costumes -$50,000.00 $27,988.40 $111,953.60 Lighting -$40,000-1301 $8.698.13 $34,792.52 Scenery -$100,000.00 $19.817.46 $79,269.84 Sound -$15,000.00 $3,915.00 $15,660.00 Artist Payroll -$124,000.00 $40.559.00 $162,236.00 Director Payroll -$47,250.00 $8.900.00 $35.600.00 Artist Costs -$52,000.00 $9,785.791 $39,143.16 Total Cost -$1,171,750.00 $245.660.14 $1.210,640.56 K. PLANNING I. MATTHEW A. GALUMBECK & JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION,A DEFUNCT CORPORATION for a Street Closure re a portion of an unimproved lane adjacent to the rear of 7502 & 7504 Atlantic Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 2. RAHSHA BATISTE / VICINITY HOLDINGS, LLC for a Change of Zoning from 0-2 Office District to B-2 Community Business District and a Conditional Use Permit re tattoo parlor at 3396 Holland Road DISTRICT 10 RECOMMENDATION: APPROVAL 3. JAMILA BARNES / EXECUTIVE COVE, LLC for a Conditional Use Pennit re tattoo parlor at 5608 Virginia Beach Boulevard, Suite 505 DISTRICT 4 RECOMMENDATION: APPROVAL 4. TIFFANY LUONG / CHAMBORD COMMONS, LLC for a Conditional Use Permit re tattoo parlor at 332 North Great Neck Road, Suites 103 & 104 DISTRICT 6 RECOMMENDATION: APPROVAL 5. ALLIENA WESTLEIGH / SAW CONTRACTING, INC for a Conditional Use Permit re residential kennel at 5205 Shore Drive DISTRICT 9 RECOMMENDATION: APPROVAL M r tt , r: NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,January 1.6,2024 at 6:00 p.m.In the Council Chamber at City Hall, 2^d 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.virginiabeach.gov, 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: htt;c://vbgov.webex.com/weblink/iea_ic .r/r.76 dcR73fdaf47312d75dd4a442c6e61 2. Register with the City Clerk's Office by calling 757- 385,4303 prior to 5:00 p.m. on January 16, 2024. The following requests are scheduled to be heard: Matthew A. Galumbeck & James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a Defunct Corporation (Applicant) Street Closure Adjacent Addresses:7502&7504 Atlantic Avenue,202&204 76th Street Adjacent GPIN(s): 2419672076, 2419671078 City Council:Dlstrk:t 6 Rahsha Batiste (Applicant) Vicinity Holdings, LLC (Property Owner) Rezoning(0-2 Office District to B-2 Community Business District&Conditional Use Permit (Tattoo Parlor)Address: 3396 Holland Road GPIN(s): 1486815934 City Council:District J.0 Jamila Barnes(Applicant)Executive Cove,LLC(Property Owner)Conditional Use Permit(Tattoo Parlor)Address: 5608 Virginia Beach Boulevard, Suite 505 GPIN(s): 1467289986 City Council:District 4 Tiffany Luong (Applicant) Chambord Commons, LLC (Property Owner)Conditional Use Permit(Tattoo Parlor) Address:332 North Great Neck Road,Suite 103&104 GPIN(s):2407065012 City Council:DISVict 6 Alliena Westleigh (Applicant) SAW Contracting, Inc (Property Owner)Conditional Use Permit (Residential Kennel) Addresses: 5205 Shore Drive GPIN(s): 1469880062 City Council:District 9 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.virginiabeach.gov/pc. For information call 757- 3854621. 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 TOO service. The meeting will be broadcast on cable TV, www.virginiabeach.gov and Facebook Live. Please check our website at https,.//clerk.virginiabeach.gov/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MIMIC City Clerk PILOT-JANUARY 2,2024&JANUARY 9,2024-1 TIME EACH R5R(NE)_ �6th Sere, R5'R'(N-E) ;, R5R(NE)', Street R5R(N E) -E�) R-5*R N E O 1 R-5R(N,E) � t et R5R(NE)_ _R5R f NE) - D D R R5 NE 7 R5R(NE) 'R(NE 5RNE-) �\ Matthew A. Galumbeck & James I Cromwell, Esq. Receiver for N Site Shore Realty Corporation, a Defunct Corporation W I' ® Property_Polygons 7502 & 7504 Atlantic Avenue, 202 & 204 76th Street S Zoning Feet �� Building 0 1530 60 90 120 150 180 iz s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Matthew A. Galumbeck and James T. Cromwell, Esq., Receiver for Shore Realty Corp., for the Closure of a Portion of an Unimproved Lane Adjacent to the Rear of 7502 & 7504 Atlantic Avenue MEETING DATE: January 16, 2024 ■ Background: Matthew A. Galumbeck ("Galumbeck") and James T. Cromwell Esq., Receiver for Shore Realty Corp., (collectively, the "Applicants") requested the closure of approximately 525 square feet of an unimproved lane (the "Right-of-Way") adjacent to the rear of Galumbeck's property, located at 7502 & 7504 Atlantic Avenue (GPINs 2419-67-2076, 2419-67-1078), for the purpose of incorporating the closed area into Galumbeck's adjoining property. The underlying fee title in the area proposed for closure is vested in Shore Realty Corporation, a defunct corporation. Galumbeck petitioned the Court to have a Receiver appointed for the purpose of making application for closure of the Right- of-Way. By Court order entered on August 1 , 2022, James T. Cromwell, Esq. was appointed Receiver for Shore Realty Corporation and was authorized to convey the fee interest of the Right-of-Way to the adjoining property owner for this proposed street closure request. ■ Considerations: On September 15, 2020 & September 15, 2022, City Council approved the closure of portions of the unimproved lanes located in the same block as 7502 & 7504 Atlantic Avenue. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There was no opposition to the request. ■ Recommendation: On December 13, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by recorded vote of 9-0, to recommend approval of this request, subject to the following conditions: 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 shall be Matthew A. Galumbeck and James T. Cromwell, Esq. Page 2 of 2 determined according to the "Policy Regarding Purchase of the City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the Right-of-Way to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants or the Applicants' successors or assigns shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by the City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of- Way this approval shall be considered null and void. ■ Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 ORDINANCE APPROVING APPLICATION OF MATTHEW 2 A. GALUMBECK AND JAMES T. CROMWELL, ESQ., 3 RECEIVER FOR SHORE REALTY CORP., FOR THE 4 CLOSURE OF A PORTION OF AN UNIMPROVED LANE 5 ADJACENT TO THE REAR OF 7502 & 7504 ATLANTIC 6 AVENUE 7 8 WHEREAS, Matthew A. Galumbeck and James T. Cromwell, Esq., Receiver for 9 Shore Realty Corporation, a defunct corporation (collectively, the "Applicants"), applied 10 to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 11 unimproved right-of-way discontinued, closed, and vacated; and 12 13 WHEREAS, it is the judgment of the Council that said right-of-way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before one (1) year from City Council's adoption of this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION 1 21 22 That the hereinafter described unimproved right-of-way (the "Right-of-Way") be 23 discontinued, closed and vacated, subject to certain conditions being met on or before 24 one (1) year from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA OF PROPOSED STREET CLOSURE 29 (525 SQ. FT. OR 0.012 ACRES)" and shown as the hatched 30 area on that certain street closure exhibit entitled: "STREET 31 CLOSURE EXHIBIT OF A 15' X 35' PORTION OF THE 15' 32 LANE (PUBLIC R/W ) ADJACENT TO LOTS 12 & PART OF 33 LOT 11 SHORE REALTY CORP. (M.B. 7, PG. 124) VIRGINIA 34 BEACH, VIRGINIA", Scale: 1" = 20', dated September 20, 35 2023, prepared by WPL, a copy of which is attached hereto as 36 Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 1 . The City Attorney's Office will make the final determination regarding 44 ownership of the underlying fee. The purchase price to be paid to the City shall be 45 46 No GPIN Assigned (City Right-of-Way) 47 Adjacent GPINs: 2419-67-2076 and 2419-67-1078-1850 48 determined according to the "Policy Regarding Purchase of City's Interest in Streets 49 Pursuant to Street Closures," approved by City Council. 50 51 2. The Applicants shall resubdivide the property and vacate internal lot lines 52 to incorporate the closed area into the adjoining lots. The resubdivision plat must be 53 submitted and approved for recordation prior to the final street closure approval. Said 54 plat shall include the dedication of a public drainage easement over the closed portion 55 of the Right-of-Way to the City of Virginia Beach, subject to the approval of the 56 Department of Public Works and the City Attorney's Office, which easement shall 57 include a right of reasonable ingress and egress. 58 59 3. The Applicants or the Applicants' successors or assigns shall verify that 60 no private utilities exist within the Right-of-Way proposed for the closure. If private 61 utilities do exist, easements satisfactory to the utility company, must be provided. 62 63 4. Closure of the Right-of-Way shall be contingent upon compliance with the 64 above stated conditions within 365 days of approval by the City Council. If the 65 conditions noted above are not accomplished and the final plat is not approved for 66 recordation within one year of the City Council vote to close the Right-of-Way this 67 approval shall be considered null and void. 68 69 SECTION III 70 71 1. If the preceding conditions are not fulfilled on or before January 15, 2025, 72 this Ordinance will be deemed null and void without further action by the City Council. 73 74 2. If all conditions are met on or before January 15, 2025, the date of final 75 closure is the date the street closure ordinance is recorded by the City Attorney. 76 77 3. In the event the City of Virginia Beach has any interest in the underlying 78 fee, the City Manager or his designee is authorized to execute whatever documents, if 79 any, that may be requested to convey such interest, provided said documents are 80 approved by the City Attorney's Office. 81 82 SECTION IV 83 84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 85 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 86 VIRGINIA BEACH ("Grantor") and MATTHEW A GALUMBECK and JAMES T. 87 CROMWELL, ESQ., Receiver for Shore Realty Corporation, a defunct corporation 88 ("Grantees"). 89 90 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 91 of , 20 2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16250 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d027\p048\00934868.doc R-1 December 29, 2023 3 EXHIBIT A N/F co ViRGi ^ o CHRISTOPHER G. CARZO & O/�'D/rlrgl N/ l Z CYNTHIA E. FULMER-CARZO osyslE,yE p�q�,E J o, GPIN: 2419-67-1078-1840 LTH of �98j ' 931y NE^ AND y�ZO o Z DEBORAH DARE �(1 RNJ GPIN: 2419-67-1078-1850 LOTS 15 & 16 RIC ARNER►-{ (M.B. 7, PG. 124) Lie. 2904 15' LANE 35.00' 7012412023 (M.a 7, PG 124) �O (UNIMPROVED) h S URv�' 40.00, 35.00' N 14'1824" W 75.00' PORTION OF 15' LANE PORTION OF 15' & 10' LANE CLOSED LANE CLOSED BY BY CITY COUNCIL ON AREA OF PROPOSED CITY COUNCIL ON SEPTEMBER 15, 2020, STREET CLOSURE SEPTEMBER 20, ORDINANCE NUMBER (525 SO. FT. OR 2022, ORDINANCE ORD-3639K & 0.012 ACRES NUMORDBER 3712C. ORD-3674J. o 0 MATTHEW A./GALUMBECK W A (I.N. 20140407000294230) LOTS 10, 11, & 12 N/F (M.B. 7, PG. 124) N/F ROBERT TEMPLE & N GPIN: 2419-67-2076 h c� � SCOTT WASHBURN & SHANNON WIDGEON VOLHA WASHBURN (I.N. 202203052728) i i Z (I.N. 202303027780) LOTS 8 & 9 I LOTS 13 & 14 (M.B. 7, PG. 124) (M.B. 7, PG. 124) GPIN:2419-66-2998 i GPIN:2419-67-2161 50' TO NOTES: S 14'18'24" E 75.00' 76th --Av- 1. THIS EXHIBIT IS INTENDED TO SHOW THE A TLANT/C A VENUE STREET AREA OF PROPOSED RIGHT-OF-WAY CLOSURE (120' R/W) (M.B. 1, PG. 8b) (D.B. 119, PG. 213) AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) AND IS NOT INTENDED 0 20 40 60 Feet FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED GRAPHIC SCALE 1" = 20' FOR THIS PROPERTY. STREET CLOSURE EXHIBIT OF A 15'z35' PORTION OF THE 15' LANE (PUBLIC R/W) ADJACENT TO LOTS 12 & PART OF LOT 11 SHORE REALTY CORP. Landscape Architecture (M.B. 7, PG. 124) G 'n9 VIRGINIA BEACH, VIRGINIA wdsde.coSHEET 1 OF 1 242 Mews 1K W a W=GW w 2N.52 SCALE: 1"=20' SEPTEMBER 20, 2023 CAD/chk: EG/eg CITY OF VIRGDHA BEACH, VA IF.B.937 PG.2-3 PLAT: S-246 JN:223-0076 Item Applicant Matthew A. Galumbeck : James T. Cromwell, •. Receiver for Shore Realty Corporation, a defunct corporation City f • • • - • - 1 2 Virginia Beachcouncil- Request Street Closure Staff Recommendation Approval 8oTN5T Staff Planner 79TH ST Z Marchelle Coleman 78TH ST m Location yT Portion of the unimproved right-of-way '�s {5zH32 between 7502 & 7504 Atlantic Avenue and 202 1ST" 74TH ST & 204 76th Street GPINS 7'R�ST 2419672076, 2419671078 �HosT Site Size „Sz 525 square feet AICUZ 7oTH Less than 65 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District Unimproved lane i ➢ Surrounding Land Uses and Zoning Districts G - ➢� North m Unimproved lane South = Unimproved lane ' ' 1• East Duplex/ R-5R (NE) Residential (North End Overlay) ' West Duplex/ R-511 (NE) Residential (North End Overlay) ' ", Matthew A. Galumbeck &James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 Page 1 Background SummaryofProposal • The applicant is requesting to close a portion of the unimproved lane adjacent to the rear lot line of the duplex dwelling at 7502 and 7504 Atlantic Avenue and the side lot line of the duplex at 202 and 204 76th Street.As shown on the submitted street closure exhibit,the proposal includes closure of a 15-foot wide by 35-foot-long portion of the unimproved lane, totaling 525 square feet, and incorporating that land into the existing adjacent residential lot to the east addressed 7502 and 7504 Atlantic Avenue and as identified as Lots 11 & 12, Shore Realty Corp. on the submitted survey.The property owner of the duplex at 202 and 204 76th Street is not interested in purchasing half of the lane. • On September 15, 2020,the City Council approved the closure of a portion of the southern half of this lane adjacent to Lots 8, 9, 10,46 and the southern 15 feet of Lot 11.The northern half of this lane adjacent to Lots 13 & 14 was approved for closure on September 15, 2022.At that time,the applicant (Matthew A. Galumbeck)was one of the property owners along this lane who was not party to the application. • The underlying fee title in the area proposed for closure is vested in Shore Realty Corporation, a defunct corporation. In 2020&2022,the property owners of the residential lots adjacent to the area proposed for closure joined together to petition the court to have a Receiver appointed for the purpose of making application for closure of the alley and lanes between 75th and 76th Streets. By Court order entered on August 1, 2022,James T.Cromwell was appointed Receiver for Shore Realty Corporation and received approval to convey the fee interest of the lane to the respective adjoining property owner for this proposed street closure request. ,•tHgT L m 1 Zoning History # Request R5R(NE) 1 STC(Portion of unimproved lane)Approved 09/15/2022 R5R(NE) 2 STC(Portion of unimproved lane between 75th&761h 7R5R(NE) E) .._- ` Streets)Approved 09/15/2020 ...... 7g A gT ,.....ice Application Types CUP—Conditional Use Permit MDC—ModificationofConditions 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 • • • As required by City Code, a Viewers' Meeting was held on October 20, 2023, that included City Staff from the Departments of Public Works, Planning and Community Development, and the Office of the City Attorney, to consider this request. The Viewers determined that the proposed closure will not result in a public inconvenience;therefore, closure of this portion of right-of-way is deemed acceptable. Matthew A.Galumbeck&James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 Page 2 This portion of the unimproved lane (15-foot wide by 35-ft long) does not provide pedestrian or vehicular access to any waterway, recreation area, or residence; therefore, no vehicular or pedestrian connectivity would be lost with this closure request.There are no public utilities within this lane, as indicated by the Department of Public Utilities; however, the Department of Public Works has specified a need for a drainage easement over the proposed closed area to be included on the resubdivision plat, as recommended in Condition 2. As stated previously, on September 15, 2020 and September 15, 2022,the City Council approved the closure of a portion of the alleys and lanes between 75th and 76th Streets.Similar closures have been approved in this area before and have not resulted in any public inconvenience. Based on the considerations above, Staff recommends approval of the proposed Street Closure subject to the Conditions listed below. Recommended Conditions 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 shall be determined according to the "Policy Regarding Purchase of the City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval.Said plat shall include the dedication of a public drainage easement over the closed portion of the lane to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by the City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. ResourcesNatural & Cultural • The site is located in the Atlantic Ocean watershed.There does not appear to be significant natural or cultural resources associated with the site. Matthew A.Galumbeck&James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 Page 3 Public • • Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on November 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, November 29, 2023 and December 6, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 27, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on December 7, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,January 2, 2024 and January 9, 2024 • 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 December 29, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on January 12, 2024. Matthew A.Galumbeck&James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 Page 4 ClosureStreet • N/F p CHRISTOPHER G. CARZO & CYNTHIA E. FULMER-CARZO E SYSTF TF p!q a k GPIN: 2419-67-1078-1840 OP j98 S004 n AND DEBORAH DARE J GPIN: 2419-67-1078-1850 LOTS 15 & 16 RIC ARNER V00' /' 124 Uc. 2904 15'LANE \ 1012412023 (M.B 7, PG. 124) LIJ SUR`� " O (UN/MPRO 40.0 ) '� N 14'1824' W 75.00' PORTION OF 15' LANE ( I PORTION OF 15' & 10' LANE CLOSED i I LANE CLOSED BY BY CITY COUNCIL ON AREA OF PROPOSED CITY COUNCIL ON SEPTEMBER 15, 2020, STREET CLOSURE SEPTEMBER 20, ORDINANCE NUMBER (525 50. FT. OR 2022, ORDINANCE ORD-3639K & 0.012 ACRES O NUMBER ) ORD-3674J. NF g ORD-3712C. � � g o MATTHEW A./GALUMBECK h W (I.N. 20140407000294230) LOTS 10, 11, & 12 N/F (M.B. 7, PG. 124) N/F ROBERT TEMPLE & N GPIN: 2419-67-2076 h I� SCOTT WASHBURN & SHANNON WIDGEON En 2 VOLHA WASHBURN (I.N. 202203052728) i I (I.N. 202303027780) j LOTS 8 & 9 LOTS 13 & 14 (M.B. 7, PG. 124) I (M.B. 7, PG. 124) GPIN:2419-66-2998 i I GPIN:2419-67-2161 1 50' TO NOTES: S 14.1824' E 75.00' 76th 1. THIS EXHIBIT IS INTENDED TO SHOW THE A TLANT/C AVENUE STREET AREA OF PROPOSED RIGHT-OF-WAY CLOSURE (120' R/W) (A1.B 1, PG. 80) MO.. 119, Pr 21J) AND INDEPENDENT OF THE ASSOCIATED RECORD DOCLIWENT(S) AND IS NOT INTENDED O 20 40 60 Feet FOR ANY OTHER THAN GENERAL REFERENCE. 2 A TITLE REPORT HAS NOT BEEN PROVIDED GRAPHIC SCALE i' = 20' FOR THIS PROPERTY. ffl - - _ STREET CWSURL EXHIBIT OF pqA 15'x35' PORTION OF THE 15' LANE (PUBLIC R/W) ADJACENT TO LOTS 12 do PART OF LOT 11 SHORE REALTY CORP. (M.B. 7, PG. 124) CM EnO*wrq VIRGINIA. BEACH, VIRGINIA SHEET 1 of 1 xt rlc wa SE 1 M�757.431.1041 s 1s�imT SCALE: 1'=20' SEPTEMBER 20, 2023 CAD/chl� EG/eg CITY OF viRGmiA. BEACH, vA I F.B.937 PG.2-3 PLAT'S-248 1 JN:229-0076 Matthew A. Galumbeck &James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 Page 5 Site Photos u ff t j x I v � .r: 1i e Matthew A. Galumbeck&James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 Page 6 Disclosure Disclosure Statement ';,y,rl- „„,H-h 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 Matthew A.Galumbeck&James T.Cromwell,Receiver for Shore Realty Corporation, a defunct corporation Does the applicant have a representative? 0 Yes ❑ No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ® No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when li)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. Matthew A. Galumbeck&James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 Page 7 Disclosure Disclosure Statement ,fy,lV,Ymwd.,h Planning&Comm 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 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? © Yes ❑ No • If yes,identify the financial institutions providing the service. MERS;TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes M No • If yes,identify the purchaser and purchaser's service providers. Matthew A. Galumbeck&James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 Page 8 Disclosure Disclosure Statement Oly-O"'a-H.d. Planning&Community 4TMz 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. Jeff Leonard 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?E Yes ❑ No • If yes,identify the firm and individual providing the service. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Sixnature 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. Appli an ign Matthew A.Galumbeck Print Name and Title September 2S ,2023 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. • • -131111 that pertains to the applications ® No changes as of Date 12/27/2023 Signature Marchelle L. Coleman Print Name mil...... Matthew A. Galumbeck&James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 Page 9 Disclosure Statement Disclosure Statement C ay r f Yi limn R.,M Planning&Community Development Owner Disclosure Owner Name Matthew A.Galumbeck Applicant Name Matthew A.Galumbeck&James T.Cromwell,Receiver for Shore Realty Corporation, 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) • 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 E 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. 1"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. Matthew A. Galumbeck&James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 Page 10 Disclosure Disclosure Statement VB City of l`h*nfa BeachPlanning&Community Development Owner Services Disclosure I. 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. Matthew A. Galumbeck&James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 Page 11 Disclosure Disclosure Statement Cif9"I Urpr u,Prod, 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?IN 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 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. Shore Realty Corporation,a d n t corporation By -St? r ' nature James T.Cromwell,Receiver Print Name and Title Date Matthew A. Galumbeck&James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 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 757-385-5692. • 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. Matthew A. Galumbeck&James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 Page 13 Virginia Beach Planning Commission November 8, 2023, Public Meeting Agenda Item # 2 Matthew A. Galumbeck & James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a Defunct Corporation RECOMMENDED FOR APPROVAL- CONSENT Mr. Alcaraz: Alright, thank you. So, the other one was just a discussion for deferral. Alright, so now we'll move to the consent agenda. Is that correct? There's one was going to defer. It's a discussion. Thank you. Mr. Horsley. Mr. Horsley: Okay, there, I'm not sure how many there are, four or five on a consent agenda, and I'll start with number two, Matthew A. Galumbeck and James Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, street closure. Mr. Bourdon. Mr. Bourdon: Thank you, Mr. Horsley. For the record, Eddie Bourdon, Virginia Beach attorney, no longer a teenager and we appreciate this item being on the consent agenda, appreciate Marchelle's work on this item. All four conditions as recommended in the staff report are acceptable to the applicant and I'm going to say my two words. Mrs. Henley and Dee everybody was correct, but they hit the nails on the head. Don's done great things for this city and will continue to, but the one with the biggest impact and the most lasting impact is the Ag Reserve Program, which John Baum had a tremendous amount to do with. Not just Don, or Mary Heinrich, or a lot of other people, but that is the most important decision in my view that this city, other than merging -- county merging with the town to get away from Norfolk ever did. So, thank you, Don. Mr. Horsley: Thank you. Alright, is there any opposition to this being on consent agenda? Hearing none, I'm going to ask Mr. Plumlee if he'd read this into the record. Mr. Plumlee: Thank you. The applicant's requesting to close a portion of the unimproved lane adjacent to the rear lot line of duplex dwelling at 7502 and 7504 Atlantic Avenue. There's been no opposition to it, and I think the applicant has accepted all the conditions in terms of the arrangement. So therefore, Planning Commission is recommending approval by consent. YE 9 NAY 0 ABS 0 ABSENT2 Icaraz AYE Anderson ABS Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris ABS Hippen AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 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 shall be determined according to the "Policy Regarding Purchase of the City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the lane to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by the City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Al2 P D H'1 `P D WF� ad B2 B2 02 02 -� oil /B-2 Al2 Al2 B2 B2 B2 A1�2 , A1X2 A-12 YDH1 PDH1 © C 0 Rahsha Batiste N Site 3396 Holland Road W E ® s Property_Polygons Zoning Feet Building 0 30 60 120 180 240 300 360 �ru F Z! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC [PROPERTY OWNER] Change of Zoning (0-2 Office District to B-2 Business Community District) & Conditional Use Permit (Tattoo Parlor) for the property located at 3396 Holland Road (GPIN 1486815934). COUNCIL DISTRICT 10 MEETING DATE: January 16, 2024 ■ Background: This request is two-fold and includes a Rezoning from 0-2 Office District to B-2 Community Business District as well as a Conditional Use Permit for the operation of a Tattoo Parlor, specifically, for the application of permanent makeup. The property is located along Holland Road, south of the intersection of Stoneshore Road. The proposed tattoo parlor will occupy a private room within the existing building of an incoming Med Spa. Services will be provided by appointment only, with two employees providing the permanent makeup services. ■ Considerations: The proposed use is, in staff's opinion, acceptable, as the property is adjacent to other properties zoned B-2. Staff believes the rezoning of this property and the proposed use will not change the character of the area. All parking requirements have been met on-site. 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. Five letters of support were received by staff. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On December 13, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. Rahsha Batiste Page 2 of 2 1 . A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. 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 signage 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 Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (5) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager. Applicant Batiste Agenda Property Owner VicinityHoldings, LLC Planning Commission Public Hearing December 13, 2023 7 & Cill) City Council District 10 1C.,1 6&3 Virginia Beach Requests #7 - Rezoning (0-2 Office to B-2 Community Business) #8 - Conditional Use Permit (Tattoo Parlor) �REEC„u Staff Recommendation `9 Approvals op o a A r2 Staff Planner Michaela D. McKinneyo� Location 3396 Holland Road GPIN 1486815934 Site Size 0.69 acres (private suite 2,000 square feet) AICUZ A` 65-70 d6 DNL SPAWN \ �' Watershed Chesapeake Bay Existing Land Use and Zoning District Office/0-2 Office Surrounding Land Uses and Zoning Districts North is Religious Use, Parking Lot/0-2 Office Y "� South100 Holland Road Multi-Family-Apartment, Field/ PD-H2 Planned Unit Development, B-2 Community Business p Y East r i Religious Use/0-2 Office West . Office/ B-2 Community Business Rahsha Batiste Agenda Items 7 &8 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone the property at 3396 Holland Road from 0-2 Office District to B-2 Community Business, as well as a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup.The property is presently developed with a parking lot and an office building. • The applicant desires to rezone this property in order to operate a beauty spa within two of the existing suites. Services will include facial treatments,and permanent makeup. Proposed hours of operations are 10:00 a.m.to 6:00 p.m., Monday through Saturday. Two employees are anticipated. • The Zoning Ordinance requires a minimum of 21 parking spaces for this site.This site provides 35 parking spaces, exceeding the minimum parking requirement by 14 spaces. Interior renovations will occur within the building as well as new building signage.The existing parking lot and landscaping will remain. Zoning History # Request — 1 CUP(Truck&Trailer Rentals)Approved 09/20/2022 0 2 CUP(Communication Tower)Approved 11/21/2018 B2 82 CUP(Religious Use)Approved 07/14/2009 3 CRZ(13-1A to Conditional B-2)Approved 10/17/2017 CUP(Tattoo Parlor& Body Piercing Establishment) \ O2 10/17/2017 o sg MDC(Business&Vocational School)04/07/2017 \° CUP(Vocational Use)Approved 03/03/2015 CUP(Child Care Education Center)Approved Bz 1z B 02/08/2005 CUP(Religious Use)Approved 11/23/2004 CUP(Religious Use)Approved 11/27/2001 \ A72 A,2 CUP(Religious Use)Approved 10/10/2000 \ CUP(Religious Use)Approved 11/22/1994 P.PDHI \ 4 CUP(Auto Repairs&Services)Approved 08/19/1985 5 CUP(Mini-warehouse)01/09/1978 REZ(0-1 to B-2)01/09/1978 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—subdivision Variance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental EvaluationRecommendation These requests to rezone this property from 0-2 Office to B-2 Community Business and a Conditional Use Permit to operate a Tattoo Parlor is acceptable.This site is located within the Suburban Area and Staff believes that the proposed use is compatible with other existing commercial businesses located in the vicinity.The Comprehensive Plan's guiding principle for the Suburban Area 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. In Staff's opinion, rezoning this site to B-2 Community Business District is complementary to this area as it is immediately adjacent to other properties zoned B-2 Community Business and 0-2 Office Districts. For these reasons, Staff believes that the rezoning of this property and the proposed use will not change the character of this community. Prior to commencing operations on the site, the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code. Chapter 23-51 details the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, Rahsha Batiste Agenda Items 7 &8 Page 2 and permitting applicable to such establishment. A Certificate of Occupancy will not be issued until the requirements are satisfied and Health Department approval is obtained. Given the aforementioned reasons,Staff recommends approval of this application,subject to the conditions listed below. Recommended Conditions for Conditional Use Permit 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. 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 signage 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 Department of Planning& Community Development 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 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. Rahsha Batiste Agenda Items 7 &8 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 31,000 ADT' 32,700 ADT 1(LOS°"D") Existing Land Use 2—29 ADT Proposed Land Use 3—No Data Available lAverage Daily Trips 2 as defined by an office space 3 No information available in the °LOS=Level of Service ITE Trip Generation Manual for permanent makeup/tattoo parlor Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The MTP proposes a six-lane facility within a 165-foot right-of-way. There are currently no CIP projects to upgrade this section of Holland Road at this time. Public Utility Impacts Water & Sewer This site is connected to City water and sanitary sewer. Public Outreach Information Planning Commission • Five letters of support have been received by Staff noting the need for a Med Spa in the Holland Road area. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, November 29, 2023 and December 6, 2023. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 27, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on December 7, 2023. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,January 2, 2024 and January 9, 2024 • 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 December 29, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on January 12, 2024. Rahsha Batiste Agenda Items 7 &8 Page 4 Site Survey ' na aPrR Vs I—Y C W It ti W v..w.8. E *—A wwli y P 1M'�w.1 rn0 sOr M�+s e.fa PSM boa!VM awwMw'wa 1 TP1 P>*i NN wl irl aOw MW Plum M w Vn�a ti/eiii�►P rwr b A Vi d YYpW Mni Np�Csw�.b P'awr w✓av f'�G.7'M'T i D w 1�P ii am TkV vaPv%Maw•%w rsyrl t / 3►�PWWPy1MwYFw} �b Parcel A y ttl'tPfRt - T' l r� df t / IWAC ,., .�. t i Parcel A —TUM- ! Pd:cel N G �r rP of / wsdtr -srs Millar r Site 9A _ �. � ap.W \ x 00— �_ _ • Area to be Rezoned rytA py simt vA a M v 41 Gti srrssnvdo.PUT ' N�lL1%II LIIiL 11iTi[t PARK flit ITPIC I.' wler' r.>. IPn.Aw i4,rna DKT AsseclaTet LNj,MV IN Cavelle Mulllneaux 10/2'te/ate IYigAIITp 1�.f111 P;1 Ain a+.e lNifC --low -a iris 1 1 KiW"w. iRiiiliOMafii WM Y1 a1MMF ll r Rahsha Batiste Agenda Items 7 &8 Page 5 Site • • Lai NEW F ' 4 J - k t r Jkf Rahsha Batiste Agenda Items 7 &8 Page 6 Site Photos E K: s .. r� r i Rahsha Batiste Agenda Items 7 & 8 Page 7 Disclosure Disclosure Statement riar3ning&Ccxnmunitti C� opment if 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 �n Ch� ;;� / Applicant Name ('�Y/�.1 7 Does the applicant have a representative? ❑Yes IR NO • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes lid No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,Ilst 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§21-3101. 1"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(M)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 Rahsha Batiste Agenda Items 7 &8 Page 8 Disclosure Disclosure Statement ..:_. . . I' MI)iTIg . (timnunt� Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea 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 I. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing In nnection with the subject of the application or any business operating or to be operated on the property? ❑Yes o • If yes,identify the financial institutions providing the service. 2. Does the applplicaY have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? El Yes ER 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 E3 ' o • 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 �o • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes Q No • If yes,identify the purchaser and purchaser's service providers. >TI Revised 11.09.2020 2 P a g e Rahsha Batiste Agenda Items 7 & 8 Page 9 Disclosure Disclosure Statement V13 Planning&Commu lo►�, Dewlopment 6. Does the applicant have a construction contr_ac/cpr in connection with the subject of the application or any business operating or to be operated on the property?❑Yes id 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 ld NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in onnection with the subject of the application or any business operating or to be operated on the property?❑Yes Ind 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. Appii nt 3ignatw— 1 "V-5�,�Print Name Name and Title Date _ � Is the applicant also the owner of the subject property? ❑Yes QJ�IVO • If yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ that pertains to the applications ® 1 No changes as of I Date 01/02/2024 sigoetur• 7A4C'/LaPrd 2. PrintName j Michaela D. McKinney Revised 11.09.2020 3 i P a g Rahsha Batiste Agenda Items 7 & 8 Page 10 Disclosure Disclosure Statement -inning&Comminnit}- I1t�f=tn meet Owner Disclosure / Owner Name i j j� 4161145, I _ Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ❑No • If yes, ist 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 h„ 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? 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 $ ( P a g e Rahsha Batiste Agenda Items 7 &8 Page 11 Disclosure 1,,,Disclosure Statement ,.. ._ I'lant7inp&i`ommur:il�. De-elopment Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collaterali:ation,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 QNo • 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 O'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 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 c nnection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 • 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 inn nection with the subject of the application or any business operating or to be operated on the property?❑Yes t!�'NO • If yes,identify the company and individual providing the service. 7. Does the 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 1 P a g e Rahsha Batiste Agenda Items 7 & 8 Page 12 Disclosure Disclosure Statement Planning&Communii Development 8. Is the Owner receiving legal services in connecti n with the subject of the application or any business operating or to be operated on the property?El Yes • 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 Print Name and Title � 1 1/-ViG 5 Data Revised 11.09.2020 7 P a g e, Rahsha Batiste Agenda Items 7 & 8 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)385-5692. • 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. Rahsha Batiste Agenda Items 7 &8 Page 14 Virginia Beach Planning Commission November 8, 2023, Public Meeting Agenda Items # 7 & 8 Rahsha Baptiste RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you, Ms. Byler. Next item on the consent agenda, item number seven and eight, Rahsha Batiste, Vicinity Holdings LLC, rezoning from 0-2 to B-2. I'm sure I messed up your name. Ms. Batiste: It's okay. My name is Rahsha Batiste, and I definitely accept terms and conditions. Mr. Horsley: Okay. Are the conditions acceptable? Ms. Batiste: Yes. Mr. Horsley: Okay. Is there any opposition to this application? Hearing none, we've asked, thank you ma'am, asked Commissioner Parks if he'd read this into the record. Mr. Parks: Thank you. The applicant is requesting to rezone a property at 3396 Holland Road from 0-2 Office District to B-2 Community Business, as well as a conditional use permit for tattoo parlor specifically for the application of permanent makeup. The applicant desires to rezone this property in order to operate a beauty spa within two of the existing suites. Services will be facial treatments and permanent makeup on Monday through Saturday between 10 a.m. and 6 p.m. There's no known opposition in five letters of support and knowing that that's why we've recommended it be placed on the consent agenda. Mr. Alcaraz: All right, I have a motion for those consent agenda items to be approved. Do I have a second? Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Is there any commissioners want to abstain? None? All right. Madam Clerk: The vote is now open. By a vote of nine to zero, items two, four, seven, eight, and nine have been recommended for approval. YE 9 NAY 0 ABS 0 ABSENT2 Icaraz AYE Anderson ABS Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris ABS Hippen AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1 . A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. 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 signage 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 Department of Planning & Community Development for the installation of any new signs. From: Carolyn Ducre To: Michaela D. Mckinney Subject: Rahsha Batiste Date: Tuesday,November 21,2023 5:21:49 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. To whom it may concern, This is for the property of 3396 Holland Road rezoning. I would be very grateful ro have a Day Spa/Med Spa at this property. It will bring more health and wellness to this area. I'm looking forward to Rahsha Batiste doing great things at this location Best regards, Carolyn Ducre From: Meaan Newsome To: Michaela D. Mckinnev Subject: 3396 Hollander Road Virginia Beach,VA Date: Tuesday,November 21,2023 1:17:07 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. To whom it may concern, I'd like to state that this is my petition in favor of a day spa/med spa at this address. It would be very favorable for the community and fellow businesses the Virginia Beach area. Thank you for your consideration. Megan G Newsome From: Chloe Batiste To: Michaela D.Mckinnev Subject: 3396 Holland Road Date: Tuesday,November 21,2023 1:16:29 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. To Whom it may concern, I'm definitely recommending the Day Spa/Med Spa at this location for health and wellness in our area. This will only be an added bonus to Holland Road. Thanks in advance Chloe Batiste From: Meaan Newsome To: Michaela D.Mckinney Subject: 3396 Hollander Road Virginia Beach,VA Date: Tuesday,November 21,2023 1:17:07 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. To whom it may concern, I'd like to state that this is my petition in favor of a day spa/med spa at this address. It would be very favorable for the community and fellow businesses the Virginia Beach area. Thank you for your consideration. Megan G Newsome From: Irina Sandoval-Hickson To: Michaela D.Mckinnev Subject: 3396 Holland Road Date: Tuesday,November 28,2023 12:00:05 PM CAUL ION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom it may concern, As I currently enjoy the current location of Unique Skin and Beauty owned by Rahsha Batiste, I am truly looking forward to the new location at 3396 Holland Road. This business is recommended& highly needed, as a Day Spa/Med Spa at this location for health and wellness in our area. This will only be an added bonus to Holland Road. Thanks in advance. B4? — o B212 12 � go A T2 v B2 A�18 A 18 L z \a B2 B2` o o �o� 02 2. IRA o B2 �o ea\ ' B2 - o �0 /R1�0 R7.5 aa R10DOU R 10 � ,� � R7.5 ��ar. B2 R�103 B2 82 'ate B2 Jamila Barnes N ® Site 5608 Virginia Beach Boulevard, Suite 505 W E s Property_Polygons Zoning Feet �� Building 0 50100 200 300 400 500 600 A 4 JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 5608 Virginia Beach Boulevard, Suite 505 (GPIN 1467289986). COUNCIL DISTRICT 4 MEETING DATE: January 16, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor in a 1 ,700 square-foot suite of the Executive Cove Center, an established shopping center near the border of Virginia Beach and Norfolk. Four to six employees are anticipated. Proposed hours of operation are Tuesday through Thursday from 10:00 a.m. to 9.00 p.m., Friday to Saturday from 10:00 a.m. to 10:00 p.m., and Sunday from noon to 6:00 p.m. Required parking is met on site. ■ Considerations: Tattoo Parlors are generally considered to be compatible with other retail and service uses like those existing in the center. The application of tattooing within an existing unit is not anticipated to have a negative impact on uses in or near the center. There is sufficient parking available on site for this suite in the existing shopping center. Due to the proximity of the site to the Virginia Beach/Norfolk City boundary, the application was routed to The Department of City Planning of the City of Norfolk for comment. Norfolk City Planning had no objections to this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Staff received two letters of support from other tenants in the Executive Cove Center. ■ Recommendation: On December 13, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 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. Jamila Barnes Page 2 of 2 I 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 signage 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 Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department C City Manager/#2 Applicant Jamila Barnes Agenda Item Property Owner Executive Cove, Planning Commission Public Hearing December 13, 2023 X011/o/ B City Council Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation �j":►��`;��`�` �' Q� h�F�s \ Approval Staff Planner Elizabeth Nowak `am � Location 5608 Virginia Beach Boulevard, Suite 505 GPIN 1467289986 Site Size 17,310 square feet (1,700 square-foot suite) C�yB``O AICUZ `°�is Less than 65 dB DNL 1-4RRyg11F ` IV Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping Center/ B-2 Community Business }.� �� , :.4 „ ti ., •� .+d�'rf', Surrounding Land Uses and Zoning Districts oA, North ►� � 3 ', ce 1'�P', Industrial use, multi-family dwellings/1-2 Heavy41, a -{ ',fQ ` PQ � Industrial,A-18 Apartment .+ ,,,f' CDe , FQ't,oF South , . r'` ,f�t• �. Virginia Beach Boulevard Office Buildings/0-2 Office East •�, "� ` ; F K� Vacant lot/ B-2 Community Business 1" ��" ''eFq�Ne ,,•,,_7*- a West ' t � �° •``O' i, v ,t Automobile sales and service/ B-2 Community Business x' ' Jamila Barnes Agenda Item 4 Page 1 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a traditional Tattoo Parlor in a 1,700 square-foot suite of the Executive Cove Center. • Four to six employees are expected. • The proposed hours of operation are from 10:00 a.m.to 9:00 p.m.,Tuesday through Thursday; 10:00 a.m.to 10:00 p.m. Friday to Saturday; and noon to 6:00 p.m. on Sundays.The parlor will be closed on Mondays. • A new wall sign and a tenant panel in the shopping center's monument sign will be installed.There will be no other exterior alterations as part of this application. • Per Section 203(a)(33)of the Zoning Ordinance, one parking space is required for every 250 square feet for a shopping center of this size.This 17,310 square foot shopping center is required to have 69 parking spaces, which are met on site. B464 / 5182 5 12 , Zoning History A18 A78 # Request g 1 CRZ(1-2 to Conditional B-2) 10/9/2012 / 3 �- CUP(Religious Use)Approved 10/9/2012 r j 2 CUP(Automotive Repair)Approved 07/03/2012 4 8 3 CUP(Motor Vehicle Sales& Rentals)Approved 01/23/2001 2 4 1 CUP(Motor Vehicle Rentals)Approved 02/24/1998 ~,ate 5 CUP(Communication Tower)Approved 02/27/1996 ')0. wo / 6 CUP(Indoor Recreational Facility)Approved 01/09/1996 \4f oz�� / 7 SVR Approved 02/11/1992 iB2 62 \ f 8 CUP(Sales&Service of Recreational Vehicles,Cars& /R o �R10RlO RIOT/ R7 A Trucks)Approved 03/30/1987 .'� R7.5 62 8 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation . Recommendation In Staff's opinion,this request for a Conditional Use Permit for a Tattoo Parlor is acceptable.The business will occupy an existing suite in the Executive Cove Center and Tattoo Parlors are generally considered to be compatible with other retail and service uses like those existing in the center.The application of tattooing within an existing unit is not anticipated to have a negative impact on uses in or near the center.There is sufficient parking available on site for this suite in the existing shopping center. Prior to commencing operations,the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code. Chapter 23-51 details the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting applicable to such an establishment. A Certificate of Occupancy shall not be issued until these requirements are satisfied and Health Department approval is obtained. Jamila Barnes Agenda Item 4 Page 2 For these reasons,Staff recommends approval of this application subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 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 signage 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 Department of Planning&Community Development 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 Comprehensive Plan designates the subject property as being in the Suburban Area of the city.The vision for the Suburban Area emphasizes suburban patterns of residential development that are supported by residential services and other complementary non-residential uses, such as recreational opportunities. Commercial development, such as shopping centers, should be located near, but not within, residential neighborhoods and should have complementary massing, scale, and overall design.This application proposes no exterior alterations in an existing shopping center and is an expected strip commercial center use. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed.There are no exterior alterations proposed with this application. The project will affect no historical or cultural resources. Jamila Barnes Agenda Item 4 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 37,480 ADTl:J 74,000 ADT 1(LOS 2"D") No Change Anticipated 'Average Daily Trips z LOS=Level of Service 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 with 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 CIPs scheduled for Virginia Beach Boulevard near this site. Public Utility Impacts Water & Sewer The site is connected to both City water and sanitary sewer. Public • • Planning Commission • The applicant reported that they met with the surrounding tenants, and no objections were raised.Two letters of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign was placed on the property on November 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, November 29, 2023 and December 6, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 27, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on December 7, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,January 2, 2024 and January 9, 2024 • 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 December 29, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on January 12, 2024. Jamila Barnes Agenda Item 4 Page 4 Proposed Design O Jamila Barnes Agenda Item 4 Page 5 Site • • , / r r r- n i - .Executive Cove `AOEEBIBMAfYGflOq MOOMMOMMOOMMMW 31-1 Jamila Barnes Agenda Item 4 Page 6 Disclosure Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Jamila Barnes Does the applicant have a representative? ❑Yes ONo • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes 2 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary"or affiliated business entity`relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"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 Jamila Barnes Agenda Item 4 Page 7 Disclosure Disclosure Statement City of 4Yryinin ltrcndi 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 M 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 9 No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broke r/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 0 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 0 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09,2020 2 1 Jamila Barnes Agenda Item 4 Page 8 Disclosure Disclosure Statement C7ity aJ Cin�inin Rnirh 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 ❑x 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 M 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. � �autea- Applicant Signature Jamila Barnes Prim Name and Title 9/20/2023 Date Is the applicant also the owner of the subject property? ❑Yes M NO • If yes,you do not need to fill out the owner disclosure statement. that pertains to the applications ® No changes as of Date 12/28/2023 1Signa4ire �arr.�,� Print Name El" beth Nowak Revised 11.09.2020 3 1 Jamila Barnes Agenda Item 4 Page 9 Disclosure s Disclosure Statement �x �'siiTiTli rr i.oi lip z 1}�t'C�p 11T[;iF A � V: Owner Disclosure Owner Name Executive Cove,LLC Applicant Name Ja milaBarnes Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? M Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) i�✓J�5 �aC;. �i:�''j"z; :, 1��s/\� i,,:�r;G)-P�a;} f"'�- i�'> ;^ �4CA�t�t/, • 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 Cityof Virginia Beach have an interest in the subject land or any proposed deve!opment contingent on the subject public action?❑Yes ®No • !f 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 SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship'means"a relationship,other than parent-subsidiary relationship,that exists when W 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 lid)there is shared management or control between the business entitles. 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,rescurcesor 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, Jamila Barnes Agenda Itern 4 Page 10 Disclosure X ID Disclosure Statement Man mill,,,&td mm..I1I111:y De elopinent 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 Z No • If yes,identify the financial institutions providingthe service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? Q Yes ❑ No 1 If yes,identify the company and individual pr/orvidingrr�the service. t7. r•/1�1 i/van \I 1 C.U�-%,. �.;;.�;i3 t 4-• `� °�tl. `r "•.^^ G;.[,��. rt,�.�.�t.l.l 4v.'6.B��"{...._ 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. Eric Mulkey 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 �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. 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 k 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 K No • If yes,identify the firm and individual providing the service. Revised 2 1•09.2020 6 1 11 o ft e Jamila Barnes Agenda Item 4 Page 11 Disclosure Disclosure Statement - .�„ �� 'Ic Ia113t>�;is f;(ii7t7i'1 f IIZ kr.` 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?19 Yes ❑No • If yes,identify the firm and individual providing legal the service. a (, Owner Signature I certifythat all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I under tand 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 ]Jy Print Name and Title c ��O//03 Date Revtt.wd 11.09.2020 7 1 P�i;;e Jamila Barnes Agenda Item 4 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)385-5692. • 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. Jamila Barnes Agenda Item 4 Page 13 Virginia Beach Planning Commission November 8, 2023, Public Meeting Agenda Items # 4 Jamila Barnes RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you, Mr. Plumlee. Next item on the consent is item number four Jamila Barnes, Executive Cove, LLC, conditional use for Tattoo Parlor. Ms. Barnes: Good morning, how you guys doing? Jamila Barnes. It's Jamila, by the way. Mr. Horsley: Are the conditions acceptable? Ms. Barnes: Yes. Mr. Horsley: Thank you. Ms. Barnes: Thank you. Mr. Horsley: Is there any opposition to this application? Seeing none, we've asked Commissioner Byler if she would read this into the record. Ms. Byler: This property is located at 5608 Virginia Beach Boulevard in Suite 505 in a small strip center. The applicant is requesting a conditional use permit to operate a traditional tattoo parlor in a 1,700 square-foot suite at the Executive Cove Center. There have been no letters or calls of opposition. There have been several letters of support, including other tenants in the strip center. City of Norfolk was reached out to because this is located approximately 1 .5 miles from the Norfolk border and Norfolk Planning Department does not oppose it either. There being no opposition and only support, it is appropriate for the consent agenda. Mr. Horsley: That concludes the consent agenda. So, Mr. Chairman, I move that we accept item number two, Matthew A. Galumbeck and James Cromwell, item number four, Jamila Barnes, item number seven and eight, Rahsha Batiste, Vicinity Holdings and item number nine, Tiffany Luong, move they be approved. Mr. Alcaraz: All right, I have a motion for those consent agenda items to be approved. Do I have a second? Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Is there any commissioners want to abstain? None? All right. Madam Clerk: The vote is now open. By a vote of nine to zero, items two, four, seven, eight, and nine have been recommended for approval. YE 9 NAY 0 ABS 0 ABSENT2 Icaraz AYE Anderson ABS Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris ABS Hippen AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1 . A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 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 signage 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 Department of Planning & Community Development for the installation of any new signs. Jamila Barnes tat@milzyink.com 757-292-6925 10/9/2023 Dear Neighbor, I hope this letter finds you in good health and high spirits. I am writing to share some exciting news with you and to request your support for a new venture in our neighborhood. I am thrilled to announce that 1 am planning to open a tattoo parlor called Hidden Gem Ink Gallery at 5608 Virginia Beach Blvd, Ste. 505. This endeavor is a dream come true for me, and I am committed to making it a responsible and valuable addition to our community. I have been a resident of the Hampton Roads area all of my life and I deeply value the sense of community we share and want to ensure that my business aligns with our neighborhood's values and interests. Hidden Gem Ink Gallery will be more than just a tattoo studio. It will be a space where local artists can showcase their talent, where residents can express their creativity, and where we can come together to support one another. I am dedicated to maintaining a clean and safe environment and being actively involved in community activities and initiatives. I kindly request your support for the opening of my dream parlor. If you believe, as I do, that our community can benefit from such a business, I invite you to sign below in support of this endeavor. Your signature would mean a lot to me and would help demonstrate the strong backing of our neighborhood. Please feel free to reach out to me if you have any questions or if you would like to discuss any concerns you may have. Your input and feedback are essential to me, and I am committed to addressing any issues or suggestions that may arise. Thank you for considering my request, and I look forward to your support. I will be collecting signatures over the next few days and I will keep you updated on our progress. Warm regards, Jamila Barnes If you are in support, please sign below: Business Name: c�„`- l�+c�s ►-nar-,,� , p Owner Name: Owner Signature:` Date: iz\ ti2�` Jamila Barnes tat@milzyink.com 757-292-6925 10/9/2023 Dear Neighbor, I hope this letter finds you in good health and high spirits. I am writing to share some exciting news with you and to request your support for a new venture in our neighborhood. 1 am thrilled to announce that I am planning to open a tattoo parlor called Hidden Gem Ink Gallery at 5608 Virginia Beach Blvd, Ste. 505. This endeavor is a dream come true for me, and I am committed to making it a responsible and valuable addition to our community. I have been a resident of the Hampton Roads area all of my life and I deeply value the sense of community we share and want to ensure that my business aligns with our neighborhood's values and interests. Hidden Gem Ink Gallery will be more than just a tattoo studio. It will be a space where local artists can showcase their talent, where residents can express their creativity, and where we can come together to support one another. I am dedicated to maintaining a clean and safe environment and being actively involved in community activities and initiatives. I kindly request your support for the opening of my dream parlor. If you believe, as I do, that our community can benefit from such a business, I invite you to sign below in support of this endeavor. Your signature would mean a lot to me and would help demonstrate the strong backing of our neighborhood. Please feel free to reach out to me if you have any questions or if you would like to discuss any concerns you may have. Your input and feedback are essential to me, and I am committed to addressing any issues or suggestions that may arise. Thank you for considering my request, and I look forward to your support. I will be collecting signatures over the next few days and I will keep you updated on our progress. Warm regards, Jamila Barnes If you are in support, please sign below: f Business Name: �Ve Owner Name: ` Owner Signature: Date: I oil B2 rR10��, 1 R7.5 R7.5 / R � IO B2 B2 R7.5 B2 R7.5 O tj 02 o 0 10 o o a, Q B2 B2 � a 02 o i B2Or B2 01 J00 �e v► 6 v-erg- s i-- Z � ------------ Tiffany Luong N 332 North Great Neck Road Suites 103 & 104 W E Site IS Property_Polygons Zoning Feet F� Building 0 3060 120 180 240 300 360 ;ku � µ [ J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 332 North Great Neck Road, Suites 103 & 104 (GPIN 2407065012). COUNCIL DISTRICT 6 MEETING DATE: January 16, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor for the application of permanent makeup in an existing 1,200 square foot suite in the Chambord Commons Shopping Center. The property is located near the intersection of North Great Neck Road & Laskin Road. Only one employee is anticipated. Typical hours of operation will be 10:00 a.m. to 5:30 p.m. Tuesday and Thursday, 10:00 a.m. to 7:00 p.m. Wednesday and Friday, 10:00 a.m. to 2:00 p.m. on Saturday, 10:00 a.m. to 4:00 p.m. on Sunday. The salon will be closed on Mondays. With the exception of signage, no exterior changes are proposed. Required parking is met on site. ■ Considerations: The proposed use is, in Staffs opinion, acceptable and will be consistent with other retail establishments in the shopping center. Prior to operating, 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. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On December 13, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. Tiffany Luong Page 2 of 2 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. 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 signage 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 Department of Planning & Community Development for the installation of any new signs. ■ 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: 4 Item Applicant Tiffany Wong •. Property Owner Chambord Commons, LLC ' • • • • • 2023 • Cilliol City Council District 6 nA3 Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation �Fyrrra - , ApprovalAk- PyC4 rF��✓ °R m p � o m Staff Planner Zr. a = 0 3 n Z Madison Eichholz tiF°R °�° o A a o a 0 p °RF 0 d z Location 332 North Great Neck Road, Suite 103 °C°NFFAVF GPIN _-- 2407065012 V1RG%1i1A SEA`µ SLV 4 Site Size 1,200 square feet AICUZ a Greater than 75 dB DNL; APZ-2 = Ro VollfRs Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping Center/ B-2 Community Business �+ . Surrounding Land Uses and Zoning Districts North liri' . AFr; ' Single-family dwelling/ R-7.5 Residential `"fir '' �o (A J? ° J r South - . Laskin Road &Virginia Beach Boulevard Restaurant/ B-2 Community Business East44", Single-family dwellings/ R-7.5 Residential `i "x' £. - � West North Great Neck Road Shopping Center/ B-2 Community Business Tiffany Luong Agenda Item 9 Page 1 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor, specifically for the application of permanent makeup, known as microblading,within an existing beauty salon in an existing Shopping Center.The shopping center is located along North Great Neck Road on property zoned B-2 Community Business District. • Microblading will take place in an existing 1,200 square foot suite. • According to the applicant,one employee is anticipated. • The typical hours of operation are 10:00 a.m.to 5:30 p.m.Tuesday and Thursday, 10:00 a.m. to 7:00 p.m. Wednesday and Friday, 10:00 a.m.to 2:00 p.m.on Saturday, 10:00 a.m.to 4:00 p.m. on Sunday. The salon will be closed on Mondays. • No exterior changes to the building are proposed except for the replacement of the signage for the existing suite with the new business logo in the existing monument-style sign as well as replacement of the signage over the suite in a size and style similar to the existing sign. B2 62 t`yT R7.5 R7:5, R 1 Ilk�t RZ5 R75 RT.S Zoning History � } .1 # Request 3 V 1 CUP(Tattoo Parlor)Approved 02/15/2021 a\ 2 CUP(Child Daycare)Approved 03/26/2013 B2 82 02 ��p 3 CUP(Communication Tower)Approved 02/24/2009 c B2 C 6 .tc R� gf�PG / �PyV�•'v�G�N� a� Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation . Recommendation The request for a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup, in Staff's opinion, is acceptable given that the use is compatible with the other existing commercial businesses located in the vicinity and within this part of the Lynnhaven SGA.The application of permanent makeup within an existing commercial space is not expected to negatively impact other uses within the shopping center or the vicinity. Prior to commencing operations on the site,the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code.Chapter 23-51 details the standards for disclosure, hygiene, licenses,waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting applicable to such establishment.A Certificate of Occupancy will not be issued until the requirements are Tiffany Luong Agenda Item 9 Page 2 satisfied and Health Department approval is obtained. It is staffs opinion that the proposed tattoo parlor will not result in a significant increase in traffic in this established strip shopping center as the use is consistent with typical strip shopping center uses. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. 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 signage 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 Department of Planning& Community Development 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 Comprehensive Plan designates the subject property as located within the Lynnhaven SGA.The applicant is requesting a Conditional Use Permit to operate a permanent makeup salon at 332 North Great Neck Road.The applicant has no intention at this time of altering the exterior building or site layout.As a compatible use that would support the diversity of businesses in an urban area of the City, Comprehensive Planning supports recommendation of this project. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay Watershed.There are no known cultural or natural resources on the site. Tiffany Luong Agenda Item 9 Page 3 Traffic Impacts I Street Name Present Volume Present Capacity Generated Traffic North Great Neck Road 39,600 ADTl 36,900 ADT'(LOS 3"D") No Change Anticipatec12 'Average Daily Trips 2 as defined by a Tattoo Parlor in 3 LOS=Level of Service an existing Shopping Center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Great Neck Road is a suburban major arterial that has a divided four-lane typical section in front of the subject site. The Master Transportation Plan shows North Great Neck Road as a divided facility with a bikeway in a 120-foot right-of-way. There are no roadway CIP projects in the vicinity. Public Utility Impacts Water This is connected to City water. The existing 1-inch meter may be used or upgraded to accommodate the proposed use. If a plumbing permit is required,the water meter size will be evaluated by Public Utilities prior to permit issuance. Depending on the number/type of fixtures and use within the building(s), the water meter and water service line may need to be upgraded by the property owner. Sewer This is connected to City sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, November 29, 2023 and December 6, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 27, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on December 7, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,January 2, 2024 and January 9, 2024 • 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 December 29, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on January 12, 2024. Tiffany Luong Agenda Item 9 Page 4 Proposed Site Layout a Ac 1 •y �►, M> 1 R' � ` • �' t . * ' `J ,#4 IF �k-ON&W t 'fi t A 3 F $ �� ,. �� ice• � � k • .► —mot ! gt� x` �# gra F t Ate , r ii lift ' iJV O '47 Tiffany Wong Agenda Item 9 Page 5 Proposed Floor Plan ti ti J � 4 Site Photos v , OffTE ELL] LLU Eli] LLJ �umpfestiftsfzein _ x rt t' 4 afl .. x.: v _.. Disclosure Disclosure Statement :r lanning£ Community I)e1`t1fa meat 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 'MPN'1 /— Does the applicant have a representative? ❑Yes NJ No If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?2 Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) t ii r I<111J'� ��.tif1)Cs Q.1},�iV`�f� • 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 a;t e Tiffany Wong Agenda Item 9 Page 8 Disclosure Disclosure Statement � Planning&C'onuTitidity Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • If yes,identify the company and individual providing the service. . M -- -_ 45-- 665-4--3a 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes .2 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 E(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 Print Name and Title 9 LT,I -20023 _ Date ,_ Is the applicant also the owner of the subject property? ❑Yes L9 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 ® Nodrrgesasof I D- 1/5/2024 Print Name Madison Byrd Harris Eichholz Revised 11.09.2020 3 P a g e Tiffany Luong Agenda Item 9 Page 9 Disclosure Disclosure Statement ri!y nJ i"i.y.ru,8enh Planning&Community Development Owner Disclosure 3 Owner Name C k1PcM 1'y�1217 �—L�- Applicant Name TW MN`l LL1_GN(a 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) Fr,EQ&. Stc�IMS �i N�__1RNA( iNCT MC:Mp, • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®NO • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101, "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(n)a controlling owner in one entity is also a controlling owner in the other entity,or(in)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 4 2.2-3101. Rev., 5 ( i , Tiffany Wong Agenda Item 9 Page 10 Disclosure Disclosure Statement Ccy vlvGyi.ue 8w: Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-col later alization,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? rif Yes ❑ No • If yes,identify the financial institutions providing the service. Deed of trust with former partner-Jack Summs. Owner has no financial relationship other than Lease w/applicant. 2. Does the Owner have a real estate broke r/agent/reaitor for current and anticipated future sales of the subject property? 9,Yes ❑ No • If yes,identify the company and individual providing the service. No sales currently anticipated.Managing member,Fred G.Summs III is principal broker of Select Realty,Inc. 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?IN Yes ❑ No • If yes,identify the firm and individual providing the service. Jones,Madden&Council,PLC 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 Iii NO • If yes,identify the firm and Individual providing the service. 5- Is there any other pending or proposed purchaser of the subect property?❑Yes N 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 If No • If yes,identify the company ano 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 <l NO • If yes,identify the firm and individual providing the service. Revised 11.09.1020 6 F a If,+:, Tiffany Wong Agenda Item 9 Page 11 Disclosure Disclosure Statement Planning&Communitv Dwelopment 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 1 No • If yes,identify the firm and individual providing legal the service. Owner Sipriature 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 o weeks prior to the meeting of Planning Commission,City Council,VBDA,C8PA,Wetlands Board or any public body or e in connection with this application. Owner Signature Print Name and Title Date Revised 11.09,2020 7 P a g e Tiffany Luong Agenda Item 9 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 757-385-5692. • 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. Tiffany Luong Agenda Item 9 Page 13 Virginia Beach Planning Commission November 8, 2023, Public Meeting Agenda Item # 9 Tiffany Luong RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you, Mr. Parks. The last item on the consent agenda is item number nine, Tiffany Luong, Chambord Commons, LLC. Conditional use permit for tattoo parlor. Ms. Luong: Hello everyone, my name's Tiffany. I accept all the term and conditions. Mr. Horsley: You accept the conditions? Ms. Luong: Yes. Mr. Horsley: Okay. Is there any opposition to this application? Seeing none, we've asked, thank you, Mr. Plumlee if he would read this into the record. Mr. Plumlee: The applicant is requesting a conditional use permit to operate a tattoo parlor for application of permanent makeup known as microblading within an existing beauty salon in the existing shopping center. It's located along the North Great Neck Road area, property zoned B-2. This has been recommended by our excellent staff for approval. There is no opposition to it and therefore, the Planning Commission appropriately placed it on the consent agenda. Mr. Horsley: Thank you, Mr. Plumlee. That concludes the consent agenda. So, Mr. Chairman, I move that we accept item number two, Matthew A. Galumbeck and James Cromwell, item number four, Jamila Barnes, item number seven and eight, Rahsha Batiste, Vicinity Holdings and item number nine, Tiffany Luong, move they be approved. Mr. Alcaraz: All right, I have a motion for those consent agenda items to be approved. Do I have a second? Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Is there any commissioners want to abstain? None? All right. Madam Clerk: The vote is now open. By a vote of nine to zero, items two, four, seven, eight, and nine have been recommended for approval. YE 9 NAY 0 ABS 0 ABSENT2 Icaraz AYE Anderson ABS Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris ABS Hippen AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. 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 signage 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 Department of Planning & Community Development for the installation of any new signs. J o o ; Q) 0 12 12 m o O m L 1CD ❑fi____-❑r_;._S' h` ore rJi_vo___ 'Ve o_ r eap-rive- kuiJ R30 C3 _ %C- O ❑ i CD T_e:r_n�Road CD —Tern Road--- �—� -_ R20 R20 __ ❑ Al 18 R20 R-20 °R20`--- -- o ❑ �� ❑❑ o R10 Alliena Westleigh N ® Site 5205 Shore Drive W E s Property_Polygons Zoning Feet �� Building 0 50100 200 300 400 500 600 �u tt rj4s' �y�7 IOC s �! a sr y y�/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] Conditional Use Permit (Residential Kennel) for the property located at 5205 Shore Drive (GPIN 1469880062). COUNCIL DISTRICT 9 MEETING DATE: January 16, 2024 ■ Background: The applicant is requesting a Conditional Use Permit for a residential kennel to house their five personal dogs within a 1,700 square foot residence. The Zoning Ordinance allows up to four personal dogs on a property without a Conditional Use Permit for a Residential Kennel. ■ Considerations: All dogs will be kept inside the single-family dwelling, with only four dogs being allowed outside in the enclosed backyard at a time. No outdoor kennels are proposed and all dogs are vaccinated, microchipped, and registered according to the applicant. Since the applicant does not yet reside at the residence, Animal Control did not conduct a site visit. Three letters in support were received by Staff. There was one speaker in attendance at the Planning Commission public hearing who voiced concerns regarding a kennel within the neighborhood and the noise generated by five dogs within one home. In response, the Planning Commission modified Condition 1 to state that the applicant may have five dogs but once a dog is permanently removed from the home, it cannot be replaced with another dog. The applicant is aware of the amended condition and is agreeable to the change. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On December 13, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. The Conditional Use Permit shall be limited to a maximum of five (5) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. Alliena Westleigh Page 2 of 2 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. There shall be no breeding of dogs on the site. 5. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. 6. No more than four (4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. . Submitting Department/Agency: Planning DepartmentVk City Manager:P&) Item ApplicantAlliena Westleigh Agenda Property Owner Saw Contracting, Planning Commission Public Hearing December 13, 2023 XC1t1j('1BCity Council ' 6 Virginia Beach Request Conditional Use Permit (Residential Kennel) Staff Recommendation o 1 Approval !FS T. O O Staff Planner w m Michaela McKinney AMPHIBIOUSDR i Location m 5205 Shore Drive GPIN SHORE DR 1469880062 TERN RD 0 Site Size A 1, 30,608 square feet ``<Q� V� AICUZ Less than 65 dB DNL y°cF <��` f'NNR, ?° ~ N MOSByRO Watershed Chesapeake Bay s<q, SCHOOL Rp Existing Land Use and Zoning District Single-family dwelling/ R-30 Residential Surrounding Land Uses and Zoning Districts t North + Shore Drive Joint Expeditionary Base/ 1-2 Heavy Industrial n, k SHOD DR''� .a South Single-family dwelling/ R-30 Residential East r Jack Frost Road Vacant lot/ R-20 Residential West Single-family dwelling/ R-30 Residential 4 � Alliena Westleigh Agenda Item 6 Page 1 Background . SummaryofProposal • The applicant is requesting a Conditional Use Permit for a Residential Kennel to house five personal dogs within the 1,700 square-foot residence in the Lake Shores neighborhood. The Zoning Ordinance allows up to four personal dogs on a property without a Conditional Use Permit. • The dogs will be kept indoors except for periods of relief and play in the fenced in backyard or daily walks.The applicant's practice of permitting only four dogs outside at any given time and under supervision will continue should this proposal be approved. • No breeding of animals is proposed.There is no outdoor kennel or structure proposed with this request. • All animals are vaccinated, microchipped, and registered, per the applicant. 12 12 SNORE DR... I, No Zoning History -_A30 R30 -- 4 R20 R20 1 I _.. TERN RD Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivisionvariance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental Evaluation . Recommendation This request for a Conditional Use Permit for a Residential Kennel is acceptable.The property is located within the Suburban Area and the proposed use is considered an appropriate activity for this area.Section 223 of the Zoning Ordinance requires that kennel structures be at least 100 feet from the property line of any adjacent lot, except where animals are kept in soundproof, air-conditioned buildings.There are no outdoor kennels proposed on this site, as all dogs living on the property will be housed inside the single-family dwelling. The applicant has installed a six-foot tall wooden privacy fence on the southern portion of the property and a four-foot- tall privacy fence on the northern portion of the property to fully enclose the backyard. As previously indicated,only four dogs will be allowed outside at any given time to mitigate noise. Condition 6 is recommended to address this. Staff is recommending a condition to limit the number of dogs allowed on the property at any time to no more than 5 dogs as that is the number requested by the applicant. Staff also believes this will help reduce impacts to the adjacent residents.The applicant has also hired a company to treat the yard on a weekly basis to thoroughly remove waste. In addition,the applicant has hired pest services to come out to spray the yard and home for fleas and ticks. Alliena Westleigh Agenda Item 6 Page 2 Based on these considerations, Staff is recommending approval of this request subject to the conditions below. Recommended Conditions 1. The Conditional Use Permit shall be limited to a maximum of five (5) adult dogs.At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s).The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. There shall be no breeding of dogs on the site. 5. Day Care,Training, and Boarding services for monetary consumption are not permitted on this site. 6. No more than four(4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 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 of Virginia Beach.The general planning principles for the Suburban Area focus on creating and maintaining "great neighborhoods"which are sustainable, stable, and supported by complementary non-residential uses.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality, and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay Watershed.There are no known cultural or natural resources. Alliena Westleigh Agenda Item 6 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Shore Drive 23,450 ADT' 32,700 ADT 1(LOS°"D") Existing Land Use 2-10 ADT Jack Frost Road 1,265 ADT' 9,900 ADT 1(LOS°"D") Proposed Land Use 3—No Data Available 1 Average Daily Trips Z as defined by a single family 3 No information available in the °LOS=Level of Service dwelling ITE Trip Generation Manual for dog kennels Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Shore Drive in the vicinity of this application is considered a four-lane divided major suburban arterial. The Master Transportation Plan proposes a six-lane divided facility within a 150 foot right-of-way. Jack Frost Road in the vicinity of this application is a two-lane undivided local street and this street is currently in Phase 3 of the City's Traffic Calming Program because of speeding on this roadway. Access to this property is from Jack Frost Road. It is not included in the MTP. No roadway CIP projects are slated for this area. Public Utility Impacts Water & Sewer This site connects to City water and sanitary sewer. PublicOutreach Information Planning Commission • Two letters of support have been received by Staff noting the applicant's passion for dogs and ability to provide a loving environment for the animals. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on November 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, November 29, 2023 and December 6, 2023. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 27, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on December 7, 2023. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,January 2, 2024 and January 9, 2024 • 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 December 29, 2023 Alliena Westleigh Agenda Item 6 Page 4 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on January 12, 2024. Alliena Westleigh Agenda Item 6 Page 5 Proposed Site Layout L.V1��.Gti tJAAfRV WS SUR Y LS 84SEV ON A PUT RECORDED Rf THE CLERKS OfFXf a'TM O%Vr COLAPT OF W L77Y OF NRGM$9 6EACY4 WRONL4 IN RMP BOOK 21 AT PAGE 22. INS ES 70 DECLARE TTMT 4 ON SEP7EMSER 2a 2023 SM0ED 7W PROPERTY SHOWN HEMM AARO?Mr 77AE 701E LAVES AAD PNMrAL A PROWMEN75 ARE AS S7LOe7V ON DNS PLAT. 77!£90ROW9R AILS STAND STRWRY WNW Nd 777LE LAVES AND rftW ARE NO E WOACHMEN7S OR WS&E FA50WN75 EXCEPT AS SIL . THE PROPERTY EMBRACED WPM ITT£LAWS OE THIS SWI Y APPEAR 70 LA'*DIN FLOOD TONES X(SWDEDJ(AREAS OF 0.2x ANNU4L CSVI E FLOOa AREAS OF Jx ANNWL C10AC£fLOOD WH AKRAGE OEP775 OF LESS 77MN 7 FOOr OR WAH a2 fflcc AREAS LESS Taw 7 SOCNR£AEA• AAO AREAS PROTECTED BY LEWE FROM/x AArVtw CFMNCE ROOD)AAD AE ACCOROAC TO 7HE FEDERAL EMERGENCY RWV4CEMENT AGEMY- Ap7AOH4L FLOOD ANSLMNCE PROGRAM COAMIDN/TY PANEL ACQ9ER 515571-0016G ETTWINE J4.VIL4RY IE�2075 7HLSIAPI S '£Y WAS PERFORMED WhOVT 7NE BEN✓EnT OF A CURRENT 77RE REPORT AND CONSElWLWZY M4Y AOT VfFX7 ALL 717L£RATTERS A=7EZ'IING IW PROPERTY DOOM HE M ALL FENCES SW#W MERE ON ARE 72'WOODEN UAYESS OTMO WLSE N07ED. (fa � t OIEZErNawE.. MAAWaC A:62.07' S 85U2'46'E 88.0'PLAT—` - R:28J5.00' 86.43'FIELD -e-e-' -'-e-e--c-•_.-e-.-c-c-.-.-.-e-e-e -c-e-e-�-e_ c�-e -.-c- LOT 186 BLOCK 2 371, Sq. Feet 0.715 6 I N 0. 9 Acres I b yA N �� T q o N xns zugr 3 o. L a RnI Ie ;:37.5' n Q 6'Aigh IF Atl' ,_ h Ifo• �3� ry ti sr b O d I _.__.�__ ; T a; N 85'02'40" W 150.0' AV7 I. COT 12 OU L07 JI LEGEND PHYSICAL IMPROVEMENT SURVEYOF JR4µ♦ `fA T� eee er ewmrt d' 'G' LOT 10, BLOCK 2 TH G PLAT OF LOTS F�0920,2023 B.W, SHEL TON, JR. PROPERTY ="Jason M. Gordon 4 YeeO�mO w1m RAsoa 0 VIRGINIA BEACH, VIRGINIA a No. QD2Q�7 SEPTEMBER 20, 2023 SCALE.1"=25' ' FOR " 't SAW CONTRACTING, INC. �"° Bus,, O4 as omi� GORDON LAND SURVEYING, PLLC �"` 0 25 50 75 600 MARJORIE LANE —� CHESAPEAKE. VA 23320 Project: 23-171 (757) 373-5384 Alliena Westleigh Agenda Item 6 Page 6 l 1, Site Photos : ... ..,. " .G. �,..... 4�.T yam.•IYSU ,-ryeN� 1� fit:. � „W,.'• �� ,r.qE Y EMP MEN 4 A � Jh ! y A =/ Alliena Westleigh Agenda Item 6 Page 7 Site Photos is Agenda Disclosure Disclosure Statement City of Cinjinin R—h Planning&Community Development Ir 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 Alliena Westleigh Does the applicant have a representative? ❑Yes ® No • If yes,list the name of the representative. Alliena Westleigh Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes M No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) N/A • If yes,list the businesses that have a parent-subsidiary'oraffiliated business entity'relationship with the applicant. (Attach a list if necessary) N/A "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(1)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 Alliena Westleigh Agenda Item 6 Page 9 Disclosure Disclosure Statement VB Cit y of v,uv is R-* Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes IF 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-coI late ralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broke r/age nt/rea Ito r for current and anticipated future sales of the subject property? ❑Yes IN No • If yes,identify the company and individual providing the service. 3. Does the 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 Z 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 0 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 X No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Alliena Westleigh Agenda Item 6 Page 10 Disclosure Disclosure Statement L tin of V*..9 h Planning&Community t 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 M NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑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 Print Name and Title Alliena Weestleigh,Sole Owner Date 0 l-2 ' ?2-3 — Is the applicant also the owner of the subject property? ❑Yes E NO • If yes,you do not need to fill out the owner disclosure statement. WROMINAWAIJANG that pertains to the applications ® No changes as of Date of/02/24 Signature Print Name Michaela D.McKinney 3 P Alliena Westleigh Agenda Item 6 Page 11 Disclosure Disclosure Statement Ci t y tJ"'y Fe h Planning&Community Development Owner Disclosure Owner Name SAW Contracting, Inc. Applicant Name Alliena Westleigh 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) S. Anthony Williams,President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity"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 0 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 Alliena Westleigh Agenda Item 6 Page 12 Disclosure Disclosure Statement City of Iittgmm H-h Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-co[late ralization,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 broke r/agent/rea Ito r 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?M Yes ❑ No • If yes,identify the firm and individual providing the service. Lewis and Company PC,Bob Lewis 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 M No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes M No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?M Yes ❑ No • If yes,identify the company and individual providing the service. MCDrake Enterprises,Craig McKown 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. Gordon Land Surveying,Jason Gordon Revised 11.09.2020 6 Alliena Westleigh Agenda Item 6 Page 13 Disclosure Disclosure Statement ID efty of7VV-Bend 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 N 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. v Owner Signature S.Anthony Williams,President Print Name and Tide Date 71 Alliena Westleigh Agenda Item 6 Page 14 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 757-385-5692. • 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. Alliena Westleigh Agenda Item 6 Page 15 Virginia Beach Planning Commission December 13, 2023, Public Meeting Agenda Item # 6 Alliena Westleigh RECOMMENDED FOR APPROVAL Madam Clerk: Agenda item number six is Alliena Westleigh, a conditional use permit request for a residential kennel at 5205 Shore Drive in District 9. Mr. Alcaraz: Hello, if you can just come forward, state your name. Ms. Westleigh: My name is Alliena Westleigh. Mr. Alcaraz: Just give us a summary of what you're trying to do here. Ms. Westleigh: Yes, so for this 5205 Shore Drive address, my plan and hope is to get my conditional use permit approved so that I can have my five personal pets on the premises with me and be in the legal confines of the city, which I know this limit is four for a property without the conditional use permit. I do know that having already applied to where I'm currently residing now, and that's the reason why I wanted to put the application in before I move my family into the premises. Mr. Alcaraz: Any questions for the applicant from the commissioners? Yes, Ms. Hippen. Ms. Hippen: Just out of curiosity, you've got five dogs. I have one dog and he's too attention seeking for me to have another. So, I say kudos to you for having that many, but how big are these dogs? Ms. Westleigh: So, my largest dog is 80 pounds, and he is full grown, that is the largest dog that I have. I have three females that range between 40 and 53 pounds and then I have the smallest being 18 pounds. He's a multi poo, that's my mom's companion dog. It's because of her that I need this permit, because she's moving with me, and her dog will be coming with her as well. All of them, like I said, they are personal dogs. Their ages range from 2 to 11. Ms. Hippen: Okay and so you're not like fostering anymore? Ms. Westleigh: No. So, with the property, and I know that's not in question today, with the 4512 property that I petitioned, I put the application in 2021, and it was voted on in 2022. It was approved in February that year. That was when I was doing rescue work. So, I had my five personal dogs, and then I had four additional rescue dogs. They were not my personal dogs. They were being adopted out. They needed rehabilitation first. I put them through training. I am a certified trainer. I've gone to college for it. So, I was working with them and their behavioral issues that either could get corrected and they found new homes or was not corrected, and unfortunately, due to medical issues, they did have to be euthanized, which happened to one of the dogs. This year, I was found in violation of that conditional use permit. I was found in violation because my co-founder of the rescue that we started decided it was too much emotionally. She left. We lost our foster. So, the two dogs were placed in my home at the same time that I was going through legal issues with my father, who is the co-owner of the property that I'm at right now. Him and my mother are divorcing. So, it created a whole another scenario to where animal control was called, CPS was called, APS was called, the police department was called. It was a lot and all of it happened at the same time at the end of August, the beginning of September. Those two dogs have been transferred to another rescue. My rescue has been closed. I will not be doing rescue work. My business, which is separate, which is why the original conditional use permit that went in said 20 dogs was because I already had it created for when I find a location that's either an agricultural or in the B district so that I can do my training on site somewhere, that was already created. So, I just submitted that in because I wanted to be on the agenda so that I could be heard so that by time I moved into this property in January, my conditional use was approved, and I was already had everything I needed in place for that. I did put out a polling in the neighborhood asking, what their thoughts were if I did boarding or if I did training from my home and just changed my business license to include residential premises versus a facility because currently my business license covers me going to clients to train their dogs at their homes. I don't do any work at my personal home. The community was largely against it. So, when Miss Michaela reached out to me and said that their committee would say no for the commercial, but I could go forward with the residential, that's what I wanted anyways. So, I'm just like let's, yes, I want my five dogs, please. Let's move forward with the residential. I didn't want to postpone that any further. Because like I said, I'm hoping to have the handicapped renovations to this property done this month so that we can move in next month after the next hearing. Ms. Hippen: Thank you for clarifying that for us. I appreciate it. Mr. Alcaraz: Any other questions? Ms. Byler? Ms. Byler: So, I understand that you were found in violation earlier this year. How many dogs do you have right now? Ms. Westleigh: I have five dogs. At the time of the violation, I apologize for interrupting, at the time of the violation, the original nine that I requested in 2021 approved in 2022. 1 still had six of those dogs on the day of the violation. I had eight dogs on the premises. The two dogs that were not supposed to be there were fostered out the very next week. It took me that long to find a foster and the sixth dog was adopted out three months ago. So, my last information to the tag, the animal tags licensing department does have just the five dogs that I'm requesting now. Ms. Byler: So, I'm interested to know because you told me the age of your dog's goes up to age 11 and you need this conditional use permit in order to have your mother's dog in your four. So, if you were to lose one of those five dogs, then you would be in compliance without the conditional use permit, would you be willing to give up the conditional use permit at that time and to only have it as long as you have the current five dogs, but then not add it? I don't even know if that could be done, but if it could be done, would you be willing to do that? Ms. Westleigh: If that is an imposed upon condition on me, then I will say yes, because I want to have my five dogs. However, that was the same condition on the other property, whereas the dogs left, the dog cannot be replaced, cannot be added in again, and at the time, currently where I'm at in my life right now, I'm not doing rescue work, I'm not doing foster work. I don't want to add another dog. I can't say I'll have that same feeling when Lucy or Pickles or Little Mama Mars or Bunny pass away that I won't want to replace that dog. Five's a number that I enjoy. They're just because of the, the love that they give me and that I can provide for them. Mr. Byler: Well, I hear that, and I understand that you're attached to these because they're your personal ones, but I also feel for your neighbors who have vocalized concern and I'd like to see you in compliance with the neighbors and all the rules that they have to comply with, which is four dogs. So, I'd like to see you at four and I wonder if you'd be willing to say when you lose one of these five, then you would not get a fifth one and you would stay four under? Ms. Westleigh: If that makes the Council members happy, then yes, I will say that. Ms. Byler: Thank you. Mr. Alcaraz: Any other questions? Mr. Plumlee? Mr. Plumlee: Very quickly, are you -- you are not in any sort of dog breeding business or anything of that nature? Ms. Westleigh: No, sir. All of my dogs are rescues. All of my dogs are spayed and neutered. All of my dogs are current on their vaccinations. I actually had a letter from my vet submitted as well, showing the care of my animals. Mr. Plumlee: Thank you. Are you part of any rescue organization? Ms. Westleigh: Currently no, I am a desensitization trainer for several rescues. However, that is not onsite training. I go to their facilities where they're boarding their dogs and I work with them at their locations. Mr. Plumlee: But you're not recognized as taking dogs from any facilities in the area as part of their mission? Ms. Westleigh: No, sir. Mr. Plumlee: Thank you. Mr. Alcaraz: Any other questions? Ms. Wilson, what Ms. Byler's asking, how do you word that on a -- is it timed use permit? Ms. Wilson: I have a question, I read that there's a condition on many of the residential kennels. So why am I able to ask, answer how exactly we do that? Mr. Coston: We can use the similar conditions that we applied to her previous property that at the time of passing up one of her dogs that she cannot replace them to no more than four? Mr. Alcaraz: Okay. Mr. Coston: So, we can modify that condition. Mr. Alcaraz: All right, are there any speakers? There are, okay, just have a seat and we'll call you back up for rebuttal. Madam Clerk: Calling Deborah Parker. She's via WebEx. Mr. Alcaraz: Thank you. Ms. Parker, you there. Ms. Parker: Good afternoon members of the City Council. I'm opposed to her having this kennel in the lake shores community. We bought in this residential community like others in the neighborhood. We didn't buy in a business commercial district. You know, everyone buys their dream home, and they don't want to have a business, i.e., a kennel across the street. There were sections of the neighborhood that she could have bought in that are designated for this type of, such as for different usages, manufacturing you have in one section of the city, retail office buildings, residential and commercial properties are not combined and that's for a reason. The noise and the traffic versus the peace and the quiet we bought in the community for the peace and quiet. So, we're concerned about the noise. Commercial real estate is best located where there's high density traffic. So residential real estate is zoned away from the dangerous traffic and noise where people typically desire the quiet use of their property and to allow their children to play in the yard. We don't want the noise, the smell, et cetera from this property owner. I have questions as far as she said, she has four dogs. Are they spayed? Are they neutered? What is going to stop one of them from getting the females to get pregnant, which is going to add another dog on the property? So, what will she do at that point in time if that occurs? Also are you going to inspect the property? Is it going to be inspected to us, you know, on how many dogs she has? So those are my questions. I'm just concerned really about the upkeep. There is a lot of upkeep that goes along with having five animals even four, the property, you know, there's shots, there's the pickup, the feces, there's the barking, there's things like that that go with having all these animals and I know the city of Virginia Beach on section 23-63 does have an excessive noise or sound as a serious hazard to the public health welfare and peace and safety and the quality of life. So, we are concerned about that. There are sound levels too that go along with this as far as having these animals, there's a nighttime sound level and a daytime, and that is section 23.69. Mr. Alcaraz: Alright Ms. Parker, thank you. I got to ask, you've extended your time here, and I just need to ask any commissioners that have any questions for you. None. Where -- what is your address? Where do you live close by? Ms. Parker? Did you cut her off? Okay. Madam Clerk: She's at 5205 Turn Drive, Turn Road. You see Turn Road at the bottom there. She's just on the other side of that. Mr. Alcaraz: She's adjacent? Madam Clerk: No, she's in the next block, so on the south side of Turn Drive. Mr. Alcaraz: Okay. Any other speakers? All right, if you can come forward again, if you could answer some of those or rebut what she said, and then I have some commissioners might ask some more questions for you. Ms. Westleigh: I think the easiest one to address is all of my dogs are spayed and neutered. There's no chance of any of them getting pregnant or procreating. The next question that I think I heard she mentioned was the -- the kennel for a commercial area. I want a residential because I'm living there. My family is living there. My mother, my son, my husband, myself will be residing on the property. For the noise levels, I'm very well with the noise levels and ordinances are in Virginia Beach and because of that, because of when I went through it before, I wanted to ensure that my neighbors were happy. I actually do have decibel meters that I monitor regularly to make sure that I'm well within the ordinance and that I'm not exceeding it. Another thing that I do and that I will continue to do is when my dogs are in the yard, unless I have to quickly run to the restroom, they're going to have supervision while they're in the yard, that's just for their safety as well as my neighbor's. I know that I did speak to the individual that's right next to me on Shore Drive. Their family stated that they were okay with this, and they didn't have a problem with it. They've met a couple of my dogs actually and then; I believe that the individual that lives right behind me that would be on Jack Frost in the corner of Turn Road submitted an email stating that he was also for this. I did try and reach the neighbors that I guess would be touching the back corner of the property which would be on Turn. Every time I've gone by there, they're not there. However, I'm more than happy to give my numbers to the neighbors. If there's any an issue with any of my dogs, I'd like to answer it immediately when it happens, and I don't feel that sound issue is going to be a problem considering that I monitor my dogs very regularly to make sure that they're not barking in a nuisance. Mr. Alcaraz: All right. Any questions, Mr. Plumlee? Mr. Plumlee: Just a couple of follow up. So, you indicated your mother lives with you and that's why you have this additional dog? Ms. Westleigh: Yes. Pickles is her dog. Mr. Plumlee: Okay. So, if your mother moves away, would you also give up the condition? In other words-- Ms. Westleigh: Then the fifth dog would be gone, so I'd be down to four. Mr. Plumlee: If the fifth dog's gone, so that could be part of, in other words, we could tie that specifically, you know, circumstances arise which may make that difficult if your mom can't move to a place that'll accept a dog or something like that, but if you accept that as a condition, I think that would help with the neighbor's concerns also. Ms. Westleigh: That if my mother moves, or if she moves. Mr. Plumlee: If she moves, then the dog goes with. Ms. Westleigh: So, I don't think I would agree with that condition considering that if my mom does move, she's probably going into a hospice home and unfortunately, I do believe that her dog is going to outlive her and I don't think at that point I would be able to separate from Pickles due to the emotional attachment that he had with my mother. Mr. Plumlee: But your representation is she lives with you today and that's why you have the dog? Ms. Westleigh: Yes, she's handicapped. She is under full time care. So that's why I said if she left the property, I don't think that she would be able to take the dog with her. The dog is hers, so I apologize if there is confusion. I maintain the veterinary bills for the dog. I maintain the shots for the dogs, the care for the dog, but it's her companion. I didn't mean to confuse that. Mr. Alcaraz: Thank you. Ms. Wilson. Oh, you good? Anybody else? All right. Ms. Byler, did you want to make a motion with your, I guess? Ms. Byler: Thank you, Mr. Chair. I'd like to make a motion that the application be approved with the additional condition that if for any reason, one of the five dogs leaves the home, that another one not be brought in, and that she then become in compliance with the ordinary regulations and that she gives up the conditional use permit. Mr. Plumlee: Second. Mr. Alcaraz: All right. I have a motion from Ms. Byler, second by Ms. Plumlee. Ms. Wilson, does that sound right? Thank you. Madam Clerk: Can you please make that motion on your Pad? Mr. Alcaraz: Can you repeat it again? Ms. Byler: I make a motion that the application be approved with the additional condition that if for any reason one of the five dogs leaves the home that she become compliant with the current regulations and she gives up the conditional use permit so that she may not bring a fifth dog back. Ms. Westleigh: May I ask a question? Mr. Alcaraz: No, we're in voting. Sorry. Madam Clerk: The vote is open. By a vote of nine to zero, agenda item number six has been recommended for approval. Mr. Alcaraz: We voted for that with the revision. Is there a question? Ms. Westleigh: The question would just be, that doesn't stop me from in the future down the road if I have no dogs to reapply for an application, does it? Or is this like a permanent I can't reapply in the future period? Mr. Alcaraz: Can she apply again? Yes. Ms. Westleigh: Okay. Thank you. YE 9 NAY 0 ABS 0 ABSENT2 Icaraz AYE Anderson ABS Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris ABS Hippen AYE Horsley AYE Parks AYE Plumlee I nYE CONDITIONS 1 . The Conditional Use Permit shall be limited to a maximum of five (5) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. There shall be no breeding of dogs on the site. 5. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. 6. No more than four (4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. Hilltop Veterinary Hospital 1801 Laskin Rd D Virginia Beach,VA, 23454 Ph: 757-425-2011 NILI,TOP VETLRINARY CLINIC Fax: 757-425-6569 Email: hilitopvet@live.com To whom is may concern, on Ms. Alliena Westleigh has been a client of Moose, Vet Bun Clinic siny, and nce esgustAll off 2022,er do Her gs arefive pees onitdhegr annual exams,s who live at residence are is mommaand recommended Lucy, Mars whenever tests,and recom dandd following all of our re ommendat otns for their care. We have bringing never noted annys 'n whenever to issue has appeared ectoparasites, malnourishment,or unexplainable scars or injuries on any of their exams. It is our opinion that her dogs are well loved and cared for. Sin rely Dr.Jessica Rolley, DVM Hilltop Veterinary Hospital 1801 Laskin Rd Virginia Beach,VA, 23454 757-425-2011 r From: nicholebauahan73Cabgmail.com To: Michaela D. Mckinnev Subject: 5205 Shore Drive Date: Friday,November 10,2023 2:18:29 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. Subject: Letter of Support for Alliena Westleigh's Kennel Application I hope this message finds you well. I am writing to express my strong support for her application for a kennel license. Alliena has demonstrated a deep passion for animals,particularly dogs. Furthermore,she is highly organized,responsible,and attentive to detail,which are crucial qualities for the safe and efficient operation of a kennel. She has also shown great care and consideration for neighbors and the local community,actively addressing any concerns and maintaining open lines of communication. I have no doubt that she will manage the kennel with the highest standards of care,safety,and professionalism. Granting them this opportunity would not only benefit the dogs because we don't need anymore homeless dogs but it is promoting responsible pet ownership and providing a loving environment for these animals. In conclusion,I wholeheartedly endorse Alliena's application for a kennel license and believe she is exceptionally qualified for this role. Thank you for your time and consideration. Sincerely, Nichole Hatch Sent from my Whone From: Kara Rush To: Michaela D. Mckinnev Subject: Alliena westleigh Date: Sunday, November 12,2023 6:44:20 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. Hello,I was sending this email in regard to the kennel license for 5205 shore drive . I wanted to just let you know I am in favor of Miss.westleigh being approved for the application. Sent from my iPhone L. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda(including all backup documents) is available at https:Hclerk.virginiabeach.gov/ciiy- 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 TCheliusaaA og v.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: hltps:Hvbgov.webex.com/weblink/register/rc76dc873 fdaf47312d75dd4a442c6e6l 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on January 16, 2024. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S li S I S DATE:01/02/2024 PAGE: 1 IZ H C I H V R A H T W W U E A E M R U A 1 O C D N C M M O L Y L O C Y L A 1 O U M L S T AGENDA H E E N C N S A O O E ITEM# SUBJECT MOTION VOTE I R N' T K U 1 N R N N I. CITY COUNCIL'S BRIEFING A. FEDERAL LEGISLATIVE UPDATE Anthony Bedell,Senior Corporate& Government Relations Director—Becker& Poliakoff Alfonso Lopez,Senior Corporate& Government Relations Consultant—Becker& Poliakoff 11. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS Kaitlen Alcock, Planning Administrator III-VI CERTIFICATION OF CLOSED CFRTIFIED 10-0 Y Y Y Y Y Y Y Y Y A-F SESSION G. MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y l INFORMAL AND FORMAL SESSIONS December 5,2023 _ 2. INFORMAL AND FORMAL SESSIONS APPROVED 10-0 Y Y N Y Y N N" Y Y Y December 12,2023 H. MAYOR'S PRESENTATION RECOGNIZING ENVISION LEAD GROW (Sponsored by Council Members Berlucchi, Schulman,Remick,Rouse and Wooten) I PUBLIC HEARING I. GRANT OF EASEMENT OVER CITY- 0 SPEAKERS OWNED PROPERTY 20 foot wide utility easement to Greensville County Water&Sewer Authority (Lake Gaston Pipeline located in the Town of Jarratt,Greensville County,Virginia) K.1. Ordinance to ACCEPT and APPROPRIATE ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y $14.9-Million in Federal Funding from the Safe Streets and Roads for All grant program to the FY2023-24 Parks and Recreation Operating Budget;APPROPRIATE$2.998- Million from the General Fund Balance to the FY2023-24 Parks and Recreation Operating Budget;AUTHORIZE a local match totaling $3.9-Million; and TRANSFER $17.898- Million from the FY2023-24 Parks and Recreation Operating Budget to Capital Project #100644,"Virginia Beach Trail"(Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Remick, Ross- Hammond,Rouse,Schulman,and Wooten) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S 13 S I S DATE:01/02/2024 PAGE: 2 It H C I H V R A H T W W l E A E M R U A I O D N C M M O L Y L O Y L A 1 O U M L S T AGENDA If F F N C N S A O O E I EM# SUBJECT MOTION VO 1 1 I R Y I K 1) 1 N R N N K.2. Ordinance to AUTHORIZE the Modification ADOPTED,BY 8-0 Y Y l' A A Y Y Y Y Y of the Memorandum of Understanding between CONSENT 13 13 the City and the Virginia African American S S Cultural Center, Inc. re extend certain T T construction deadlines A A I I N N E D 1) K.3. Ordinance to APPROPRIATE$687,072 from ADOPTED,BY 10-0 Y Y Y Y Y Y Y the lease of dark fiber to Capital Project CONSENT #100106,"Next Generation Network" KA. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y' Y Y Y Y Y 1' $499,753 from the Virginia Department of CONSENT Criminal Justice Services to the FY2023-24 Commonwealth Attorney's Operating Budget and to AUTHORIZE two (2) grant-funded full-time positions re prosecuting certain misdemeanor offenses K.5. Resolution to ADD Student Members to the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y 1' Flood Prevention Bond Referendum CONSENT Oversight Board 1'.1. RUFFIN 86,LLC for a Variance to Section DEFERRED TO 10-0 Y Y Y Y 1' Y Y Y Y Y 4.4(c)of the Subdivision Regulations re FEBRUARY 6,2024, demolish three(3)dwelling units to BY CONSENT construct one-single family dwelling at 109 A&B 86ih Street&8600 Ocean Front Avenue DISTRICT 6(Deferred from December 12,2023) N. APPOINTMENTS IMSCHIT)U11::1) 13 Y C O N S I N S U S 90-DAY FESTIVAL TASK FORCE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS U ti B E S DATE:01/02/2024 PAGE: 3 R Il C L H V R n H T W W U E A 1 M R U A I O C D N ( M M O L Y L O C Y L n I O U M L S T AGENDA H E E C N S A O O E ITEM# SUBJECT MOTION I R Y I K D E N R L_J_Njl ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD 90-DAY FESTIVAL TASK FORCE Appointed: Elizabeth Bauman- Representing Resort Advisory Commission Member Lauren Bland Jaketa Clark- Thompson- Representing Minority Business Council Member Nancy Creech Jeanne Evans-Cox- Representing Central Business District Nick Jacovides Michael Mauch- Representing Restaurant Association Deepak Nachnani David Leader Robert Pizzini Cynthia Romero- Representing Arts and Humanities Commission Member George Waters John Zirkle- Representing VB Hotel/Motel Association 90 Day Term 1/2/2024-4/2/2024 COMMUNITY POLICY AND Reappointed: 111-0 Y Y Y Y 1' 1' Y Y Y Y MANAGEMENT TEAM Amanda Caton- Representing Health Department Charlene Collins- Representing Human Services Designee Angela Hicks- Representing Community Services Board Roni Myers-Daub- Representing VB City Public Schools Gregory Smith- Representing Cowl Services Unit 2 Year Term 2/1/2024-1/31/2026 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS t> S B S E S DATE:01/02/2024 PAGE: 4 R If C L H b' R A H 1 W W U E A E M R U A 1 O C D N t M M O 1- Y L O C Y L rA 1 O U M L S T AGENDA H E F N C N S A O O F ITEM# SUBJECT MO11UN VOTE I I R I Y I h D 1 N IZ N N MILITARY ECONOMIC DEVELOPMENT Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y ADVISORY COMMITTEE William Curtis 5 Year Tenn 1/2/2024- 12/31/2029 PLANNING COMMISSION Appointed: 10-0 Y Y Y Y Y N' 1' Y Y Y John Cromwell- Representing District 2 Reappointed: John Coston- Representing District 9 4 Year Tenn 2/1/2024-1/31/2028 PUBLIC LIBRARY BOARD Appointed: l0-U Y Y N' N' N' N' Y Y Y N Jayla Smith- Representing Student Member Student Tenn thru 6/30/2025 VIRGINIA BEACH CANNABIS Appointed: 10-0 Y Y Y N" Y N' N N' Y Y ADVISORY TASK FORCE Michael Mauch- Representing Resort Advisory Committee Member 2 Year Tenn 1/2/2024-12/31/2025 WETLANDS BOARD Appointed: 10-0 Y Y Y Y Y Y N Y Y Y Pau I I Jolley- Representing Alternate Member Unexpired Tenn 1/2/2024-8/31/2024 O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT 6:32 PM OPEN DIALOGUE 6:54 PM 8SPEAKERS