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2-20-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 1MYOR ROBERTM. "BOBBY"DYER,At Large •BFq VICE MAYOR ROSEMARY WILSON—District 5 MICHAEL F.BERLUCCHI—District 3 p4 L BARBARA M.HENLEY—District 2 n DAVID HUTCHESON—District 1 I 5 ROBERT W. "WORTH"REMICK—District 6 DR.AMELIA N.ROSS HAMMOND—District 4 JEAWFER ROUSE—District 10 `'•,y — at` JOASHUAF. 'JOASH"SCHULMAN—District 9 °F OUR .0`O CHRIS TAYLOR—District 8 SABRINA D.WOOTEN—District 7 CITY HALL BUILDING I CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITYMANAGER—PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY A TTORNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR—LYNDONS.REMIAS February 20,2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -Conference Room- 1:00 P11 A. 2024 GENERAL ASSEMBLY UPDATE Brent McKenzie,Legislative Affairs Liaison B. PIN MINISTRY SERVICES 1:30 PM Dallas Stamper, Executive Director (Requested by Council Members Remick,Rouse and Wooten) I1. CITY MANAGER'S BRIEFINGS A. WASTE MANAGEMENT/SPSA/RECYCLING UPDATE 2:00 PM L.J. Hansen,Director—Public Works B. COLLECTIVE BARGAINING UPDATE 2:45 PM Stacy Hawks, Co-Director—Human Resources III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM IV. CITY COUNCIL AGENDA REVIEW 3:45 PM V. INFORMAL SESSION -Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V1. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER—Mayor Robert M. '`Bobby" Dyer B. INVOCATION 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. MINUTES 1. INFORMAL AND FORMAL SESSIONS February 6, 2024 H. MAYOR'S PRESENTATION 1. AFRICAN AMERICAN HERITAGE MONTH PROCLAMATION Earnest Gregory—Union Kempsville I. BID OPENING 1. MANAGEMENT OF CITY PROPERTY 2044 Landstown Centre Way J. PUBLIC HEARING 1. DECLARATION AND SALE OF EXCESS CITY PROPERTY Located at the intersection of Ferry Point Road and Indian River Road K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES/RESOLUTION 1. Ordinance to TRANSFER$25,000 from the General Fund Reserve for Contingencies to the FY2023-24 Department of Cultural Affairs Operating Budget and PROVIDE a grant not to exceed $25,000 to the Virginia Beach Police Foundation re capital repairs to the Law Enforcement Memorial (Requested by Mayor Dyer) 2. Ordinance to AMEND the Advertising Advisory Committee membership (Requested by Vice Mayor Wilson and Council Members Remick and Ross-Hammond) 3. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City re purchase of Agricultural Reserve Program Easements 4. Ordinance to AUTHORIZE the release from escrow to VB One, L.P. of interest collected on a HOME Program Loan re acquisition and rehabilitation of the Pine Oak Apartments 5. Ordinance to ESTABLISH Capital Project#100670, "Voter Registrar Facility"; APPROPRIATE and TRANSFER$3,188,258 from the General Fund Balance; TRANSFER $11.5-Million from the General Fund Debt Service; and TRANSFER$2,561,742 from the American Rescue Plan Act Appropriation(ARPAA)re acquire property and buildout of 500 Studio Drive for the Office of Voter Registration and Elections Operations 6. Ordinance to APPROPRIATE $719,000 of Fund Balance from the School Site Landscaping Internal Service Fund to the FY2023-24 Parks and Recreation Operating Budget re replacement of equipment and vehicles 7. Ordinance to ACCEPT and APPROPRIATE $50,000 from the Virginia Department of Health to the Consolidated Grant Fund re costs to replace lead water service lines 8. Ordinance to ACCEPT and APPROPRIATE $16,800 from the Virginia Department of Forestry to the FY 2023-24 Parks and Recreation Operating Budget and to AUTHORIZE an In-Kind Grant Match within the Parks and Recreation Operating Budget re tree pruning 9. Ordinance to ACCEPT and APPROPRIATE $4,380 from the Virginia Department of Motor Vehicles to the FY2023-24 Police Department Operating Budget and AUTHORIZE a local grant match re training in pedestrian and bicycle crash investigations 10. Ordinance to TRANSFER funds within the FY2023-24 Department of Public Utilities Operating Budget re Water Services Contract and Raw Water Sales Agreement 11. Ordinance to TRANSFER$360,751 from the General Fund to the FY2023-24 Department of Public Health Operating Budget re meet the City's required contributions to the FY2023-24 Local Government Agreement M. PLANNING 1. WADE W. BELL for a Variance to Section 4.4(b)of the Subdivision Regulations re reduce and reconfigure four(4) lots into three(3)lots at 3957, 3961, 3969 Dawley Road and parcel between 3957 & 3961 Dawley Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. BARBARA C.DUFF AND HOYT L.DUFF,II for a Street Closure re approximately 5,751 square feet of an unnamed,unimproved right-of-way adjacent to 2325 Virginia Beach Boulevard DISTRICT 3 RECOMMENDATION: APPROVAL 3. VIRGINIA BEACH AVA RE,LLC for a Street Closure re approximately 813 square feet of an unnamed, unimproved right-of-way adjacent to 2375 Virginia Beach Boulevard DISTRICT 3 RECOMMENDATION: REFER BACK TO PLANNING COMMISSION 4. EVERGREEN VIRGINIA L.L.C. for a Street Closure re approximately 2,854 square foot portion of North Lynnhaven Road adjacent to 2865 Virginia Beach Boulevard DISTRICT 3 RECOMMENDATION: APPROVAL 5. CAR SPA VIRGINIA BEACH I,LLC for a Modification of Conditions to a Conditional Use Permit re car wash facility expansion at 3282 Holland Road DISTRICT 3 RECOMMENDATION: APPROVAL 6. C THE JEMS,LLC/JONATHAN PROPERTIES,LLC for a Modification of Proffers to a Conditional Rezoning and a Conditional Use Permit re bulk storage yard—tow at 2625 Horse Pasture Road DISTRICT 5 RECOMMENDATION: APPROVAL 7. CITY OF VIRGINIA BEACH for a Change of Zoning from R-7.5 Residential to P-1 Preservation re neighborhood park at 4549 Revere Drive DISTRICT 1 RECOMMENDATION: APPROVAL 8. THE LAB COMMERCIAL KITCHEN, LLC /BONNEY BROTHERS CORPORATION for a Conditional Use Permit re bulk storage yard at 405 South Witchduck Road DISTRICT 1 RECOMMENDATION: APPROVAL 9. ANNA JEAN SALON AND BOUTIQUE,LLC/ROGERS PROPERTIES,LLC for a Conditional Use Permit re tattoo parlor at 1637 Independence Boulevard, Suites A&B DISTRICT 9 RECOMMENDATION: APPROVAL 10. ALLIENA WESTLEIGH/SAW CONTRACTING,INC for a Conditional Use Permit re residential kennel at 5205 Shore Drive DISTRICT 9 (Deferred from January 16, 2024) RECOMMENDATION: APPROVAL N. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY 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 HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD PERSONNEL BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 ####kk#kkkkkkk##k##kkkkk# 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 TChelius(a-,vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx.Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/rfa6f47409572c8479c24ceea966ec l 5e 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on February 20, 2024. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:00 PM A. 2024 GENERAL ASSEMBLY UPDATE Brent McKenzie, Legislative Affairs Liaison B. PIN MINISTRY SERVICES 1:30 PNI Dallas Stamper, Executive Director (Requested by Council Members Remick, Rouse and Wooten) II. CITY MANAGER'S BRIEFINGS A. WASTE MANAGEMENT/ SPSA/RECYCLING UPDATE 2:00 PN1 L.J. Hansen, Director—Public Works B. COLLECTIVE BARGAINING UPDATE 2:45 PM Stacy Hawks, Co-Director—Human Resources III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM IV. CITY COUNCIL AGENDA REVIEW 3:45 PM V. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION 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. MINUTES 1. INFORMAL AND FORMAL SESSIONS February 6, 2024 H. MAYOR'S PRESENTATION 1. AFRICAN AMERICAN HERITAGE MONTH PROCLAMATION Earnest Gregory—Union Kempsville ,NIA:�Ac 04 Gr6' U of OUR NAt� Vrodamation "k-reas The first Africans in Virgins were a group of captive enslavedpersons onginaffy fibm modern Angola who fandedat O&Toint Comfort in Hampton,Virgins in 1619,and ulerwr One of the first schools forAfrican American students was esta6Cished in 1868;and U*ereas: In 1968 there were 105 students that graduatedfmm VK)fS.The principa(was Mr.Yoseph V Boykin.Tie schoolSuperintendent was Mr.E.E.BncfrfG Mr.CharfesA. `Willrs was the Assistant Principa(at V)fS.There were 53 teachers andoffue members the same year Mr.CharfesA. Ui s stiff fives today;and 'tMrierea: In 1933 at the end of the regular term,the Training SchoofAssociation dud not receive an agreement from the Schoo(Board,for the construction of the schooffor Negroes.Therefore,the Training Schoof Association decidedto set-upgrades eight through eleven at the union 7(fmpsvitle focatedat Smith CornerChurrh,•and Wierear. The generalcommemoration of the hietoriealeontri6ution ofAfiicanAmericans in'Virginia and elsewhere was first esta6fshedas Negro7fistory Week in 1926 by a native'Virginian,Carter G. Woodson;and %*ere,as. :President Gerafd'R,'Ford eVanded this commemoration and cefe6ration to encompass Black.ll" Month in 1976;and `Whereas: The theme of the commemoration in 2024 is AfricanAmericans and theArts,and Ufxrea.. African,4merican artists,poets,writers,visualartists,anddancers have hiatoricalfy servedas change agents through theircrafts;•and "Affr".. Through art,important issues andfigures in AfricanAmerican history are ezafted,and underrepresentedstories are preserved. Now,T iierefrne 1,&6ert M. 'Bobby'(Dyer,Mayor of the City of Virginia Beach, 'Virginia,do here6y proclaim: F'e6ruary 2024 African American 7Leritage W onth In'Vvginia Beach, I call upon aff citizens, government agencies, pubfu and private institutions, businesses, and schools in Virginia Beach to join us in celebrating art and its relationship with justice. Art plays a role in communicating emotion, 6uil-,ng community,and inspiring action. In 'Witness %*ereof, I have hereunto set my, hand and caused the Official Sea(of the City of Virgins Beach, Virgins,to be affiredthis Twentieth Day of'February,Two Thousandand7wenty-'Four. P,9bert 9K. °(Bob6y'q)yer Mayor I. BID OPENING 1. MANAGEMENT OF CITY PROPERTY 2044 Landstown Centre Way r J� PUBLIC NOTICE Bids for Management of Cb Propo Notice is hereby given that bids shall be received for the management of City-owned property located at 2044 Landstown Centre Way, Virginia Beach, VA, totaling approximately 37.2 acres and commonly known as the Sportsplex and Field Hockey Complex. The City will accept bids only for the operation of both facilities. The term of the proposed management agreement will not exceed 20 years. The Sportsplex and Field Hockey Complex are currently operated as programmed public recreational facilities.Each facility offers a variety of league and tournament events featuring local groups and participants traveling from outside the region.It is the intention of the City that the uses remain substantially the same. The important elements that will be considered by the City in evaluating the bids include: • Experience of the proposed manager in the operation of similar facilities. • The manager's plan to retain or expand the current number of events at the facilities. • The manager's plan for maintenance of the facilities and the expected City contribution. • Any improvements,upgrades or changes to the facilities proposed to be funded by the manager. • The proposed fee structure for manager's operation of the facilities,including any revenue sharing with the City. Sealed, written bids should be delivered to City of Virginia Beach, Department of Parks and Recreation, 2154 Landstown Road, Virginia Beach, VA 23456, Attn: Jane Jagodzinski. Bids will be acceoted until 5:00 o.m.. Monday, February 19,2024 and should be labeled"Do Not Ooen-Sportsolex Field Hockev Bid Documents". A copy of the proposed ordinance is on file and available for inspection during normal business hours in the office of the City Clerk. Bids shall be opened at the informal meeting of City Council on Tuesday. February 20.2024 and summaries of the bids shall be read by the presiding officer at the regular meeting of the City Council, in the Council Chambers,City Hall-Bldg.1, Virginia Beach Municipal Center,on Tuesday.February 20.2024,at 6,00 ➢dtl. After the reading of bid summaries, at a subsequent meeting, Council will obtain public comments on the proposed management agreement.The right to reject any and all bids or to make multiple awards is hereby expressly reserved. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 386 4303; Hearing impaired call 711 (Virginia Relay-Telephone Device for the Deaf). If you wish to make comments virtually during the public hearing, please follow the twoatep process provided below: 1. Register for the WebEx at: hft nc-//vbenv.webex.cnm/wp Mink/registPr/rfa 6f474M57 2cA479c24ceea966ac15e 2. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m. on February 20,2024. All interested parties are invited to participate. Amanda Barnes,IONIC City Clerk PILOT-1/14/24 AND 1,/21,/24 (Legal Notices:Bids&Proposals) J. PUBLIC HEARING 1. DECLARATION AND SALE OF EXCESS CITY PROPERTY Located at the intersection of Ferry Point Road and Indian River Road ?3 k �z �u� s PUBLIC HEARING DECLARATION AND SALE OF EXCElSS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, February 20,2024 at&'00 p.m. in the City Hall Building(Building S1)at the Municipal Center,Virginia Beach, Virginia.The purpose of this hearing will be to obtain public input to determine whether the City-owned properties located at the intersection of Ferry Point Road and Indian River Road (GPINs: 1465-19-4298 & 1465-19.4242)should be declared in excess of the City's needs and sold. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303;Hearing Impaired,call 1-800- 828-1120(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works/Real Estate,2473 N. Landing Road, Building 23, at the Virginia Beach Municipal Center; (757)385-0161. If you wish to make comments virtually during the public hearing, please follow the tyro-step process provided below: 1. Register for the WebEx at: hUps://Ybgov,wet)ex.com/we bli n k/register/rfa6f4740957 2c8479c24ceea966ec15e 2. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m. on February 20,2024. Ail interested parties are invited to participate. Amanda Barnes City Clerk Pilot February 11,2024 Al, f I{tt 4 LLLZr or a ....a..li� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Declare 9,833± Sq. Ft. of City-Owned Property Located at Ferry Point Road to be in Excess of the City's Needs and Authorizing the City Manager to Convey to Meader Properties, LLC PUBLIC HEARING DATE: February 20, 2024 MEETING DATE: March 5, 2024 ■ Background: The City of Virginia Beach (the "City") owns two parcels of land located at the intersection of Ferry Point Road and Indian River Road, commonly known as GPINs: 1465-19-4298 & 1465-19-4242 (the "Properties"). The Properties are residual parcels from larger parcels that were acquired by condemnation for the Indian River Road — Phase V Project (CIP 2-080) in March 1992, which project is complete. The Properties consist of 9,833± sq. ft. Meader Properties, LLC (the "Applicant") owns an adjacent property located at 5505 Indian River Road (GPIN: 1465-19-4354). The Applicant desires to purchase the Properties and resubdivide them into its adjacent property to accommodate more parking, a new monument sign, and a dumpster enclosure. The Applicant has been advised that even if the City conveys the Properties, nothing obligates the City to any land use, rezoning, or other government approvals required for the Applicant's proposed use of the Properties. City staff has no objection to the conveyance, subject to the reservation of a 10' drainage easement along Ferry Point Road. Additionally, if the City conveys the Properties, the proceeds will be deposited in a transportation-related CIP, Traffic Safety Improvements IV — CIP 100423, because the Properties were acquired as part of a state-funded transportation project. ■ Considerations: Because the Properties were acquired by condemnation and previously put to a public use, an affirmative vote of three-fourths of all members of City Council is required to authorize the sale. ■ Public Information: A public hearing as required by Section 15.2-1800 Code of Virginia was advertised in The Virginian-Pilot on February 11 , 2024, and will be held on February 20, 2024. Public information will also be provided through the normal City Council agenda process. ■ Alternatives: Deny the request or add conditions as desired by Council. ■ Recommendations: Approval. ■ Attachments: Ordinance, Exhibit A (Legal Description), Exhibit B (Summary of Terms), Location Map and Disclosure Statement Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate City Manager:/Ao? 1 AN ORDINANCE TO DECLARE 9,833± SQ. 2 FT. OF CITY-OWNED PROPERTY 3 LOCATED AT FERRY POINT ROAD TO BE 4 IN EXCESS OF THE CITY'S NEEDS AND 5 AUTHORZING THE CITY MANAGER TO 6 CONVEY TO MEADER PROPERTIES, LLC 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of two parcels 9 of land located at the intersection of Ferry Point Road and Indian River Road, commonly 10 known as GPINs: 1465-19-4298 & 1465-19-4242 (the "Properties"), and more particularly 11 described on Exhibit A, attached hereto and made a part hereof; 12 13 WHEREAS, the Properties are residual parcels from larger parcels acquired 14 by condemnation for the Indian River Road — Phase V Project, CIP 2-080 (the "Project"), 15 which was a Virginia Department of Transportation (VDOT) funded project; 16 17 WHEREAS, Meader Properties, LLC, a Virginia limited liability company(the 18 "Applicant"), owns the parcel of land located at 5505 Indian River Road (GPIN: 1465-19- 19 4354), which is adjacent to the Properties; 20 21 WHEREAS, the Project is complete and the Applicant has requested to 22 purchase the Properties in order to resubdivide them into its adjacent property in 23 accordance with the terms and conditions set forth in the Summary of Terms, attached 24 hereto as Exhibit B and made a part hereof; and 25 26 WHEREAS, the City Council is of the opinion that the Properties are in excess 27 of the needs of the City. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the Properties are hereby declared to be in excess of the needs of the 33 City of Virginia Beach and that the City Manager is hereby authorized to execute any 34 documents necessary to convey the Properties to Applicant in accordance with the 35 Summary of Terms, attached hereto as Exhibit B, and such other terms, conditions or 36 modifications as may be acceptable to the City Manager and in a form deemed satisfactory 37 by the City Attorney. 38 39 This Ordinance shall be effective from the date of its adoption. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 42 day of 2024. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL CA16262 R-1 Prepared: 2/7/24 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BLIC WO S/REAL ESTATE O EY APPROVED AS TO CONTENT: dget & anagement Services EXHIBIT A LEGAL DESCRIPTION FERRY POINT ROAD; GPIN: 1465-19-4298: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, and being more particularly bounded as follows. BEGINNING at a point on the southern right-of-way line of Indian River Road and the common corner between the parcel of land designated and described as "GPIN: 1465-19-4354 PROFESSIONAL CENTER ASSOCIATES (D.B. 2376, PG. 1332)" and the parcel of land designated and described as "009 GPIN: 1465-19-5236 INDIAN RIVER ROAD ASSOCIATES (D.B. 1874, PG 371) (D.B. 2776, PG. 458)" on that certain plat entitled "PLAT OF PROPERTY BEING ACQUIRED FROM INDIAN RIVER ASSOCIATES PARCEL 009, BY THE CITY OF VIRGINIA BEACH FOR C.I.P. 2-080 INDIAN RIVER ROAD - PHASE W, DATED January 22, 1991, prepared by Engineering Services Inc., and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 218, Page 91; thence leaving said POINT OF BEGINNING and running with said southern right-of-way line S. 59' 55' 45" E. a distance of 4.87' to a point at the intersection of the western right-of-way of Ferry Point Road and the said southern right-of-way of Indian River Road; thence leaving Indian River Road and running along the western right-of-way of Ferry Point Road, S. 18' 11' 23" E. a distance of 52.50' to a point; thence continuing with said Ferry Point Road along a curve to the right having a radius of 1403.90' an arc length of 66.11' and a delta angle of 020 41' 54" to a point; thence continuing along the said right-of-way of Ferry Point Road, S. 29' 58' 42" W. a distance of 95.34' to a point; thence leaving the western right-of-way of Ferry Point Road and running N. 60" 04' 54" W. a distance of 44.50' to a point; thence running N. 29' 40' 32" E. a distance of 196.50' to the POINT OF BEGINNING, containing 8,071 Sq. Ft. or 0.18529 Acres. LESS AND EXCEPT AND RESERVING UNTO THE CITY a 10' public drainage easement along the entire eastern boundary of the property abutting Ferry Point Road. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property acquired by the City of Virginia Beach from Indian River Road Associates, a Virginia general partnership, by Certificate of Take, dated January 22, 1992, recorded in the aforesaid Clerk's Office in Deed Book 3070, at page 1379, and confirmed by that Order Confirming Commissioner's Report entered on November 1 , 1993 and recorded in the aforesaid Clerk's Office in Deed Book 3295, at page 1053. FERRY POINT ROAD; GPIN: 1465-19-4242 ALL THAT certain lot, piece or parcel of land, being known, designated and described as "PARCEL 009A-1 NOT A BUILDALBE SITE CITY OF VIRGINIA BEACH 1465-19-4242" and further described as "009A-1 2,949 SQ. FT. 0.068 ACRES," as shown on that certain plat entitled "RESUBDIVISION OF PARCEL A-2 (INST. NO. 200310150167649), PART OF PARCEL 009A (M.B. 218 PG. 92) & PART OF PARCEL 011 (M.B. 218, PG. 85) VIRGINIA BEACH, VIRGINIA", Scale: 1" = 20', dated May 25, , 2010, prepared by Ward M. Holmes, Land Surveyor, P.C. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20100611000575200. LESS AND EXCEPT AND RESERVING UNTO THE CITY a 10' public drainage easement along the entire eastern boundary of the Property abutting Ferry Point Road. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property acquired by the City of Virginia Beach from Indian River Road Associates, a Virginia general partnership, by Certificate dated January 22, 1992, recorded in the aforesaid Clerk's Office in Deed Book 3070, at page 1379, and confirmed by Order Confirming Commissioners' Report entered on November 1 , 1993 and recorded in the aforesaid Clerk's Office in Deed Book 3295, at page 1053. EXHIBIT B SUMMARY OF TERMS SELLER: City of Virginia Beach ("City") BUYER: Meader Properties, LLC CITY PROPERTIES TO BE CONVEYED: 9,833± Sq. Ft. (0.225 acre) of City property located on Ferry Point Road (GPIN: 1465-19-4298 & 1465-19-4242), more particularly described on Exhibit A SALE PRICE: $20,000.00 CONDITIONS OF SALE: • The Properties are conveyed "AS IS, WHERE IS," by Special Warranty Deed, subject to all existing easements and restrictions of record. • Buyer shall adhere to all zoning ordinances and City Code requirements to develop the Properties. • City will reserve a 10-foot public drainage easement along Ferry Point Road. • Buyer shall resubdivide the Properties into the adjacent property located at 5505 Indian River Road and vacate interior lot lines. • Buyer shall be responsible for its own closing costs, recording fees, and attorney's fees. • The City has the right to terminate the sale if closing has not occurred on or before December 31, 2027. r CE R N ApRpVIDEN D El W E 15 Existing Utility Easement c Rid � FRRp Q� S S/r FERRELL PW O 1465-19-4298 MEADER PROPERTIES, LLC 7,129 SQ. FT. 1465-19-4354 18,468 SQ. FT. qNR�� RRO Proposed 10' Drainage Easement o 1465-19-4242 2,704 Sq. Ft. O �FRR o yA°%T RO Legend Proposed 10' Drainage Easement LOCATION MAP - - -- � 15' Existing Utility Easement PROPERTY OF CITY OF VIRGINIA BEACH 1465-19-4298 O GPIN 1465-19-4298 1465-19-4242 O GPIN 1465-19-4242 City Property Feet 0 50 100 200 Prepared by P.W./Eng./Eng. Support Services Bureau 01/30/2024 X:\ProjectsWRC Files\AGENDA MAPS\City Property\1465-19-4242\1465-19-4242 4298 01 30 24.mxd on, 15' Existing Utility Easement x 2 w Q �S r .k + i / 1465-19-4298 MEADER PROPERTIES, LLC 7,129 SQ. FT. 1465-19-4354 ♦P 18,468 SQ. FT. 014 Proposed 10' Drainage Easement n } �� ► 1465-19-4242 r 2,704 Sq. Ft. Legend . ,� Proposed 10 Drainage Easement r LOCATION MAP PROPERTY OF --- 15' Existing Utility Easement CITY OF VIRGINIA BEACH 1465-19-4298 ; G PI N 1465 1465-19-4242 -19-4298 �, .c ' - GPIN 1465-19-4242 ,, �,, City Property r " Feet 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 01/30/2024 X:\Projects�ARC Files\AGENDA MAPS\City Property\1465-19-4242\1465-19-4242 4298 01 30 24.mxd Disclosure Statement City afVirginia Mich 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 Meader Properties, LLC a Virginia limited liability company Does the applicant have a representative? ❑ Yes 0 NO • If yes,list the name of the representative. 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) Lon B. Meader&Lucy Meader • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Meader Properties LLC,Meader Family Dentistry '"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 11 P a g e Disclosure Statement City of Viryiniu Bondi Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ■ No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ No If yes,identify the financial institutions providing the service. Southern Bank&Trust Company 2. Does the applicant 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 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. Zuckerman and Associates 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 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 ■ NO • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement City of Virginia Beau 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 0 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 0 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 Lon B. Meader Lucy Meader Print Name and Title February 2,2024 February 2,2024 Date Is the applicant also the owner of the subject property? ❑ Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 1 P a g e Disclosure Statement (Sty of Virginia Bawh Planning & Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 1 P a g e Disclosure Statement W City of Virginia&afth Planning & Community Development Owner Disclosure Owner Name City of Virginia Beach Applicant Name Meader Properties, LLC a Virginia limited liability company Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest bV Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Disclosure Statement W City of Virginia Beach Planning & Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 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 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? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 1 P a g e Disclosure Statement Am City of Virginia Bench Planning & Community -ism 00--Z - " Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ NO • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Lon B. Meader Lucy Meader c Print Name and Tit February 2,2024 February 2,2024 Date Revised 11.09.2020 7 1 P a g e K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES/RESOLUTION 1. Ordinance to TRANSFER$25,000 from the General Fund Reserve for Contingencies to the FY2023-24 Department of Cultural Affairs Operating Budget and PROVIDE a grant not to exceed $25,000 to the Virginia Beach Police Foundation re capital repairs to the Law Enforcement Memorial(Requested by Mayor Dyer) 2. Ordinance to AMEND the Advertising Advisory Committee membership (Requested by Vice Mayor Wilson and Council Members Remick and Ross-Hammond) 3. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City re purchase of Agricultural Reserve Program Easements 4. Ordinance to AUTHORIZE the release from escrow to VB One, L.P. of interest collected on a HOME Program Loan re acquisition and rehabilitation of the Pine Oak Apartments 5. Ordinance to ESTABLISH Capital Project#100670, "Voter Registrar Facility"; APPROPRIATE and TRANSFER$3,188,258 from the General Fund Balance; TRANSFER $11.5-Million from the General Fund Debt Service; and TRANSFER$2,561,742 from the American Rescue Plan Act Appropriation(ARPAA)re acquire property and buildout of 500 Studio Drive for the Office of Voter Registration and Elections Operations 6. Ordinance to APPROPRIATE $719,000 of Fund Balance from the School Site Landscaping Internal Service Fund to the FY2023-24 Parks and Recreation Operating Budget re replacement of equipment and vehicles 7. Ordinance to ACCEPT and APPROPRIATE $50,000 from the Virginia Department of Health to the Consolidated Grant Fund re costs to replace lead water service lines 8. Ordinance to ACCEPT and APPROPRIATE $16,800 from the Virginia Department of Forestry to the FY 2023-24 Parks and Recreation Operating Budget and to AUTHORIZE an In-Kind Grant Match within the Parks and Recreation Operating Budget re tree pruning 9. Ordinance to ACCEPT and APPROPRIATE $4,380 from the Virginia Department of Motor Vehicles to the FY2023-24 Police Department Operating Budget and AUTHORIZE a local grant match re training in pedestrian and bicycle crash investigations 10. Ordinance to TRANSFER funds within the FY2023-24 Department of Public Utilities Operating Budget re Water Services Contract and Raw Water Sales Agreement 11. Ordinance to TRANSFER$360,751 from the General Fund to the FY2023-24 Department of Public Health Operating Budget re meet the City's required contributions to the FY2023-24 Local Government Agreement CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $25,000 from the General Fund Reserve for Contingencies to the Department of Cultural Affairs and to Provide a One-Time Grant to the Virginia Beach Police Foundation for Capital Maintenance of the Law Enforcement Memorial MEETING DATE: February 20, 2024 ■ Background: In January 2012, the Virginia Beach Police Foundation, a volunteer, non-profit, private organization distinct and separate from the Police Department and the City, proposed to construct a memorial at the Virginia Beach Oceanfront. The Law Enforcement Memorial, located at the end of 35th Street at the Oceanfront, was dedicated June 23, 2012. The memorial features three bronze officers representing the Police Department, the Sheriff's Office, and state and federal law enforcement agencies. The City Council authorized the entry into a memorandum of understanding (the WOU") to address the responsibilities of the City and the Police Foundation for the Memorial. As provided by the MOU, the City is responsible for day-to-day maintenance, and the Foundation is responsible for capital and enhanced maintenance. Currently, the memorial is in need of capital repairs, and the Foundation has requested assistance from the City for these repairs. At the February 6, 2024, City Council meeting, the Mayor requested an ordinance be brought forward for consideration to assist the Foundation at the next formal Council meeting. ■ Considerations: The ordinance would authorize a one-time grant for capital maintenance of the Law Enforcement Memorial. The grants will be in the amount equal to the actual costs of the repairs but not to exceed $25,000. The ordinance does not modify the MOU, so the division of responsibilities set forth in the MOU would continue. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, Disclosure, Letter from Virginia Beach Police Foundation, January 2012 Ordinance and Attachments Requested by Mayor Dyer REQUESTED BY MAYOR DYER 1 AN ORDINANCE TO TRANSFER $25,000 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO 3 THE DEPARTMENT OF CULTURAL AFFAIRS AND TO 4 PROVIDE A ONE-TIME GRANT TO THE VIRGINIA 5 BEACH POLICE FOUNDATION FOR CAPITAL 6 MAINTENANCE OF THE LAW ENFORCEMENT 7 MEMORIAL 8 9 WHEREAS, the City Council approved the material terms of a memorandum of 10 understanding ("MOU") in January 2012, and the MOU governs the City and Virginia Beach 11 Police Foundation (the"Foundation")responsibilities for the Law Enforcement Memorial(the 12 "Memorial), which is located at 35th Street at the Oceanfront; 13 14 WHEREAS, the MOU provides the City is responsible for day-to-day maintenance of 15 the Memorial, and the Foundation is responsible for capital and enhanced maintenance; 16 17 WHEREAS, notwithstanding the MOU, the Foundation has requested the City provide 18 financial assistance for capital repairs for the Memorial; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA, THAT: 22 23 $25,000 is hereby transferred from the General Fund Reserve for Contingencies to 24 the FY 2023-24 Operating Budget of Cultural Affairs, and a one-time grant in the amount 25 equal to the actual costs of the repairs but not to exceed $25,000 is hereby authorized to 26 the Virginia Beach Police Foundation for capital repairs to the Law Enforcement Memorial. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. APPROVED AS TO LEGAL SUFFICIENCY: i orney's Office CA16422 R-2 February 14, 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: V�xr 1 xx3ef0c lo/Ic6- ,zC'a—r) o,✓ 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: S [NO] SERVICE PROVIDER needd additional sheets if Accounting and/or preparer of your /11 17AI 1/tU, )8dS CPA ❑ tax return Financial Services(include ❑ lending/banking institutions and O�✓"�C ��JK current mortgage holders as applicable) ❑ Legal Services i�AVFr�A� g` �9�✓4��5 o' Broker/Contractor/Engineer/Other O 12/ ❑ Service Providers t�w S��✓�<CS/ 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. �� y l 1>r�r 2-I Z Z fA PLICAN IGNATURE PRINT NAME DATE January 31, 2024 Members of Virginia Beach City Council • 2401 Courthouse Drive Virginia Beach, VA 23456 Re: Virginia Beach Law Enforcement 'Citizens Behind the Badge' Memorial P.O Box 56385 Dear Mayor Dyer& Members of Council: Virginia Beach,VA 23456 vhpoitcetoundation.org The Virginia Beach Law Enforcement Memorial ("Memorial") was dedicated to the City by the Foundation after completion of construction in Board of Directors June, 2012 and has been City property since that time. The January 31, AM (Joke)Jaco&$.Jr. 2012 MOU authorizing the construction of the Memorial indicates that the President "City shall be responsible for the day-to-day maintenance and repair of the Home Carr premises and the Memorial"while"the Memorial Donor(the Foundation) Vice-President shall be responsible for all enhanced maintenance and capital Michael Prendergast maintenance, repairs and expenditures." We do not recall why the MOU SeCe1ary was worded this way given the fact that the memorial was to (and did) Jacktyn Schaller become City property. The Foundation raised approximately $750,000 to Treasurer build the Memorial, which honors any law enforcement officer(local, Linwood O Branch Past President state or Federal) who dies in the line of duty in the City. Currently,there Raymond J Bach are 17 law enforcement officer's names on the memorial, 15 from Princess Anne County & Virginia Beach, and 2 from the military. William(Bdl)Brunke Sandra Canada The Memorial is now in need of major repair as a result of the failure of Nancy Creech anchors/attachment devises(at one panel) that were used to attach the Peter G Decker,Ill granite panels to the base. The City has received a quote from a qualified SWAM vendor to do the repairs in the amount of$12,000, with a Cash Jackson-Green contingency total amount of$24,000 if the granite panel in question Andrea Kilmer,CPA breaks when it is being removed for access to the anchors/attachment Robert(Bobby)Mathieson devices. I have included photographs showing the Memorial as it is today. Donald(Doc)Thrush We are requesting that the City bear the cost of this repair. Francis L (Bud)Warren,Jr Established in 2008, the Foundation is a small 501 (c) 3 non-profit with a William Humphrey focus on providing financial assistance to the Virginia Beach Police President Emeritus Department, individual members and their families, when such needs r.rl C3c.. arise. We did not anticipate a $12-25,000 bill to repair City property. We . do not hold fundraisers or use telephone solicitors,rather we depend upon Charles Barker President.Charles Barker word of mouth and local generosity for donations. Automotive Tom Barton.III With an all-volunteer Board and no paid staff, all donations go towards President,Beach Ford our mission, aside from Board insurance and required regulatory filings Wiluam o sessoms.Jr and registration. Following are examples,primarily since 2017, of how Vice•Presidenl,Towne Bank we have directly supported the VBPD, individual members and their Bruce L Thompson families: CEO.Gold Key/PHR The Virginm Beach Police roundanon is an 12S approved 501(c)(3)orgarication. c ' .r P : ,• a►% Our tar 11)number is 2 6-21 75 051. l w,it nrs.�ahra 2 1) Ballistic Resistant vests for VBPD K-9 Unit dogs—We have funded all but one of the vests since they were first issued to VBPD K-9 dogs, saving the City $26,759. 2) Scholarships for VBPD employees attending college— We have provided over$112,000 in scholarship money to members of the Department who were seeking to enhance their professionalism and become better critical thinking leaders through higher education. 3) Post-traumatic incident counselling, training and debriefing—We provided funding for these services for a significant number of Department members who were involved in the response or investigation related to the Building 2 mass shooting, saving the City approximately $22,000. 4) We recently paid three months of mortgage payments totaling $5,957.04 for a VBPD officer who had exhausted all of his paid leave and was on leave without pay while staying home to care for his terminally ill wife and their 5-year old son. 5) Miscellaneous training and equipment- We purchased miscellaneous equipment for the Mounted Patrol,the K-9 Unit and for Special Investigations,as well as funded miscellaneous training expenses for a variety of training opportunities for officers from multiple units, saving the City upwards of$10,000. 6) Day-to-day maintenance of the Memorial—Although the aforementioned MOU places responsibility for day-to-day maintenance on the City, in 2012 the Foundation initially took on this responsibility so as to ensure that professional experts were tasked with cleaning of the granite and any resealing of the joints between the granite panels during the first several years. Ultimately, this remained the way these tasks were handled for the past TEN years. Late last year,the City agreed to take back this responsibility. Over the past ten years,the Foundation spent$22,785.00 that would have otherwise been paid by the City on the required bi-annual cleaning, sealing of the granite every 3 years,resealing of the joints in the granite panels and repair of cracks due to initial settling of the Memorial. As shown by the non-exhaustive list above,the Foundation has provided over$199,501.00 in direct support to our city,our police department and our officers in recent years. Thanks to community support, it is our honor to be able to assist the VBPD, individual members and their families, and we are proud of the Memorial that will forever recognize the ultimate sacrifice of law enforcement officers who have died in the line of duty in Virginia Beach. Additionally,we are thankful for the City's support of the Memorial. 1t has become yet another icon of the Virginia Beach Boardwalk, as well as a place of honor,reverence and reflection for all who visit the site,most especially the families and co-workers of the fallen officers. We are hopeful that Council will agree to fund the needed repairs to the Memorial that has been City property since 2012. We appreciate your consideration of this request and anxiously await your response. This is a time sensitive matter,as the appearance of the Memorial as it now stands is unacceptable to all,and the annual National Police Week Memorial Ceremony will be held the week of May 15'. Sincerely, A.M., cocks,Jr President Chief of Police, Ret. Attachments Cc: Mr. Patrick Dulianey City Manager { : ► � Ad: Y a i, �k N A p P y; e F n yy. 1 .r x. m ,� ,�. . ., v ,� :. � ,:�� . y -� !!! L f �, . . ` �� + . i _ ,.�� .,; ��;< ,� ., F •�` x� t.�¢. ,�' t .,,,.r.,.R,. s+. k �' ,� � i .,.... + , k �� . < _ � � �I a 4� i s T '�, e c m � 4 �A 1 s°. =,: .. � � �r�� ,� �;�� ' t� ,.� �� ; }� _, . . i .. �� _ �` t�: �, f . . F�a n ._ ... �� F { ,. ._.t .. .., ....:.t _. .. jj S S :� c t r� b t� f � _ t 1 , l 1A 1`y' Jai CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Execution of a Memorandum of Understanding for the Construction, Maintenance, and Dedication of the Law Enforcement Memorial to be Installed at 35th Street and the Boardwalk, and Transferring Funds to Provide for Improvements on City Property MEETING DATE: January 24, 2012 Background: The Virginia Beach Police Foundation, Incorporated is a non-stock corporation (the "Foundation") that has proposed to construct and dedicate a memorial sculpture (the "Memorial") that will be the focal point of a Law Enforcement Memorial Park (the "Park") located at 351h Street and the Boardwalk. To provide for the construction, maintenance, and dedication of the Memorial and the Park, the Foundation has proposed a Memorandum of Understanding ("MOU"). As provided in the MOU, the Foundation will construct and install the memorial sculpture (shown in the attached Exhibit A), the granite base, the flagpole, the contributor wall(s), the seat wall, the bollards, and associated lighting. As proposed in the MOU, the City portion of this project includes the installation of pavers, the relocation of a shower, water fountain, and the bike path, which is estimated not to exceed $80,000. The MOU anticipates a cost participation agreement to pay for the City improvements. The attached Exhibit B provides a visual depiction of the location of the Memorial and the related improvements at the Park. The Resort Advisory Commission has voted to endorse the Memorial and the Park. Additionally, the Public Art Committee and the Memorial Committee have also approved the project. ■ Considerations: The attached MOU addresses the construction, maintenance, and dedication of this Memorial (a summary is attached to this item as Exhibit C). The MOU provides access to City property for the Foundation and the Foundation's general contractor and subcontractors for the construction and maintenance activities related to the Memorial and the Park. For the improvements to City property such as pavers, the MOU includes a cost participation agreement, provided the City Purchasing Agent is able to make a sole source determination. Under the terms of the cost participation agreement, the City will only be responsible for reimbursements up to $80,000. The funding for the improvements to the City property will require a transfer of $80,000 from the General Fund Reserve for Contingencies, which is also provided in the attached ordinance. ■ Public Information: This item will be advertised as part of the normal Council agenda process. 0 Recommendations: Approval of the attached ordinance. ■ Attachments: Ordinance, Exhibit A ("35`h Street Law Enforcement Memorial"), Exhibit B ("Virginia Beach Law Enforcement Memorial Park"), Exhibit C ("Summary of Material Terms of the MOU") Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area Office City Manager: �,<::b� 1 AN ORDINANCE AUTHORIZING THE EXECUTION 2 OF A MEMORANDUM OF UNDERSTANDING FOR 3 THE CONSTRUCTION, MAINTENANCE, AND 4 DEDICATION OF THE LAW ENFORCEMENT 5 MEMORIAL TO BE INSTALLED AT 35T" STREET 6 AND THE BOARDWALK AND TRANSFERRING 7 FUNDS TO PROVIDE FOR IMPROVEMENTS OF 8 CITY PROPERTY 9 10 WHEREAS, the Virginia Beach Police Foundation (the "Foundation") desires to 11 erect a monument sculpture in memory of law enforcement officers who lost their lives 12 in the line of duty in the City; and 13 14 WHEREAS, the City of Virginia Beach ("City") owns real property at the 15 intersection of 351h Street and the Boardwalk that would be a suitable location of such a 16 monument and park; and 17 18 WHEREAS, the Foundation and the City wish to enter into a Memorandum of 19 Understanding ("MOU") to provide for the construction, maintenance, and dedication of 20 a memorial sculpture, granite base, flag pole, contributor walls, seat wall, bollards, and 21 associated lighting (the "Memorial"), a copy of a rendering of the Memorial is attached 22 hereto as Exhibit A; and 23 24 WHEREAS, the Memorial will be the focal point of the Law Enforcement 25 Memorial Park (the "Park") and such Memorial and Park will be a place of reverence for 26 those law enforcement officers who lost their lives in the line of duty in the City, a copy 27 of a drawing of the Memorial and Park Location is attached hereto as Exhibit B; and 28 29 WHEREAS, the MOU provides for the Foundation to dedicate the Memorial to 30 the City after it has been constructed, and 31 32 WHEREAS, the MOU provides for the Foundation to be responsible for capital 33 and enhanced maintenance related to the Memorial and the City to be responsible for 34 day-to-day maintenance and repair including cleaning, operational upkeep of lighting, 35 replacement of flags as wear dictates, lowering of flags to half-mast and raising to full- 36 mast as appropriate, resealing of joints in granite panels, and removal of graffiti; and 37 38 WHEREAS, a portion of the construction includes the improvement of City 39 property at the Park; the cost of such improvements will not require expenditure of City 40 funds exceeding $80,000. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA, THAT: 44 45 1. The City Manager is hereby authorized to execute a MOU between the City and 46 the Foundation to provide for the construction, maintenance, and dedication of 47 the Law Enforcement Memorial and Memorial Park, a summary of material terms 48 of the MOU is attached hereto as Exhibit C and incorporated. 49 I 50 2. $80,000 is hereby transferred from the General Fund Reserve for Contingencies 51 to the FY 2011-12 Operating Budget of the Strategic Growth Area Office for the 52 City improvements at the Memorial Park. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO CO TENT: AV D� aA t tegic J�vSffi Ara nagement ServicAPPROVA TO LE FFICIENCY: Offi t � i)Kt,�ney CA12111 R-4 January 12, 2012 t . J a a As r JPP) 7 k CITY TO BE RESPONSIBLE FOR ALL MATERIALS MEMORIAL DONOR TO BE RESPONSIBLE FOR ALL MATERIALS AND LABOR ASSOCIATED WITH: AND LABOR ASSOCIATED WITH -LED F.XTURESATOPEXISTING CRY LIGHT POLESALONG IS"S"LA,IYP• 'INSTALLATION OF MEMORIAL AND GRANITE SJPROJND DESK.NICONSTRUC- EXHIBIT IEBEE 'ON(FERMIiS/IHSURANC! REROUTING BIKE PATH AND RC-PAVING PREVIOUS LOCATION• -INSTALLATION OF GRANITE CONTRIBUTOR PANELS,BOTH SIDES RELOCATION OF EXISTING SHOWER ANDASSOCIATED DRAIN' NSTAU.ATION OF ALL BOLLARDS The memorial structure, the granite base, the flag pole, the contributor RELOCATION OF EXISTING DRINKING FOUNTAIN- NSTALLATIpI OF NE W PONE TO MATCH LED FIX-ME RETROFIT- NSTALLATION Of PAVER PATCH AREAS wall(s), the seat wall(s), the bollards, and associated lighting shall be . -NSTALLATION OF PLANT MATERIAL APPLICATION OFPAVER SURFACE TO 7STISTREET STUB- NSTALLATION D<ELECTRIC BOX collectively defined as the "Memorial". u v -INSTALLATION OF BIKE-SAFE STORM DRAIN GRATE' NSTALCATgN D<NEW WALLS ANO CURBS At'ERMINUS,BOTH SIDES S O 0 .DAY TODAY MAINTENANCE AND REPAIR IRON ENHANCED),POST M AN ;_ ❑ DEDICATION CAPITAL REPAIRS AND ENHANCED MAINTENANCE,POST DEDICATION fI -TORE INSTALLED BY MEMORIAL DONOR AND DONOR TO BE RESPONSIBLE FOR 1 REIMBURSED BY CRY MEMORIAL AND GRANITE SURROUND l f C ITY TO BE RESPONSIBLE FOR LED FIX lI TURES ATOP EXISTING CITY LIGHT POLES DONOR TO BE RESPONSIBLEFOR GRAMI4 AI ONG,ISTH STUB CONTRIBUTOR PANELS,bTN SNOB I $ 1. • f'- 76 !iQ .b .. _ •: ._-__ .____ __�. :`. CITY TO BE RESPONSIBLE FOR RELOCATING tfR EXISTING SHOWER AND ASSOCIATED DRAIN t K CIT•TO BE RESPONSIBLE FOR RE pOUTNVG BUf PATN AND REJAVNG PRCNOUS LOCATION TORE RESPONSIBLE FOR BIkE SAFE STORM -- STORM DRAIN GRATE • DONOR TORE RFSPONS',M E FOR BOIL ARM I d CITY TOM RESPONSIBLE iCM RELOCATING AVW 00 FVAMMY y E XISTING DRINK NG FOUNTAIN C RYTO B(RESPONSIBLEiOR APPU[ATIp10F N BE� D0OR TO RESPONSIBLE FOR ELECTRIC BOX iI DONOR TO BE RESPONSIBLE FOR PAVER PATCH PAVER SURFACE TO ISTH STREET STIR �Q 177) AREAS, DONOR TO�RESPONSMIt FOR INSTALUTXN+ OF NEW WALLS AND CURBS,BOTH SIDES DONOR TO RE RESPONSIBLE FOR INSTALLATION OF PLANT MATER'.AIL CITY TO BE RESPONSB.E FOR NSTAlATION OF NEW PORE TO MATCH LED FUTURE PETRO FR MEMORANDUM OF UNDERSTANDING EXHIBIT VIRGINIA BEACH LAW ENFORCEMENT MEMORIAL PARK � CITY OF VIRGINIA BEACH/VIRGINIA BEACH POLICE FOUNDATION Virginia Beach,Virginia IANUARY 3.2012 %M17 WPL LANDSCAPE ARCHITECTS LAND SURVEYORS CIVIL ENGINEERS 211-0146 s 0 10 20 Fr .�...,.,..L..,.INL,..,.H,�.I..,.,....,,..,,,_.L�,L....,..,N...,.ALA.,,,I,IRLW...,,,..,.L,.,,L..P...,„N,HD..LI,L.I,�, I,,...,W,H,.,�,IWI,M.�,��,,,I.ILFL....,I.N,.....P,.N...DPI,..H.•..,,.�,IF..,.,P,IL..,...PITH,,.YFL....MY.NL.,FMF,R.I_.,..III.,.,...,..N... EXHIBIT C SUMMARY OF MATERIAL TERMS MEMORANDUM OF UNDERSTANDING("MOU") PARTIES VIRGINIA BEACH POLICE FOUNDATION (the"Foundation") CITY OF VIRGINIA BEACH (the"City") PURPOSE Construction, maintenance and dedication of the Virginia Beach Law Enforcement Memorial (the "Memorial"). The Memorial is defined in the MOU to include: the memorial sculpture, the granite base, the flagpole, the contributor wall(s), the seat wall, the bollards, and the associated lighting. Additionally, the MOU provides for the construction of improvements to City property at the Law Enforcement Memorial Park, located at 35t' Street and the Boardwalk (the "Park" or "Premises"). The Memorial and the Park will be a symbol of reverence to the memory of law enforcement officers who lost their lives in the line of duty in Virginia Beach. ATTACHMENTS Exhibit A: the Memorial Exhibit B: a layout of the Park TERMS The Foundation and its contractors and subcontractors are required to have insurance at all times during construction. The Foundation will indemnify and hold harmless the City for any actions or omissions on the part of the Foundation or any of its agents, contractors, subcontractors, and employees. The MOU provides for the dedication of the Memorial after completion and acceptance by the City. After dedication and subject to funding, the City will be responsible for day-to-day maintenance and repair, including the removal of graffiti. The Foundation will be responsible for capital or enhanced maintenance. The Premises will be available to the Foundation for construction and installation activities of the Memorial. The Foundation will allow access during construction and installation of the Memorial and the Park at any reasonable time to the City, its agents,or employees. The improvements to City property include pavers within the 35"' Street right-of-way, the realignment of the bike path, the relocation of the water fountain and shower currently at the Premises. If the City Purchasing Agent is able to make a sole source determination, the MOU will incorporate a cost participation agreement to allow for the City to provide an amount not exceeding $80,000 for the improvements to the Premises. III EXHIBIT C—SUMMARY OF THE MOU The City will not be liable for the loss, damage, or destruction of the Memorial. However, subject to the availability and appropriation of funding including funds received from a tortfeasor or court-ordered restitution, the City will endeavor to repair damages to the Memorial. With regard to the Premises, subject to the availability and appropriation of funding, the City will be responsible for loss, damage or destruction. The Foundation will not do any act or permit any action to be taken that would result in a lien being placed upon the Premises. The MOU contains standard City contract provisions about, among other things, the independence of the contracting parties, the termination of the agreement, and the ability of either party to assign the agreement. 2 .Nu 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Membership of the Advertising Advisory Committee MEETING DATE: February 20, 2024 ■ Background: The Virginia Beach Advertising Advisory Committee was established in 1995 to enable citizens and organizations to provide input to the Convention and Visitors Bureau regarding the City's tourism advertising and marketing initiatives. In the almost three decades since the Committee's establishment, tourism in the City has significantly grown and changed, with expansion into new areas such as sports tourism and the introduction of short-term rentals. The membership of the Committee should reflect the changes in the tourism industry as well as the diversity of our City. ■ Considerations: This ordinance provides that the membership of the AAC will consist of the following thirteen voting members: • Two members of the Virginia Beach Hotel Association (which may include the Association President or members with advertising, marketing, or media experience; provided, however, that one of the two members shall be a representative of a hotel that is not located in the Resort Area); • Two members of the Virginia Beach Restaurant Association (which may include the Association President or members with advertising, marketing, or media experience; provided, however, that one of the two members shall be a representative of a restaurant that is not located in the Resort Area); • A member of the arts and culture community (which may include representation from festivals/live events, museums, arts districts, cultural centers, art studios, or similar entities); • A retail industry representative (Citywide); • A representative of the Resort Advisory Commission; • A cottage/rental industry representative; • A Central Business District Association representative; • A representative of the Shore Drive Corridor/Bayfront Area; • A sports industry representative; and • Two citizen members with advertising, marketing, or media experience. The Committee will also include the following six non-voting ex officio members: • Two City Council liaisons; • The Director of the Convention and Visitors Bureau; • The Executive Director of the Virginia Beach Hotel Association; • The Executive Director of the Virginia Beach Restaurant Association; and • A representative of the Virginia Beach Chamber of Commerce. The ordinance further provides that the Director of the Convention and Visitors Bureau shall serve as the Chair unless the Committee elects a voting member to serve as Chair. The terms of any persons who are current appointees to the Committee shall expire upon adoption of this ordinance, but those persons may be eligible for reappointment. The voting members of the Committee will be appointed to three-year terms, provided, however, initial appointees will have staggered terms. The non-voting ex officio members will not be appointed for terms; they will not be counted for purposes of determining a quorum, and they will not be subject to attendance requirements. Public Information: Public information will be provided through the normal Council agenda process. ■ Attachment: Ordinance Requested by Vice Mayor Wilson and Councilmembers Remick and Ross- Hammond REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS REMICK AND ROSS-HAMMOND 1 AN ORDINANCE TO AMEND THE MEMBERSHIP 2 OF THE ADVERTISING ADVISORY COMMITTEE 3 4 WHEREAS, the City Council established the Virginia Beach Advertising Advisory 5 Committee in 1995 to enable citizens and organizations to provide input to the 6 Convention and Visitors Bureau regarding the City's tourism advertising and marketing 7 initiatives; 8 9 WHEREAS, in the almost three decades since the Committee's establishment, 10 tourism in the City has significantly grown and changed, with expansion into new areas 11 such as sports tourism and the introduction of short-term rentals, among other things; 12 and 13 14 WHEREAS, the membership of the Committee should reflect the changes in the 15 tourism industry as well as the diversity of our City; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 1. The membership of the Advertising Advisory Committee shall consist of the 21 following thirteen voting members: 22 23 • Two members of the Virginia Beach Hotel Association (which may include the 24 Association President or members with advertising, marketing, or media 25 experience; provided, however, that one of the two members shall be a 26 representative of a hotel that is not located in the Resort Area); 27 • Two members of the Virginia Beach Restaurant Association (which may include 28 the Association President or members with advertising, marketing, or media 29 experience; provided, however, that one of the two members shall be a 30 representative of a restaurant that is not located in the Resort Area); 31 • A member of the arts and culture community (which may include representation 32 from festivals/live events, museums, arts districts, cultural centers, art studios, or 33 similar entities); 34 . A retail industry representative (Citywide); 35 • A representative of the Resort Advisory Commission; 36 . A cottage/rental industry representative; 37 • A Central Business District Association representative; 38 • A representative of the Shore Drive Corridor/Bayfront Area; 39 • A sports industry representative; and 40 . Two citizen members with advertising, marketing, or media experience. 41 42 2. The Committee shall also include the following six non-voting ex officio 43 members: 44 45 • Two City Council liaisons; 46 . The Director of the Convention and Visitors Bureau; 47 . The Executive Director of the Virginia Beach Hotel Association; 48 • The Executive Director of the Virginia Beach Restaurant Association; and 49 . A representative of the Virginia Beach Chamber of Commerce. 50 51 3. The Director of the Convention and Visitors Bureau shall serve as the Chair 52 unless the Committee elects a voting member to serve as Chair. 53 54 4. The terms of any persons who are current appointees to the Committee shall 55 expire upon adoption of this ordinance, but those persons may be eligible for 56 reappointment. 57 58 5. The voting members of the Committee shall be appointed to three-year terms, 59 provided, however, that of the initial appointees, three members shall be appointed to 60 one-year terms, and four members shall be appointed to two-year terms. Members 61 initially appointed with one- or two-year terms shall be eligible for appointment to 62 subsequent three-year terms. 63 64 6. The non-voting ex officio members will not be appointed for terms. They shall 65 not be counted for purposes of determining a quorum, and they shall not be subject to 66 the attendance requirements set forth in City Code § 2-3.1. 67 68 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 69 , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Convention & Visitors Bureau City Attorney's Office CA16019 R-4 February 9, 2024 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute an Intergovernmental Agreement Between the Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach Regarding the Purchase of Agricultural Reserve Program Easements MEETING DATE: February 20, 2024 ■ Background: In 2023, the Virginia Department of Agriculture and Consumer Services ("VDACS") determined that the City of Virginia Beach (the "City") is eligible for additional State funding over the next two years in the maximum cumulative amount of $165,400.00, as reimbursement for certain costs to be incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program ("ARP"). The City previously approved the receipt of funding from VDACS on June 24, 2008, January 27, 2009, February 23, 2010, February 22, 2011, June 14, 2011, January 24, 2012, January 22, 2013, March 11, 2014, February 24, 2015, February 2, 2016, February 7, 2017, February 20, 2018, June 6, 2019, February 18, 2020, April 19, 2022 and February 21, 2023. Subject to the approval of the City Council, the City staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (the "Agreement") providing for the additional funding. ■ Considerations: The Agreement provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easements, (2) the cost of appraisals, (3) attorney's fees, (4) the cost of surveys, (5) title insurance fees, (6) public notice costs and (7) recordation fees. The Agreement also allows the City to be reimbursed for other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The Agreement also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 50% of the costs listed above, up to the maximum cumulative amount of$165,400.00. ■ Public Information: No special advertising is required. Public information will be handled through the normal agenda process. ■ Recommendations: Adoption of Resolution ■ Attachments: Resolution and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Agriculture Department Y �� City Manager: /,�p 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE OF 7 AGRICULTURAL RESERVE PROGRAM EASEMENTS 8 9 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 10 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 11 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 12 within the City; 13 14 WHEREAS, since its inception of the ARP, approximately 10,518 acres of land 15 have been placed under easements restricting development of the land to agricultural 16 uses; 17 18 WHEREAS, the General Assembly, by Chapter 2 of the 2023 Special Session 1 19 Acts of Assembly, appropriated $875,000.00 in the fiscal year ending June 30, 2024 to 20 the Virginia Department of Agriculture and Consumer Services ("VDACS") for the 21 continuation of a state fund to match local governmental purchases of development 22 rights program funds for the preservation of working farms and forest lands; 23 24 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS' Office 25 of Farmland Preservation to develop methods and sources of revenue for allocating 26 funds to localities to purchase agricultural conservation easements; 27 28 WHEREAS, VDACS has determined that the City is eligible to receive 29 contributions of funds from VDACS in reimbursement for certain costs the City will incur 30 in the course of purchasing ARP easements; 31 32 WHEREAS, the City and VDACS desire to enter into an agreement wherein 33 VDACS will agree to reimburse the City for certain costs incurred by the City in the 34 course of purchasing ARP easements, up to a cumulative maximum amount of 35 $165,400.00 for a period of two (2) years from the date of the agreement; 36 37 WHEREAS, a copy of the proposed agreement between the City and VDACS, 38 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and 39 Consumer Services and The City of Virginia Beach," dated December 31, 2023 (the 40 "Agreement"), is on file in the City Clerk's Office; 41 42 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 43 Exhibit A; and 44 45 WHEREAS, the City Council finds that the terms of the said Agreement are fair 46 and reasonable and would be of significant benefit to the City and its citizens by 47 providing an additional source of funds for the purchase of ARP easements. 48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 49 OF VIRGINIA BEACH: 50 51 That the City Manager is hereby authorized and directed to execute the 52 Intergovernmental Agreement between the Virginia Department of Agriculture and 53 Consumer Services and the City of Virginia Beach, dated December 31, 2023, so long 54 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit 55 A_ and incorporated herein, and such other terms, conditions, or modifications as may be 56 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney, 57 and to take such measures as are necessary or advisable to implement the Agreement. 58 59 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 60 VIRGINIA BEACH: 61 62 That the City Council hereby expresses its appreciation to the Governor, the 63 General Assembly and the Virginia Department of Agriculture and Consumer Services 64 for their continued commitment to the preservation of agriculture within the 65 Commonwealth of Virginia and the City of Virginia Beach. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia on the day 68 of 2024. Approved as to Content: Approved as to Legal Sufficiency: Dept. of Agriculture City Attorney CA16269 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d030\p042\00941815.doc R-1 February 5, 2024 EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach (the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of $2,384,012.95 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 — 49,900.00 2/23/10 — 93,932.19 2/22/11 — 12,500.00 6/14/11 — 54,247.37 1/24/12 — 110,952.46 1/22/13 — 160,715.64 3/11/14 — 149,678.46 2/24/15 — 286,983.46 2/02/16 — 411,890.87 2/07/17 - 86,950.00 2/20/18 - 61,615.23 6/6/19 - 111,618.52 2/18/20 - 58,333.00 4/19/22 - 156,476.00 2/21/23 - 175,000.00 City is now eligible to receive an additional $165,400.00 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $165,400.00 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDACS. • Utilize state funds to further protect agricultural lands by purchasing development rights. • Submit an annual progress report to VDACS each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. • Enforce terms of each ARP easement. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is two years from the date of the Agreement (December 31, 2023 through December 31, 2025). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 2 BEi si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Release from Escrow to VB One, L.P. of Interest Collected on a HOME Program Loan MEETING DATE: February 20, 2024 ■ Background: On September 12, 2000, City Council adopted an Ordinance (ORD- 2613F) approving a $700,000 loan (the "Loan") of federal HOME Funds to VB One, L.P., a Virginia limited partnership ("VB One"). The purpose of the Loan was to assist VB One with the acquisition and rehabilitation of the Pine Oak Apartments (now known as Thalia Landing Apartments), to include the establishment of twenty low-income housing units (the "Project"). In addition to the Loan, to promote the financeability of the Project, VB One also utilized low-income tax credits issued by the Commonwealth of Virginia. The Ordinance provided that the Loan was to be interest-free with no payments due until maturity in 2019. However, during the drafting and negotiation of the Home Program Loan Agreement, Deed of Trust, and Promissory Note to evidence and document the Loan (the "Closing Documents"), and at the request of one of the attorneys working on the tax credit financing, an interest rate of 6.09% was added to the Loan. While the City was not a party to the tax-credit portion of the transaction, the Loan was integral to the closing of the tax credits. Accordingly, this interest rate was ultimately reflected in the Closing Documents. In 2017, VB One desired to payoff the Loan early. The amount to payoff the Loan in full and release the lien on the property was $700,000 in principal and $1,131,430.40 in accrued interest (the "Interest"). VB One disputed that it owed the Interest, asserting the City Council's Ordinance expressly provided that the Loan was to be interest-free. Rather than delaying the payoff of the Loan, VB One and the City agreed to enter into an escrow agreement where VB One paid the City the $700,000 in principal and deposited the Interest into an escrow account to be held until the parties could agree on a resolution. ■ Considerations: City staff acknowledges that City Council's approval of the Loan in 2000 contemplated that it would be interest-free to assist VB One with the Project. The $700,000 in principal has been repaid and reinvested into the City's HOME program as contemplated by the September 2000 Ordinance. The escrow balance as of December 31, 2023 was $1,132,911.66, and its return to VB One would be consistent with the September 2000 Ordinance. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Recommendations: Approval ■ Attachments: Ordinance, Disclosure Statement Submitting Department/Agency: Department of Housing and Neighborhood CAW Preservation City Manager: ' I AN ORDINANCE AUTHORIZING THE 2 RELEASE FROM ESCROW TO VB ONE, 3 L.P. OF INTEREST COLLECTED ON A 4 HOME PROGRAM LOAN 5 6 WHEREAS, On September 12, 2000, City Council adopted an Ordinance (ORD- 7 2613F) (the "2000 Ordinance") approving an interest-free $700,000 loan (the "Loan") of 8 HOME funds to VB One, L.P., a Virginia limited partnership ("VB One"). The purpose of 9 the Loan was to assist VB One's acquisition and rehabilitation of the Pine Oak 10 Apartments (now known as Thalia Landing Apartments), including the establishment of 11 at least twenty low-income units (the "Project"); 12 13 WHEREAS, while the express language of the 2000 Ordinance provided that the 14 Loan was to be interest-free, during the negotiation and documentation process of the 15 Loan, at the request of an attorney assisting VB One in a related tax credit portion of the 16 Project, an interest rate of 6.09% was inserted into the executed promissory note and 17 HOME Loan agreement; 18 19 WHEREAS, when VB One approached the City to payoff the loan in 2017, City 20 staff and VB One could not agree on whether interest was owed on the $700,000, and 21 rather than delay repayment, agreed that VB One would pay the City the $700,000 in 22 principal and the accrued interest of $1,131,430.40 (the "Interest") was placed into 23 escrow; 24 25 WHEREAS, VB One has requested that City Council agree to release the 26 Interest held in escrow to VB One as the September 2000 contemplated only repaying 27 $700,000 in principal; and 28 29 WHEREAS, as the 2000 Ordinance contemplated that the Loan would be 30 interest-free, City Council is of the opinion that releasing the Interest held in escrow to 31 VB One would be appropriate and consistent with the intent of the 2000 Ordinance; 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 That the City Manager is hereby authorized to execute any and all documents 37 necessary to authorize the release of the accumulated interest funds being held in 38 escrow to VB One, so long as they are in accordance with the transaction contemplated 39 herein, and such other terms, conditions and modifications as may be acceptable to the 40 City Manager and in a form deemed satisfactory by the City Attorney. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 43 of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: XUA &�L- - Dept. of Housing & Neighborhood City Attorney Preservation CA16270 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d022\p055\00939850.doc R-1 2/8/24 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 VB One, L.P. Does the applicant have a representative? ■ Yes ❑ No • If yes,list the name of the representative. Michael H.Nuckols Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? W Yes ❑ No • If yes,list the names of all officers,directors,members,trustees, etc.below. (Attach a list if necessary) Ronald C.Ripley Douglas J.Ripley James F.N.McCune F.Andrew Heatwole Matthew S.Ripley The Victoria Katharine Power McCune Trust F.Scott Ripley Daniel B.Heatwole • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) VB One GP,L.L.C. TL One GP,L.L.C. '"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(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 P a g e Disclosure Statement in Plaiming & Cotnntttlxiir Development moo 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 A 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? l� Yes ❑ No • If yes,identify the financial institutions providing the service. Grandbridge Financial 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes FM 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? 1 Yes ❑ No • If yes,identify the firm and individual providing the service. Wall,Einhorn&Chernitzer 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 1 Disclosure Statement 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 N 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?❑X Yes No • If yes,identify the firm and individual providing the service. Frieden Seery Nuckols&Hahn P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. --evt t--A� - I--- I'll, - Applicant Signature Print Name and Title Date Is the applicant also the owner of the subject property? ■ Yes ❑ NO • If yes,you do not need to fill out the owner disclosure statement. • ' ciTyuruntA • • •• ••. • • • r • • r that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 P a g e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to 1) Establish Capital Project #100670, "Voter Registrar Facility," 2) Appropriate and Transfer $3,188,258 from the Fund Balance of the General Fund, 3) Transfer $11 ,500,000 from General Fund Debt Service, and 4) Transfer $2,561,742 from the American Rescue Plan Act Appropriation to Acquire Property and Buildout of 500 Studio Drive for the Office of Voter Registration and Elections Operations MEETING DATE: February 20, 2024 ■ Background: On March 8, 2023, the City of Virginia Beach Internal Auditor's Office released findings that the Office of Voter Registration and Elections is "inadequate for efficient operations" and "experienced difficulties that could have been avoided if it had one large office." On July 11, 2023, City staff provided a briefing to the City Council seeking guidance for how to accommodate the needs of the Office of Voter Registration and Elections, specifically for elections operations, training for election officials, ballot processing and secure storage for election technology and ballots. The City Council provided the direction to search for a facility that would allow for the consolidation of all operations in a singular location. City Staff has worked to identify properties that would accommodate these requests and have identified 500 Studio Drive as the site that would satisfy the needs for the Registrar. The 500 Studio Drive property includes three units: 1476-78-8445-0001; 1476-78-8445-0002; and 1476-78- 8445-0003. The facility is 65,700 square feet, with 43,500 square feet of office space and 22,200 square feet of warehouse space and approximately 200 parking spaces. On February 6, 2024, City staff provided an additional briefing to the City Council on the potential purchase of the facility to seek guidance on next steps. Following that briefing, the direction was to move forward with the purchase of the property. The final move to the facility will take place following the November 2024 election. This timing will ensure there is minimal disruption to the voting process. ■ Considerations: The total cost for the parcel is $14.25 million with an associated build-out cost of $3 million, for a total project cost of $17.25 million. The proposed funding source is as follows: • $11.5 million of General Fund Debt Service is available due to a delayed bond sale. The FY 2023-24 budget assumed an issuance earlier in the fiscal year that would have necessitated additional debt service. • $2.6 million from the American Rescue Plan Act (ARPA) allocation. As part of the original acceptance and appropriation of the ARPA funding, the City Council approved and appropriated $15 million for a grant to the United Way of South Hampton Roads for VBThrive. VBThrive is a program to provide support to families in Virginia Beach who qualify as ALICE (Asset Limited, Income Constrained, Employed) in five key areas: mentoring, employment and education, financial management, well-being, and incentives. The United Way of South Hampton Roads notified the City that approximately $3.6 million of the available funding in the VBThrive program will not be spent, providing an opportunity to address increased cost in other ARPA projects. In November 2023, the City Council redirected $1.1 m of this funding to the Central Utility Plant, leaving $2.6 million available for this purpose. • $3.2 million of fund balance in the General Fund. If approved, the unrestricted fund balance is projected to be 12.3% of the current year budgeted revenue. ■ Public Information: Normal Council Agenda process. There will be additional public notices required to relocate the Office of the Voter Registrar, which will be held after acquisition and nearer in time to the opening of the facility to the public. ■ Attachments: Ordinance, CIP Detail Sheet Recommended Action: Approval Submitting Department/Agency: Voter Registration & Elections City Manager: PA10 1 AN ORDINANCE TO 1) ESTABLISH CAPITAL PROJECT 2 #100670, "VOTER REGISTRAR FACILITY," 2) 3 APPROPRIATE AND TRANSFER $3,188,258 FROM THE 4 FUND BALANCE OF THE GENERAL FUND, 3) TRANSFER 5 $11,500,000 FROM GENERAL FUND DEBT SERVICE, AND 6 4)TRANSFER $2,561,742 FROM THE AMERICAN RESCUE 7 PLAN ACT APPROPRIATION TO ACQUIRE PROPERTY 8 AND BUILDOUT OF 500 STUDIO DRIVE FOR THE OFFICE 9 OF VOTER REGISTRATION AND ELECTIONS 10 OPERATIONS 11 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA, THAT: 14 15 1) Capital Project #100670, "Voter Registrar Facility," is hereby established in the 16 City's Capital Improvement Program. The Project Page is attached hereto. 17 18 2) $3,188,258 is hereby appropriated from the fund balance of the General Fund, 19 with revenues increased accordingly, and transferred to Capital Project #100670. 20 21 3) $11,500,000 is hereby transferred from debt service in the General Fund to 22 Capital Project #100670. 23 24 4) $2,561,742 is hereby transferred from the American Rescue Plan Act 25 Appropriation to Capital Project #100670. 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 City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l � Bbdget and Management Services Zo4rney'sffice CA16419 R-1 February 7, 2024 Fiscal Years FY24 through FY 9 Capital Improvement Program Project:100670 tle:voter Registrar Facility Status:Proposed Category:Buildings and Assets Department:Public Works Project Type Project Location Project Type:Site Acquisition District:3 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 17,250,000 0 17,250,000 0 0 0 01 0 Description and Scope This project is for the purchase of 500 Studio Drive for the use of the Voter Registrar including an adjacent 3.28 acres.It also provides funding for buildout and IT infrastructure needs for the facility. Purpose and Need On March 8,2023,the City of Virginia Beach Internal Auditor's Office released findings that the Office of Voter Registration and Elections is"inadequate for efficient operations'and "experienced difficulties that could have been avoided if it had one large office."On July 11,2023,City Staff provided a briefing to City Council seeking guidance for how to accommodate the needs for the Voter Registrar Department,specifically for elections operations,training for election officials,ballot processing and secure storage for election technology and ballots.City Council provided the direction to search for a facility that would allow for the consolidation of all operations in a singular location.The purchase of this property allows for the consolidation of 5 current facilities.It also provides more centralized access to Virginia Beach voters,including location on a bud line and nearby access to major roadways. History and Current Status This project is proposed to be established by City Council on February 20,2024 and is funded by the General Fund. Operating Budget Impact Comments Operating budget impacts will be incorporated into the FY25 budget.These are expected to include utility and custodial needs of the facility. Project Activities From-To Amount Site Acquisition 02/24-06/24 14,250,000 i "s Construction 05/24-09/24 3,000,000 Cost Estimate: 17,250,000 •100670 ds e Funding Subclass Amount Local Funding 17,250,000 Total Funding: 17,250,000 4 e A BE4 r'rf'�'�tiy i7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $719,000 of Fund Balance from the Landscaping Internal Service Fund for the Purchase of Equipment and Vehicles MEETING DATE: February 20, 2024 ■ Background: The City provides landscape services for 93 school sites through the Landscaping Internal Service Fund. This fund accumulates a year-end fund balance primarily due to vacancy savings. The City's Landscape Management Administrator has requested, and School Administration supports, the use of $719,000 from the fund balance of this internal service fund for specific items listed below. This fund is paid for by Virginia Beach City Public Schools but is managed by City staff. ■ Considerations: The following replacements will address deteriorating conditions of various fleet assets and allow for more efficient service delivery: 1. (9) 72" Hustler Zero-turn Mower ($108,000) 2. (3) John Deere 1600 Turbo Wide Area Mower ($210,000) 3. (3) 10K LB 24' Aluminum Trailer ($51,000) 4. (2) Single-Axle Dump Trucks with 16' Barn Door Beds & Salt Spreaders ($250,000) 5. (1) Crew Cap Dump with Snowplow ($100,000) Assets listed for replacement meet Fleet Management's criteria for replacement. ■ Public Information: Normal City Council agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation Department City Manager: /1:1W 1 AN ORDINANCE TO APPROPRIATE $719,000 OF FUND 2 BALANCE FROM THE LANDSCAPING INTERNAL 3 SERVICE FUND FOR THE PURCHASE OF EQUIPMENT 4 AND VEHICLES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $719,000 is hereby appropriated, with revenue increased accordingly, from the 10 School Site Landscaping Internal Service Fund to the Operating Budget of the 11 Department of Parks and Recreation for the replacement of equipment and vehicles. Adopted by the Council of the City of Virginia Beach, Virginia on the day of ) 2024. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City orney's Office CA16414 R-1 February 7, 2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to Support Safe Drinking Water MEETING DATE: February 20, 2024 ■ Background: The Department of Public Utilities has received notification of a grant award from the Virginia Department of Health. This federal pass-through grant is funded from the Infrastructure Investment and Jobs Act. This grant is awarded annually to support localities with the removal of public and/or private portions of lead service lines within the water system and to comply with the Environmental Protection Agency's Lead and Copper Rule Revision. Presently, the City does not have any known lead water service lines in the water system. Funding from the grant will assist rate payers with the cost of replacement if a lead water service line is discovered on the private side. ■ Considerations: The grant does not require a City match. Funding will be appropriated in the consolidated grant fund, and the City will receive funding from the grantor on a reimbursement basis. Upon discovering private side lead service lines, the grant funds may be made available to assist with replacement of the water service line. ■ Recommendations: Adopt the attached ordinance. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Utilities City Manager:" 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO SUPPORT SAFE DRINKING WATER 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $50,000 is hereby accepted from the Virginia Department of Health and 8 appropriated, with federal revenues increased accordingly,to the Consolidated Grant Fund 9 for costs to replace lead water service lines. 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 of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Ci orney's Office CA16417 R-1 February 7, 2024 res .6 s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Tree Pruning and to Authorize an In-Kind Grant Match MEETING DATE: February 20, 2024 ■ Background: The Department of Parks and Recreation has been awarded a $16,800 grant from the Virginia Department of Forestry's Urban and Community Forestry Grant Program. This program is intended to assist with preventative tree pruning and branch removals for storm readiness. If this grant is accepted and appropriated, the Department of Parks and Recreation intends to supplement its existing neighborhood tree pruning efforts. Currently, the Department elevates tree branches for clearance over sidewalks and roads and prunes away dead branches to make trees safer. This specific grant will allow the Department to prune 90 large trees in the Salem Woods neighborhood, which are in need of maintenance. ■ Considerations: The in-kind match is already budgeted as part of the neighborhood street tree pruning program. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager:/,2� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR TREE PRUNING AND TO 3 AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $16,800 is hereby accepted from the Virginia Department of Forestry and 9 appropriated, with revenue from the Commonwealth increased accordingly, to 10 the FY 2023-24 Operating Budget of the Department of Parks and Recreation 11 for tree pruning. 12 13 2. An in-kind grant match is hereby authorized within the Operating Budget of the 14 Department of Parks and Recreation. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C ityoctfoSrney's Office CA16413 R-1 February 7, 2024 fC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Police Training and to Authorize a Local Match MEETING DATE: February 20, 2024 ■ Background: The Police Department has been awarded a $4,380 grant from the Virginia Department of Motor Vehicles. This grant is intended to cover training for four Police Officers in pedestrian and bicycle crash investigations. ■ Considerations: The grant requires a local match of $2,190. This match will be made using in-kind resources. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: /" 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR POLICE TRAINING AND TO 3 AUTHORIZE A LOCAL GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT- 7 8 $4,380 is hereby accepted from the Virginia Department of Motor Vehicles and 9 appropriated, with revenue from the Commonwealth increased accordingly, to the FY 10 2023-24 Operating Budget of the Police Department for training in pedestrian and bicycle 11 crash investigations. A local match is hereby authorized from existing in-kind resources. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY.- Budget and Management Services City me s Office a CA16418 R-1 February 7, 2024 KLi B r;��yH y r4 �) ,of f'F CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds within the Department of Public Utilities for the Water Services Contract and Raw Water Sales Agreement MEETING DATE: February 20, 2024 ■ Background: Virginia Beach and Norfolk have a long-standing partnership that provides a high quality and resilient public water system. Virginia Beach pumps water from Lake Gaston through a 76-mile pipeline to Norfolk reservoirs. Norfolk stores that water in its reservoirs, conveys and treats it, then delivers the treated water to Virginia Beach. This relationship has provided safe and reliable drinking water at low and stable costs to the residents of the Virginia Beach. Virginia Beach pays Norfolk for these services pursuant to the Water Services Contract. In accordance with this contract, Norfolk develops and provides wholesale water rate projections to Virginia Beach on a biennial basis based on designated shared expenses. These rates determine the amount Virginia Beach is contractually obligated to pay and are reconciled with actual costs at the end of the biennial period. In addition, Virginia Beach purchases raw water from Norfolk under the Raw Water Sales Agreement which escalates annually based on the Consumer Price Index (CPI). For FY 2023-24, the amount Virginia Beach is contractually obligated to pay is higher than the budgeted amount by $3,300,000 for the Water Services Contract and $300,000 for the Raw Water Sales Agreement. This is primarily due to an increase in operation and maintenance costs related to water treatment. The projections from Norfolk align with national trends in which utilities are experiencing significantly higher operational costs. The impact of these increased costs will also be reflected in the budget being prepared for FY 2024-25. ■ Considerations: The necessary funds are available for transfer within the Water and Sewer Enterprise Fund in operating budget accounts for salaries and reserves. Public Utilities will absorb roughly half of the increased costs through personnel savings from vacant positions. The remainder will be offset through the use of reserves used to address unanticipated costs during the year. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Dep rtment/Agency: Public Utilities City Manager: o 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE 2 DEPARTMENT OF PUBLIC UTILITIES FOR THE WATER 3 SERVICES CONTRACT AND RAW WATER SALES 4 AGREEMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $1,853,903 is hereby transferred from personnel accounts to the operating accounts 10 of the FY 2023-24 Operating Budget of Public Utilities. 11 12 2) $1,096,097 is hereby transferred from regular reserve accounts to the operating 13 accounts of the FY 2023-24 Operating Budget of Public Utilities. 14 15 3) $400,000 is hereby transferred from dedicated energy reserve account to the 16 operating accounts of the FY 2023-24 Operating Budget of Public Utilities. 17 18 4) $250,000 is hereby transferred from the Pay-as-You-Go reserve account to the 19 operating accounts of the FY 2023-24 Operating Budget of Public Utilities. 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: Budget and Management Services Cit}f orney's Office CA16416 R-1 February 7, 2024 �Gl NIA6f.,j�; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $360,751 within the General Fund to Meet Obligations Established in the Department of Public Health's Local Government Agreement MEETING DATE: February 20, 2024 ■ Background: The Code of Virginia mandates that each county and city in the Commonwealth of Virginia maintain a local department of health. The Virginia Beach Department of Public Health is jointly funded and operated by the City and State, and the terms of the department's operations, funding, and programs are determined in a local government agreement. Under the current formula in effect, the City is responsible for 45% of the cost of most of the department's operations, as well as 100% of additional add-on services such as the laboratory. For FY 2023-24, the City is obligated to match the Commonwealth's $3,904,842 contribution with $3,194,871. The FY2023-24 Adopted Budget estimated an amount of$2,834,120, so the City needs to increase its contribution to meet its 45% cost share. ■ Considerations: The attached ordinance transfers $360,751 of vacancy savings to the Department of Public Health. Any unspent funds of the local match are returned to the locality. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Health City Manager:D" 1 AN ORDINANCE TO TRANSFER $360,751 WITHIN 2 THE GENERAL FUND TO MEET OBLIGATIONS 3 ESTABLISHED IN THE DEPARTMENT OF PUBLIC 4 HEALTH'S LOCAL GOVERNMENT AGREEMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $360,751 of vacancy savings is hereby transferred within the General Fund to the 10 FY 2023-24 Operating Budget of the Department of Public Health to meet the City's 11 required contributions to the FY 2023-24 Local Government Agreement. 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: a-�,�- B dget and Management Services City"✓ orney's Office CA16415 R-1 February 7, 2024 M. PLANNING 1. WADE W. BELL for a Variance to Section 4.4(b) of the Subdivision Regulations re reduce and reconfigure four (4) lots into three(3) lots at 3957, 3961, 3969 Dawley Road and parcel between 3957 & 3961 Dawley Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. BARBARA C. DUFF AND HOYT L. DUFF, II for a Street Closure re approximately 5,751 square feet of an unnamed, unimproved right-of-way adjacent to 2325 Virginia Beach Boulevard DISTRICT 3 RECOMMENDATION: APPROVAL 3. VIRGINIA BEACH AVA RE,LLC for a Street Closure re approximately 813 square feet of an unnamed, unimproved right-of-way adjacent to 2375 Virginia Beach Boulevard DISTRICT 3 RECOMMENDATION: REFER BACK TO PLANNING COMMISSION 4. EVERGREEN VIRGINIA L.L.C. for a Street Closure re approximately 2,854 square foot portion of North Lynnhaven Road adjacent to 2865 Virginia Beach Boulevard DISTRICT 3 RECOMMENDATION: APPROVAL 5. CAR SPA VIRGINIA BEACH I,LLC for a Modification of Conditions to a Conditional Use Permit re car wash facility expansion at 3282 Holland Road DISTRICT 3 RECOMMENDATION: APPROVAL 6. C THE JEMS,LLC/JONATHAN PROPERTIES,LLC for a Modification of Proffers to a Conditional Rezoning and a Conditional Use Permit re bulk storage yard—tow at 2625 Horse Pasture Road DISTRICT 5 RECOMMENDATION: APPROVAL 7. CITY OF VIRGINIA BEACH for a Change of Zoning from R-7.5 Residential to P-1 Preservation re neighborhood park at 4549 Revere Drive DISTRICT 1 RECOMMENDATION: APPROVAL 8. THE LAB COMMERCIAL KITCHEN,LLC/BONNEY BROTHERS CORPORATION for a Conditional Use Permit re bulk storage yard at 405 South Witchduck Road DISTRICT 1 RECOMMENDATION: APPROVAL 9. ANNA JEAN SALON AND BOUTIQUE,LLC/ROGERS PROPERTIES,LLC for a Conditional Use Permit re tattoo parlor at 1637 Independence Boulevard, Suites A& B DISTRICT 9 RECOMMENDATION: APPROVAL 10. ALLIENA WESTLEIGH/ SAW CONTRACTING,INC for a Conditional Use Permit re residential kennel at 5205 Shore Drive DISTRICT 9 (Deferred from January 16, 2024) RECOMMENDATION: APPROVAL tNc�Acy� s. NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, February 20,2024 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: htto5.,//vbf!ov.webex.com/weblink/register/rfa6f47409572c8479c 4ceea966ec15e 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on February 19,2024. The following requests are scheduled to be heard: Wade W.Bell(Applicant&Property Owner)Subdivision Variance Addresses: 3957,3961,3969 Dawley Road,&parcel between 3957&3961 Dawley Road GPIN(s): 2411277361, 2411278385, 2411278241, 2411278120 City Council:District 2 Barbara C.Duff&Hoyt L.Duff,11,Virginia Beach AVA RE,LLC(Applicants) Street Closure Adjacent Address:2325 Virginia Beach Boulevard Adjacent GPIN(s):1497958048,2407050086 City Council:District 3 Evergreen Virginia, L.L.C. (Applicant) Street Closure Adjacent Addresses: 2865 Virginia Beach Boulevard & 240 N. Lynnhaven Road GPIN(s): 1497358684, 1497357774, 1497356822, 1497358365 City Council: District 3 Car Spa Virginia Beach I,LLC(Applicant&Property Owner)Modification of Conditions Address:3282 Holland Road Adjacent GPIN(s):1485999736 City Council:District 3 C the Jams, LLC (Applicant) Jonathan Properties, LLC (Property Owner) Modification of Proffers Conditional Use Permit(Bulk Storage Yard)Address: 2625 Horse Pasture Road GPIN(s):1495656521 City Council:District 5 City of Virginia Beach (Applicant & Property Owner) Rezoning (R-7.5 Residential District to P-1 Preservation District)Address:4549 Revere Drive GPIN(s):1475378501 City Council:District 1 Lab Commercial Kitchen LLC (Applicant) Bonney Brothers Corporation (Property Owner)Conditional Use Permit(Bulk Storage Yard)Address:405 South Witchduck Road GPIN(s):1466795644 City Council:District 1 Alliena Westleigh (Applicant) SAW Contracting, Inc (Property Owner) Conditional Use Permit(Residential Kennel)Addresses:5205 Shore Drive GPIN(s):1469880062 City Council:District 9 Anna Jean Salon and Boutique, L.L.C. (Applicant) Rogers Properties, LLC (Property Owner) Conditional Use Permit (Tattoo Parlor) Address: 1637 Independence Boulevard,Suites A&B GPIN(s):1479235308 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 757.385.4621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-3854303. 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 City Clerk PILOT-FEBRUARY 6,2024&FEBRUARY 13,2024-1 TIME EACH A.G2 a 0 AG2 AG2 , s' AG2 AG2 Wade W. Bell N 3957, 3961 , 3969 Dawiey Road, & parcel between 3957 & W ', ® site 3961 Dawiey Road s Property_Polygons Zoning Feet Building 0 1530 60 90 120 150 180 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 3957, 3961, 3969 Dawley Road and parcel between 3957 & 3961 Dawley Road (GPINs 2411278385, 2411277361, 2411278241, 2411278120). COUNCIL DISTRICT 2 MEETING DATE: February 20, 2024 ■ Background: The applicant seeks to reduce and reconfigure four (4) lots, that were improperly created by deed between 1955 and 1974, into three (3) lots. All four existing lots are substandard with regards to the dimensional requirements for property zoned AG-2 Agricultural District. While the proposed three lots will remain substandard in lot area, lot width, street line frontage, and side yard setback for properties zoned AG-2 Agricultural District, the proposed reconfiguration of these lots will improve the degree of non-conformity. ■ Considerations: It was common practice in the past for property owners to deed a small portion of their land to a family member, which was the case in this instance. Two of the four lots have been developed with single-family dwellings since 1940. Once reconfigured, the proposed lots will be similar in size and shape to the lots immediately to the north and south of this site. The applicant resides on one of the proposed lots and intends to sell the other two for development of single-family dwellings. Conditions are recommended to ensure newly constructed dwellings will contain architectural design elements that are recommended in the Rural Area Design Guidelines as well as the requirement for a vegetative buffer between residential structures and the abutting agricultural operations to the west. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached staff report. There is no known opposition to this request. ■ Recommendation: On January 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Wade W. Bell Page 2 of 2 1. When redeveloped, a maximum of one (1) dwelling unit shall be permitted on each lot. The architectural design of any new dwelling shall reflect the recommendations found in the Rural Area Design Guidelines. 2. Construction of new single-family dwellings shall meet the minimum required building setbacks on each lot. 3. Approval from the Virginia Beach Department of Public Health Department shall be required for development on each lot. 4. The 50-foot wide, vegetative buffer set forth in the Rural Area Development Guidelines of the Comprehensive Plan shall be required along property lines abutting agricultural operations. 5. A subdivision plat shall be required to be recorded prior to release of the first building permit. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Re-Subdivision Exhibit of Property Owned by Wade W. Bell", dated October 23, 2023, and prepared by Parrish Layne Design Group, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and are incorporated herein by this reference. ■ 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 C4-k-Ir City Manager:1�9 Applicant & PropertyOwner Wade W. Bell Agenda Item Planning Commission Public Hearing January 10, 2024(Deferred December1 CityCouncilDistrict 2 • Virginia Beach Request Subdivision Variance (Section 4.4(b)of the Subdivision Regulations) Staff Recommendation Approval 0 Staff Planner W 3 Hoa N. Dao 0 Location 3957, 3961,3969 Dawley Road, parcel between 3957 &3961 Dawley Road GPINs 2411278385, 2411277361,2411278241, 2411278120 c Site Size GMeRooF 1.52 acres Ro AICUZ r ,� Less than 65 dB DNL / Watershed Southern Rivers Existing Land Use and Zoning District ;"� ` % ■:, Single-family dwelling,vacant lots /AG-2 �*►:� �.Y `� Agricultural Y:' °: . Surrounding Land Uses and Zoning Districts ` q North G .` Single-family dwelling/AG-2 Agricultural South Single-family dwelling/AG-2 Agricultural East Dawley Road Single-family dwellings/AG-2 Agricultural West Cultivated field/AG-2 Agricultural Wade W. Bell Agenda Item 6 Page 1 Background SummaryofProposal • This request was deferred on the December 13, 2023 Planning Commission public hearing to allow the applicant and the adjoining western property owner to discuss the potential of an alternative subdivision layout that would provide access to the western parcel.Staff has since been informed that the adjoining property owner will pursue alternative methods for access to their site and as such there is no change to the subdivision layout as proposed. • The applicant seeks to reduce and reconfigure four(4) lots that were improperly created by deed between 1955 and 1974 into three (3) lots.All four existing lots are substandard with regards to the dimensional requirements for property zoned AG-2 Agricultural District.As the lots were deeded after the adoption of the Princess Anne County Subdivision Ordinance in 1953 which required lots be subdivided via recorded plat, a Subdivision Variance is required. • History: eeded (Yr) Structure (Yr) Lot A 2411-27-8385 1955 Single-Family Dwelling(1940) Lot B 2411-27-8241 1958 Single-Family Dwelling(1940) Lot C 2411-27-8120 1956 No Record Found Lot D 2411-27-7361 1974 No Record Found • Dimensional Standards: Existing Lot Existing Lot Area Existi Lot Existing Street Existing a Exr Rear (sq. ft.) Width (ft) Line Frontage (ft) Yard (ft) Yard (ft) Lot A 7,360 64 64 0 8.89 Lot B 10,821.45 94.78 68.47 0 18.59 Lot C 12,402.54 115.92 140.26 n/a n/a Lot D 34,240.72 68.58 68.58 n/a n/a Proposed Lot roposed Lot Area Proposed Lot Proposed Street Proposed Side Proposed Rear 77 (sq. ft.) Width (ft) Line Frontage (ft) Yard (ft) Yard (ft) Lot 3 26,192 * 113.94 * 113.94 * 0 * 136.63 Lot 2 24,459 * 113.94 * 113.94 * 17.83 * 130.50 Lot 1 15,659 * 115.92 * 113.95 * n/a n/a or Single- Required Lot Area Required Lot Required Street Required Side Required Rear Family in AG-2 (sq.ft.) Width (ft) Line Frontage (ft) Yard (ft) Yard (ft) 43,650 150 120 20 20 *Variance Requested • While the proposed three lots will remain substandard in lot area, lot width,street line frontage, and side yard setback for properties zoned AG-2 Agricultural District,the proposed reconfiguration of these lots will improve the degree of non-conformity. Wade W. Bell Agenda Item 6 Page 2 • The applicant currently resides on Lot A(proposed Lot 3) and intends to sell proposed Lots 1 and 2 to be developed with single-family dwellings. • The proposed subdivision exhibit shows a 10-foot wide right-of-way dedication along Dawley Road. AG, AGI Zoning History A42 AG2 # Request AG2 AG2 1 CUP(Horse Riding Academy)Approved 04/22/2008 2 CUP(Horse Riding Academy)Approved 08/09/2005 % CUP(Boarding Horses)Approved 10/24/1995 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—ConditionalRezoning NON—Nonconforming Use ALT—Alternative Compliance STIR—Short Term Rental Evaluation • • • The request to reconfigure four non-conforming lots to make three lots that are more conforming with regards to lot area, lot width,street line frontage,and building setback, is, in Staff's opinion,acceptable. It was common practice in the past for property owners to deed a small portion of their land to a family member,which was the case in this instance.These lots are owned by the Bell family and two of the four lots have been developed with single-family dwellings since 1940. Once reconfigured,the proposed lots will be similar in size and shape to the lots immediately to the north and south of this site. Section 9.3 of the Subdivision Regulations indicates that City Council shall not approve a Subdivision Variance unless specific findings can be made.A brief analysis of each required finding is provided below. No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. Staff Analysis: These properties are substandard and were established after the adoption of the Subdivision Regulations. However, they were developed with single-family dwellings in the 1940's,prior to the adoption of the Subdivision Regulations. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. Staff Analysis: The surrounding area consists of single-family dwellings. The proposed single-family developments would not be detrimental or adversely affect the character of the area as it will continue the established pattern of development. Wade W. Bell Agenda Item 6 Page 3 C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. Staff Analysis: The proposal is not recurring in nature;an amendment to the Ordinance is not required. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. Staff Analysis:The hardship is not self-inflicted. These properties were deeded by previous property owners and the proposed reconfiguration of these lots will make them more conforming. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff Analysis: The hardship is created by the requirements of the Ordinance. The four existing lots are substandard in lot area, lot width,street line frontage, and building setbacks. The proposed reconfiguration will reduce the number of lots to three and make all lots more conforming in dimensional standards for properties zoned AG-2 Residential District. The Rural Development Guidelines set forth in the City of Virginia Beach Comprehensive Plan recommend a minimum 50-foot wide,vegetative buffer be installed between proposed residential structures and abutting agricultural operations.As there is active cultivation operation on the adjacent western parcel at this time, it is recommended that this buffer be required. Staff also recommends a condition that requires the newly constructed dwelling to contain some elements of the architectural design that are consistent with the recommendations in the Rural Area Design Guidelines, such as a front porch, pitched roof lines, board and batten siding, and a side-loading garage. Based on these considerations,Staff recommends approval of the request subject to the conditions and deviation as noted. Recommended Conditions 1. When redeveloped,a maximum of one (1) dwelling unit shall be permitted on each lot.The architectural design of any new dwelling shall reflect the recommendations found in the Rural Area Design Guidelines. 2. Construction of new single-family dwellings shall meet the minimum required building setbacks on each lot. 3. Approval from the Virginia Beach Department of Public Health Department shall be required for development on each lot. 4. The 50-foot wide,vegetative buffer set forth in the Rural Area Development Guidelines of the Comprehensive Plan shall be required along property lines abutting agricultural operations. 5. A subdivision plat shall be required to be recorded prior to release of the first building permit.The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Re-Subdivision Exhibit of Property Owned by Wade W. Bell",dated October 23, 2023,and prepared by Parrish Layne Design Group, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and are incorporated herein by this reference. 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 Wade W. Bell Agenda Item 6 Page 4 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 within the Rural Area.The Rural Area is located in the southern half of the city,south of Indian River and Sandbridge Roads. It is characterized as low,flat land with wide floodplains and altered drainage with a presence of agricultural and rural-related activities including traditional and specialty crop cultivation,tree farms,equestrian facilities,wetland banks,fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental,scenic, and agricultural resources against inappropriate activities and intense growth. Successful rural residential developments do not dominate, but rather, complement the setting and showcase the attractiveness of the natural surrounding countryside. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There does not appear to be any significant cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Dawley Road No Data AvailableJ No Data Available Existing Land Use 2-10 ADT Proposed Land Use 3—30 ADT 'Average Daily Trips Z as defined by a single-family 3 as defined by three single-family 4 LOS=Level of Service dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Dawley Road is considered a two-lane rural roadway.There is no CIP project slated for this roadway. ImpactsPublic Utility Water & Sewer City water&sanitary sewer service is not available for connection.The proposed lots will be required to obtain approval from the Department of Public Health for well water and on-site septic system. Wade W. Bell Agenda Item 6 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on December 11, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, December 27, 2023 and January 3, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 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 January 4, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Tuesdays, February 6, 2024 and February 13, 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 February 5, 2024 • 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 February 16, 2024. Wade W. Bell Agenda Item 6 Page 6 �S f ODO�FyRH� NRC�HM ZON '83'9� JAMN op VAS '• SOU Z AA FP tOU15E 0. NOW OR FORLJMY DOC/2007041J, AWS AA ANSR7T5? CP1N 2471276 .WRY LOUSE OSIERHOUS OOC.1 20080818000976480 WW.-24112753T000W PARE FOUND 1134174331 . 278.29' ._.�..._ I NI6753J'[ I � NOW OR 74611 PIPE FOUND '�' C.A O.B. 160 NOW_'N•e r4,v. i CAW,241 i WAMf W 8F2!. ;h I Docl 20F17DifJ000500970 � f.�dU•?4N277•T610007 I� Ig EXISTING I& LO`f D mIa PROPOSED LOT 2 PROPOSED LOT 3 24,459 SY, 26.192 S.f. A17M'OR NI 0.562 AC. IMLAW 0.601 AC. D. ANN AA �I RR J51. g A4'MfRLY 'FDPk +Y LIE TO k. ... OPN.'241;f TO VA 6RrW7& N1553'48T 78.87' I 1•PW FOCA110 '700205T 6560 N15 SJ'4B E' 89.04' PEE FGY/NO as I .. z) Ik3417 170030000 (BENT) �) ❑ PROPOSED LOT 1 °� �: NDW OR MRNERtY i TOTAL AREA p WADE W ML I 'Y 15,659 S.P. t f` OOcI 20 1906 12000 4 76220 0.360 AC 9,✓o I 6P/N 2 4 112 7624 r0600 EXISTING I EXISTIN __ m EXISTING NOW OR FORWRt` Dx1 061 L4>LOT C LOT B CPIN 241127612070 I I g I 113.94'O/A 113,94'O/A SEAS' '&66' I 49.92' _ o S15-04.42-W 140.7W. S15'15'44 $14'58'29'W 68.58' Si51 g 6 ROD FOUND S15'04'42W 140.26' PNE FOUND 51s'15'44W 6847' pIPF FOUND S1475828W 68.57' PIN FOUND S15'11'I1,w 64.00' P,ZN FOUND AREA TO BE DEDICATED TO THE CRY OF (DENT) D 1290't TO VIRGIN U BEACH FOR RIGHT-OF-WAY PURPOSES 010 < GUM RIDGE ROAD TOTAL AREA-3,416 S.F./0.078 AC. DAWLEY ROAD (D k VARIABLE WIDTH R/W) Q (D.8. 2532. PG. 652) y C � r=r CU r (DD Q7 1D �I Ql IES S11"a 83�3 Now ORrOR • Ve.�"'" 10* J MES M AU_ NOW OR FORMERLY � OOC./20070413 JAMES M MASTERS& DP1N 2411276 MIRY LOUSE OSTERHOUS • DOC./20080818000916480 CPIN 24112753.310DO6YJ F E FOUKI 111.28' N-3417433. . 221269 N715T0T 176.29 115.11, • N76'23332 NOW OR 48.D9' W FOWVD JEW C JL ( ) .. D.B. I60 NOW OR FORMERLY CPA'?4/ WADE W BFLL D0 C./2001041J000500910 CAW'2411277J610000 PROPOSED LOT 3 PROPOSM LOT Pgopom LOT 3 i� NOW 09 155J b 267 S.F. 2%192 S.F. Wit"D+> AC 0801 AD ANN M N D.B J51PROPE . 7RAQRLY 1 PROPOSED PURSUANT TOTY IVA TONE BE 15�2--2275 TED CPIN:241. BR ANT& N16'S3'48"E 78.87' ._ AN FOG117 00205BRANT N133.T'4Q2' ow -- _ LOT 2 ( N.3417398. IM10000 PM£itXAVD �t a '700J0000 (BEND) - PROPOSED LQT 1 NOW OR FORMERLY / e WADE W 8ELL ' 15AS S.F. DOC./20190612010476?2O 0.300 AC. n e OP1N 2 4 1 12 7824 1 00M >�, J " PROPOSED �4 R 94 a '`9'*rE A7W OI4 F09N/ERLY MJW -.LOT 1 N NM1L�'W.Blu 000 8 � '� 9 � oNac/za7ra1J�7soo910 WAl.�r .. - N o & 24112783850= 2 DOC./20/906I1U00416770 ^. CPIN:24112781200000 — ! g 113.94'O/A h 113.94''0/A 1 26.63' 68.45' 1 p S1504'4211' 140.78' - 515154lW S14'38'2911' 68.58'- S1S1111 ..8 , 0 ROD FDUNO w S15044214' 14026' W FOUND S15'15'44 W 68.47' PIPE FOUND S11-M-281Y 6857' V rOt1ND S15'1I'I11Y 64.00' ^PWO ramAREA TO BE DEDrATED TO THE CRY OF (err) 1290't Tb VIRd1AA BEACH FOR RIGHT-OF-WAY PURPOSES D Oq C cuw Rroc2:RO/m TOTAL AREA,3.416 S.F./O.078 AC. DAWIEY ROAD : Q (40'R VARIABLE WIDTH R/W) Q TO (D.R 2532,PG. 652) N < 'r 03 (D (D EA fD 00 Ql = �t f P f Site Photos p t-,.t �4 Wade W. Bell Agenda Item 6 Page 9 � icy 1 Site Photos h 14 vr- Wade W. Bell Agenda Item 6 Page 10 Disclosure Disclosure Statement \/D re.,e''-Anah 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 ('i O /Ije_ (A Does the applicant have a representative? ®Yes • VVIi list the name of the representative. (1'� c,�� ►�� Kevin Pettrey Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes )ZriNO • 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 appikant. (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 entry 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 11 v a g e Wade W. Bell Agenda Item 6 Page 11 Disclosure 113 Disclosure Statement I'i<dnning&Community ' Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia B.ea/yh have an interest in the subject land or any proposed development contingent on the subject public action?1: Yes I!J ci • 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•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 ;�No • If yes,identify the financial institutions providing the service 2. Does the appli t 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 provide 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 pia r provided in connection with the subject of the application or any business operating or to be operated on the property? Yes Cl No • if yes,identify the firm and individual providing the service. _r `r1�1..J�ls Ie,_�`S r �r ! „1Ctr -�Sll 5- Is there any other pending or proposed purchaser of the subject property?❑Yes ;AO • if yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Wade W. Bell Agenda Item 6 Page 12 Disclosure Disclosure Statement 13 Planning&Communityr Development 6. Does the applicant have a construction contract r in connection with the subject of the application or any business operating or to be operated on the property?0 Yes WNO • 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 service ction with the subject of the application or any business operating or to be operated on the property?®Yes 'i` M- • If yes,identify the form and individual providing the service. Pettrey Law. PLC , Kevin Pettrey AApp scant 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 orcommittee in connection with this application. Applicant Signature � � f Prlet Name and Title )027 Date Is the applicant also the owner of the subject property? ❑Yes ❑NO • If yes,you do not geed to fill out the owner disclosure statement. •• a that pertains to the applications © No changes at at 0"' 01.30 2024 Print Name Hoa N,Dao Revised U09.2020 3 1 P a g e Wade W. Bell Agenda Item 6 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. Wade W. Bell Agenda Item 6 Page 14 Virginia Beach Planning Commission January 10, 2024, Public Meeting Agenda Item # 6 Wade W Bell RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. Application number six Wade Bell. Mr. Bell here today? Mr. Bell: Good afternoon. Ms. Cuellar: Could you please state your name for the record? Mr. Bell: Wade Bell. Ms. Cuellar: Thank you, and are the conditions acceptable to you? Mr. Bell: Yes, ma'am, it is. Ms. Cuellar: Thank you very much. You may be seated. Mr. Bell: Thank you. Ms. Cuellar: Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Clemons to read this item into the record. Mr. Clemons:Thank you. This request was deferred on December 13th, 2023, Planning Commission public hearing to allow the applicant and the adjoining western property owner to discuss the potential of an alternative subdivision layout that would provide access to the western parcel. Staff has since been informed that the adjoining property owner will pursue alternative methods for access to their site. The applicant seeks to reduce and reconfigure four lots that were improperly created by deed between 1955 and 1974 into three lots. All four existing lots of substandard with regard to the dimensional requirements for the property zone AG-2 agricultural district. As the lots were deeded after the adoption of the Princess Anne County, subdivision ordinance in 1953, which required lots to be subdivided by recorded plat, a subdivision variance is required. While the proposed three lots will remain substandard in lot area, lot width, street line frontage, and side setback for properties AG-2, the proposed reconfiguration of these lots will improve the degree of nonconformity. Based on these considerations, staff recommended the approval of the request and the commission relegated this to the consent agenda. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Alright and second by Mr. Clemons, it's your day. Madam Clerk: We're going to go ahead and do a verbal vote again since the system isn't working. Mr. Anderson? Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons:Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Mrs. Estaris? Ms. Estaris: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Madam Clerk: And Chairman Alcaraz? Mr. Alcaraz: Yes. Madam Clerk: By a vote of 11 to 0, items 1, 2, 4 and 5, 6, 7, 10, and 11 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. When redeveloped, a maximum of one (1) dwelling unit shall be permitted on each lot. The architectural design of any new dwelling shall reflect the recommendations found in the Rural Area Design Guidelines. 2. Construction of new single-family dwellings shall meet the minimum required building setbacks on each lot. 3. Approval from the Virginia Beach Department of Public Health Department shall be required for development on each lot. 4. The 50-foot wide, vegetative buffer set forth in the Rural Area Development Guidelines of the Comprehensive Plan shall be required along property lines abutting agricultural operations. 5. A subdivision plat shall be required to be recorded prior to release of the first building permit. The lots shall be in substantial conformance with the conceptual subdivision plan entitled "Re- Subdivision Exhibit of Property Owned by Wade W. Bell", dated October 23, 2023, and prepared by Parrish Layne Design Group, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and are incorporated herein by this reference. Virginia Beach Boulevard B2 B2 2 N ® Site Property Polygons Barbara C. Duff & Hoyt L. Duff, II, Virginia Beach AVA RE, LLC W E - 2325 Virginia Beach Boulevard S Zoning Building Feet 012.5?5 50 75 100 125 150 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. of an Unnamed, Unimproved Right-of- Way Located Adjacent to 2325 Virginia Beach Blvd. MEETING DATE: February 20, 2024 ■ Background: Barbara C. Duff and Hoyt L. Duff, II (the "Applicants"), requested the closure of approximately 5,751 sq. ft. of an unnamed, unimproved right-of-way (the "Right- of-Way"), adjacent to their properties located at 2325 Virginia Beach Blvd., for the purpose of incorporating the closed area into their adjoining properties. The owner of 2375 Virginia Beach Blvd. has joined the Applicants in the street closure application and have requested that the remaining 813 sq. ft. portion of the unnamed, unimproved right-of-way also be closed. A separate Ordinance will be presented to City Council for consideration of that request. ■ Considerations: 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 January 10, 2024, the Planning Commission passed a motion by a recorded vote of 11-0 to recommend this request to City Council, with to the following conditions: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicants, or the Applicants' successors and assigns, shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Barbara C. Duff& Hoyt L. Duff, II Page 2 of 2 3. The Applicants, or the Applicants' successors and assigns, shall verify that no other private utilities exist within the Right-of-Way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate 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 rights-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 BARBARA 2 C. DUFF AND HOYT L. DUFF, II FOR THE CLOSURE OF 3 APPROXIMATELY 5,751 SQ. FT. PORTION OF AN 4 UNNAMED, UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 2325 VIRGINIA BEACH BLVD. 6 7 WHEREAS, Barbara C. Duff and Hoyt L. Duff, II (the "Applicants"), applied to the 8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion 9 of an unnamed, unimproved right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION 1 19 20 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 21 Way") be discontinued, closed and vacated, subject to certain conditions being met on 22 or before one (1) year from City Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "DENOTES AREA OF PROPOSED STREET 27 CLOSURE FOR BARBARA C. DUFF & HOYT L. DUFF, II 28 AREA = APPROXIMATELY 5,751 S.F. OR 0.132 AC.", and 29 shown as the hatched area on that certain street closure 30 exhibit entitled: "STREET CLOSURE EXHIBIT OF 6,564 31 S.F. PORTION OF UNNAMED UNIMPROVED 30' RIGHT- 32 OF-WAY ON PLAN OF LOTS FOR B.F. OWENS (M.B. 6, P. 33 271) VIRGINIA BEACH", Scale: 1" = 30', dated December 8, 34 2023, prepared by Gaddy Engineering Services, LLC, a copy 35 of which is attached hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City 40 Council's adoption of this ordinance: 41 42 No GPIN Assigned (City Right-of-Way) 43 Adjacent GPINs: 1497-95-8048, 1495-95-9058, 44 1497-95-9041 and 1497-94-9917 45 1. The City Attorney's Office shall make the final determination regarding 46 ownership of the underlying fee. The purchase price to be paid to the City shall be 47 determined according to the "Policy Regarding Purchase of City's Interest in Streets 48 Pursuant to Street Closures," approved by City Council. 49 50 2. The Applicants, or the Applicants' successors and assigns, shall 51 resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way 52 into the adjoining lots. The resubdivision plat must be submitted and approved for 53 recordation prior to the final street closure approval. 54 55 3. The Applicants, or the Applicants' successors and assigns, shall verify that 56 no other private utilities exist within the Right-of-Way proposed for closure. If other 57 private utilities do exist, an easement satisfactory to the appropriate utility company 58 must be provided. 59 60 4. Closure of the Right-of-Way shall be contingent upon compliance with the 61 above stated conditions within 365 days of approval by City Council. If the conditions 62 noted above are not accomplished and the final plat is not approved for recordation 63 within one year of the City Council vote to close the rights-of-way this approval shall be 64 considered null and void. 65 66 SECTION III 67 68 1. If the preceding conditions are not fulfilled on or before February 19, 2025, 69 this Ordinance will be deemed null and void without further action by the City Council. 70 71 2. If all conditions are met on or before February 19, 2025, the date of final 72 closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 3. In the event the City of Virginia Beach has any interest in the underlying 75 fee, the City Manager or his designee is authorized to execute whatever documents, if 76 any, that may be requested to convey such interest, provided said documents are 77 approved by the City Attorney's Office. 78 79 SECTION IV 80 81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 82 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 83 VIRGINIA BEACH (as "Grantor") and BARBARA C. DUFF and HOYT L. DUFF, II (as 84 "Grantee"). 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 87 of . 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6L 416id a Planning Department City Attorne CA16251 \\vbg ov.com\dfs 1\a ppl ications\citylaw\cycom32\wpdocs\d026\p038\00740843.doc R-1 February 6, 2024 EXHIBIT A NOTE DENOTES AREA OF PROPOSED STREET CLOSURE THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND IS FOR BARBARA C. DUFF & HOYT L. DUFF, II NOT INTENDED FOR ANY OTHER PURPOSE AREA=APPROXIMATELY 5,751 S.F. OR 0.132 AC. V/RG/N/A BEACHB0ULEvARD TOTAL AREA PROPOSED FOR CLOSURE: (ROUTE 58)(BAR/ABLE WIDTH R/GHT-OF-WA Y)01,G503,R/W203 APPROXIMATELY 6,564 S.F. OR 0.151 AC. (STATEHIGHWAyPROJECT0058-134-f01,PE-9 z S81°41'03"E 71.14' FIELD L=30.05' P/N(F) L=74.43' L=2.94' R=285.00' R=315.00' zw� R=285.00' L=15.37' I w R=285.00' Q o I �zz ¢mow zacz 0 �aH 5 0 REAM INDER OFL0T6 REMA/NDEROFL0T5 _W (M.B.6PG.271) (M.B. 6PG.271) LOT'A" W GPIN.-1497-95-9058 GPIN.-1497-95-9098 LOT'B" 0 00 I r �/V Zo i0/m -k ca °D REMAINDER OFL OTS2-9 jZ N /&R A/NDEFOFL0T25 M W BARBAR4 DUFF o REMAINDER OF PARCEL A / / 7D (INSTR.#202 10 0 0 0 62 77) Lo_ (D.B.328PG 565) / / in z N/F 'n AREA:27,424 S.F. OR o BARBAR4 DUFF REMAINDER OF 0T 7 0.630AC. (INSTR.#200312110205988) z (M.S..6PG.271) GPIN-1497-95--8048 GPIN.-1497-95-9041 AREA:12,934 S.F. OR 0.297AC. N86°38'33"W 15.31' REMAINDER OFLOT8 PIN(F) (M.B. 6PG.271) GPIN.,1497-94-9917 P/N(FJ Ng6°38'33"W PLATS !L S62°58'06"W ��p,LTH 0 L 75.6 6 tF1E�Dl 75 DO l Lo 20.17' 0 1� N/F ° �l�' VIRGINIASEA CHAVA RE,LLC � O JV (INSTR.#2020 0 7020 0 0575 19 0) Z �R��55P11 pal MICHAEL S.GA Y 9 GPIN-1497-95-4001 � Q o� � 2 Lic. No. 3255 DENOTES AREA OF PROPOSED 12/08/2023 STREET CLOSURE FOR VIRGINIA BEACH AVA RE, LLC AREA=APPROXIMATELY 5� vP Q1 pNk 813 S.F. OR 0.019 AC. ��P� 0,��p S U Rv STREET CLOSURE EXHIBIT OF \�G IJPR�QR GADDY ENGINEERING SERVICES, LLC 6,564 S.F. PORTION OF J qP MICHAEL S. GADDY, PE, LS UNNAMED UNIMPROVED 30' RIGHT-OF-WAY 0 l5 30 60 757-289-5933 ON PLAN OF LOTS FOR 508 N. BIRDNECK RD., SUITE D B.F. OWENS (M.B. 6, P. 271) VIRGINIA BEACH,VA, 23451 VIRGINIA BEACH, VIRGINIA 1" = 30' C o) 13Applicants Barbara ♦ • Duff, Agenda 1 1 RE, LLC Planning Commission Public City Council Virginia Beach Request Street Closure (Unnamed 30' ROW) Staff Recommendation Approval LN 7U4 F m 8 Staff Planner = SkyLN ~F°+�°� Hoa N. Dao +v c �vo tiba � M6�'C'Vk 6 Location Adjacent to 2325 Virginia Beach Boulevard Adjacent GPINs 1497958048, 2407050086 Site Size 6,564 square feet ebb, AICUZ {CERS RD Greater than 75 dB DNL;APZ-1 P0 Watershed f Chesapeake Bay Existing Land Use Unimproved right-of-way Surrounding Land Uses and Zoning Districts '" a"'"rC� ' + North ;•,. ,+ —, Virginia Beach Boulevard Retail/B-2 Community Business South ! 7 + Interstate 264 t 1 if East Undeveloped parcels/B-2 Community Business West , * Retail/ B-2 Community Business aAv wr Barbara C. Duff, Hoyt L. Duff, II,Virginia Beach AVA RE, LLC Agenda Item 2 Page 1 Background SummaryofProposal • The applicants are seeking to close a 30-foot wide right-of-way between Virginia Beach Boulevard and Interstate 264. As shown on the submitted street closure exhibit,the proposal includes closure of the unnamed and unimproved right-of-way,totaling 6,564 square feet,and incorporating that land into the adjacent parcels. • The applicants intend to redevelop the property with a motor vehicle dealership for low-speed vehicles. -V►►tGIN�ABEq�eLVO _ _ _. B� Zoning History - # Request e2 82 1 CUP(Tattoo Parlor)Approved 11/23/2004 2 CUP(Motor Vehicle Sales)Approved 10/12/1993 f� 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—ConditionalRezoning NON—Nonconforming Use ALT—Alternative Compliance STIR—Short Term Rental Evaluation • • • A Viewers' meeting was held on October 20,2023,that included City Staff from the Departments of Public Works, Public Utilities, Planning&Community Development, and the Office of the City Attorney,to consider this application.The Viewers determined that the proposed closure will not result in any public inconvenience;therefore,the proposed closure is deemed acceptable. Currently, a retail business for lawn care equipment is operating in the building adjacent to the proposed right-of-way for closure with equipment being displayed and stored within the proposed closure area.The property is under contract to be sold and the new owner(Rudolf Construction Partners) seeks to renovate the existing building to operate a motor vehicle dealership for low-speed vehicles.The closure area will be incorporated into the adjoining properties to provide parking and display areas for the dealership. Based on these considerations,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Barbara C. Duff, Hoyt L. Duff, ll,Virginia Beach AVA RE, LLC Agenda Item 2 Page 2 Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 2. The applicant,or the applicant's successors and assigns,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. 3. The applicant,or the applicant's successors and assigns,shall verify that no other private utilities exist within the right-of-way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate 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 rights-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 Chesapeake Bay watershed.There do not appear to be significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 11, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, December 27,2023 and January 3, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 2023. Barbara C. Duff, Hoyt L. Duff, II,Virginia Beach AVA RE, LLC Agenda Item 2 Page 3 • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on January 4, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Tuesdays, February 6, 2024 and February 13, 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 February 5, 2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https:Hclerk.virginiabeach.gov/city-council on February 16, 2024. Barbara C. Duff, Hoyt L. Duff, II, Virginia Beach AVA RE, LLC Agenda Item 2 Page 4 Proposed Street ClosureExhibit NOTE DENOTES AREA OF PROPOSED STREET CLOSURE THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND IS FOR BARBARA C. DUFF&HOYT L. DUFF, 11 NOT INTENDED FOR ANY OTHER PURPOSE ®AREA=APPROXIMATELY 5,751 S.F.OR 0.132 AC. VIRG/N/A BEACHBOL/LEVARD TOTAL AREA PROPOSED FOR CLOSURE: (f F�)(t�AR/ABLE��f0 Pr�W R1W2t APPROXIMATELY 6,564 S.F.OR 0.151 AC. (5Mr-1HGHWAYPRaWECT P/N(FJ 7 S81°41'031E VAN FIELD L=30.05' L=74.43' L=2.94 R=285.00' R=315.00' R=285.00' L=15.37' h R=285.00' i h 50� AEN4WNDE74OFL0T8 REM4/N0IEROFLOTS _ (Afe.sRG 27f) (ASS sPc.vf) LOT A' Gp/N.1497ti15,R7S9 GPlN'f4979 LOT 8" 0 W 000 / \ AEM NL1 w of VVEROFL0715 � Q — — v� W BAR94R4 Df/FF o RBW-41NDER OFPARCEL A (MSM AVW f0iS1n) 'n (D.B.328PG.5 9) Z AW ;n AREA'17,4245.F.OR MRBAR4LX/FF d REMAWNOER0FLOT7 O.&VAC (WMSTR 4MWf11f0A1% ) Z (MB.6,G.171) GPWN.-f4(97.9,1.~ GM,M97-95:"f AREA-1104S.F.OR Q197AC N86°38'3VW 15.31' ALcN41DOPOIF'LOT8 P/At?q (Af.B.SPG.171) G?W.'1497-WOLM 7 P/N/F) N86°38'33 SI S62 58'06'W p�LTH 0 0 D FIELD175, 0 pLA 20.17' 75.66' AW v v �,1. J O VWRGWN64 BEACHAVARE,LLC �.O (/Ns7R.47A2A77t71AN1575fan) Z OR�55P11 pal U MICI Ri.S.G Y 9 GRIN.,f497-95-"f _A(C��QRA�� 4 Lic.No. 3255 DENOTES AREA OF PROPOSED ,(,�+ tip1 12/08/2023 STREET CLOSURE FOR VIRGINIA BEACH �R_�V�"Jr 9 O AVA RE,LLC AREA=APPROXIMATELY 5 q 0 813 S.F.OR 0.019 AC. ��E!', � G1 S U Rv STREET CLOSURE EXHIBIT OF � 4�0 GADDY ENGINEERING SERVICES,LLC 6,564 S.F.PORTION OF J 1P MICHAEL S.GADDY,PE,LS UNNAMED UNIMPROVED 30'RIGHT-OF-WAY 0 l5 3Q 60 757-289-5933 ON PLAN OF LOTS FOR 508 N.BIRDNECK RD.,SUITE D B.F.OWENS(M.B.6,P.271) VIRGINIA BEACH,VA,23451 VIRGINIA BEACH,VIRGINIA 1"=30' Barbara C. Duff, Hoyt L. Duff, II,Virginia Beach AVA RE, LLC Agenda Item 2 Page 5 Concept Plan of • - • Use (AW1 Ua1M WVW ObVgb3fX7/NeA�VOI --Y g�g S � � a x✓� S B � T�yYjrjS� 1 rt W �P 1 m M W ggg j e o 1 6 ,� wards s u S� Icy �:ia• � Y +� P- { i° iU- �'Y I,��•�,{ 63]Vd9.Vld6(I1tNJtl � ��l �.�.'. FREa All b } I pyY . W ti � :d131d1A1<L g.tt51sW w — t � w 1 Gd _ IK Barbara C. Duff, Hoyt L. Duff, II,Virginia Beach AVA RE, LLC Agenda Item 2 Page 6 Site Photo Barbara C. Duff, Hoyt L. Duff, II, Virginia Beach AVA RE, LLC Agenda Item 2 Page 7 Disclosure Disclosufe Statement n�ya,M�t,�amd; Planning&Community Development k 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 Barbara C.Duff&Hoyt L.Duff,it Does the applicant have a representative? Ili,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 M No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list'f necessary) • If yes,list the businesses that have a parent-subsidiary or affiliated business entity'relationship with the applicant. (Attach a list if necessary) t"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. PpMen t.9.1!''2n Barbara C. Duff, Hoyt L. Duff, II,Virginia Beach AVA RE, LLC Agenda Item 2 Page 8 Disclosure . '€7tlasa�e�►�a�ee 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 proposea development contingent on the subject public action?❑Yes ®NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reaitor for current and anticipated future sales of the subject property? ■Yes 0 No • If yes,identify the company and individual providing the service. John Katsias,The Katsias Company 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. David Brotman,Jacobson Brotman,CPA's 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. S. is there any other pending or proposed purchaser of the subject property?E Yes ❑No • If yes,identify the purchaser and purchaser's service providers. Chip Rudolf,Rudolf Construction Partners Revised 11 09,2021' 2 1 P a B F` Barbara C. Duff, Hoyt L. Duff, II,Virginia Beach AVA RE, LLC Agenda Item 2 Page 9 Disclosure Disclosure Statement x11 crvaJtr� Planning&Community Development 6. Does the applicant have a construction contractor n connection with the subject of the application or any business operating or to be operated on the property?❑Yes MY 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?9,Yes ❑NO • If yes,identify the firm and individual providing the service. Mike Gaddy,Gaddy Engineering & 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?K Yes ❑ NO • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Sienature 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 ap jication. 6.1ricc.-lrit ) _Signature Barbara C.Duff Hoyt L. u ,ll Print Name and Title October 2,2023 Date Is the applicant also the owner of the subject property? 0 YES ❑NO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ Council that pertains to the applications ® No changes as of Date 02.01.2024 signature i Print Name .. Hoa N.Dao FevisedV u3.2O20 3 1 F a g e Barbara C. Duff, Hoyt L. Duff, II,Virginia Beach AVA RE, LLC Agenda Item 2 Page 10 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Barbara C. Duff, Hoyt L. Duff, II,Virginia Beach AVA RE, LLC Agenda Item 2 Page 14 Virginia Beach Planning Commission January 10, 2024, Public Meeting Agenda Item #2 Barbara C Duff& Hoyt L Duff, II, Virginia Beach AVA RE, LLC RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. Our next item is application number two for Barbara C. Duff and Hoyt Duff, Virginia Beach AVA RE. Is there a representative here today? Mr. Bourdon: Thank you, Madam Vice Chair, Chairman, members of the Commission. For the record, Eddie Bourdon, Virginia Beach attorney. I represent Mr. and Mrs. Duff as well as Virginia Beach AVA RE on this street closure application. The four conditions recommended by staff are acceptable to the applicants and we appreciate was efforts on this and appreciate being on the consent agenda. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none. I've asked Commissioner Anderson to also read this into the record, please. Mr. Anderson: Okay. Thank you. The applicants are seeking to close a 30-foot wide right-of-way between Virginia Beach Boulevard and interstate 264. As shown on the submitted street closure exhibit. The proposal includes closure of the unnamed and unimproved right-of-way, tolling 6564 square feet and incorporating that land into the adjacent parcels. The applicant intended to redevelop the property with the Motor Vehicle Dealership for low speed vehicles. With no objection, we put this on consent. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Alright and second by Mr. Clemons, it's your day. Madam Clerk: We're going to go ahead and do a verbal vote again since the system isn't working. Mr. Anderson? Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons:Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Mrs. Estaris? Ms. Estaris: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Madam Clerk: And Chairman Alcaraz? Mr. Alcaraz: Yes. Madam Clerk: By a vote of 11 to 0, items 1, 2, 4 and 5, 6, 7, 10, and 11 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant, or the applicant's successors and assigns, 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. 3. The applicant, or the applicant's successors and assigns, shall verify that no other private utilities exist within the right-of-way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate 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 rights-of-way this approval shall be considered null and void. Virginia Beach Boulevard B2 B2 -2 ® Site N Barbara C. Duff & Hoyt L. Duff, II, Virginia Beach AVA RE, LLC W: E Property Polygons Q Zoning 2325 Virginia Beach Boulevard S Building Feet 012.!25 50 75 100 125 150 y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Virginia Beach AVA RE, LLC for the Closure of Approximately 813 Sq. Ft. of an Unnamed, Unimproved Right-of-Way Located Adjacent to 2375 Virginia Beach Blvd. MEETING DATE: February 20, 2024 ■ Background: Virginia Beach AVA RE, LLC, a Virginia limited liability company (the "Applicant"), requested the closure of approximately 813 sq. ft. of an unnamed, unimproved right-of-way (the "Right-of-Way"), adjacent to its property located at 2375 Virginia Beach Blvd., for the purpose of incorporating the closed area into its adjoining property. The owners of 2325 Virginia Beach Blvd. have joined the Applicant in the street closure application and have requested that the remaining 5,751 sq. ft. portion of the unnamed, unimproved right-of-way also be closed. A separate Ordinance will be presented to City Council for consideration of that request. ■ Considerations: 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 January 10, 2024, the Planning Commission passed a motion by a recorded vote of 11-0 to recommend this request to City Council, with to the following conditions: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors and assigns, shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Virginia Beach AVA, RE, LLC Page 2 of 2 3. The Applicant, or the Applicant's successors and assigns, shall verify that no other private utilities exist within the Right-of-Way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate 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 rights-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:/IZ9 1 ORDINANCE APPROVING APPLICATION OF VIRGINIA 2 BEACH AVA RE, LLC FOR THE CLOSURE OF 3 APPROXIMATELY 813 SQ. FT. PORTION OF AN 4 UNNAMED, UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 2375 VIRGINIA BEACH BLVD. 6 7 WHEREAS, Virginia Beach AVA RE, LLC, a Virginia limited liability company (the 8 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the 9 hereinafter described portion of an unnamed, unimproved right-of-way discontinued, 10 closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "DENOTES AREA OF PROPOSED STREET 28 CLOSURE FOR VIRGINIA BEACH AVA RE, LLC AREA = 29 APPROXIMATELY 813 S.F. OR 0.019 AC.", and shown as 30 the hatched area on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF 6,564 S.F. 32 PORTION OF UNNAMED UNIMPROVED 30' RIGHT-OF- 33 WAY ON PLAN OF LOTS FOR B.F. OWENS (M.B. 6, P. 34 271) VIRGINIA BEACH", Scale: 1" = 30', dated December 8, 35 2023, prepared by Gaddy Engineering Services, LLC, a copy 36 of which is attached hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 No GPIN Assigned (City Right-of-Way) 44 Adjacent GPIN: 1497-95-4001 45 1. The City Attorney's Office shall make the final determination regarding 46 ownership of the underlying fee. The purchase price to be paid to the City shall be 47 determined according to the "Policy Regarding Purchase of City's Interest in Streets 48 Pursuant to Street Closures," approved by City Council. 49 50 2. The Applicant, or the Applicant's successors and assigns, shall 51 resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way 52 into the adjoining lots. The resubdivision plat must be submitted and approved for 53 recordation prior to the final street closure approval. 54 55 3. The Applicant, or the Applicant's successors and assigns, shall verify that 56 no other private utilities exist within the Right-of-Way proposed for closure. If other 57 private utilities do exist, an easement satisfactory to the appropriate utility company 58 must be provided. 59 60 4. Closure of the Right-of-Way shall be contingent upon compliance with the 61 above stated conditions within 365 days of approval by City Council. If the conditions 62 noted above are not accomplished and the final plat is not approved for recordation 63 within one year of the City Council vote to close the rights-of-way this approval shall be 64 considered null and void. 65 66 SECTION III 67 68 1. If the preceding conditions are not fulfilled on or before February 19, 2025, 69 this Ordinance will be deemed null and void without further action by the City Council. 70 71 2. If all conditions are met on or before February 19, 2025, the date of final 72 closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 3. In the event the City of Virginia Beach has any interest in the underlying 75 fee, the City Manager or his designee is authorized to execute whatever documents, if 76 any, that may be requested to convey such interest, provided said documents are 77 approved by the City Attorney's Office. 78 79 SECTION IV 80 81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 82 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 83 VIRGINIA BEACH (as "Grantor") and VIRGINIA BEACH AVA RE. LLC (as "Grantee"). 84 85 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 86 of . 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16279 \\vbgov.com\dfs 1\a ppl icatio ns\citylaw\cycom 32\wpdocs\d001\p043\00942517.doc R-1 February 6, 2024 EXHIBIT A NOTE DENOTES AREA OF PROPOSED STREET CLOSURE THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND IS FOR BARBARA C. DUFF& HOYT L. DUFF, If NOT INTENDED FOR ANY OTHER PURPOSE AREA=APPROXIMATELY 5,751 S.F. OR 0.132 AC. (/�RGINIA REACH goLl I/ARD TOTAL AREA PROPOSED FOR CLOSURE: (ROUTE 58)(VAR/ABLE W/OTH RIGHT OF WA 1') APPROXIMATELY 6,564 S.F. OR 0.151 AC. (STATEH/GHWAYPRO✓ECT0o58->.�->01�PE 1o>,C-503,R/W203 PIN(F) Z S81°41'03"E 71.14' FIELD L=30.05' P/N(F) L=74.43' L=2.94' R=285.00' R=315.00' n, R=285.00' mow, L=15.37' I w� R=285.00' Q p �zz z�cz 0 0 REMAINDER OF 0T 6 REMAINDER OF 0T 5 W (M.B. 6PG.271) (M..B.6PG.271) LOT A" W GP/N.-1497-95-9058 GPIN. 1497-95-9088 LOT B" 0 OD W f�� I I I v /V W N 0o iD i jam 00 REM INVEROFL0TS2-9, W m O &RE,WA/NDER OF 0T25 j� "t/� J N _ _ NIF W BARBARA DUFF LO o REMAINDER OFPARCEL A (INSTR.#202100005277) LO (D.B.328 PG 565) in Z N/F p AREA.•27,424 S.F. OR BARBARA DLIFF � REM4/NDEROFL0T7 0.630AC. (INSTR.#200312110205988) Z (M.S.6)-G.271) GP/N.•1497-95-8048 GPIM 1497-95-9041 AREA:12 934 S.F. OR 0.297AC N86°38'33"W 15.31' REMAINDER OFLOT8 P/N(F) (M.B. 6PG.271) GP/N.-M97-94-9917 P/N(F) 3833"W T� W S62°58'06"W �LTH Q Frr , 75'00lPL �`to 20.17'N/F a10 n of O VIRG/NIA BEACH AVA RE,LLC It � OI�� O (INSTR.#2020 0 70200 0575 19 0) Z �55P112pti� MICHAEL S.GA Y 9 GPIN. 1497-95-4001Q�0F'� Lie. No. 3255 DENOTES AREA OF PROPOSED 12/08/2023 STREET CLOSURE FOR VIRGINIA BEACH AVA RE, LLC AREA=APPROXIMATELY 813 S.F. OR 0.019 AC. .`.��', P��G� S U Rv STREET CLOSURE EXHIBIT OF �\\�G\\`JPPRO GADDY ENGINEERING SERVICES, LLC 6,564 S.F. PORTION OF qP MICHAEL S. GADDY, PE, LS UNNAMED UNIMPROVED 30' RIGHT-OF-WAY 0 l5 30 60 757-289-5933 ON PLAN OF LOTS FOR 508 N. BIRDNECK RD., SUITE D B.F. OWENS (M.B. 6, P. 271) VIRGINIA BEACH, VIRGINIA 1" = 30' VIRGINIA BEACH,VA,23451 Applicants Barbara C. Duff& Hoyt L. Duff, 11, Virginia Beach Agenda Item 1 1 RE, LLC Planning • • • City of • 21 Virginia Beach Request Street Closure (Unnamed 30' ROW) Staff Recommendation - I� Approval Staff Planner Hoa N. Dao yQFo EEJ►yE "� r Location Adjacent to 2325 Virginia Beach Boulevard 1 ry i Adjacent GPINs 1497958048, 2407050086 ! v 8 Site Size 6,564 square feet AICUZ Greater than 75 dB DNL;APZ-1 -� Watershed Chesapeake Bay { ` Existing Land Use Unimproved right-of-way Surrounding land Uses and Zoning Districts wR 'VIA SEACg1w. 00 € s North ,_ • r+r .► . ..es Virginia Beach Boulevard Retail/B-2 Community Business .. South � � r�� ,, Interstate 264 +s I•iY� i 4` East l Undeveloped parcels/B-2 Community Business , West , ;, -; . Retail/B-2 Community Business *� , - Barbara C. Duff, Hoyt L. Duff, II, Virginia Beach AVA RE, LLC Agenda Item 2 Page 1 ' Background & Summary of Proposal • The applicants are seeking to close a 30-foot wide right-of-way between Virginia Beach Boulevard and Interstate 264.As shown on the submitted street closure exhibit,the proposal includes closure of the unnamed and unimproved right-of-way,totaling 6,564 square feet,and incorporating that land into the adjacent parcels. • The applicants intend to redevelop the property with a motor vehicle dealership for low-speed vehicles. ---- ------ - Zoning History e # Request _" �` 1 CUP(Tattoo Parlor)Approved 11/23/2004 -- 2 CUP(Motor Vehicle Sales)Approved 10/12/1993 2 11� . 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 : Recommendation A Viewers' meeting was held on October 20,2023,that included City Staff from the Departments of Public Works, Public Utilities, Planning&Community Development,and the Office of the City Attorney,to consider this application.The Viewers determined that the proposed closure will not result in any public inconvenience;therefore,the proposed closure is deemed acceptable. Currently,a retail business for lawn care equipment is operating in the building adjacent to the proposed right-of-way for closure with equipment being displayed and stored within the proposed closure area.The property is under contract to be sold and the new owner(Rudolf Construction Partners)seeks to renovate the existing building to operate a motor vehicle dealership for low-speed vehicles.The closure area will be incorporated into the adjoining properties to provide parking and display areas for the dealership. Based on these considerations,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Barbara C. Duff, Hoyt L. Duff, II,Virginia Beach AVA RE, LLC Agenda Item 2 Page 2 Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 2. The applicant,or the applicant's successors and assigns,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. 3. The applicant,or the applicant's successors and assigns,shall verify that no other private utilities exist within the right-of-way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate 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 rights-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. Resources' Natural & Cultural • The site is located in the Chesapeake Bay watershed.There do not appear to be significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 11, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, December 27, 2023 and January 3, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 2023. Barbara C. Duff, Hoyt L. Duff, II,Virginia Beach AVA RE, LLC Agenda Item 2 Page 3 • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on January 4,2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Tuesdays, February 6,2024 and February 13, 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 February 5, 2024 • 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 February 16, 2024. Barbara C. Duff, Hoyt L. Duff, 11,Virginia Beach AVA RE, LLC Agenda Item 2 Page 4 Proposed Street ClosureExhibit NOTE DENOTES AREA OF PROPOSED STREET CLOSURE THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND IS FOR BARBARA C. DUFF&HOYT L. DUFF,Ii NOT INTENDED FOR ANY OTHER PURPOSE AREA=APPROXIMATELY 5,751 S.F.OR 0.132 AC. VIRGINIA,664CHBOULEVARD TOTAL AREA APP OXIMATELY0�4 S F OR 0.ED FOR .1SURE: #WUTE64)(0 151 AC. (5TATE/ r*a&CT 3>Lft7 pF fLN awl �K'PJ SB1°41'03"E 71.14' FIELD L=30.05 L=74.43' L=2.94 R=285.00' R=315.00' R=285.00' IPA L=15.37' � R=285.00' K rV ILL / S � �� R91L4A6Ci94L]�LOT6 REAHdNgBPQFLOT3 LOT A' G39Eit�,6�RZR9 C�9K W�,l5'Aw LOT B' W � i co W MW 0FL0752L,61 84RSWA DLFF LO o AS 4LDWXR 0,FPJ4Rr.EL A 1° /dYS7R AW0YVAW7) 'n (D.B.3t19fYd M5) in Z AfF AA6A'274NS.F.OR MAMR4 DEFF a RBIf4A vM70.-LOr7 O.8XAG &WTR""121 f f z WER SM.-27Y) ARFA f200S.F.OR O WAC. i N86°38'33"W 15.31' A51r4#WW?CFL0re c~-1�7n pt86°38'33 plAS1 LLI S62°58'06'vV LTH 0 75.66'IF�ELp 5 00 20.17' l Ln }[_+ O G Mr-91 L4 AFAMAVAAE;LLC tW7R 7 7SfW) z 11 O WCHAEL S.G Y y ff97,6lF/Q7f �Qa � Lic.No.32 5 DENOTES AREA OF PROPOSED �p� 12(0812023 STREET CLOSURE FOR VIRGINIA BEACH S,�P�IPCj�� AVA RE,LLC AREA=APPROXIMATELY V 813 S.F.OR 0.019 AC. \,c(G (� S URVQ STREET CLOSURE EXHIBIT OF P� GADDY ENGINEERING SERVICES,LLC 6,564 S.F.PORTION OF 1 MICHAEL S.GADDY,PE,LS UNNAMED UNIMPROVED 30'RIGHT-OF-WAY 0 ly 30 60 757-289-M B.F. ONOWENS(M.B.6,P.AN OF LOTS 0271) ��m� 508 N.BIRDNECK RD.,SUITE D VIRGINIA BEACH,VIRGINIA 1"=30' VIRGINIA BEACH,VA,23451 Barbara C. Duff, Hoyt L. Duff, II,Virginia Beach AVA RE, LLC Agenda Item 2 Page 5 Concept Plan of • - • Use OrV&"AYSAOO+07 a '1000-0W1+ 0� a Y �k,-b- gg 1:1 4IN 4 �� 321R.41M ,.Y 4+�•�.{ Sd�4d8 wVld8'U JlNUS ' � �i r.�\ o Q MM W , — (d•31�d4A/l�L£.53SW ••• A w.s t OQip ` �lQ @tl Barbara C. Duff, Hoyt L. Duff, II,Virginia Beach AVA RE, LLC Agenda Item 2 Page 6 Site Photo Barbara C. Duff, Hoyt L. Duff, II, Virginia Beach AVA RE, LLC Agenda Item 2 Page 7 Disclosure Disclosure Statement (:5iy a;Y� BaaY Plaiming&Commill I Nn'elopment The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Virginia Beach AVA RE,LLC Does the applicant have a representative? PK'Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?IN Yes ❑No • Ifyes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list If necessary) Ali Ahmed,Manager • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Atlantic VA RE,LLC owns 100%of Virginia Beach AVA RE,LLC.Atlantic VA RE,LLC also owns Greenhner AVA RE,LLC,Norfolk AVA RE,LLC, Roanoke AVA RE,Newport AVA RE.I.I.C. '"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. R,-vicpd 1.09 2DJC 1 P a 5 Barbara C. Duff, Hoyt L. Duff, II, Virginia Beach AVA RE, LLC Agenda Item 2 Page 11 Disclosure Disclosure Statement �rt'F t,ri'x�,:u Sa3rs'. Planning&Community. Df-velopment 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,crosstollateralization,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. Ally Bank 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑Yes X 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. Crowe, LLP. Matthew Brown,CPA 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 W,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 purchasers service providers Revised 04 2021t 21 E Barbara C. Duff, Hoyt L. Duff, II, Virginia Beach AVA RE, LLC Agenda Item 2 Page 12 Disclosure Disclosure Statement X ID P€ar'ning&.Communit-,, Development 6. Does the applicant have a construction contractor in connection w,th 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 applicant have an engineer/surveyorlagent 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. Mike Gaddy,Gaddy Engineering Services 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?K Yes ❑No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C.;Margaux Bacro-Duverger,Esq.,ACMGMT,LLC 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. Virginia Beach AVA RE,LLC By' Applicant Signature _- - Ali Ahmed,Manager Print Name and Title 11/17/2023 DateIs the applicant also the owner of the subject property? !Yes ❑No • if yes,you do not need to fill out the owner disclosure statement. • . , , that pertains to the application, No changes as of Um Print Name i 1 09 2020 31v eF Barbara C. Duff, Hoyt L. Duff, II, Virginia Beach AVA RE, LLC Agenda Item 2 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. Barbara C. Duff, Hoyt L. Duff, II,Virginia Beach AVA RE, LLC Agenda Item 2 Page 14 Virginia Beach Planning Commission January 10, 2024, Public Meeting Agenda Item # 2 Barbara C Duff& Hoyt L Duff, II, Virginia Beach AVA RE, LLC RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. Our next item is application number two for Barbara C. Duff and Hoyt Duff, Virginia Beach AVA RE. Is there a representative here today? Mr. Bourdon: Thank you, Madam Vice Chair, Chairman, members of the Commission. For the record, Eddie Bourdon, Virginia Beach attorney. I represent Mr. and Mrs. Duff as well as Virginia Beach AVA RE on this street closure application. The four conditions recommended by staff are acceptable to the applicants and we appreciate was efforts on this and appreciate being on the consent agenda. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none. I've asked Commissioner Anderson to also read this into the record, please. Mr. Anderson: Okay. Thank you. The applicants are seeking to close a 30-foot wide right-of-way between Virginia Beach Boulevard and interstate 264. As shown on the submitted street closure exhibit. The proposal includes closure of the unnamed and unimproved right-of-way, tolling 6564 square feet and incorporating that land into the adjacent parcels. The applicant intended to redevelop the property with the Motor Vehicle Dealership for low speed vehicles. With no objection, we put this on consent. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Alright and second by Mr. Clemons, it's your day. Madam Clerk: We're going to go ahead and do a verbal vote again since the system isn't working. Mr. Anderson? Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons:Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Mrs. Estaris? Ms. Estaris: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Madam Clerk: And Chairman Alcaraz? Mr. Alcaraz: Yes. Madam Clerk: By a vote of 11 to 0, items 1, 2, 4 and 5, 6, 7, 10, and 11 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant, or the applicant's successors and assigns, 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. 3. The applicant, or the applicant's successors and assigns, shall verify that no other private utilities exist within the right-of-way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate 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 rights-of-way this approval shall be considered null and void. J B2 B2 B1A 3 O y° rv= 1. 0 i B2 ® Site Evergreen Virginia, L.L.C. W E Property Polygons Zoning 2865 Virginia Beach Boulevard & 240 N. Lynnhaven Road S Q Building Feet 012.T5 50 75 100 125 150 iS y�l fit. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N. Lynnhaven Road Adjacent to 2865 Virginia Beach Blvd. MEETING DATE: February 20, 2024 ■ Background: Evergreen Virginia, L.L.C., a Virginia limited liability company (the "Applicant"), requested the closure of approximately 2,854 sq. ft. of N. Lynnhaven Road (the "Right-of-Way") adjacent to its property located at 2865 Virginia Beach Blvd. (the "Property"), for the purpose of incorporating the closed area into its adjoining property. The Applicant is redeveloping the Property. By incorporating the Right-of-Way into the Property, the Applicant would increase the size of its parking lot, thus alleviating safety concerns of vehicles backing into N. Lynnhaven Road. ■ Considerations: The Viewers determined that an existing Dominion Energy pole should remain in the public right-of-way. Consequently, the Applicant reduced the width of the requested closure area from 15 ft. to 10 ft. 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 January 10, 2024, the Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 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 Evergreen Virginia, L.L.C. Page 2 of 2 be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the 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 Applicant or the Applicant's successors or assigns shall verify that no private utilities exist within the Right-of-Way. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. If it is determined that an encroachment will be needed for the Applicant's improvements to the property, an encroachment application shall be submitted to the Department of Public Works/Real Estate prior to the closure being finalized. 5. 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 Statement 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 2 EVERGREEN VIRGINIA, L.L.C. FOR THE 3 CLOSURE OF AN APPROXIMATELY 2,854 4 SQ. FT. PORTION OF N. LYNNHAVEN ROAD 5 ADJACENT TO 2865 VIRGINIA BEACH BLVD. 6 7 WHEREAS, Evergreen Virginia, L.L.C., a Virginia limited liability company (the 8 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the 9 hereinafter described portion of N. Lynnhaven Road discontinued, closed, and vacated; 10 and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "PROPOSED STREET CLOSURE AREA 28 2,854 S.F. (0.066 AC)", and shown as the hatched area on 29 that certain street closure exhibit entitled: "STREET 30 CLOSURE EXHIBIT OF 2,854 SF PORTION OF N. 31 LYNNHAVEN ROAD FOR EVERGREEN VIRGINIA, L.L.C. 32 (I.N. 200501260014228)", prepared by Kimley-Horn, a copy 33 of which is attached hereto as Exhibit A. 34 35 SECTION II 36 37 The following conditions must be met on or before one (1) year from City 38 Council's adoption of this ordinance: 39 40 1. The City Attorney's Office will make the final determination regarding 41 ownership of the underlying fee. The purchase price to be paid to the City shall be 42 determined according to the "Policy Regarding Purchase of the City's Interest in Streets 43 Pursuant to Street Closures," approved by City Council. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 1497-35-7774 47 2. The Applicant shall resubdivide the property and vacate internal lot lines to 48 incorporate the closed area into the adjoining lots. The resubdivision plat must be 49 submitted and approved for recordation prior to the final street closure approval. Said 50 plat shall include the dedication of a public drainage easement over the Right-of-Way to 51 the City of Virginia Beach, subject to the approval of the Department of Public Works, 52 and the City Attorney's Office, which easement shall include a right of reasonable 53 ingress and egress. 54 55 3. The Applicant or the Applicant's successors or assigns shall verify that no 56 private utilities exist within the Right-of-Way. If private utilities do exist, easements 57 satisfactory to the utility company, must be provided. 58 59 4. If it is determined that an encroachment will be needed for the Applicant's 60 improvements to the property, an encroachment application shall be submitted to the 61 Department of Public Works/Real Estate prior to the closure being finalized. 62 63 5. 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 February 19, 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 February 19, 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 (as "Grantor") and EVERGREEN VIRGINIA, L.L.C. (as "Grantee"). 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 89 of . 2024. 90 91 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 92 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: axx- 13--- Planning Department City Attorn CA16258 \\vbgov.com\dfs 1\a ppl ications\citylaw\cycom 32\wpdocs\d026\p038\00740843.doc R-1 February 6, 2024 EXHIBIT A PT OF L0T 1, Roo'h I LYNNHAVEN F,i TH o NIF +y N30'53'27"W £VfRtREEN VIRRIVA LLC 124.45' (DEED IN T =20040000`t'7,'J (Rll, /Q FL;. 4-,) �rO 0 (PIN.N 14P7-15-C.4_I-0000 'r N59'06'33"E (17,s,,1"I/D. ACRE) � 0 O Zl 10.00, AVID B. D N59'06'35"E 89.61' vd Lic. Na 2299 S59'06'33"W i �ssIONAL � �ti L Z ti 1K a Z� LEGEND AREA PROPOSED O ® TO BE CLOSED FARCE£ N/F RLAAE£N MONA LLC 00 0) (DEED IN T -;J040000`6"f) NOTE: /00 6PIN.W. 9, Pc:. 1/) 14s17-?5-7774-ckkk) THIS EXHIBIT IS INTENDED TO N (14 (. 1,58:-E/L:rJ ACRES) SHOW THE AREA OF PROPOSED Ld 3 RIGHT-OF-WAY CLOSURE AND IS NOT INTENDED FOR ANY OTHER N N PURPOSE. i-) Lo to O � cn Z PROPOSED STREET CLOSURE AREA 2,854 S.F. (0.066 AC) ./ O(O S59'06'33"W 5.00' N77'40'22"W HORIZONTAL DATUM: NAD83/93 (HARN) 20.58' / TAALLL 4-A N/F VERTICAL DATUM: NAVD88 / fVIA,.REEN VIF,40 11C N 77'47'51"W (DEED IN,'-T. F 'U0400J0`c:U) 18.00' (PLAT 11V.T �7i�00005:i;f CPIN (,%Qu47 SF/1,31.4 ACRE) tip�Ty I N77'47'51"W LOT 5.b[Lah l �160.00' GRAPHIC SCALE IN FEET N30'53'27"yy N/F A LLC 291.20' (11 T a7171LZPU01101-1.60) STREET CLOSURE EXHIBIT OF Kimley)))Horn2,854 SF PORTION OF N.LYNNHAVEN ROAD FOR EVERGREEN VIRGINIA,L.L.C. VIRGINIA BEACH, VIRGINIA c 2023 KIMLPY-HORN AND ASSOCIATES, INC. (I.N. 200501260014228) 4525 MPHONIN E757-2t13 8600 FAX:ITE 1000, I 757—NIA 213-86( 23462 WWW.KIMLEY—HORN.COM Item Applicant •. Planning Commission Public1 2024 City • C"",,/ B 7 Virginia Beach Request Street Closure Staff Recommendation ,- Approval y�rPa rU ��P� o Staff Planner ```ssN "'ONGS , Marchelle Coleman qoR Ro 0. F kNG 0o� CGS S KjNG Location 5�° Portion of right-of-way on N. Lynnhaven Road ��aGNRGNF gEAB�vD ? ARk L<RGN Oa adjacent to 2865 Virginia Beach Boulevard G PI Ns 40 20 1497358684, 1497357774, 1497356822, 1497358365 Site Size ``z 2,854 square feet % ass �� yy'°F T�NoR AICUZ �. Asa ANSOL LN F 9LF SL�1�O ?S9 Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Public right-of-way Surrounding Land Uses and Zoning Districts k , s � r North 'V,,,,}� i Virginia Beach Boulevard Shopping center/B-2 Community Business 's ti South N. Lynnhaven Road *_ • . Single-family dwellings/R-10 Residential East ,. Motor Vehicle Sales/B-2 Community Business n fjy West �F2 Auto Sales&Service,shopping center, /B-2 Community Business B-1A Limited Community Business Evergreen Virginia, L.L.C. Agenda Item 7 Page 1 Background Summaryof Proposal • The applicant is requesting to close a portion of N. Lynnhaven Road,south of Virginia Beach Boulevard.As shown on the submitted street closure exhibit,a total of 2,854 square feet of N. Lynnhaven Road is proposed to be closed and incorporated into the adjacent commercial lot to the east, addressed 2865 Virginia Beach Boulevard. • The area proposed for closure was acquired by the City of Virginia Beach through a Street Dedication Plat recorded on June 22, 1973, in M.B. 97, PG. 35.Therefore,the City owns the underlying fee in the portion of the street proposed for closure. • The applicant is the owner of all parcels adjacent to the area proposed for closure and has provided documentation to indicate that the street will vest into Evergreen Virginia, L.L.C. upon closure. • There is an existing Dominion Energy pole within the public right-of-way.The Viewers determined that it would be in the best interest of the City if the pole remained in the public right-of-way instead of being placed within an easement. Due to this request from Staff,there will be a 10-foot right-of-way vacation instead of the 15-foot right- of-way vacation initially proposed in order to keep the existing Dominion pole within the right-of-way. • All improvements shown on the conceptual plan, including all work associated with the relocation of the existing 24- inch stormwater pipe and existing sidewalk,will be done by the applicant at their expense. Zoning History # Request 1 MDC Approved 11/14/2023 MDC Approved 04/17/2018 s CUP(Car Wash Facility)Approved 04/17/2018 CUP(Motor Vehicle Sales)Approved 07/09/1997 CUP(Motor Vehicles Sales)Approved 09/18/1989 F pa' CUP(Motor Vehicle Sales and Rental)Approved 12/14/1987 / 2A REZ(CL-1 Limited Commercial to CG-1 General Commercial)Approved 12/20/1971 3 CUP(Motor Vehicle Sales and Service)Approved iR 12/20/1971 2 CRZ(13-2&R-10 to Conditional B-1A)Approved e2 02/27/2007 Sao 3 CUP(Fuel Station&Car Wash Facility)Approved 05/29/1990 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation • • • As required by City Code,a Viewers' Meeting was held on November 17, 2023,that included City Staff from the Departments of Public Works, Public Utilities, Parks& Recreation, 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. Evergreen Virginia, L.L.C. Agenda Item 7 Page 2 There are no public utilities within this area of the right-of-way, 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, a 10-foot right-of-way vacation is proposed to keep the existing Dominion pole within the public right-of-way. Due to this,a portion of the 10-foot landscape buffer along N. Lynnhaven Road may encroach into the City's right-of-way upon closure. Condition 5 has been recommended by Staff to indicate that an encroachment request must be submitted to the Department Public Works/Real Estate, if it is determined that there is an encroachment into the public right-of-way. 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. 5. If it is determined that an encroachment will be needed for the applicant's improvements to the property, an encroachment agreement shall be submitted to the Department of Public Works/Real Estate prior to the closure being finalized. 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. Evergreen Virginia, L.L.C. Agenda Item 7 Page 3 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and outside of the Chesapeake Bay Resource Protection Area. There does not appear to be any significant cultural resources associated with the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 11, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, December 27, 2023 and January 3,2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 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 January 4,2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Tuesdays, February 6, 2024 and February 13, 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 February 5, 2024. • 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 February 16, 2024. Evergreen Virginia, L.L.C. Agenda Item 7 Page 4 Street Closure Exhibit '�DAVID B. D N59*06'35"�E_ LEGEND AREA PROPOSED C) TO BE CLOSED NOTE: od 00 THIS EXHIBIT IS INTENDED TO c"I C14 SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND IS NOT INTENDED FOR ANY OTHER �N PUR POSE PO -K) PROPOSED STREET CLOSURE AREA GRAPHIC SCALE IN FEET N30',53'27- 0 20 40 80 w_j Evergreen Virginia, LL{. Agenda Item 7 JPRN>PosEu auaoNc = PORSCHE : +r+ ::-•••••��• -- <- >' - DEALERSHIP REDEVELOPMENT - STREET CLOSURE ��• \ CONCEPT PLAN O/y� ,+� �, �• \r, y+' � I PREPARED FOR DOSTING SIDEWALX DATIdI CHECKERED FLAG J . CHECKERED BEACH,VIRGINIA 2 dd s � PROPOSED SIDEWALX \ tr POWER POLE TO F-REMAIN IN RIGHT--OF-WAY L ANDSrAPE t BUFFER — t�1 �LNG MOVED PROPOSED PROPERTY LINE' Yip — — EXISTING PROPERTY LINE — — r PROPOSED 24" RCP r •- � 1r --- � ... ..:.......a•. • PROPOSED SDEMGLK _ \ \ 3r PROPOSED STORM MANHOLE \ 4 L � .R R.R.eRR.ew 1r LNgSCAPE \ ..no�eu,s.Xo wnosRla rR=wmw, Qjth BUFFER r/ EASTWG BUILDING m � \ \ DATE < \ \ / 12/14/2023 (DDo (D + M t'BT Kimley*Horn D G Y ZC23 gNLC—XORN A 9 AS90gA E5.INC. (D Do 1'w \ �• Y aawrnwt.bgwr RRh Lb amwpY aw aaYyY Nwanlb ywMn.„a RWunwt el wrvw,Y YMwa tiY 4 R.a YYaRN Mwa w aYn M n'n R wy Y�nr nww e1 ma Inge,w nlRmw w 1RY awwnwl Rbxu1 wxM MbRww an�. a aawlNlm Oy Nwpy-Ikm ma MwsNR me.MI b NInw1 MIRY N IIM,�Hwn ma nwMaY,.me rD r (D r 01 V n ; �awttcKtwro riwo �, , e E s, l Site Photos loom f nm MIN low* � Evergreen Virginia, L.L.C. Agenda Item 7 Page 7 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 EVERGREEN VIRGINIA,L.L.C. Does the applicant have a representative? 0 Yes ❑NO • If yes,list the name of the representative. KYLE D.KORTE&BILLY GARRINGTON 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) WINNER'S PROPERTIES,LLC,MEMBER OF EVERGREEN VIRGINIA,LLC MEMBERS OF WINNERS PROPERTIES,LLC: STEPHEN M.SNYDER,BENJAMIN M.SNYDER,WILLIAM E.SNYDER • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity"relationship with the applicant. (Attach a list if necessary) SEE ATTACHED EXHIBIT W' '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. ""Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 1 P a g e Evergreen Virginia, L.L.C. Agenda Item 7 Page 8 Disclosure Disclosure Statement Planning&Community Development ��i•.rrnl''''"s 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? N/A Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ®Yes ❑No . If yes,Identify the financial institutions providing the service. TOWNEBANK 2. Does the applicant have areal estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ®No • If yes,identify the company and individual providing the service. N/A 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes .NO . If yes,identify the firm and individual providing the service. N/A 4. Does the applicant have services from an architect/landscape archltect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No . If yes,identify the firm and individual providing the service. COVINGTON HENDRIX,JERRY SMITH 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • If yes,identify the purchaser and purchaser's service providers. N/A Revised 11.09.2020 2 1 P a g e Evergreen Virginia, L.L.C. Agenda Item 7 Page 9 Disclosure Disclosure Statement VA3 Planning&Community ;. Development Y 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the company and individual providing the service. N/A 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. David Dallman(engineer)w/KIMLEY-HORN(757)548-7376&Seyler Robertson(surveyor)w/MAS-LD(757)65GA205 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. WOLCOTT RIVERS P.C.,KYLE D.KORTE 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 Date Is the applicant also the owner of the subject property? M Yes ❑NO • If yes,you do not need to fill out the owner disclosure statement. • • that pertains to the applications ® NocUngasasof D8te 1/30/2024 1signature "Marchelle L.Coleman Revised 11.09.2020 3 (P a g e Evergreen Virginia, L.L.C. Agenda Item 7 Page 10 Disclosure Exhibit A List of Winner's Properties,LLC Affiliated Entities • CHECKERED FLAG MOTOR CAR COMPANY,INC. • CHECKERED FLAG STORE#1,L.L.C. • CHECKERED FLAG STORE#2,L.L.C. • CHECKERED FLAG STORE#3,L.L.C. • CHECKERED FLAG STORE#4,L.L.C. • CHECKERED FLAG STORE#5,L.L.C. • CHECKERED FLAG STORE#6,L.L.C. • CHECKERED FLAG STORE#8,L.L.C. • CHECKERED FLAG STORE 99,L.L.C. • CHECKERED FLAG STORE#10,L.L.C. • CHECKERED FLAG STORE#11,L.L.C. • CHECKERED FLAG STORE#12,L.L.C. • EVERGREEN VIRGINIA,LLC CHECK LEASE,LLC • CAVALIER PROPERTY,LLC • PATRICK HENRY PROPERTY,LLC • CENTRAL DRIVE PROPERTY,LLC • 1801 VB BLVD,LLC • 2697 DEAN DRIVE,LLC • 4525 SOUTH BLVD,LLC • 4560 SOUTH BOULEVARD,LLC As of 0411912023 Evergreen Virginia, L.L.C. Agenda Item 7 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Evergreen Virginia, L.L.C. Agenda Item 7 Page 12 Virginia Beach Planning Commission January 10, 2024, Public Meeting Agenda Item # 7 Evergreen Virginia, LLC RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. Applicant number seven, Evergreen Virginia, LLC. Welcome. Mr. Garrington:Good afternoon. Thank you, Mr. Chairman. Ladies and gentlemen of the Planning Commission, for the record, Billy Garrington on behalf of the applicant, the applicant in this case is Evergreen Virginia, LLC, which is the checkered flag portion on 2865 Virginia Beach Boulevard. Street closure request has five conditions in the staff report. We're in total agreement with those five conditions and we appreciate you putting this on consent and we appreciate Marchelle Coleman and all her wonderful help that she always does and we just wanted to thank her for that. Ms. Cuellar: Well, thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Parks to read this item into the record. Mr. Parks: Thank you. The applicant is requesting to close a portion of North Lynnhaven Road south of Virginia Beach Boulevard as shown on the submitted street closure application. It's a total of 2,800 square feet of North Lynnhaven Road is proposed to be closed and incorporated into the adjacent commercial lot east of the property. Knowing there's no opposition or hearing any outreach and based on staffs recommendation, this is appropriate for the consent agenda. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Alright and second by Mr. Clemons, it's your day. Madam Clerk: We're going to go ahead and do a verbal vote again since the system isn't working. Mr. Anderson? Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons:Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Mrs. Estaris? Ms. Estaris: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Madam Clerk: And Chairman Alcaraz? Mr. Alcaraz: Yes. Madam Clerk: By a vote of 11 to 0, items 1, 2, 4 and 5, 6, 7, 10, and 11 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch 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. 5. If it is determined that an encroachment will be needed for the applicant's improvements to the property, an encroachment agreement shall be submitted to the Department of Public Works/Real Estate prior to the closure being finalized. 4e Al2 B2 ti B-2 \ O i P D H 1 N ® Site . Car Spa Virginia Beach I, LLC W E Property Polygons 3282 Holland Road Zoning s Building Feet 012.25 50 75 100 125 150 .Ku ei CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Car Wash Facility Expansion) for the property located at 3282 Holland Road (GPIN 1485999736). COUNCIL DISTRICT 3 MEETING DATE: February 20, 2024 ■ Background: In 1999 City Council approved a Conditional Use Permit request for operation of an Automobile Service Station, Automobile Repair Garage, and Car Wash Facility on the 1.71-acre parcel, zoned B-2, located at the intersection of Lynnhaven Parkway and Holland Road. The applicant now seeks to modify that approval to include 22 self-service vacuum stations and update the parking layout to improve vehicular circulation on-site. The proposed vacuum stations are neutral in color and complement the existing building. Half of the vacuum stations will include overhead canopies located on the interior of the site while the remaining half will be mounted onto six-foot tall posts along Holland Road. A row of evergreen shrubs will be installed to help screen the vacuum stations from the public right-of-way. ■ Considerations: The proposed self-service vacuum stations will complement existing services offered on this site. These auto-related uses are compatible with commercial centers that service the surrounding neighborhoods and communities. 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 January 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. All conditions associated with the 1999 Conditional Use Permit approval shall remain in effect and Conditions 2, 3, 4, 5, as indicated below, shall be added. 2. The site layout shall be in substantial conformance to the submitted exhibit entitled, "Concept Plan Car Spa", dated December 11, 2023, prepared by Bowman, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. Car Spa Virginia Beach I, LLC Page 2 of 2 3. Prior to the operation of the vacuum stations, a Landscape Plan shall be submitted to the Department of Planning & Community Development for review and approval. 4. The proposed row of evergreen plantings along Holland Road shall be installed at a minimum height of 3 feet and be maintained at a minimum height of 4.5- feet. 5. The proposed vacuum stations, canopies, and vacuuming equipment shall be in substantial conformance to the submitted exhibit entitled, "Car Spa Virginia Beach: Material Board", dated December 18, 2023, prepared by Randall Paulson Architects, which has been exhibited to the Virginia Beach City Council is on file in the Department of Planning & Community Development. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Department City Manager:Ikp Item Applicant & PropertyOwner Car Spa Virginia Beach 1, LLC Agenda Planning Commission Public1 2024 City Council District 3 Virginia Beach Request Modification of Conditions (Car Wash Facility Expansion) Staff Recommendation Approval ` Staff Planner f Hoa N. Dao Location f 3282 Holland Road GPIN 1485999736 i Site Size 1.71 acres �`.. r� --r '' 9'm p p AICUZ $ $ 70-75 dB DNL s 9� Watershed 1110 0, Chesapeake Bay Existing Land Use and Zoning District Car wash facility,automobile service station/B- 2 Community Business Surrounding Land Uses and Zoning DistrictsK '+ North �' � Mixed retail/B-2 Community Business South 0 Holland Road Townhouses/PD-H1 Planned Unit Development East rt ' Day-care,townhouses,vacant parcel/B-2 .a Community Business,A-12 Apartment A West <`' �. Lynnhaven Parkway/Holland Road Single-family dwellings/PD-H1 Planned Unit Development Car Spa Virginia Beach I, LLC Agenda Item 1 Page 1 Backgroundof • . • • The applicant seeks to amend the 1999 Conditional Use Permit approval and expand onsite services to include 22 self-service vacuum stations. Existing services on this 1.71-acre parcel site,zoned B-2 Community Business District, include an automated car wash facility, automotive service station,and an automobile repair garage. • Except for the addition of the vacuum stations and changes to the parking layout, no other changes are proposed. • 49 parking spaces are provided while 35 parking spaces are required, exceeding the parking requirement by 14 spaces. • The proposed vacuum stations are neutral in color and complement the existing building. Eleven vacuum stations located interior to the site include overhead canopies,while eleven vacuum stations along Holland Road are proposed to have vacuum systems mounted onto six-foot tall posts. • A row of evergreen shrubs is proposed to be installed along Holland Road to help screen the vacuum stations from the public right-of-way. • A VEPCO Easement runs parallel to Holland Road where the row of evergreen shrubs is proposed.The applicant provided a letter from Dominion Energy approving the planting of vegetation within their easement. �B� 1 ?4t$ 0 �P > Zoning History Al2 Al2 # Request P°"' sc 1 CUP(Motor Vehicle Rentals)Approved 05/17/2022 �0 2 CUP(Automobile Service Station,Automobile Repair Garage,Car Wash Facility)Approved 08/24/1999 3 LUP(Green Run)Approved 1974 m PDH1 Pefi//�� t P HI Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—ConditionalRezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental Evaluation : Recommendation The request to expand services offered onsite to include self-service vacuum stations is, in Staff's opinion, acceptable. The proposed self-service vacuum stations will complement existing services offered on this site associated with the car wash facility, automobile service station,and automobile repair garage.These auto-related uses are compatible with commercial centers that service the surrounding neighborhoods and communities. Car Spa Virginia Beach I, LLC Agenda Item 1 Page 2 Staff does not anticipate any negative impacts with the addition of the self-service vacuum stations and as such,Staff is recommending approval of the request subject to the conditions recommended below. Recommended Conditions 1. All conditions associated with the 1999 Conditional Use Permit approval shall remain in effect and Conditions 2, 3,4, 5,as indicated below,shall be added. 2. The site layout shall be in substantial conformance to the submitted exhibit entitled, "Concept Plan Car Spa",dated December 11,2023, prepared by Bowman,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. Prior to the operation of the vacuum stations, a Landscape Plan shall be submitted to the Department of Planning& Community Development for review and approval. 4. The proposed row of evergreen plantings along Holland Road shall be installed at a minimum height of 3 feet and be maintained at a minimum height of 4.5-feet. 5. The proposed vacuum stations, canopies,and vacuuming equipment shall be in substantial conformance to the submitted exhibit entitled, "Car Spa Virginia Beach: Material Board",dated December 18, 2023, prepared by Randall Paulson Architects,which has been exhibited to the Virginia Beach City Council is on file in the Department of Planning&Community Development. 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. Previous • • • from . . . CUP 1. The applicant shall reserve 15 feet(or as otherwise required by the Department of Public Works) along Lynnhaven Parkway for the future widening to six lanes. 2. At a minimum,the applicant shall install a 10 foot landscape buffer with trees and shrubs along Lynnhaven Parkway outside of the Lynnhaven Parkway reservation (as shown on the site plan,entitled, "Conditional Use Permit Plan - Car Spa -Lynnhaven Parkway and Holland Road," prepared by Langley and McDonald, P.C., dated August 12, 1999). 3. The applicant shall reserve 12 feet(or as otherwise required by the Department of Public Works) along Holland Road for the future widening of Holland Road. 4. At a minimum,the applicant shall install a 10 foot landscape buffer with trees and shrubs along Holland Road, outside of the required reservation for Holland Road. 5. A landscape plan shall be submitted with the final site plan for review and approval by Planning Department staff. Car Spa Virginia Beach I, LLC Agenda Item 1 Page 3 6. The building setbacks from the right-of-way must include the required reservations as stated in conditions 1 and 3. 7. There shall be no additional encroachment of impervious surfaces into the Resource Protection Area than what currently exists on the site.The existing impervious surfaces are indicated on a survey prepared by Charles H. Fleet &Associates, P.C., dated March 23, 1999. 8. Stormwater runoff from at least 50 percent of the impervious area (post-development) on this site shall be treated for both quality and quantity, prior to exiting the site, by the stormwater management facility. 9. The exact location of the 125 foot drainage easement located along the eastern property line must be determined an any required encroachment easements shown to be necessary based on the exact location must be obtained from the City of Virginia Beach prior to first detailed site plan review. 10. The freestanding sign to be erected on the Property shall be constructed in monument style with a brick base matching the brick on the buildings depicted on the Sketch Plan. 11. The architectural design, building materials,colors,and site layout shall be substantially in keeping with the color elevation drawings by Lyall Design Architects,entitled, "Car Spa," dated August 13, 1999, and the site plan, entitled, "Conditional Use Permit Plan -Car Spa-Lynnhaven Parkway and Holland Road," prepared by Langley and McDonald, P.C., dated August 12, 1999. 12. The freestanding sign to be erected on the Property shall be constructed in monument style with a brick base matching the brick on the buildings depicted on the color elevation drawings described in Condition#10. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality, and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type,size, intensity and relationship to the surrounding uses. The request for modifications is seen as reasonable for Comprehensive Planning, especially the improvement in circulation. Furthermore,to continue the improvement of circulation and access,there should be clearly marked and visible crosswalks for pedestrians. Bicycle racks should be posted near the building to encourage multimodal transportation for primarily employees as this is an automobile service station.Wherever possible, it is recommended to boost landscaping amenities through using native species around the site as natural screening from the road and to boost the overall aesthetic of the property. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed.A portion of this site is located in the Resource Protection Area,the most stringently regulated portion of the Chesapeake Bay Preservation Area. No development is proposed in this portion of the site.There do not appear to be any significant cultural resources associated with the site. Car Spa Virginia Beach I, LLC Agenda Item 1 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Parkway 34,200 ADT' 55,500 ADT 1(LOS°"D") Existing Land Use z—500 ADT Holland Road 31,500 ADT' 32,700 ADT 1(LOS°"D") Proposed Land Use 3—500 ADT 1Average Daily Trips gas defined by an automated 3as defined by an automated car 4 LOS=Level of Service car wash facility wash facility Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Holland Road is considered a four-lane divided minor urban arterial.The Master Transportation Plan shows an ultimate six-lane facility. Lynnhaven Parkway in the vicinity of this application is considered a six-lane divided major urban arterial. The existing infrastructure currently resides in a 95 foot right-of-way. The Master Transportation Plan proposes a six-lane facility within a 165 foot right-of-way. There are no roadway Capital Improvement Program projects slated for this area. Public Utility Impacts Water& Sewer The property is connected to City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 11, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, December 27,2023 and January 3, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 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 January 4,2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Tuesdays, February 6, 2024 and February 13, 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 February 5, 2024 Car Spa Virginia Beach I, LLC Agenda Item 1 Page 5 • 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 February 16, 2024. Car Spa Virginia Beach I, LLC Agenda Item 1 Page 6 �laW 1 SlCWY YTD) �� K SRMr Mq'Cf \ ' rcw<989 .wHul.as. m� C� J CLRP CUp ' � (MAGfLS9BC,' • �Kf1 X .93M p� >ANCQ CAR�91 mNSNS7' 1 r .w5(SQ=511 t WAc t AMA o�f+AP"1l // re'� a J �• j \ n ALMS Cx 14N0 SD .� MNM•NSf+J �.� +HFi'a PROPOSED VACUUM 4. wHtl-3 J9 �O -� a'HsrN659 •MSYM'AlIP AJf IT STATIONS W/ �' `� m Mwi � CANOPIES (11) • EXISTING CAR WASH fr jwtl6sf 4 ,. = ■ r ,e w 5r ■� ma SERVICE STATION Ir 9K .Ad■,... n QM■KF7 4 M 2 M CANAgN OT(11►�RfR l 1� r _. `L � r � � . VACUUM/R 0 J5 TAT 10 N S 0 M(NMM/xtl Ml �( n' y y y v b7-1 , POSTS (11) L : L_wOv I MS,.�ASE 11P _.. W R E OEYD o.S• st'_ '..- —" !� wM b roIt r2M M 39I h-f c � � �"—CUt WIILY QIIRR [M11M:•� fry -n6 ISPIACm BY P5 R •REPIAACE/D E>hAWEEM 40■Y) ld p CQMUTA'mfr igpl A /�■•1�■■Coosr i+olh�aK■ ■ UQ HOLLAND ROAD C � � � n Proposed Renderings FI k r t � s r xe e .. k Agenda Item I K CAR WASH FABRIC CANOPY (NATURAL COLOR) { n v CAR SPA VIRGINIA BEACH:MATERIAL BOARD N !�P A U L S D M (AR Sfl:. VIANNIA,VA I RVA MR N 7(1>;7NI.IR) IM812W4 WA1 F ao D � rD W rD ni n ED fD — rD rD r y. i, -r5 ro Site Photos AW- ow I n= _ _ Car Spa Virginia Beach I, LLC Agenda Item 1 Page 10 _ � b c �4 n, Site Photos u Car Spa Virginia Beach I, LLC Agenda Item 1 Page 11 Disclosure Disclosure Statement X Unyttfl'in r6a Pasch 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 Ear Spa, t4° - Car Spa Virginia Beach I,LLC Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. Bowman Consulting Group Ltd. 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) Ana -__ u,►� nt� -- -- • 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. 1"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 P a g e Car Spa Virginia Beach I, LLC Agenda Item 1 Page 12 Disclosure Disclosure Statement ('ily,f{'irpinia Ni�ii Planning&Connnunity Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No • If yes,what Is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross•collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be.operated on the property? ❑Yes R 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 N 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. Randall Paulson Architects Marcus Mello 5. Is there any other pending or proposed purchaser of the subject properly?❑Yes NI No • If yes,identify the purchaser and purchasers service providers. Revised 11.09.2020 2 1 P a!'c Car Spa Virginia Beach I, LLC Agenda Item 1 Page 13 Disclosure Statement Disclosure Statement [lily ref 15ryinirr Itr,r.i: 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 N 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 Bowman-Brett Hammonds 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. ApplcantSignature Bruce A Bender Chief Operating Officer Print Name and Title _ 1/3 241)2.3 Date Is the applicant also the owner of the subject property? ®Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications Q 7 No changes as of Date 1 01.30.2024 signature Print Ntrm• Hoa N.Dao Revised 11.09.2020 3 1 P I �' Car Spa Virginia Beach I, LLC Agenda Item 1 Page 14 Next Steps I • 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. Car Spa Virginia Beach I, LLC Agenda Item 1 Page 15 Virginia Beach Planning Commission January 10, 2024, Public Meeting Agenda Item # 1 Car Spa Virginia Beach I, LLC RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you, Mr. Chairman. Today we have eight items on the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred, and there are no speakers signed up in opposition. We'll begin with item number one, Car Spa, Virginia Beach, LLC. Is there a representative today for this item? Could you please come forward? Welcome. Mr. Hammons: Good afternoon. Ms. Cuellar: Could you please state your name for the record? Mr. Hammons: Brett Hammons. Ms. Cuellar: Thank you very much, and are all the conditions acceptable to you? Mr. Hammons: Yes ma'am. Ms. Cuellar: Great. Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Anderson to read this item into the record. Mr. Anderson: Okay, thank you. This applicant seeks to amend 1999 conditional use permit approval and expand onsite services to include 22 self-service vacuum stations. Existing services on this 1.71 acre parcel site, zoned B-2 Community Business District include an automated car wash facility, automated service station and an automobile repair garage. With no objections, we have put it on consent. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Alright and second by Mr. Clemons, it's your day. Madam Clerk: We're going to go ahead and do a verbal vote again since the system isn't working. Mr. Anderson? Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons:Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Mrs. Estaris? Ms. Estaris: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Madam Clerk: And Chairman Alcaraz? Mr. Alcaraz: Yes. Madam Clerk: By a vote of 11 to 0, items 1, 2, 4 and 5, 6, 7, 10, and 11 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. All conditions associated with the 1999 Conditional Use Permit approval shall remain in effect and Conditions 2, 3, 4, 5, as indicated below, shall be added. 2. The site layout shall be in substantial conformance to the submitted exhibit entitled, "Concept Plan Car Spa", dated December 11, 2023, prepared by Bowman, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. Prior to the operation of the vacuum stations, a Landscape Plan shall be submitted to the Department of Planning & Community Development for review and approval. 4. The proposed row of evergreen plantings along Holland Road shall be installed at a minimum height of 3 feet and be maintained at a minimum height of 4.5-feet. 5. The proposed vacuum stations, canopies, and vacuuming equipment shall be in substantial conformance to the submitted exhibit entitled, "Car Spa Virginia Beach: Material Board", dated December 18, 2023, prepared by Randall Paulson Architects,which has been exhibited to the Virginia Beach City Council is on file in the Department of Planning & Community Development. 12 ZO mN _ ck_ a---- N ® Site - . - - C the Jems, LLC W E Property Polygons Zoning 2625 Horse Pasture Road S Building Feet 0 1530 60 90 120 150 180 �•"u S � sa CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] Modification of Proffers to a Conditional Rezoning (Amend Proffers from 2004) and Conditional Use Permit (Bulk Storage Yard — Tow Lot) for the property located at 2625 Horse Pasture Road (GPIN 1495656521). COUNCIL DISTRICT 5 MEETING DATE: February 20, 2024 ■ Background: The 2.44 acre parcel zoned 1-1 Light Industrial is part of the Taylor Farm Commerce Park was conditionally rezoned in 2002 and amended in 2004. The applicant seeks to modify the 2004 amended proffers to allow vehicular parking and outdoor storage to be located between the building and Dam Neck Road. The remaining parcels in this Commerce Park will remain subject to the 2002 and the amended 2004 proffers. In conjunction with this request, the applicant also seeks a Conditional Use Permit to construct and operate a tow/impound lot for motor vehicles, which is classified as a Bulk Storage Yard in the Zoning Ordinance. The development includes a 300 square foot office building which will conform to the original and amended proffers for building design and materials. ■ Considerations: The Planning Commission concurred with Staff, finding the request for a bulk storage yard to store motor vehicles outdoors within the Taylor Farm Commerce Park to be acceptable. As proposed, the storage yard will not be visible from Dam Neck Road; it will be screened by an eight-foot privacy fence with Category VI landscaping. In addition, the bulk storage yard is proposed to be setback 164 feet from Dam Neck Road with an existing 50-foot wide landscape buffer running parallel to Dam Neck Road. Stormwater runoff from the proposed building and storage yard will be collected into an underground detention system that will treat for both water quality and water quantity before discharging into the existing public wet pond to the south. 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 these requests. C the Jems, LLC Page 2 of 3 ■ Recommendation: On January 10, 2024, the Planning Commission passed a motion to recommend approval of these items on the Consent Agenda, by a recorded vote of 11-0. Modification of Proffers: Proffer 1: Subsection "g" of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk's Office as Instrument Number 200409220151888 is hereby modified and replaced with the following: g) No onsite vehicular parking, outdoor storage, loading docks, or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road unless the use is setback no less than 140 feet from Dam Neck Road and screened by Category VI Landscape Buffer. Proffer 2: Except as expressly modified herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended Proffer are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through the Grantor. Conditional Use Permit: 1. Development of the site shall be in substantial conformance to the submitted exhibit entitled, "Preliminary Layout for Affordable Towing Storage Yard", dated October 16, 2023, prepared by CECS, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 2. When developed, the office building shall be in substantial conformance to the submitted exhibit entitled, "2625 Horse Pasture Rd Elevations", dated December 1, 2023, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 3. The fencing shall be installed at a minimum height of 8 feet, earth-tone in color, and be of a maintenance-free material approved by the Planning Director. 4. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be submitted for review and approval by the Department of Planning and Community C the Jems, LLC Page 3 of 3 Development. Outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:M9 Applicant C the Jems, LLC Agenda Items Property Owner Jonathan Properties, LLC Planning Commission Public1 2024 I (if if V"/ B City Council District 5 Virginia Beach Requests #4- Modification of Proffers (Amend Proffers from 2004) #5-Conditional Use Permit (Bulk Storage Yard—Tow Lot) CIA e`c Staff Recommendation Approval A nvv� m Staff Planner Hoa N. Dao Location 2625 Horse Pasture Road GPIN 1495656521 Site Size 2.44 acres AICUZ Greater than 75 dB DNL;APZ-1 Watershed Southern Rivers Existing Land Use and Zoning District Vacant lot/1-1 Light Industrial Surrounding Land Uses and Zoning Districts io'n North Horse Pasture Road Office/warehouse/1-1 Light Industrial South Dam Neck Road Single-family dwellings, cultivated field/AG-1 Agricultural i East 4 ' Office/warehouse/1-1 Light Industrial I West j Office/warehouse/1-1 Light Industrial ,a C the Jems, LLC Agenda Items 4& 5 Page 1 ' Background of • • • • The subject site is located within the Taylor Farm Commerce Park and was rezoned to Conditional 1-1 Light Industrial on May 14, 2002. In 2004,the proffers were amended to require a minimum side yard setback of 30 feet for lots that abut Dam Neck Road. • The applicant seeks a Modification of Proffers to amend Subsection G of Proffer 2 from the 2004 amended proffers to allow vehicular parking and outdoor storage to be located between the building and Dam Neck Road.The amendment to Subsection G will only be applicable to this parcel.The remaining parcels in this Commerce Park will remain subject to the 2004 amended proffers. In conjunction with this request,the applicant also seeks a Conditional Use Permit to construct and operate a tow/impound lot for motor vehicles,which is classified as a Bulk Storage Yard in our Zoning Ordinance. • The property is located within the greater than 75 dB DNL and APZ-1 of the AICUZ.The proposed use of a tow lot is compatible within both the noise and accident potential zones. • The development includes a 300 square foot office building consisting of wood or cement siding, architectural asphalt shingles,vinyl clad windows, and shutters. • Parking surfaces are required to be constructed of concrete, asphalt,or of a suitable material approved by the Planning Director per Section 203(b)(5).The applicant seeks to be allowed to use gravel as a parking surface. ' @ !iz A02 .,,.°N�M• It n AG2 -��-.—�D��o Zoning History 4 # Request 12 a 1 MDP Approved 02/15/2022 J 2 MDP Approved 05/18/2021 uReQ° 3 CUP(Craft Brewery)Approved 03/20/2018 4 CUP(Bulk Storage Yard)Approved 07/02/2013 CRZ(AG-1&AG-2 to Conditional 1-1)Approved 01/11/2005 °"MNecK� 5 MDP Approved 09/14/2004 CRZ(AG-1&AG-2 to Conditional 1-1)Approved 05/14/2002 z iz 6 CUP(Outdoor Recreational Facility)Approved 09/23/1997 � AGt 6 AGt �'�� Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternativecompliance STR—Short Term Rental Evaluation • • • In Staffs opinion,the applicant's request for a bulk storage yard to store motor vehicles outdoors within the Taylor Farm Commerce Park is acceptable.The storage yard will be screened by an eight-foot privacy fence with Category VI landscaping. In addition,the bulk storage yard is proposed to be setback 164 feet from Dam Neck Road. Furthermore, there is an existing 50-foot wide landscape buffer running parallel to Dam Neck Road and an stormwater management pond that will further screen the site from Dam Neck Road. C the Jems, LLC Agenda Items 4& 5 Page 2 Through Section 203(b)(5)of the Zoning Ordinance,the applicant seeks to utilize gravel as an alternative parking surface for the bulk storage area.The Planning Director has considered and approved the use of gravel as an alternative parking surface for this use. As the site drains into the Southern Rivers Watershed,a conceptual stormwater management strategy was submitted and reviewed by Staff. Staff agrees it can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. As proposed,the storage yard will be well-screened from the public right-of-way. Based on these considerations, Staff recommends approval of these requests subject to the proffers and conditions listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Subsection "g"of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk's Office as Instrument Number 200409220151888 is hereby modified and replaced with the following: g) No onsite vehicular parking, outdoor storage, loading docks, or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road unless the use is setback no less than 140 feet from Dam Neck Road and screened by Category VI Landscape Buffer. Proffer 2: Except as expressly modified herein,with respect to the Property,all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended Proffer are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through the Grantor. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. Development of the site shall be in substantial conformance to the submitted exhibit entitled, "Preliminary Layout for Affordable Towing Storage Yard", dated October 16, 2023, prepared by CECS,copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning&Community Development. 2. When developed,the office building shall be in substantial conformance to the submitted exhibit entitled, "2625 Horse Pasture Rd Elevations",dated December 1, 2023,copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning&Community Development. 3. The fencing shall be installed at a minimum height of 8 feet, earth-tone in color,and be of a maintenance-free material approved by the Planning Director. C the Jems, LLC Agenda Items 4&5 Page 3 4. The final stormwater management plan submitted to the Development Services Center(DSC)shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. 5. Prior to final site plan approval,a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended,shall be submitted for review and approval by the Department of Planning and Community Development. Outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 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. 114 Amended Proffers 1. Proffer numbered "2" is amended to read: The parcels shall be subject to the following mandatory site development guidelines: a) A fifty-foot(50') landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. b) A twenty-foot (20) landscape setback from London Bridge road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. c) A minimum fifty-foot(50') building setback shall be required from London Bridge Road. d) A minimum thirty-foot(30')side yard building setback shall be required on those lots with a rear property line which abuts Dam Neck Road. e) A minimum fifteen foot(15')side yard building setback shall be required on those lots which do not have a property line abutting Dam Neck Road, provided a ten foot(10')wide Category II Landscape Buffer is maintained along the entire length of the side property line from which the fifteen foot(15')setback is measured. f) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the"SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK",dated March 15, 2002 which are included in the Deed Restrictions described in Proffer number 3. g) No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road. h) No building shall exceed forty-five feet(45') in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, concrete panel,stone,wood, EIFS, or metal and shall be an earth- tone color or colors.The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which are visible from Dam Neck Road shall be either brick,split face block or stone."The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA). C the Jems, LLC Agenda Items 4&5 Page 4 2002 • 1. When the Property is developed, it shall be developed into no more than fourteen (14) parcels substantially as shown on the exhibit entitled "TAYLOR FARM CORPORATE PARK SITE PLAN Virginia Beach,Virginia",dated 03/11/02 and prepared by Spectra Group,which has been exhibited to the Virginia Beach City WOMACK—CHAPPEL Agenda Item#19 Page 3 Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan"). 2. The parcels shall be subject to the following mandatory site development guidelines: a) A fifty-foot(50') Landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. b) A twenty-foot(20') Landscape setback from London Bridge Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. c) A minimum fifty-foot(50') building setback shall be required from London Bridge Road d) A minimum thirty-foot(30')side yard building setback and rear yard building setback(on non-through lots)shall be required. e) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the"SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK" dated March 15,2002 which are included in the Deed Restrictions described in Proffer#3. f) No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on any parcel adjacent to Dam Neck Road. g) No building shall exceed forty-five feet(45') in height and the primary exterior surface of all buildings shall be either brick,split face block, painted block,concrete panel, stone,wood, EIFS or metal and shall be an earth- tone color or colors.The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which is visible from Dam Neck Road shall be either brick, split face block or stone. 3. When the property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions("Deed Restrictions") administered by a mandatory membership Property Owners Association. In addition to the requirements set forth herein,the Deed Restrictions shall include Articles requiring mandatory assessments for maintenance of the landscape buffers and entrance features as well as Architectural Controls.The Deed Restrictions have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 4. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Comprehensive • • . • The subject property is located within the South Oceana Special Economic Growth Area (SEGA),which the Comprehensive Plan identifies as having significant economic value and growth potential. Developments along key roadways are desired to have attractive and high-quality architectural building materials and designs.This particular portion of the SEGA is designated for a mix of light industrial, low-rise office, and limited retail use. As such,the proposed bulk storage yard would be considered a compatible use. C the Jems, LLC Agenda Items 4&5 Page 5 ImpactsNatural & Cultural Resources The site is within the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils,and high-water surface elevations in downstream receiving waters. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use"-0 ADT Horse Pasture Road No Data Available 9,900 ADT 1(LOS°"D") Existing Zoning lb-182 ADT Proposed Land Use 3—No Data Available 1 Average Daily Trips 2a as defined by a vacant lot 3 No information available in the 4 LOS=Level of Service ITE Trip Generation Manual for a zb as defined by a 2.44-acre tow lot parcel zoned 1-1 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Horse Pasture Road is considered a two-lane collector roadway.There are no CIP roadway projects planned for this area. Stormwater • Project Stormwater Design Staff Summary This project consists of a storage yard for towed vehicles. In addition to the storage yard,this project will include a small building, and an underground stormwater management facility to support the proposed development. Stormwater runoff from the site currently sheet flows in two directions,towards the public wet pond to the south, and towards the drainage ditch to the west. Stormwater runoff from the proposed building and storage yard will be collected into an underground detention system that will treat for both water quality and water quantity before discharging into the existing public wet pond to the south. The purchase of offsite nutrient credits will be utilized for any remaining water quality pollutant load reduction requirements not treated by the underground detention system. Based on the information provided by Civil Engineering and Construction Services in the Preliminary Drainage Study,the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area:0.76 acres Pre-Development impervious area: 0.03 acres Post-Development impervious area:0.55 acres Stormwater Management Facility Design Information Type of facility proposed: Underground Detention C the Jems, LLC Agenda Items 4&5 Page 6 Description of outfall:Stormwater runoff from the site that enters into the Stormwater Management Facility will discharge into an onsite public storm pipe that discharges into the existing public pond.. Downstream conveyance path:This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains from the onsite pond into a large public drainage ditch,which crosses south under Dam Neck Road,then into West Neck Creek,through the North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Public Utility Impacts Water&Sewer City water and sanitary sewer services are available for connection.There is a 10-inch City water main and an 8-inch City sanitary sewer gravity main along Horse Pasture Road. ' Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 11, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, December 27, 2023 and January 3, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 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 January 4,2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Tuesdays, February 6, 2024 and February 13, 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 February 5, 2024 • 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 February 16, 2024. C the Jems, LLC Agenda Items 4&5 Page 7 Proposed Site Layout II I I 'I 4 00 . X000 s 1 l ! �\ \\ / � 6 R - ------- _ __-_ __ - -------------------------- C the Jems, LLC Agenda Items 4& 5 Page 8 --CHARCOAL BLACK ARCHITECTURAL ASPHALT SHINGLES& BLACK FACIA r ROOr A ::. .. . .. ... ,� 9'-0" I I� i- 4 ' First Floor A ,5.-�.. 15 a, 0._0.. WHITFALUMNUM WHRF ROARn ANO BATTFN CUTTERA DO"S"C' •WOOCEN OR CEMENT SIDING 4 NORTH ELEVATION 3 SOUTH ELEVATION 1/4"=1'.0" 114"=1'-0" Rod Ajr o W a a y Z _ Q § ^:.., First Floor s w BLACK VINYL CLAD WINDOW FIBERGLASS ODOR a-0" ,II1L WITH BLACK VINYL SHUTTERS WITH GLASS AO f / 2(r-0' / TYPICAL JEMS LLC 2-EAST ELEVATION .WEST ELEVATION ,mlr2023 - 1/4"=T-V - 1/4"=1'-0" D rD n � rH r+ m rD 9 Site • • j Will Xm x, i II r yyni � rc'. r_r C the Jems, LLC Agenda Items 4 & 5 Page 10 Disclosure Disclosure Statement 01y4i1T,mF_,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 C the Jems,LLC Does the applicant have a representative? N 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) Stacie Lanee Sawyers&Jonathan Mark Sawyers,Members&Managers • 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. z"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I C the Jems, LLC Agenda Items 4 & 5 Page 11 Disclosure Statement Disclosure Statement City O`ownia Noxh r � Planning&Community 4 v R Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ®No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reaftor for current and anticipated future sales of the subject property? ®Yes ❑No • If yes,identify the company and individual providing the service. Stacie Sawyers,Wainwright Real Estate 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. Zukerman&Associates 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 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 N NO • If yes,identify the purchaser and purchaser's service providers. 21 C the Jems, LLC Agenda Items 4& 5 Page 12 Disclosure Disclosure Statement C'isy cy'i'^rinw tiaxfi Planning&Community 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. Applicant 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. Robert Sawyer/Sam Baraki,CECS 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. Robert Roussos,Esq. Applicant Slanature 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 tonne ion with this application. C the JEMS,LLC By. Applicant Signature Jonathan Mark Sawyers,Manager Print Name and Title Date Is the applicant also the owner of the subject property? ❑Yes 0 NO • If yes,you do not need to fill out the owner disclosure statement. that pertains to the applications ® No changes as of I rate 02.01.2024 signature Print Name Hoa N.Dao C the Jems, LLC Agenda Items 4& 5 Page 13 Disclosure Disclosure Statement 0!U of 1*..9—h ,. Planning&Community Development Owner Disclosure Owner Name Jonathan Properties,LLC Applicant Name C the 1ems,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?UI Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jonathan Guion,Sole Member/Manager If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes N 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, 5 � C the Jems, LLC Agenda Items 4 & 5 Page 14 Disclosure Disclosure Statement Ciro at r'u4udn Rm3. w Planning&Community , 'p Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the company and individual providing the service. Jonathan Commercial Properties:Jonathan Guion,Broker 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 E 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 N 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 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 ®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. 6 C the Jems, LLC Agenda Items 4&5 Page 15 Disclosure Disclosure Statement Oig Of V,,yb-11—h ., Planning&Comm Development; 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing legal the service. Coleman&Coleman,P.C. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. i Jonathan Properties,LLC By: Owner Signature — Jonathan Guion,Manager/Sole Member Print Name and Title, To i,.4CZ le-,,-o•.;23 Date Reused 11 04 1010 7 1 r C the Jems, LLC Agenda Items 4 & 5 Page 16 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. C the Jems, LLC Agenda Items 4& 5 Page 17 B�4C 04 G� s CITY OF VIRGINIA BEACH ° INTER-OFFICE CORRESPONDENCE f V 1 = O ?i J Op OUR NPt SONS In Reply Refer To Our File No. DF-11133 DATE: February 9, 2024 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Jonathan Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 20, 2024. 1 have reviewed the subject proffer agreement, dated December 5, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: City Manager AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS JONATHAN PROPERTIES, LLC,a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 5th day of December, 2023,by and between JONATHAN PROPERTIES,LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in District #5 of the City of Virginia Beach, containing approximately 2.441 acres and described in Exhibit"A"attached hereto and incorporated herein by this reference (the"Property"); and WHEREAS,the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by Petition addressed to the Grantee so as to modify a condition applicable to the Property that is zoned Conditional 1-1 Industrial District; and WHEREAS, the Grantor has requested the Grantee to permit this modification of the Proffered Covenants,Restrictions and Conditions dated January 14,2002,and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Deed Book 4698,at Page 0794 (hereinafter "Original Proffers") as amended by FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS dated April 30, 2004 and recorded in the afore referenced Clerk's Office as Instrument Number 200409220151888 (hereinafter"2004 Amended Proffer") applicable to the Property; and GPIN: 1495-65-6521-0000 PREPARED BY: Prepared By: R.Edward Bourdon,Jr.,Esq.,VSB#22160 SYKLS.BOURDON, Sykes,Bourdon,Ahern&Levy,P.C. ANERNN&LLVY.P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed proffer modification, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's proffer modification application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,the following amendment to the previously proffered conditions related to the physical development, operation, and use of the Property to be incorporated as a part of the previously adopted amendment to the Zoning Map applicable to the Property. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or -quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended and modified declaration of covenants, conditions and restrictions governing the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors,personal representatives,assigns,grantees,and other successors in interest or title: 1. Subsection "g)" of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk's Office as Instrument Number 200409220151888 is hereby modified and replaced with the following: g) No onsite vehicular parking, outdoor storage,loading docks,or loading PREPARED BY: areas shall be permitted between Dam Neck Road and any building on a parcel �SYKES,ROURDON, adjacent to Dam Neck Road unless the use is setback no less than 140 feet from Dam AHERN&LEVY.P.C. Neck Road and screened by Category VI Landscape Buffer. 2 2. Except as expressly modified herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended Proffer are ratified, affirmed and remain binding upon the Property and upon any party holding title under,by or through the Grantor. All references hereinabove to the I-1 Industrial Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, PREPARED BY: SYK£S.BOURDON, and (b) to bring legal action or suit to insure compliance with such conditions, including AHERN&LEVY.P.C. 3 mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: SYKES.BOURDON, ANERN&LEVY.P.0 4 WITNESS the following signature and seal: Grantor: Jonathan Properties, LLC, a Virginia lim d liability company By: (SEAL) an G ' Member/Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this Sth day of December, 2023, by Jonathan Guion, Sole Member/Manager of Jonathan Properties, LLC, a Virginia limited liability company, Grantor. h� Notary Public My Commission Expires: August 31, 2 02-3'Z6 ��•��,�P•f�%y ��'• Notary Registration Number:192628 `��QrG(�MMp�, 0 C) Z 0 9? O % '��'pf•'9�/NIA � PREPARED BY: SYKES. BOURDON, ABERN&LEVY.P.C. 5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND,WITH ALL IMPROVEMENTS THEREON AND THERETO BELONGING, LYING AND BEING IN THE CITY OF VIRGINIA BEACH, VIRGINIA, KNOWN AS PARCEL 1-A, TAYLOR FARM COMMERCE PARK, CONTAINING 2.4407 ACRES, AS SHOWN ON A RESUBDIVISION PLAT ENTITLED"RESUBDIVISION OF LOTS 1&2 TAYLOR FARM COMMERCE PARK, PROPERTY OF WOMACK CHAPPELL, LLC, A VIRGINIA LIMITED LIABILITY COMPANY, VIRGINIA BEACH, VIRGINIA" AND PREPARED BY THE SPECTRA GROUP, DATED 11/13/07,AND RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,VIRGINIA,AS INSTRUMENT NUMBER 20080318000301140, REFERENCE IS HEREBY MADE TO SAID PLAT FOR MORE PARTICULAR DESCRIPTION OF THE PROPERTY, GPIN: 1495-65-6521-0000 H:\AM\—Mod of Proffers\—C the JEMS\Amended Proffer.docx PREPARED BY: SYKES.BOURDON, AHERN&LEVY.P.C. 6 Virginia Beach Planning Commission January 10, 2024, Public Meeting Agenda Items # 4 & 5 C the Jems, LLC RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. Application number four and five C the Jems, LLC and Jonathan Properties, LLC. Welcome back. Mr. Bourdon: Thank you, Ms. Cuellar. Again, for the record, Eddie Bourdon, Virginia Beach Attorney representing both applicants as well as I also have consent from the owner of the industrial park, Ms. Chapel. The application, the modification of proffers is acceptable to both the applicant and Jonathan Properties, the owner of the property. I want to put that in the record and the five conditions as recommended by staff are acceptable to C the Jems, LLC, Mark Sawyer's. The principal is here in attendance this afternoon and appreciate again was efforts and those on the Commission for putting on the consent agenda. Thank you. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Plumlee to read this into the record. Mr. Plumlee: Yes, thank you. This application is for 2625 Horse Pasture Road, where the applicant seeks to modify proffers to amend subsection G from 2004 to allow for vehicular parking outdoor storage to be located. The remaining part of the parcel will remain subject to the aforemended proffers. The applicant also seeks a conditional use permit to construct an operated toe and pound lot for motor vehicles classified as a bulk storage yard in our zoning ordinance. Because of the excellent work of the council for the applicant, the applicant and our wonderful planning staff. There have been no objections to this application and therefore it's suitable for the consent agenda. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Alright and second by Mr. Clemons, it's your day. Madam Clerk: We're going to go ahead and do a verbal vote again since the system isn't working. Mr. Anderson? Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons:Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Mrs. Estaris? Ms. Estaris: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Madam Clerk: And Chairman Alcaraz? Mr. Alcaraz: Yes. Madam Clerk: By a vote of 11 to 0, items 1, 2, 4 and 5, 6, 7, 10, and 11 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE PROFFERS: Proffer 1: Subsection "g" of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk's Office as Instrument Number 200409220151888 is hereby modified and replaced with the following: g) No onsite vehicular parking, outdoor storage, loading docks, or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road unless the use is setback no less than 140 feet from Dam Neck Road and screened by Category VI Landscape Buffer. Proffer 2: Except as expressly modified herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended Proffer are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through the Grantor. CONDITIONS: 1. Development of the site shall be in substantial conformance to the submitted exhibit entitled, "Preliminary Layout for Affordable Towing Storage Yard", dated October 16, 2023, prepared by CECS, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 2. When developed, the office building shall be in substantial conformance to the submitted exhibit entitled, "2625 Horse Pasture Rd Elevations", dated December 1, 2023, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 3. The fencing shall be installed at a minimum height of 8 feet, earth-tone in color, and be of a maintenance-free material approved by the Planning Director. 4. The final stormwater management plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be submitted for review and approval by the Department of Planning and Community Development. Outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. i 1 LI I Q R7.5 �.5 � ,�e U7.5 Je i \ 0 e Revere Drive co _J ele00, o01 0, r ,O N ® Site City of Virginia Beach W Property Polygons 4549 Revere Drive S QZoning Building Feet 0 1530 60 90 120 150 180 r �Hw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5 Residential to P-1 Preservation) for the property located at 4549 Revere Drive (GPIN 1475378501). COUNCIL DISTRICT 1 MEETING DATE: February 20, 2024 ■ Background: This request is for a Rezoning from R-7.5 Residential to P-1 Preservation District. The property is located along Revere Drive, within the Salem Woods neighborhood. The site currently serves as a neighborhood park with open green space, a parking lot, and maintenance building. The parcel was previously owned by the Salem Woods Civic Association. For financial reasons, the neighborhood dedicated the park to the City of Virginia Beach in July of 2020. The conveyance was made conditionally requiring the City to rezone the parcel to P-1 Preservation within two years of the date of the deed. While the City missed the original deadline, the civic association was willing to provide the City an additional two years to complete the agreement. ■ Considerations: The proposed use is, in staffs opinion, acceptable, as the property's use as a neighborhood park will not change and any park improvements to the site will not change the character of the neighborhood. The applicant intends to use the site as a passive park that is open to the public. Future park improvements including equipment, park benches, and walkways will be dependent on funding. 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 January 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Conveyance Deed to City - 2020 City of Virginia Beach Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:ft Applicant & Property Owner City of Virginia Beach Agenda Item Planning Commission Public1 2024 CouncilCity it Virginia Beach Request Rezoning(R-7.5 Residential to P-1 Preservation) Staff Recommendation Approval Staff Planner Michaela McKinney Location 4549 Revere Drive GPIN `- t 1475378501 Site Size 1.70 acres 2 AICUZ Less than 65 dB DNL Watershed r-�t Southern Rivers Existing Land Use and Zoning District Park/R-7.5 Residential u �z - ; o" Al a D Surrounding Land Uses and Zoning Districts North "�� ' ` `` Revere Drive A 5• - �, 'i Single-family dwellings/R-7.5 Residential South ` A �f Single-family dwellings/R-7.5 Residential ` T East Single-family dwellings/R-7.5 Residential 5a West u. Single-family dwelling/R-7.5Residential City of Virginia Beach Agenda Item 11 Page 1 Background & Summary of • • • • The applicant is requesting to rezone the property at 4549 Revere Drive from R-7.5 Residential to P-1 Preservation. • This parcel was previously owned by the Salem Woods Civic Association. For financial reasons,the neighborhood dedicated the park to the City of Virginia Beach. • As indicated in the Deed of Dedication (Instrument#202000105846),a conveyance was made conditionally that the City would rezone the parcel to P-1 Preservation within two years of the date of the deed.The City of Virginia Beach missed the original deadline, but the civic association was willing to provide the City with an additional two years to complete the agreement. The applicant is now coming forward to satisfy the condition. • The applicant intends to continue utilizing this space as a neighborhood park.The park will be used as a passive park that is open to the public in the interim and will eventually be developed with typical park amenities to include playground equipment, picnic tables,and walkways, as depicted on the proposed conceptual site plan on page five of this report. However,there is no funding designated for the improvements at this time. R7 5 R7 5 i ' _ a A75 R7.5 _ A75 RZS_ '� No Zoning History R7 5 l Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—SubdivisionVariance 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 • • • This request to rezone this property from R-7.5 Residential to P-1 Preservation is acceptable.The site is located within the Suburban Area and Staff believes that the proposed rezoning falls within the Comprehensive Plan's guiding principle to create great neighborhoods while protecting and enhancing natural areas and open space. In Staffs opinion, rezoning this site to P-1 Preservation is complementary to this area as the existing use of the site will not change. Instead,the proposed zoning district will allow the natural area to be protected and improved while enhancing the community. 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 protect City of Virginia Beach Agenda Item 11 Page 2 and enhance natural areas and open spaces. 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 ResourcesImpacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high groundwater, poorly draining soils, and high-water surface elevations in downstream receiving waters. There do not appear to be any significant natural or cultural resources associated with the site. Public Utility Impacts Water & Sewer This site must connect to city water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 11, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, December 27, 2023 and January 3, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 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 January 4, 2024. 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'•l'I�'♦�1,'L^11• .�, -- M �• • •.rAr 4N.w OrLLi.(.f�td(j� ! •n,r•Irr D h A < m - sy �• � � W � N � � N s �� s r r t a s .fie"& =ate •:.` �, !h ..t ,. . ,y yo a Z� O m a� T 3 1 Proposed Conceptual Site Plan s A� a. s .,�✓di1.21'f101/1%ll�-'Mi Wqf•»�N\wl5 4ana•e5\P'.TLRNsW.�\olR1 d.VH\M--MN�+N i�mIM'1•�'W4dV^luwle0b\�Y City of Virginia Beach Agenda Item 11 Page 5 ti w `mr Site Photos �t City of Virginia Beach Agenda Item 11 Page 6 f Site Photos r- City of Virginia Beach Agenda Item 11 Page 7 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. City of Virginia Beach Agenda Item 11 Page 8 Virginia Beach Planning Commission January 10, 2024, Public Meeting Agenda Item # 11 City of Virginia Beach RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. Application number 11 , City of Virginia Beach. We don't have a representative here today, but knowing that there's no opposition to this item, and it's going to be placed on the consent agenda, I've asked Commissioner Estaris to read this item into the record. Ms. Estaris: Thank you. The applicant is requesting rezoning the property at 4549 Revere Drive from R-7.5 Residential to P-1 Preservation. This parcel was previously owned by the Salem Woods Civic Association. For financial reasons, the neighborhood dedicated to the park, the park to the City of Virginia Beach. As indicated in the deed of dedication, a conveyance was made conditionally that the city would rezone the parcel to P-1 preservation within two years of the date of the deed. City of Virginia Beach missed the original deadline, but the Civic Association was willing to provide the city with an additional two years to complete the agreement. The applicant intends to continue utilizing the space as a neighborhood park. In the staffs opinion, the rezoning the site to P-1 is complimentary to the area, as existing use of the site will not change. Instead, the proposed zoning district will allow the natural area to be protected and improved while enhancing the community. With the planning staffs recommendation for approval and with no opposition and no objection, the Planning Commission moves forward to place this on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman that was our last item on the consent agenda, I'd like to review that the Planning Commission places the following applications on the consent agenda. Items number 1, 2, 4 and 5, 6, 7, 10 and 11. Mr. Alcaraz: Thank you. Do I have a motion to approve as stated by the Vice Chair? Well let her make a motion then I'll take Mr. Clemons. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Alright and second by Mr. Clemons, it's your day. Madam Clerk: We're going to go ahead and do a verbal vote again since the system isn't working. Mr. Anderson? Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons:Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Mrs. Estaris? Ms. Estaris: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Madam Clerk: And Chairman Alcaraz? Mr. Alcaraz: Yes. Madam Clerk: By a vote of 11 to 0, items 1 , 2, 4 and 5, 6, 7, 10, and 11 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hip en AYE Mauch AYE Parks AYE Plumlee AYE 202000105846.001 THIS INSTRUMENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE Rebecca D.Kubin,Bar#34410 TITLE INSURANCE UNDERWRITER: Old Republic National Title Insurance Company EXEMPTED FROM RECORDATION'TAXES UNDER SECTIONS 58.1-811(A)(3) AND 58.1-811(C)(5)REIMBURSEMENT AUTHORIZED UNDER SECTION 25.1-418 CONSIDERATION: NONE THIS DEED OF DEDICATION is made this'ZZ day of IV ,'2020,by and between SALEM WOODS CIVIC ASSOCIATION,INC.,a Virginia non-stock corporation(the "Grantor"),and the CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia(the"Grantee"). WITNESSETH: That for and in consideration of the mutual benefits accruing or to be accrued to the parties,and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Grantor does hereby dedicate,grant and convey to the Grantee,its agents,assigns and/or successors,with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE,unto the Grantee, the following described property,to wit: ALL THAT certain tract, piece or parcel of land, together with the improvements thereon,situate,lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "RECREATION AREA (1.707 ACRES)" as shown on that certain plat entitled, "SUBDIVISION OF SALEM WOODS SECTION TWO, '. KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated September 1980, prepared by John E. Sirine & Associates, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 144, at page 6. TOGETHER WITH all right,title and interest of the Grantor,if any, in and to any and all easements,rights of way,private roads and other GPIN: 1475-37-8501 b ` INSTRUMENT a 202000105846 PAGE 1 OF 3 ��V 6 NE ORRE2b IR 02:3a pm CH CI RCUIT EEDNFOURT TINA E.SINNEN,CLERK :fly {_. 202000105846.002 rights of access,ingress and/or egress adjacent to,appurtenant to or in any way benefiting the above described property. IT BEING the same property conveyed to the Salem Woods Civic Association, Inc. by Deed of Dedication from Salem At Princess Anne Number 2 Partnership,dated June 19, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 2433,at page 138. This conveyance is made subject to the covenants, conditions, restrictions and easements of record, insofar as they may lawfully affect the aforesaid property. This conveyance is made conditionally on the aforesaid property being rezoned to Preservation(P-1)zoning;and if it is not rezoned to such district within two(2)years of the date of this Deed,the property shall revert to the Grantor,unless Grantor provides Grantee with an extension of time in writing to do so prior to the expiration of such two(2)year period. Once the property is rezoned to P-1,the reverter provision set forth herein shall have no further force or effect. WITNESS the following signature and seal: SALEM WOODS CIVIC ASSOCIATION,INC.,a Virginia non-stock corporation By P -Z� (SEAL) Name: v ve+&- J. l av Title: e -L APPROVED AS TO FORM AND ACCEPTED ON BEHALF OF CITY OF VIRGINIA H ZIATTO L_- 202000105846.003 STATE OF V'(' �(1 I O•_' CITY/COUNTY O i 'c to-wit: The foregoing instrument was acknowledged and sworn before me this n� day of k Ll L4 20_,Qn. by?2}e r' L fLL. (name), YAP 5(( _C _(title)of Salem Woods Civic Association, Inc. Notary Public My commission expires: Registration Number: NOTARY PUBLIC 7808260 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31.2022 3 64 AI B4 K -_ _ --- Office Square Lane ca ; R 10 `'j ! 1' B4K B2 Cr a O Ho 0 �. f—ne Center rive j B4K � B4 K/ i B'4K N Site Lab Commercial Kitchen, LLC Property Polygons 405 South Witchduck Road Zoning S Building mommE=Feet 0 1530 60 90 120 150 180 Nu'BE E Yi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS CORPORATION [Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 405 S Witchduck Road (GPIN 1466795644). COUNCIL DISTRICT 1 MEETING DATE: February 20, 2024 ■ Background: The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard to continue storing food trucks and trailers at 405 S Witchduck Road. The applicant operates a commercial kitchen at which independent food truck vendors can store and prep food for their operations. As their business established and evolved over time, the applicant began leasing parking spaces at this site to vendors to leave their food trucks and trailers and was unaware of the requirement for a Conditional Use Permit to do so. The applicant is proposing to use 20 parking spaces on site for food trucks and trailers and has identified these spaces on a concept plan. Additionally, the applicant is requesting deviations from the screening requirements for Bulk Storage Yards as set forth in Section 228 of the Zoning Ordinance: the applicant proposes fencing only along the rear property line and a portion of the northern property line between the site and Patriots Park; to add plantings only along the north property, S Witchduck Road, and in the northwest corner of the property inside the fence; and to only enclose the dumpster on site with fencing. The applicant requests these deviations due to the extent of existing pavement and narrow widths between the property lines and existing curb lines which are insufficient to sustain healthy plants. ■ Considerations: While there have been several applications to rezone properties in this area to B- 4K Historic Kempsville Area Mixed Use District, this property is one of a few in the heart of Kempsville that retains B-2 Community Business zoning. Bulk Storage Yards are conditional uses in B-2 Community Business; they are not permitted in B-4K Historic Kempsville Area Mixed Use. The uniqueness of this specific Bulk Storage Yard and the business it supports are compatible with Historic Kempsville. This parcel falls within the area recommended for commercial use and supports many small, local businesses. It is a viable reuse of a parcel originally developed as a drive-thru restaurant. Lab Commercial Kitchen, LLC Page 2 of 3 The local food truck industry has grown in recent years, primarily with independent operators. For food truck or food trailer operators who are unaffiliated with a brick- and-mortar restaurant, it is challenging to find locations to park/store their vehicles and to have access to commercial kitchen spaces. The applicant provides both these opportunities and is an incubator for the local food scene. By prepping food and storing vehicles here, it is easier for operators to comply with local food and health requirements. The requested deviations to the screening requirements for this property are also acceptable. Most of the site is currently impervious surface, either as part of the parking lot, the walkway around the building, or the building itself. This limits where screening and landscaping elements can be installed without substantial land disturbance. In its review of the application, the Planning Commission recommended approval of the request with a modification to the proposed concept plan as referenced in Condition 1. The modification was to reduce the length of proposed fencing along the property line between the subject site and Patriots Park to run from the rear corner of the property to approximately the location of an existing brick wall in the park; from that point to the corner of the property closest to S. Witchduck Road, additional evergreen plantings were to be added to screen the site from the park. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Two letters of opposition and one letter of support were received for the request. ■ Recommendation: On January 10, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0 with one abstention. 1. The Bulk Storage Yard shall be screened with a minimum six-foot tall privacy fence and landscape plantings that are in substantial conformance to the concept landscaping plan entitled "Site Landscape Plan" and dated November 22, 2023. This is a deviation to Section 228(a) of the Zoning Ordinance. 2. Food trucks and trailers shall only be stored in the spaces as identified on the concept plan "Site Landscape Plan" and dated November 22, 2023. 3. Food trucks and trailers shall only be in the loading zone when actively loading or unloading a vehicle. This area shall not be used for long-term parking or storage. 4. No more than 20 food trucks or trailers shall be permitted on site at any one time (e.g., no more than 20 food trucks or trailers shall be on site total between the loading zone and the storage spaces). 5. Total storage may not exceed 20 food trucks or trailers. Lab Commercial Kitchen, LLC Page 3 of 3 6. The food truck/trailer parking stalls as shown on the landscaping plan entitled "Site Landscape Plan" and dated November 22, 2023 shall be striped. 7. A minimum of 16 spaces shall be provided for customer parking with an additional nine spaces available in the loading area as shown on the landscaping plan entitled "Site Landscape Plan" and dated November 22, 2023. 8. No food truck or trailer build outs, engine repair, body work, automobile repair activities, or other substantial alteration or repair shall be conducted on site, to include removal and installation of appliances. This condition shall not be construed to prohibit light maintenance such bulb repair or replacement, cleaning, and similar light work. 9. Generators shall not be run between the hours of 11:00 p.m. and 7:00 a.m. 10.All exterior power points on the property shall be covered, grounded, and provided in such a way that is safe for all users and that is in substantial conformance with the locations as noted on the concept landscaping plan entitled "Site Landscape Plan" and dated November 22, 2023. 11.The dumpster shall be enclosed with a minimum six-foot tall privacy fence and required plantings as set in the landscape requirements in the Site Plan Ordinance. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1) Letters of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Item Applicant Lab Commercial Kitchen LLC Agenda Property Owner Bonney Brothers Corporation Planning Commission Public1 2024 C.,u( City CouncilDistrict Virginia Beach Request Conditional Use Permit(Bulk Storage Yard) Staff Recommendation Approval Staff Planner Elizabeth Nowak Location 405 S. Witchduck Road GPIN 1466795644 Site Size 33,044 square feet AICUZ Less than 65 dB DNL «o►'s Watershed Kc Chesapeake Bay Existing Land Use and Zoning District Commercial kitchen/B-2 Community Business --rmpg jW a (Historic Kempsville Overlay) Surrounding Land Uses and Zoning Districts North W '_ ' Park, Office/B-4K Historic Kempsville Area Mixed Use, B-2 Community Business (Historic Kempsville Overlay) 0 1► South Home Center Drive �- Shopping Center/B-2 Community Business (Historic Kempsville Overlay) East as • �o S. Witchduck Road so West Office/B-2 Community Business (Historic f, p Kempsville Overlay) Lab Commercial Kitchen LLC Agenda Item 8 Page 1 Background Summaryof Proposal • The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard to allow the storage of food trucks and trailers in the parking lot of this 33,044 square-foot parcel zoned B-2 Community Business District.This application was submitted in response to a Notice of Violation sent to the applicant on July 30, 2023,that stated storage of food trucks and trailers requires a Conditional Use Permit for a Bulk Storage Yard.The parcel is located in the Historic Kempsville District Overlay. • Lab Commercial Kitchen operates as a commercial kitchen, a standalone food preparation and storage facility. Independent food truck operators use the commercial kitchen to complete food prep and to store perishable items. • Since Lab Commercial Kitchen has been operating in this location, it began to lease parking spaces to food truck vendors to allow them to store their food truck/trailers on site. Many food truck vendors who complete prep work at Lab Commercial Kitchen are unaffiliated with stand-alone restaurants or other eateries and have no other place to store their trucks/trailers. City regulations prohibit parking of food trucks or trailers in residentially-zoned districts. Parking spaces at Lab Commercial Kitchen has made it possible for these independent operators to store their vehicles in a commercially-zoned location. • The applicant is requesting to store up to 20 food trucks or trailers on site: o Six trucks and trailers to be stacked along the rear drive aisle adjacent to the northeast property line; o Two trucks or trailers to be located parallel to the building:one along the rear elevation and one along the south elevation; o Eight trucks or trailers to be parked in angled spaces along the south side of the building;and o Four trucks or trailers to be parked in spaces perpendicular to Home Center Lane. Nine parking spaces located on the north side of the building will be used as a loading zone for food trucks and trailers.The remaining 16 parking spaces on site will be used for parking of passenger vehicles. • Section 203(a)(35)of the Zoning Ordinance stipulates that uses permitted pursuant to a Conditional Use Permit shall comply with off-street parking requirements specified in that permit.There are no specific requirements for Bulk Storage Yards or for Commercial Kitchens. • There are four existing exterior power points on the building that the applicant intends to make available to food trucks or trailers at Space 19 and Space 20, as well as the loading zone.Additionally,the applicant will reuse two former drive-thru signs as external power points to provide power to a few vehicles using Spaces 1 through 4 and Spaces 5 through 9. • Section 228(a)of the Zoning Ordinance requires that Bulk Storage Yards be fully enclosed with a minimum six-foot opaque wall or fence in combination with Category VI landscape plantings.The applicant is requesting a deviation to this requirement to install a six-foot tall privacy fence along the northwest and northeast property lines and to install smaller scale plants between the fence and Patriot Park to the northeast.The applicant's request for a deviation to the landscape screening requirements is predicated on the amount and location of existing paving, entrance points to the property,and the need to maintain existing drive aisles to provide adequate turn radii for food trucks and trailers. • Dumpsters are required to be enclosed with a solid, minimum six-foot tall privacy fence and to be screened with landscaping on three sides.A six-foot tall vinyl fence is shown on the concept landscape plan submitted by the Lab Commercial Kitchen LLC Agenda Item 8 Page 2 applicant.Although not shown on the concept plan,the applicant has indicated they will install plantings as required by the Site Plan Ordinance. J 1 rc B4K 2 j Zoning History # Request 8 B2 { I 1 CUP(Tattoo Parlor)Approved 05/16/2023 2 REZ(13-2 to 13-4K)Approved 09/24/2013 3 CUP(Motor Vehicle Rentals)Approved 06/25/1996 c s h b 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—Alternative Compliance STR—Short Term Rental Evaluation • • • In Staff's opinion,this request for a Conditional Use Permit for a Bulk Storage Yard to store food trucks and trailers is acceptable.This property is located in the Historic Kempsville area,a Suburban Focus Area identified in the Comprehensive Plan,and is within the bounds of the Historic Kempsville Overlay District.This area is notable as an early crossroad community and long range planning goals include development of a mixed-use, medium-density area that emphasizes residential development and experiences.While there have been several petitions to rezone properties here B-4K Historic Kempsville Area Mixed Use District,this property is one of a few in the heart of Kempsville that retains B-2 Community Business zoning. Bulk Storage Yards are conditional uses in B-2 Community Business;they are not permitted in B-4K Historic Kempsville Area Mixed Use. It is Staff's opinion that the uniqueness of this specific Bulk Storage Yard and the business it supports are compatible with Historic Kempsville.This parcel falls within the area recommended for commercial use and supports many small, local businesses. It is a viable reuse of a parcel originally developed as a drive- thru restaurant. The local food truck industry has grown in recent years, primarily with independent operators. For food truck or food trailer operators who are unaffiliated with a brick-and-mortar restaurant, it is challenging to find locations to park/store their vehicles and to have access to commercial kitchen spaces.The applicant provides both these opportunities and is an incubator for the local food scene. By prepping food and storing vehicles here, it is easier for operators to comply with local food and health requirements. The requested deviations to the screening requirements for this property are also, in Staff's opinion,acceptable. Most of the site is currently impervious surface, either as part of the parking lot,the walkway around the building,or the building itself.This limits where screening and landscaping elements can be installed without substantial land disturbance.The parcel is set back from the primary corridor of S.Witchduck Road and is accessed by means of a secondary road.This distance softens the visual impact of this and adjacent properties from this primary corridor in Historic Kempsville.The property is immediately adjacent to Patriot's Park, a City-owned park on the corner of S. Witchduck Road and Office Square Lane.To prevent visitors to the park from crossing over into the storage yard or cutting through the existing mature landscaping along the property line,the applicant, at Staff's recommendation, is Lab Commercial Kitchen LLC Agenda Item 8 Page 3 proposing to extend a privacy fence the length of this property line. Plants installed by the applicant in addition to the plants in the park will soften and screen the fence. Parking requirements for this use are controlled by Section 203(a)(35)—which states that the amount of parking shall be as set forth in the relevant Conditional Use Permit—as Section 228 has no parking requirements and Section 203(a) has no specific standard for the use of the site as a commercial kitchen for food trucks and trailers. In Staffs opinion,this use, including the storage of the food trucks and trailers, is very similar to food and beverage manufacturing uses,which are, per Section 203(a)(29), required to provide one parking space per every 250 square feet of floor area.The building on site is approximately 2,600 square feet and would require 10 parking spaces. As the applicant is reserving 16 spaces for customer parking,will have 20 dedicated spaces for food trucks and trailers, and will have an additional nine spaces in the designated loading zone,Staff believes sufficient parking will be met on site with the current conditions.Staff is recommending Condition 7 to address this requirement. The applicant presented their request to the Historic Kempsville Citizen Advisory Committee at its November 27, 2023 meeting.While there were comments shared with the applicant regarding preferred screening options (i.e.,only using landscaping along the property line with Patriot's Park rather than including the fence and the landscaping),there was general support for the application. Staff recommends approval of the application subject to the following conditions listed below. Recommended Conditions 1. The Bulk Storage Yard shall be screened with a minimum six-foot tall privacy fence and landscape plantings that are in substantial conformance to the concept landscaping plan entitled "Site Landscape Plan" and dated November 22, 2023.This is a deviation to Section 228(a)of the Zoning Ordinance. 2. Food trucks and trailers shall only be stored in the spaces as identified on the concept plan "Site Landscape Plan" and dated November 22, 2023. 3. Food trucks and trailers shall only be in the loading zone when actively loading or unloading a vehicle.This area shall not be used for long-term parking or storage. 4. No more than 20 food trucks or trailers shall be permitted on site at any one time (e.g., no more than 20 food trucks or trailers shall be on site total between the loading zone and the storage spaces). 5. Total storage may not exceed 20 food trucks or trailers. 6. The food truck/trailer parking stalls as shown on the landscaping plan entitled "Site Landscape Plan" and dated November 22,2023 shall be striped. 7. A minimum of 16 spaces shall be provided for customer parking with an additional nine spaces available in the loading area as shown on the landscaping plan entitled "Site Landscape Plan" and dated November 22, 2023. 8. No food truck or trailer build outs,engine repair, body work,automobile repair activities,or other substantial alteration or repair shall be conducted on site,to include removal and installation of appliances.This condition shall not be construed to prohibit light maintenance such bulb repair or replacement,cleaning, and similar light work. 9. Generators shall not be run between the hours of 11:00 p.m. and 7:00 a.m. 10. All exterior power points on the property shall be covered,grounded, and provided in such a way that is safe for all users and that is in substantial conformance with the locations as noted on the concept landscaping plan entitled "Site Landscape Plan"and dated November 22, 2023. Lab Commercial Kitchen LLC Agenda Item 8 Page 4 11. The dumpster shall be enclosed with a minimum six-foot tall privacy fence and required plantings as set in the landscape requirements in the Site Plan Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This proposal is located in the Suburban Area,within the Historic Kempsville Overlay District.The Historic Kempsville Master Plan calls for a denser, mixed-use pattern of development,with a focus on improved walkability. ResourcesNatural & Cultural • . The site is located in the Chesapeake Bay Watershed. The site is in the Historic Kempsville District Overlay and is immediately adjacent to Patriot's Park, a public park.The storage operations have a strong visual impact on the area without appropriate screening. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S.Witchduck Road No counts available 1 9,900 ADT'(LOS 4"D") Existing Zoning 2—385 ADT Proposed Land Use 3—No Data Available 'Average Daily Trips z as defined by a.76-acre 3 No information available in the 4 LOS=Level of Service property zoned B-2 Community ITE Trip Generation Manual for Business food truck storage yards Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The property is located on S. Witchduck Road service road and Home Center Drive.S.Witchduck Road service road is a two-lane local commercial street in the vicinity of this property. It has a variable-width right-of-way. Home Center Drive is a private driveway. No CIP projects are currently scheduled for this roadway. Public Water There is an existing 16-inch City water transmission along S. Witchduck Road. Lab Commercial Kitchen LLC Agenda Item 8 Page 5 Sewer There is an existing eight-inch City sanitary sewer gravity main along S.Witchduck Road that partially encroaches through this property.There is also an existing eight-inch City sanitary sewer gravity main along Home Center Drive. Public Outreach Information Planning Commission • The applicant representative met with the Historic Kempsville Citizen Advisory Committee on November 27, 2023 to discuss the details of the request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 11, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, December 27, 2023 and January 3, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on January 4, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Tuesdays, February 6, 2024 and February 13, 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 February 5, 2024 • 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 February 16, 2024. Lab Commercial Kitchen LLC Agenda Item 8 Page 6 Proposed • w s s Y Y � p .D U s €=s nk ° YSa Z > ti nod G r La AVW ' J i � e � Q m "Z u z �- � a LU CMuj �.y�l F Ixle 0 tY z [5 ® 0 aIn �q CL O WYSC n w Ix E uy m> ul Lab Commercial Kitchen LLC Agenda Item 8 Page 7 Site Photos c,II"i-cci loikliHih ' r • . r : y 4 .w � f t v 1• �a � Site Photos will OWN- • w •� Lab Commercial Kitchen LLC Agenda Item 8 Page 9 Disclosure 00,0000 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„ tom- (4 G(I I I Kl tt I E'i') LLC Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. Nick Mariano,Gilbert Mariano,Jr. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?(M Yes ❑No i L.C • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Gil�)�Y-t Jr MGr i lbert___Cy _wlW jGiti�c • If yes,list the businesses that have a parent-subsidiary'or affiliated business entityt relationship with the applicant. (Attach a list if necessary) bMcthu M5 , StiNkgN S1gaKe `my Gfepc- , Olawi Gc�.-,kill 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,VA_Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(li)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 betweenthe 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 Lab Commercial Kitchen LLC Agenda Item 8 Page 10 Disclosure Statement f 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 IR 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 .0 No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate bro ker/age nt/rea I tor for current and anticipated future sales of the subject property? ❑Yes [Sd 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?SO Yes ❑No • If yes,identify the firm and individual providing the service. 'td�� 1; Yi1G.h - cii'•(i b�1r{Li1' 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 IR 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 171 No • If yes,identifythe purchaser and purchaser's service providers. Revised 11,09,2020 2 i P a g e Lab Commercial Kitchen LLC Agenda Item 8 Page 11 Disclosure 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. 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 Sittnature 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. giant Slgnature Print Name and Me ba __ 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. FOR CITY USE• that pertains to the.�pplicatians 1/31/2024 ""'rs it/a--e� Print Nun* El abeth Nowak Revised 11.09,2020 3 1 P a g e Lab Commercial Kitchen LLC Agenda Item 8 Page 12 Disclosure Owner Disclosure `n nG` Owner Name Lab Commercial Kitchen LLC Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?LK YeS ❑No • If yes,list the names of all officers,directors,,members,trustees,etc.below. (Attach a list if necessary) ` 7 "� Ltl Ric)r�r,e.,} • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Known Interest bV Public Offidal,or Employee Does an official or employee of the City of Virginia Be have an interest in the subject land or any proposed development contingent on the subject public action?El Ye: L�No • If yes,what is the name of the official or employee and what is the nature of the interest? 'Parent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101, ""Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Lab Commercial Kitchen LLC Agenda Item 8 Page 13 Disclosure t Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes S No • If yes,identify the financial institutions providing the service. 2. Does the Own r have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? El Yes �No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes M No • if yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?0 Yes t'!G No • if yes,identify the firm and individual providing the service. 5. is there any other pending or proposed purchaser of the subject property?0 Yes 93/N0 • if yes,identify the purchaser and purchasers service providers. 6. Does the Owner have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?0 Yes I(N0 • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ICJ No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 1 P a g e Lab Commercial Kitchen LLC Agenda Item 8 Page 14 Disclosure _ute &. Is the Owner receiving legal services in ccoo nection with the subject of the application or any business operating or to be cPerated on the property?[]yes L1 iyo • 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 Farm 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 hrfommraGon pncwlded herein two weeks prior to the meeting of Planning Cum"VISSIOn,City Council,VBD&CBPA,Wetlands Board or any public body or awmnittee in conneeHon with this application. Owner stratum Pflet Name and Title asa Revised 11.09.2020 7{Pape Lab Commercial Kitchen LLC Agenda Item 8 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Lab Commercial Kitchen LLC Agenda Item 8 Page 16 Virginia Beach Planning Commission January 10, 2024, Public Meeting Agenda Item # 8 Lab Commercial Kitchen, LLC RECOMMENDED FOR APPROVAL Madam Clerk: Agenda item number eight, Lab Commercial Kitchen, LLC is a conditional use permit for a bulk storage yard for 405 South Witchduck Road. Mr. Alcaraz: Please come forward. So, if you can just state your name and then tell us what you're asking for? So, we can. Mr. Mariano: Good afternoon. My name is Gilbert Mariano. I'm here on behalf of the Lab Commercial Kitchen and what was the other question? I'm sorry. Mr. Alcaraz: Anything you'd like to tell us. Mr. Mariano: So, about three years ago, me and my brother, we created the Lab Commercial Kitchen for us to use, not knowing that it would be this big as it is now. We currently have 40 people that work out of our-40 small businesses—that work out of our kitchen, 20 of them are the food trucks. A lot of them are women owned, minority owned, and veteran owned, and we are here just trying to get this permit to allow these food trucks to stay there and move forward. We're here just to see what you guys need us to do and to get approved to put up either a fence or the shrubbery that you guys need, but yeah, we're here on behalf of all the businesses that we have at our kitchen to kind of get this to move forward and pretty much set everything straight and get everything that needs to be done. Mr. Alcaraz: What we've asked is Mr. Anderson move forward with you on talking about what might need be needed? So, go ahead. Mr. Anderson: Okay. First of all, I'll just, I'll read. Yeah, the background a little bit first. As you said, this applicant at 405 South Witchduck Road is asking for a conditional use permit for a bulk storage yard to allow storage of food trucks and trailers in the parking lot, of a 33,000 square-foot parcel zoned B-2 Community Business District. This application was submitted in response to a notice of violation sent to the applicant on July 30, 2023 that stated storage of food trucks and trailers requires a conditional use permit for a bulk storage yard. The parcel is located in the Historic Kempsville District Overlay. So, you know, you guys have come to the meeting of the Kempsville Historic CAC and we've discussed and what we, commissioners and with CAC's approval, I'll read to you what we have wanting to propose on the conditions with your approval. So, I'm recommending approval of this item with the modifications to Condition 1 to propose evergreens to start approximately at the existing brick wall towards Witchduck Road instead of a fence. Mr. Mariano: Okay. Mr. Anderson: The proposed fence six-foot tall fence will stay in the conditions on the back of the property with a return to the start of the brick wall, approximately 30 feet,just depends on where that location is. Mr. Mariano: Okay, absolutely. Mr. Anderson: That should do everything that we have looked at and we want to, you know, work with you guys on what type of evergreens and with Parks and Recreation on what works for that coverage. Mr. Mariano: Okay. We appreciate that. Mr. Anderson: We want to make sure that you guys were okay with that change. Mr. Mariano: Whatever you need, we'll do it just to move forward. Again, a lot of people are counting on us to make sure that we keep this place open. So again, whatever you need, we will do. We just need the proper guidelines or the standards on what you guys would like. Mr. Alcaraz: So, you've accepted his recommendations. Are there any other comments? None. Mr. Anderson, if I can get a motion with what you just stated, we'll get a second and we'll move forward. Mr. Plumlee: If I could interrupt you, Mr. Chairman, I just wanted to, the only question I had remaining was about the parking for the trucks, the trailers and then you need a remaining nine spaces for that loading area and then you have passenger vehicles. How many total parking spaces? Mr. Mariano: So for the food trucks, we have 20 and then in the front, I believe we have the—I think its 10 and the loading zone is only when they park their food truck or their trailer. It's not— Mr. Plumlee: So, that's like a temporary use of that nine spaces. Okay, because I didn't believe that there were that many spaces. I just want to clarify that point. Okay. Alright. Thank you, that's it. Mr. Anderson: Should we explain the conditions about, you know, from the complaint of what the Lab Kitchen is having to abide by other than, you know, with the other conditions because we didn't—I mean conditions I didn't read. It was the other conditions. Mr. Alcaraz: The conditions are stated. We're going to keep those. Mr. Anderson: Okay. Right. Mr. Alcaraz: You just state the changes, your modification. Mr. Anderson: My modification. Okay. Mr. Alcaraz: We need to hear. Yeah. Mr. Anderson: So, it's in addition to all the conditions which they're accepting, and you acknowledge acceptance of all these conditions. Mr. Alcaraz: So I have a motion? Mr. Anderson: I move to approve a recommended approval of this item with modifications for the fence to be changed on the park side of the property to evergreens from the brick wall to Witchduck Road. Mr. Mariano: Yeah, that's all right. Mr. Alcaraz: I got a motion by Mr. Anderson. Madam Clerk: One second. Did you need to clarify the height of the fence? Mr. Anderson: No, because we're not changing it. Madam Clerk: Okay, so we're not going to eight? Mr. Anderson: We are not. Madam Clerk: Okay. Ms. Hippen: Second. Mr. Alcaraz: I have a motion with a modification by Mr. Anderson, a second by Ms. Hippen. Are there any abstentions? I think you need to make a statement, please. Ms. Estaris: I, Naomi Estaris, am abstaining from this agenda item. Mr. Alcaraz: Thank you. Madam Clerk: A letter is on file. Mr. Alcaraz: Letter's on file, okay for the record. Alright. We're going to vote. Madam Clerk: Yep. We're going to go down to Mr. Anderson? Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons:Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Madam Clerk: And Chairman Alcaraz? Mr. Alcaraz: Yes. Madam Clerk: By a vote of 10 to 0 with one abstention agenda item number eight has been recommended for approval. AYE 10 NAY 0 ABS 1 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris ABS Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The Bulk Storage Yard shall be screened with a minimum six-foot tall privacy fence and landscape plantings that are in substantial conformance to the concept landscaping plan entitled "Site Landscape Plan" and dated November 22, 2023. This is a deviation to Section 228(a) of the Zoning Ordinance. 2. Food trucks and trailers shall only be stored in the spaces as identified on the concept plan "Site Landscape Plan" and dated November 22, 2023. 3. Food trucks and trailers shall only be in the loading zone when actively loading or unloading a vehicle. This area shall not be used for long-term parking or storage. 4. No more than 20 food trucks or trailers shall be permitted on site at any one time (e.g., no more than 20 food trucks or trailers shall be on site total between the loading zone and the storage spaces). 5. Total storage may not exceed 20 food trucks or trailers. 6. The food truck/trailer parking stalls as shown on the landscaping plan entitled "Site Landscape Plan" and dated November 22, 2023 shall be striped. 7. A minimum of 16 spaces shall be provided for customer parking with an additional nine spaces available in the loading area as shown on the landscaping plan entitled "Site Landscape Plan" and dated November 22, 2023. 8. No food truck or trailer build outs, engine repair, body work, automobile repair activities, or other substantial alteration or repair shall be conducted on site, to include removal and installation of appliances. This condition shall not be construed to prohibit light maintenance such bulb repair or replacement, cleaning, and similar light work. 9. Generators shall not be run between the hours of 11:00 p.m. and 7:00 a.m. 10.All exterior power points on the property shall be covered, grounded, and provided in such a way that is safe for all users and that is in substantial conformance with the locations as noted on the concept landscaping plan entitled "Site Landscape Plan" and dated November 22, 2023. 11.The dumpster shall be enclosed with a minimum six-foot tall privacy fence and required plantings as set in the landscape requirements in the Site Plan Ordinance. Kempsville's ACE HARDWARE 5168 Singleton Way Virginia Beach, VA 23464-4230 09/09/2023 To Whom It May Concern: We are the neighbors to the LAB Commercial Kitchen. We understand that they are requesting permission from the city. We appreciate the business that the LAB has created and giving back to the community. It's nice to see small businesses flourish while also helping other small businesses. Not only has the LAB brought foot traffic into our local area but they have also contributed to our business as well. They not only continue to create a great relationship with us, but they have also recommended us to their partners, friends, and families in the community, Sincerely, MIS�l Kempsville's ACE HARDWARE Kempsville Commons Owners Association January 3, 2024 Virginia Beach Planning Administration 2875 Sabre Street, Suite 500 Virginia Beach,VA 23452 To: Elizabeth Nowak We are writing this letter in reference to the Conditional Use Permit Public Hearing scheduled on Wednesday, January 10, 2024 for Lab Commercial Kitchen, LLC to consider their application to use the property as a (Bulk Storage Yard). As we occupy the adjacent/surrounding Office Park consisting of eight office buildings, we are very strongly against approval of this request. This was confirmed during our annual meeting held Dec 131h, 2023 and a poll conducted after receipt of the public notice. Since Lab Commercial Kitchen's occupation of the property at 405 South Witchduck Road, we have been plagued with the unsightly and noisy renovation and storage of numerous dilapidated food trucks and trailers. Our landscapers have had to move old vehicle bumpers and other parts off our property on several occasions to even mow the grass and maintain the profession appearance of our properties. Additionally, we have received numerous complaints from our tenants and employees about such activities as grinding, sanding, hammering, loud music, etc. in the course of their activities. Approval for "bulk storage" can only contribute further to the eyesore and activity inconsistent with a Professional Office Park environment. Lastly, after the millions of tax dollars spent beautifying the "Witchduck corridor', including a park area established adjacent to the requestor, we are surprised this would even be under consideration. We strongly urge denial of this request as it would unfavorably affect our businesses, property value and the surrounding community as it is totally inconsistent with the current environment and professional decorum we strive to project and maintain. Sincerely, A-AgRichard B. Drehoff Secretary/Treasurer 328 OFFICE SQUARE.LANE,STE.202,VIRGINIA BEACH,VA 23462-3648 TEL(757)377-8025 From: wes Coons To: Elizabeth D.f4owak Subject: Kempsville Historic area Daft: Wednesday,January 10,2024 10:47:22 AM ,CAUL TION: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 wish I was able to speak in person today,however I was not able to get away! I own Century 21 Top Producers next door to the subject property and as much as I want them to be successful they are costing me clients.I just lost a$2,800.00 a month tenant because we"no longer represent the look"they need to grow.I have simply listed the reasoning why the city decided to save the heart of Virginia Beach and I want you to understand,we are the heart that gives this area life. The battle of Kemps's Landing is located on these grounds along with a hidden tunnel that we used to hide slaves so we may help them to freedom.I will be placing a memorial on my building this year for Robert C.Burke,a Marine Medal of Honor recipient.Robert was my uncle and please feel free to look him up and see what he did to save his fellow Marines.I am a retired Marine and simply put,this place is on holy, sacred ground and we need to HONOR this and not turn it into a junkyard! I was told a possible fence may be required,a 6 foot fence will not hide a 12 foot tall truck and honestly it will look even worse,The tenants rented a building that they knew did not allow the storage of these vehicles and they made a business decision to break the rules with no regard to us!He may have modified his business plan however that does not mean we have to pay the price for it.Furthermore,the taxes the citizens of Virginia Beach paid to save this area and create a park next to us will be just another waste of our resources and a black eye on the city!Please do the right thing and deny the change and protect what we have started,making Kempsville relevant AGAIN! Thank you, Wes Coons Sec.2000.-Findings; intent. SHARE NS The City Council hereby finds that the Historic Kempsville Area is not only one of the primary crossroads within the City,but is also the location of the third courthouse in Princess Anne County,the site of a Revolutionary War skirmish,an early cultural and economic hub within the City, and is surrounded by many stable and attractive residential communities.As such,its appearance and revitalization is important to the physical and economic vitality of the City.The purpose of the Historic Kempsville Area Overlay District is to enhance the appearance of the area encompassed by the District and to help restore its vitality as an important and historic location within the City. Historic Kempsville Area The City Council-adopted Historic Kempsville Area Master Plan outlines land use,environmental,transportation and design improvements needed to revitalize the area. It also provides guidance to leverage public investments in order to create a high quality'village'center. Key Recommendations Northeast Quadrant Implement the colonial village core to include medical services,senior housing,and public safety and support activities. The future use of Pleasant Hall, a house built in 1769,should respect its historic heritage as should the form and function of other uses within this quadrant Wes Coons Broker/Owner C21 Top Producers 757.456.9500-0 757.952.0764-F �1 ,.. /j p B2 R1,0 B2 N ® Site ---- Property Polygons Anna Jean Salon and Boutique, LLC W E Zoning 1637 Independence Boulevard, Suites A & B S Building Feet 0 1530 60 90 120 150 180 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS PROPERTIES, LLC [Property Owner] Conditional Use Permit(Tattoo Parlor) for the property located at 1637 Independence Boulevard, Suites A & B (GPIN 1479235308). COUNCIL DISTRICT 9 MEETING DATE: February 20, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor for the application of permanent makeup within an existing beauty salon in the Bayside Crossing Shopping Center. The shopping center is located along Independence Boulevard on property zoned B-2 Community Business District. The typical hours of operation will coincide with the current business hours which are 9:00 a.m. to 5:00 p.m., Tuesday through Saturday. No exterior changes are proposed and the 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 Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On January 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 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. 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. Tiffany Luong Page 2 of 2 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 J City Manager:/ K> Applicant Anna Jean Salonand Boutique, • Property Owner Rogers Properties, Planning Commission Public ' Xcaity0i • Virginia Beach Request Conditional Use Permit(Tattoo Parlor) Staff Recommendation t SC 1 �-y'� 00VA t- Approval Staff Planner Madison Eichholz a u ' 9 . Location 1637 Independence Boulevard, Suites A& B ' + GPIN ° 1479235308 Site Size 30,990 square feet(1,221 square feet Suites) A I CUZ ,�►Q``�� Less than 65 dB DNL � td� Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping Center/B-2 Community Business s Surrounding Land Uses and Zoning Districts North Independence Boulevard c� Shopping Center/B-2 Community Business a � South Retail,office, auto repair/B-2 Community w a = e Business East Restaurant/B-2 Community Business ' West Fast Food Restaurant /B-2 Community ' s = ` Business oP Anna Jean Salon and Boutique, LLC Agenda Item 10 Page 1 Background & Summary of • • • • 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 the Bayside Crossing Shopping Center.The shopping center is located along Independence Boulevard on property zoned B-2 Community Business District. • According to the applicant,one additional employee is anticipated. • The typical hours of operation will coincide with the current business hours which are 9:00 a.m.to 5:00 p.m., Tuesday through Saturday. • No exterior changes to the building are proposed. 4 %,, 8222 lk Zoning History # Request 1 CUP(Automobile Repair Garage)Approved 03/01/2022 2 CUP(Church)Approved 03/11/2008 CUP(Church)Approved 10/02/2001 1 B? " 3 CUP(Car Wash Facility)Approved 03/23/1999 CUP(Car Wash Facility)Approved 08/14/1996 4 CUP(Automobile Service station)Approved 08/10/1994 i Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance 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.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 establishments.A Certificate of Occupancy will not be issued until the requirements are satisfied and Health Department approval is obtained. It is Staff's 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 Anna Jean Salon and Boutique, LLC Agenda Item 10 Page 2 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 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. ResourcesNatural & Cultural The site is located in the Chesapeake Bay Watershed.There are no known cultural or natural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Independence Boulevard 39,300 ADT1 36,900 ADT 1(LOS 3"D") No Change Anticipated2 'Average Daily Trips z as defined by a Tattoo Parlor in 3 LOS=Level of Service an existing Shopping Center Anna Jean Salon and Boutique, LLC Agenda Item 10 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Independence Boulevard in the vicinity of this application is considered a four-lane divided major urban arterial.The Master Transportation Plan proposes a six-lane facility within a 150 foot right-of-way. No roadway Capital Improvement Program projects are slated for this area. Public Utility Impacts Water&Sewer The site is connected to City water&sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 11, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, December 27, 2023 and January 3,2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 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 January 4,2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Tuesdays, February 6, 2024 and February 13, 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 February 5, 2024 • 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 February 16, 2024. Anna Jean Salon and Boutique, LLC Agenda Item 10 Page 4 Proposed Site Layout /41 0, go tics �r Y� X t r ��5 r� �r. �•rt � t' �J�` / y Anna Jean Salon and Boutique, LLC Agenda Item 10 Page 5 Site Photos loss ,E 12 n B YSIDE f-- . x Anna Jean Salon and Boutique, LLC Agenda Item 10 Page 6 r I � i i i I I I f- i z � k"`" � a �,?s '` �f 1° ``t '"`.•a � #4 F� = a c Site Photos Anna Jean Salon and Boutique, LLC Agenda Item 10 Page 7 Disclosure Disclosure Statemen i r.,et�-•�,�� 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 Virg,nia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure/� �j Applicant Name AA1`1ti ,n g v XCa � 'o , C#%j f3o✓frylfe Does the applicant have a representative? ❑Yes CJ No • If yes,list the name of the representative Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?60 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) CEO 14v,vt4 Te,^ • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant (Attach a list if necessary) 4-46a '"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(1)one business entity has a controlling ownersh;p interest in the other business entity,(ii)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 dose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Anna Jean Salon and Boutique, LLC Agenda Item 10 Page 8 Disclosure Disclosure Statement ON M, planning&Community Devc7optncslt Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Be.,d,,4ave an interest in the subject land or any proposed development contingent on the subject public action?0 Yes C3 NNo • 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-collaterali:ation,etcl 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 62'No • If yes,identify the financial institutions providing the service. �/( 7 2_ Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 0 Yes Offan No _• If yes,identify the company and individual providing the service. l 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connemon with the subject of the application or any business operating or to be operated on the property?0 Yes LSNinO . If yes,identify the firm and individual providing the service. 4. Does the appkant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes @ NO if yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?0 Yes ff Nci • If yes,identify the purchaser and purchaser's service providers. Scanned with CarnScanner Anna Jean Salon and Boutique, LLC Agenda Item 10 Page 9 Disclosure Disclosure Statement r,ry ce 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 LYJ/NI • If yeas identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in tonne on with the subject of the application or any business operating or to be operated on the property?El Yes NO • If yes,identify the firm and individual providing the service 8. Is the applicant receiving legal services 1 ion with the subject of the application or any business operating or to be operated on the property?❑Yes LrJ CoN • 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 _-- Date Is the applicant also the owner of the subject property? ❑Yes K1 No • If yes,you do not need to fill out the owner disclosure statement. YQ No chaKef asd Date 2�1 Print Name Madison Byrd Warris Hichholz Scanned with CamScanner Anna Jean Salon and Boutique, LLC Agenda Item 10 Page 10 Disclosure Disc a re Statement Planning&Comrannit}r Development = y Owner Disclosure//�� Owner Name � d Applicant Name An., ae, c,( f3c Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ErNo • 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 havean interest in the subject land or any proposed development contingent on the subject public action?0 Yes &Ko 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 y 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(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. r...r.,c i i o i n i Anna Jean Salon and Boutique, LLC Agenda Item 10 Page 11 Disclosure f Disclosure" a etnen Planning&Community >•� .. Detielopment Owner Services Disclosure i. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateraliation,etc)or are they considering any financing m connection with the subject of the application or any business operating or to be operated on the property? ❑Yes L!No • If yes,identify the financial institutions providing the service. 2. Does the Owner havea real estate broker/agent/reaitor for current and anticipated future sales of the subject property? ❑Yes h�No • if yes, identify the company and individual providing the service. ei;Aa 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 U 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 LJ 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 J1fNo • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contract.,o(r_{.n connection with the subject of the application or any business operating or to be operated on the property?❑Yes CJ No If yes,Identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent' connection with the subject of the application or any business operating or to be operated on the property?[I Yes No • If yes,identify the firm and Individual providing the service. Anna Jean Salon and Boutique, LLC Agenda Item 10 Page 12 Disclosure - Disclosure Statement Planning&Community i Ulm-clopmeat 8. Is the Owner receiving legal services in con ction with the subject of the application or any business operating or to be operated on the property?0 Yes L"J No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owne &nature G grey Print Name and Title I of31 ?Q23 Date Anna Jean Salon and Boutique, LLC Agenda Item 10 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. Anna Jean Salon and Boutique, LLC Agenda Item 10 Page 14 Virginia Beach Planning Commission January 10, 2024, Public Meeting Agenda Item # 10 Anna Jean Salon & Boutique, LLC RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. Application number 10, Anna Jean Salon and Boutique, LLC. Hello. Mr. Carr: Good afternoon. Ms. Cuellar: Could you please state your name for the record? Mr. Carr: Michael Carr. Ms. Cuellar: And are the conditions acceptable to you for this application? Mr. Carr: Yes, ma'am. Ms. Cuellar: Thank you very much. You may be seated. Mr. Carr: Thank you. Ms. Cuellar: Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Coston to read this item into the record. Mr. Coston: Thank you. This 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 the Bayside Crossing Shopping Center. Shopping center is located along Independence Boulevard on property zone B-2, Community Business District. According to the applicant, one additional employee is anticipated. No exterior changes to the building are proposed. We have taking the advice of staff and concurred and therefore, we placed it on the consent agenda. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Alright and second by Mr. Clemons, it's your day. Madam Clerk: We're going to go ahead and do a verbal vote again since the system isn't working. Mr. Anderson? Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons:Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Mrs. Estaris? Ms. Estaris: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Madam Clerk: And Chairman Alcaraz? Mr. Alcaraz: Yes. Madam Clerk: By a vote of 11 to 0, items 1 , 2, 4 and 5, 6, 7, 10, and 11 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch 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. 0 12 12 0 0 m li �Sh=or_e_Dr_ive-._ a o F � ---- _ �. LITJ R30-CO o 0 - n C::�� —�- -TCD CD e r_n=Road r —Tern Road �� R20 R20 A10 a _:➢F o i^ 4 R20 oR20 o � �,� R20' C o R10 Alliena Westleigh N Site 5205 Shore Drive W E ® s Property_Polygons QZoning Feet Building 0 50100 200 300 400 500 600 IA h L• lit 77 {yi 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: February 20, 2024 (Deferred January 16, 2024) ■ Background: At the January 16, 2024 City Council public hearing, City Council granted the applicant's request to defer this item until the February 20t" City Council meeting in order for the applicant to continue discussion with interested stakeholders on the proposal. 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 has not conducted a site visit. Three letters of 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 was agreeable to the change during the December 13th Planning Commission Hearing. This project was originally presented at the January 161" City Council Hearing. During that time, the applicant requested that the modification to Condition 1 as recommended by Planning Commission be removed and she be allowed to keep up to 5 dogs on the site permanently. The applicant has engaged with adjacent neighbors concerning her request to keep up to 5 dogs on site permanently and has received 22 signatures from adjacent neighbors and others in the community Alliena Westleigh Page 2 of 2 supporting her request. 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. 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 Department City Manager:/Ir Agenda Item • •.- • • Planning Commission Public Hearing December 13, 2023 C"+tuu( Applicant• • Virginia Beach Request Conditional Use Permit(Residential Kennel) Staff Recommendation g r Approval k Staff Planner Michaela McKinney AMPHIBIOUSD r Location _�- 5205 Shore Drive .` GPIN s RED 1469880062 TERN, ' Site Size . 30,608 square feet 4 ` AICUZ �"AA o Less than 65 dB DNL Watershed Ra Chesapeake Bay yY acF� Existing Land Use and Zoning District Single-family dwelling/ R-30 Residential Surrounding Land Uses and Zoning Districts V ° t t � W " 1 4P North ' ; ra ltft!! Shore Drive Joint Expeditionary Base/1-2 Heavy Industrial 4 lFX -DR i South t �� Single-family dwelling/R-30 Residential f East Jack Frost Road Vacant lot/R-20 Residential • + West , + Single-family dwelling/ R-30 Residential :._P `fix` •¢ a :.ta f Alliena Westleigh Agenda Item 6 Page 1 Background & Summary of • . • • 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 ti No Zoning History i �R30 R34 C� RZ6 R20 i TERN RD Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP:Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STIR—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 dop,s 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. Natural & Cultural Resources 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'(LOS 4"D') Existing Land Use 2-10 ADT Jack Frost Road 1,265 ADT' 9,900 ADT'(LOS°"D") Proposed Land Use 3—No Data Available 'Average Daily Trips Z as defined by a single family 3 No information available in the 4 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 Beacon on Tuesdays, February 6, 2024 and February 13, 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 February 5, 2024 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.virpiniabeach.gov/city-council on February 16, 2024. Alliena Westleigh Agenda Item 6 Page 5 Proposed Site Layout "AS SUV Y LS SCUD ON A ALIT RYCY.IOOW µ 7HE afWT OFFICE Or IW CiPW COW OF nr WY OF Woo MUM mom AN AMP Li00,Y 21 AT PACE 27.. neS LS TD DmAw 7IMt;ON SEP7EAVRER 20,202J SUPWYED THE FRoPER7Y sww AIEREOAL MO 17MT INC nnE(µES AND PHYS.RA[ A W WAVENIS ARE AS S7x7MW ON PAS PUT. PC AffW0£Uf7VIS STAAD S7RAC71Y W7MN 7TL nli£LAGS AND MERE ARE AO ERCROACHACKS OR WME FASEMLFNIS EXCEP7 AS SAO M! 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Or7rir LOT 11 LOT 11 LEOFNO PHYSICAL IMPROVEMENT SURVEY OF T� mo6 a rwam F_ aye '[N 0 L LOT 10, BLOCK 2 PLAT OFF LOTS r D9/ID/1023 `^ B.W. SHELTON JR PROPERTY vJason M. Gordan N. n 0 "-1p�'"""®°""" VIRGINIA BLIACH, VIRCINIA i. No. Q02BE7 SEPTEMBER 20, 2023 SCALE.1"=25' FOR SAW CONTRACTING, INC. � e "�� . Zz> CORDON LAND SURVEYING, PLLC �F 0 25 50 75 600 MARJORIE LANE Project: 23-171 CHESAPEAKE, VA 23320 (757) 373-5384 Alliena Westleigh Agenda Item 6 Page 6 Site Photos 4 e :.�►- -40W 14 r � + f Site Photos °, f ' �- . Disclosure Disclosure Statement Cuy of ViTin,a Bch 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 Alliena Westleigh Does the applicant have a representative? ❑Yes 0 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 0 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'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) N/A "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. `"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 11 P a g e Alliena Westleigh Agenda Item 6 Page 9 Disclosure Statement Disclosure Statement Pl%anning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No • if yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes 0 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 IN 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 IN 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. Revised 11.09.2020 2 Alliena Westleigh Agenda Item 6 Page 10 Disclosure Disclosure Statement VAO �"Planning 8: 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 N 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 Slitnature 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 !— v Print Name and Title Alliena Westlelgh,Sole Owner Date ©1q -Z1- ?sDZ3 Is the applicant also the owner of the subject property? ❑Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ that peftains to the applications ® No changes as or one 02/02/24 j signature Print Na— - -- Michaela D.XNlc !nney 3 1 P Alliena Westleigh Agenda Item 6 Page 11 • Discl - Disclosure Statement VFU Cay nrv!Nin &-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?0 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) NIA Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes M 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,(if)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. Kewrseu' 5 Alliena Westleigh Agenda Item 6 Page 12 Disclosure Disclosure Statement City ofVLginiu Barnt: Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes 9 No • Ifyes,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 M No • Ifyes,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 • Ifyes,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 IN No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes M No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ No • Ifyes,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?M 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 Statement Disclosure Statement ar Cull u!VmSasero4 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 K 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 S.Anthony Williams,President Print Name and Title Date 71 Alliena Westleigh Agenda Item 6 Page 14 Next Steps I • 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. 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 AYE 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 Virginia Beach,VA, 23454 Ph: 757-425-2011 HILLTOP VEl'[RINARI'CLINIC Fax: 757-425-6569 Email: hilitopvet@live.COm To whom is may concern, 2022. r five ogs who ve at Ms.Alliena Westleigh has been client of Moose Bunny Vet , is since nd n ck es.All toffher dogs eare current onitheir annuall exams r residence are Lil MomLucy, heartworm tests,and recommended vaccines.Ms.Westleigh is a diligent owner in our experience, bringing her dogs in whenever an issue has appeared and following all of our recommendations for their care.We have never noted any whenever ,malnourishment,or unexplainable scars or injuries on any of their exams. It is our opinion that her dogs are well ectopa loved and cared for. Sin rely `— CD a Dr.Jessica Rolley, DVM Hilltop Veterinary Hospital 1801 Laskin Rd Virginia Beach,VA, 23454 757-425-2011 x From: nicholebauahan73Ca`amail.com To: Michaela D. Mckinney 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 iPhone 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 N. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY 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 HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD PERSONNEL BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE P. NEW BUSINESS Q. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents)is available at https://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 TCheliusavb 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: https://vbgov.webex.com/weblink/register/rfa6f47409572c8479c24ceea966ec l 5e 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on February 20, 2024. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:02/06/2024 PAGE: I R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION \O I I I R Y N K D E N R N N I. CITY COUNCIL'S BRIEFING \. 2024 GENERAL ASSEMBLY UPDATE CANCELLED IL CITY MANAGER'S BRIEFING \ 2023 CRIME STATISTICS UPDATE Paul Neudigate, Police Chief I VOTER REGISTRATION AND ELECTIONS Monica Croskev SPACE UPDATE Assistant City Manager Tim Copeland,Real Estate Agent,Public Works ( . PENDING PLANNING ITEMS Kaitlen Alcock, Planning Administrator III-VII CERTIFICATION OF CLOSED SESSION CERTIFIED A-F G. MINUTES INFORMAL AND FORMAL SESSIONS APPROVED a-u 1" 1" l A 1 l l S 1 l 1 January 2,2024 B S FORMAL SESSION T January 9,2024 A I N E D INFORMAL AND FORMAL SESSIONS APPROVED 11-0 Y 1' 1' Y Y Y Y Y January 16,2024 SPECIAL SESSION APPROVED 10-0 Y 1" 1 1" l" Y Y Y l \ l January 23,2024 1; S I A I N E D SPECIAL SESSION 1NPPR0 \TD I0-0 A Y 1' Y l" 1 1" Y Y Y 1 January 30,2024 B S T A I N E D i MAYOR'S PRESENTATION AFRICAN AMERICAN HERITAGE MONTH PROCLAMATION CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:02/06/2024 PAGE:: 2 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H F. E O C N S A O O E ITEM# SUBJE( I MOTION VOTE I R Y N K 1) E N R N L N J.1. Ordinance to AUTHORIZE acquisition of ADOPTED,BY l Y Y Y Y Y 1 1" Y Y l property in fee simple for the Centerville CONSENT 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 re enhanced safety and increase capacity J.2. Resolution to AUTHORIZE and DIRECT the ADOPTED,BY I I-i i l Y Y Y Y Y Y Y Y Y Y City Manager to Execute a Memorandum of CONSENT Understanding(MOA)between the City and the cities of Norfolk, Chesapeake, Portsmouth, and Suffolk, reestablish the Hampton Roads Computer Aided Dispatch Interoperability Project 3. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY EXECUTE an Agreement with the Virginia CONSENT Beach School Board and APPROPRIATE miscellaneous revenue re use of the school buses during the National High School Coaches Association Senior Nationals lA. Ordinance to APPROPRIATE$1.2-Million from ADOPTED,BY II-Ii 1 Y l" Y 1' 1 Y Y the Parking Enterprise Fund Balance to the FY CONSENT 2023-24 Economic Development Operating Budget re continuation of authorized Freebee services to complete FY 2023-24 previously approved scope Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY u 1 l l Y Y Y l l Y Y Y $10,261,435 from the Virginia Department of CONSENT Transportation (VDOT) to the FY 2023-24 Department of Public Works Operating Budget, and TRANSFER$9,861,435 as Pay-Go Funding to the FY 2023-24 Capital Improvement Program re (a) PG100040, "Bikeway/Trails and Renovation I" - $1,124,279; (b) PG100268, "Major Bridge Rehabilitation II"-$5.3-Million; and(c)PG100401,"Street Reconstruction II"- $3,437,158 and AUTHORIZE $400,000 re purchase two (2) crash trucks with arrow boards and related equipment J.6. Ordinance to TRANSFER $305,294 from the ADOPTED,BY 11-n 1 1" 1" Y Y Y Y Y Y Y Y General Funds Reserve for Contingencies and CONSENT ACCEPT and APPROPRIATE$457,941 from the Commonwealth of Virginia to the FY 2023-24 Voter Registrar and Elections Operating Budget re Presidential Primarp Election on March 5,2024 L Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY I I-II 1" Y Y 1 l 1' Y Y Y Y Y $30,925 from the Virginia Marine Resources CONSENT Commission to the FY 2023-24 Public Work Operating Budget and AUTHORIZE $30,925 subrecipient grant to the Vessel Disposal&Reuse Foundation re the administration,removal,and disposal of three(3)of abandon and derelict vessels(ADVs) K.1. RUFFIN 86,LLC for a Variance to Section 4.4(c) DEFERRED TO 11-0 1' l" 1' 1 1 1' 1' 1' l Y Y of the Subdivision Regulations re demolish three MARCH 5,2024, (3)dwelling units to construct one-single family BY CONSENT dwelling at 109 A&B 86'Street&8600 Ocean Front Avenue DISTRICT 6 (Deferred from January 2,2023) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:02/06/2024 PAGE: 3 R T H C L H C R A H 1 \k w U E H E M R U A 1 O C D N E M M O L Y I O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM;� SUBJECT MOTION VOTE 1 R Y N K D F N R N N L. APPOINTMENTS RESCHEDULED II l" ( O N S I N S t' ti 90-DAY FESTIVAL TASK FORCE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY 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 HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD PERSONNEL BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 6:50 PM OPEN DIALOGUE 13 SPEAKERS 7:38 PM