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HomeMy WebLinkAbout07-21-2020 SPECIAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �rlu�MAYOR ROBERT M. "BOBBY"DYER,At Large tigS� �'ap, C,y VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 p4 JESSICA P.ABBO77,Kempsville—District 2 ,1 MICHAEL F.BERLUCCHI,Rose Hall—District 3 v 7 BARBARA M.HENLEY,Princess Anne—District 7 LOUIS R.JONES,Bayside—District 4 JOHND.MOSS,At Large AARONR.ROUSE,At Large 'o, oNs OYR �<s GUYK.TOWER,Beach—District 6 ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D.WOOTEN,Centerville—District 1 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER—PATRICKA.DUHANEY PHONE:(757)385-4303 CITY ATTORNEY—MARK D.STILES FAX(757)385-5669 CITY ASSESSOR—RONALDD.AGNOR CITY COUNCIL WORKSHOP AGENDA E-MAIL:CITYCOUNCIL@vbgov.com CITYAUDITOR—LYNDONS REMIAS CITY CLERK—AMANDABARNES July 21,2020 • MAYOR ROBERT M. `BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 2:00 PM A. COVID-19 PUBLIC SAFETY UPDATE Dr. Demetria Lindsay, Director—Virginia Beach Public Health Erin Sutton, Director—Office of Emergency Management Steve Cover, Deputy City Manager B. EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE Andrew Friedman, Director—Housing and Neighborhood Preservation C. POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTIGATIVE REVIEW PANEL Regina Hilliard, Director—Human Resources Deputy Chief Patrick Gallagher—Police II. CITY COUNCIL DISCUSSION A. CARES ACT FUNDING III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW CITY COUNCIL SPECIAL FORMAL SESSION V. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer - City Council Chamber- 6:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ROLL CALL OF CITY COUNCIL C. MINUTES 1. INFORMAL and FORMAL SESSIONS July 14, 2020 D. PUBLIC COMMENT 1. REFERENDUM re DISTRICT-BASED VOTING FOR SEVEN (7) CITY COUNCIL DISTRICT REPRESENTATIVES E. PUBLIC HEARING 1. NON-EXCLUSIVE FRANCHISE Kitty Hawk Wind,LLC F. SPECIAL SESSION AGENDA 1. CONSENT AGENDA G. ORDINANCES 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five (5)years with Virginia Museum of Contemporary Art (MOCA) for City-Owned property at 2200 Parks Avenue 2. Ordinances to AMEND City Code Sections: a. 5-501 re increased length and weigh limit of a tether for dogs b. 17-5, 23-31, and 23-32 re increase value threshold for petit larceny c. 38-1 re terminology for concealed weapons (replace "slingshot"with "sling bow", and correct a typographical error) 3. Ordinance to AMEND City Code Chapter 23 re illicit sexual activity H. PLANNING 1. MELISSA & PAUL VENABLE, KEVIN & ELIZABETH BAUM/WILLIAM WARNOCK for a Change of Nonconformity re expand second story and add a new roof to an existing duplex at 213 & 215A 69th Street DISTRICT 4—LYNNHAVEN RECOMMENDATION: APPROVAL 2. CHURCH OF THE ASCENSION/THE ROMAN CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions re build a one-story administrative office at 4853 Princess Anne Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 3. VOGUE LASHES & SPA/LASKIN ROAD,LLC for a Conditional Use Permit re tattoo parlor at 933 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. INKCREDIBLE TATTOO,LLC/DAM NECK CROSSING,LLC for a Conditional Use Permit re tattoo parlor at 1630 General Booth Boulevard, Suite 112 DISTRICT 7— PRINCESS ANNE RECOMMENDATION: APPROVAL 5. EMMANUEL B. PLATON/METRO HOLDINGS,LLC for a Conditional Use Permit re automotive repair garage at 5044 Cleveland Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. RYCHAE LYNEA REED/JOAQUIN V. CASTRO for a Conditional Use Permit re family day-care home at 1674 Dylan Drive DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 7. LORNA C. DONATONE, QPRT/SCOTT & KATHERINE MORIN for a Conditional Use Permit re community boat dock at 1421 & 1423 Blue Heron Road DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 8. LINDA M. ADDISON for a Conditional Use Permit re home-based wildlife rehabilitation at 1717 Dancers Court DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 9. CITY OF VIRGINIA BEACH—Ordinance to AMEND Section 201 of the City Zoning Ordinance (CZO)re setbacks for inground pools adjacent to the Atlantic Ocean REQUEST FOR INDEFINITE DEFERRAL I. UNFINISHED BUSINESS J. NEW BUSINESS VI. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to pmcgraw(a,vbgov.com or call 385-4303. �,,`Gtt.„A BEAc,,, Q4 G 'G� City of Virginia Beach ik --4W— / !.` OUR NPll�✓ Nr4V`''r 'MVO.%.com ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 2345E-9000 (757)385-4581 FAX(757)385-5699 July 16, 2020 BDYERGDVBGOV.COM HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION MEETING of the VIRGINL4 BEACH CITY COUNCIL Tuesday,July 21,2020 6:00 P.M. City Council Chamber Building 1, City Hall,2nd Floor 2401 Courthouse Drive This SPECIAL FORMAL SESSION will follow the regularly scheduled City Council Workshop, which starts at 2:00 P.M The purpose of this SPECIAL FORMAL SESSION is for the City Council to consider the items listed on the published Agenda.Additionally,the City Council will introduce the new City Manager Patrick A.Duhaney,and recognize the retiring Acting City Manager Thomas Leahy. Citizens may comment either in person or virtually. If you would like to speak in person,please call the City Clerk's office at 757-385-4303 to sign up. Be advised that there is limited seating available in the City Council Chamber to ensure social distancing, as recommended by the CDC. Ifyou wish to make comments virtually on a public hearing or planning item,please follow the two-step process provided below: •Register for the WebEx at: http.s://vbgay.ltc/),.t.t unt/vvbgovionstage%.php?MTID=e8ad9(d 6412 7eaf2lafe dacc53206IccI27 •Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnes(i)a,vbgov.com prior to 5:30 p.m. on July 21, 2020 This Special Formal Session will be broadcast on cable tv, www.vbgov.com and Facebook Live. Citizens are encouraged to submit their comments to the City Council prior to the Special Meeting via email at CitvCouncil(ii vbgov.com. Sincerely, Robert M. Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 2:00 PM A. COVID-19 PUBLIC SAFETY UPDATE Dr. Demetria Lindsay, Director—Virginia Beach Public Health Erin Sutton, Director—Office of Emergency Management Steve Cover, Deputy City Manager B. EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE Andrew Friedman, Director—Housing and Neighborhood Preservation C. POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTIGATIVE REVIEW PANEL Regina Hilliard, Director—Human Resources Deputy Chief Patrick Gallagher—Police II. CITY COUNCIL DISCUSSION A. CARES ACT FUNDING III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW CITY COUNCIL SPECIAL FORMAL SESSION V. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer - City Council Chamber- 6:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ROLL CALL OF CITY COUNCIL C. MINUTES 1. INFORMAL and FORMAL SESSIONS July 14, 2020 D. PUBLIC COMMENT 1. REFERENDUM re DISTRICT-BASED VOTING FOR SEVEN (7) CITY COUNCIL DISTRICT REPRESENTATIVES 'i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Requesting the Circuit Court to Order that a Referendum Election Be Held on November 3, 2020 on the Question of Whether the Members of City Council Who Represent Each of the City's Seven Residence Districts Should Be Elected on a District-Basis Rather than an At-Large Basis PUBLIC HEARING DATE: July 21, 2020 MEETING DATE FOR POTENTIAL VOTE: July 28, 2020 • Background: In 1966, the General Assembly amended the City Charter to provide that the City Council "shall consist of eleven members, one to be elected by the city at large from among the residents of the seven boroughs and four to be elected by and from the city at large." Subsequent charter revisions substituted the term "districts" for "boroughs" and provided that the mayor shall be directly elected by the voters, but no change has been made to the requirement that all councilmembers be elected on an at- large basis. • Considerations: District-based voting systems could enhance councilmembers' accountability to district residents, would better ensure that district members represent the interest of their district constituents, and could also reduce campaign costs which would lessen a barrier faced by potential candidates who otherwise would need to finance a City-wide campaign. A change to district-based voting could result in a more diverse City Council that better reflects the changing demographics of the City. The City Charter authorizes the City Council to request an advisory referendum initiated by a resolution to the circuit court. Historical data show that the highest level of voter turnout occurs during presidential elections, when both houses of Congress are also on the ballot. Higher turnout would provide City Council with a more reliable indicator of the will of Virginia Beach citizens than if the referendum were held in a year without such an election. Accordingly, the resolution requests that an advisory referendum election be held on November 3, 2020. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution and Ordinance ("Exhibit A"). Requested by Councilmember Abbott REQUESTED BY COUNCILMEMBER ABBOTT 1 A RESOLUTION REQUESTING THE CIRCUIT COURT TO 2 ORDER THAT A REFERENDUM ELECTION BE HELD ON 3 NOVEMBER 3, 2020 ON THE QUESTION OF WHETHER 4 THE MEMBERS OF CITY COUNCIL WHO REPRESENT 5 EACH OF THE CITY'S SEVEN RESIDENCE DISTRICTS 6 SHOULD BE ELECTED ON A DISTRICT-BASIS RATHER 7 THAN AN AT-LARGE BASIS 8 9 WHEREAS, in 1966, the General Assembly adopted an Act of Assembly that 10 amended the City Charter to provide that the City Council "shall consist of eleven 11 members, one to be elected by the city at large from among the residents of the seven 12 boroughs and four to be elected by and from the city at large;" and 13 14 WHEREAS, subsequent charter revisions substituted the term "districts" for 15 "boroughs" and provided that the mayor shall be directly elected by the voters, but no 16 change has been made to the requirement that all councilmembers be elected on an at- 17 large basis; and 18 19 WHEREAS, in 1994, a referendum election was held in which a majority of voters 20 supported a charter change to require that the seven districts be of roughly equal 21 population and that district members be elected on a district basis rather than by all of the 22 City's voters; and 23 24 WHEREAS, in 1995, the General Assembly amended the City Charter to provide 25 for roughly equal residence districts, but instead of providing for district voting, the charter 26 amendment required a new referendum election on the sole question of whether district 27 members should be elected only by district residents; and 28 29 WHEREAS, in 1996, the new referendum election was held, and a majority of 30 persons voting opposed the proposed change to have district members elected only by 31 district residents; and 32 33 WHEREAS, district-based voting systems could enhance councilmembers' 34 accountability to district residents, would better ensure that district members represent 35 the interest of their district constituents, and could also reduce campaign costs which 36 would lessen a barrier faced by potential candidates who otherwise would need to finance 37 a City-wide campaign; and 38 39 WHEREAS, a change to district-based voting could result in a more diverse City 40 Council that better reflects the changing demographics of the City; and 41 42 WHEREAS, City Charter § 3.05(f) authorizes City Council "[t]o provide for the 43 submission of any proposed ordinance to the qualified voters of the city at an advisory 44 referendum to be initiated by a resolution to the circuit court of the city and held . . . in the 45 manner provided for by law for general elections"; and 46 47 WHEREAS, City Council is of the opinion that a referendum election should be 48 held on this issue during the November 3, 2020 general election because historical data 49 show that the highest level of voter turnout occurs during presidential elections, where 50 both houses of Congress are also on the ballot, and the anticipated higher turnout for 51 such an election would provide City Council with a more reliable indicator of the will of 52 Virginia Beach citizens than if the referendum were held in a year without such an 53 election. 54 55 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 56 OF VIRGINIA BEACH, VIRGINIA: 57 58 1. That, pursuant to § 3.05(f) of the Charter of the City of Virginia Beach, the 59 Circuit Court of the City of Virginia Beach is hereby requested to order an election to be 60 conducted in accordance with Code of Virginia §§ 24.2-682 and 24.2-684 and held on 61 November 3, 2020 to take the sense of the qualified voters of the City on the question of 62 whether the City Council should adopt an ordinance requesting a change to the City 63 Charter that would provide for the election of councilmembers who represent each of the 64 City's seven residence districts only by voters who reside in the respective residence 65 districts, as opposed to the current system of at-large voting. 66 67 2. That the question to appear on the ballot shall read as follows: 68 69 Should the City Council adopt an ordinance requesting a change to 70 the City Charter that would provide for the election of councilmembers 71 who represent each of the City's seven residence districts only by 72 voters who reside in the respective residence districts, as opposed to 73 the current system of at-large voting? 74 75 Yes No 76 77 3. That, if a majority of voters voting at the election approve the question set 78 forth above, any ordinance that may be adopted by the City Council shall be substantially 79 similar to the proposed ordinance attached hereto as "Exhibit A;" 80 81 4. That a copy of the proposed ordinance shall be made available for 82 inspection at the City Clerk's Office, on the City's website, and all public libraries and 83 recreation centers within ten days of the passage of this resolution. Furthermore, the City 84 Clerk shall fax or email a copy of the proposed ordinance to any citizen upon request; 85 and 2 86 87 5. That the City Attorney is hereby directed to file a certified copy of this 88 resolution, along with an appropriate petition and order, with the Circuit Court of the City 89 of Virginia Beach for such an election to be held on November 3, 2020. 90 91 Adopted by the City Council of the City of Virginia Beach, Virginia, this day 92 of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14602 R-2 October 30, 2019 3 EXHIBIT A 1 AN ORDINANCE REQUESTING A CHANGE TO THE CITY 2 CHARTER THAT WOULD PROVIDE FOR THE ELECTION 3 OF COUNCILMEMBERS WHO REPRESENT EACH OF THE 4 CITY'S SEVEN RESIDENCE DISTRICTS ONLY BY 5 VOTERS WHO RESIDE IN THE RESPECTIVE RESIDENCE 6 DISTRICTS, AS OPPOSED TO THE CURRENT SYSTEM 7 OF AT-LARGE VOTING 8 9 WHEREAS, a majority of the qualified voters of the City of Virginia Beach who 10 voted at an advisory referendum held on November 3, 2020, expressed support for City 11 Council's adoption of an ordinance requesting a change to the City Charter that would 12 provide for the election of councilmembers who represent each of the City's seven 13 residence districts only by voters who reside in the respective residence districts. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That City Council hereby requests that the General Assembly amend the City's 19 Charter to provide for the election of councilmembers who represent each of the City's 20 seven residence districts only by the voters who reside in the respective residence 21 districts. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 24 , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14603 R-1 January 4, 2019 E. PUBLIC HEARING 1. NON-EXCLUSIVE FRANCHISE Kitty Hawk Wind, LLC ciao_ .•- ,,,,,,) •••en .,A NOTICE OF PUBUC HEARING The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, July 21, 2020, 6:00 p.m. in the Council Chamber of City Hall(Bldg.1), at the Virginia Beach Municipal Center,regarding the request of Kitty Hawk Wind,LLC to be granted a non- exclusive franchise to use and occupy the City's streets and public rights-of- way for the purposes of constructing and maintaining the company's underground and overhead facilities to support its offshore wind energy project(s)off the coast of Virginia. Any questions concerning this matter should be directed to the Dept of Economic Development,4525 Main Street, Suite 700, Virginia Beach, Virginia 23462, (757) 385-6464, (ecdev@vbgov.com). If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303;Hearing impaired call 711. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: •Register for the WebEx at: httos://vbeov.webex.com/vbeov/ont Cage/g.oh o?MTI D=e8ad9fd64f27eaf 2fafedac53206fcd27 •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbeov.com prior to 5:30 p.m.on July 21,2020 All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:July 12,2020 ' - Sj [ ,.. 0-0.1441, ii CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Granting a Non-exclusive Franchise to Occupy the City's Public Streets and Rights-of-Way to Support the Company's Offshore Wind Energy Project(s) to Kitty Hawk Wind, LLC PUBLIC HEARING DATE: July 21, 2020 MEETING DATE: July 28, 2020 • Background: On August 7, 2018, City Council approved a Resolution supporting the creation of an offshore wind energy industry off the coast of Virginia, and further requested that all state agencies take steps to accelerate the process. On August 6, 2019, City Council approved a Resolution re-affirming its support of offshore wind energy. Avangrid Renewable, LLC and its affiliate, Kitty Hawk Wind, LLC, both Oregon limited liability companies (collectively, "Avangrid"), are developing an offshore wind energy project off the coast of Virginia and North Carolina (the "Project"). In order to meet certain Federal regulations, Avangrid was required to secure the option to purchase land to develop substations for the Project. On December 17, 2019, the City of Virginia Beach Development Authority approved an option for Avangrid to purchase'approximately 30 acres of land in the Corporate Landing Business Park. On February 18, 2020, the City Council (by Ordinance ORD-3613B) approved an option for Avangrid to purchase approximately 20 acres of land in the Princess Anne Commons area of the City. To facilitate and support connectivity of the Project to the future substations, Avangrid has requested a franchise to use the City's public streets and rights-of- way for the purposes of constructing, installing, operating and maintaining its underground and overhead transmission lines, fiber, collection and communication lines, facilities and associated equipment. Virginia Code §67-1100, et seq., sets forth the statutory authority for renewable energy to co-locate its facilities in the City's public streets and rights-of-way. • Considerations: The Ordinance grants Avangrid a non-exclusive 20-year franchise, with two additional 10-year options to renew as agreed to by the City, not to exceed 40 years. Such franchise and renewals shall comply with the terms and conditions set forth in the Summary of Terms attached to the Ordinance. • Public Information: An advertisement inviting additional bids was published in The Virginian-Pilot on May 17 and 24, 2020, in accordance with Virginia Code §15.2-2101. No other bids were received. Staff briefed City Council on June 9, 2020 and the Transition Area ITA Citizens Advisory Committee on June 18, 2020. The public hearing will be advertised in The Virginian Pilot on July 12, 2020, as required by Virginia Code §15.2-1813. The public hearing will be held on July 21, 2020. Public notice will also be provided via the normal City Council agenda process. • Attachments: Ordinance, Summary of Terms, Disclosure Statement Form Recommended Action: Submitting Department: Economic Development City Manager: 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO OCCUPY THE CITY'S PUBLIC 3 STREETS AND RIGHTS-OF-WAY TO SUPPORT 4 THE COMPANY'S OFFSHORE WIND ENERGY 5 PROJECT(S) TO KITTY HAWK WIND, LLC 6 7 WHEREAS, Kitty Hawk Wind, LLC, a Delaware limited liability company 8 ("Avangrid"), desires to use and occupy the City's public streets and rights-of-way for 9 the purposes of constructing, installing, operating and maintaining the company's 10 underground and overhead transmission lines, fiber, collection and communication , 11 lines, facilities and associated equipment to support Avangrid's offshore wind energy 12 project(s) off the coast of Virginia within and through the City; and 13 14 WHEREAS, the City of Virginia Beach (the "City") is agreeable to allowing 15 Avangrid to use the City's public streets and rights-of-way for the aforesaid purposes, 16 subject to the terms and conditions set forth in the summary of terms, attached hereto 17 as Exhibit A and made a part hereof(the "Summary of Terms"). 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That the City Manager is hereby authorized to execute a non-exclusive franchise 23 agreement with Avangrid, in accordance with the Summary of Terms, attached hereto 24 as Exhibit A and made a part hereof, and such other terms, conditions or modifications, 25 as may be acceptable to the City Manager and in a form deemed satisfactory by the 26 City Attorney. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 29 of , 2020. APPROV D AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development City Attorney CA14677 Uvbgov.comldts1\app I icationstcitylaw!cycom 321wpdocs1d0151p035100632706.docx July 8, 2020 R-1 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO OCCUPY THE CITY'S PUBLIC 3 STREETS AND RIGHTS-OF-WAY TO SUPPORT 4 THE COMPANY'S OFFSHORE WIND ENERGY 5 PROJECT(S) TO KITTY HAWK WIND, LLC 6 7 WHEREAS, Kitty Hawk Wind, LLC, a Delaware limited liability company 8 ("Avangrid"), desires to use and occupy the City's public streets and rights-of-way for 9 the purposes of constructing, installing, operating and maintaining the company's 10 underground and overhead transmission lines, fiber, collection and communication 11 lines, facilities and associated equipment to support Avangrid's offshore wind energy 12 project(s) off the coast of Virginia within and through the City; and 13 14 WHEREAS, the City of Virginia Beach (the "City") is agreeable to allowing 15 Avangrid to use the City's public streets and rights-of-way for the aforesaid purposes, 16 subject to the terms and conditions set forth in the summary of terms, attached hereto 17 as Exhibit A and made a part hereof (the "Summary of Terms"). 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That the City Manager is hereby authorized to execute a non-exclusive franchise 23 agreement with Avangrid, in accordance with the Summary of Terms, attached hereto 24 as Exhibit A and made a part hereof, and such other terms, conditions or modifications, 25 as may be acceptable to the City Manager and in a form deemed satisfactory by the 26 City Attorney. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 29 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6,tr/) Economic Development City Attorney CA14677 \\vbgov.com41$11applicationslcitylaw\cycom321wpdocs\d0151p035\00632706.docx July 8, 2020 R-1 EXHIBIT A KITTY HAWK WIND, LLC FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and Kitty Hawk Wind, LLC ("Avangrid") Term: Initial term of twenty (20) years, with two (2) additional renewal terms of ten (10) years each, maximum forty (40) years. Fee: $1,500 per mile or any portion thereof over which the facilities are installed in the City's rights-of-way; allowed under Va. Code §67-1103, as amended or pre-empted by federal law. Location: Company will purchase real property within the City for potential project(s). The location of facilities installed within the City's rights-of-way is anticipated to connect a location off the coast of Sandbridge Beach to the real property that Company eventually purchases. Relocation: Avangrid is solely responsible for paying the cost of removal or relocation of its facilities if a public project necessitates their removal or relocation. Special Consideration: City acknowledges that the facilities to be installed include high voltage electrical cabling and lines. The City agrees to take the unique nature of such facilities into consideration when coordinating relocation and removal of such facilities. Termination: Avangrid must remove its facilities upon termination of the franchise or City may allow facilities to remain in place and take ownership. Insurance: Commercial General Liability (min. $2 million); Automobile Liability (min. $1 million); Pollution Liability Insurance ($1 million). Alternatively, may have $5 million umbrella coverage. Surety: $25,000 letter of credit and $50,000 surety bond OR $75,000 surety bond Virginia Beach APPLICANT'S NAME Kitty Hawk Wind, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board 1 Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, • SECTION 1 / APPLICANT DISCLOSURE i FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning,Commission and Cit. Council meetin that ertains to the a; . lication(s). El APPLICANT NOTIFIED OF HEARING DATE: XNO CHANGES AS OF DATE: 9/06 Q REVISIONS SUBMITTED DATE: INAB Virginia Beach I71 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Kitty Hawk Wind, LLC If an LLC, list all member's names: Avangrid Renewables, LLC If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Avangrid, Inc.; Avangrid Renewables Holdings, Inc.; Avangrid Renewables, LLC; Iberdrola, S.A. in addition to other affiliates that own single energy projects or operate in other countries and are not material to operations of Kitty Hawk, LLC. See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: City of Virginia Beach If an LLC, list the member's names: Page 2 of 7 (Tnj 4 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than p, parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 11/48 APPLICANT 'Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n X Accounting and/or preparer of your tax return n Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Xn Engineers / Surveyors/ Agents See attached list Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Xn Legal Services See attached list Real Estate Brokers / n\f Agents/Realtors for current and I/ anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have M an interest in the subject land or any proposed development ICI contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? To the best of Applicant's knowledge no city official has an interest in this action. Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Craig Poff, Director of DevelopmE 05/06/20 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 1/13 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) nn Accounting and/or preparer of your tax return nArchitect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Eln Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I I Legal Services Real Estate Brokers / n n Agents/Realtors for current and ` ► I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Disclosure Addendum Legal Services Williams Mullen—Steve Romine Parker Poe—Jake Parrott Latham &Watkins—Tommy Boudreau Engineers/Surveyors/Agents— Mott Macdonald—Elena Tomadockis Kimley Horn—Randall Royal Tetra Tech—Nathalie Schils Timmons Group—Mike Powell Terrasond Ltd—Scott Croft SEARCH—Jeff Enright Geoterra—Brett Hazel Survey& Mapping, Inc.—Alan Siler APEM—Stuart Clough F. SPECIAL SESSION AGENDA 1. CONSENT AGENDA G. ORDINANCES 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five (5)years with Virginia Museum of Contemporary Art (MOCA) for City-Owned property at 2200 Parks Avenue 2. Ordinances to AMEND City Code Sections: a. 5-501 re increased length and weigh limit of a tether for dogs b. 17-5, 23-31, and 23-32 re increase value threshold for petit larceny c. 38-1 re terminology for concealed weapons (replace "slingshot"with "sling bow", and correct a typographical error) 3. Ordinance to AMEND City Code Chapter 23 re illicit sexual activity / c4. ^yeti,:'; _= ti1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to Five Years with Virginia Museum of Contemporary Art ("MOCA") for City-owned Property Located at 2200 Parks Avenue PUBLIC HEARING DATE: July 14, 2020 MEETING DATE: July 21, 2020 • Background: The City of Virginia Beach (the "City") owns property located at 2200 Parks Avenue (GPIN: 2417-88-0355), consisting of 9.617 acres of land, together with a 38,000 square foot building (collectively, the "Premises"). Since 1986, the City has leased the Premises to the Virginia Museum of Contemporary Art ("MOCA"). This ordinance will renew the lease agreement between the City and MOCA for a period of five years. • Considerations: Rent would be one dollar ($1.00) per year. The terms and conditions of the lease are set forth in the Summary of Terms attached to the Ordinance. • Public Information: A public hearing will be advertised on July 5, 2020 in The Virginian-Pilot. The public hearing will be held on July 14, 2020. Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve lease as presented, change terms of the lease or deny leasing the subject premises. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management City Manager: �/M,L... 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP 3 TO FIVE YEARS WITH VIRGINIA MUSEUM OF 4 CONTEMPORARY ART ("MOCA") FOR CITY- 5 OWNED PROPERTY LOCATED AT 2200 6 PARKS AVENUE 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 9.617 acres of 9 land and a 38,000 square foot building located at 2200 Parks Avenue (GP1N: 2417-88- 10 0355) (collectively, the "Premises"); 11 12 WHEREAS, the Virginia Museum of Contemporary Art ("MOCA") has leased the 13 Premises from the City since 1986 for the operation of its art museum; 14 15 WHEREAS, MOCA desires to renew its lease agreement with the City for the 16 Premises; and 17 18 WHEREAS, the City staff has determined that continuing to lease the Premises 19 to MOCA will benefit the community by providing a cultural experience to both residents 20 and tourists. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager, or his designee, is hereby authorized to execute a lease 26 for up to five years between the Virginia Museum of Contemporary Art and the City of 27 Virginia Beach for the Premises, in accordance with the Summary of Terms attached 28 hereto as Exhibit A and made a part hereof, and such other terms, conditions or 29 modifications as may be acceptable to the City Manager and in a form deemed 30 satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 33 , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: O'Li e itigt-I toy,/ Public VVori—jsklcii34gement City Attorney CA 14869 \'wbgov.com\dfs 1\applicationslcitylaw\cycom32\wpdocs1d0251p032\00647273.docX R-1 June 29, 2020 EXHIBIT A SUMMARY OF TERMS LEASE FOR THE USE OF 9.617 ACRES OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON LESSOR: City of Virginia Beach (the "City") LESSEE: Virginia Museum of Contemporary Art ("MOCA") PREMISES: Approximately 9.617 acres of City-owned property located at 2200 Parks Avenue (GPIN: 2417-88-0355), which includes a 38,000 square foot facility, known as Virginia Museum of Contemporary Art TERM: May 1, 2020 through April 30, 2025 RENT: One Dollar ($1.00) Per Year RIGHTS AND RESPONSIBILITIES OF THE MOCA: • Use the Premises for art exhibits, related special events, receptions, meetings, art classes, and such other activities as will enhance the public's access to art and culture in the City of Virginia Beach, and for no other purpose. • Remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. • Maintain a sign during the term of the Lease, which shall give recognition to the City as a principal in the ownership and establishment of the Premises. • Maintain commercial general liability insurance with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City as an additional insured. • Assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. 1 • Pay all taxes assessed and due on the Premises, should the current exemption cease to apply to Lessee. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks, and landscaping. • Provide payment for all water, sewer, and stormwater utility costs and fees. • City may access the Premises at reasonable times, during normal business hours, for the purpose of inspecting or repairing the Premises; however, no notice need be given in the event of an emergency. TERMINATION: In the event of a default by the Lessee, Lessee has 45 days after written notification from the City in which to cure the default. If not cured, the City may terminate the Lease. 2 i --"-- - -----,„7 24im 24n7 F 840 o ---...,..„..„ -, 2 410 ..-- ,rtilkir , 550 --..‹ 2 403 -,.-,- , -- ------"-- 11" 836 832 83C LOCATION MAP .....— rfri. i (2200 Parks Avenue/GPIN: 2417-88-0355) -- -0---------- 2411151 .- __ .... „ 540 US 1 \74 ill -4 9 ft 816 726 728 k cl L. 809 _. c , 70: 707 705 526 711 709 /L. czo '1 .ii/ *.'19.>"-/..„..4 737 717 715 3 r , D 520 2 i , alifi 1/86 - 2 836 ' a 3 832 824 820 812 t _ A 512 804 *22NO S T • -- 736 740 730-B 5?4:1 504-202 41;;411 k 2200 --,r --t, • .P .„,-.. 50o 5 Contemporary c,00-202 862 864 729 ,0-203 856 Art Center i ot Virginia -0 c _ 0 \ ..„ --,.. t ------- ------,. • md ____---------'--- ...,„„ .. 890 0 11..,,c ..... ...„,...-------- 878 "T /Am -- s66 - --- 854 atAch 00 „ .----- _-_--------y , r(VAB F.Di C, r 1 . _ _ 219948/11 , --0 899 „- 08 887 871 268 - - Simmer --,--------- .- - 100 I „-- .---- nallfetio n„----° ,,--- .„-- .... ..... .. Esri. HERE. Garmin. FAO. NOAA. USGS. EPA. NI A / Virginia Beach APPLICANT'S NAME Vi r9 1nla. P useccnL o-F Fort f-ern po ra.ry DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • 4, The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY 1 All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannina Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE: Ej REVISIONS SUBMITTED DATE: _ • _ n A 7t� y � zE y S z 3 atT . Check here if the APPLICANT IS NOT a corporation, partfhership;firm; business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: V Vr' r."` Cr\ySt=uI'm c,c C ""\}e-r'R6t-c\s"1 If an LLC, list all member's names: k<'t` If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 ® SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. E Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:_ l b Vl rq i n is r " ac1� If an LLC, list the member's J names: Page 2 of 7 t 74- +.s '4 ` + . � .� _� ar kt_ "*.. xss2r'1T -'• _� r,.x a ,�. +� ,.� :..c dl 7r S 2° ..t i F .� � a cTr t�s T4 4_ic 4Y M L f7 ter" . z v a3. i �f �,�r x :. n Virginia If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 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. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or anv business operating or to be operated on the Property_. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 ,.__. -... 14 k $' �.y.., .. •, APPLICANT ru Beac1i • YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return IT Architect/Landscape Architect/ Land Planner a Contract Purchaser(if other than the Applicant) -identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) EConstruction Contractors Engineers/Surveyors/Agents Financing(include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property ♦ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development Nil contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? wo o we Ver Jere1 y c2 (4 IN�,a vta. eYJ Ron wi,licarr s) is 1t +e i as a TrccS-fee.._ �-� M0GA Page 4 of 7 ' � tes` u ': ' sib sna `" = '�-rn�4; e ' "n "f w ti. tima ' I 4 " f P 4 .* ' - 4-�'', ,. , - `,- - • M fr' '.+v L• t-YS" "S.Tt3V' 14,1111 t V 1 ... CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Annlir,tinn APP 'S SI RE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Architect / Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers /Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 XB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Apalication. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Name Come an Address Email Phone S use. EXECUTIVE BOARD Scott Duncan The Capital Group Companies 701 Linkhorn Drive, scottduncan701@icloud.com 757-491-3161; Christina Duncan Chairman -Retired Senior Vice President Virginia Beach,VA 23451 757-670-4949(W) /General Manager Andrew Stello PRA Group-Vice President, 5712 Meer Street, astello@portfoliorecovery.com 757-641-7722(M); Elizabeth Stello Vice Chair Core Acquisitions Virginia Beach,VA 23451 757-961-3531 (W) Eden Jones Atlantic Shores-General 372 Dorsey Lane, 757-406-3336(M) Treasurer Manager/CFO Virginia Beach,VA 23451 ebj@otrera-enterprises.com Nicole Naidyhorski Kaufman and Canoles- 2416 Timber Mist, njnaidy@gmail.com; 757-589-9244; 757- Secretary Marketing Director Virginia Beach,VA 23456 njnaidyhorski@kaufcan.com 624-3295(W) Andrew Hodge Union Bank&Trust-Senior 3756 Little Neck Point, 703-216-8321 Kirsten Hodge Immediate Past Chair Vice President and Market Virginia Beach,VA 23452 Executive Andrew.Hodge@atlanticunionbank.com Meredith Rutter Rutter Family Art Foundation, 1913 Lynn Cove Lane, mamrutter@gmail.com; 757-481-3588 Brother Rutter At-Large Philanthropist Virginia Beach,VA 23454 meredithrutter@me.com Vanessa Yearick Williams Mullen, PC,Partner 901 Holladay Point, vyearick@williamsmullen.com; 757-473-5318(W) Will Yearick At-Large Virginia Beach,VA 23451 vanessayearick@gmail.com TRUSTEES .:. Connie McKenzie Stockmeier Senior Associate Vice 752 Virginia Dare Drive, mckenzcl@evms.edu 757-965-8500(W) David Stockmeier President,Deveplment,EVMS Virginia Beach 23451 Mark Nelson Cavanaugh Nelson, PLC 999 Waterside Drive,Ste. Mark@cavanaughnelson.com 757-578-4900(W) Ann Nelson 2250,Norfolk,VA 23510 Cynthia Rodriguez Bay Mechanical,Inc. 3116 Inlet Road, cindyr@baymechanical.com 757-754-3675; Rod Rodriguez Virginia Beach,VA 23454 757-496-3515 Petra Snowden Acoustical Sheet Metal 3812 Whispering Oaks Place, petra.snowden@gmail.com 757-460-3149(H); Dieter Steinhoff Virginia Beach,VA 23455 757-839-2020(M) Larissa Trinder Children's Hospital of the 1510 N Shore Drive, larissatrinder@me.com 757-489-7753(H); Kenneth Trinder King's Daughters Norfolk,VA 23505 757-668-8478(W) Hobie Whitmore TowneBank-Managing 311 48th Street, Hobie.whitmore@raymondjames.com; (757)962-7541 (W) Melissa Lexier Partner Virginia Beach,VA 23451 hmcj5@me.com Ronald Williams City of Virginia Beach-Deputy 434 Carolina Avenue,Virginia rilliams@vbgov.com 757 321-0468(H) City Manager Beach,VA 23451 Andrew Dreps Associate,Anderson& 209 C 81st Street drepsan@gmail.com 757-287-2571 (M) Pittman,PC Virginia Beach,VA 23451 Jeffrey Fine Broadcast&Digital Media 1352 Windsor Point Road jeff.fine@whro.org 757-889-9332(M) Officer,WHRO Norfolk,VA 23509 Kiran Karande Associate Dean and Professor 2013 Constant Hall 757-683-5397(W) of Marketing-ODU University Norfolk VA 23529 kkarande@odu.edu John Katsias President,The Katsias 309 46th Street jk@katsias.com 757-425-2738(W) Staci Katsias Company Virginia Beach,VA 23451 Ryan McGinness Artist New York City,New York ryan@ryanmcginness.com (646)346-3709(M) Anne Fleder 6105 Ocean Front Ave (757)621-1821 Lawrence Fleder Virginia Beach,VA 23451 pbjanne@aol.com Pail Battaglia Clark Nexsen 4525 Main Street,Suite 1400 (757)961-7749 Laura Battaglia Virginia Beach,VA 23462 pbattaglia@clarknexsen@aol.com HONORARY TRUSTEES Jane P. Batten 8104 Oceanfront Avenue, jbatten@cox.net 757-481-9532 Virginia Beach,VA 23451 Uschi Butler 29 Rancho Manana,A,Santa 757-428-1150 William Butler Fe,NM 87506 William T.Campbell 108 69th Street,Virginia Wcambe1l3@cox.net 757-425-1285 Margaret Campbell Beach,VA 23451 Barbara Fine 6810 Ocean Front Ave, 757-339-2501 (M); Andrew Fine Virginia Beach,VA 23451 757 422-1568 ext.312 barbarafine@mac.com (W) Janyth G.Fine 6812 Ocean Front Ave., janythf@yahoo.com 757-428-6122(H); Morris Fine Virginia Beach,VA 23451 757-422-1678(W) Barbara Fleming 900 Fleet Drive,#395,Virginia bhfleming@cox.net 757-716-2789 Beach,VA 23454 Suzanne T.Mastracco P.O. Box 3697,Norfolk,VA vmastracco@cox.net 757-622-0275(H); Vince Mastracco 23514 757-472-7272(M) Valerie Neff 2316 Mariner's Mark Way# vneff@cox.net 757-620-8776 403,Virginia Beach,VA 23451 Edward Power 218 86th Street,Virginia Marguerite Power Beach,VA 23451 Rod Rodriguez 3116 Inlet Road,Virginia 757-496-3515;757- Cindy Rodriguez Beach,VA 23454 754-6322(M) James H.Spruance 200 78th Street,Virginia jhspruance@cox.net 757-646-1225 Beach,VA 23451 Robert Stein 226 66th Street,Virginia cookestein@gmail.com 757-650-1610 Beach,VA 23451 Linda S.Taylor 4400 Ocean Front Avenue, jktaylor@aol.com 757-428-6589;757- Virginia Beach,VA 23451 _ 777-7642(M) ix:', CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Virginia Beach City Code § 5-501 Pertaining to Tethering Dogs MEETING DATE: July 21, 2020 ■ Background: Earlier this year, the General Assembly approved changes to the state law regarding tethering dogs. Among other things, the General Assembly increased the required length of a tether and imposed a weight limit on tethers. • Considerations: This ordinance amends the corresponding City Code provision so the City Code will be consistent with revised state law. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police WI City Manager: L, 1 AN ORDINANCE TO AMEND SECTION 5-501 2 OF THE CITY CODE PERTAINING TO 3 TETHERING DOGS 4 5 SECTION AMENDED: § 5-501 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 5-501 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 5-501. -Adequate space for animals; time restriction on tethering dogs. 13 (a) It shall be unlawful to fail to provide any animal with adequate space. 14 "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, 15 lie, turn about, and make all other normal body movements in a comfortable, normal 16 position for the animal and (ii) interact safely with other animals in the enclosure. 17 18 (b) When a dog is tethered, "adequate space" means a tether that permits 19 the above actions and is appropriate to the age and size of the dog. The tether must 20 be attached to the dog by a properly applied collar, halter, or harness configured so as 21 to protect the dog from injury and prevent the dog or the tether from becoming 22 entangled with other objects or dogs, or from extending over an object or edge that 23 could result in the strangulation or injury of the dog. Furthermore, the tether must be at 24 least fifteen (15) feet in length, or three (3} four (4) times the length of the dog, as 25 measured from the tip of its nose to the base of its tail, whichever is greater, except 26 when the dog is being walked on a leash or is attached by a tether to a lead line or 27 when an animal control officer, having inspected an animal's individual circumstances, 28 has determined that in such an individual case, a tether of at least ten (10) feet or three 29 (3) times the length of the animal, but shorter than fifteen (15) feet or four (4) times the 30 length of the animal, makes the animal more safe, more suited, and better equipped to 31 tolerate its environment than a longer tether. The tether shall not, by its material, size, 32 or weight or any other characteristic, cause iniury or pain to the animal; shall not weigh 33 more than one-tenth of the animal's body weight; and shall not have weights or other 34 heavy obiects attached to it. The walking of an animal on a leash by its owner shall not 35 constitute the tethering of the animal for the purpose of this definition. When freedom 36 of movement would endanger the dog, temporarily and appropriately restricting 37 movement of the dog according to professionally accepted standards is considered to 38 be provision of adequate space. 39 40 (c) It shall be unlawful for any dog to be tethered for more than one (1) hour, 41 cumulatively in any twenty-four-hour period. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City Attorney's Office CA15111 R-1 July 7, 2020 e [ „*,•..." fd° CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Virginia Beach City Code §§ 17-5, 23-31, and 23-32 Pertaining to Petit Larceny MEETING DATE: July 21, 2020 • Background: Earlier this year, the General Assembly approved changes to the state law which increases the value threshold when a crime rises from petit larceny to grand larceny from $500.00 to $1,000.00. • Considerations: This ordinance amends the corresponding City Code provisions so the City Code will be consistent with the revised state law. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police t ' iiaza' City Manager: TAIL, 1 AN ORDINANCE TO AMEND SECTIONS 17-5, 23-31 2 AND 23-32 OF THE CITY CODE PERTAINING TO 3 PETIT LARCENY 4 5 Sections Amended: §§ 17-5, 23-31 and 23-32 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 17-5, 23-31 and 23-32 are hereby amended to the Code of the City 11 of Virginia Beach, Virginia to read as follows: 12 13 Sec. 17-5. - Concealment of book or other property while on premises of library; 14 removal of book or other property from library. 15 Whoever, without authority, with the intention of converting to his own or another's 16 use, willfully conceals a book or other property valued at less than five hundred dollar; 17 ($500.00)one thousand dollars ($1,000.00) from any public library or any of its branches, 18 mobile units or collections, while still on the premises of such library or facility, or willfully 19 or without authority removes any book or other property valued at less than five hundred 20 dollars ($500.00) one thousand dollars ($1,000.00) from any of the above libraries, 21 facilities, or collections, shall be deemed guilty of petit larceny, which is punishable as set 22 forth in City Code section 23-31. Proof of the willful concealment of such book or other 23 library property while still on the premises of such library or facility shall be prima facie 24 evidence of intent to commit larceny. 25 . . . . 26 Sec. 23-31. - Petit larceny. 27 (a) Any person who: 28 (1) Commits larceny from the person of another of money or other thing of value of 29 less than five dollars ($5.00), or 30 (2) Commits simple larceny not from the person of another of goods and chattels of 31 the value of less than five hundred dollars ($500.00) one thousand dollars 32 ($1,000.00), shall be deemed guilty of petit larceny, which shall be punishable as 33 a Class 1 misdemeanor. Upon a second conviction of petit larceny, the court shall 34 order participation in a local alcohol safety action program or substance abuse 35 screening in accordance with the provisions of section 19.2-299.2 of the Code of 36 Virginia. 37 (b) Any person convicted of an offense under this section, when it is alleged in the 38 warrant or information on which such person is convicted, and admitted, or found by 39 the jury or judge before whom such person is tried, that such person has been before 40 sentenced in the United States for any offense deemed to be larceny by the law of 41 the sentencing jurisdiction, shall be confined in jail not less than thirty (30) days nor 42 more than twelve (12) months. 43 Sec. 23-32. - Shoplifting. 44 (a) Whoever, without authority, with the intention of converting goods or merchandise to 45 his own or another's use without having paid the full purchase price thereof, or of 46 defrauding the owner of the value of the goods or merchandise: 47 (1) Willfully conceals or takes possession of the goods or merchandise of any store 48 or other mercantile establishment, or 49 (2) Alters the price tag or other price marking on such goods or merchandise, or 50 transfers the goods from one container to another, or 51 (3) Counsels, assists, aids or abets another in the performance of any of the above 52 acts, shall be deemed guilty of larceny and, upon conviction thereof, shall be 53 punished as hereinafter provided. The willful concealment of goods or 54 merchandise of any store or other mercantile establishment, while still on the 55 premises thereof, shall be prima facie evidence of an intent to convert and 56 defraud the owner thereof out of the value of the goods or merchandise. 57 (b) Any person convicted for the first time of an offense under this section, when the 58 value of the goods or merchandise involved in the offense is less than five hundred 59 dollars ($500.00) one thousand dollars ($1,000.00), shall be punished as for a Class 60 1 misdemeanor. 61 (c) Any person convicted of an offense under this section, when the value of the goods 62 or merchandise involved in the offense is less than five hundred dollars ($500.00) 63 one thousand dollars ($1,000.00), and it is alleged in the warrant or information on 64 which such person is convicted, and admitted, or found by the jury or judge before 65 whom such person is tried, that such person has been before convicted in the 66 Commonwealth of Virginia for a like offense, regardless of the value of the goods or 67 merchandise involved in the prior conviction, or for a violation of section 18.2-95 or 68 section 18.2-96 of the Code of Virginia or section 23-31 of this Code, shall be confined 69 in jail not less than thirty (30) days nor more than twelve (12) months. 70 (d) Any person who has been convicted of violating the provisions of this section shall 71 be civilly liable to the owner for the retail value of any goods and merchandise illegally 72 converted and not recovered by the owner, and for all costs incurred in prosecuting 73 such person under the provisions of this section. Such costs shall be limited to actual 74 expenses, including the base wage of one employee acting as a witness for the 75 prosecution, and suit costs. The total amount of allowable costs granted hereunder 76 shall not exceed two hundred fifty dollars ($250.00), excluding the retail value of the 77 goods and merchandise. 78 (e) A merchant, agent or employee of the merchant, who causes the arrest of any 79 person pursuant to the provisions of this section shall not be held civilly liable for 80 unlawful detention, if such detention does not exceed one hour, slander, malicious 81 prosecution, false imprisonment, false arrest or assault and battery of the person so 82 arrested, whether such arrest takes place on the premises of the merchant or after 83 close pursuit from such premises by such merchant, or the merchant's agent or 84 employee; provided that, in causing the arrest of such person, the merchant, agent 85 or employee of the merchant, had, at the time of such arrest, probable cause to 86 believe that the person had shoplifted or committed willful concealment of goods or 87 merchandise. For the purposes of this subsection, "agents of the merchant" shall 88 include attendants at any parking lot owned or leased by the merchant, or generally 89 used by customers of the merchant through any contract or agreement between the 90 owner of the parking lot and the merchant. 91 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ri Police Department City Aft rney's Office CA15112 R-1 July 7, 2020 r, .gF''.7 f� .A ( J, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 38-1 of the City Code Pertaining to Carrying Concealed Weapons MEETING DATE: July 21, 2020 • Background: Earlier this year, the General Assembly approved changes to the state law regarding concealed weapons. The General Assembly replaced the word "slingshot" with "sling bow." • Considerations: This ordinance amends the corresponding City Code provision so the City Code will be consistent with the revised state law. This amendment also corrects typographical errors regarding alternative spellings of the term, "nunchaku." • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police t/75N 6 6 4 ) i City Manager: 7 ML, 1 AN ORDINANCE TO AMEND SECTION 38-1 2 OF THE CITY CODE PERTAINING TO 3 CARRYING CONCEALED WEAPONS 4 5 SECTION AMENDED: § 38-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 38-1 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 13 Sec. 38-1. - Carrying concealed weapons. 14 15 (a) If any person carries about his person, hidden from common observation, (i) any 16 pistol, revolver, or other weapon designed or intended to propel a missile of any kind 17 by action of an explosion of any combustible material, (ii) any dirk, bowie knife, 18 switchblade knife, ballistic knife, machete, razor, slingshot sling bow, spring stick, 19 metal knucks, or blackjack, (iii) any flailing instrument consisting of two (2) or more 20 rigid parts connected in such a manner as to allow them to swing freely, which 21 instrument may also be known as a nunchuck, nunchanka, nunchalcu nun chahka, 22 nun chuck, nunchaku, shuriken or fighting chain, (iv) any disc, of whatever 23 configuration, having at least two (2) points or pointed blades which is designed to be 24 thrown or propelled and which may be known as a throwing star or oriental dart, or 25 (v) any weapon of like kind as those enumerated in this section, he shall be guilty of 26 a Class 1 misdemeanor, and such weapon shall be forfeited to the city and may be 27 seized by an officer as forfeited, and such as may be needed for police officers and 28 conservators of the peace shall be devoted to that purpose, and the remainder shall 29 be destroyed by the officer having them in charge. For the purposes of this section, 30 a weapon shall be deemed to be hidden from common observation when it is 31 observable but is of such deceptive appearance as to disguise the weapon's true 32 nature. 33 (b) This section shall not apply to (i) any person carrying a concealed weapon in accord 34 with permission granted by a circuit court pursuant to section 18.2-308 of the Code 35 of Virginia; or (ii) any person otherwise authorized to carry a concealed weapon 36 pursuant to section 18.2-308 of the Code of Virginia. 37 (c) As used in this section: 38 (1) Spring stick means a spring-loaded metal stick activated by pushing a button 39 which rapidly and forcefully telescopes the weapon several times its original 40 length. 41 (2) Ballistic knife means any knife with a detachable blade that is propelled by a 42 spring-operated mechanism. 43 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police De 'a ment City At rney's O ice (jf---- CA15110 R-1 July 6, 2020 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Chapter 23 of the City Code Pertaining to Illicit Sexual Activity MEETING DATE: July 21, 2020 It Background: Earlier this year, the General Assembly approved changes to the state laws regarding illicit sexual activity. The General Assembly repealed the law criminalizing fornication and amended laws concerning adultery and prostitution. The General Assembly previously repealed the law criminalizing lewd and lascivious cohabitation. e Considerations: This ordinance amends and repeals the corresponding City Code provisions so the City Code will be consistent with the revised state law. e Public Information: Public information will be handled through the normal Council agenda process. it Recommendations: Adopt ordinance. as Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police /1)5- City Manager: L-- 1 AN ORDINANCE TO AMEND CHAPTER 23 OF 2 THE CITY CODE PERTAINING TO ILLICIT 3 SEXUAL ACTIVITY 4 5 SECTIONS AMENDED: §§ 23-23, -24, -26, -28 6 and -30.1 7 8 SECTIONS REPEALED: §§ 23-25 and -26.1 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That Sections 23-25 and -26.1 of the Code of the City of Virginia Beach, Virginia 14 are hereby repealed, and sections 23-23, -24, -26, -28 and -30.1, are hereby amended 15 and ordained to read as follows: 16 17 Sec. 23-23. - Adultery generally. 18 19 (a) Any person, being married, who voluntarily shall have sexual intercourse with any 20 person not his or her spouse shall be deemed guilty of adultery. 21 22 (b) , 23 • 24 25 (4 If any person commits adultery or fornication, such person shall be guilty of a Class 26 4 misdemeanor. 27 28 Sec. 23-24. — Sexual intercourse by persons forbidden to 29 marry. 30 31 If any person engages in sexual intercourse with any 32 person whom he or she is forbidden by law to marry, such person shall be guilty of a 33 Class 1 misdemeanor; provided, however, that this section shall not be construed to apply 34 to a person who engages in sexual intercourse with his 35 daughter or granddaughter, or with her son or grandson or with her father or his mother. 36 37 , 38 39 , 40 , 41 , 42 43 Cla.. 1 misdemeanor. 44 45 Sec. 23-26. - Prostitution generally. 46 47 (a) Any person who, for money or its equivalent, ID commits or performs aekAtery, 48 any act in violation of Code of Virginia sections 18.2-361; or 49 18.2-346, orLi")offers to commit or perform any act 50 in violation of Code of Virginia sections 18.2-361; or 18.2-346 and thereafter does any 51 substantial act in furtherance thereof, shall be guilty of being a prostitute, or of prostitution, 52 which shall be a Class 1 misdemeanor. 53 54 (b) Any person who offers money or its equivalent to another for the purpose of 55 committing or performing any sexual act as enumerated above and thereafter does any 56 substantial act in furtherance thereof shall be guilty of solicitation of prostitution and shall 57 be guilty of a Class 1 misdemeanor. 58 59 60 61 62 63 64 > 65 66 67 misdemeanor. 68 69 Sec. 23-28. — Aiding prostitution of illicit sexual intercourse. 70 71 (a) It shall be unlawful for any person or any officer, employee, or agent of any firm, 72 association. or corporation, with knowledge of or good reason to believe the immoral 73 purpose of such visit, to take or transport or assist in taking or transporting, or offer to 74 take or transport, on foot or in any way, any person to a place, whether within or without 75 any building or structure, used or to be used for the purpose of lewdness, assignation or 76 prostitution within this city; or to procure or assist in procuring for the purpose of illicit 77 sexual intercourse, or any act in violation of Code of Virginia sections 18.2-361 or 18.2- 78 348, or to give any information or direction to any person with intent to enable such 79 person to commit an act of prostitution. 80 81 (b) A violation of this section shall constitute a Class 1 misdemeanor. 82 83 Sec. 23-30.1. — Live exhibitions or performances. 84 85 (a) For purposes of this section, the following words and phrases shall be construed as 86 follows: 87 88 Business establishment shall be deemed to include the real property of a business, 89 as well as all appurtenances thereto and buildings thereon, including, but not limited to, 90 the grounds, private walkways and parking lots or garages adjacent thereto which are 91 owned or controlled by the property owner, lessee, or employees or agents thereof. 92 Direct line of sight means the ability to directly view an area without the benefit or 93 assistance of a mirror, video camera or similar aid. 94 Live exhibition or performance means modeling, dancing or any similar activity which 95 involves a person or persons physically performing for the benefit of one or more other 96 persons. 97 Manager's station means any check-out counter, desk, or other place or position 98 where an employee, agent, manager or owner of a business establishment sits or stands 99 or is assigned to sit or stand. 100 Performer means a person engaged in a live exhibition or performance in a business 101 establishment. 102 Person means an individual, proprietorship, partnership, corporation, limited liability 103 company, association, organization, or other legal entity. 104 State of nudity means a state of undress so as to expose the human male or female 105 genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of 106 the female breast with less than a fully opaque covering of any portion thereof immediately 107 below the top of the areola. 108 Viewing area means any area within a business establishment where a live exhibition 109 or performance is taking place. 110 111 (b) The City of Virginia Beach hereby finds and declares that the unregulated practice 112 of live exhibitions or performances in private or semi-private rooms, booths, viewing areas 113 or cubicles within business establishments (i) encourages criminal activities of a sexual 114 nature including, but not limited to, fernication, masturbation, prostitution, public nudity 115 and sodomy, (ii) facilitates sexual liaisons of a casual nature which create unhealthy 116 conditions, and (iii) increases the likelihood that other criminal activities, such as sexual 117 assaults and drug-related offenses, will occur. 118 119 The concern over sexually-transmitted diseases, and the deleterious effect on both 120 existing businesses and surrounding neighborhoods caused by increased crime and the 121 downgrading of property values, demands reasonable regulation of live exhibitions or 122 performances in business establishments which provide such exhibitions or 123 performances in private or semi-private rooms, booths, viewing areas, or cubicles in order 124 to (i) protect the health, safety and welfare of the city's citizens and visitors; (ii) protect 125 citizens and visitors from increased crime; and (iii) preserve the quality of life, property 126 values, the character of surrounding neighborhoods, and the city's tourism industry and 127 other economic interests. 128 129 The intent of this section is not to suppress any activities protected by the First 130 Amendment, but is to enact content-neutral regulations which are specifically designed 131 and intended to prevent the deleterious secondary effects associated with live exhibitions 132 or performances in business establishments which provide such exhibitions or 133 performances in private or semi-private rooms, booths, viewing areas or cubicles. 134 135 (c) It shall be unlawful for any person to maintain or operate for himself or herself, or as 136 an officer, employee or agent, a business establishment where live exhibitions or 137 performances take place, unless the following requirements have been met: 138 139 (1) No viewing area of the business establishment shall be obstructed by 140 curtains, doors, walls, display racks or any other permanent or temporary 141 enclosure or barrier. 142 (2) At least one employee other than the performer must be on duty at all times 143 that any patron, customer or member of the audience is inside the business 144 establishment, and such employee must have a direct line of sight of any viewing 145 area during any live exhibition or performance. 146 (3) In any business establishment which is configured to include a manager's 147 station, there must be an unobstructed view, from the manager's station, of all 148 viewing areas and any other area of the business establishment,except restrooms, 149 to which any patron, customer or member of the audience is permitted access for 150 any purpose. If the business establishment has two(2)or more manager's stations, 151 all viewing areas and any other area of the business establishment, except 152 restrooms, to which any patron, customer or member of the audience is permitted 153 access for any purpose must be visible from at least one of the manager's stations. 154 The view required in this subsection must be by direct line of sight from the 155 manager's station. 156 (4) No performer shall be permitted to touch the breasts, genitals, anus, buttocks 157 or groin of any patron, customer or member of the audience, regardless of whether 158 such parts of the body are fully or partially covered by clothing, or are uncovered. 159 (5) No patron, customer or member of the audience shall be permitted to touch 160 the breasts, genitals, anus, buttocks or groin of any performer regardless of 161 whether such parts of the body are fully or partially covered by clothing, or are 162 uncovered. 163 (6) No sofa, futon, cot, bed, mattress or similar furnishing shall be located in any 164 viewing area or in any other area of the establishment to which patrons, customers 165 or members of the audience are permitted access. 166 (7) No performer shall appear in a state of nudity in the viewing area or in any 167 other area of the establishment to which any patron, customer or member of the 168 audience is permitted access. 169 170 (d) It shall be unlawful for any performer to touch the breasts, genitals, anus, buttocks 171 or groin of any patron, customer or member of the audience, regardless of whether such 172 parts of the body are fully or partially covered by clothing, or are uncovered. 173 174 (e) It shall be unlawful for any patron, customer or member of the audience to touch the 175 breasts, genitals, anus, buttocks or groin of any performer, regardless of whether such 176 parts of the body are fully or partially covered by clothing, or are uncovered. 177 178 (f) Nothing contained in this section shall be construed to apply to the exhibition, 179 presentation, showing or performance of any play, ballet, drama, tableau, production or 180 motion picture in any theater, concert hall, museum of fine arts, school, institution of 181 higher learning or other establishment which is primarily devoted to such exhibitions, 182 presentations, shows or performances as a form of expression of opinion, 183 communication, speech, ideas, information, art or drama. 184 185 (g) Any person who violates any of the provisions of this section shall be guilty of a 186 Class 1 misdemeanor. 187 188 (h) If any subsection, clause or other portion of this section is for any reason held to be 189 invalid or unconstitutional by the decision of any court of competent jurisdiction, such 190 decision shall not affect the validity of the remaining portions of this section. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of — — 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Poli Dg ' ment City Attorney's Office CA15109 R-1 July 6, 2020 H. PLANNING 1. MELISSA & PAUL VENABLE, KEVIN & ELIZABETH BAUM/WILLIAM WARNOCK for a Change of Nonconformity re expand second story and add a new roof to an existing duplex at 213 & 215A 69th Street DISTRICT 4—LYNNHAVEN RECOMMENDATION: APPROVAL 2. CHURCH OF THE ASCENSION/THE ROMAN CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions re build a one-story administrative office at 4853 Princess Anne Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 3. VOGUE LASHES & SPA/LASKIN ROAD,LLC for a Conditional Use Permit re tattoo parlor at 933 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. INKCREDIBLE TATTOO,LLC/DAM NECK CROSSING,LLC for a Conditional Use Permit re tattoo parlor at 1630 General Booth Boulevard, Suite 112 DISTRICT 7— PRINCESS ANNE RECOMMENDATION: APPROVAL 5. EMMANUEL B. PLATON/METRO HOLDINGS, LLC for a Conditional Use Permit re automotive repair garage at 5044 Cleveland Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. RYCHAE LYNEA REED/JOAQUIN V. CASTRO for a Conditional Use Permit re family day-care home at 1674 Dylan Drive DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 7. LORNA C. DONATONE, QPRT/SCOTT & KATHERINE MORIN for a Conditional Use Permit re community boat dock at 1421 & 1423 Blue Heron Road DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 8. LINDA M. ADDISON for a Conditional Use Permit re home-based wildlife rehabilitation at 1717 Dancers Court DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 9. CITY OF VIRGINIA BEACH—Ordinance to AMEND Section 201 of the City Zoning Ordinance (CZO)re setbacks for inground pools adjacent to the Atlantic Ocean REQUEST FOR INDEFINITE DEFERRAL ,...„?..,.v.m„ �s ,41 t r•1 .;'-..SERY'6 F NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building,Municipal Center, Virginia Beach,Virginia,on Tuesday,July 21,2020 at 6:00 p.m.,at which time the following applications will be heard: Melissa&Paul Venable[Applicants]Melissa&Paul Venable,and Kevin& Elizabeth Baum[Owners]Alteration to Existing Nonconformity 213&215A 69th Street(GPINs 24196448890213 & 24196448890215)COUNCIL DISTRICT-LYNNHAVEN Linda M.Addison[Applicant&Owner]Conditional Use Permit(Home-Based Wildlife Rehabilitation Facility)1717 Dancers Court(GPIN 1465508986) COUNCIL DISTRICT-CENTERVILLE Vogue Lashes&Spa[Applicant]Laskin Road,LLC[Owner]Conditional Use Permit (Tattoo Parlor) 993 Laskin Road (GPINs 2418711270 & 24 18 7 10188)COUNCIL DISTRICT-BEACH Church of the Ascension [Applicant] The Roman Catholic Diocese of Richmond [Owner] Modification of Conditions (Religious Use) 4853 Princess Anne Road (GPIN 1476064464) COUNCIL DISTRICT - KEMPSVILLE Emmanuel B.Platon[Applicant]Metro Holdings,LLC[Owner]Conditional Use Permit (Automotive Repair Garage) 5044 Cleveland Street (GPIN 1467846647)COUNCIL DISTRICT-BAYSIDE RyChae LyNea Reed[Applicant]Joaquin V.Castro[Owner]Conditional Use Permit(Family Day-Care Home) 1674 Dylan Drive(GPIN 1465046346) COUNCIL DISTRICT-KEMPSVILLE INKcredible Tattoo, LLC [Applicant] Dam Neck Crossing, LLC [Owner] Conditional Use Permit(Tattoo Parlor) 1630 General Booth Boulevard, Suite 112(GPIN 2415541078)COUNCIL DISTRICT-PRIN(:F'SS ANNE Lorna C.Donatone,QPRT[Applicant]Lorna C.Donatone,QPRT and Scott& Katherine Morin[Owners]Conditional Use Permit(Community Pier)1421 &1423 Blue Heron Road(GPINs 1498584496&1498585310)COUNCIL DISTRICT-LYNNHAVEN CITY OF VIRGINIA BEACH-An Ordinance to amend Section 201 of the City Zoning Ordinance pertaining to setbacks for inground pools adjacent to the Atlantic Ocean Copies of the proposed ordinances,resolutions and amendments are on file and may be examined in the Department of Planning or online at http://www.vbgov_conVoc.For information call 385-4621. If you wish to make comments virtually during the public hearing.please follow the two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/&php?M TI D=e8ad9fd64f27eaf 2fafedac53206fcd27 •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes0vbgov.com prior to 5:30 p.m.on July 21,2020 If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303:Hearing impaired call 711. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:July 5&12,2020-1 TIME EACH. \-\..-----L\ ,,, \------ 00 \\, \------1------ \-------\ RZIRiN E) . -\ \-\\___ , -1_,_\-. \____ r ice' I 13 '---\ \ " R-5R(N E) \\-5-1-17, \\ L___-- \,--- 1 ,'\ \\_____ /' :: steet P-1 \ . _. iii\\ R-5R(31%I.E), _„_-- • I`' '1 1 'ir ---41 l\ \ N re A Site Melissa & Paul Venable w vi►J E Property_Polygons 213 & 215A 69th Street S Zoning Parking Lot Drive Aisle CMCIIIMI=Feet Building 012.525 50 75 100 125 150 4 ci rs,,,,,,,i,.,„.„ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MELISSA & PAUL VENABLE, KEVIN & ELIZABETH BAUM [Applicant] MELISSA & PAUL VENABLE, KEVIN & ELIZABETH BAUM, & WILLIAM WARNOCK [Property Owner] Alteration to Existing Nonconformity for the property located at 213 & 215A 69th Street (GPINs 24196448890213, 24196448890215), COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: July 21, 2020 • Background: The applicants are seeking an Alteration to the Existing Nonconformity to expand the second story of an existing duplex on a lot located in the North End that contains three dwelling units. The proposed changes to the duplex include a new roof and the addition of a roof dormer on the rear of the structure. As the site is zoned R-5R (NE) Residential District, three dwelling units on one lot is not a permitted use within this zoning district; therefore, the use is nonconforming. The duplex and a detached structure located on the rear of the property were both built in 1960 and have been found legally nonconforming based on the zoning of the property at the time they were built. The applicants each own one of the units of the duplex which is the subject of this application. The detached structure is under separate ownership and is not proposed to be upgraded or modified, and; therefore, is not subject to this request. • Considerations: The proposed expansion of the second story living space will not have a negative impact on surrounding properties. The resulting additional square footage will not increase the building footprint or height of the structure. The proposed elevations are in keeping with the scale, proportion and design of the existing duplex residence and with other residential structures in the vicinity. 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 application. • Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1 . The expansion of the building shall be in substantial conformance with the submitted site layout exhibit entitled, "213 & 215 69th STREET RESIDENTIAL CONCEPTUAL MASTER PLAN", dated 1/9/2020, and prepared by Land Melissa & Paul Venable, Kevin & Elizabeth Baum Page 2of2 Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed improvements shall substantially adhere in appearance, size and materials to the submitted elevations entitled "VENABLE RESIDENCE ELEVATIONS", dated 2/4/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The floor area of the proposed improvements shall substantially conform to the dimensions shown in the exhibit entitled "VENABLE RESIDENCE ATTIC ADDITION FLOOR PLAN", dated 2/4/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department G7 , City Manager: ltilL, 1 A RESOLUTION AUTHORIZING THE EXPANSION OF 2 NONCONFORMING STRUCTURES ON PROPERTY 3 LOCATED AT 213 AND 215A 69TH STREET 4 5 WHEREAS, Melissa and Paul Venable and Kevin and Elizabeth Baum (the 6 "Applicants") have made application to the City Council for authorization to expand the 7 nonconforming structures located on 69th Street and zoned R-5R (NE) Residential Zoning 8 District, by the addition of a dormer addition to both sides of the duplex dwelling on the 9 parcel; 10 11 WHEREAS, this parcel currently contains three (3) dwelling units which is not 12 allowed in the R-5R Zoning District, but they were built prior to the adoption of the 13 applicable zoning regulations and are therefore nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on May 27, 2020; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of nonconforming structures is unlawful in the absence of a resolution of the City Council 20 authorizing such action upon a finding that the proposed structures, as expanded, will be 21 equally appropriate or more appropriate to the zoning district than is the existing structure. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed structures, as expanded, will 27 be equally appropriate to the district as is the existing nonconforming structures under the 28 conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the expansion of the nonconforming structures is hereby authorized, upon the 34 following conditions: 35 36 1. The expansion of the building shall be in substantial conformance with the 37 submitted site layout exhibit entitled, "213 & 215 69th STREET RESIDENTIAL 38 CONCEPTUAL MASTER PLAN", dated 1/9/2020, and prepared by Land 39 Planning Solutions, which has been exhibited to the Virginia Beach City Council 40 and is on file in the Department of Planning and Community Development. 41 42 2. The exterior of the proposed improvements shall substantially adhere in 43 appearance, size and materials to the submitted elevations entitled "VENABLE 44 RESIDENCE ELEVATION", dated 2/4/2020, and prepared by Land Planning 45 Solutions, which have been exhibited to the Virginia Beach City Council and 46 are on file in the Department of Planning and Community Development. 47 48 3. The floor area of the proposed improvements shall substantially conform to the 49 dimensions shown in the exhibit entitled "VENABLE RESIDENCE ATTIC 50 ADDITION FLOOR PLAN", dated 2/4/2020, and prepared by Land Planning 51 Solutions, which has been exhibited to the Virginia Beach City Council and is 52 on file in the Department of Planning and Community Development. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 � C� J Robert (Bo by) Tajan B. ay Wilson Planning and Community City Attorney's Office Development CA15042 R-2 March 25, 2020 2 Applicant Melissa & Paul Venable, Kevin & Elizabeth Baum Agenda Item Owner Melissa & Paul Venable, Kevin & Elizabeth Baum, and William Warnock 3 Public Hearing May 27, 2020 Virginia Beach city Council Election District Lynnhaven Request Alteration to Existing Nonconformity Staff Recommendation Approval Staff Planner Bill Landfair Location 213 & 215A 69th Street GPINs 24196448890213, 24196448890215 Site Size 0.20 acres or 8,700 square feet AICUZ Less than 65 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District ‘ = Duplex& single-family dwellings/ R-5R a 10 Residential (NE) #�,} `. �, , 1:51 - '‘44 '" Surrounding Land Uses and Zoning Districts North ,j. Single-family dwelling/ R-5R Residential (NE) ~•l South 69th Street Single-family dwelling R-5R Residential (NE) East Single-family dwelling/ R-5R Residential (NE) West Single-family dwelling/ R-5R Residential Melissa & Paul Venable Agenda Item 3 Page 1 Background & Summary of Proposal • This a request for an Alteration to the Existing Nonconformity to expand the second story of an existing duplex on a lot located in the North End that contains three dwelling units. As the site is zoned R-5R (NE) Residential District, three dwelling units on one lot is not a permitted use within this zoning district. • The applicants own both units of the duplex which is the subject of this application.The unit within the detached structure on the rear of the property is under separate ownership. • The proposed changes to the duplex include a new roof and the addition of a roof dormer on the rear of the structure that will increase each unit by 439 square feet, for a total of 878 square feet. Other planned upgrades to the duplex that do not require City Council action include interior renovations, repointing of the exterior brick, and additional landscaping. • In 1997, documents were recorded in the City Clerk's office creating a three-unit residential condominium in two structures. The three units were identified as Unit 213 (the eastern unit in the duplex structure), Unit 215A(the western unit in the duplex), and Unit 215E (the single-family unit located in the detached structure to the north of the duplex). According to City records, the duplex was built in 1960. • Unit 215B was also built in 1960 according to City records. It was built as a two-story garage apartment,with the living area located over the garage,and has never been added on to or renovated according to the applicants. The current owner purchased the property in 2014. Based on the 1954 Zoning Ordinance for Princess Anne County,the applicable zone for the property at the time the buildings were constructed was R-D2 which permitted duplexes and garage apartments on a single lot. As such,the property is considered legally nonconforming. r+'°�'� Q IV), , Q Zoning History # Request 'Irk Villi 11(3 eyf. Qo*=1l�/� Q 1 SVR(Lot Width and Lot Area Reduction)Approved Q -/.-i � 6 0 05/13/1998 iiiii01 • ♦ 2 NON(Enlargement of Nonconforming Structure) a' Q ��� Approved 12/8/2009 VI II I 005'1 .4 3 STV(Subdivision Variance)Approved 08/14/2012 \ 4 CUP(Short Term Rental) Pending J 0(3-SR(N ) U'`1 \ \ 1 \ \ \ 1 \°.--,-c Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Melissa & Paul Venable Agenda Item 3 Page 2 Evaluation & Recommendation In Staffs opinion,the proposed expansion of the second story living space with the addition of a dormer will not have a negative impact on surrounding properties. The resulting additional square footage will not increase the building footprint or height of the structure. The proposed elevations are in keeping with the scale, proportion and design of the existing duplex residence and with other residential structures in the vicinity. Therefore, in Staffs opinion,the expansion of the second floor by a total of 878 square feet is a reasonable request. Based on the considerations above, Staff finds the request to be acceptable and recommends approval subject to the conditions noted below. Recommended Conditions 1. The expansion of the building shall be in substantial conformance with the submitted site layout exhibit entitled, "213 & 215 69th STREET RESIDENTIAL CONCEPTUAL MASTER PLAN", dated 1/9/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed improvements shall substantially adhere in appearance, size and materials to the submitted elevations entitled "VENABLE RESIDENCE ELEVATIONS", dated 2/4/2020, and prepared by Land Planning Solutions,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The floor area of the proposed improvements shall substantially conform to the dimensions shown in the exhibit entitled "VENABLE RESIDENCE ATTIC ADDITION FLOOR PLAN", dated 2/4/2020, and prepared by Land Planning Solutions,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and 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. Comprehensive Plan Recommendations This site is located in the Suburban Focus Area 7, North End, which is located on both sides of Atlantic Avenue from 42°d Street to 89'Street. This area is characterized by a compact arrangement of single-family and duplex dwellings units with much of the land zoned Residential Resort District(R-5R) and high impervious surface coverage and problematic topographic conditions,which create recurring stormwater drainage problems. Improvement and reconstruction should use porous materials for driveways,walkways and other similar surfaces,wherever feasible, to achieve a net reduction Melissa & Paul Venable Agenda Item 3 Page 3 of impervious coverage. Attractive and high-quality materials capable of withstanding severe weather events should be used. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 69th Street No Data Available' 9,900 ADT (LOS°"D") Existing Land Use 2-30 ADT Proposed Land Use 3-30 ADT Atlantic Avenue 14,050 ADT(2018)1 22,800 ADT'(LOS""D") 'Average Daily Trips 2 as defined by two duplexes 3 as defined by two duplexes and a 4 LOS=Level of Service and a single-family dwelling single-family dwellings Access to the property is located on 69th Street. 69th Street is a two-lane local street with an 80-foot right-of-way width. Atlantic Avenue in the vicinity of this site is a four-lane undivided minor urban arterial with a 120-foot right-of-way width. Public Utility Impacts Water & Sewer This site is currently connected to both 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 April 27, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 10, 2020 and May 17, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 11, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on May 21, 2020. Melissa & Paul Venable Agenda Item 3 Page 4 City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 5, 2020 and July 12, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 6, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 17,2020. Melissa & Paul Venable Agenda Item 3 Page 5 Ordinance A RESOLUTION AUTHORIZING THE EXPANSION OF 2 NONCONFORMING STRUCTURES ON PROPERTY 3 LOCATED AT 213 AND 215A 69TH STREET 4 5 WHEREAS, Melissa and Paul Venable and Kevin and Elizabeth Baum (the 6 "Applicants") have made application to the City Council for authorization to expand the 7 nonconforming structures located on 69th Street and zoned R-5R (NE) Residential Zoning 8 District, by the addition of a dormer addition to both sides of the duplex dwelling on the 9 parcel; 10 11 WHEREAS, this parcel currently contains three (3) dwelling units which is not 12 allowed in the R-5R Zoning District, but they were built prior to the adoption of the 13 applicable zoning regulations and are therefore nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on May 13, 2020; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of nonconforming structures is unlawful in the absence of a resolution of the City Council 20 authorizing such action upon a finding that the proposed structures, as expanded, will be 21 equally appropriate or more appropriate to the zoning district than is the existing structure. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed structures, as expanded,will 27 be equally appropriate to the district as is the existing nonconforming structures under the 28 conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the expansion of the nonconforming structures is hereby authorized, upon the 34 following conditions: 35 36 1. The expansion of the building shall be in substantial conformance with the 37 submitted site layout exhibit entitled, "213 & 215 69th STREET RESIDENTIAL 38 CONCEPTUAL MASTER PLAN", dated 1/9/2020, and prepared by Land 39 Planning Solutions,which has been exhibited to the Virginia Beach City Council 40 and is on file in the Department of Planning and Community Development. 41 42 2. The exterior of the proposed improvements shall substantially adhere in 43 appearance, size and materials to the submitted elevations entitled"VENABLE 44 RESIDENCE ELEVATION", dated 2/4/2020, and prepared by Land Planning 45 Solutions, which have been exhibited to the Virginia Beach City Council and 46 are on file in the Department of Planning and Community Development. Melissa & Paul Venable Agenda Item 3 Page 6 Ordinance 47 48 3. The floor area of the proposed improvements shall substantially conform to the 49 dimensions shown in the exhibit entitled "VENABLE RESIDENCE ATTIC 50 ADDITION FLOOR PLAN", dated 2/4/2020, and prepared by Land Planning 51 Solutions, which has been exhibited to the Virginia Beach City Council and is 52 on file in the Department of Planning and Community Development. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Robert (Bobby) Tajan B. Kay Wilson Planning and Community City Attorney's Office Development CA15042 R-2 March 25,2020 2 Melissa & Paul Venable Agenda Item 3 Page 7 Conceptual Master Plan 1 W1 g p; 4- s \,, O N 1 N. 1*. •'6 \lb. X ,:,, w h II C O ilip 'b � \ :c5----\:41 rvi �` .c6--"D % \ ...- --- N • '0 As , N. \E V i 2 TTO fa v' CL LO it Ln r8 F= �//J.�� =N 5�ane 1 1 NN 0 l.L y0lii o JI [ p g J O V ° < '.1-1g w 8 a s. 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I, i ! ! 0. 46 ® 44>d> ® ® D 4D • • I 4 iii'4 ii :i it 1 it { i[ v i © g(g nig Rig IP 1 F ;3 ;gA 1 i If7 ii 1i i it ni it f a tf a Q xga yi:§ as Z14 A f o54 1 i ill ! 1; 1 it ii [i t i ii .+t T 1714 ii8 6i2 4 4 3 i ittiii ifi `i1 fi € Y't { 1 >' ^ ' i I ;Pi ti if tar et t i , ; P Z5. s a q 1_�> t i 'f 1 i f if 'f • ! l ii eq „ R 1I�, 1 ge I z III 1 r i ii fi i i 1 - fg ; 7 n >1. 1 i 1`i t I i 1 i i • . - § o 3 - A1, V VENABLE RESIDENCE ,ee� wa s.... Li, . e 11 69th Street VB ,'„ „,,,� .411,4 „`" A° ueId .1001 j pasodoid Site Photos T_ yy P. 9 -..-If _.. •" _ , . ,T----... --;:-.;-;r. 3:-,-:-.. ... ........1,--- .7. 4,--.. ,Att- . . i f : - ''''''-- ' - "`<*uii.gr fr'4'-.. y4 Y['�._'.;.+s�a n a. ' �-F- . Y.` Ys -- -. • -46 ]sy� w r,...‘-..- ir . 8 : i.a ._ . _. ..... ..: :' • k' - ; 44., r Y <y 'y.;.� ; ;A.. Melissa & Paul Venable Agenda Item 3 Page 11 Disclosure Statement rsv Virginia Beach APPLICANT'S NAME Melissa&Paul Venable DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning A peals Certificate of Floodplain Variance Appropriateness Street Closure Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disdosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and City Council meeting that pertains to the appilcatlon(s). APPUCANT NOTIFIED OF HEARING DATE: Er— NO CHANGES AS OF DATE: 114110 l- .- W.t_,ArKWAr(;�, REVISIONS SUBMITTED DATE: Melissa & Paul Venable Agenda Item 3 Page 12 Disclosure Statement cTy d Virginia Beach Check here if the APPUCANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. U Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. JJ--77�� (A) List the Applicant's name:_QaL� SSBtsu'�4_L444. ithk, If an LLC, list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsIdiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) td/A See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only f property_owner is different from Applicant. gCheck here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. 1 /_ _ _ t_ (A) List the Property Owner's name: S - a P4_lC_e-tJ_h i e. If an LLC, list the member's names: Page 2 of 7 Melissa & Paul Venable Agenda Item 3 Page 13 Disclosure Statement Wd Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) K/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entityrelationship" 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. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating_or to be operated on the Prop_erty. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Melissa & Paul Venable Agenda Item 3 Page 14 Disclosure Statement NIB APPLICANT Vnginia YES NO 1 SERVICE PROVIDER(use.adittonat sheets If needed) Accounting and/or preparer of your tax return Architect/Landscape Architect/ Ld tl. Pt4.nn.tn5 Sol gfinYY, Land Planner _ ac.. V, pbIoey ❑ __,( Contract Purchaser(if other than 171 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Cz' Construction Contractors El ErEngineers/Surveyors/Agents lausipid rtn 4, ce,t ifs uili) _/ Financing(Include current[21 J ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition i or construction of the property) 2( Legal Services ix/ Real Estate Brokers/ C I`�( Agents/Realtors for current and 111 rrr ��� anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Melissa & Paul Venable Agenda Item 3 Page 15 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A IPP ication. T 1�AUL t.v Es...Afba-eJ,t. -$3-Zu 2<. AP LICAN 5 SIGNATURE PRINT NAME DATE 01 e : l-13•i,o lt_ Page 5 of 7 Melissa & Paul Venable Agenda Item 3 Page 16 Disclosure Statement INB Virginia Beath CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application - TUBE PRINT NAME K DATE t�7� H i2-i2-20 Page 5 of 7 Melissa & Paul Venable Agenda Item 3 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Melissa & Paul Venable Agenda Item 3 Page 18 Items#3 Melissa &Paul Venable Alteration to Existing Nonconformity 213&215A 69th Street May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3,4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. 1 Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: Seeing no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 2 Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. Mr. Landfair: Thank you. The next item on consent is item number three, Melissa and Paul Venable a request for an alteration to the existing nonconformity to expand the second story of an existing duplex at 213 and 215-A, 69th Street in the Lynnhaven District. The applicant's representative is Ms.Melissa Venable. Ms. Venable when you begin speaking, please first identify yourself for the record and indicate whether you found the conditions acceptable. Ms. Venable, the floor is yours. Please pause three seconds before speaking so that we can unmute your microphone. Thank you. Ms. Venable: Thank you, this is Melissa Venable, I am representing self. I support the staff s recommendations. AYE 9 NAY 0 ABS 0 ; ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 3 1. The expansion of the building shall be in substantial conformance with the submitted site layout exhibit entitled, "213 86 215 69th STREET RESIDENTIAL CONCEPTUAL MASTER PLAN", dated 1/9/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed improvements shall substantially adhere in appearance, size and materials to the submitted elevations entitled "VENABLE RESIDENCE ELEVATIONS", dated 2/4/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The floor area of the proposed improvements shall substantially conform to the dimensions shown in the exhibit entitled "VENABLE RESIDENCE ATTIC ADDITION FLOOR PLAN", dated 2/4/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and 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. 4 ,c-.) ...0 ra) 0 ''4)1°A -4 ........_ :,- Li... 0 T4i I (ow , . . I 0 CZ ; ‘ : \. 0 *10 ir- 1 14 a. I 0 * 0 ner) 1 / . 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' Ni cj 0 a_ '6 _J 4q 00 /7 8, t cm cn 0) , 0 1-: ,[ ,-'3\^•" 0,-; i 46$'^ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHURCH OF THE ASCENSION [Applicant] THE ROMAN CATHOLIC DIOCESE OF RICHMOND [Property Owner] Modification of Conditions (Religious Use) on property located at 4853 Princess Anne Road (GPIN 1476064464), COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: July 21, 2020 • Background: The church was built in 1965, prior to the necessity of a Religious Use to obtain a Conditional Use Permit. Starting in 1985, the City Council subsequently approved additions to the church for a Sunday school building, parking lot extension, residential facility for adults, and columbarium. The applicant is now requesting to expand the church building by 2,800 square feet with a one-story administrative office. The proposed addition requires a Modification of the Conditional Use Permit. • Considerations: The addition is designed to complement the architecture and character of the existing building. There is ample parking within the existing parking lot to meet the needs of the church as well as the requirements of the Zoning Ordinance. The request remains in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as the church provides a valuable service to the community. 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 application. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . When the site is developed, it shall be in substantial conformance with the site layout entitled "Building Addition Site Plan - Grading and Improvement Plan," dated January 10, 2020, and prepared by WPL. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 2. The exterior of the proposed church addition building shall be in substantial conformance to the architectural style, colors, and materials depicted on the renderings entitled "Administration Addition for Church of the Ascension," dated Church of the Ascension Page 2 of 2 April 20, 2020, and prepared by Altruistic Design. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development, Permit and Inspections Division; the Health Department; and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to use of the 2,800 square foot addition. 4. All signage on-site shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A sign plan shall be submitted to the Virginia Beach Department of Planning & Community Development, Zoning Office for review and permitting prior to the installation of any new signage. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department-K 7 City Manager: NBApplicant Church of the Ascension Agenda Item Owner The Roman Catholic Diocese of Richmond Public Hearing June 10, 2020 2 City Council Election District Kempsville Virginia Beach Request Modification of Conditions (Religious Use) 'Q I �.0 s _ 11. . C��e t,'� 419 fik Staff Recommendation Approval .4 'Ilk' e Staff Planner -MI i.„ - --- Marchelle Coleman ` Location le, 4853 Princess Anne Road ' ' *>' 1476064464 . ! o "'n'l�oils I I Z cee Y h o I.coke SteS a 9/"es,la , tob 9.10 acres eons,, s°snQ 44 AICUZ P Y Na„ n P °"9hr 4111** ��°q/ej� ��D`iYo ° re kne 4iMR Less than 65 dB DNL �,, �° gcya.00 0,, , • IN., Watershed / i e Chesapeake Bay Existing Land Use and Zoning District Church / R-10 Residential Surrounding Land Uses and Zoning Districts ,�,, North 'OA- .....: / A 410' .1 Church, funeral home/ R-10 Residential South - ' Single-family dwellings/ R-10 Residential . iF. East Princess Anne Road Retail, golf course, single-family dwellings/0-2 , Office, P-1 Preservation West ;_ ' `. t Single-family dwellings/ R-10 Residential '"�tx"`� { . '' . k 3 Church of the Ascension Agenda Item 2 Page 1 Background & Summary of Proposal • The church was built in 1965, prior to the necessity of a Religious Use to obtain a Conditional Use Permit. In 1985, 1988, and 2008, City Council approved additions to the existing church for a sunday school building, parking lot extension with picnic shelter, and a supervised residential facility for adults, which was never built. Also, in 2003, a Conditional Use Permit for a Columbarium was granted by City Council. • The applicant is requesting to expand the existing church by 2,800 square feet with a one-story administrative office on the northeast corner of the building.The proposed addition requires a Modification of the Conditional Use Permit. • The building expansion will include office and meeting spaces, two restrooms and a breakroom. • The site plan depicts 287 parking spaces, thereby demonstrating that the proposal meets the minimum parking requirement of one space per 5 seats or bench in the main auditorium, as set forth in the Zoning Ordinance, for both the existing church and the proposed expansion. • The exterior facade of the proposed building addition will be complementary to the architectural style and materials of the existing church building. The addition is depicted with vertical metal panel siding with a brick veneer foundation, shown on pages six and seven of this report. Zoning History � . "' "" # Request (��,w _ ,` / 1 MOD (Two Temporary Structures)09/27/2011 /��,�,o � ,'� a-s E , `�- ry/ \\\, CUP(Day Care Facility)Approved 08/25/1998 \` 2 MOD(Church Addition)Approved 12/07/2010 Q `1� .1. 3 MOD(Church Addition)Approved 04/22/2008 B4, ' • CUP(Columbarium)Approved 12/02/2003 "`= r �/al CUP(Church Addition)Approved 12/12/1988 }� - CUP(Church Addition)Approved 01/14/1985 a �,�+ 4 CUP(Extension to an Existing 150-foot Monopole Tower) P ,7,.°?,'y"%% � 22',�1).0 Approved 04/11/2000 47t w', . o CUP(Storage Yard, Line-of-Sight Relay Device)Approved �s7 � a 1 �. v 05/23/1987 s, l'G, � . � < t bb 5 CRZ(P-1 to Conditional 0-2)Approved 11/18/1997 °9d c,, ° '�C,,~ i. • ` 55Y CUP(Lodge)Approved 11/18/1997 r u f a S. �\ 6 CUP(Home Occupation—Day Care)Approved 01/23/1996 7 LUP Approved 01/01/1984 application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—SubdivisionVariance Evaluation & Recommendation In Staff's opinion, the proposed Modification to the Conditional Use Permit for the church expansion is acceptable. The addition is designed to complement the architecture and character of the existing building. There is ample parking within the existing parking lot to meet the needs of the church as well as the requirements of the Zoning Ordinance. The request remains in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as the church provides a valuable service to the community and contributes to the sustainability of great neighborhoods. Church of the Ascension Agenda Item 2 Page 2 Based on these considerations, Staff recommends approval of the application, subject to the modified conditions below. Recommended Conditions All conditions of the January 14, 1985 and December 12, 1988 Conditional Use Permits for additions to the church are null and void and are hereby replaced with the following conditions. 1. When the site is developed, it shall be in substantial conformance with the site layout entitled "Building Addition Site Plan -Grading and Improvement Plan," dated January 10, 2020, and prepared by WPL. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development. 2. The exterior of the proposed church addition building shall be in substantial conformance to the architectural style, colors, and materials depicted on the renderings entitled "Administration Addition for Church of the Ascension," dated April 20, 2020, and prepared by Altruistic Design. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning&Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development, Permit and Inspections Division;the Health Department; and the Fire Department.The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to use of the 2,800 square foot addition. 4. All signage on-site shall meet the requirements of the City Zoning Ordinance.There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors.A sign plan shall be submitted to the Virginia Beach Department of Planning&Community Development, Zoning Office for review and permitting prior to the installation of any new signage. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Church of the Ascension Agenda Item 2 Page 3 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural resources on this property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 28,560 ADT1 32,700 ADT1 (LOS 2"D") No Change Anticipated 'Average Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is considered a four-lane minor urban arterial.There are no roadway CIP projects planned for this area. Public Utility Impacts Water& Sewer This site is currently connected to both 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 May 11, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 22, 2020. • 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 June 4, 2020. City Council • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays,July 5, 2020 and July 12, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 6, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/citv-council/Documents/BookmarkedAgenda.pdf on July 17, 2020. Church of the Ascension Agenda Item 2 Page 4 Proposed Site Layout Y ///0(........4. ii t' `` Entrance to Site \144 ilk; 1n.n �� AI yt •cN�l,� ��o•Ko,. D� .,to, 4,.. I:1; „."•--/".::".\\ 0 0. 117:Its 7111'.., .." u., 04, ^f e. 1, 41.:it./90,..:::::,: .:1''%'°''''k-'.......,...lis'\4''''''',TN:IN,,k,v. ;•: *44.4.11‘14t1 1%43 ys• �.'•i`r� �� ,,♦ ^ate, . .AN.:, Of,' '''6%. # .0 ......1\vie • e k a .� / see •, > . A• ' J': �. va we�.r. ar ea, d armaN e '' '.� !� . K awe' ' lrlO.n\\ .`�_-� .�• ere � Yam+►a.,� wea3�.n or • ` ~''` r r t. � a c, -., Administrative `� u Office Addition .d. 4-tar ' Q. .... , � Existing ft \`•N.' n tri... ..„-\Existing • it,. MA►HI0 OGALC s. yQ,s. ..,--GRAIMMAMMOVEhilarLftitti. Church of the Ascension Agenda Item 2 Page 5 Proposed Building Renderings .----- ._ ..-- --_-_------ , , ----__ ---1-- II . I F-----, 0 , - ' '1 F_,,.... , , i 1 ,i , • -7, • i 1 F i ', : 1, 1 , - , - -.•- i :. - '----- -----• __ ________ _. ,_ _ ' " _—_,_ _ C , ,. ,,_ _____ . . ,. ic=2,...: _ ..._ ALTRUISTIC DESIGN ,.... ____-------- :'-, ,- - --- , --- , 1 , ------- --" 1 „ , , i il I , I I__,, I I' Im i 1 L ___ _ _, _ , , , _ - , , , 1 1, 1 • ' , , I , I — , -- - = ' i --- ---- - 1 I .,,-- A._ - _ - - _- . __ ___ Church of the Ascension Agenda Item 2 Page 6 Proposed Building Elevations LINE OF EXISTING PREFINISHED COMPOSITE BUILDING BEYOND ALUMINUM PANEL , ii-, PREFINISHED SHADOWLINE • CANOPYUENTRANCE SURROUND • METAL COPING 1 TOP OF WALL -13'-8" II • 1 ; 4 ,- fil. . -- VERTICAL RIBBED METAL WALL 1 I ALUMINUM STOREFRONT GLAZING SYSTEM 1_ 1 i E AFIRST FLOOR ,� -: 4 ' 0-0' I BRICK VENEER WATERTABLE WITH FLUSH I 1- ALUMNUM STOREFRONT ENTRANCE WATERTABLE CAP SYSTEM WRH VERTICAL BAR PULLS EXTERIOR ELEVATION 118"=1'-0" C 0' B' 16' 24' LINE OF EXISTING BUILDING BEYOND --► T PREF INISHED SHADOWLINE METAL COPING r•-. 1 __ �- TOP OF WALL 1 3'•8'� VERTICAL RIBBED METAL WALL r I I ALUMINUM STOREFRONT --- 1 1' 1 r GLAZING SYSTEM I r I'I, BRICK VENEER WATERTABLE T ti — J WITH FLUSH WATERTABLE CAP - ti- }-k-• ->-1 -y- ..- - .__ ,_ FIRST FLOOR 0- c'S- ALUMINUM STOREFRONT ENTRANCE SYSTEM WITH VERTICAL BAR PULLS EXTERIOR ELEVATION 1/8"=1'-0" 0' 0' 16' 24' Church of the Ascension Agenda Item 2 Page 7 Site Photos • 4 poo,........„. .1.,..Notit,,,--, : . � w 4k. ,,, ; , . : -,..4. , 4 , i. •, . .. 4 L.: 'ik 4,4, to... . , ,.... , 4.,.. . f r ... ..., ..,, , . . , ,,t._,:,,,,:irty.,,,..,_,,,,, ,, , .4,5,, ,i.,,,,..,„ ...,-114, , ,.. 1_ .s.;„„ ..„ ilk Tifig‘' ,,;-,‘• . . 4 -- r . . 4 ,,....,. .., . ..,.,....., rti • ' :. � o - r.y;;.. �.. 1 __ _.- _.3 __ �:ti"' .aft ` -% rkkillig , = - \�` F < K it { aid/lig. 4 / <. ., .. . ' . ''.:.i.11-All' .,:11411:tA•*'-'.111::,.-‘1"---•:- , .... .,3 .*iN., , i,:.-,-,;t74,.. Arp-r-. , --• - \ „ _ . , • rm� ..tip :i,. ill. .fir , 1. �'; --— -,.-.....- r;_ ; ..,4..yIFu_'� .y,;.�i"s7 .'may . •y.•. i:,t" _ .. ! A "'ESL @_- .a Church of the Ascension Agenda Item 2 Page 8 Site Photos '' lb. 1 � ' - EN +�_- J /�.ac �.. r .. - t. - Y, 'i { l �s �a: , , ~ � , ' D , ' fr �A 8v � 4 '-41 %te / .‘,. . .„.„,: „....,,p..', ,-,- -. 4 . Alp s ; -ram - 1 — „ ;,ram, = r v. 1 1 •r. r r - .;.•• •,,. .., ',' , , PI. II ...e.r., - ,• F s Grp Rrr .v. T :.` - • -*RNA - -. _ - N M, x .y.. am - _ -. Church of the Ascension Agenda Item 2 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME Church of the Ascension DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • - The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: ® NO CHANGES AS OF DATE: 7/7/2020 MLC .. , t. REVISIONS SUBMITTED D^TF Church of the Ascension Agenda Item 2 Page 10 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IX Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Church of the Ascension If an LLC, list all member's names: Daniel J. Malingumu, Pastor If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. • Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:The Roman Catholic Diocese of Richmond If an LLC, list the member's names: Page 2 of 7 Church of the Ascension Agenda Item 2 Page 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Barry Knestout, Bishope of Richmond Diocese Father Daniel J. Malingmu, Parish Pastor (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Church of the Ascension Agenda Item 2 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) M Accounting and/or preparer of your tax return nn Architect/Landscape Architect/ Altruistic Design,Jeremy S Maloney. Land Planner AIA. NCARB,SEED Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed \/ purchaser of the subject property LJ L (identify purchaser(s)and purchaser's service providers) XConstruction Contractors • nEngineers/Surveyors/Agents WPL Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • nLegal Services Billy Garrington, GPC Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Church of the Ascension Agenda Item 2 Page 13 Disclosure Statement Ni Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SI ATURE PRINT NAME DATE Page 5 of 7 Church of the Ascension Agenda Item 2 Page 14 Disclosure Statement OWNER Virginia Beach YES i NO SERVICE ( PROVIDER� (use additional sheets if 1 1 (� NiI Accounting and/or preparer of 1 I/" your tax return (� Architect/Landscape Architect/ Altruistic Design,Jeremy S.Maloney, t Land Planner AIA,NCARB,SEED Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed I I IX purchaser of the subject property (identify purchaser(s)and purchaser's service providers) EConstruction Contractors nri Engineers/Surveyors/Agents _ WPL Financing (include current a X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) E ] Legal Services Billy Garrington,GPC Real Estate Brokers/ IIX' Agents/Realtors for current and anticipated future sales of the subject property_ a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have n n ! an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Church of the Ascension Agenda Item 2 Page 15 Disclosure Statement VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Appl'cation. 4.4.4n/.1.‘, Bishop Barry Knestout y�18/Zp P PERTER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Church of the Ascension Agenda Item 2 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 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Church of the Ascension Agenda Item 2 Page 17 Items#2 Church of the Ascension [Applicant]The Roman Catholic Diocese of Richmond [Owner] Modification of Conditions (Religious Use) 4853 Princess Anne Road June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by Staff and the Planning Commission concurs, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5,7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is Item number two,Church of the Ascension. A request for a Modification of Conditions to add a 2,800 square foot administrative office to the existing church at property located at 4853 Princess Anne Road in the Kempsville District. The applicant's representative is Mr. Billy Garrington. Mr. Garrington when you begin speaking, please first identify yourself for the record and indicate whether you found the conditions acceptable. Mr. Garrington, the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Mr. Garrington:Madam Chair and members of the Planning Commission for the record Billy Garrington on behalf of the applicant in this request Church of the Ascension property known as 4853 Princess Anne Road. I have read the staff report, the four conditions that are in the report are agreeable and we thank you for putting this on the consent agenda, I am standing by. Mr. Landfair:The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. 1 Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. 2 Mr. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By a recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21,26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE 3 Wall _ AYE Weiner AYE Conditions: 1. When the site is developed, it shall be in substantial conformance with the site layout entitled "Building Addition Site Plan - Grading and Improvement Plan," dated January 10, 2020, and prepared by WPL. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 2. The exterior of the proposed church addition building shall be in substantial conformance to the architectural style, colors, and materials depicted on the renderings entitled "Administration Addition for Church of the Ascension," dated April 20, 2020, and prepared by Altruistic Design. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning& Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development, Permit and Inspections Division; the Health Department; and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to use of the 2,800 square foot addition. 4. All signage on-site shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A sign plan shall be submitted to the Virginia Beach Department of Planning & Community Development, Zoning Office for review and permitting prior to the installation of any new signage. 4 B-2 , ,.., .......- c) _ .....„ az __----- ___-----::_.--- --- _-- -- _.- ---- __--- -------7,--- .--------- ------ -- _...._,- .. ---- ,, ___ ... _-- _-..---- ,--- \ \ \ ) (7-71 1 - . kaS‘k.111 \,..---- :._., % ------ - \ it \ ' r---. - . ..---------- - • - - ::.:11.-_-_--:.:.--r..--_-_-_-.1. 11-_-..,_-__._-:-..r. ______,___ >i..___..::::::::__rt.": \ ' _ ,.... \ _ — --- • - \ ....--- \ . .-- -- 1 „-- , B-2 \ ._" , . ,, td ______ ,,,,\_.,\_\\ ., . , .... • .4., d---7-_---------\ \ \ . ..... 40 \d „.. e,, ....!-.. \ , \\ '. 3 "rrnm. ty _ \ \ \--- B-2 . , .. . , „ . . .., oclo i . A tcle . ..„. le CI -1 2----\ ., _-----_-_---- , ------ _____---:--- --------:'-:----;:--- ‘ \ ' 7 Site Zoning w wIN'za. E V. A j Property Vogue Lashes & Spa_Polygons ANA... 993 Laskin Road -11,400 Parking Lot Drive Aisle— _. .. s to,,,,,,,,,,,,44ism su --- ,„ mimmu Feet / - 1A B{q�. '-(......„ AlA CITY OF VIRGINIA BEACH AGENDA ITEM 4) ITEM: VOGUE LASHES & SPA [Applicant] LASKIN ROAD, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) on property located at 993 Laskin Road (GPIN 2418710188 & 2418711270), COUNCIL DISTRICT — BEACH MEETING DATE: July 21, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor specifically for the application of permanent makeup, known as microblading, within a 1,883 square foot beauty salon. Beauty salons are a permitted use in the B-2 Community Business District; however, the microblading operation requires a Conditional Use Permit for a Tattoo Parlor. The salon will occupy a portion of an existing retail building that was previously occupied by a retail business. The building is currently undergoing both interior and exterior renovations. No expansion to the building footprint is proposed. • Considerations: As required by the Zoning Ordinance, there is no other tattoo parlor within 600 feet of the site. Other salons in Virginia Beach have successfully incorporated microblading services without incident. As the existing sign may exceed current maximum size standards and consistent with how nonconforming signs have been addressed in previous applications, Conditions 4 and 5 are recommended that requires the removal of the free-standing sign along Laskin Road and that all signage conform with current sign regulations. 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 application. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make- up. No other form of tattooing shall be permitted. Vogue Lashes & Spa Page 2 of 2 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. The freestanding billboard sign along Laskin Road, as shown in the photographs on pages 12 & 13 of this report, shall be demolished and removed from the property within 90 days of City Council approval. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning DepartmentR 9 City Manager: /kL ABApplicant Vogue Lashes & Spa Agenda Item Owner Laskin Road, LLC Public Hearing June 10, 2020 City Council Election District Beach Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation i ,. ` 4° `i Approval S1 P 4 th M�`1$L" . �" Staff Planner o t"s Hoa N. Dao m alA Location a"` 993 Laskin Road ,� u'"` GPINs . . 2418710188 & 2418711270 i Tan Site Size gOin St'8at 16,500 square feet .o x` '\ j5, AICUZ •.t. 70-75 dB DNL• APZ-2 _21,6' ° Watershed "s _, P 242106Ssa Chesapeake Bay Existing Land Use and Zoning District Retail/ B-2 Community Business . , Surrounding Land Uses and Zoning Districts - .t ,r tto�a � ' s 40at North ,,,' 'f n Road Laskin Road ! i; ': �a Mixed retail / B-2 Community Business ` , ; South "* Office/ B-2 Community Business _ : '�� East V _ Craft Distillery/ B-2 Community Business :j Q ",o -_, < West �` ' ° � , S. Oriole Drive :� " �� :2 ' . ,t Restaurant/ B-2 Community Business ;117, -. f Vogue Lashes &Spa Agenda Item 1 Page 1 Background & Summary of Proposal • The applicant is requesting to provide permanent makeup, known as microblading, within an 1,883 square foot beauty salon. Beauty salons are a permitted use in the B-2 Community Business District, however the microblading requires a Conditional Use Permit for a Tattoo Parlor. • The salon will occupy a portion of the 8,580 square foot retail building that was previously occupied by a retail business.The building is currently undergoing renovations to the exterior and interior. No expansion to the building footprint is proposed. • Adequate parking is available on-site and from the adjacent distillery and movie theater,through lease agreements, as shown on the parking layout depicted on page seven of this report. • The proposed beauty salon with microblading, classified as a personal service establishment, is considered a compatible use in the 70-75 dB DNL and the Accident Potential Zone 2 of the Air Installations Compatible Use Zones (AICUZ). • There is a nonconforming freestanding sign on the property and the signs on the submitted renderings appear to be too large.As is the typical approach to bringing sites into compliance, a condition is recommended that all signage be in conformance with the requirements of the City Zoning Ordinance. A-16* B-Z A-3• Zoning History # Request 17— 1 CUP Craft Distille A roved 01/07/2020 ' 2 CUP(Mini Warehouse)Approved 05/22/2012 0�. 3 CRZ((R-5 Residential District to A-18 Apartment District) Approved 10/19/1979 rrrl Ai Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning SIC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The vacant 8,580 square foot building is currently being renovated for retail and office uses.The beauty salon will occupy 1,883 square feet of the building, and the microblading service will be a component of the beauty salon. The proposed use will renovate the existing retail building to a modern and high quality design building for office and retail uses which will attract much-needed life to this formerly vacant retail building.The site is surrounded by commercial properties and, as required by the Zoning Ordinance,there is no other tattoo parlor within 600 feet of this request.This proposal appears to meet the requirements of Section 242.1 of the Zoning Ordinance for a Tattoo Parlor. Vogue Lashes&Spa Agenda Item 1 Page 2 Staff did note that the building signs depicted on the renderings provided for informational purposes may exceed the maximum size standard. Consistent with how nonconforming signs have been addressed in previous applications, Staff recommends Condition 4 that requires the freestanding billboard sign along Laskin Road be removed and Condition 5 that states all signage, building or freestanding, comply with the current sign regulations. Prior to operating on the site,the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. As the site is commercially zoned, Staff finds the proposed offering of microblading to be a good use at this location as it meets the distance requirement set forth in the Zoning Ordinance, and is compatible with the commercial and restaurant uses in the surrounding area. Staff recommends approval of this proposal subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. The freestanding billboard sign along Laskin Road, as shown in the photographs on pages 12 & 13 of this report, shall be demolished and removed from the property within 90 days of City Council approval. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject site is located within the Urban Area—Resort Strategic Growth Area (SGA) along the Laskin Road Gateway which serves as an entrance into the Resort.The Resort Area Strategic Action Plan calls for the creation of great districts with distinctive identities and improving transit and pedestrian connections between destinations. Vogue Lashes &Spa Agenda Item 1 Page 3 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Laskin Road 25,000 ADT1 34,800 ADT1 (LOS2 "D") No Data Available Oriole Drive No Data Available 1 Average Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin Road and Oriole Drive are in the vicinity of this application. Laskin Road is considered a four-lane major urban arterial and Oriole Drive is a two-lane local collector street. In addition to the existing four-lane section of Laskin Road, there are two, two-lane local access roads (i.e., feeder roads) parallel to the mainline portion of the roadway; one on the south side of Laskin Road and one on the north side of Laskin Road. Access to this parcel is from the feeder road and Oriole Drive. There is a CIP slated for this segment of Laskin Road. Laskin Road Phase I-B (CIP 2-156) is for the construction of a six-lane divided highway in a 150-foot right-of-way from Red Robin Road to Oriole Drive and the reconstruction of the Laskin Road / N. Birdneck Road intersection. The feeder roads along Laskin Road within the project limits will also be removed. There is currently no funding for this project and because of that, the design phase has not been initiated for this project. Public Utility Impacts Water & Sewer This site is currently connected to both 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 May 11, 2020. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020, and May 31, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 22, 2020. • 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 June 4, 2020. Vogue Lashes &Spa Agenda Item 1 Page 4 City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sundays,July 5, 2020 and July 12, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 6, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 17, 2020. Vogue Lashes&Spa Agenda Item 1 Page 5 Proposed Site Layout (1Y1d) ,9Z139 N I, (41313) ,l l'88 3„oo,oS.c l S `` 0 0 45tii ------' '---.(Vii/ I , t'f - .:.ii.: vcc D z o 0 Z _ O84 -- �gElti � CC • V1 QQ N p O I. W F- w ' Z � � r 1.6 3 > r1 [Di L >_. = c, _ I 41.,LT �- ,-i v'm E Cl N `/ o.- 1 "v ,I.6 or . �o • - (.0 tri 0 s r m iri iii CC < W - w� Z ix o Z 0 Q o o O ,-tiq Y o 3 b z m go o Z Z v) m _ Y L7 Q d J 6'17 ,6'ZS _L.- ,L'Z 1 -1 1 ......„, m, i_. U Z O o 0 N ¢ oN N flS 0H .0, I = a a �ZI- r Y I 30 in oar N. 310d 1VNOIS DI33V?!1 0 1 z N c� X08 1810 0133Viil • > m 0 ti) .11. 3E 4. . OgS , w �= (oU3 .od 'LCQZ '9Ta) (M/2s HIOIM yi\) 3AI a 31OI2iO 'S Vogue Lashes & Spa Agenda Item 1 Page 6 -iz co -q m- z cra I— ... . IF rrrr, ' 8 ON—SITE .. A _------- PARKING • SPACES - ' - -,00s'-, . , . PARKING 1.5 LEASED SPACES —.."- -, ,,,.., ,. . ",` .,t'-' 993 PARKING SPACES ..'' ' ... .,. ,,.... , t"-49": 941 tor .1. . r. . . k . ' • rro• ik, ' '.r.... r "i.; 4 05.4..t, * Ill $ . •.0../ , 902 Y,i t. 01940 o .0., • e .K41'. der'''' .14 .aci c at) r- (D a) = (/' a_ CFQ -- un rD -0 ......1 I—, 0) Building Renderings • ak 3 aexraa l 1i,,, , ,,, is. ._ Ill III 1 IV 4 - WI' .. ' .. - --, _, - . m--F _ _ ___ Mildill Ex,ctr:G __�J 4 4 : \ I ; • . _ . . . $ 41 - - i,;4, 4., t ' FR .. Vogue Lashes & Spa Agenda Item 1 Page 8 Site Photos _ • • ,k4c: ,.••• *".: • ' • -14(`" •••• dit a a, iz 04. 4f--;--v--;,-; - -A ICICZS 4k- g -141 .041021140rjt14- Vogue Lashes &Spa Agenda Item 1 Page 9 Site Photos ..),,,. ,\ • , , . ,...,. ._.:,.r .. . .. ,,. ... .._ . .• - _... ,,,,g- ,, .„.v. :11a*P-, ... I ' t,T a S Oriol j yr - .44tNii177171:11i 44B, •i !,i' , i1, aril . i Vogue Lashes & Spa Agenda Item 1 Page 10 Disclosure Statement • Virginia Beach APPLICANT'S NAME Vo8ue es vcu DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • Y._ 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applications) APPLICANT NOTIFIED OF HEARING DAZE ® NO CHANGES AS OF DATE 07.07.2020 hDao REVISIONS SUBMITTED DATE Vogue Lashes &Spa Agenda Item 1 Page 11 Disclosure Statement 1VB Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: vv ue- �-O�1.eS G}- SeA If an LLC, list all member's names: lo 1Cu\,kor, If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization,AND THEN,complete the following. `�j (A) List the Property Owner's name:.. .,Ca.S�t `, .••-J` -a_S . If an LLC, list the member's names:S\-ct�k��3:i��,c1_J`\ S •� 3Q.,,J \v .1LAtok.k-A ?v,,ct, Ca* r—vne4jubs.' Page 2 of 7 Vogue Lashes &Spa Agenda Item 1 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 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. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Vogue Lashes &Spa Agenda Item 1 Page 13 Disclosure Statement • APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets needed) EAccounting and/or preparer of U your tax return I ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed I 1 IX purchaser of the subject property L� (identify purchaser(s)and purchaser's service providers) IJ E Construction Contractors EEngineers/Surveyors/Agents -- Financing (include current Emortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) UE Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 0 an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Vogue Lashes &Spa Agenda Item 1 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. v1e-%se. v< - ,; APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Vogue Lashes & Spa Agenda Item 1 Page 15 Disclosure Statement OWNER Virginia Reach YES NO SERVICE 1 PROVIDER(use additional sheets if needed) 0 Accounting and/or preparer of 13°^r�5 tKr ,x 11 Er your tax return iry,-,\ 't p .,-r-7_, Fij - Architect/Landscape Architect/ - Land Planner 1 ..,1e.1'T•' S'�••• .'4 — Contract Purchaser(if other than — l T l the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ 0 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ErConstruction Contractors R.va..%(+-Lo_.S‘ ?.1„... Lt-c.-- CE Engineers/Surveyors/Agents s 51 , , .L b t C` Financing (include current )) El ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) k d..,, 3.--... n0 Legal Services Real Estate Brokers/ J \ — Agents/Realtors for current and `"�`-� r�\ — anticipated future sales of the .42,._..,\c.;4 ,...st.c,G,r 0,e subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 0 2 an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Vogue Lashes &Spa Agenda Item 1 Page 16 Disclosure Statement 1k1B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. //4/&; PROPERTY OWNER'S�JCNATURE PRINT NAME ATE Page 7 of 7 Vogue Lashes &Spa Agenda Item 1 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Vogue Lashes &Spa Agenda Item 1 Page 18 Items#1 Vogue Lashes&Spa [Applicant] Laskin Road, LLC[Owner] Conditional Use Permit(Tattoo Parlor) 993 Laskin Road June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Madam Chair, the first Consent Agenda Item is Item one Vogue Lashes and Spa for a conditional use permit for a tattoo parlor for the property located at 993,Laskin Road in the beach district. The applicant's representative is Mr. Ilya Kalikin. Mr. Kalikin when you begin speaking please first identify yourself for the record, and indicate whether you support staffs recommendation. Mr Kalikin, the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Mr. Kalikin: Good afternoon everyone. Yes, we are applying for conditional use permit for this spa. That is our second location, and we are only looking for the permanent make up part for that. Mr. Landfair: Thank you. Madam Chair,that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that,it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading,a tattooing technique used in the application of permanent make-up.No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. The freestanding billboard sign along Laskin Road,as shown in the photographs on pages 12& 13 of this report, shall be demolished and removed from the property within 90 days of City Council approval. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance,and there shall be no neon,electronic display or similar sign installed on the exterior of the building or in any window,or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED) concepts and strategies as they pertain to this site.. 4 V- .,/ '-, ( ...//4)(9, 7-'-- to ct / > - (:,t,o ,„:" , _ iv --...." 4 7..N. o -� a Y v r ��� O cv r 10 r6 ate. • , rt. � , �� o o 0.0r o N --, , i Lri)dh- ' 4) 0 o 4c_i rLti r r— , - \Q rrr� o � � CD 1/4 t' a __Ts- \ ' —..\,/ \ \\\\,,,\ V) ti O \ c.) •_ 0 ; r i , ,... O a) :\`.\'*44-\\,,\ ck d c., ., = 0 CD rr ' 0 Ciz 2 \\* 1\,..' a3 7-' 4a �.,N r N a ���j � :le _ m m -- r4c o .s -.Gino o L r 4' r-' tr ' 8/p,� a) /� � �I. 4 - Cr Liao cm Q m Iroo I : rLr Cp QO 0) ... 4a�, � �.. a r <Q .. aop `^' a rQ a o v Sao. aQ ���fff M E r, rj ` C''�rr : e,e/ v ` o% , a th a` N a m J 1 7L 1 /_ /! �f7 pl. r Nu, C...., CITY OF VIRGINIA BEACH \ AGENDA ITEM ITEM: INKCREDIBLE TATTOO, LLC [Applicant] DAM NECK CROSSING, LLC [Property Owner] Conditional Use Permit(Tattoo Parlor) on property located at 1630 General Booth Boulevard, Suite 112 (GPIN 2415541078), COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: July 21, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor within an existing 2,500 square foot unit in a shopping center along General Booth Boulevard. No exterior changes are proposed to the building except that an internally illuminated building-mounted sign is proposed. • Considerations: The proposed request is an acceptable use in this location as the property is surrounded by commercial properties and, as required by the Zoning Ordinance, there is no other tattoo parlor within 600 feet of the site. No additional parking is required within the shopping center, as it was designed to accommodate a variety of commercial uses. The proposed sign will meet the standards of the Zoning Ordinance. 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 application. ■ Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. INKcredible Tattoo, LLC Page 2 of 2 A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 7/ Submitting Department/Agency: Planning Departmentf��� 7 City Manager: Applicant INKcredible Tattoo, LLC Agenda Item Owner Dam Neck Crossing, LLC 111/4/BPublic Hearing June 10, 2020 5 , , City Council Election District Princess Anne Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation J 1 E Approval • P Staff Planner / _ Jonathan Sanders - - Dam Neck Road - T ...WI • Location = s , Q 1630 General Booth Boulevard, Suite 112 v GPIN 2415541078ica. Site Size , Ea. Ro.v $ • W 12.71 acres ` AICUZ Less than 65 dB DNL ���u�' ° r �� °co 3 ... ao ,.a Watershed \ 0�. Southern Rivers o Existing Land Use and Zoning District i Shopping Center/ B-2 Community Business 'y;N ;' m Surrounding Land Uses and Zoning Districts Pn : ro _ .. s North P ' • " 1°°'' 104.4 - i } Single-family dwellings/AG-1 &AG-2 " G �T Agricultural , � c, South hab , r Doi y � '' .•� Restaurants, mixed retail, mini-storage/ B-2 4.4* 3 4IF - - ! . • 4 Community Business , '• a` East is , , k> �, t x� Vacant/AG-1 & AG-2 Agricultural :' b �, o'O . West t ,, �9 4 ;bayR7 W General Booth Boulevard _ e,-0 •.; .1Single-family dwellings, restaurants, mixed ► "oRoa� retail/ PD-H1 Planned Unit Development, B-2 ""• W .a Community Business District INKcredible Tattoo, LLC Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant is requesting to operate a Tattoo Parlor within an existing 2,500 square foot unit in a shopping center along General Booth Boulevard. Based on this,a Conditional Use Permit application has been submitted. • According to the application,four employees are anticipated. • The hours of operation are proposed as 11:00 a.m. to 9:00 p.m.,Tuesday to Saturday. • No exterior changes are proposed to the building except that an internally illuminated building-mounted sign with green fade to black channel-style letters is proposed and is depicted on page six of this report. Rft: /4ej /*hi "7,0,, �,j;'° � f Zoning History 0 �.*;�. r,l�� •c�; # Request Af j F v 1 CUP(Car Wash Facility)Approved 11 20 2018 / PP / / �;��• 2 ct G. �/� og, . CUP(Indoor Recreation)Approved 05/16/2017 4 ;;: °a`r, �i r o.l= � CUP(Motor Vehicle Rentals)Approved 05/27/2014 3 CRZ(AG-1 7 AG-2 to Conditional B-2)Approved �4(4 y : 06/10/2003 -y c 3r� � CUP(Mini-Warehouses)Approved 06/10/2003 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The Conditional Use Permit request for a Tattoo Parlor is, in Staffs opinion, acceptable given that the use will be compatible with the other existing commercial businesses in the area and the proposed sign meets the standards of the Zoning Ordinance. No additional parking is required within the shopping center,as it was designed to accommodate a variety of mixed retail uses. The site is surrounded by commercial properties and, as required by the Zoning Ordinance, there is no other tattoo parlor within 600 feet of this request. Prior to operating on the site,the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses,waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting.A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. INKcredible Tattoo, LLC Agenda Item 5 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 consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic General Booth Boulevard 32,300 ADT1 32,700 ADT 1(LOS 2 "D") No Change is Anticipated 'Average Daily Trips 2 LOS=Level of Service INKcredible Tattoo, LLC Agenda Item 5 Page 3 Public Utility Impacts Water&Sewer This site is currently connected to both 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 May 11, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020, and May 31, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 22, 2020. • 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 5, 2020 and July 12,2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 6, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/citv-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 17, 2020. INKcredible Tattoo, LLC Agenda Item 5 Page 4 Proposed Site Layout Of fin it _ me r th Onelife CII1�11IIII LOTS./ FITNESS rainum II-- ■ 1 1 11 UnitII 1111 Not In,it,d+d ..r. J 11 cevteraL goc�l� �Lvcl. INKcredible Tattoo, LLC Agenda Item 5 Page 5 Proposed Sign I- 0 1 .' 1, CD • _ : art' N F'0 44 • ONO CO _.,a ,, f 0:11 ,z_... d ON ! !Hill ;; V z � k - , GI , . Olt z m ■ W c .1::: 1� • I 1:1• Gil o I w LL L . CD , Q O Y Q LaJ bell 14.1 or• 2 W iW ` i uC I = z cn or u Is LU W V3 - F — ►,t— --/ L, ct -, mcO 1 17 v..4Z w3▪ mwu, . ! ..Sd �.I a ~ C - cr.i - w co '.. J.19 z h a : - WO k I..Od Qwiili k•2 in J. all anoNlIS ..s sS: U L Cr F- VI N p ❑ m h c ` f ®YCa ▪ 1 Al3 CO CO y Si u t m _ a i O Q Z • E 2 _ _ 10 - OA c 0 A u P. n i i b 2 ,.—Is V n N c E C In c ▪ 1i e • v ..,N. G 6 : ^,, _ , Ri = ^ N t H U_ H fA SQ ❑ N ❑ .e c� In f ❑CV 6 INKcredible Tattoo, LLC Agenda Item 5 Page 6 Site Photos • 4 - mom • ' -439. .;MIS.• W"' '"Pir 11 T . • r . --'""11"1041•• _ , . • • " •". 1.4` •." t 4- -<• iff: • I!' • r • "- . . .• . . • • ; ;. • _ - . = "lag .11111111 111111 111.111111 _ . . • .-• ' 1 NKcredible Tattoo, LLC Agenda Item 5 Page 7 Disclosure Statement N/B Virginia Beach APPLICANT'S NAME INKcredible Tattoo, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two f2)weeks prior to a Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicat r. APPLICANT NOTIFIED OF HEARING DATE la^ NO CHANGES AS OF DATE 111.4124, 024,. W to-h'...471 4a_ REVISIONS SUBMITTED DATE S. INKcredible Tattoo, LLC Agenda Item 5 Page 8 Disclosure Statement NB Virginia Beach ElCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:INKcredible Tattoo, LLC If an LLC, list all member's names: Mattlock Lopes, Manager If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 11 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Dam Neck Crossing, LLC If an LLC, list the member's names:Robert Raphael Page 2 of 7 INKcredible Tattoo, LLC Agenda Item 5 Page 9 Disclosure Statement :NB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 -Affiliated business entity relationship- means "a relationshi other than p. parent-subsidiary relationship. that exists when (i)one business entity has a controlling ownership interest in the other business entity. (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 INKcredible Tattoo, LLC Agenda Item 5 Page 10 Disclosure Statement APPLICANT Virginia Beach LYES] NO SERVICE J PROVIDER(use additional sheets if needed) ❑ `, Accounting and/or pre parer of your tax return IZ Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 'T purchaser of the subject property ' (identify purchaser(s)and purchaser's service providers) nConstruction Contractors Cardinal Sign Corporation Engineers /Surveyors/Agents Financing (include current fl r mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 INKcredible Tattoo, LLC Agenda Item 5 Page 11 Disclosure Statement _ - Virginia Beach CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. MQ]fak Lgxs Mir APP CA LURE Aff PRINT NAME DATE Page 5 of 7 INKcredible Tattoo, LLC Agenda Item 5 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) z ❑ Accounting and/or preparer of Kahn+Goodman CPAs your tax return ❑ ® Architect/ Landscape Architect / Land Planner Contract Purchaser(if other than C the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed Li ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) El ® Construction Contractors nEngineers/ Surveyors/Agents Financing (include current Wells Fargo Z ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services David Graker,Esq. Real Estate Brokers / Shopping Center Group: Karen X n Agents/Realtors for current and Mikulski&Debra Ramey anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 4 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 INKcredible Tattoo, LLC Agenda Item 5 Page 13 Disclosure Statement a Virginia Beach CERTIFICATION(: I certify that all of the Information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Darn Neck Cross, By /NAME E PROPERTY OWNER'S G U -- PRINT DATE Page 7 of 7 INKcredible Tattoo, LLC Agenda Item 5 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. INKcredible Tattoo, LLC Agenda Item 5 Page 15 Item#5. INKcredible Tattoo, LLC[Applicant] Dam Neck Crossing,LLC[Owner] Conditional Use Permit(Tattoo Parlor) 1630 General Booth Boulevard,Suite 112 June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number four Rychea Reed for a conditional use permit request for a family daycare home at 1674, Dylan Drive in the Kempsville District. The applicant is Ms. Rychea Reed. Ms. Reed when you begin speaking please first identify yourself for the record, and indicate whether you found the conditions acceptable. Ms. Reed the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Ms. Reed: Good evening, I am requesting a conditional use permit for my in home daycare at 1674, Dylan Drive in Virginia Beach, Virginia. My name is Rychea Reed and I do find an acceptable. Thank you. Mr. Landfair: Thank you. The next item on consent is item number five, INKcredible Tattoo, LLC for Conditional Use Permit request for Tattoo Parlor at 1630 General Booth, Boulevard, Suite 112, in the Princess Anne District. The applicant's representative is Mr. Eddie Bourdon. Mr. Bourdon when you begin speaking please first identify yourself for the record, and indicate whether you found the conditions acceptable. Mr.Bourdon the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Mr. Bourdon: Thank you, Mr. Landfair, Madam Chair, and members of Commission for the record Eddie Bourdon Virginia Beach Attorney representing INKcredible Tattoo, LLC. We appreciate the item being on the consent agenda, all three conditions are acceptable and also want to thank Jonathan Sanders for his work on the request. Mr. Landfair: The next item on consent is item number seven. Lorna C. Donatone, QPRT for a conditional use permit request for community pier at 1421 and 1423, Blue Heron 1 Road in the Lynnhaven District. The applicant's representative is Mr. Bob Simon. Mr. Simon, when you begin speaking, please first identify yourself for the record, and indicate whether you found the conditions acceptable. Mr. Simon, the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Mr. Simon: Good afternoon, members of the Planning Commission, Robert Simon for the record representing Donatone on this application. We are in agreement with the conditions. Thank you for placing this agenda. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. 2 Mr. Inman: Thank you,Bill. I am not sure I noted that,it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. 3 Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 4 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 5 i c - -1 J I-1 I-1 ci I i IA . A Cleveland Street Cleveland Street I 1-1 N L-1 a) Site ,,, Pro ert Polygons Emmanuel B. Platon " \177 p Y- yg 5044 Cleveland Street ti QZoning Parking Lot Drive Aisle E immm imm Feet 1 1 Buildina 012.525 50 75 100 125 150 I \ 44. r„..se-*);\ ige -. - )tp, ‘.. ff; CITY OF VIRGINIA BEACH \. AGENDA ITEM ITEM: EMMANUAL B. PLATON [Applicant] METRO HOLDINGS, LLC [Property Owner] Conditional Use Permit (Automotive Repair Garage) for property located at 5044 Cleveland Street (GPIN 1467846647), COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 21, 2020 • Background: The applicant is requesting a Conditional Use Permit for an Automotive Repair Garage to install a paint booth. Automobile servicing has occurred on this site since the building was constructed in 1970. At that time, the use was permitted without the need for a Conditional Use Permit. As the applicant is seeking to expand the business to include auto collision services, a Conditional Use Permit is now required. The paint booth will occupy approximately 2,100 square feet of the existing 4,256 square foot building. • Considerations: There are no exterior changes or expansion of the building proposed and the parking on-site accommodates the services proposed. The subject site is located in the Central Village District of the Pembroke Strategic Growth Area (SGA). While there are similar uses in the vicinity, both the current and proposed uses are not consistent with the Comprehensive's Plan's recommendation for this portion of the Pembroke SGA. The Plan envisions mid- to low-rise commercial and urban residential uses in this area of Virginia Beach. However, the Automotive Repair Garage is deemed appropriate as an `interim use' until the surrounding area begins to redevelop consistent with the recommendations of the Plan. The proposal to add a paint booth does not constitute a major change of use. A condition is recommended that removes a nonconforming freestanding sign to bring the site into compliance with the current sign regulations. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this application. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. Emmanuel B. Platon Page 2 of 2 2. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 3. There shall be no outside storage of equipment, parts, tires or materials. 4. No motor vehicle repair work shall take place outside of the building. 5. No motor vehicles shall be parked within any portion of the public right-of-way. 6. The nonconforming freestanding sign shall be removed within 90 days of City Council approval. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 9. There shall be no portable or nonstructural signs or electronic display signs on the site. 10.Subject to Section 221(k) of the Zoning Ordinance, an administrative review by the Planning Director shall occur 10 years after City Council approval of the Automotive Repair Garage Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. • 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 72Q'7 City Manager: BApplicant Emmanuel B. Platon Agenda Item Owner Metro Holdings, LLC Public Hearing June 10, 2020 3 City Council Election District Bayside Virginia Beach Request Conditional Use Permit (Automotive Repair Garage) ) _i 410'ys,,°. I16Cha d Rq.d Staff Recommendation k9''we m II G,e<, 5 a G 4 Approval i —at eya'a� o � i - a i .f N O Bf Staff Planner .: F`�\----_____ Marchelle Coleman Elio '_ .. CtevNMN Street —- i Location a � 5044 Cleveland Street A Southern Boulevard GPIN • 1467846647 ' a"n 9`"`� • Site Size #. M p ,r�C''' 12,062 square feet - T. AICUZ • Less than 65 dB DNL Watershed Chesapeake Bay t , -11 a Existing Land Use and Zoning District Automotive Repair Garage/ I-1 Light Industrial 1 ° - Surrounding Land Uses and Zoning Districts ,.•. `" North o-1 .. . j" f ,_ 4 I ; . ,. . Towing business/ I-1 Light Industrial 4,- �` South x s` - . 1 Retail / I-1 Light Industrial East Cleveland Street Distibution center, church / I-1 Light Industrial . ] 3 - AiWest - 4 ohi__ Warehouse/ I-1 Light Industrial • - d4 Or. -4 vit. _ Emmanuel B. Platon Agenda Item 3 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for an Automotive Repair Garage to install a paint booth. Automobile servicing has occurred on this site since the building was constructed in 1970.At that time, the use was permitted without the need for a Conditional Use Permit. As the applicant is seeking to expand the business to include auto collision services,a Conditional Use Permit is now required. • The auto colllision services, including the installation of the paint booth, will occupy approximately 2,100 square feet of the existing 4,256 square foot building. • Currently,the Automotive Repair Garage operation with two employees provides maintenance services such as heating and cooling, steering and suspension repair, electrical services, brake system work, engine and transmission repair, and Virginia State Inspections. • According to the applicant,there will be no changes to the exterior of the building.All work and the storage of materials will occur within the building.There are four service bays that face Cleveland Street. • The applicant is proposing new signage on the building for the auto collision services, as depicted on page seven of this report. Currently, there is a 20-foot nonconforming freestanding sign on the property that has been on the site since 1970. Under the current Zoning Ordinance sign requirements, a freestanding sign can be no taller than 12 feet in height. As this sign does not meet current standards, Staff recommends the removal of the nonconforming sign and that all new signage meet the requirements of the Zoning Ordinance. • Per Section 203 of the City Zoning Ordinance, one space per 900 square feet of floor area, or five spaces for this 4,256 square foot building are required.The existing parking area consists of 19 parking spaces, exceeding the minimum parking requirement by 14 spaces. • The typical hours of operation are 7:30 a.m. to 5:00 p.m., Monday through Saturday. j i 1 � - . II 41 I hY F7 ...;_ 2 Zoning History '�/// # Request 1 CUP(Automotive Repair Garage)Approved 11/17/2015 i /1 NON(Change in Non-Conformity for Motor Vehicle Sales)Approved 11/17/2015 Cleveland!Wan 2 CUP(Automotive Repair Garage)Approved 08/04/2015 i ( 5 L- Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Emmanuel B. Platon Agenda Item 3 Page 2 Evaluation & Recommendation This request for a Conditional Use Permit for an Automotive Repair Garage to install a paint booth within the existing business, in Staff's opinion, is acceptable. As stated previously, no changes or expansion to the building is proposed, and the parking on-site accommodates the services provided. This subject site is located in the Central Village District of the Pembroke Strategic Growth Area (SGA). While there are similar uses in the vicinity, both the current and proposed uses are not consistent with the Comprehensive's Plan's recommendation for this portion of the Pembroke SGA, as it calls for an eclectic, mid-to low-rise commercial and urban residential area.This area is envisioned for live-work, loft and row-house residential buildings and smaller scale mixed use commercial buildings. However,the Automotive Repair Garage is deemed appropriate as an 'interim use' until the surrounding area begins to redevelop consistent with the recommendations of the Pembroke SGA Plan.The proposal to add an interior paint booth does not constitute a major change of use or major investment in site improvements. There is a planned Capital Improvement Project(CIP)for Cleveland Street scheduled for construction in 2023. Per the plan, needed property acquisitions will occur as early as 2021. The CIP will include funding for design, property acquisition and construction of an improved Cleveland Street.A four-lane, 90-foot wide divided roadway with shared- use pathways, on-road bike lanes and landscaping will be constructed, as identified in the Pembroke SGA Plan. Since this property is not currently consistent with the Comprehensive Plan's vision for this area and the CIP project scheduled for improvements to Cleveland Street, a condition has been added that will provide an administrative review by the Planning Director 10 years after City Council approval to ensure that the use is still compatible with the uses in the vicinity and that there is no detrimental impact to public health, safety, and welfare. No negative impacts to adjacent property owners are anticipated. Based on these considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The applicant shall obtain all necessary permits for the installation of a paint booth for the proposed use. If the required permits for the paint booth are not obtained,the painting of vehicles shall be prohibited on the site. 2. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 3. There shall be no outside storage of equipment, parts,tires or materials. 4. No motor vehicle repair work shall take place outside of the building. 5. No motor vehicles shall be parked within any portion of the public right-of-way. 6. The nonconforming freestanding sign shall be removed within 90 days of City Council approval. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance.A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. Emmanuel B. Platon Agenda Item 3 Page 3 9. There shall be no portable or nonstructural signs or electronic display signs on the site. 10. Subject to Section 221(k)of the Zoning Ordinance, an administrative review by the Planning Director shall occur 10 years after City Council approval of the Automotive Repair Garage Conditional Use Permit.This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to public health, safety, and welfare. Furthermore,this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise,traffic, or overflow parking. 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 site is located in an area of the Pembroke Strategic Growth Area referred to as the Central Village District.This district is envisioned by the Pembroke SGA Plan as an eclectic, mid to low-rise commercial and urban-residential area. More specifically a maximum building height of thirty to fifty feet is recommended (p. 58). Due to the planned high residential density, a great deal of gathering places and open space will be required.The SGA Plan specifically calls out pocket parks and urban plazas as being appropriate in the Central Village District and recommends that twenty percent of the developed area be green space and thirty percent be open space (these spaces may overlap) (p. 58).To achieve this,the Plan recommends incorporating recreational activities as a secondary use of green infrastructure improvements (p.54). Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural resources on this property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Jersey Avenue No Data Available 2— Existing Land Use 140 ADT Cleveland Street 10,100 ADT' 12,500 ADT 1(LOS 4"D") Proposed Land Use 3-140 ADT lAverage Daily Trips 2 as defined by a Automotive 3as defined by a Automotive 4 LOS=Level of Service Repair Garage Repair Garage with paint booth Emmanuel B. Platon Agenda Item 3 Page 4 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Jersey Avenue in the vicinity of this application is considered a two-lane local street.There are no roadway CIP projects planned for this section. Cleveland Street in the vicinity of this application is considered a two-lane collector street.There are two roadway CIP projects planned for this street. Cleveland Street is within the limits of the Witchduck Phase II Project.The Witchduck Road Phase II, CIP 2-025, is currently under construction and is scheduled to be completed in the second half of 2020. There is also a Cleveland Street CIP for street improvements, which is scheduled for construction in 2023. Public Utility Impacts Water&Sewer This site is currently connected to both 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 May 11, 2020. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 22, 2020. • 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 June 4, 2020. City Council • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays,July 5, 2020 and July 12, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 6, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/citv-council/Documents/BookmarkedAgenda.pdf on July 17, 2020. Emmanuel B. Platon Agenda Item 3 Page 5 Site Layout . . _ . . _ . R, _ . . _ . . _ na 7 Parking . • _�_ _ Spaces 1 n"..,,, o.3' OUT _ _._ _.. :. _ : -x - - Z LOT 20 ; — iv W Existing Building _ .. c LOT p 0.5' iN -D 4,256 sq. ft. ram" i r,..g-:, LOT 43 . ;i r,i Existing LOT 2 - �otiC:.•_ T` , •T n 6' Tall 2 2 Parking •1`' 10 Parking Chain Link 1P(E)- Spaces4. LOT 4 4 Spaces Fence yyence r• .°•..'� �a a Existing 20' - .ws . .. .. . ... _ Freestanding Sign r• - ._ to be removed CLEVELAND STREET ( 60' R/W , ; - Emmanuel B. Platon Agenda Item 3 Page 6 Proposed Sign Rendering I t 80" ? 8sERIES 40" auto body repair 80" x 40" Signage Emmanuel B. Platon Agenda Item 3 Page 7 Site Photos -. •.J I 011ie t s Emmanuel B. Platon Agenda Item 3 Page 8 Site Photos Stir rauciatiliK • TOMO Emmanuel B. Platon Agenda Item 3 Page 9 Disclosure Statement 11/4B Virginia Beach APPLICANT'S NAME Emmauel B. Paton DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia. law. .-� ...._ :._. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures mast he updated two(21 weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the appliration(s). 4/1a4v6e-A-,O APPLICANT NOTIFIED OF HEARING DAlt !xi NO CHANGES AS OF DA1 E: 7/7/2020 MLC REVISIONS SUBMITTED DATE Emmanuel B. Platon Agenda Item 3 Page 10 Disclosure Statement Virginia Beach ECheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Emmanuel B. Platon If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 111 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Metro Holdings, LLC If an LLC, list the member's names:Stephen Silliphant Page 2 of 7 Emmanuel B. Platon Agenda Item 3 Page 11 Disclosure Statement 7k)B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Emmanuel B. Platon Agenda Item 3 Page 12 Disclosure Statement APPLICANT Virginia Brach YES NO SERVICE PROVIDER(use additional sheets if needed) n Accounting and/or preparer of l I V�1 your tax return Inl Architect/ Landscape Architect/ I,\I Land Planner Contract Purchaser(if other than rithe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed I 1 purchaser of the subject property u (identify purchaser(s)and purchaser's service providers) • nConstruction Contractors ❑ X Engineers/Surveyors/Agents Financing (include current ❑ z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 71 Legal Services Real Estate Brokers/ ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development . contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Emmanuel B. Platon Agenda Item 3 Page 13 Disclosure Statement • • Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGN E PRINT NAME DATE Oil r•i H f‘i L},l'I- R P 1,14T ut1 -2: Page 5 of 7 Emmanuel B. Platon Agenda Item 3 Page 14 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n 7 Accounting and/or preparer of your tax return I� L Architect/Landscape Architect/ �` Land Planner n Contract Purchaser(if other than n the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) IJ IX Construction Contractors Engineers/Surveyors/Agents Financing (include current x mortgage holders and lenders �J selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ El X Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n ❑X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Emmanuel B. Platon Agenda Item 3 Page 15 Disclosure Statement • 'NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Emmanuel B. Platon Agenda Item 3 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 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Emmanuel B. Platon Agenda Item 3 Page 17 Items#3 Emmanuel B. Platon [Applicant] Metro Holdings, LLC[Owner] Modification of Conditions(Religious Use) 4853 Princess Anne Road June 10, 2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by Staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number three, Emmanuel B. Platon for a Conditional Use Permit request for an Automotive Repair Garage to install a paint booth at 5044 Cleveland Street in the Bayside district. The applicant is Mr. Emmanuel Platon. Mr. Platon, when you begin speaking first identify yourself for the record and indicate whether you found the conditions acceptable. Mr. Platon, the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Mr. Platon: Good afternoon, sir and madam. My name is Emmanuel Platon, applying for Auto Body Repair Shop paint booth permit, which located at 5044 Cleveland Street, Virginia Beach. Mr. Landfair: The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other 1 conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that,it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. 2 Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By a recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19,20, 21,26,27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The applicant shall obtain all necessary permits for the installation of a paint booth for the proposed use. If the required permits for the paint booth are not obtained, the painting of vehicles shall be prohibited on the site. 2.No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 3. There shall be no outside storage of equipment, parts, tires or materials. 4. No motor vehicle repair work shall take place outside of the building. 5. No motor vehicles shall be parked within any portion of the public right-of-way. 6.The nonconforming freestanding sign shall be removed within 90 days of City Council approval. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted,pasted, or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. 9. There shall be no portable or nonstructural signs or electronic display signs on the site. 10. Subject to Section 221(k) of the Zoning Ordinance, an administrative review by the Planning Director shall occur 10 years after City Council approval of the Automotive Repair Garage Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to public health, safety, and welfare. 4 N 1 /NNN -, of /7***N. ,./ / /7 /,. / ..„ N 2,- N> R.5D - / e e J */ CO ,/N./ 2:. NNN, 0 N('• 7 *". ,/Ni , N\> NN//N / RZD /..- I ,/- r , Site Property_Polygons A- RyChae LyNea Reed W Zoning 1674 Dylan Drive Parking Lot Drive Aisle .11 mom •iiit Esit Feet I Buildina 0 1020 40 60 80 100 120 ro • E7 si CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: RYCHAE LYNEA REED [Applicant] JOAQUIN V. CASTRO [Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 1674 Dylan Drive (GPIN 1465046346), COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: July 21, 2020 ■ Background: The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a semi-detached dwelling in the Brandon neighborhood. The applicant has over 20 years experience caring for children. The property owner acknowledges and approves their tenant's desire to care for children while also living in the dwelling. The 4,895 square foot property has an enclosed fenced-in backyard for the children to play outdoors. The typical hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Friday. • Considerations: The proposed Conditional Use Permit request for a Family Day-Care Home is consistent with the Comprehensive Plan's land use goals for residential areas, as it will provide a valuable service for families in the Suburban Area. The final number of children permitted to be cared for by the applicant will be determined by the Virginia Department of Social Services. During the site visit, the property appears to be organized and well-kept. To alleviate the potential for congestion of client parking in the right-of-way, a condition is recommended to stagger pickup and drop off times. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. Staff is not aware of any opposition to this request. ■ Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to the total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. Rychae LyNea Reed Page 2 of 2 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. 7. The fence enclosing the outdoor play area shall remain in place and shall be maintained. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. T--9Submitting Department/Agency: Planning Department City Manager: ��i1L, Applicant RyChae LyNea Reed owner Joaquin V. Castro Agenda Item Public Hearing June 10, 2020 B City Council Election District Kempsville 4 Virginia Beach Request Conditional Use Permit (Family Day-Care Home) Staff Recommendation ti 44.Approval Sys Staff Planner ea,°°°'Q�g .• \ '° Marchelle Coleman ° ?' at Location * - Si 4% 1 1674 Dylan Drive 4.,_ . GPIN / ., 1465046346 14 ±' P Site Size t. /\ Ivz 4,895 square feet °?,�q e �`. t� / V. AICUZ / t Less than 65dBDNL ��y j( s v. Watershed - ° Southern Rivers 'tom Existing Land Use and Zoning District Semi-detached dwelling/ R-5D Residential y .'Q,0 Surrounding Land Uses and Zoning Districts fi ° North �v F `1, o� Dylan Drive k- , Semi-detached dwellings / R-5D ResidentialIP ` South i ' Semi-detached dwellings/ R-5D Residential , - Ni' ' r S East � IA � � � ? i• Semi-detached dwellings/ R-5D Residential P, t . West A . ,) . ,, 41Ns °. 404 , Semi-detached dwellings/ R-5D Residential r .,� '+ �`� i 'tit. . jellt'4'''? 14 A ' 4 4.1 RyChae LyNea Reed Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a semi-detached dwelling in the Brandon neighborhood. • The applicant has over 20 years experience caring for children and has a two-year lease agreement with the owner of the property to care for children in this residence. • The 4,895 square foot parcel has an enclosed fenced-in backyard for the children to play outdoors. • The typical hours of operation are 6:00 a.m. through 6:00 p.m., Monday through Friday. J ,44F4s44.,. • o N. c F ate' 0 lirN \li, .- ,�; ♦ C.,/ , r A No Zoning History to Report 1., . 4q111°' 47 , e-. F,l li Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This request for a Conditional Use Permit for a Family Day-Care Home is, in Staff's opinion, consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. Staff finds the property to be organized and well- kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. Staff recommends a condition that pickup and drop off times be staggered to alleviate the potential for congestion in the right-of-way. Staff believes that the proposed use is appropriate for the subject site and is compatible with surrounding residential land uses, as it will provide a valuable service for families in the community with no anticipated adverse impacts. Based on these considerations, Staff recommends approval of this request subject to the conditions below. RyChae LyNea Reed Agenda Item 4 Page 2 Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to the total of twelve (12)children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than (1)square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. 7. The fence enclosing the outdoor play area shall remain in place and shall be maintained. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses.The proposed family day-care home provides a needed service to the community and,with the conditions listed in the staff report, will not be detrimental to any adjacent land uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed and there are no known signficiant cultural resources associated with this site. RyChae LyNea Reed Agenda Item 4 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 1—10 ADT Dylan Drive No Data Available Proposed Land Use 2—58 ADT 1 as defined by a semi-detached 2 as defined by a semi-detached dwelling dwelling with a Family Day-Care Home Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dylan Drive in the vicinity of this application is considered a two-lane undivided local street. There are no roadway CIP projects planned for this area. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. X letters of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 11, 2020. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 22, 2020. • 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 June 4, 2020. City Council • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays,July 5, 2020 and July 12, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 6, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 17, 2020. RyChae LyNea Reed Agenda Item 4 Page 4 Proposed Site Layout J� 1670 , 1672 DYLAN DR , f' k�e 1672 `. O \ J 4 DYLAN '' Shed Semi-Detached ;. i • Dwelling ti (a) _ - 1676 1681 GUT NNE 1001 1676 DYLAN Pr 6' Wood Privacy Outdoor Play Area 1683 GUTHRIE St Fence 1 11113 RyChae LyNea Reed Agenda Item 4 Page 5 Site Photos 1 " % 4 -- .. „:,... ? dr�Y .::,..;'.......,,:7:::t...;„.',,.* ,,..-,.. , :, - •ice ,V7 Tt' {�{ i 0 y7�{p .- ILllliiY/ w t -ti. - RyChae LyNea Reed Agenda Item 4 Page 6 Site Photos NN '�! NN, II i, a. '- - ii , : , t Y '=•'fir 'e ' 0 d� . ft r ye � ' ' i 4 .-.4',.. .,.. , x ? .. {fix ... x 7T . RyChae LyNea Reed Agenda Item 4 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME RyChae LyNea Reed DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicationtst. APPLICANT NOTIFIED OF HEARING NO CHANGES AS OF DAI I 7/7/2020 MLC ,a,;,��i/7`^+L a REVISIONS SUBMITTED DATI RyChae LyNea Reed Agenda Item 4 Page 8 Disclosure Statement NIB Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:RyChae LyNea Reed If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑X Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Joaquin V. Castro If an LLC, list the member's names: Page 2 of 7 RyChae LyNea Reed Agenda Item 4 Page 9 Disclosure Statement AB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2 2-3101. 2 Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 22-3101. —.4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 RyChae LyNea Reed Agenda Item 4 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ M Accounting and/or preparer of your tax return ▪ 7 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 111 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ �/ purchaser of the subject property L (identify purchaser(s)and purchaser's service providers) • nConstruction Contractors • CEngineers/Surveyors/Agents Financing (include current z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ • Z Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 RyChae LyNea Reed Agenda Item 4 Page 11 Disclosure Statement NIB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting_of,any public body or committee in connection with this Application. RyChae Reeder--- 02/27/20 PPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 RyChae LyNea Reed Agenda Item 4 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I I ® Accounting and/or preparer of your tax return IJ (nl Architect/Landscape Architect/ Land Planner ❑ — Contract Purchaser(if other than IXI the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors nEngineers/Surveyors/Agents Financing (include current ▪ x mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Li7 Legal Services Real Estate Brokers/ ▪ NZ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development I/�I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 RyChae LyNea Reed Agenda Item 4 Page 13 Disclosure Statement CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this lication. -k ,n C_C s�e 3/i tau PROPERTY OWNER'S SI TURE PRINT NAME DATE Page 7 of 7 RyChae LyNea Reed Agenda Item 4 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. RyChae LyNea Reed Agenda Item 4 Page 15 Items#4. RyChae LyNea Reed [Applicant]Joaquin V.Castro [Owner] Conditional Use Permit(Family Day-Care Home) 1674 Dylan Drive June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by Staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number four RyChea Reed for a conditional use permit request for a family daycare home at 1674, Dylan Drive in the Kempsville District. The applicant is Ms. RyChea Reed. Ms. Reed when you begin speaking please first identify yourself for the record, and indicate whether you found the conditions acceptable. Ms. Reed the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Ms. Reed: Good evening, I am requesting a conditional use permit for my in home daycare at 1674, Dylan Drive in Virginia Beach, Virginia. My name is RyChea Reed and I do find an acceptable. Thank you. Mr. Landfair: The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the Zoning Ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. 1 Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. 2 Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By a recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. 3 AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2.The family day-care home shall be limited to the total of twelve(12)children,other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 6.The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. 7. The fence enclosing the outdoor play area shall remain in place and shall be maintained. 4 ,___. ,.„ ,, 0,, , . ri _,„ ir \ 1 ., \ r'`.1 ym , K / , -\___, \„ ., \ , / ./ ,, R-40 R0 / _ je/ / A Site and Katherine Morin F Property_Polygons it)\ Lorna C. Donatone, QPRT & Scott 1421 & 1423 Blue Heron Road Zoning Parking Lot Drive Aisle in MIMI Fe( Building 0 25 50 100 150 200 250 300 , rs,.,,... , .- t- 7.:v, i., ,.:, l�4w„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LORNA C. DONATONE, QPRT [Applicant] LORNA C. DONATONE, QPRT; SCOTT & KATHERINE MORIN [Property Owner] Conditional Use Permit (Community Boat Dock) for the property located at 1421 & 1423 Blue Heron Road (GPINs 1498584496 & 1498585310). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: July 21, 2020 ■ Background: The existing pier was permitted through the Joint Permit Application process and constructed in 1999. During Hurricane Dorian, the pier was damaged and the owners submitted a new Joint Permit Application to replace the pier. They were informed that a Conditional Use Permit for a Community Boat Dock would be required to replace the pier because two adjacent property owners share use of the pier. • Considerations: The pier will be used by the applicant and the adjacent neighbor to accommodate watercraft owned by the two property owners. It is not anticipated that the proposed pier will have any negative impact on the neighborhood. The applicant has submitted a Joint Permit Application that will include review and approval by not only City Staff, but also the United States Army Corps of Engineers and the Virginia Marine Resources Commission prior to the issuance of a permit. 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. • Recommendations: On June 10, 2020, The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. Permits shall be secured from the appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction of the pier extensions and boatlifts. 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled "Proposed Pier Maintenance at 1421 Blue Heron Road", prepared by Waterfront Consulting, Inc., Sealed October 9, 2019 or as modified by the JPA Permit. Lorna C. Donatone, QPRT Page 2 of 2 3. No commercial use of the pier shall be permitted. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. --P-9/? Submitting Department/Agency: Planning Department City Manager: 7L. NIB Applicants & Owners Lorna C. Donatone, QPRT & Scott and Agenda Item Katherine Morin I Public Hearing June 10, 2020 City Council Election District Lynnhaven 7 Virginia Beach Request Conditional Use Permit (Community Boat Dock) 1c* _.� Staff Recommendation /r y,,--", Approval y_ Staff Planner Whitney McNamara s 1 Location ti 1421 & 1423 Blue Heron Road GPINs 1498584496 & 1498585310 Site Size 1.85 acres s AICUZ p 'Mr�7W 4 Less than 65 dB DNL `.„.. Watershed Chesapeake Bay Existing Land Use and Zoning District _. ,ist Single-family dwelling/ R-40 Residential Surrounding Land Uses and Zoning Districts North Single-family dwelling / R-40 Residential South Single-family dwelling/ R-40 Residential ... Y East -ems: Blue Heron Road Single-family dwellings/ R-40 Residential West Eastern Branch Lynnhaven River/Water tie Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 1 Background & Summary of Proposal • An existing pier,shared between two properties, was constructed prior to 2000. During Hurricane Dorian,the pier was damaged.The applicant applied for a Joint Permit Application,and was informed that a Conditional Use Permit was also needed to ultimately replace the pier. 1Ivo %. Zoning History j�/f % # Request �i/ SVR(Lot Width Reduction)Approved 03/13/2001 [Ki Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant is proposing to replace the existing pier located between 1421 and 1423 Blue Heron Road.The existing pier was constructed prior to 2000 and was damaged during Hurricane Dorian. When a Joint Permit Application was submitted for repairs, Zoning notified the applicants that a Conditional Use Permit was required. It is not anticipated that the proposed pier will have any negative impact on the neighborhood.The applicant has submitted a Joint Permit Application (JPA) and the request is currently under consideration by both the United States Army Corps of Engineers, as well as the Virginia Marine Resources Commission. As such,Staff recommends approval of this request with the conditions below. Recommended Conditions 1. Permits shall be secured from the appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction of the pier extensions and boatlifts. 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled "Proposed Pier Maintenance at 1421 Blue Heron Road", prepared by Waterfront Consulting, Inc., sealed October 9, 2019 or as modified by the JPA Permit. 3. No commercial use of the pier shall be permitted. 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 Lorna C. Donatone,QPRT et al. Agenda Item 7 Page 2 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 located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to surrounding uses. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed.The property is located in both the VE (9)and X flood zones. As the proposed modifications are water dependent, there does not appear to be any significant natural or cultural impacts associated with the proposed project. Traffic Impacts Access to the boat dock is from private property located on Blue Heron Road. No additional impacts to traffic are anticipated with this request. Public Utility Impacts The site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020 and May 31, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 22, 2020. • 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 June 4, 2020. Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 3 City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 5, 2020 and July 12,2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 6, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 17, 2020. Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 4 Proposed Site Layout T 3 e tLSt klAWS fltV4�QY5 YlKtuu E.B. OF LYNNHAVEN CST 6/01 VIA WI..GPS ON TI4 A RIVER CAROM NET REFE9E& NETAONA n n a I -FL00D2 1, 4.0 .t�S�e• A. 20 PC `P {•F b 1 t REPLACE EX.PIER IN SAME z Ai FOOTPRMIT(HATCHED) _----- JAI* ``'r S' ,!—" tH3y SO.._ __II34—10 - - — J I E Y Ri7AF ----a_..__- _ EX. , ARS', 1 I Top -'``-- --�r_ Lr - I Cr EANX ` I.- In i '10 Z_4 1 . . POD. 4.i L-a - `a I ' N t 3 2 Pi 17� I Znp 01 1 Illingliiipli ♦ t0 NI Oa J U pO *I �_ 'NC Z Z^ I 11 1 .' N,TA OF • l _ r i I �J� 4.,4s.8 •PIN f c- REGQRY O.MILSTEAD R tic. No,047323 PIN(F) •0•' 1 oh ` I1 ,wk PROPOSED SITE �{ R`4ao.0o, IMPROVEMENTS Ptk(F) ONAL `O Lttbt 35 BLUE HERON ROAD ° 40 R' {5O RNY) 2C15 WATERFRONT CONSULTING-INC ALI RIONTS RESERVED. 1-..10 L:! PURPOSE:MAINTENANCE J� PROPOSED:PIER MAINTENANCE ; � • WA-ERFRONT DATUM:MLW 0.0 �� CONSULTING INC IN:E.B.OF LYNNHAVEN RIVER A.P.O. �`�J� AT:1421 BLUE HERON ROAD SOUTH OF MORIN 9 0JA1 ITY COURT.STE 333 VIRGINIA BEACH,VA 23454 1.JOSEPH L.KOEN 1.1Rr•i A F=4,7- VA 23454 APPUCATION BY: t757147:-s2+4 LORNA C.DONATONE QPRT d NORTH OF DONATONE ENGINCERTNG 5ERIect8 PROV10ED OW SCOTT R.MORIN 1.GORDON FAMILY TRUST CHFSAPEAKE BAY SITE SOLUTIONS.INC. SHEET 1 OF 5 ..Q.BO?.66,4OnE 1fT571 5757®3A15' VA REV: DATE:SEPTEMBER 16.2019 Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 5 Site Photos .4. VOW tkiiiii:A* - -1.1. • r Pu_lit'.Nt z.ti-taz )8. , 00 .. .. _: x_-.. .:} - cor* at -,,,.; . __ fit.� , �, ,- , , :,..----io, , , - °-‘alialais ,' . ' : A -..' r---; . .. _ re..--- ' +'d 5/t.a dirt ' "s11111 Ie0iliilNlli! ,si�« Oh�.. OHMIt AMIN OlOpelir Oil j , 1 I4I,i. L { ram, Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 6 Site Photos % i • � T k , f'._. - . ,It 1 } i, ``� yt 1, 0"• . 7 �s r 9 °`. h R :t t. ♦ ♦ter 4 >111r- AO ..... itih. . 1 • 4.,...., .. . . , .._,_a„..7.4:. we 4.- . „.„.. ....., . i i 4 a t eZ • < .. •.. ,..44;--..e; :Iii: 't- ..;.• .fix ' n s f A `2/` j. ` �• + gl• 1. < - Ai ' " ' '''''' 44,4. . w ,,i it. --''. . ' - 4', -:—,- ' '. :#,4- '--- N.- iiit ..A. .,:et „ Y •'1^!:fI Ill fL. 1. , 'i,t ..I .,' ---1 ,i`i aE el , ! .....liug ....,,, , ._ ..„, .,...„ • 1011. . Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 7 Disclosure Statement Lorna C.Donatone QPRT DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated tr. Page 1 of 7 Planning commission and City Council meeting that pertains to the 0 APPLICANT NOTIFIED OF HEARING DATE CI NO CHANGES AS OF DAT, REVISIONS SUBMITTED ()Al Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 8 Disclosure Statement 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Loma C.Donatone QPRT If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 9 Disclosure Statement • . • .. . . , etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles:there are common or commingled funds or assets:the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 10 Disclosure Statement 02 Accounting and/or preparer of your tax return '=' Architect/Landscape Architect/ Land Planner _ Contract Purchaser(if other than El the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Xpi Construction Contractors East Bay Construction ® ❑ Engineers/Surveyors/Agents MI,Chesapeake Bay Site Solutions Financing(include current ❑ mortgage holders and lenders W. selected or being considered to provide financing for acquisition or construction of the property) • ® Legal Services Real Estate Brokers/ ❑ ,-, Agents/Realtors for current and anticipated future sales of the subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 4 an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 11 Disclosure Statement cerm t at a o t e in ormation contame• m t is Disc osure tatement orm is complete,true, and accurate. understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. (1 \2).n`n� � Lorna C. Donatone QPRT A' IC NI SSICNA1ORE PRINT NAME Page 5 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 12 Disclosure Statement Scott R.and Katherine K.Morin DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disci-- es must be updated two(2)weeks prior to any I Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s) APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: lie u yip( 103.1,4b.41.5k1e, REVISIONS SUBMITTED DATE: rDQ Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 13 Disclosure Statement I El ►1 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Scott R.and Katherine K.Morin If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 14 Disclosure Statement • • . •. . . , etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 15 Disclosure Statement I I x' Accounting and/or preparer of your tax return 1 1 ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Apolicant)-identify purchaser and purchaser's service providers Any other pending or proposed El purchaser of the subject property �/ (identify purchaser(s)and purchaser's service providers) ® l l Construction Contractors East Bay Construction ® ❑ Engineers/Surveyors/Agents WCI,Chesapeake Bay Site Solutions Financing(include current r- mortgage holders and lenders L^ selected or being considered to provide financing for acquisition or construction of the property) CA Legal Services Real Estate Brokers/ El ® Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have l l an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 16 Disclosure Statement I certi t at a o t e In ormation conta ne. In t s Disc osure tatement orm IS complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. �1 . Scott R.and Katherine K.Monn 0 • GNaIURE �,�j VT-NAME AME 7afie/AA. J.�II` K44-fAAA et K-✓k� >U 2•a 1.20 Page 5 of 7 Lorna C. Donatone, QPRT et al. Agenda Item 7 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Lorna C. Donatone,QPRT et al. Agenda Item 7 Page 18 Items#7. Lorna C. Donatone,QPRT[Applicant] Lorna C. Donatone,QPRT and Scott& Katherine Morin [Owners] Conditional Use Permit(Community Boat Dock) 1421&1423 Blue Heron Road . June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. These are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number four Rychea Reed for a conditional use permit request for a family daycare home at 1674, Dylan Drive in the Kempsville District. The applicant is Ms. Rychea Reed. Ms. Reed when you begin speaking please first identify yourself for the record, and indicate whether you found the conditions acceptable. Ms. Reed the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Ms. Reed: Good evening, I am requesting a conditional use permit for my in home daycare at 1674, Dylan Drive in Virginia Beach, Virginia. My name is Rychea Reed and I do find an acceptable. Thank you. Mr. Landfair: Thank you. The next item on consent is item number five, Inkcredible Tattoo, LLC for conditional use permit request for tattoo parlor at 1630, General Booth, Boulevard suite 112 in Princess Anne District. The applicant's representative is Mr. Eddie Bourdon. Mr. Bourdon when you begin speaking please first identify yourself for the record, and indicate whether you found the conditions acceptable. Mr. Bourdon the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Mr. Bourdon: Thank you, Mr. Landfair, Madam Chair, and members of Commission for the record Eddie Bourdon Virginia Beach Attorney representing Inkcredible Tattoo, LLC. We appreciate the item being on the consent agenda, all three conditions are acceptable and also want to thank Jonathan Sanders for his work on the request. Mr. Landfair: The next item on consent is item number seven. Lorna C. Donatone, QPRT for a conditional use permit request for community pier at 1421 and 1423, Blue Heron 1 Road in the Lynnhaven District. The applicant's representative is Mr. Bob Simon. Mr. Simon, when you begin speaking, please first identify yourself for the record, and indicate whether you found the conditions acceptable. Mr. Simon, the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Mr. Simon: Good afternoon, members of the Planning Commission, Robert Simon for the record representing Donatone on this application. We are in agreement with the conditions. Thank you for placing this agenda. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. 2 Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. 3 Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, for and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19,20,21,26,27, 28,29,31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. Permits shall be secured from the appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction of the pier extensions and boatlifts. 4 r 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled "Proposed Pier Maintenance at 1421 Blue Heron Road", prepared by Waterfront Consulting, Inc., sealed October 9, 2019 or as modified by the JPA Permit. 3. No commercial use of the pier shall be permitted. 5 a) �1 O O I0. L 1 o 1N o C = O O U _________........„i i \\tts LO a\h, .1 ' I \` gr- -------7 I17) oc an o 0 �j.JI- M a o >I a Y s\ in a N a m ._,,,,, ,. Eli H 1,r`k }sr q ' i`s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LINDA M. ADDISON [Applicant & Property Owner] Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) for the property located at 1717 Dancers Court (GPIN 1465508986). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: July 21, 2020 • Background: This application is a request for a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to provide emergency care for wildlife on a heavily wooded, 9,064 square foot parcel located in the Brigadoon neighborhood. The applicant desires to provide emergency care for song birds, raptors, waterfowl, reptiles, amphibians, and mammals on a case-by-case basis. Care for the animals will occur only inside the single-family dwelling. The primary goal is to provide critical, intensive care for the animals until they are ready to be transferred to a licensed wildlife rehabilitator or facility where follow-up care can be provided. The applicant currently holds a permit with the Virginia Department of Game and Inland Fisheries (VDGIF) as a licensed Veterinary Technician. • Considerations: The applicant is aware of the provisions set forth in Section 242.3 of the Zoning Ordinance related to Home-Based Wildlife Rehabilitation Facility. It was through VDGIF that the applicant was made aware of the need for the Conditional Use Permit to operate a Home-Based Wildlife Rehabilitation Facility. The VDGIF license will be renewed on an annual basis following City Council approval. No records of violation through Animal Control were found. Staff found the property to be well organized and well kept. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. The applicant provided nine letters of support, all from adjacent property owners on Dancers Court. Staff is not aware of any opposition to this request. ■ Recommendations: On May 27, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. Linda M. Addison Page 2 of 2 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game & Inland Fisheries. 3. No animals shall be dropped-off or released at the subject site or within the neighborhood. 4. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent properties. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the outdoor enclosed structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department) City Manager: T L,,, ABApplicant& Owner Linda M. Addison Agenda Item Public Hearing May 27, 2020 CityCouncil Election District Centerville 4 Virginia Beach Request Conditional Use Permit (Home-Based Wildlife Rehabilitiation Facility) / 1 . , ,-i\I Staff Recommendation `� t Approval • Staff Planner Marchelle Coleman Location • 1717 Dancers Court GPIN 1465508986 _ Site Size �..) r N 61 9,064 square feet i ' AICUZ ' Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District ,a is \,. Single-family dwelling/ R-7.5 Residential ,k4 . • ALL. Surrounding Land Uses and Zoning Districts }," .. \,,---- > ly, F North ': ;, Dancers Court If. _ • ''' Single-family dwellings/ R-7.5 Residential ' t r South , Stumpy Lake Natural Preserve Area / P-1 ' .} I Preservation East Single-family dwelling/ R-7.5 Residential West Single-family dwelling/ R-7.5 Residential ' ,i - r ,4'*; ` : ` ' ; *1* , ,s1 : wZ ,a`4i,.. - Linda M. Addison Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to provide emergency care for wildlife on a heavily wooded,9,064 square foot, parcel located in the Brigadoon neighborhood. • The applicant desires to provide emergency care for song birds, raptors, waterfowl, reptiles, amphibians, and mammals on a case by case basis.According to the application, the animals will be cared for indoors within cages that comply with the requirements of the Virginia Department of Game and Inland Fisheries (VDGIF).The applicant currently holds a permit with the VDGIF as a licensed Veterinary Technician. • Care for the animals will occur within the single-family dwelling. Most animals brought to the rehabilitator are in critical condition and require intensive care, so they must be kept indoors. Box turtles are the only animals who spend any time outdoors. When the box turtles need outdoor time,they are placed inside of pet carriers on the eastern side of the property behind a wood fence.The location of the box turtles are depicted on page 7 of this report. • The primary goal is to provide critical, intensive care for the animals until they are ready to be transferred to a licensed wildlife rehabilitator or facility where follow-up care can be provided. • Animals are referred to the applicant by way of several Virginia Beach veterinarian hospitals and from individual citizens.The Virginia Beach veterinary hospitals, including 24 hour emergency facilities, rely heavily on the applicant to provide advanced, intensive medical care for injured animals. While the applicant is on call to provide care to animals in need, they are not dropped off at the residence; but rather the applicant picks up the animals from a veterinary facility or at an agreed public location. No animals will be dropped off or released from the site, as noted in Condition 3. • The wooded property is on a cul-de-sac and borders Stumpy Lake.The backyard is not completely enclosed; but as this applicant's specialty is limited to critical care, only turtles will be placed outdoors. The turtle cages are no taller than two feet and are not visible from the right-of-way nor from an adjacent property. `' "Ras ,p • ••14 40141104 /- 11 411 11!ft•re coon No Zoning History to Report P-, Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Linda M.Addison Agenda Item 4 Page 2 Evaluation & Recommendation The proposed Conditional Use Permit for a Home-Based Rehabilitation Facility on this site, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area.Achieving this goal requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of structures, and provide effective buffering with respect to surrounding uses. The proposed wildlife rehabilitation facility is in keeping with these policies, as the six-foot tall wood fence and vegetation on this heavily wooded lot provides sufficent screening and buffering for the adjacent properties. Staff finds the property to be organized and well-kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods.As the majority of the animals will be cared for indoors,the outdoor cages provided for the box turtles, which are the only animals spending time outside, are completely screened from the view of the right-of-way and adjacent property owners. The applicant, a licensed Veterniary Technician, provides a valued service to the community and has been providing care for animals since 1993 without incident. For 13 years,the applicant was a veterinary technician at the Virginia Living Museum, caring for threatened and endangered species. No records of violation through Animal Control were found. It was through the license renewal process with the VDGIF that the applicant was made aware of the need for the Conditional Use Permit.The VDGIF license will be renewed on an annual basis following City Council approval. The applicant has provided nine letters of support, all from adjacent properties on Dancers Court.The neighboring properties, including the Brigadoon Civic League, have expressed to the applicant their support of the home-based rehab facility and her ability to care for the injured animals. Staff is not aware of any opposition to this request. The applicant is aware of the standards outined in Section 242.3 of the City Zoning Ordinance(listed below)for Home- Based Wildlife Rehabilitation Facilities and Staff believes that this request adequately addresses these requirements. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game & Inland Fisheries. 3. No animals shall be dropped-off or released at the subject site or within the neighborhood. 4. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent properties. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the outdoor enclosed structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. Linda M. Addison Agenda Item 4 Page 3 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. Linda M. Addison Agenda Item 4 Page 4 Zoning Ordinance Requirements for Home- Based Wildlife Rehabilitation Facility Home-based wildlife rehabilitation facilities shall meet the following standards: (a) Each operator shall ensure that each animal is provided with: (1) Adequate food and water; (2) Adequate shelter that is clean and of the proper type and size for the particular type of animal and its age, size, species, and weight; (3) Adequate exercise; (4) Adequate lighting; and (5) Veterinary care as necessary to prevent suffering or disease transmission. (b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the operator rehabilitates migratory birds. (c) Only species for which an operator holds current state and, if applicable, federal permits shall be kept in such a facility for more than twenty-four (24) hours. All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate wildlife rehabilitation center or a permitted home- based wildlife rehabilitation facility within twenty-four(24) hours of receipt of such animal. (d) No operator shall keep a greater number of animals at any one time than those for which the operator maintains adequate caging as required by the applicable state or federal permit or permits held by the operator. (e) No animal shall be kept at any such facility for a period in excess of one hundred and eighty (180) days. (f) All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other conditions deemed by the zoning administrator to be detrimental to the community health, safety and welfare. (g) Removal of dead animals shall be conducted in accordance with the provisions of section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator shall be the owner of the wildlife they are rehabilitating for the purposes of City Code section 5-14. (h) Removal of all waste, including medical waste, shall be conducted daily in accordance with the provisions of Section 31-7 of the Code of the City of Virginia Beach. (i) All structures, buildings, or cages used for the shelter of animals shall comply with the dimensional requirements of the zoning district in which the facility is located, provided that cages or other wildlife confinement areas shall not occupy more than a total of twenty (20) percent of the lot on which the facility is located. Structures in which animals are confined shall not exceed eight (8) feet in height. (j) There shall be no signs pertaining to the use on the property other than one (1) non-illuminated sign, not to exceed one (1) square foot in area, that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphaned, or displaced wildlife. Linda M. Addison Agenda Item 4 Page 5 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to surrounding uses. (pp.1-59 to 1-68) Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There does not appear to be any significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Dancers Court No Data Available Existing Land Use 1-10 ADT Proposed Land Use 2-10 ADT 1 as defined by a single-family 2as defined by a single-family dwelling dwelling with home-based wildlife rehab Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dancers Court in the vicinity of this application is considered a two-lane undivided local street.There are no roadway Capital Improvement Program projects planned for this area. Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Nine letters of support have been received. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 27, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 10, 2020 and May 17, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 11, 2020. Linda M. Addison Agenda Item 4 Page 6 • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on May 21, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 5, 2020 and July 12, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 6, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 17, 2020. Linda M. Addison Agenda Item 4 Page 7 Proposed Site Layout 1 N/f I I) NORTH LANDING RIVER RESER 19OR AL(STUMPY LAKE) ( . PROPER TY OF CITY OF NORFOLK - de4e.r. 338 ,-"IZ L \t. �= 2°" f Outdoor Crate ill;i; ZONE C iv# ; 34o for Box Turtles Only tOs 6' Tall 11 .i Wood .--. y r 8 4 - Fence ems ' �r r 4 v ONE STORY tit ' Alb FRAME r_ �'" r, ato 1 ,,,,s pi,. . I. I. t �_, 6' Tall Nor* A d root ro.rn.nt 01.14er -C r I _-Y - x Creole /*teat h MANI).Uwnp a Wood o od t"!? UluA:Sp H AAOsorPoor .c.gal Fence CYfY D�liplx.y lVwx», Wphro4 1 r ''� 07 f P O 58059'Art 7S co' -0--.171 Q71--0- DANCERS COURT Linda M. Addison Agenda Item 4 Page 8 Site Photos T• ,,s, dr , %f._ ' ! y i s 1 ,.1 f• / &) i i1,••�( �•'"': , i ',..., Zit ya 1 '-) ' 1.,0:,','',4461,1;.$'7,, i 4/0"41.1;' it;;;;(qa4V 1 k ?'*! liN 4 'Ni i' (1,"11' 1 .4 iel ' t' 4t/‘ 5;-.4,Vir ,- * ,,, Ott% l'0.104'lk-"1\ ‘' tik. r.z.11.i ; 0 t .' ii i.'s .1) gr$,!, ''' V $ ' li it t ` 4 ?.r t',, ',�1 ,i : ; �h , r •,. 1 i �! j( f 1 VI 1 _ 1 s , i �z: ( , 'i6 F t` to Fiji, r ,aa 11 Jr. Linda M. Addison Agenda Item 4 Page 9 Site Photos - ,= r::. a• x'..• `a�ter �� it�y s s. 1 f•39f +' , Rt 1 . 6 :1---=‘,..-44 3 f t. - tc-` . r is w —'' -7- 1.5 • q c „_ I., • •a .X`- 4A.'4'- a sy- r 4. 0' . -,'4 tir. i '--"111114,- 41 . . -- ,. ' 1 l'- : ai ` °� N. ti4:, 41 g '1mA '44 � t •.. _ — .. ; nark - —4--_-7_= • , a �!,=�` phi "Z4s�� � = ,tom_ iiiimmik .........rigiiiiiiillgigliMelaral - _ Linda M. Addison Agenda Item 4 Page 10 Disclosure Statement Virginia Beach APPLICANT'S NAME Linda M. Addison DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. _... _ .r. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 Of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HCARING DATI j �/f ® NO CHANGES AS OF DAt f 7/7/2020 MLC "/f"/✓'�t��/•'�� � REVISIONS SUBMITTED Linda M. Addison Agenda Item 4 Page 11 Disclosure Statement It/B Virginia Beach 171 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Linda M.Addison If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. nCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Linda M. Addison Agenda Item 4 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2 2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2 2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Linda M. Addison Agenda Item 4 Page 13 Disclosure Statement q\B APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n ix Accounting and/or preparer of I��I your tax return • F Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • 17I Construction Contractors [J a Engineers/Surveyors/Agents Financing (include current IJ z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) O Legal Services Real Estate Brokers/ ❑ Z. Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have t an interest in the subject land or any proposed development u /1 contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Linda M. Addison Agenda Item 4 Page 14 Disclosure Statement AB Virginia Beach CERTIFICATION: 7 1 I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ___ t 1�: _14 ol�li t>rn �3i�a0 PPLICANTS SIGMA RE PRINT NAME ATE . i ._ Page 5 of 7 Linda M. Addison Agenda Item 4 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Linda M. Addison Agenda Item 4 Page 16 Items#4 Linda M.Addison Conditional Use Permit(Home-Based Wildlife Rehabilitation Facility) 1717 Dancers Court May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3,4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18,22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. 1 Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining,but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sony, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 2 Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. Mr. Landfair: Thank you. The next item on consent is item number four, Linda M Addison for a conditional use permit request to operate a home-based wildlife rehabilitation facility at 1717, Dancers court in the Centerville District. The applicant is Ms.Linda Addison. Ms.Addison, when you begin speaking, please first identify yourself for the record and indicate whether you found the conditions acceptable. Ms.Addison,the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Ms. Addison: This is Linda Addison, and I do find all the recommendations acceptable. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1.The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game & Inland Fisheries. 3. No animals shall be dropped-off or released at the subject site or within the neighbourhood. 4. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent properties. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the outdoor enclosed structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 4 4'4'41; fro t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 201 OF THE CITY ZONING ORDINANCE PERTAINING TO SETBACKS FOR IN-GROUND POOLS ADJACENT TO THE ATLANTIC OCEAN MEETING DATE: July 21, 2020 • Background: Staff is requesting an indefinite deferral of this request to coordinate the amendment change with the Department of Public Works and any potential conflicts with the seawall flood protection project. The North End of Virginia Beach consists predominately of two residential zoning districts, the R-5R and the R-7.5. Properties located north of 49th Street are zoned R-5R Residential District and included in the North End Overlay. Several years ago, an amendment to the Zoning Ordinance was adopted that impacted the setback for in-ground pools adjacent to the Atlantic Ocean for these properties, reducing the setback from 20 feet to five feet. This amendment addresses the remaining oceanfront properties between 42nd and 49th Street that are zoned R- 7.5 Residential District. This amendment extends the relief in the setback for in- ground pools adjacent to the Atlantic Ocean from 20 feet to five 5 feet. • Considerations: The lots between 42nd and 49th Streets were platted in the 1920's. When they were put to record, there was a public right-of-way that extended along the eastern edge of the neighborhood, between the eastern most properties and the Atlantic Ocean. This right-of-way, "Atlantic Avenue/Boulevard", still exists though it has never been improved. Additionally, to protect the shoreline, a concrete retaining sea wall was constructed; therefore, the existing right-of-way is visually separated from the public beach and appears to be part of the adjacent properties' rear yards. When this wall was constructed, an agreement was entered into with the property owners that the area could be used by them; however, no structures could be constructed in that area. Although oceanfront lots commonly have in-ground pools, in the case of the oceanfront lots between 42nd and 49th Streets, because the unimproved street encompasses a large portion of their perceived rear yard, little room is left for the installation of an in-ground pool and Board of Zoning Appeals variances are often sought. This amendment would reduce the setback to five feet for in-ground pools, therefore making installation more practical and reducing the number of variance requests. In most cases, the edge of the in-ground pool would still remain 20 to 30 feet from the edge of the sea wall. It should be noted that the pool or any City of Virginia Beach - Setbacks for in-ground pools Page 2 of 2 accompanying structure cannot be located within right-of-way. 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. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: �L„ Applicant City of Virginia Beach Agenda Item Public Hearing June 10, 2020 In-ground Pool Setbacks 8 City of Virginia Beach Request An Ordinance to amend Section 201 of the City Zoning Ordinance pertaining to setbacks for in-ground pools adjacent to the Atlantic Ocean. Summary of Request The North End Area of Virginia Beach consists predominately of two residential zoning districts,the R-5R and the R-7.5. Properties located north of 49th street are zoned R-5R and included in the North End Overlay.These properties permit a higher density development, including duplex dwellings or two single-family homes on one lot.The properties located between 42"d Street and 49th Street are zoned R-7.5 and only permit for the development of one single-family home on each lot. Several years ago an amendment to the Zoning Ordinance was adopted that impacted the setback for in-ground pools adjacent to the Atlantic Ocean, reducing the setback from twenty(20)feet to five feet.This amendment addressed only the oceanfront properties zoned R-5R,or as described above, north of 49th Street.This amendment extends the relief in the setback for in-ground pools adjacent to the Ocean for the properties zoned R-7.5 and located between 42"d and 49th Streets. The neighborhoods between 42"d and 49th Streets, "Hollies on the Atlantic" and "Cavalier Shores," were platted in the 1920's.When they were put to record,there was a public right-of-way that extended along the eastern edge of the neighborhood, between the eastern most properties and the Atlantic Ocean.This right-of-way, "Atlantic Avenue", still exists though it has never been improved. Additionally,to protect the shoreline, a concrete retaining sea wall was constructed,therefore the existing right-of-way is visually separated from the public beach and appears to be part of the adjacent property's rear yards.When this wall was constructed, an agreement was entered into with the property owners that the area could be used by them; however, no structures could be constructed in that area. Section 201(a)(1)of the Zoning Ordinance identifies that in-ground pools have a twenty(20)foot setback from any rear property line adjacent to a street.Although oceanfront lots commonly have in-ground pools, in the case of the oceanfront lots between 42"d and 49th Streets, because the unimproved street encompasses a large portion of their perceived rear yard, little room is left for the installation of an in-ground pool and Board of Zoning Appeals variances are often sought.This amendment would reduce the setback to five feet for in-ground pools,therefore making installation more practical and reducing the number of variance requests. In most cases,the edge of the in-ground pool would still remain twenty(20)to thirty (30)feet from the edge of the sea wall. It should be noted that the pool or any accompanying structure cannot be located within right-of-way. City of Virginia Beach Agenda Item 8 Page 1 Recommendation Staff recommends approval of this Ordinance. This amendment would create a consistent rear yard setback for in- ground pools for all oceanfront properties in the North End of Virginia Beach. Additionally, the change would limit the number of variance requests that were being considered and all approved by the Board of Zoning Appeals. Although "Atlantic Avenue" still exists between the Atlantic Ocean and the oceanfront properties, the right-of-way will never be improved. Construction of the sea wall further restricted the right-of-way from any access by the public, and therefore reducing the setback requirement is not expected to have any detrimental impact on the community, adjacent property owners, or people using the beach. City of Virginia Beach Agenda Item 8 Page 2 1 AN ORDINANCE TO AMEND SECTION 201 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SETBACKS FOR AN 4 INGROUND POOL ADJACENT TO THE 5 ATLANTIC OCEAN 6 7 Section Amended: § 201 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 201 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 201. - Yards. 20 21 (a) General. All required yards shall be unobstructed by any structure or other 22 improvement which exceeds sixteen (16) inches in height as measured from ground 23 elevation; provided, however, the following improvements may be located in a yard: 24 25 (1) In-ground swimming pools, jacuzzis, hot tubs or similar structures may extend 26 to within five (5) feet of any side or rear property line, provided however, that no 27 in-ground swimming pool, jacuzzis, hot tubs or similar structures shall extend 28 into any required yard adjacent to a street, except that swimming pools, 29 jacuzzis, hot tubs or similar structures may be located no closer than twenty 30 (20) feet to any property line to the rear of any principal structure on a through 31 lot. Notwithstanding any contrary provision of this ordinance, in-ground 32 swimming pools located on property in the R-5R Residential Resort District or 33 R-7.5 Residential District adjacent to the public beach of the Atlantic Ocean 34 shall be set back no less than five (5) feet from the property line adjacent to the 35 beach. For purpose of this section, "beach" shall include any bulkheaded area 36 contiguous to, and any unimproved public right-of-way within, the sandy beach. 37 38 . . . . 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 41 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning epartment City orney's Office CA15039 R-1 March 17, 2020 Items#8. City of Virginia Beach June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight, City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. 2 Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 I. UNFINISHED BUSINESS J. NEW BUSINESS VI. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda (including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to pmcgraw@,vbgov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/14/2020 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L H W W B U E J R T I 0 B C D N OMO 0 L W 0 O C Y L NOUWS 0 T T HE E E S S E O O E T IRYS SERNDN CITY MANAGER'S BRIEFINGS A. COVID-19 PUBLIC SAFETY UPDATE Erin Sutton,Director —Office of Emergency Management Steve Cover,Deputy City Manager Sheriff Kenneth Stolle B. POTENTIAL SHORT-TERM PARKING Michael Kirschman, LEASE AT LYNNHAVEN MUNICIPAL Director—Parks and MARINA Recreation C. PENDING PLANNING ITEMS Bill Landfair, Planning Evaluation Coordinator Kevin Kemp,Zoning Administrator II. CITY COUNCIL DISCUSSION 1. LEGISLATIVE ISSUES FOR GENERAL ASSEMBLY SPECIAL SESSION 2. NOVEMBER REFERENDA VI CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y A Y Y YYYY 13 E. SESSION S T A N E D F. MINUTES 11-0 Y Y Y Y Y Y Y Y Y Y Y 1. SPECIAL SESSION APPROVED July 2,2020 2. INFORMAL and FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y July 7,2020 G. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY a. Short-Term Parking Lease(24 spaces)at 8 SPEAKERS Lynnhaven Municipal Marina to Chick's Marina Properties,LLC b. 2200 Parks Avenue to the Virginia Museum 1 SPEAKER of Contemporary Art(MOCA) I.1. Ordinance to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$30,000 from Cities of CONSENT Financial Empowerment Fund,Inc.to FY2020-21 Parks and Recreation Operating Budget re virtual financial empowerment classes CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/14/2020 PAGE: 2 B AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W O O C Y L NOUWS 0 T T HEE E S S E O O E T I R Y S S ERNDN I.2. Ordinances to APPROPRIATE: ADOPTED,BY 11-0 Y Y Y Y Y Y Y YYYY CONSENT a. $638,952 to FY2020-21 Clerk of Circuit Court Operating Budget re technology related expenses b. $2-Million to FY2020-21 Human Services Operating Budget re taxpayer relief programs J.1. TIMOTHY HANDLON for a CUP re short DENIED 8-3 Y Y Y YYY NNYYN term rental at 4504 Ocean View Avenue DISTRICT 4—BAYSIDE(Deferred from July 7,2020) J.2. CAYMUS PROPERTIES,INC.for DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional Use Permits re short term rentals at: a. 5870 Northampton Boulevard b. 5872 Northampton Boulevard DISTRICT 4—BAYSIDE J.3. LEONARD LYON for Conditional Use WITHDRAWN 11-0 Y Y Y YYY Y YYYY Permits re short term rentals at a. 8709 Atlantic Avenue b. 116 88`h Street APPROVED/ 9-2 Y Y YNYN Y Y Y Y Y DISTRICT 5—LYNNHAVEN CONDITIONED J.4. MERRY WHITE for a Conditional Use APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y Permit re short term rental at 8006 Atlantic CONDITIONED,BY Avenue DISTRICT 5—LYNNHAVEN CONSENT J.S. 3300 ARCTIC AVENUE,LLC fora APPROVED/ 8-3 Y Y YNNN Y Y Y Y Y Conditional Use Permit re short term rental CONDITIONED,BY at 3300 Arctic Avenue DISTRICT 6— CONSENT BEACH J.6. HARSHIT DUA fora Conditional Use APPROVED/ 8-3 Y Y YNNN Y YYYY Permit re short term rental at 716 16'h Street, CONDITIONED,BY Unit A DISTRICT 6—BEACH CONSENT J.7 POOCHIE,LLC for Conditional Use APPROVED/ 8-3 Y Y YNNN Y YYYY Permits re short term rentals at 208 27th CONDITIONED,BY Street: CONSENT a. Unit 201 b. Unit 202 c. Unit 203 d. Unit 204 DISTRICT 6—BEACH J.B. VB VIBE,LLC fora Conditional Use Permit APPROVED/ 8-3 Y Y YNNN Y YYYY re short term rental at 1728 Baltic Avenue CONDITIONED,BY DISTRICT 6—BEACH CONSENT J.9. 21"DEVELOPMENT,LLC for Conditional APPROVED/ 8-3 Y Y YNNN Y YYYY Use Permits re short term rentals at: CONDITIONED,BY a. 417 21"Street CONSENT b. 419 21"Street c. 417 21 'A Street CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/14/2020 PAGE: 3 B AGENDA ITEM# SUBJECT MOTION VOTE A L B U E J R T I 0 B C D N 0 M 0 0 L W O 0 C Y L N 0 U W S 0 T T HE E E S S E 0 OE T I R Y S S E R NDN d. 419 21 %A Street DISTRICT 6—BEACH J.10. OCEAN RENTAL PROPERTIES,LLC APPROVED/ 8-3 Y Y Y N N N Y Y Y Y Y for Conditional Use Permits re short term CONDITIONED,BY rentals at: CONSENT a. 607 20th Street b. 609 20th Street c. 611 20ih Street DISTRICT 6—BEACH K. 2040 VISION TO ACTION COMMUNITY RESCHEDULED 11-0 B Y C O N S E N S US COALITION ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD CONVENTION&VISITORS BUREAU COMMUNITY TASK FORCE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION CITIZENS COMMITTEE ON BOARDS Appointed: AND COMMISSIONS Doug McLiverty No Term COMMUNITY ORGANIZATION GRANT Reappointed: REVIEW&ALLOCATION COMMITTEE Ellen Ellis Demetria Lindsay Andrew Nissman Virginia Rountree 9/1/2020-8/31/2023 3 Year Term DEVELOPMENT AUTHORITY Reappointed: Michael Standing 9/1/2020-8/31/2024 4 Year Term CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/14/2020 PAGE: 4 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMOOL W 0 O C Y L NOUWS O T T HE E E S S E O O E T I R Y S S ERNDN PARKS AND RECREATION Reappointed: COMMISSION Sharon Felton 9/1/2020-8/31/2023 3 Year Term PUBLIC LIBRARY BOARD Reappointed: Robert Hofheimer Robert Krebs 9/1/2020-8/31/2023 4 Year Term L/M/N ADJOURNMENT 8:21 PM