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HomeMy WebLinkAbout02-16-2021 SPECIAL MEETING AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL C\141A-BEgC MAYOR ROBERT M. "BOBBY"DYER,At Large i VICE MAYOR JAMES L. WOOD,Lynnhaven-District S 0 • .p JESSICA P.ABBOTT,Kempsville-District 2 > ' 0 MICHAEL F.BERLUCCHI,Rose Hall-District 3 U BARBARA M.HENLEY,Princess Anne-District 7 LOUIS R.JONES,Bayside-District 4 JOHN D.MOSS,At Large ``+4� •�� AARONR.ROUSE,At Large ou. w.oa"` GUY K.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D.WOOTEN,Centerville-District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICKA.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES SPECIAL MEETING PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS BY ELECTRONIC COMMUNICATION MEANS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES February 16,2021 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS 3:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer 1. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ELECTRONIC ROLL CALL OF CITY COUNCIL II. CITY COUNCIL'S BRIEFINGS A. MAYOR'S AFRICAN AMERICAN ROUNDTABLE—POLICE CIVILIAN OVERSIGHT Dr. Veronica Coleman B. SMALL BUSINESS INITIATIVES UPDATE Taylor Adams, Director—Economic Development III. CITY MANAGER'S BRIEFINGS A. MICROTRANSIT DEMONSTRATION PROJECT AND GRANT FOLLOW-UP Ray Amoruso, Chief Planning & Development Officer—Hampton Roads Transit (HRT) Brian Solis, Special Projects Manager—City Manager's Office B. MOTORIZED SCOOTER FRANCHISE LICENSE AGREEMENTS UPDATE Brian Solis, Special Projects Manager—City Manager's Office C. INTERIM FINANCIAL UPDATE Wendy Hu, Acting Co-Director—Finance IV. CITY COUNCIL DISCUSSION V. CITY COUNCIL COMMENTS VI. CITY COUNCIL AGENDA REVIEW VII. FORMAL SESSION - Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. ELECTRONIC ROLL CALL OF CITY COUNCIL C. MINUTES 1. SPECIAL SESSION December 15, 2020 2. SPECIAL SESSION January 26, 2021 3. SPECIAL SESSION February 2, 2021 D. MAYOR'S PRESENTATION 1. APPRECIATION OF ROBERT PRESTON MIDGETT II E. PUBLIC HEARING 1. APPROPRIATION OF PANDEMIC RELIEF RESERVE FUNDING F. FORMAL SESSION AGENDA 1. CONSENT AGENDA G. ORDINANCES/RESOLUTION 1. Ordinance to APPROPRIATE from the Fund Balance of the General Fund: $12.4-Million to United Way of South Hampton Roads re small business grants; $350,000 to Parks & Recreation Department re Summer Youth Employee Program; $309,000 to Police Department re body worn camera program; and $3,518,767 to City Council Special Pandemic and Vaccine Support Reserve re future unforeseen pandemic expenses 2. Ordinance to DECLARE 2.361+/- acres at 5694 Wesleyan Drive in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Ebenezer Baptist Church re overflow parking needs 3. Resolution to DIRECT the City Manager to create a Virginia Beach Small Business Initiative division within the Virginia Beach Website re outreach and support for small businesses (Requested by Council Member Wooten) 4. Ordinance to AUTHORIZE a$5,000 micro-grant to Am I My Brother's Keeper re essential life services and assistance to homeless individuals (Requested by Mayor Dyer) I5. Ordinance to CONVERT apart-timeposition(0.61 FTE)to a full-timeposition(1.0 FTE) in the Office of the City Attorney and AUTHORIZE a transfer of funds from available appropriations re telecommunication legal services 6. Ordinances to ACCEPT and APPROPRIATE: a. $72,500 from VB Home Now, Inc. to FY2020-21 Housing and Neighborhood Preservation Operating Budget re housing assistance programs b. $450,000 from Virginia Department of Criminal Justice Services to FY2020-21 Police Department Operating Budget re purchase of software, and training and development services to assist with the recruitment and retention of sworn personnel and support criminal justice reform c. $20,000 from Virginia Department of Criminal Justice Services to FY2020-21 Police Department Operating Budget re Southern Virginia Internet Crime Against Children (ICAC) investigations d. $26,379.68 from Virginia Department of Health to FY2020-21 Emergency Medical Services (EMS) Operating Budget re support rescue squad operations and training e. $150,000 from What Works Cities to FY2020-21 Economic Development Operating Budget re early childhood language development program f. $74,804 from Virginia Department of Emergency Management to FY2020-21 Emergency Management Operating Budget and AUTHORIZE a local match from existing resources re support of COVID-19 vaccinations and health equity initiatives for vulnerable populations 7. Ordinance to TRANSFER $800,000 from Debt Service in the General Fund to FY2020-21 Voter Registration and Elections Operating Budget re June 2021 Primary Election expenses H. PLANNING 1. WOODHOUSE LIMITED PARTNERSHIP for a Variance to Section 4.4(b) of the Subdivision Regulations re minimum lot width and street line frontage requirements at 1805 Estates Court DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. BOAZ BENJAMIN BROTHERS for a Variance to Section 4.4(b) of the Subdivision Regulations re combine three (3) existing parcels into one (1) lot at 1944 Pleasant Ridge Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. THOMAS A. BROWN for a Variance to Section 4.4(b & d) of the Subdivision Regulations re direct access to a public street and street line frontage requirements at 2888 Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. MICHAEL & FELICIA JULIANO for a Street Closure re 7.5 foot by 50-foot portion of an unimproved alley adjacent to 804 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. FIVE POINTS, LLC for a Modification of Proffers re install drive-through aisle and small retaining wall at 2005 Lynnhaven Parkway DISTRICT 3 —ROSE HALL (Approved February 27, 1996) RECOMMENDATION: APPROVAL 6. ST. JOHN THE APOSTLE CATHOLIC CHURCH & SCHOOL/THE ROMAN CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions re religious use and private school at 1968 Sandbridge Road DISTRICT 7—PRINCESS ANNE (Approved August 24, 1993) RECOMMENDATION: APPROVAL 7. WILSON R. BALLANCE, JR., for a Conditional Change of Zoning from AG-2 Agricultural District to Conditional R-5D Residential District re create two (2) single family building lots at 621 Dam Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 8. OLD DAM NECK, LLC/FRANCES G. WILLIS, WILLIAM E. GILBERT, BONNIE J. GARRETT, CATHERINE D. MEREDITH, AND JOHN J. WEINBRECHT, JR., for a Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-2 Community Business District and a Conditional Use Permit re mini warehouse at 1081, 1087, 1089 Old Dam Neck Road and an adjacent parcel West of 1089 Old Dam Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 9. WILLIAM T. & CAROLYN DALE WEEMS for a Conditional Use Permit re outdoor recreation facility at 1420 Claudia Drive DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 10. ASIA MITCHELL/TOUZOS FAMILY, LP for a Conditional Use Permit re beauty salon at 4654 Haygood Road, Suite D DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 11. XPERT SERVICES, LLC/VB INVESTMENTS, LLC for a Conditional Use Permit re car wash facility at 4937 Broad Street DISTRICT 4 —BAYSIDE RECOMMENDATION: APPROVAL 12. VERDAD REAL ESTATE & CONSTRUCTION/ SRGS, LLC, PENNY R. PITTS REVOCABLE LIVING TRUST, & ADAMS OUTDOOR LIMITED PARTNERSHIP for a Conditional Use Permit re automobile service station at 4493 Shore Drive DISTRICT 4 —BAYSIDE RECOMMENDATION: APPROVAL 13. BRANT FELDMAN for a Conditional Use Permit re outdoor recreation facility (skateboard ramp) at 1708 River Court DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 14. JANICE HART for a Conditional Use Permit re home-based wildlife rehabilitation facility at 1203 Gunn Hall Drive DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 15. HOME DEPOT, U.S.A., INC. for Conditional Use Permits re bulk storage yard, and truck & trailer rentals at 2324 Elson Green Avenue DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 16. CITY OF VIRGINIA BEACH—Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the Virginia Beach Active Transportation Plan 2021 to supersede the Virginia Beach Bikeways and Trails Plan 2011 and AMEND Section 2.1 re active transportation RECOMMENDATION: APPROVAL I. UNFINISHED BUSINESS J. NEW BUSINESS K. 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. If you wish to make comments during the meeting, please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e29d064d 125ece05edbce2ede39 2dd192 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnes@vbgov.com prior to 5:00 p.m. on February 16, 2021. 01.11A• $EAc$ City of Vir irila Beach *< 14. vy�s 5 OF ouR No`131 ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)3854581 FAX(757)385-5699 February 11, 2021 BDYEROVBGOV.CDM HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, Virginia Code § 15.2-1413 and the City's Continuity of Government Ordinance adopted on September 15, 2020, and Chapter 1289 of the 2020 Acts of Assembly as amended, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS of the VIRGINIA BEACH CITY COUNCIL Tuesday, February 16,2021 3:00 P.M. This SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS will be held virtually with Council Members participating via video/audio conference. The purpose of this SPECIAL MEETING is to allow the City Council to hold a regularly scheduled meeting regarding the items listed in the published Agenda. If you wish to make comments during the meeting,please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/gphp?MTID=e29d064d125ece05edbce2ede392dd192 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnesAvbgov.com prior to 5:00 p.m. on February 16, 2021. The City Council meeting will be streamed live on www.vbgov.corn and Facebook Live, and will be recorded for rebroadcast on Cable TV. 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. SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS 3:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer 1. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ELECTRONIC ROLL CALL OF CITY COUNCIL II. CITY COUNCIL'S BRIEFINGS A. MAYOR'S AFRICAN AMERICAN ROUNDTABLE—POLICE CIVILIAN OVERSIGHT Dr. Veronica Coleman B. SMALL BUSINESS INITIATIVES UPDATE Taylor Adams, Director—Economic Development III. CITY MANAGER'S BRIEFINGS A. MICROTRANSIT DEMONSTRATION PROJECT AND GRANT FOLLOW-UP Ray Amoruso, Chief Planning& Development Officer—Hampton Roads Transit(HRT) Brian Solis, Special Projects Manager—City Manager's Office B. MOTORIZED SCOOTER FRANCHISE LICENSE AGREEMENTS UPDATE Brian Solis, Special Projects Manager—City Manager's Office C. INTERIM FINANCIAL UPDATE Wendy Hu, Acting Co-Director—Finance IV. CITY COUNCIL DISCUSSION V. CITY COUNCIL COMMENTS VI. CITY COUNCIL AGENDA REVIEW VII. FORMAL SESSION - Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. ELECTRONIC ROLL CALL OF CITY COUNCIL C. MINUTES 1. SPECIAL SESSION December 15, 2020 2. SPECIAL SESSION January 26, 2021 3. SPECIAL SESSION February 2, 2021 D. MAYOR'S PRESENTATION 1. APPRECIATION OF ROBERT PRESTON MIDGETT II �NL'BEA 0il ,O U s_ —__, ,.:, o _ ..,: :„......t.,. . ., R OUR R�T firottattlation 'Whereat: R Preston 3IUfgett,II was born in Norfolk NA and raised in'Virginia Beach,graduating from'Frank'W. Cox1ligh School and Whereas Preston holds a Bachelor of Science in Business Administration from OCd(Dominion'University;and Whereas Preston 6egan his career with the family business founded in 1970,Jungle golf mini golf, at age 11, starting with mowing grass and moving to property management, eventually working with dedicated managers and loyal employees to guide Jungle Golf to its.50th year celebration in business in 2020;and Whereas: Where he marred his best friend and soulmate, Kim, on the 6th hole of the Jungle golf course, on (December31,1992;and Whereas: Preston became a volunteer in 2002 to serve on what would become multiple local community and City committees,commissions, boards,and associations,serving as chair for several and founding member for the'l y6in floods of'Virginia Beach/Nobleman and Su ngAccess for'Everyone(SAP4 and Whereas: Preston has been a loyal public servant dedicating countless hours to charitable and philanthropic causes throughout the City of'Virginia Beach for decades, with his volunteer work including his personal involvement in numerous civic endeavors,which has led our resort city to 6e ackpowledged as one of the most fami&friendly and safe cities of its size;and Whereas In 2002 Preston and his wife Kim, were honored to have become members of die Neptune 'festivals 'ling s Court,which made them members of the Rua!Order of Neptune,a working position,as part of a support group for the organization,assisting with leadership,fundraisers,committee chairs and members, volunteers,task force members,with that service continued by their son and daughter,and Whereas Preston relentlessly strived to make 'Virginia Beach a better place through this involvement with the R.gsort Advisory Commission, on which he served since 2002, and walled the streets of the resort strip often, keeping abreast of the City's position on anything affecting the tourism industry,and developing sane,reasonable and effective opinions and shared them when appropriate,walling the walkand talking the talkof what a community member should be;and 'Whereas Preston served as Nice Chair on the 6oard of the Patriotic festival foundation,acting as the primary liaison to the City of Virginia Beach,providing volunteer leadership and focal oversight to the annual celebration of our military,accepting responsibility with a genuine desire to help guide the'Festival to new heights;and 'Wherras: A long time and active 'Vision hoard and executive committee member, Preston served as the 'Resort (Development Task'Force chairperson for five very busy years,keeping his finger on the pulse of the resort community,with a broad understanding of its many challenges and opportunities;and `Whereas: In January of 2021,the City of Virginia Beach lost an open-hearted resident,and the community lost an inspiration for compassion,integrity and leadership—Preston 9iidgett is no longer with us-his life was shorter than it should have been,but every day counted Now Therefore,I Xo6ert M.(Dyer,Mayor of the City of'Virginia Beach,'Virginia,do hereby proclaim: February 16, 2021 qt Freston JKidgett II Day In'Virginia Beach,and I encourage all citizens to join me in expressing condolences to the Milgett family for their loss. Preston will be remembered as a humble yet strong leader and businessman, and as a dedicated and loving husband and father,who exemplified all the best characteristics of our community. In%fitness Whereof,I have hereunto set my hand and caused the Official-Seal-of the City of Virginia Beach,'Virginia,to be affixed this Sixteenth day of'Febnaary Two'Thousand Twenty-One. '6441;/61° • '1pbert N. Bo66y"'Dyer Mayor E. PUBLIC HEARING 1. APPROPRIATION OF PANDEMIC RELIEF RESERVE FUNDING u• g SS PUBLIC HEARING Appropriation of Pandemic Relief Reserve Funding On Tuesday,February 16,2021,at 6:00 p.m.the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to its Operating Budget that exceeds 1%. This amendment is to appropriate $16,577,767 from the fund balance of the General Fund from such amounts reserved for Pandemic Relief. The proposed use of funds will include the allocation of funding for pandemic relief to residents and businesses, expansion of the summer youth program,expansion of the Police Body Worn Camera program, and other consideration of needs related to the COVID-19 pandemic. The public hearing will be held virtually, and participation shall be by the method prescribed below. Information as to the proposed use of these funds reserved for pandemic relief can be found on the City's website at: httos://wvwv,vbgov.com/government/del2 a rtments/budget-office-manage ment- services/budget- a rch ives/Pages/defa u lt.a sox 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://vbgov.webex.com/vbgov/o nstaee/2.oho?MTI D=e29d064d 12 5ece05edbce2ede392dd192 • Register with the City Clerk's Office by calling(757)385-4303 prior to 5:00 p.m. on February 16,2021 If you are physically disabled or visually impaired and need assistance at this meeting,please call 385-4303. Hearing impaired,TDD-711. All interested parties are invited toy, participate. Amanda Barnes City Clerk Beacon:Sunday,February 7,2021 F. FORMAL SESSION AGENDA 1. CONSENT AGENDA G. ORDINANCES/RESOLUTION 1. Ordinance to APPROPRIATE from the Fund Balance of the General Fund: $12.4-Million to United Way of South Hampton Roads re small business grants; $350,000 to Parks & Recreation Department re Summer Youth Employee Program; $309,000 to Police Department re body worn camera program; and $3,518,767 to City Council Special Pandemic and Vaccine Support Reserve re future unforeseen pandemic expenses 2. Ordinance to DECLARE 2.361+/- acres at 5694 Wesleyan Drive in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Ebenezer Baptist Church re overflow parking needs 3. Resolution to DIRECT the City Manager to create a Virginia Beach Small Business Initiative division within the Virginia Beach Website re outreach and support for small businesses (Requested by Council Member Wooten) 4. Ordinance to AUTHORIZE a$5,000 micro-grant to Am I My Brother's Keeper re essential life services and assistance to homeless individuals (Requested by Mayor Dyer) 5. Ordinance to CONVERT a part-time position (0.61 FTE) to a full-time position(1.0 FTE) in the Office of the City Attorney and AUTHORIZE a transfer of funds from available appropriations re telecommunication legal services 6. Ordinances to ACCEPT and APPROPRIATE: a. $72,500 from VB Home Now, Inc. to FY2020-21 Housing and Neighborhood Preservation Operating Budget re housing assistance programs b. $450,000 from Virginia Department of Criminal Justice Services to FY2020-21 Police Department Operating Budget re purchase of software, and training and development services to assist with the recruitment and retention of sworn personnel and support criminal justice reform c. $20,000 from Virginia Department of Criminal Justice Services to FY2020-21 Police Department Operating Budget re Southern Virginia Internet Crime Against Children (ICAC) investigations d. $26,379.68 from Virginia Department of Health to FY2020-21 Emergency Medical Services (EMS) Operating Budget re support rescue squad operations and training e. $150,000 from What Works Cities to FY2020-21 Economic Development Operating Budget re early childhood language development program f. $74,804 from Virginia Department of Emergency Management to FY2020-21 Emergency Management Operating Budget and AUTHORIZE a local match from existing resources re support of COVID-19 vaccinations and health equity initiatives for vulnerable populations 7. Ordinance to TRANSFER $800,000 from Debt Service in the General Fund to FY2020-21 Voter Registration and Elections Operating Budget re June 2021 Primary Election expenses I `r �1�'.IA�Bf„I,,NI _...,.., 4,4 k.,..„,..) s� ,, .., ,,,,:....:„, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEMS: An Ordinance to Appropriate $16,577,767 from the Fund Balance of the General Fund for Further Pandemic Relief and Assistance, the Summer Youth Program, and Costs Associated with the Body Worn Camera Program MEETING DATE: February 16, 2021 • Background: On October 20, 2020, the City Council directed the City Manager to place a reservation on the fund balance of the City's General Fund in the amount of $39,258,497 for the purposes of pandemic financial relief and assistance. Since October, the City Council has, from time to time, appropriated portions of the reservation for demonstrated pandemic needs in the community and in City operations. Examples of these appropriations include to the United Way of South Hampton Roads, to the City's Volunteer EMS companies, to the Virginia Aquarium Foundation, for mass vaccination efforts, and to offset suspension of the local license tax on establishments regulated by the Virginia Alcohol Beverage Control Authority. Of the initial reservation, $16,577,767 million remains reserved in the Fund Balance but unappropriated in ii ie C..i y's FY 2020-21 Operating [�uuyo.. , ,. .nultiple Council sessions in early 2021 , plans for the use of the remaining reservation have been discussed. On January 29, 2021 , the City Manager, in a Friday packet item, made recommendations for the distribution of the remaining $16.57 million. • Considerations: The attached ordinance appropriates the remaining $16.57 million from the fund balance of the General Fund for the following uses: ➢ $12.4 million to the United Way of South Hampton Roads for small business grants, including set asides specifically for restaurants, Small, Woman-owned, and Minority-owned (SWaM) businesses, and non-profits, as well as funds for further direct financial assistance to individuals; • $350,000 to the Department of Parks & Recreation to expand services and restore cuts that were made to the Summer Youth Employee Program in the FY 2020-21 Operating Budget; ➢ $309,000 to the Virginia Beach Police Department to begin the expansion of the Body Worn Camera program to all filled sworn officers, including detectives, high level supervisors, and command staff; and • $3,518,767 million to the City Council Special Pandemic and Vaccine Support Reserve for future unforeseen pandemic expenses. While this action will appropriate the balance of funds reserved in the City's fund balance, the City Council will have created capacity to meet future needs through the City Council Special Pandemic and Vaccine Support Reserve. This Reserve includes the $5.4 million from the ordinance adopted on February 2nd and the $3.5 million set forth above. • Public Information: The cumulative appropriations of fund balance for pandemic relief measures, inclusive of this action, will exceed 1% of the FY 2020-21 Operating Budget. Accordingly, a public hearing notice was advertised in the February 7, 2021 Beacon, and a public hearing will be held on February 16th prior to Council action on this request. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Disclosure Statement Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: rt\AP 1 AN ORDINANCE TO APPROPRIATE $16,577,767 FROM 2 THE FUND BALANCE OF THE GENERAL FUND FOR 3 FURTHER PANDEMIC RELIEF AND ASSISTANCE, THE 4 SUMMER YOUTH PROGRAM, AND COSTS ASSOCIATED 5 WITH THE BODY WORN CAMERA PROGRAM 6 7 WHEREAS, the City of Virginia Beach recognizes that there are citizens and 8 businesses that are in need of further financial relief and assistance due to the 9 coronavirus pandemic; 10 11 WHEREAS, the City Council directed the City Manager to place a reservation upon 12 the Fund Balance of the General Fund for such purposes and this reservation still contains 13 amounts that have yet to be assigned for any program or initiative; 14 15 WHEREAS, the City of Virginia Beach recognizes that there are additional City 16 operations and initiatives that will provide for the public safety, public health, and 17 economic well-being of the citizens of the City; and 18 19 WHEREAS, the City of Virginia Beach will hold a public hearing on February 16, 20 2021 to allow public input upon the proposed uses of the funds for pandemic relief and 21 assistance. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA THAT. 25 26 $16,577,767 is hereby appropriated, with specific fund reserves increased 27 accordingly, from the fund balance from the General Fund from such amounts that were 28 previously reserved for pandemic relief, to the FY 2020-21 City General Fund Operating 29 Budget. These funds are for the following purposes: 30 31 a. $12.4 million for a donation to the United Way of South Hampton Roads ("The 32 United Way"). These funds are intended to be used to provide emergency 33 assistance to the residents and business operators of the City. The United Way 34 is hereby requested to use such funds for the following purposes: 35 36 i. $4 million for small business grants, with not less than $1 million 37 reserved for Virginia Beach restaurants; 38 ii. $400,000 for capital investment in Small, Woman-owned, and Minority- 39 owned (SWaM) businesses through the Hive small business start-up 40 and workforce development initiative; 41 iii. $6 million for grants to non-profit organizations, located in or serving the 42 City of Virginia Beach and its residents, to assist with organizational 43 operational costs and expenses; and 44 iv. $2 million for individuals and families for medical expenses (including 45 mental health services, co-pays or coinsurance); emergency assistance, 46 or unemployment needs; 47 48 b. $350,000 to the Department of Parks & Recreation's FY 2020-21 Operating 49 Budget for expansion of the Summer Youth Employee Program; 50 51 c. $309,000 to the Police Department's FY 2020-21 Operating Budget for the 52 purchase of Body Worn Camera equipment and associated subscription and 53 licensing costs; and 54 55 d. $3,518,767 million to the City Council Special Pandemic and Vaccine Support 56 Reserve in the FY 2020-21 Operating Budget subject to future direction by the 57 City Council regarding the use of such funds. Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services s Office CA15323 R-1 February 3, 2021 • DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: United Way SHR SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO 1 r SERVICE I PROVIDER (use additional sheets if' needed) I Lam' C Accounting and/or preparer of Wall Einhorn & Chernitzer your tax return (WEC) Financial Services (include See attached lending/banking institutions and current mortgage holders as applicable) Not at this time, but if UWSHR [] Legal Services engages, or becomes aware of any legal services, it will inform the city of VB We are not aware of any rt n Broker/Contractor/Engineer/Other current providers that have Service Providers special interests with the city of VR that would require disclosure CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. cal Joss-P H rN_s /260.z(. APPLICANTS SIGNATURE PRINT NAME DATE United Way of South Hampton Roads Financial services listing As of 12.31.2020 Assets Financial Institution Account Name Bank of America Corporate Bank of America Payroll Bank of America Lincoln Financial(FUND 14) Bank of America Charitable Pledge Processing Bank of America Cox Charities-Checking(FUND 14) Bank of America Cox Charities-Savings(FUND 14) BB&T United Way of South Hampton Roads BB&T Capital Markets(MMA) United Way of South Hampton Roads BB&T Scott&Stringfellow Stock receipt account(liquidated immediately) Merrill Lynch Stock receipt account(liquidated immediately) Southern Bank FEMA Fund Norfolk Southern Bank FEMA Fund Chesapeake SunTrust Corporate SunTrust Operating SunTrust Sweep Account The Carr Investment Group United Way of South Hampton Roads Towne Investment Group T-bills Towne Investment Group Stock receipt account(liquidated immediately) TowneBank Combined Charities Campaign TowneBank Combined Charities Campaign-MMA Wells Fargo United Way of South Hampton Roads Liabilities Financial Institution Account Name TowneBank PPP Loan r'��;c->"Hl7 y, is sb p'f ,,,,,..:.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring City-owned property located at 5694 Wesleyan Drive (GPIN 1468-15-2253) to be in excess of the City's needs and authorizing the City Manager to sell same to Ebenezer Baptist Church PUBLIC HEARING DATE: February 2, 2021 MEETING DATE: February 16, 2021 • Background: The City of Virginia Beach (the "City") purchased the 2.361+/- acre parcel of land at 5694 Wesleyan Drive for $275,000.00 in August 1990 (the "Property"). The Property was originally purchased for a fire station; however, it was later determined to not be suitable for this purpose. In the intervening years, the Property was also used for a neighborhood park, but the use was terminated due to neighborhood opposition and access concerns. The Property was most recently used by the City as a staging site for the Wesleyan Drive Project. Additionally, a strip of the Property (5,375 square feet) was devoted to the Wesleyan Drive improvements for right-of-way and another 5,916 square feet was encumbered with a Verizon easement. Ebenezer Baptist Church (the "Ebenezer") has been leasing the Property since 2014 to accommodate its overflow parking needs. Ebenezer is now interested in purchasing the Property. A Virginia Dominion Power easement encumbers a large portion of the site, limiting the development potential and requiring improvements to be situated close to the intersection to avoid conflicts with the easement. • Considerations: Ebenezer desires to purchase the Property for $75,000. The Property is assessed for $70,800. The Property shall be sold "as is, where is." The Property will be sold with a deed restriction that the City can repurchase the property if it ceases to be used for Ebenezer's church purposes. Since the Property was previously put to a public use, an affirmative vote of three-fourths of the members of City Council is required to authorize the sale. The proceeds from the sale of the Property will be deposited in the General Fund Account #100.405.5000.442020. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and via the normal City Council agenda process. The public hearing will be held on February 2, 2021. • Alternatives: Retain ownership of the Property. • Recommendations: Approval. • Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Public Works Real Estate City Manager: 019 1 AN ORDINANCE DECLARING CITY-OWNED 2 PROPERTY LOCATED AT 5694 WESLEYAN DRIVE 3 (GPIN 1468-15-2253) TO BE IN EXCESS OF THE 4 CITY'S NEEDS AND AUTHORIZING THE CITY 5 MANAGER TO SELL SAME TO EBENEZER 6 BAPTIST CHURCH 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 9 102,845± sq. ft. of vacant property located at 5694 Wesleyan Drive (the "Property"), and to more particularly described on Exhibit "A" attached hereto and made a part hereof; 11 12 WHEREAS, the City acquired the Property by voluntary agreement in 13 1990; 14 15 WHEREAS, the Property was put to public use as a neighborhood park, 16 but this use has since been discontinued; 17 18 WHEREAS, Ebenezer Baptist Church ("Ebenezer") owns 965 Baker 19 Road, which is located on the opposite side of Baker Road from the Property; 20 21 WHEREAS, Ebenezer has offered to purchase the Property for$75,000; 22 23 WHEREAS, Ebenezer will purchase the Property in accordance with the 24 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 25 26 WHEREAS, the City Council is of the opinion that the Property is in 27 excess of the needs of the City of Virginia Beach. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the Property, as more particularly described on Exhibit "A", is hereby 33 declared to be in excess of the needs of the City of Virginia Beach and that the City 34 Manager is hereby authorized to execute any documents necessary to convey the 35 Property to Ebenezer Baptist Church in accordance with the attached Summary of 36 Terms and such other terms, conditions or modifications as may be acceptable to the 37 City Manager and in a form deemed satisfactory by the City Attorney. 38 39 Further, that the revenue from the sale of the Property in the amount of 40 $75,000 shall be received and deposited in the General Fund Account 41 #100.405.5000.442020. 42 43 This Ordinance shall be effective from the date of its adoption. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of , 2021. CA14868 R-1 01/11/21 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d012\p037\00693955.doc THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY j-0-(1,1--212( Public Works/Real Estate Ci y orney' Office U APPROVED AS TO CONTENT B dget & Management Services EXHIBIT "A" LEGAL DESCRIPTION 5694 Wesleyan Drive; GPIN 1468-15-2253: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "GPIN 1468-15-2253 PARCEL A M.B. 169 PG. 15 N/F CITY OF VIRGINIA BEACH D.B. 2936 PG. 2186," and further described as "RESIDUAL PARCEL AREA 102,845 SQ. FT. 2.361 ACRES," as shown on that certain plat entitled: "PLAT SHOWING RIGHT-OF- WAY AND EASEMENT HEREBY ESTABLISHED ON THE PROPERTY OF CITY OF VIRGINIA BEACH FOR WESLEYAN DRIVE IMPROVEMENTS CIP 2-145, PWCN 09-0381 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 30', dated April 14, 2011, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110727000757000, to which reference is made for a more particular description. SUBJECT TO that certain variable width Verizon South, Inc. easement as shown on the aforesaid plat. SUBJECT TO that certain 150' Virginia Power Easement as shown on the aforesaid plat. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. FURTHER RESERVING unto to the City all traffic control, utility, and drainage easements necessary to operate and maintain any existing facilities on or near the Property, and a 5' traffic control easement along Wesleyan Drive and Baker Road for the placement of streetlight poles and associated infrastructure. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from Campus East Associates, Inc. dated August 21, 1990 and recorded in the aforesaid Clerk's Office in Deed Book 2936, at page 2186. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY SELLER: City of Virginia Beach PURCHASER: Ebenezer Baptist Church, a Virginia nonstock corporation PROPERTY: 2.361± acres of land located at the corner of Wesleyan Drive and Baker Road known as 5694 Wesleyan Drive (GPIN 1468-15-2253), more particularly described on Exhibit A. SALE PRICE: $75,000 CONDITIONS OF SALE: • The Property will be sold by Special Warranty "As Is, Where Is." • The Purchaser shall reserve unto the City all right, title and interest to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. The Purchaser shall also reserve unto the City all traffic control, utility, and drainage easements necessary to operate and maintain any existing facilities on or near the Property, and a 5' traffic control easement along Wesleyan Drive and Baker Road for the placement of streetlight poles and associated infrastructure. • The Purchaser shall submit a lighting plan to the City's Planning Department for approval prior to the installation of lights on the Property. • The City shall reserve the right of repurchase of the Property for $75,000 in the event the Property ceases to be used in connection with church purposes affiliated with the Purchaser. • Purchaser shall deposit Five Thousand and No/100 Dollars ($5,000.00) at the execution of the Purchase Agreement. • Purchaser has sixty (60) days from execution of the Agreement of Sale to notify Seller of any conditions that would render the Property unsuitable for Purchaser's intended use. • The City and Purchaser shall each be responsible for their own costs of closing. • Approval of this sale shall be revoked if closing has not occurred on or before February 2, 2022, unless extended by City Council prior to such date. I V40 1#,-,* #4ka >- - g z ,i-�— cQ p CC + ���SI, 11 W > M 1 oo I • 0 cc.1.1�3 N �f oFQR� NO 8 � •• •• < o Z N N v 5 D RP � P�ek �" y Za < Lo Cl do r 0 > W co ci , r-, , ° ° 0 "' �wlowt�♦wt♦ ch � aU � �. o U.1 N o 01::: \IOU'IV 6 1 0 CI) 0 ci 2 • P‘ D . 0 ,...0,,, # 4 -J (1) 0- 0 (4 a c ' .°. ° g ... 0 . z s .--- . . -, w° V �Vi' 13 . 11 . a,11V � �� . � p�% .%1.0 C3 0 0 1 n 4 l ,i)*40 1 D D - al C . 0 #0, c c LI z OD ,, r D . . °°I ‘<\% 'C . SGO i L I ji-� a ° � D 0 0 � '' 0 \-\> 'c ) o 0 u B 0, D 'II n ; 0 0 .4,... ‘,4 p tLiz r SRpR 4II RCE W - iii ' _ W w U ' ❑ - _ _ 0 v::3 ¢' "2 'D E3 N - ------ a 0 w ) ; N - ill BAKER Rp tn, D wut c3 D „ Q , W I 0 ' . z 0 , o a , Q Q W o ' 44 > , a• ' , o .0 c) , 0 ' O _ICO > I �j , C ' U U z ��, 1, 1 w N rn d +� o o Z N = ._ n f'7- T ? „a :I 4bIn Q > M , _ . . ,, M n pY d) J m L N w N , w 'Ho! C d Q N m 4/„ _ 9 I 4) N O :cD, to w CO ' E d a ' m I CD , 00 C �o co d Z. (0 L �,`,a W n II ' = co W U - a ti� ti J a bo ~ LLJJ - ' a Disclosure Statement i City of i�t�tr�iz Aesx�.. ;, � � �e .a Planning & Commun Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Ebenezer Baptist Church Does the applicant have a representative? ® Yes E No • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? U Yes ❑ No • If yes, list the names of all officers, directors, members,trustees, etc. below. (Attach a list if necessary) Earnest Nimmo,Shirleyy Johnson, Robert Brown, Pebble Mapp, Larry Overton, Debra Blount,and Isaiah Lewis • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) None '"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 o.n 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. Wage Disclosure Statement C.it y of 6'Ljm u Xftxt rf Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes IN No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes IN No • If yes,identify the financial institutions providing the serice. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes • No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 1 No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Wage • ata isclosure Statement `gig' L'tt1jP far�Sl+t z sad s � ,o • ., „m1 :Planning & Community • a... : . Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes U No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes IN No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title Date Is the applicant also the owner of the subject property? ❑ Yes I No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name ............. . ...... ..... Wage Disclosure Statement Planning &Commun ,x o. Development Continue to Next Page for Owner Disclosure Wage Disclosure Statement Planning & Commune Development Owner Disclosure ... Owner Name Applicant Name Ebenezer Baptist Church Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes ❑ No • If yes, list the names of all officers, directors, members,trustees, etc. below. (Attach a list if necessary) Earnest Nimmo, Shirley Johnson, Robert Brown, Pebble Mapp, Larry Overton, Debra Blount and Isaiah Lewis • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity')relationship with the Owner. (Attach a list if necessary) None Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "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. Wage to Disclosure Statement :. . a .r,, . City of Vivinia Ihndi Planning & Community Development ndy+�£aax9a °8:: vM Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 6IPage Disclosure Statement City cf6`iryw Balch Planning & Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature 0 eR>r w"e-si 7c cr-OC Print Name and Title f 24-L/Zt9 Z0 Date 7IPage Pori b. 7, {• T, • Sl r c � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Manager to Create a Virginia Beach Small Business Initiative as a Division within the Virginia Beach Website and to Provide the Details Thereof MEETING DATE: February 16, 2021 • Background: The City of Virginia Beach prides itself on supporting and sustaining big business. However, research indicates that 1 in 3 small businesses start in Virginia Beach. Yet, there is no specific support or vehicle that focuses on small businesses. Additionally, research reveals that the City does not have a designated small business department, which is critical in the support and susta inability of new and growing small businesses. Small business owners constantly request resources, support and attention to grow, expand and develop their businesses. In the same manner, residents wishing to start a business request a simplified process to accomplish this goal. As a result, Councilmember Wooten had a discussion with Economic Development Director Taylor Adams, and he confirmed that the City of Virginia Beach must focus on a small business initiative that includes a webpage specifically designed for small businesses. Accordingly, Councilmember Wooten is proposing the following initiative to enhance the City's outreach to small business owners within the City. This initiative will create a small business dedicated webpage. The website will be a division that encompasses all of its corresponding components which will be located within the primary Virginia Beach website. This section of the Virginia Beach website will be dedicated to the small business initiative and will consolidate all current business initiatives, resources and tools all in one place. Furthermore, the webpage will be a hub of exchange where the City can provide information on resources and support and business owners can provide the City with commentary based on their needs. This exchange will create a concierge model that will allow the City to support business owners with specificity. The Virginia Beach small business initiative encompasses a five point approach: • Consolidation of previous efforts; • Enhanced search experience; • Provide small businesses with a voice where they feel that their voice is not merged with big business; • Create an aggressive effort to appeal to and support small businesses; • Creates a calling card to business owners all over the region that Virginia Beach supports small business owners. Other projects that will be promoted through the initiative: o Small business directory; o Advocating solutions associated with the licensing process; o Formulation of a list of small business problems to be published on the above-mentioned webpage to be addressed in a methodical method; and o A streamlined process to start a business. • Considerations: The attached resolution directs the City Manager to create a Virginia Beach Small Business initiative web page division. The resolution includes the features of such a web page division. The resolution also directs the City Manager to undertake this initiative using existing appropriations and if the City Manager requires additional appropriation authority to forthwith communicate that need to the City Council. • Public Information: Normal Council agenda process. • Attachments: Resolution REQUESTED BY COUNCILMEMBER WOOTEN REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION TO DIRECT THE CITY MANAGER 2 TO CREATE A VIRGINIA BEACH SMALL 3 BUSINESS INITIATIVE AS A DIVISION WITHIN 4 THE VIRGINIA BEACH WEBSITE AND TO 5 PROVIDE THE DETAILS THEREOF 6 7 WHEREAS, the City of Virginia Beach prides itself on supporting and sustaining 8 all businesses; 9 10 WHEREAS, there is no specific vehicle to assist small businesses; 11 12 WHEREAS, small businesses require resources, support, and attention to grow, 13 expand, and develop their businesses; 14 15 WHEREAS, Councilmember Wooten proposes a new initiative to create a division 16 within the Virginia Beach website that contains component webpages specifically 17 designed to provide outreach and support for small businesses, and the Councilmember 18 would like the initiative to be called, "Launch Virginia Beach;" 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT 22 23 The City Manager is hereby directed to create a Virginia Beach small business 24 initiative division within the Virginia Beach website called "Launch Virginia Beach." 25 26 The Virginia Beach small business initiative shall encompass a five-point 27 approach: 28 • Consolidation of previous efforts; 29 • Enhanced search experience; 30 • Provide small businesses with a voice where they feel that their voice is not 31 merged with big business; 32 • Create an aggressive effort to appeal to and support small businesses; 33 • Creates a calling card to business owners all over the region that Virginia 34 Beach supports small business owners; and 35 • Other projects that will be promoted include: 36 o Small business directory; 37 o Advocating solutions associated with the licensing process; 38 o Formulate a list of small business problems to be published on the 39 web portal and addressed in a methodical method; and 40 o A streamlined process to start a business. 41 42 BE IT FURTHER RESOLVED, THAT: 43 44 The City Manager is directed to undertake the above initiative using existing 45 appropriations. However, if there is a need for the City Council to provide additional 46 appropriation authority, the City Manager is directed to forthwith communicate that need 47 to the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Att rney's Office CA15311 R-4 February 11, 2021 i s ✓�K sue, `u� s S y 44 {yam CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Authorize a Micro-Grant of $5,000 to Am I My Brother's Keeper MEETING DATE: February 16, 2021 • Background: Am I My Brother's Keeper, a nonprofit organization, has requested a micro-grant from the City in the amount of$5,000. The $5,000 grant from the City would be used to support Am I My Brother's Keeper operations and acquisition of a tent. This grant will further the organization in its efforts to establish temporary locations throughout the City for workshops that would provide essential life services and assistance to homeless individuals such as mentoring, tutoring, social activities, and the provision of items such as bus passes, coats, shoes, socks, or backpacks. • Considerations: The total micro-grant request is $5,000. The application received by the organization is attached, and it is sponsored by Mayor Dyer. Funding would come from the opportunity grants line item in the Non-Departmental Operating Budget. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Micro-Grant Application; Disclosure Form REQUESTED BY MAYOR DYER REQUESTED BY MAYOR DYER 1 AN ORDINANCE TO AUTHORIZE A MICRO-GRANT OF 2 $5,000 TO AM I MY BROTHER'S KEEPER 3 4 WHEREAS, Am I My Brother's Keeper has requested a micro-grant from the City 5 of Virginia Beach; 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That a micro-grant in the amount of $5,000 is hereby authorized for Am I My 11 Brother's Keeper from the FY 2020-21 Non-Departmental Operating Budget in order to 12 assist Am I My Brother's Keeper in its efforts regarding homelessness including in the 13 purchase of a tent. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City n s Office CA15315 R-1 February 1, 2021 RECEIVED City ttf Virginia Beach JAN 2 0 2Q21 Office of the Mayor City of Virginia Beach COMMUNITY SERVICES MICRO-GRANT APPLICATION Organization Name: AM S, IA"( "6R0-CNERS Iet,f.PeI Address: 2.113 C.AM P051 ..L%A F'�D C E$A?EAKE.0/A 233241 Phone: '7 57 - 561 - 0 H 25 Email: s 11 LIS& 9MAi L •COM Amount of funding requested:$ S000 ($250 minimum/$5,000 maximum) City Council Sponsorship: As a member of the Virginia Beach City Council, I hereby authorize my support of this application only for consideration and potential approval by the City Manager. /-020 / ty Council 1e r P ted 1 ine/Signature Date Organization Status/Category Please select the option below that best describes your 501(c)(3)organization: i Tax exempt under Section 501(c)(3) of the Internal Revenue Code with a valid tax exempt number. ❑ Recognized government entity: state,county,or city agency,including law enforcement,fire, or EMS departments(including volunteer organizations)requesting funds exclusively for public purposes. ❑ K-12 public/private school,charter school,community/junior college,state/private college,or university. ❑ Nondenominational organisation, if authorized by Virginia State Code, Section 15.2-953, with a proposed project that addresses and benefits the needs of the community at large. ❑ Non-profit organization having state,regional,or local services benefiting the residents of the City of Virginia Beach. Are you applying for funding for any of the organizations listed below?Yes 0 /No❑ If yes,please select the organization. ❑ American Cancer Society ❑ American Diabetes Association 0 United Way ❑ American Heart Association 0 Children's Miracle Network 0 N/A 0 Other 1. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach?Please explain how(500 words or less). 2. Program/Project Description:Briefly describe your program or the service you intend to provide.Please include the following: Total project cost,other sources of funding(name, organization, 501(c)(3)status,the amount of funding provided),and the program/project implementation time line(No more than 1,000 words). 3. Is your organization currently receiving any funding from the City of Virginia Beach for the current program, service,or project you are proposing via this application?Has your organization previously? If so, please provide a written explanation. Any explanation should note the City related entity providing funding,how much funding,and how long the funding partnership has existed. 4. Has your organization currently or previously received any funding from the City of Virginia Beach for any past program, service, or project outside of the item proposed in question number three (3) above? If so, please provide a written explanation. Any explanation should note the City related entity that provided the funding, how much funding had been provided to date,and how long the funding partnership existed. Organization Authorization/Signature: I attest that the information provided in this application is factual to the best of my knowledge and understand if such information is determined to be false, that such action is grounds for termination and revocation of all funding authorized.I further commit that the use of grant funds authorized for my program,service,or project will be used for the designated purpose.The City of Virginia Beach reserves the right to hold me and/or the organization I represent, via my signature below, as the responsible and accountable recipients of funding to repay all or part of the funding granted as determined by the City of Virginia Beach. I further understand that my organization is responsible for providing an annual financial report on the total grant expenditures, prepared by a Certified Public Accountant(CPA),within 12 months of receiving the grant award from the City. Organization Name: AM 1, t ` (1)Filtir PER (Printed Name) Authorized Agent: A AP4 5 "P‘x5 PAR (Printed Name) Authorized Agent: e-PREW10 'T/P170uW:DEg, (Prin itle) Authorized Agent: ►1�/ , (Signature) Date: I t ` - 2 ` Page 1 of 3 We benefit Virginia Beach Am I My Brothers Keeper We are a non- profit organization, with the mission to provide services for disadvantaged youth; as well as the less fortunate and those that are displaced and homeless in the community. Throughout the last 7 years, we have been providing services in some of our low income communities in the city of Virginia Beach coming right out of pocket or asking for donations. We also have met with several different community leaders to discuss ways in which to curb gun violence in the communities. We have also sought to partner with the Virginia Beach Police to bridge the gap between them and some of the citizens that see themselves in danger by our Policemen. We have also made it our mission in the last year to come to the aid of the homeless, and less fortunate community. Present/ Founder James Risper Program/ Project It's our desire to create alternative activities, Such as men mentoring, tutoring, and other social activities, that could aid to prevent those that are on the verge of making choices and decisions, that may impact their future negatively for the rest of their life. We are very much aware of the plight of the homeless. But if we can help save some of the families and individuals in our communities and encourage them to become better citizens in our city, this could have the domino effect. We want to continue to provide clothes, shoes, lunches, hygiene packs, Ect. Our greatest desire is to get a 20x30 tent and set it up in different locations in Virginia beach to have work shops, to provide I.D cards, addresses, bus passes, education to give them hope. We are not trying to be part-time, but we want them to know that we don't close. I was once homeless, and hand outs are not a mean of success, we have to get up close and personal. $5000 will definitely help us to provide some of the needs we will have all year long. We have a garage that we can keep our water, clothing, and some other things. Our Bank account is under the limit of funds at this time. We would like to keep at lease $2000 in it at all time. Last but not least, our desire to help has been so under appreciative, be we never stopped. President/Founder James Risper Funding For the last 5 years we have been functioning on donations per event. We haven't had the privilege of a grant yet. We have received $200 dollar donation from the Virginia Beach police Benevolent Association in December for our coat drive. I can honestly say that we have been supporting ourselves in a bid to help our city of Virginia Beach. I stop reaching out to the city after Mayor William Sessoms resigned. We personally asked the citizens of our communities to help us to do what we have been doing the last 2 events we had. We raised $2600 for coats and shoes. On January 30 we will be giving out those brand new shoes,Socks, and back packs. No we have not gotten any assistance from our city. President/ Founder James Risper Previouslyfunding In 2017 former Mayor William Sessoms came to on of our events and saw the importance of our organization was to the city, He arranged for us to receive $5000 to open our youth center. He attempted to share the importance of getting a building and keeping the building. Well we lost the build for a lack of funding, we were a new 501 (c) (3) at the time. But we have seen our Organization become better suited for the outside in the last 2 years, buy the affect we have had on the community. We understand the the city can't come to every need we have. But we only have asked twice, once then, and once now. Also we want to inform the city that we have received funds from no one else". No other part of Virginia Beach city. President/ Founder James Risper DISCLOSURE STATEMENT FORM • ______ • The completion and submission of this form is required for all applications wherein such pipplicant may utilize certain service providers or financial institutions, and the (:ity seeks tp know of the existence of such relationships in advance of any vote upon such application. d SECTION 1 / APPLICANT DISCLOSURE Organization name: A +-,1 tk( at�prarim 4CE�pEt? SECTION 2. SERVICES DISCLOSURE re any of the following services being provided in connection with the applicant? If the answer to any item is YES, please fdentify the firm or individual providing the service: r _ _ — b'ES NO SERVICE PROVIDER(use additional sheets if needed) 1-1 Accounting and/or prepares of your tax return ►i Financial Services(include lending/banking (` _A institutions and current mortgage holders as Al� v' �`_`� a applicable) Legal Services rEl d �p Broker/Contractor/Engineer/Other Service LL Providers n - I 'CERTIFICATION: j certify that all of the information contained in this Disclosure Statement Form is complete. true, and accurate. understand I am responsible for updating the information provided herein if it changes prior to to Council action upon this Application. JAMES TAXER -' Zl I'M _:A. T'S SIGNATURE: PR1NI N e n .r0,16-.4,2,„ CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Convert a Part-Time Position to a Full-Time Position in the Office of the City Attorney and to Authorize the Transfer of Funds in Furtherance Thereof MEETING DATE: February 16, 2021 • Background: The Office of the City Attorney provides in-house legal services for the City. The use of in-house attorneys results in a considerable cost savings over hiring out legal work to private law firms. Recent changes in state and federal legislation along with an increasing demand for cellular services and small cell capability have resulted in an increased need for legal services in the telecommunications area. Recently one of the experienced city attorneys providing services in this area transitioned to serve elsewhere in the City. The City Attorney's Office currently employs a part-time attorney with relevant experience who could assist in filling the gap created by this departure if the position were converted to full-time. • Considerations: The attached ordinance increases the FTE authorization for the Office of the City Attorney by 0.39 FTE. The ordinance also provides a corresponding tranRfer authorization in case sufficient funds are not available within existing salary accounts. The attorney position that would be subject to this increase has already been appointed by the City Council, so there is no need to appoint the attorney again. • Public Information: Normal Council agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the City Attorney City Manager: /9 1 AN ORDINANCE TO CONVERT A PART-TIME POSITION 2 TO A FULL-TIME POSITION IN THE OFFICE OF THE CITY 3 ATTORNEY AND TO AUTHORIZE THE TRANSFER OF 4 FUNDS IN FURTHERANCE THEREOF 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. A 0.61 FTE part-time position is hereby converted to a 1.0 full-time FTE in the 10 Office of the City Attorney. 11 12 2. The City Manager is hereby directed to transfer funds from available appropriations 13 to support the FTE conversion above. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City , ey's Office CA15317 R-1 February 1, 2021 r '" r,,lN.hB��, {7') ft 0 .,..,,,.....,,, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate a Donation from VB Home Now, Inc. to the Department of Housing and Neighborhood Preservation MEETING DATE: February 16, 2021 • Background: VB Home Now, Inc. is a nonprofit that was created to help end homelessness by working with the Housing Resource Center and throughout the community. The organization is led by Pastor Ray Bjorkman, and they have raised more than $1 ,000,000 in cash and pledges to be disbursed to partners throughout the community who are engaged in ending homelessness. Each year, the organization allocates funds for certain activities carried out by the City. This year, it provided a donation of $110,000. The Department of Housing and Neighborhood Preservation budgeted $37,500 in estimated donation revenue from VB Home Now in the FY 2020-21 Operating Budget, and the additional $72,500 needs to be appropriated before it can be used. • Considerations: The total $110,000 is intended to be used as follows: ➢ $30,000 for rental arrears; ➢ $30,000 for security deposits; ➢ $40,000 for pilot rental assistance program for families; and ➢ $10,000 for miscellaneous support service costs associated with the pilot program. The appropriation of the additional $72,500 is required prior to the expenditure of such funds. • Public Information: Normal City Council agenda processes. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance, Donation Letter Recommended Action: Approval Submitting Department/Agency: Housing and Neighborhood Preservation City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DONATION FROM VB HOME NOW, INC. TO THE 3 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION 5 6 WHEREAS, VB Home Now, Inc., has provided the City, through the Department 7 of Housing and Neighborhood Preservation, a donation totaling $110,000 for the City's 8 housing assistance programs; and 9 10 WHEREAS, the donation exceeds the anticipated amount in the Department's 11 budget by $72,500, so an appropriation is required. 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA THAT: 15 16 That $72,500 is hereby accepted and appropriated, with donation revenue 17 increased accordingly, from the VB Home Now, Inc. to the FY 2020-21 Operating Budget 18 of the Department of Housing and Neighborhood Preservation for housing assistance 19 programs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. negt.,;res an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget 8, Management Services City or 's Office CA15319 R-1 February 1, 2021 • vb home now x + December 21, 2020 Board of Directors Ray Bjorkman Chair Deborah A.Baisden Dear Mr. Friedman, Vice-chair Theodore L.Salter On behalf of the VB Home Now Foundation and its Board of Directors,we Treasurer are excited to contribute $iio,000 in support of the City of Virginia Beach: Joshua Coe Department of Housing and Neighborhood Preservation's Housing Crisis and Secretary Stabilization program. Our community continues to embrace the work being done Linwood Branch at the Housing Resource Center and many individuals, businesses and John Edwards organizations have demonstrated their support in the form of financial donations. Mary Donnan Harrison These funds are intended to assist people experiencing homelessness or a Pastor Steve Kelly housing crisis achieve housing stability by providing financial assistance for: rent, George MacDonald utilities, security deposits, rental arrears and emergency housing fees. John Olivieri VB Home Now is committed to supporting and enhancing our community's Sherry Pitsilides system of services,to help people move from homelessness to housing stability. James Walrod We wish you success in your effort to make homelessness rare, brief and non- recurring. Sincerely, %4• Ray Bjorkman Board Chairman VB Home Now w w w . v b h o m e n o w . o r g �Nw,MB 4ti. f Fj2ill uS CITY OF VIRGINIA BEACH • AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Criminal Justice Services for the Recruitment and Retention of Sworn Personnel and Criminal Justice Reform MEETING DATE: February 16, 2021 • Background: In Chapter 56 of the Virginia Acts of Assembly, 2020 Special Session I, the Virginia General Assembly appropriated almost $7.5 million to the Virginia Department of Criminal Justice Services (DCJS) to make one-time payments in FY 2020-21 to local police departments throughout the Commonwealth. The purpose of this appropriation was "for the purposes of attracting and retaining the most qualified local police department sworn personnel and support the costs associated with criminal justice reform." Allocations to each local police department was based on a headcount of sworn officers in each locality relative to the total number of sworn officers throughout the Commonwealth. Through this distribution method, Virginia Beach received $500,267, and this sum was paid to the City by DCJS in January. Upon receipt of the funds, the Police Department (VBPD) was asked by the City Manager to prepare a proposal for the use of this money in their FY 2020-21 Operating Budget. The VBPD has three unfunded projects that it wishes to support with these funds. The first project is to purchase a client relationship management software, Salesforce, to manage police officer recruit applicants and the multi-step process through which an applicant must pass prior to their enrollment in the Police Academy. The present recruit application process is currently tracked through Microsoft Access, and this procedure is outdated, inefficient, unreliable, and is no longer supported by the City's Department of Information Technology. Salesforce will allow the VBPD to modernize the applicant process and implement a more organized flow of information. Additionally, Salesforce is a known software in the City, as several other City departments use this database. A secondary benefit of Salesforce is the extrapolation of data. Currently, the VBPD has no method to transmit information regarding its applicants aside from manually scanning spreadsheets and hand counting. With the data generated from Salesforce, the VBPD will be able to enhance its focus on diversification of the City's police force through targeted marketing. Thus, Salesforce will serve as a tool that will contribute to the Police's goal of improvement of the force by hiring qualified applicants. The estimated cost of the software is $315,000, and any recurring costs will be included, as necessary, in future City budgets. The second project that the VBPD requests is a 4-hour "booster" training for all sworn personnel in Fair & Impartial Policing© (FIP) and to host a "train the trainer" course, in which six sworn members will be certified as FIP administrators. FIP provides implicit- bias-awareness training for law enforcement. This on-site training addresses biases including, but not limited to, race, ethnicity, gender, sexual orientation, religion, and socio-economic status. The estimated costs of the training sessions are estimated to be $100,000, inclusive of training for all sworn members, including specialized training for mid-managers and Command Staff, training materials, and travel for FIP to come to our facility multiple times to train our members. The third project the VBPD requests is a firearm training simulator. This comprehensive system allows trainers to give presentations, teach classes, give interactive testing and assessment, and provide hands-on scenario-based exercises. This mobile system has beneficial implications for recruiting as recruits can be introduced to job stressors, which allows them to make early decisions on if policing is their desired career choice. The portable system can be taken to recruiting events, and it offers realistic training with no risk of injury to the participant. It can also be used for remediation training stemming from complaints or internal investigations. The simulator includes replicas of a firearm, OC spray, a Taser, and a flashlight, to be used with pre-loaded scenarios, and can be used in skill building exercises. This system will enhance VBPD recruiting, selection and retention efforts. The cost is estimated at $35,000. • Considerations: The intent of the General Assembly is for these funds to be used in FY 2020-21. After the allocation of these initial requests, $50,267 would remain from the amount provided by the Commonwealth. The Police intend to continue to review proposals and will request the appropriation of this residual amount, and any variances resulting from the purchase of the previously detailed projects, later in FY 2020-21. • Public Information: Normal Council Agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 0119 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES FOR THE RECRUITMENT AND 4 RETENTION OF SWORN PERSONNEL AND CRIMINAL 5 JUSTICE REFORM 6 7 WHEREAS, the City received a total of$500,267 from the Commonwealth through 8 the Virginia Department of Criminal Justice Services; 9 10 WHEREAS, the Police Department has recommended appropriation of $450,000 11 at this time for recruitment and retention programs; and 12 13 WHEREAS, the Police Department will bring forward a proposal at a future date 14 for the City Council to appropriate the remaining $50,627 for the recruitment and retention 15 of sworn personnel and criminal justice reform. 16 17 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 18 VIRGINIA THAT: 19 20 $450,000 from the Virginia Department of Criminal Justice Services is hereby 21 accepted and appropriated, with state revenue increased accordingly, to the FY 2020-21 22 Operating Budget of the Police Department for the purchase of software and for 23 professional training and development services. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY Budget and Managemen ervices City A ey's Office CA15316 R-1 February 1, 2021 0 [ I[Lir --1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Police Department for Enhanced Efforts to Address Internet Crimes Against Children MEETING DATE: February 16, 2021 • Background: The Virginia Beach Police Department (VBPD) is an active participant in the Southern Virginia Internet Crimes Against Children (ICAC) Task Force. Funding for this program is distributed by the Virginia Department of Criminal Justice Services to the Southern Virginia ICAC Task Force through the Bedford County Sheriff's Office. The Task Force then awards the money to the VBPD as a sub-recipient. The Southern Virginia ICAC Task Force has informed the VBPD of a $20,000 allocation. This amount is for the rest of FY2020-21 . • Considerations: This grant will fund equipment needed for ICAC investigations; overtime for ICAC related travel, training, or other approved events; and training needed to investigate ICAC cases. The grant period is from January 1, 2021 through June 30, 1 2021. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: d>cf) 1 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE POLICE DEPARTMENT FOR ENHANCED 3 EFFORTS TO ADDRESS INTERNET CRIMES AGAINST 4 CHILDREN 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $20,000 from the Virginia Department of Criminal Justice Services, via the 10 Southern Virginia Internet Crimes Against Children Task Force and the Bedford County 11 Sheriffs Office, is hereby accepted and appropriated, with revenue from the 12 Commonwealth increased accordingly, to the FY 2020-21 Police Department Operating 13 Budget for overtime for Southern Virginia Internet Crime Against Children (ICAC) Task 14 Force related investigations; overtime for ICAC related travel, training, or other approved 15 events; and training needed to investigate ICAC cases. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services City ey's Office CA15313 R-1 January 26, 2021 t. frk CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Four-for-Life Grant Funds to Purchase Additional Equipment and Medical Supplies to Enhance Rescue and Medical Capabilities MEETING DATE: February 16, 2021 • Background: The General Assembly established the Four-for-Life Program for the purpose of providing financial assistance to volunteer rescue squads and municipal Emergency Medical Services (EMS) agencies to fund EMS programs and projects. As required by Virginia Code 46.2-694, the Four-for-Life Program collects an additional four dollars and twenty-five cents from each vehicle registration purchased annually. Twenty-six percent of $4.00 of the $4.25 collected is returned to the municipality where each vehicle was registered. The annual total revenue for this program varies slightly each year depending on the number of vehicles registered. Estimated revenue of $375,000 was included in the Operating Budget of the Department of Eri ict yei iuy Medicai Services. Any su.Nius received requires appropriation prior to being spent. By year-end FY 2019-20, a surplus amount of$26,379.68 was received. • Considerations: Virginia Beach Emergency Medical Services recommends using the surplus Four-for-Life revenues to support training activities and enhance operational readiness of the rescue squads. These funds are strictly limited in the purposes for which they can be spent. Examples of anticipated expenditures include training aids, medical supplies, instructional support, workshops and textbooks. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: /,19 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FOUR- 2 FOR-LIFE GRANT FUNDS TO PURCHASE ADDITIONAL 3 EQUIPMENT AND MEDICAL SUPPLIES TO ENHANCE 4 RESCUE AND MEDICAL CAPABILITIES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 $26,379.68 is hereby accepted from the Virginia Department of Health, Office of 10 Emergency Medical Services, and appropriated, with state revenue increased 11 accordingly, to the FY 2020-21 Operating Budget of the Department of Emergency 12 Medical Services to support rescue squad operations and training. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of a//members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. t Budget., & Management Services _ or 's Office CA15321 R-1 February 2, 2021 r7,ZIC1 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $150,000 from What Works Cities for an Early Childhood Language Development Implementation Grant MEETING DATE: February 16, 2021 Background: The Department of Economic Development, through its GrowSmart program, successfully applied for a What Works Cities and Results for America grant to help plan a program to support early cognitive and language development and improve kindergarten readiness for local children. Last year, GrowSmart received $148,000 funding for the first year's implementation of the program. This is the second year of the grant, and $150,000 in grant funding will be used to implement the continuation and expansion of GrowSmart's Language Environment Analysis program, which includes strength-based parent groups, home visitation services, and professional development for early care and education providers. GrowSmart's existing collaborative partners who offer services to families with children up to age three will receive additional training and technical support to incorporate this innovative talk pedometer/language focus in their work to further strengthen home language environments. GrowSmart's partners will also receive instructional training and materials to embed quality interactions and language focus in the early care and education programs to enhance the talking environments. • Considerations: This grant is the second year of a three-year program that will total $448,000. The year two grant has a local match that is covered by existing funding within the Economic Development Operating Budget. Without this appropriation of grant funding from What Works Cities and Results for America, GrowSmart staff would not be able to implement the additional language focus into the program's early education services. As a result of COVID-19 and multiple service disruptions for families with young children, City staff is seeing an increased need for these supports in the community. This grant funding will support GrowSmart in meeting this need for our youngest residents and families. • Public Information: Normal Council agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Economic Development / GrowSmart City Manager: "✓ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $150,000 FROM WHAT WORKS CITIES FOR AN 3 EARLY CHILDHOOD LANGUAGE DEVELOPMENT 4 IMPLEMENTATION GRANT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $150,000 is hereby accepted from What Works Cities and appropriated, with 10 miscellaneous grant revenue increased accordingly, to the FY 2020-21 Operating Budget 11 of the Department of Economic Development for an early childhood language 12 development implementation grant, which is year two of the grant. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B\dget and Management Services City A om 's Office CA15318 R-1 February 1, 2021 ( mow. h. 1°( 's; CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Emergency Management to the Office of Emergency Management for Outreach to Vulnerable Populations and to Authorize a Local Match MEETING DATE: February 16, 2021 • Background: The City has been awarded $74,804 from the Virginia Department of Emergency Management from the FY 2019-20 Federal Emergency Management Performance Grant Supplemental Program. The objective of this grant program is to provide funds to emergency management agencies to assist in their response to the COVID-19 public health emergency in support of the health equity initiative for vulnerable populations. This grant will be used to create and distribute outreach materials and to provide transportation to COVID-19 vaccination locations for vulnerable populations identified by the health equity initiative in collaboration with the Virginia Department of Health. • Considerations: The total grant amount is $149,608, with a City match requirement of $74,804. i ihis ►iiaikih is d suil 'maid' which wiii u�;;;�� ok—rating accounts in the Office of Emergency Management's Operating Budget. The end of the program period is October 9, 2021. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of Emergency Management City Manager: p19 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE OFFICE OF EMERGENCY 4 MANAGEMENT FOR OUTREACH TO VULNERABLE 5 POPULATIONS AND TO AUTHORIZE A LOCAL MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $74,804 is hereby accepted from the Virginia Department of Emergency 11 Management and appropriated, with federal revenues increased accordingly, to 12 the Operating Budget of the Office of Emergency Management for expenses 13 related to outreach to vulnerable populations in support of COVID-19 vaccinations 14 and other health equity initiatives. 15 16 2. A local match from existing resources is hereby authorized. Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY. CbW t ,1 -__ Budget and Management Services City tto y's Office CA15323 R-1 February 3, 2021 c �Nu eel U CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Transfer Funds from Debt Service in the General Fund of the FY 2020-21 Operating Budget to the Department of Voter Registration and Elections to Cover Expenses MEETING DATE: February 16, 2021 • Background: The Department of Voter Registration and Elections is requesting a transfer in the amount of $800,000 to cover unanticipated expenses in FY 2020-21. These include additional costs absorbed related to the 2020 Presidential Election and anticipated costs associated with a recent special election and the 2021 June Primary Election. While the department received $201 ,803 in funding from the CARES Act, this was not sufficient to cover the extra costs associated with administering the election. These funds were only allowed to be expended for costs that would not have otherwise been incurred but for the impacts of COVID-19. The source of funds for this proposed transfer is Debt Service in the General Fund. Following a recent PFRB sale where interest rates were at historically low levels, there is capacity within budgeted debt service for this transfer. • Considerations: The Code of Virginia requires localities to pay the cost of elections. In some instances, the General Assembly provides additional funding to assist localities in paying such expenses. However, in the current fiscal year, the Department of Voter Registration and Elections has borne substantial additional costs in the administration of elections both in terms of additional labor related to the scheduled elections and the requirement to undertake special elections and primary elections. Of the requested amount, $300,000 will be used to pay elections officials, $300,000 will be allocated toward personnel costs for the remainder of FY 2020-21, and $200,000 will be used to cover operating costs for the remainder of FY 2020-21, including the estimated costs associated with the June Primary Election. • Public Information: Public information will be provided through the normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registration and Elections City Manager: 1 AN ORDINANCE TO TRANSFER FUNDS FROM DEBT 2 SERVICE IN THE GENERAL FUND OF THE FY 2020-21 3 OPERATING BUDGET TO THE DEPARTMENT OF VOTER 4 REGISTRATION AND ELECTIONS TO COVER EXPENSES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $800,000 is hereby transferred from Debt Service in the General Fund of the FY 10 2020-21 Operating Budget to the Department of Voter Registration & Elections FY 2020- 11 2021 Operating Budget to pay for expenses related to election administration and 12 estimated costs of the June 2021 Primary Election. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget an Management Services City ey's Office CA15325 R-2 February 5, 2021 H. PLANNING 1. WOODHOUSE LIMITED PARTNERSHIP for a Variance to Section 4.4(b) of the Subdivision Regulations re minimum lot width and street line frontage requirements at 1805 Estates Court DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. BOAZ BENJAMIN BROTHERS for a Variance to Section 4.4(b) of the Subdivision Regulations re combine three (3) existing parcels into one (1) lot at 1944 Pleasant Ridge Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. THOMAS A. BROWN for a Variance to Section 4.4(b & d) of the Subdivision Regulations re direct access to a public street and street line frontage requirements at 2888 Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. MICHAEL & FELICIA JULIANO for a Street Closure re 7.5 foot by 50-foot portion of an unimproved alley adjacent to 804 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. FIVE POINTS, LLC for a Modification of Proffers re install drive-through aisle and small retaining wall at 2005 Lynnhaven Parkway DISTRICT 3 —ROSE HALL (Approved February 27, 1996) RECOMMENDATION: APPROVAL 6. ST.JOHN THE APOSTLE CATHOLIC CHURCH & SCHOOL/THE ROMAN CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions re religious use and private school at 1968 Sandbridge Road DISTRICT 7—PRINCESS ANNE (Approved August 24, 1993) RECOMMENDATION: APPROVAL 7. WILSON R. BALLANCE,JR., for a Conditional Change of Zoning from AG-2 Agricultural District to Conditional R-5D Residential District re create two (2) single family building lots at 621 Dam Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 8. OLD DAM NECK,LLC/ FRANCES G. WILLIS,WILLIAM E. GILBERT, BONNIE J. GARRETT, CATHERINE D. MEREDITH,AND JOHN J.WEINBRECHT,JR., for a Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-2 Community Business District and a Conditional Use Permit re mini warehouse at 1081, 1087, 1089 Old Dam Neck Road and an adjacent parcel West of 1089 Old Dam Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 9. WILLIAM T. & CAROLYN DALE WEEMS for a Conditional Use Permit re outdoor recreation facility at 1420 Claudia Drive DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 10. ASIA MITCHELL/TOUZOS FAMILY, LP for a Conditional Use Permit re beauty salon at 4654 Haygood Road, Suite D DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 11. XPERT SERVICES, LLC/VB INVESTMENTS, LLC for a Conditional Use Permit re car wash facility at 4937 Broad Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 12. VERDAD REAL ESTATE & CONSTRUCTION/ SRGS, LLC, PENNY R. PITTS REVOCABLE LIVING TRUST, & ADAMS OUTDOOR LIMITED PARTNERSHIP for a Conditional Use Permit re automobile service station at 4493 Shore Drive DISTRICT 4 —BAYSIDE RECOMMENDATION: APPROVAL 13. BRANT FELDMAN for a Conditional Use Permit re outdoor recreation facility (skateboard ramp) at 1708 River Court DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 14. JANICE HART for a Conditional Use Permit re home-based wildlife rehabilitation facility at 1203 Gunn Hall Drive DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 15. HOME DEPOT, U.S.A., INC. for Conditional Use Permits re bulk storage yard, and truck & trailer rentals at 2324 Elson Green Avenue DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 16. CITY OF VIRGINIA BEACH—Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the Virginia Beach Active Transportation Plan 2021 to supersede the Virginia Beach Bikeways and Trails Plan 2011 and AMEND Section 2.1 re active transportation RECOMMENDATION: APPROVAL f,‘ . lib) ezt3z,....:. ii, .._ .. t..:,,:.:..,-, NOTICE OF PUBLIC HEARING In accordance with Virginia Code§2.2-3708.2,Virginia Code § 15.2-1413 and the City's Continuity of Government Ordinance adopted on September 15,2020,and Chapter 1289 of the 2020 Acts of Assembly as amended,a Virtual Public Hearing of the Virginia Beach City Council will be held on Tuesday,February 16,2021 at 6:00 p.m.This public hearing will be held by electronic communication means.All interested parties are invited to participate by following the two-step process provided below.Due to the ongoing Covid-19 Pandemic,please check our website at www.vbgov.com/pc for the most updated meeting information. The following requests are scheduled to be heard: IXTY OF VIRGINIAOFVIRGINIA B E-An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan the Virginia Beach Active Transportation Plan 2021 which will supersede the Virginia Beach Bikeways and Trails Plan 2011 and to Amend Section 2.1(Master Transportation Plan)and text pertaining to Active Transportation. Wilson R.Ballance,Jr(Applicant&Property Owner)Conditional Rezoning(AG-2 Agricultural District to Conditional R-5D Residential District)Address:621 Dam Neck Road GPIN(s):2425250061 Council District Princess Anne Michael & Felicia Juliano (Applicants & Property Owners) Street Closure Address: 7.5-foot by 50-foot portion of an unimproved alley adjacent to 804 Vanderbilt Avenue GPIN(s):Adjacent to 2426377899 Council District Beach Janice Hart(Applicant&Property Owner)Conditional Use Permit(Home-Based Wildlife Rehabilitation Facility)Address: 1203 Gunn Hall Drive GPIN(s):2415418733 Council Distik,L Princess Anne St.John the Apostle Catholic Church and School(Applicant)The Roman Catholic Diocese of Richmond(Property Owner) Modification of Conditions(Religious Use and Private School)Address:1968 Sandbridge Road GPIN(s):2414325261 Council District Princess Anne William T.&Carolyn Dale Weems(Applicants&Property Owners)Conditional Use Permit(Outdoor Recreation Facility) Address:1420 Claudia Drive GPIN(s):1479114730 Council District Bayside Asia Mitchell(Applicant)Touzos Family LP(Property Owner)Conditional Use Permit(Beauty Salon)Address:4654 Haygood Road,Suite D GPIN(s):1478368597 Council District Bayside Old Dam Neck,LLC(Applicant)Old Dam Neck,LLC,Frances G.Willis,William E.Gilbert,Bonnie J.Garrett,Catherine D. Meredith,&John J.Weinbrecht,Jr.(Property Owners)Conditional Rezoning(AG-2 Agricultural District to Conditional B-2 Community Business District)Conditional Use Permit(Mini-Warehouse)Add resses:1081,1087,1089 Old Dam Neck Road &adjacent parcel west of 1089 Old Dam Neck Road GPIN(s):2415540866,2415541885,2415543854 Council District Princess Anne Woodhouse Limited Partnership(Applicant& Property Owner)Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Address:1805 Estates Court GPIN(s):1499145390 Council District Lynnhaven Xpert Services,LLC(Applicant)VB Investments,LLC(Property Owner)Conditional Use Permit(Car Wash Facility)Address: 4937 Broad Street GPIN(s):1477055792 Council District Bayside Home Depot,U.S.A.,Inc.(Applicant&Property Owner)Conditional Use Permits(Bulk Storage Yard&Truck&Trailer Rentals) Address:2324 Elson Green Avenue GPIN(s):2414159035 Council District Princess Anne Five Points, LLC(Applicant& Property Owner) Modification of Proffers Address: 2005 Lynnhaven Parkway GPIN(s): 1475977081 Council District Rose Hall Brant Feldman(Applicant&Property Owner)Conditional Use Permit(Outdoor Recreation Facility)Address:1708 River Court GPIN(s):1499402453 Council District Lynnhaven Verdad Real Estate&Construction(Applicant)SRGS,LLC,Penny R.Pitts Revocable Living Trust,&Adams Outdoor Limited Partnership(Property Owners)Conditional Use Permit(Automobile Service Station)Address:4493 Shore Drive GPIN(s): 1479678256,1479679311,1479770345 Council District Bayside Boaz Benjamin Brothers(Applicant&Property Owner)Subdivision Variance(Section 4.4(b)of the Subdivision Regulations) Address:1944 Pleasant Ridge Road GPIN(s):2412111118,2412100959 Council District Princess Anne Thomas A.Brown(Applicant&Property Owner)Subdivision Variance(Section 4.4(b,d)of the Subdivision Regulations) Address:2888 Indian River Road GPIN(s):1493348082,1493440216 Council District:Princess Anne If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: httos://vbeov.webex.com/vbeov/onstaa./e.oho?MTID=e29d064d125ece05edbce2ede392dd192 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at aBarnestvbgov.com prior to 5:00 p.m.on February 16,2021. Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500, Virginia Beach, VA 23452 or online at www.vbgov.com/pc.For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757- 385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 forTDD service.The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON- JANUARY 31,2021&FEBRUARY 7,2021-1 TIME EACH Y „, a.) / artin 7,1".1, ,,A , u_ coo / - ...v. 5 1 @ Z 1. _ , taL•0 \ * DX6 0 - 41. • tb •• 41* rk, ,.., i r Lo o e LLII 09 Pr , 0 I # 0 .4. co ►. ______ 'ii 7 dp, li,fie , #4011 *11 --.) o J � frr° 4*F- 4ilt o , ,...._ _40 ,_ ,,.... .,,,, „ •,, , *frfr• ' i I ,- AN ° . 0 #i*, \ c t ; (*),- , .. \ ,i. .i,3 N cL . -. (,) 0, cp 4fk a) N. 0 eoF pip*V ': ,4 '. 'N ill , ,;1, / .„,, ,s os), ,„ - 4. . 0 , , / ,,,....„,_-____\ ,., ,:, Az, s, \ CD Lo ' ?'Ca/ 11- 0-\ -a L., Alk 401.. - o 1 ' / \`'s ' v. /o'k ` ' a / cn w U Q u_ i c W o 0 z o Q a ir:____..---- a) _ m c zl °- .c � Q Q in N m Cce a0 0 o k I (AA\ , 'iit� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WOODHOUSE LIMITED PARTNERSHIP [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 1805 Estates Court (GPIN 1499145390). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: February 16, 2021 • Background: Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The original Woodhouse estate contained approximately 106 acres of land. In 1950, the land was platted into three lots (38 acres, 24 acres, and 44 acres). The 44-acre lot, including the boundary of this project site, was further subdivided in 2004 to create 26 new residential lots, leaving the 8.34-acre lot, 5.20 acres of which is located above water, marsh, floodplain, and wetlands, remaining that contained the original Woodhouse residence. The residence was demolished in 2019 in anticipation of new residential development on the property. The applicant seeks a Subdivision Variance to create three residential lots, each with 13.23 feet of lot width and street line frontage, where the required standards are 125 feet for lot width and 15 feet for street line frontage for properties zoned R-40 Residential District. Woodhouse Limited Partnership Page 2 of 3 In October of 2020, the Chesapeake Bay Preservation Area Board (CBPA) Board approved the applicant's request for encroachment into the buffer for three residential lots and conditioned that all development will be located outside of the 100-foot Resource Protection Area (RPA) buffer. A shared driveway is proposed for all three lots and plantings are proposed along the western side of the driveway and a portion of the northern boundary line of the proposed Lot 3 to screen the development from the adjacent lots. • Considerations: All development on these lots will be located outside of the 100-foot RPA buffer. The proposed residential lots will be compatible in size and use with the development pattern in this area and as conditioned, the waterfront lots will be developed with high quality materials and architectural styles that will enhance the existing character of the community. The existing lot has a physical characteristic which is unique to this property in this subdivision where, though the frontage is limited, the proposed lots sizes exceed the minimum requirement of 40,000 square feet. 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. A letter of support was received for this request. • Recommendation: On January 13, 2021 , the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 10-0. 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Conceptual Site Layout Plan of 1805 Estates Court, Virginia Beach, Virginia," and prepared by Orbis Landscape Architecture, dated October 26, 2020, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. Prior to the issuance of the Certificate of Occupancy, the applicant/property owner shall install the plant material as depicted on the exhibit entitled "Conceptual Site Layout Plan of 1805 Estates Court, Virginia Beach, Virginia," and prepared by Orbis Landscape Architecture, dated October 26, 2020, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. When the property is developed, the residential dwellings constructed shall vary in size and design and shall be of high quality materials and architectural features that are compatible with the surrounding development, as determined by the Planning Director. Woodhouse Limited Partnership Page 3 of 3 4. There shall be one shared driveway to access all three proposed residences. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department e City Manager: fi Applicant Woodhouse Limited Partnership Agenda Item Planning Commission Public Hearing January 13, 2021 City Council Election District Lynnhaven City q/ 12 Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 4 Island Lane Adam Keeling Road Staff Recommendation jeliP /- j . )\,\ Approval rde�,a Pp ' Staff Planner t Hoa N. Dao ,- Location ,._ 1805 Estates Court GPIN 1499145390 Nk Site Size it. r 8.34 acres (5.20 acres above water, marsh, floodplain, &wetlands) AICUZ Less than 65 dB DNL Watershed Chesapeake Bay � Existing Land Use and Zoning District : •" :0 s_ •f ` � Vacant/R-40 ResidentialH 1� w , 7 ., r w o% ;' Surrounding Land Uses and Zoning Districts I el ;ram ;,►yam, sn`e •, z`"t North , 1 tj . ,� 4� e,,,t • '-1 � `� S Single-family dwellings / R-40 Residential 2"`.„ ", • South • `�•;. -�- c , Lynnhaven Bay { East e. Single-family dwellings/ R-40 ResidentialIr` OP ", West Single-family dwellings/R-40 Residential $ 4 •'k4,�(R C" Woodhouse Limited Partnership Agenda Item 12 Page 1 Background & Summary of Proposal • The applicant seeks a Subdivision Variance to create three residential lots that are below the minimum lot width and street line frontage requirements for properties zoned R-40 Residential District. • The original Woodhouse estate contained approximately 106 acres of land. In 1950, Robert W. Woodhouse platted the land into three lots (38 acres, 24 acres, and 44 acres)for his three children.The 44-acre lot, including the boundary of this project site, was further subdivided in 2004 to create 26 new residential lots, leaving the 8.34-acre lot remaining that contained the original Woodhouse residence. The residence was demolished in 2019 in anticipation of new residential development on the property. • The subject 8.34-acre lot, 5.20 acres of which is located above water, marsh,floodplain, and wetlands, is owned by a joint partnership comprised of three generations of Woodhouses.The family seeks to subdivide the land into three lots that will meet the minimum lot size standards but not the required lot width or street line frontage. • As the property abuts the Lynnhaven Bay, a request was submitted to the Chesapeake Bay Preservation Area Board (CBPA)for encroachment into the buffer for four residential lots. The CBPA Board approved a reduction of the original request to just encroachment for development associated with three lots. All proposed development will be located outside of the 100-foot Resource Protection Area (RPA) buffer. • As shown on the Conceptual Site Layout Plan, a shared driveway is proposed. Evergreen plantings are depicted along the western side of the driveway and a portion of the northern boundary line of the proposed Lot 3 to screen the development from the adjacent lots. Required Lot Width Required Street Line Proposed Lot Width and Proposed Landward Lot Proposed Lot (acre) R-40(feet) Frontage in R-40(feet) Street Line Frontage(feet) Area( ) Lot 1 125 15 13.26 1.93 Lot 2 125 15 13.26 1.45 Lot 3 125 15 13.26 1.82 \1 / (7- -- v ___7l' --. I;: Wtr t g a S:� .(?.1?,:,-' '4 - * V Zoning History QY / # Request �, ✓4., 1 CUP(Non-Commercial Community Pier)Approved 03/09/2010 •/ ' 2 SVR(Sections 4.1(m),4.4(b), 5.5(a&b))Approved C i 02/25/1997 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 Woodhouse Limited Partnership Agenda Item 12 Page 2 Evaluation & Recommendation Staff finds the proposal to be consistent with the principles of the Comprehensive Plan for the Suburban Area. The proposed residential lots will be compatible in size and use with the development pattern in this area and the waterfront lots will be developed with high quality materials and architectural styles that will enhance the existing character of the community. As stated earlier,the CBPA variance requires all development on these lots be located outside of the 100-foot RPA buffer. While not required,the applicant agrees with Staff's recommendation to install evergreen plantings along the western side of the driveway and along the northern boundary line of the proposed Lot 3 to mitigate noise impacts and to screen the proposed development from the adjacent residences. Since the applicant does not plan to develop these lots but intends to sell the lots as vacant land for others to develop,exterior building elevations were not requested nor submitted.To ensure that the development of these lots will be unique and compatible with the character of the surrounding community, Condition 3 is recommended which requires materials consistent with the existing surrounding development. Based on the considerations described above, Staff recommends approval of the request, subject to the conditions listed below. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning& Community Development prior to recordation,which shall be in substantial conformance to the submitted plat exhibit entitled "Conceptual Site Layout Plan of 1805 Estates Court,Virginia Beach,Virginia," and prepared by Orbis Landscape Architecture, dated October 26, 2020, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. Prior to the issuance of the Certificate of Occupancy,the applicant/property owner shall install the plant material as depicted on the exhibit entitled "Conceptual Site Layout Plan of 1805 Estates Court,Virginia Beach,Virginia," and prepared by Orbis Landscape Architecture, dated October 26, 2020, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. When the property is developed, the residential dwellings constructed shall vary in size and design and shall be of high quality materials and architectural features that are compatible with the surrounding development, as determined by the Planning Director. 4. There shall be one shared driveway to access all three proposed residences. 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. Woodhouse Limited Partnership Agenda Item 12 Page 3 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 a careful mix of land uses and compatible infill development, site and building design that is visually interesting, encourages greater social interaction and provides a memorable character, improved mobility, and promotes sustainability and responsive action to changes in our environment. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Zoning 2—10 ADT Estates Court No Data Available Proposed Land Use 2—30 ADT 1 as defined by existing one 2 as defined by three single- residential lot family dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Estates Court is a two-lane undivided local street.There are no roadway CIP projects slated for this area. Public Utility Impacts Water There is an four-inch City water main along Estates Court available for connection. Sewer There is an eight-inch City sanitary sewer gravity main along Estates Courts available for connection. Public Outreach Information Planning Commission • One letter of support has been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 14, 2020. Woodhouse Limited Partnership Agenda Item 12 Page 4 • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 27, 2020 and January 3, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 28, 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 January 7, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 1, 2021 • 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 February 12, 2021. Woodhouse Limited Partnership Agenda Item 12 Page 5 Proposed Site Layout 411 I (!) liiir <� t --...4 — - / sl /, cc m . --if 1 Air ' N / r5i 4141;1 \.."0„, ,-!' . t i it II til 11 1 k 11 I ' --1 cri --: 'i /r 1 , /,` ; ' --'s'N'N,,,,,:,.. .' t ! xs o rI Ig Nr m e 1 U IY L— - J ni / 0 L' V +4 p 's 4s5 Q 0 _ ! i 1! 1 ! 0 11a C i. / F I— s; ,'.i� 1 K p ! ;. 1s e z } EF 9 m i'--" t Q u d l j 0 > w n5 9 o Q Q > o w -, lam F DI O Z r U 1 Woodhouse Limited Partnership Agenda Item 12 Page 6 4 Site Photos '4,iit'ii,.;10fl., i;1 i , F I1 �4",,\ viii%1 �` is ^ 9f, � , Es ,Nil , pr Are— [4' f i' ..A` Fmk .,... :ate^- "�" 4� 0. 1 , 5.r4 xt ,�� ' I -•' 4. i^t^� 3 s E 1 '-'17. r'.--:rlt'-V:-':,,.::'7'i''..-',.1.-- ,,,,,i_4_ . . qv_ ,... P V 3 t � � - ' , :A- —'.I ,,,,,Ilitilill r ,,i,,,•,,,,,J},,,,,..__.., x)%" - Flip. r 4 S S .0 Woodhouse Limited Partnership Agenda Item 12 Page 7 Site Photo .��� k ' Va vs ,•A yf. 'i ' r - .- j - • a .ate°' " "d aq . am. ' '. ..";' f Yla A �A h a ar i y- .+ -$ ;.;- tV4ie t ,�t�x«t. _.c aw 'ev�< t' p �Sa , iiiti .by ti.,•`�'....,.,..-vet,..: _ .�'c... � B1L. '�t r...v"''.� i+,�}''�rss.}�.a3 '31s1 Woodhouse Limited Partnership Agenda Item 12 Page 8 Disclosure Statement Disclosure Statement Ni13 City of t'ugmn Dwell Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Woodhouse Limited Partnership Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. Les Watson,Wolcott Rivers Gates Attorneys at Law Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? I Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Robert W.Woodhouse(Co-General Partner),Sarah W.Woodhouse(Co-General Partner),Sarah E.Woodhouse,Robert M. Woodhouse,Amanda Orchowsky,Andrew Orchowsky,Lou Woodhouse • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) N/A "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. -"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Woodhouse Limited Partnership Agenda Item 12 Page 9 Disclosure Statement Disclosure Statement Vi3 City f Virginia Balch Planning&Commu • Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes III No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes • No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ®Yes ❑ No • If yes,identify the real estate broker/realtor. Rebecca Watkins,Wainwright Real Estate 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?•Yes ❑ No • If yes,identify the firm or individual providing the service. Bourdow,Bowen&Ellis,PC(Midlothian,VA) 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?IF Yes 0 No • If yes,identify the firm or individual providing the service. Orbis Landscape Architecture(Land Architecture/Planning) 5. Is there any other pending or proposed purchaser of the subject property?❑Yes II No • If yes,identify the purchaser and purchaser's service providers. 21 Woodhouse Limited Partnership Agenda Item 12 Page 10 Disclosure Statement Disclosure Statement C ir,uft5ryinr�ritta�` Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the engineer/surveyor/agent. MSA,P.C.(Engineer,Surveyor) 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?MI Yes 0 No • If yes,identify the name of the attorney or firm providing legal services. Les Watson-Wolcott Rivers Gates Attorneys Applicant Signature certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ,fit • c atralf`-tOagAVIVA� Applicant Signature Toble.rt W Woo dho E'�C-0--r ne-r t t r-t er) ,h Vo(Xh ok- - Corall Print Name and Title I�I� z� ^ /C��2 / Zc- — Date Is the applicant also the owner of the subject property? ■Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ElNo changes as of Date 01.28.2021 Signatur e Print Name Hoa N. Dao Woodhouse Limited Partnership Agenda Item 12 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Woodhouse Limited Partnership Agenda Item 12 Page 12 Items # 12 Woodhouse Limited Partnership [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 1805 Estates Court January 13, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Our next order of business is the Consent Agenda, which the Vice Chair will take over. Mr. Wall: Okay, thank you Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Application number 1 , 4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with an amended condition or with an added condition concerning forested buffer. The Planning Commission also 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 supports the applications, and there are no speakers signed up to comment. These include agenda items number 21, 23, 25, 26, and 27. Mr. Weiner: Thank you Commissioner Wall. Can I get a motion to approve the items on consent, please. Mr. Wall: I make a motion that these items be approved by consent. Ms. Klein: Second. 1 Mr. Weiner: Okay. I got a approval by Commissioner Wall and a second by Ms. Klein, ready for vote. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: Vice Chair Wall. Mr. Wall: Yes. Ms. Coleman: And, Chairman Weiner. 2 Mr. Weiner: Yes. Ms. Coleman: By record vote of 10 for and zero against, agenda items 1,4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with the added condition for the 20- foot buffer. 21, 23, 25, 26, and 27 have been approved on the Consent Agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Conceptual Site Layout Plan of 1805 Estates Court, Virginia Beach, Virginia," and prepared by Orbis Landscape Architecture, dated October 26, 2020, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. Prior to the issuance of the Certificate of Occupancy, the applicant/property owner shall install the plant material as depicted on the exhibit entitled "Conceptual Site Layout Plan of 1805 Estates Court, Virginia Beach, Virginia," and prepared by Orbis Landscape Architecture, dated October 26, 2020, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. When the property is developed, the residential dwellings constructed shall vary in size and design and shall be of high quality materials and 3 architectural features that are compatible with the surrounding development, as determined by the Planning Director. 4. There shall be one shared driveway to access all three proposed residences. 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 Original Message--- From: debbiekazakis(a�aol.com To: wpdr6001(c.verizon.net<wpdr6001(averizon.net> Sent: Mon, 11 Jan 2021 6:48 Subject: Woodhouse Farm To Whom It May Concern, I live in the Great Neck Point neighborhood at 2901 Gaines Landing, Virginia Beach, Va 23454. I support the approximate 10 acres of the Woodhouse farm at 1805 Estates Court, Virginia Beach, Va 23454 on being divided into 3 residential lots of approximate 2.78 acres each lot. Sincerely, Debra Kazakis a) N a� (eZ Z o . Or Li . /�j; v 00 N M c 0) 0r Oarlithil07 N II ar,„_. __ / , 0 Olir' l co ge- 0 ' -'-)0C:i Io o o ao D tar 'a iiir I illy , 8 cn m a) O QIOR tCe r2 0) ilift°*."1"°"1164"suissm.et 14 N m -0 / itioh,_ 94,„\N—t // (4?----- )----e__ _ E +6' --m,1 ---4: , lo No., co co -1/4. \O , ..\, \17/a""'II"' IF \ •—. __I. / /,,----------__N c re N U a d a' A Lu CC O OD F Z Q I CC QQ� I � c Za •- ° o =/ ° -a ---/ U) N CO / 0 ' [11 I y [i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BOAZ BENJAMIN BROTHERS [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 1944 Pleasant Ridge Road (GPINs 2412100959, 2412111118). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: February 16, 2021 • Background: Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The applicant seeks a Subdivision Variance request to combine the three existing parcels into a single 1.32-acre lot, to be called "Lot A". The three subject parcels, which total 1.32 acres, are zoned AG-2 Agricultural District in the southern part of Virginia Beach. Development of the parcels is currently limited to just the legally recorded, 10,000 square foot lot, as it is the only property of the three that has been legally established. The proposed lot with 124.5 feet lot width would not be able to meet the minimum 150 feet lot width requirement for property zoned AG-2 Agricultural District. This 124.5 feet width would be an increase in width over any of the three existing parcels, however, lots that do not meet the minimum dimensional standards may only be resubdivided by right when all lots involved have been legally created. Therefore, the need for the subdivision variance arises from combining the legally created lot with the two improperly created lots to create a lot with substandard lot width. Boaz Benjamin Brothers Page 2 of 2 • Considerations: None of the existing three parcels currently meet the minimum one-acre lot size nor the 150-foot lot width requirements of the AG-2 Agricultural Zoning District. This proposal would create a 1.32-acre lot, thereby meeting the minimum lot area and density requirements; and eliminates the two parcels which were not legally created, allowing the applicant to better utilize the entirety of the 1.32 acres. The decrease in density of parcels would furthermore reflect the Comprehensive Plan's vision for the Rural Area by limiting new growth and thus preserving the existing rural character. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On January 13, 2021, the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 10-0. 1 . The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Resubdivision of Property of Boaz Benjamin Brothers", dated August 10, 2020, and prepared by WPL Site Design, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 01\-. Applicant & Property Owner Boaz Benjamin Brothers Agenda Item Planning Commission Public Hearing January 13, 2021 City Council Election District Princess Anne 19 cnyof Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Recommendation Approval Staff Planner Aubrey A.Trebilcock k ^f R Location kfsr.Rqi� 1944 Pleasant Ridge Road GPIN 24121111180000 Site Size 1.32 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/AG-2 Agricultural e ; Surrounding Land Uses and Zoning Districts North Single-family dwelling /AG-2 Agricultural South • . jam Pleasant Ridge Road P 1! Single-family dwellings/ B-2 Community ct. R' . . Business&AG-2 Agricultural ,�, � East " ,'„/'. 4 Princess Anne Road �`� ' h �r • Single-family dwellings, cultivated fields/AG-2 Agricultural West Access to agricultural properties, woods/AG-2 Agricultural Boaz Benjamin Brothers Agenda Item 19 Page 1 Background & Summary of Proposal • The three subject parcels,which total 1.32 acres, are zoned AG-2 Agricultural District in the southern part of Virginia Beach. The applicant is proposing to resubdivide the three existing parcels into a single 1.32-acre lot, "Lot A". One single-family dwelling is present on the 41,780 square foot parcel described on the submitted plat exhibit as "Property of Boaz Benjamin Brothers & 12' R/W", while the other two lots are currently vacant. • The 10,251 square foot lot described on the submitted plat exhibit as "Property of Boaz Benjamin Brothers"was legally created by plat in Map Book 50, Page 46 in 1960. The 41,780 square foot parcel described on the submitted plat exhibit as "Property of Boaz Benjamin Brothers& 12' R/W" and the 5,508 square foot "Parcel A"were improperly created by deed in Deed Book 701, Page 562 in 1961. At that time, properties were required to be recorded with a plat rather than by deed. Based on this, a Subdivision Variance is required in order to combine the two improperly created lots with the third, adjacent lot. • Development of the parcels with a residential use is limited to just the legally recorded, 10,251 square foot lot, as it is the only property that has been legally established. The proposed resubdivision would allow the applicant to make full use of the 1.32 acres that they currently own. • In the AG-2 Agricultural District,the minimum lot width is 150 feet. Proposed Lot A will only have a lot width of 124.5 feet, also creating the need for the Subdivision Variance. Required Lot Proposed Lot Width Existing Lot Proposed Lot Required Lot Area Proposed Lot Area Width(feet) Width (feet) (acre) (acre) in AG-2(feet) Lot A 150 12 124.5 1 1.32 _ AG-1 / LI Oq c i Zoning History o / # Request c.:::.)it 1 SVR(Lot Area&Width Reduction)Approved 05/08/2007 C30 0,-.-- , -.,,.,,., . I --3 /.ii .1''—'; LAwe?-�o ,C:;/ 1 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 CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Boaz Benjamin Brothers Agenda Item 19 Page 2 Evaluation & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Section 4.4(b) of the Subdivision Regulations states: "Existing lots which fail to conform to present applicable zoning regulations may also be resubdivided to less than current minimum zoning standards where the following apply: 1. The existing lots have been legally created 2. The resulting lots conform to applicable requirements in each respect that the existing lots conform, and in those respects that the existing lots do not conform, no greater degree of nonconformity than that already present would result. By this standard,the 124.5-foot lot width of proposed Lot A will satisfy point#2 above, as it does not increase the degree of nonconformity in regard to the width. However, point#1 requires that all existing lots be legally created. As the "Property of Boaz Benjamin Brothers & 12' R/W" and "Parcel A" were improperly created by deed, rather than by a subdivision plat, a Subdivision Variance is required. In addition, all new parcels are obligated to meet all requirements of the Zoning Ordinance. As the required lot width cannot be met, a variance to the lot width is also necessary. None of the existing three parcels currently meet the minimum one-acre lot size nor the 150-foot lot width requirements of the AG-2 Agricultural Zoning District.This resubdivision proposal would create a 1.32-acre lot,thereby meeting the minimum lot area and density requirements; and eliminates the two parcels which were not legally created, allowing the applicant to better utilize the entirety of the 1.32 acres. The decrease in density of parcels would furthermore reflect the Comprehensive Plan's vision for the Rural Area by limiting new growth and thus preserving the existing rural character. As the proposal would result in a lot that is closer to conforming with the Zoning Ordinance than any of the individual existing parcels, and also reflects the values of the Rural Area as defined by the Comprehensive Plan, Staff recommends approval of the request. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning& Community Development prior to recordation,which shall be in substantial conformance to the submitted plat exhibit entitled "Resubdivision of Property of Boaz Benjamin Brothers", dated Boaz Benjamin Brothers Agenda Item 19 Page 3 August 10,2020, and prepared by WPL Site Design, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as part of the Rural Area.The vision for the Rural Area is for it to remain rural into the foreseeable future through a commitment to strong planning objectives that emphasize its agricultural and environmental economic value, in an effort to preserve the area for future generations.This includes directing new growth into the Urban and Suburban areas while reinforcing rural heritage and way of life,sustaining natural resources for future generations,and managing rural area development and design. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Public Utility Impacts Water City water is not available to the property. Health Department approval is required for a private well. Sewer City sanitary sewer is not available to the property. Health Department approval is required for a septic system. Boaz Benjamin Brothers Agenda Item 19 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on December 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 27, 2020 and January 3, 2021. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 28, 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 January 7, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 1, 2021 • 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 February 12, 2021. Boaz Benjamin Brothers Agenda Item 19 Page 5 Existing Site Layout I 1 N \ \\ I MICFMEL R.R. MEIGGS •, • N1) (0.B 1991.PG 600) • \\\ 1 PARCEL 2 \ \)„.... ( 1 (MS 137.PG. 34) \\1(N 2013t 1120O1328170) At J 421..54.70 'f L GPM: 2412-10-2936 '� `� /�?II, 0906 1 r' S 7.rJ251'F " \ 125.95• _1 ' 40 mum/EAS[32N1j 1 (MA 137,PG 34) 1 1 1 1 1 1 1 1 1 I 1 I 1d DRANK/Lamm 1 1 Oil 137.PG 34) I I I I I 1r +I it....\....L___ r. +d I 1 I 1 I NAM m eaesvtaxs; 1 I •tam Mow I M N+smmolstm) h •R. 1 1 1 1 N/P w -.I 1 N1 RAY WAGS LOT A 'Al 1 1 1154R0 WOGS 1so92e&0009+2400) 41,780 sq ft o f I 9 Dt OLD NORPCtx 1 RN RAILRGAO R/11 ° j 1 .434.PG 245) 1 I 2412-11-1747 $ PROPORY Or I I I NOV 104.4140 POMP 1 I (0S 701.PG.562) -1 I 1 w (66 1291.PC.5N) 2412-11-1116 I I I o I 1 1 I N/F 11 I No4,4E1 R I()CGS $1 1 (0.9. 1941.PC. 600) 1 _ NI I PARCEL 2 1 ^! 1 (119 137.PC 34) (64. 20131112301329170) t WNW N 14•031D N 1 1 i GP6 2412-10-2936 /. ^---001X 45 7-22»---,, 1 1 1 1 1 - ,,, 1 1 I ;1+81iii% r, 1 1 HEREBY 1MU'.. 1 1 I ROOT(cP PrR�L s ( i 1 - 'jAf!mow 6M9ne !�.6 121' DM 50.PG 16) •.r I I 1 1 �• I 1 I I 1 ., AMFit N firer DCG-- — ro , I I 7'Pt O'1r or Wow er.AcN 1 10,251 1 1 P�.A1ri0-or s q ft I I P orts(Sala sb n. off 5,508 1 1 0012 ACRES) Pi `M ft I AT PRINCESS NHR0 I I (119. 10.PG. 53) q IN: J.420.906.56 (M.B. 140.PG. 42)-- / IP 12.211.11673 1 N `e, . ` ?1 ,0 00. e� .. t- • N 112709'I' /' 10.00• l PLEASANT RIDGE ROAD (SO'A ✓ARtM8L *ON R/V)(NO 29. PG 46)0I.B. 50. PG. 46) Boaz Benjamin Brothers Agenda Item 19 Page 6 Proposed Lot A I , N8. \ "\ I 1 1 WW1.R.tiE]OfiS \ \ N roe 1761,PC 600) `\ , PARC(L 7 \ \\ , I (Me 137.PC 34) •\ ill",,, I (9 20131117001329170) `\ At .5w?),504.70 'i E _ . 2412-10-2936 '77, \ `(: 12JU.20946 L ,' 5 7JJ2'57'E 4.'› : � 125 95' 11 i to coma owl j 1 1 (Yi 137.PG 34) 1 1 1 I 1 I i 1 I t 1 1. 1 1d oiwucr MOM - 1 1 (1UJ 137,PC. 34) 1 1 1 1rftse I 1 1 I Iawome I Pk Uut+Ulet>Is11q 1 I '^ I I ci N/F h -.I Ni PAY YEC,,GS LOT 6- <) I 1 ,...1 \ 1 t �) 57,539 sq ft 71 11E co NORFouc ' RN R4$ROK)Rn (1.32 ac) ti ".434,PC. 745) 1 I 2412-11-1747 $ PIg1pRY or I 1 1 goy ens pro. I I (DS 701.PC.582) -1 \ I (DB I281.PC.559) 2412-II-Ills I I I 1• ;1 1 N t ( 1 YK71A11 R. II OGS t 1 I (0.0. 19e 1.PC. 600) 1 - N. I P11R(3.L 2 I Z.41 I (14.8 137,PC 34) 1 I 04. 20131112001326170) \t 44'7' ' tf- —MIt won 77- 4; N 1 1 I1 'F 2412-10-2936 l! CCOE tS2-2275 1 i tYN/i I I 4 - 1 1 (06 701.PG.562) -- 1 1 I 00E 1711.PC.54)1 1 Qr 4 1 1 HEREBY VACAYEO I 1 Mat. 1 I 1 wogKNPYIPt moue ' MA. I24, 1 \ I Me S0.PC.41) PC 514) I I I 2412-10-066P ' In-I1-1`M I I 1 1 I .45EA HEREBY o ticArYV 7o � h I I rH1C arr or Y1FGPw4 &cc*, I\ QIJ� I 1 FOR RCH7-0f-ArAY 1 I PURPOSES (506 So. r7 OR 1 1 0012 ACRES) 111 1 I I •-•-404P��1k404 2.R:KES' 70 P i ,` 1 1 Al .8. C. AD cn 04lh Ilk' A470.906.56 (Y.B. 10.Pc. 53) _.N.B. 140.PC 42)- E.• 11,217.r 16 25 ) Pi 7J'J7 51-W 11l.55' I \� lox. .,(�1 QP N P1'r_27'09"E �r�/ WOO' PLEASANT RIDGE ROAD (Jo' 6 VARd4H!f WIDTH R/1P)(4[B 29. PG 46)(44f sQ P . 46) Boaz Benjamin Brothers Agenda Item 19 Page 7 Site Photos • ,5. •I II .4111 1.0 r — • 46 11111111 m�a Boaz Benjamin Brothers Agenda Item 19 Page 8 Disclosure Statement Disclosure Statement \B tsrnnlunits I)cviqQpmelit The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Boaz Benjamin Brothers Does the applicant have a representative? 0 Yes I No • If yes,list the name of the representative. WPL-Eric Garner Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity=relationship with the applicant, (Attach a list if necessary) 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,(fi)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. I f l a F e Boaz Benjamin Brothers Agenda Item 19 Page 9 Disclosure Statement Disclosure Statement V Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beech have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes Itr!No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the financial institutions. Chase Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes I No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IR No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes U No • If yes,identify the purchaser and purchaser's service providers. 21Paee Boaz Benjamin Brothers Agenda Item 19 Page 10 Disclosure Statement Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes SE No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the engineer/surveyor/agent. WPL 8. Is the applicant receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?❑Yes III No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Boaz Benjamin Brothers Print Name and Title I0/13/2020 Date Is the applicant also the owner of the subject property? II Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/Alf disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® Noch•rnesesat Date 01-14-2021 1°" •Olrfee� ,7•8li/.ee+.E Print Name Aubrey Trebilcock As per the applicant,there are no anticipated changes before the February 16,2021 CC public hearing. 3 : Page Boaz Benjamin Brothers Agenda Item 19 Page 11 Disclosure Statement Disclosure Statement • Owner Disclosure Owner Name Applicant Name Boaz Benjamin Brothers Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes ❑No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity"relationship with the Owner. (Attach a list if necessary) K nown Interest by Public Offklal or Employee Does an official or employee of the City of Virginia Beach have an interest In the subject land or any proposed development contingent on the subject public action?❑Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. SIPage Boaz Benjamin Brothers Agenda Item 19 Page 12 Disclosure Statement Disclosure Statement \33 i v of i'm.wl to=- Planning&Commu Development Owner Services Disclosure 1. Does the Owner have any existing financing{mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ❑No • If yes,identify the financial institutions. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ❑No • If yes,identify the real estate broker/realtor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,Identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 0 No • If yes,Identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the engineer/surveyor/agent. 61r-� _ . Boaz Benjamin Brothers Agenda Item 19 Page 13 Disclosure Statement Disclosure Statement _V rya.F.n3 Planning&Con Develop 8. Is the Owner receiving legal services in connection with the subject of the applcaton or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title /P72v2 o Date 71Page Boaz Benjamin Brothers Agenda Item 19 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. Boaz Benjamin Brothers Agenda Item 19 Page 15 Items # 19 Boaz Benjamin Brothers [Applicant 8, Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 1944 Pleasant Ridge Road January 13, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Our next order of business is the Consent Agenda, which the Vice Chair will take over. Mr. Wall: Okay, thank you Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Application number 1, 4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with an amended condition or with an added condition concerning forested buffer. The Planning Commission also 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 supports the applications, and there are no speakers signed up to comment. These include agenda items number 21, 23, 25, 26, and 27. Mr. Weiner: Thank you Commissioner Wall. Can I get a motion to approve the items on consent, please. Mr. Wall: I make a motion that these items be approved by consent. Ms. Klein: Second. Mr. Weiner: Okay. I got a approval by Commissioner Wall and a second by Ms. Klein, ready for vote. 1 Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: Vice Chair Wall. Mr. Wall: Yes. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Yes. Ms. Coleman: By record vote of 10 for and zero against, agenda items 1,4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with the added condition for the 20- 2 foot buffer. 21, 23, 25, 26, and 27 have been approved on the Consent Agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Resubdivision of Property of Boaz Benjamin Brothers", dated August 10, 2020, and prepared by WPL Site Design, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 3 w P 0 i 0 4 NV' �� Q. ov \ o 0"-?--j N M O vt N CV 0 o co Q o 0 0 v 0 r Q. : -,---N At ,- A ii, --- -- i ) A -xi it0 ..,/ A oi .0_,-,/s 0. MS CO Ce E ,/,k 000, 4-7 =: °/ \ 1 'Ci ..12 `1p CI, a: Q NOT � � ,,I w 1 - N ‘14 141 2:1 1---11 1 -:II-ki . 0 ,, A ,1"41,‘ _.a. 4,1V P IN 8) 1001. \ i_1_, AI_ ..srxer"----- o7 0 // c w I 1 1 ■ • / '/ = cn 0 1/ 1�. !/ ar w • / / a �: -M�a�ua � a � j 044 < m _.,___:3 , u_ cc 'ff Ma ° f � � � o I N 1- = auk . � N a) c - z� CI J '� 0! p� 4 a, o 0 o cn a N CO CL o EW / / -- 0 0 - 1 a /I 4';' // \ I ,,., 1 u��y� s V s� l` Jr CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: THOMAS A. BROWN [Applicant & Property Owner] Subdivision Variance (Section 4.4(b & d) of the Subdivision Regulations) for the property located at 2888 Indian River Road (GPINs 1493348082, 1493440216). COUNCIL DISTRICT — PRINCESS ANNE IMEETING DATE: February 16, 2021 • Background: Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The applicant is proposing to reconfigure the property lines of the two parcels, one of which was created improperly by deed in 1961 rather than by plat. The proposal will result in two parcels with square footages of approximately 52,000 (Parcel 4) and 44,000 (Parcel 5) along a private 15-foot wide private lane. As neither lot will have direct access to a public street, as required by Section 4.4(d) of the Subdivision Regulations, a Subdivision Variance is required. Additionally, the required minimum lot width for parcels in the AG-1 Agricultural Zoning District is 150 feet, with a required minimum street line frontage of 120 feet (street line frontage is equal to 80% of the required Lot Width). As neither lot will have direct access to a public street, the street line frontage is measured as zero, therefore necessitating a Subdivision Variance to this standard (Section 4.4(b)). Thomas A. Brown Page 2 of 3 • Considerations: The request to reconfigure the existing parcels will not increase the nonconformity of either lot and will result in both lots meeting the minimum lot area of the AG-1 Agricultural Zoning District. As no new parcels are to be created, this request will not increase residential density and will therefore be consistent with the vision of the Comprehensive Plan and the Interfacility Traffic Area and Vicinity Master Plan, which seek to reduce by-right residential density within this area. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Five letters of opposition were received by Staff related to this application. The property owners in the vicinity noted concerns related to the removal of trees and potential for an increase in flooding and drainage issues. In an attempt to address these concerns, the applicant agreed to a condition that requires a 20-foot wide tree preservation buffer along the property lines adjacent to the existing neighborhood that was added by the Planning Commission this is identified below with underline text. • Recommendation: On January 13, 2021 , the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 10-0. 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known as 2888 Indian River Road and J.C. Davis Parcel 2 Ac. +/-", dated September 30, 2020, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. Legal ingress/egress for Parcels 4 and 5 to Indian River Road via the private lane to be known as Lauren Lane shall be maintained at all time, through ingress/egress easement(s). The easement(s) shall include an all-weather surface for the 15' private lane to be installed and maintained. Said easement(s) shall be depicted on the final plat and recorded contemporaneously by deed. 3. A 20-foot tree preservation buffer shall be maintained along the property lines which border the West Neck Village Subdivision. This buffer shall be shown on the resubdivision plat to be reviewed by the City of Virginia Beach. Thomas A. Brown Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Opposition (5) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department e-, City Manager: to Applicant & Property Owner:Thomas A. Brown Agenda Item Planning Commission Public Hearing January 13, 2021 City Council Election District Princess Anne 20 City of Virginia Beach Request Subdivision Variance (Section 4.4(b& d) of the Subdivision Regulations) y� l / aporia to* 404 4-0 Staff Recommendation p1a�ca�jVe varc ' .«r,. "" Approval z. " {'rD�,a, ore . 0 1,, `Pi Vad);tn Drive Staff Plannerte �''4 - ° Aubrey A.Trebilcock `ale 4% Old it 29" Location 2888 Indian River Road GPINS ,- 4 r 14933480820000, 14934402160000 .10 111 sillilfr /. Site Size 2.20 acres AICUZ koie. Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District ,• * ,. � ,it Single-family dwelling, undeveloped Land/AG- 1`` * �" � +� 1 •T'; , a ems . 1 Agricultural �� '- s ' ' ., ',el'. Surrounding Land Uses and Zoning Districts ._ ��te a. ir " North jr. � .I. �' , -' <) Single-family dwellings /PD-H1 Planned Unit �r . , } `,+ Development X` 'Z`� �a�`e� �. x South r f° ' . It. 4- ,. r .� 'M rx Undeveloped Land/AG-1 Agricultural �v ' -,.: ~ `s u -Al + � +f r r ` East ar: x £b Undeveloped land/AG-1 Agricultural •.=-a� 'y,t..ti ,.., h .„ West aak ' w',, i ' `. ,„ �,-:, vl Single-family dwellings/ PD-H1 Planned Unit bvi* i a , ,,,,�fi . i.. . Development ,* 1,,'' /� `; ' x `' ` :0' - Thomas A. Brown Agenda Item 20 Page 1 Background & Summary of Proposal • The applicant is proposing to reconfigure the property lines of the two parcels, one of which was created improperly. • The two-acre parcel was legally subdivided by plat in Map Book 62, Page 43 in 1964. The 10,000 square foot parcel was improperly created by deed in Deed Book 691, Page 541 in 1961. • The two subject parcels,which together measure 2.20 acres, are zoned AG-1 Agricultural Zoning District. The 10,000 square foot parcel formerly contained a single-family home,while the two-acre parcel is undeveloped. • The proposal results in two parcels with square footages of approximately 52,000 (Parcel 4) and 44,000 (Parcel 5) along a private 15-foot wide private lane. Since neither lot will have direct access to a public street,as required by Section 4.4(d) of the Subdivision Regulations, a variance is required. • Required Street Line Frontage is equal to 80%of the required Lot Width.The required Lot Width in the AG-1 Agricultural Zoning District is 150 feet, the required Street Line Frontage is equal to 120 feet. As neither lot will have direct access to a public street, their Street Line Frontage is measured as zero, and therefore also requires a variance to the Subdivision Regulations (Section 4.4[b]). Required Street Proposed Proposed Line Frontage in Required Lot Proposed Lot Required Lot p g Street Line Width Proposed Lot Lot AG-1 Width Area Frontage (feet) (feet) (acre) Area (feet) (feet) (acre) Parcel4 120 0 150 260 1 1.19 Parcel 5 120 0 150 190 1 1.02 ip.Hy' ,tom 1 P ,..,V .,.j, -�1 r. ,,, .,., . • P ,,,,, : PD-H+• _ PO-H+' - P .ar Pb w „ Pe,, ,;., `..� -* Zoning History /7" i{n '�" , •;%''t�^� # Request 1 CUP(Planned Unit Development)Approved 05/11/1999 '`, . MOD A roved 05 13 2008 �`j �� 2 CRZ(AG-2 to Conditional B-2)Approved 07/07/2009 " {- /��' 3 SVR A roved 09/15/2015 9D- +1 • + A�� 4 CUP(Funeral Home,Cemetery,Crematorium)Approved j; 3,I, - it* . ' 4 03/09/1999 2 `: 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 Thomas A. Brown Agenda Item 20 Page 2 Evaluation & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The request to reconfigure the existing parcels will not increase the nonconformity of either lot and will result in both lots meeting the minimum lot area of the AG-1 Agricultural Zoning District. As no new parcels are to be created,this request would not increase residential density and would therefore be consistent with the recommendations of the Comprehensive Plan and the ITA and Vicinity Master Plan. The parcels will still lack direct access to a public street and will need to maintain access via a private access easement over the 15-foot wide private lane to ensure continued access to Indian River Road. The 10,000 square foot parcel was created by deed and was never properly established by plat.This is similar in circumstance to the property directly to the south, which was granted a Subdivision Variance to the same sections of the Subdivision Regulations in 2015. In its current form,the subject parcel is well short of the one acre minimum lot size of the AG-1 Zoning District. This proposal creates two parcels that will meet this requirement, where only one currently conforms. As the proposal will allow for both lots to better meet the requirements of the Zoning Ordinance, while satisfying the recommendations of the Comprehensive Plan and ITA and Vicinity Master Plan, Staff is recommending approval subject to the conditions below. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning& Community Development prior to recordation,which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known as 2888 Indian River Road and J.C. Davis Parcel 2 Ac. +/-",dated September 30, 2020, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. Legal ingress/egress for Parcels 4 and 5 to Indian River Road via the private lane to be known as Lauren Lane shall be maintained at all time, through ingress/egress easement(s). The easement(s) shall include an all-weather surface for the 15-foot wide private lane to be installed and maintained. Said easement(s) shall be depicted on the final plat and recorded contemporaneously by deed. Thomas A. Brown Agenda Item 20 Page 3 3. A 20-foot tree preservation buffer shall be maintained along the property lines which border the West Neck Village Subdivision. This buffer shall be shown on the resubdivision plat to be reviewed by the City of Virginia Beach. 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 this area as being within the South Princess Anne Commons,a subarea of Princess Anne Commons SEGA 4. South Princess Anne Commons lies within the Interfacility Traffic Area (ITA) between NAS Oceana and NALF Fentress, a designation that reduces by-right residential density,yet overall still offers a unique opportunity for education,entertainment, recreation, and habitat preservation, by-right rural residential, and agricultural and related activities. It is not the intent of this Plan for this area to become part of the urban area north of the Green Line. Instead,the general goals are for creation of quality development, provide for a planned mix of public and private uses, provide exceptional open spaces, and to design with nature. In addition to the Comprehensive Plan, the ITA and Vicinity Master Plan provides more detailed land use plan and recommendations for this area.The preferred land use plan designates this site as Agricultural/Rural Residential and calls for low density residential and agricultural farmettes. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. There are no known natural or cultural resources associated with the sites. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 5,845 ADT1 15,000 ADT 1(LOS '"D") Existing Land Use z—10 ADT Proposed Land Use 3—20 ADT 'Average Daily Trips 2 as defined by a Single Family 3 as defined by 2 Single Family °LOS=Level of Service Home Homes Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Rd is in the vicinity of this application and is considered a two-lane minor suburban arterial. The Master Transportation Plan proposes a divided facility within a 150 foot right-of-way for Indian River Rd. An undeveloped section of West Neck Parkway borders the subject properties. The Master Transportation Plan shows this section as a future expansion, but states that the alignment of West Neck Parkway (from North Landing Road to Indian River Road) has been moved to the area just west of Courthouse Estates and line it up with the north-south portion of Landstown Road (from North Landing Road to Landstown Road). There are no current plans to expand the roadway. No Capital Improvement Projects are slated for this area. Thomas A. Brown Agenda Item 20 Page 4 Public Utility Impacts Water City water is not readily available to the property. Health Department approval is required for private wells. A connection to City water may be possible via private easements. Sewer City sanitary sewer is not readily available to the property. Health Department approval is required for septic systems. A connection to City sewer may be possible via private easements. Private grinder pumps and force main(s) may be an option. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 27, 2020 and January 3, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 28, 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 January 7, 2021. City Council • Five letters ofopposition have been received by Staff noting concerns related to the potential loss of trees on the lots and impact to drainage and flooding. • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 2021. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 1, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on February 12, 2021. Thomas A. Brown Agenda Item 20 Page 5 Existing Lot Configuration peSn.p00sa260%0se1i .g \ K / • fs r. /(orSrnRxsanmrosen •� . / •'fir / r .� A li — �e / fa r Ai, (rySM(iWS01b100WR1) p 1 \ 'ill a L,C07 PARCEL 5 / i Oil 40C'S 1:4„. ,._ A if (foTRpaauoueooeaS1J : ,,, v.,.. e a 17/ / NON a ratiHR.r- (4/ trY -- +woos A wom nsES7 uK '� dp: Colt Tfel-1h021 4 Tv ESTMJ 4D a (e1SW NaMmooeca-5 - \, (1451 2075012f00f0ee71 RIS el P.41 2.0 acres Si • cws,naama2eooeonl) PARc€ Si N x ' (KTR/r S000mtaowveijN ry L Es ' / MOT ffr.Aim 1 \ OS l s" n he • /' \ • 4,. OWORT / MIAS A "Of OR MEALS ' SNOW IL eIf..R ll" MR/1090925000o1{)10) . eA / -fb- sq.ft. /• ,S•IR�'Als OR g /(s+sTo ueattAnoxofe \ It er moo AS.1NEN UK *Os OS MOLY CPa 1.17-1.1-7ez( i / MO' • SIR Mi00.7)t000T)1120) @ ,• Thomas A. Brown Agenda Item 20 Page 6 Proposed Layout (AASnpC0)042w060SE/) 1 I I(rs-At o.aco na� ruse); / ` , ----- ---- Q:� /' / : /� / il F f,1 cksM wmoc7oP rr3a . en st, / r /,' / (IK1F R 700Z090) F� , 20 ft tree. u Parcels �b `, ` buffer (MSli FKO70Of00K7E 71 44,333 sq.ft / ,. 1.02 acres % •P`` • It POb. / rKA I, 12 �, (Ns RpoZ01NCDSM67) �y3 tl.P.u. ' 91 \ MS/A/70C40O%CC0011 ,7) .. 'N .N Parcel4 es psw P____ ;51,908 sq. ft. '7 1.19 acres \ -/ J . \,0.7.p00:,..01.0.1,1 ,miw A ' 1 \ 20 ft tree .0.a rarotr / buffed �' aIN:,A3-ram .c. Pv.ar 1\ �j4.�. (14i4 a.ea P t3)J ) / Vim: ; ea (K Rp'py2300011a3P3) IV MAW LAM / p0070rlffn601A \, '/ 4b_ /' x of MpM�AS.KIMlN LAN N0.CO POYf1.• / / /', XMAS A. - (Asia pc1AWT00onizo) • / Thomas A. Brown Agenda Item 20 Page 7 Site Photos '''�• 1. ' i II 1,I �i�� r r t i r i t ` tip'r J J. , I' t1t11 ;r t� � � + i.�. y N' r 4 f F- '16 , f :I N : t F EtI. Ys f R s ,t,t r .. ti I ")- A. } t` r i •1,11 i fli,wit ,,kili,,Jiiir T- Sr1/�� 1 • 9 i _ 1 , i f ' I 'f ri / - F eft e.� �� d I • bpi ,: • I t If'�r1 �i r � ,ei! f • ' A rp r f IiI r, .i..) 1. It iit. I ' A, ,„ . ,, ,,. I, , t l . i',4 ,' 1 11 'it-4 .,.,; r ., ' ' ; ' . , .. 1 ! <11 Alf ,, ,, I I '',if ' '//1,il) ',' , I ,1 1, .,, . ,, 1 ', $,,, ,,,I. f ., i! Thomas A. Brown Agenda Item 20 Page 8 Disclosure Statement APPLICANT'S NAME - imr A , oaid 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. •eats _ _ 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 or, the application a4 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 Plannin Commission and Cit Council meetin that pertains to the a lication(s). ® APPLICANT NOTIFIED OF HEARING DATE' 01/14/2021 As per the applicant,there are no ® NO CHANGES AS OF DATE. 01/14/2021 anticipated changes before the February REVISIONS SUBMITTED DATE: 16,,2/220211 CC public hearing. ` / Thomas A. Brown Agenda Item 20 Page 9 Disclosure Statement X16 Virginia Beach ixCheck here if the APPLICANT_LS NOT a corporation, partnership, firm, business,or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. //JJ /� (A) List the Applicant's name:____ iot1Af G1- diPoJA/ 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) A/A (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) A/A 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. 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. —�T 4, ,Q / (A) List the Property Owner's name:_!.414144_ �CJ�a`'1N _ If an LLC, list the member's names: Page 2 of 7 Thomas A. Brown Agenda Item 20 Page 10 Disclosure Statement 1/3 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 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 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 11 _ Page 3 of 7 Thomas A. Brown Agenda Item 20 Page 11 Disclosure Statement AB APPLICANT tiinia Beach YES1 r NO [ SERVICE ( PROVIDER(u aridlNonal sheets if l El (1 Accounting and/or preparer of Y� your tax return A n ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser .T and purchaser's service providers Any other pending or proposed 0XI purchaser of the subject property I (Identify purchaser(s)and purchaser'sWA service providers) n Cons _ NA Construction Contractors ElEngineers/Surveyors/Agents iV rd , Financing(include current IYI ❑ mortgage holders and considered lenders giokp selected or being considered to �t,(7aJl,provide financing for acquisition .� n/ . d , or construction of the property) 06 m*.d" V/1 Legal Services NA Real Estate Brokers/ ('� Agents/Realtors for current and L,, /t l� 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 El �( an interest in the subject land or any proposed development �J 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? HA Page 4 of 7 Thomas A. Brown Agenda Item 20 Page 12 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. APPLICANT'S SIGNATURE pM1NEQ PRINT NAME - DA Page 5 of 7 Thomas A. Brown Agenda Item 20 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Thomas A. Brown Agenda Item 20 Page 14 Items # 20 Thomas A. Brown [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 2888 Indian River Road January 13, 2021 RECOMMENDED FOR APPROVAL - CONSENT-WITH ADDED CONDITION OF 20' BUFFER Mr. Weiner: Thank you. Our next order of business is the Consent Agenda, which the Vice Chair will take over. Mr. Wall: Okay, thank you Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Application number 1, 4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with an amended condition or with an added condition concerning forested buffer. The Planning Commission also 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 supports the applications, and there are no speakers signed up to comment. These include agenda items number 21, 23, 25, 26, and 27. Mr. Weiner: Thank you Commissioner Wall. Can I get a motion to approve the items on consent, please. Mr. Wall: I make a motion that these items be approved by consent. Ms. Klein: Second. 1 Mr. Weiner: Okay. I got a approval by Commissioner Wall and a second by Ms. Klein, ready for vote. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: Vice Chair Wall. Mr. Wall: Yes. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Yes. 2 Ms. Coleman: By record vote of 10 for and zero against, agenda items 1,4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with the added condition for the 20- foot buffer. 21, 23, 25, 26, and 27 have been approved on the Consent Agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1 . The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known as 2888 Indian River Road and J.C. Davis Parcel 2 Ac. +/-", dated September 30, 2020, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. Legal ingress/egress for Parcels 4 and 5 to Indian River Road via the private lane to be known as Lauren Lane shall be maintained at all time, through ingress/egress easement(s). The easement(s) shall include an all-weather surface for the 15-foot wide private lane to be installed and maintained. Said easement(s) shall be depicted on the final plat and recorded contemporaneously by deed. 3. A 20-foot tree preservation buffer shall be maintained along the property lines which border the West Neck Village Subdivision. This buffer shall be shown on the resubdivision plat to be reviewed by the City of Virginia Beach. 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. 4 January 6, 2021 Mr. Aubrey A. Trebilcock Virginia Beach Department of Planning aTrebilcock@vbgov.com I am writing as a follow up to our phone conversation of January 4, 2021 concerning the property at 2888 Indian River Road, which is adjacent to my home at 2929 Charisma Court in Virginia Beach. My wife and I purchased our home in December of 2012. The primary feature of the property was its privacy, as it backs up to a beautiful, heavily wooded area. At the time, our research into the parcel indicated that the land was in the city's long-range plans to be an extension to the West Neck Parkway between North Landing and Indian River Roads. Over time we saw that those plans seemed to be pushed further and further down the road as various real estate agents and others told us that the property in question was considered wetlands. In the past two years we learned that the parcel was privately owned, as the owner was speaking with two of our neighbors concerning access to the property. While appreciating the owner's property rights allowed in the current Agricultural zoning, I do have concerns as they relate to our home. The personal reasons are the aesthetics, as they were a primary reason for our choosing this home. A secondary, but important concern, is its potentially negative affect on our property value. However, our MAJOR concern is the effect of any development, removal of trees, and lack of an appropriate buffer to our property, particularly with regards to severe drainage issues which currently exist with the parcel and ultimately the homes on Charisma Court. I, as well as other neighbors affected by the proposed development, have spent literally thousands of dollars to mitigate the notoriously poor drainage in the entire area. Out of necessity, and after spending over ten thousand dollars with Winesett Irrigation and Chris Gildersleeve, our back yard is 80% planting, decking, and gravel. Despite nine drains, buried down spouts, and constant mulching, drainage is still poor. Currently, the upper levels of the parcel(s) in question are higher than our property and are totally saturated and inaccessible by vehicle and exceedingly difficult on foot. Further development, removal of trees eliminating absorption and facilitating more run off, would possibly render our property unusable. In your considerations and possible future development, I would hope that the current water table, any grading or plans would include the preservation of as much of the wooded area as possible, a retention pond or other serious forms of water mitigation, and a natural buffer to maintain, to the greatest extent, the value and use of our properties. Mr. Trebilcock, thank you so much for your patience and your professionalism, and I look forward to working with you to ensure the rights and the quality of life for all parties concerned. Mr. Keith Lynch, Jr. 2929 Charisma Court Virginia Beach, VA 23456 757-453-6501 lynchnj@cox.net From: g� To: Aubrey A.Trebilcock Subject: 2888 Indian River Road-GPIN(s): 1493348082, 1493440216 Date: Friday,January 8,2021 10:07:44 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Aubrey A.Trebilcock Virginia Beach Department of Planning atrebi lcockPvbgov.corn As per our phone conversation on January 07, 2021 I am following up with an email describing my concerns for the development of above mentioned properties. On a personal level, I will be saddened by the removal of Nature for the building of homes. The present condition of the surrounding land is a main reason for purchasing this property in 2012. Hopefully the lots will be big enough to minimize the natural impact. Initially, it did not seem probable that any construction would take place anytime soon, as there was a proposed roadway that was far back on the list of improvements. The major concern is drainage. Although I am at the high end of the street, I had had to spend over $7,000 to improve drainage, which included 4 drains and flower beds. The back yard was so wet, no grass would grow, and all we had was mud. I consider myself the lucky one on the street in that regard, although, I still have some wet/muddy areas in my back yard. Please take into consideration the drainage problem with the removal of trees and building up of the land before approving a building project. As you know,the area in question is very swampy with little or no access. It is very concerning to think about more water runoff coming the way of the residents on Charisma Court. Thanks so much for the opportunity to voice my concerns concerning the above mentioned property. Our phone conversation was pleasant and you were very open, helpful and available. Reguards Albert and Mary Daly 2937 Charisma Court Virginia Beach,Virginia 23456 419-779-5323 Aldaly730@gmail.com Sent from Mai(for Windows 10 From: em csie5A.Al)I c4Q1 To: Aubrey A.Trebilcock Subject: Variance Application 2020-PCCC-00293 Date: Thursday,January 7,2021 2:09:38 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr.Aubrey A.Trebilcock Department of Planning and Development City of Virginia Beach aTrebilcock@vbgov.com Re: Thomas A. Brown Subdivision Variance 2888 Indian River Road 2020-PCCC-00293 Dear Mr. Trebilcock, We are writing to express our concerns about the above variance application.After our conversation the other day,it is our understanding that the applicant wishes to reconfigure two lots to create two saleable buildable lots of equal size, resulting in one house on each lot. Our concerns are twofold: <!--[if!supportLists]-->1) <!--[endif]-->When we purchased our house in December, 2016,we assumed that the woods behind it would not be developed,which is why we chose this particular location. <!--[if!supportLists]-->2) <!--[endif]-->Much more importantly,it has taken us several years to control the significant drainage problem we experience in our back yard. Our efforts,combined with those of our immediate neighbors,created French drains,buried gravel ditches,and buried downspouts,costing several thousands of dollars. The trees on the proposed lots help to control an already poor drainage area. If we lose a significant number of the trees in the woods in the course of building two houses,the drainage situation will be greatly exacerbated. We urge you to consider whatever steps that can be taken to mitigate this potential threat to our property. Thank you for your kind assistance in helping us to understand this application. Please forward our concerns to the members of the Commission for consideration before the hearing on January 13. Sincerely, Eleanor Massie and John Taylor 2956 Elegance Lane Virginia Beach,VA 23456 508-237-1382 emassie4@aol.com From: Maxine Tate To: Aubrey A.Trebilcock Cc: Maxine tate Subject: variance and homes behind Rosecrest Village in West Neck Date: Saturday,January 9,2021 1:40:58 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sir: My neighbors and I are very concerned about the consequences of the houses that are proposed to be built in the woods behind many houses in Rosecrest in West Neck..I live on Elegance Lane so this directly affects me..our concern is that they will cut all the trees down in the woods behind us and cause massive flooding...we have horrible drainage even with the trees there and most of us have spent$1000's putting drains in..If they cut down all the trees these drains will not be enough to stop the flooding that will happen..I think the city planning commission should really look into this..it is going to be a major problem and the city of Virginia Beach already has major drainage problems in many neighborhoods.We dont need more. Thank You very much for your consideration, Maxine Tate 2968 Elegance Lane Virginia Beach,Va.23456 757-689-0078 From: Thomas Carin( To: Aubrey A.Trebilcock Subject: BUILDING HOMES IN THE WOODS BEHIND OUR HOME AT 2933 CHARISMA COURT. Date: Saturday,January 9,2021 12:37:34 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. MR. AUBREY A. TREBILCOCK VIRGINIA BEACH DEPT OF PLANNING JANUARY 9, 2021 DEAR MR. TREBILCOCK: AS YOU ARE AWARE OUR NEIGHBORS AS WELL AS US ARE QUITE CONCERNED ABOUT THE ISSUE OF BUILDING HOMES IN THE WOODS BEHIND OUR HOMES. WHICH ARE ON WET LANDS CAUSING FLOODING ON OUR PROPERTY. AGAIN, ALONG WITH OUR NEIGHBORS, WE HAVE SPENT THOUSAND OF DOLLARS ON TRYING TO REPAIR THE FLOODING ON OUR PROPERTY, THERE IS NO RUN OFF! THE TREES IN THE WOODS SOAK UP AN ABUNDANCE OF RAIN WATER. SO FOR US TO LOOSE THE TREES, WOULD ONLY EXACERBATE THE SITUATION. THEREFORE, BUILDING HOMES IN THE WOODS WOULD ALSO BE DEVASTATING FOR NEW HOMES AS WELL AS US. MR. TREBILCOCK WE THANK YOU IN ADVANCE FOR ALLOWING US TO VOICE OUR CONCERS AND HOPEFULLY YOU ARE VERY MUCH CONCERNED AS WELL AS WE ARE REGARDING THE FLOODING PROBLEM.... RESPECTFULLY SUBMITTED, THOMAS AND MARYANN CARIN OF 2933 CHARISMA COURT.757 689 8707 CARINI2@COX.NET I 4p, do/ 3 Io 0 ' 111 N I r O 1 a)• i ! cr,c) lie .41 lii Ilgliio'.t°.1- ` ue o >E O 1 •Osier �►7 L = lw14"101111..-1-*1\o 6 1 rt� � 0 a 1 �' Atia �nt o 13) 2 5 = .• Q 1 ❑ •� co d __A,,,01 lia5 48 2 „,,, n 1 ... \%' •.... \ 1y du. _ ;0 ii \--I o 0 . Il Oa 11\441 _ O i 0 rx. 6 S 11 11 WIE li 0 1 iii 2%2 t `` V _ Siii\° '' Ill 1.5 II :� nus � •� N _ varlet a .0 c. , \ 0110 d I1/011 � o o mo r 10 c' A tA*co is , L. Est% * 1 a ,..: ,, 0;\pl .0 c--A ra r\\gl 0 CL g \ \fo U i lit -1, -----\,„„•••••oei co u_ '11ey o ° itfr\all: Fcillitili o \ P C‘ \ ilf , i I \ f: :it', r) g `,,:VV CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Michael L. and Felicia Juliano for the Closure of One-Half of an Unimproved, Unnamed Alley Adjacent to the Rear of 804 Vanderbilt Avenue in Croatan MEETING DATE: February 16, 2021 • Background: Michael L. and Felicia Juliano (the "Applicants") requested the closure of approximately 375 sq. ft. of an unimproved, unnamed alley (the "Right-of-Way"), adjacent to the rear of their property located at 804 Vanderbilt Avenue (GPIN: 2426-37-7899), for the purpose of incorporating the closed area into their adjoining property. • Considerations: This street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. A previous street closure for the adjacent one-half of the 15-foot alley was approved on March 1, 2016 as ORD-34360. Other street closure requests similar to this request have been granted to property owners within the same block. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There is no known opposition to the request. • Recommendation: The Planning Commission passed a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions, except Condition 1 has been modified to include the specific purchase price to the City: 1 . The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures", approved by City Council. It has been determined that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. 2. The Applicants, shall resubdivide the property and vacate the internal lot lines to incorporate the Right-of-Way into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants, shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above-stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of City Council approval, said approval shall be considered null and void. ■ Attachments: Ordinance Exhibit Staff Report Disclosure Statement Form Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department /`' 2 City Manager: riv 1 ORDINANCE APPROVING APPLICATION OF 2 MICHAEL L. AND FELICIA JULIANO FOR THE 3 CLOSURE OF ONE-HALF OF AN 4 UNIMPROVED, UNNAMED ALLEY ADJACENT 5 TO THE REAR OF 804 VANDERBILT AVENUE 6 IN CROATAN 7 8 WHEREAS, Michael L. and Felicia Juliano (the "Applicants") applied to the 9 Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion 10 of an unimproved, unnamed right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "7.5' x 50' PORTION OF ALLEY TO BE 28 CLOSED" and "PART OF ALLEY 375 SF/0.0086 AC", and 29 shown on that certain street closure exhibit entitled: 30 "EXHIBIT SHOWING PORTION OF 15' ALLEY ADJACENT 31 TO LOT 9, BLOCK 14, CROATAN BEACH, TO BE CLOSED 32 (M.B. 24 P.37) VIRGINIA BEACH, VIRGINIA", Scale: 1" = 33 20', dated October 29, 2020, and revised December 9, 34 2020, prepared by DKT Associates, a copy of which is 35 attached hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City 40 Council's adoption of this ordinance: 41 42 1 . The City Attorney's Office will make the final determination regarding 43 ownership of the underlying fee. The purchase price to be paid to the City shall be 44 determined according to the "Policy Regarding Purchase of City's Interest in Streets 45 46 No GPIN Assigned (City Right-of-Way) 47 Adjacent GPIN: 2426-37-7899 48 Pursuant to Street Closures", approved by City Council. It has been determined that the 49 purchase price to be paid to the City shall be $3,000, which is consistent with similar 50 street closures in this area. 51 52 2. The Applicants, shall resubdivide the property and vacate the internal lot 53 lines to incorporate the Right-of-Way into the adjoining lot. The resubdivision plat must 54 be submitted and approved for recordation prior to the final street closure approval. 55 Said plat shall include the dedication of a public drainage easement over the Right-of- 56 Way to the City of Virginia Beach, subject to the approval of the Department of Public 57 Works, and the City Attorney's Office, which easement shall include a right of 58 reasonable ingress and egress. 59 60 3. The Applicants, shall verify that no private utilities exist within the Right-of- 61 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 62 company must be provided. 63 64 4. Closure of the Right-of-Way shall be contingent upon compliance with the 65 above-stated conditions within 365 days of approval by City Council. If the conditions 66 noted above are not accomplished and the final plat is not approved for recordation 67 within one (1) year of City Council approval, said approval shall be considered null and 68 void. 69 70 SECTION III 71 72 1 . If the preceding conditions are not fulfilled on or before February 15, 2022, 73 this Ordinance will be deemed null and void without further action by the City Council. 74 75 2. If all conditions are met on or before February 15, 2022, the date of final 76 closure is the date the street closure ordinance is recorded by the City Attorney. 77 78 3. In the event the City of Virginia Beach has any interest in the underlying 79 fee, the City Manager or his designee is authorized to execute whatever documents, if 80 any, that may be requested to convey such interest, provided said documents are 81 approved by the City Attorney's Office. 82 83 SECTION IV 84 85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 86 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 87 VIRGINIA BEACH (as "Grantor") and MICHAEL L. JULIANO and FELICIA JULIANO 88 (collectively, as "Grantee"). 89 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 90 of February, 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney i CA15195 \\vbgov.com\dfs I\applications\citylaw\cycom32\wpdocs\d015\p038\00695 I 95.doc R-1 February 1, 2021 20 19 A 18 Roger S.& Mal J.Woolard am! Ron &Allison Swan Amy R.Slagle ' Deborah Woolard GPIN#242637899600001 20200226000189600 cr'1rt 12426379e780000 ' GPIN#f 24263799020000 •---- 15'Alley 15'Alley s s4 valsi a n'n,o PS,x SL• NORTH rwaird ba.24P73t - f 10 9 8 SODO Sq,Feet Chen Daxine & 0.1148Acree Chen Bich Phuong Michael &Felicia UN:GPIN GPIN as*Cottage,Lt.0 GPIN#24263779830000 /24283788040000 Juliano GRIN#24263778990000 fG n r M.00'ta o44aYS"w e0.00' Maiyamdave. VANDERBILT AVENUE (80') (ro r, ,i7 Pao8-A+eiue;� � •+ EXHIBIT SHOWING Ar ��•;•� f.•, Portion of 15'Alley adjacent to.ik Lot 9,Block 14,Croatan Beach, ( DK1 ::uates /' to be closed LAND SURVEYORS �.••,••, ''� (M.B.24 P.37) 1 r I '-..1' M : S • Virginia Beach,Virginia October 29,2020 I:c hc•. Uu IFS , For. Michael&Felicia Juliano 1100 Grenby Street , 10/28/20 / Sune 100 1 Job Number 22114 Drawing Scale 1`=20' Norfolk,VA 23510 ' 0 Field Book 312A Paper Stze Legal t t 0 CAD Teridat JP Revised Date 12-09-20 DKTAesoclatee.00m Tel (757)588.5888 ��F.� rhReviewed By DT %heat Number 1 of 1 Applicant& Property Owner Michael & Felicia Juliano Agenda Item Planning Commission Public Hearing January 13, 2021 City Council Election District Beach 5 City of Virginia Beach Request Street Closure Staff Recommendation et Approval c' i{ I Staff Planner `'°°'°Road lb Marchelle Coleman g°l'^oO„a° `°,°^:: *A \ y , I Location `A HA'a'y° 7.5-foot by 50-foot portion of an unimproved ��°� ft alley adjacent to 804 Vanderbilt Avenue s i Adjacent GPIN r` 2426377899 Site Size 375 square feet AICUZ 65-70 dB DNL J ibiw1" °°" oad 1 Watershed Atlantic Ocean Existing Land Use and Zoning District r ` ' .--- isimauto . ....,f Single-family dwelling/R-10 Residential . l :•*' ' ' Surrounding Land Uses and Zoning Districts /-. North 5 k .,� Single-family dwellings, unimproved alley /R- MYy d A� r#�'��'R *o al 10 Residential 1104V a South .x. �4 j ' ,, _ Single-family dwellings, unimproved alley/R-10 � , Residential k ,_ oe 4 i y+`• ik.00:4 East " .; a - " Single-family dwelling/R-10 Residential * ' D — . -# 4 West 4 t, �,,..... ° ' q� Single-family dwelling/R-10 Residential r Michael & Felicia Juliano Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant is requesting to close a portion of the platted, unnamed, and unimproved alley that is adjacent to the rear lot line. As shown on the submitted street closure exhibit, the proposal includes closure of half of the 15-foot- wide alley,totaling 375 square feet, and incorporation of that land into their adjacent residential lot, identified as Lot 9, Block 14, Croatan Beach. • The site is developed consistently with other residential lots in the Croatan neighborhood with single-family home with a fenced in the back yard. Currently,the area proposed to be closed is fenced in and has been used and maintained by the applicant. Zoning History a.o # Request 010 _rJ 1 STC(Portion of 15-foot wide alley)Approved 03/01/2016 RIO 8 2 STC(Portion of 15-foot wide alley)Approved wood 01/23/2007 1 3 STC(Portion of 15-foot wide alley)Approved 10/26/2004 4 4 STC(Portion of 15-foot wide alley)Approved R,o 05/22/2012 3 5 STC(Portion of 15-foot wide alley)Approved n+e 11/17/2020 6 STC(Portion of 15-foot wide alley)Approved 11/17/2020 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 As required by City Code, a Viewers' Meeting was held on December 2, 2020,that included City Staff from the Departments of Public Works, Public Utilities, Planning and Community Development, and the Office of the City Attorney,to consider this request. The Viewers determined that the proposed closure will not result in any public inconvenience;therefore, closure of this portion of the right-of-way is deemed acceptable. As evident on the Zoning History Map above, many similar requests have been reviewed and approved by City Council for closure of alleys within the Croatan neighborhood. On March 1, 2016, City Council approved the closure of the other half of the 15-foot wide alley adjacent to this parcel. Consistent with that approval, Condition 2 is recommended below whereby the City of Virginia Beach will retain a public drainage easement over the closed portion of the alley. Based on the considerations above,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Michael & Felicia Juliano Agenda Item 5 Page 2 Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 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 Atlantic Ocean watershed.There does not appear to be significant natural or cultural resources associated with the site. Michael & Felicia Juliano Agenda Item 5 Page 3 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 27, 2020 and January 3, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 28, 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 January 7, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 2021. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 1, 2021. • 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/Bookma rkedAgenda.pdf on February 12, 2021. Michael & Felicia Juliano Agenda Item 5 Page 4 Street Closure Exhibit 20 19 A 18 I I Roger S.& NW J Woolard and Ron&Allison Swan ' Amy R. Slagle ' Deborah Woolard GPIN #242637899600001 20200226000189600 GPIN a24?83796t8000U GPIN#24263799020000 ----I I-- - _ 15'Alley ' 7Y 15'Alley a w^sr1a-a war ra.so wow a.aw vm ui•doer, a8 MP Ji 10 9 8 # SOOO Sq.reel Chen Daxinp & 8.114BAcres SanOcasatCottaq.L:C Chen Bich Phuong Michael&Felicia GPIN N24263788040000 GPIN #24263779830000 Juliano GPIN#24263778990000 • s e 6 r F•j a • SO CA x N 04't 4'if.-w !.o/ru' VANDERBILT AVENUE (80') ��•..•.� EXHIBIT SHOWING 0/ 'ik` Portion of 15'Alley adjacent to % Lot 9.Block 14,Croatan Beach, D K T Associates SsoCiates • i7/"�." i�v7+• "'4 to be closed LAND SURVEYORS � f '' (M-8 24 P 37) 4 ♦ i.,rwv‘i Beach,Veieria October 20.2029 1 Fa. Michael&Felicia Juliano 1130 Granby Street , / 100 1 W ` 0 Job Number 22114 Drawing Sceie 1':20 51,1eNorio k VA 23510 IL 0 Feld Book 312A Paper Size Legs' CAD Ter/MiNinn JP Reared Date 11.03 20 0KTAssoo ales corn. To ;r,ri588.5858 �_+•.W A' Reaewec By DT Sheet Number 1 d 1 Michael & Felicia Juliano Agenda Item 5 Page 5 Site Photo • • • ..f • Michael & Felicia Juliano Agenda Item 5 Page 6 Disclosure Statement Disclosure Statement \13 Clip qf V1rg.5a Beath Planning&Community Development - - s,. The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name !iI,,4,eP/ # 'v'/ `C/c,,- ..J /it4'O Does the applicant have a representative? ❑Yes NO • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes 2 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list If necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"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(Hi)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. ��. /„0 r��`.Cam, ,,- e- /�7 f.�f-yed,7 1Ii'aP`- Michael & Felicia Juliano Agenda Item 5 Page 7 Disclosure Statement Disclosure Statement C49 of Virginia Enid, Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or arty proposed development contingent on the subject public action?Cl Yes LI No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering aannyjf ancing in connection with the subject of the application or any business operating or to be operated on the property? lE Yes ❑No • If yes,identify the financial institutions. 2. Does the apppllic/cr ave a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes to No • If yes,identify the real estate broker/reahor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided nection with the subject of the application or any business operating or to be operated on the property?0 Yes kr—No • If yes,identify the firm or Individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provideee in connection with the subject of the application or any business operating or to be operated on the property?0 Yes MN-0 • If yes,identify the firm or individual providing the service 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ©�No • If yes,identify the purchaser and purchaser's service providers. 21 Michael & Felicia Juliano Agenda Item 5 Page 8 Disclosure Statement Disclosure Statement \43 City o Viryinao Bach Planning&Community Development 6. Does the applicant have a constructIooyp6 ntractor in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the construction contractor. T/i(`' / / 7 Does the applicant have an engineer/surveyor/agpt in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the engineer/surveyor/agent. !)/c�`T /`tcco /ram A c L -re,A 51,4"1/67fit1• __ 8. Is the applicant receiving legal services in c59rfection with the subject of the application or any business operating or to be operated on the property?❑Yes CP/No • If yes,identify the name of the attorney or firm providing legal services. pplicant Signature I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public••• committee in connection with this application. Appllea• Signature Pry Name d Title ,- r7/ 90 /0%7�v�v Date Is the applicant also the owner of the subject property?-©Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No chortles asof aets 1/26/2021 signim. roc.`na rCsALs esl ImntN." IMarchelle L. Coleman 757- 9—S4Q3v 3lPage Michael & Felicia Juliano Agenda Item 5 Page 9 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. Michael & Felicia Juliano Agenda Item 5 Page 10 Item # 5 Michael & Felicia Juliano [Applicants & Property Owners] Street Closure 7.5-foot y 50-foot portion of an unimproved alley adjacent to 804 Vanderbilt Avenue January 13, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Our next order of business is the Consent Agenda, which the Vice Chair will take over. Mr. Wall: Okay, thank you Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Application number 1, 4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with an amended condition or with an added condition concerning forested buffer. The Planning Commission also 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 supports the applications, and there are no speakers signed up to comment. These include agenda items number 21, 23, 25, 26, and 27. Mr. Weiner: Thank you Commissioner Wall. Can I get a motion to approve the items on consent, please. Mr. Wall: I make a motion that these items be approved by consent. Ms. Klein: Second. Mr. Weiner: Okay. I got a approval by Commissioner Wall and a second by Ms. Klein, ready for vote. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. 1 Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: Vice Chair Wall. Mr. Wall: Yes. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Yes. Ms. Coleman: By a recorded vote of 10 for and zero against, agenda items 1,4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with the added condition for the 20-foot buffer, 21, 23, 25, 26, and 27 have been approved on the Consent Agenda. 2 AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a 3 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 , r ►�► �'�, • ,��\ LL O i - -I ci- T. -- - 41--- R. Vsw*Lik3 0 > a---- - ( um Tiii_1 1 * .,___;;4414. 1r 3, tIN% soispill Me---ummal.1 T7 ISimi---1, kwv4.= / LE \iiiii %i, ' 4e4 1 r -ED D V. ,- *,'‘•r-r-* --• .14 .We II I ad!I ' * / A, / .; ce) m / 141,3* .4,1_, els* 40N _ ,.:, ' °)' , _ 0: 4rz/ • , - //N e4e,, ' 1141/ es' 1 9 . N : *it 4* i..•,4:, 2 / Ss N4k ., o coo0 ` v N � � O O 4� as 00 o O O a �/ d�4 o O . U 5 CV • e/4., , o ...t_ ! 1r %, N70/, , -meer \\ Z & l. � O O �` � � � N O / Q Oo O �` o O 00 Oo Oo • ��� O O O 0 �m Oo O ` C Q . NO 0 0o O O O O w C ` m LL oo O O Oo O o 0 o Q O O O 0o - O O OOa o O O o � o 0 O O ,, o o z Oro O O it o c� �1 X O 0 Q �' zi O12 o o .5 Q moo , 0 0 0 ` Cl) d N co ` Alt - 111 PC� ' 7. iji Si i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FIVE POINTS, LLC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning for the property located at 2005 Lynnhaven Parkway (GPIN 1475977081). COUNCIL DISTRICT — ROSE HALL MEETING DATE: February 16, 2021 • Background: The applicant is seeking a Modification of Proffers request to modify Proffer 3 to allow for a 200-square foot encroachment into the 25-foot wide landscape buffer in order to install a drive-through aisle, a by-right use in the B-2 Business District, and a small retaining wall. Proffer 3 is associated with the 1996 request that required the installation of a berm and a 25-foot wide landscape buffer along the perimeter of the Salem Crossing Shopping Center. The proposal includes additional plantings along Lynnhaven Parkway and Princess Anne Road to screen the drive-through aisle from the rights-of-way. Striped crosswalks are provided across the drive-through aisle to direct pedestrians safely into the entrance from the sidewalk along Princess Anne Road and between this site and the parcel to the south. • Considerations: Other eating and drinking establishments in the immediate vicinity have drive- throughs with a similar layout to this request. The encroachment is necessary in order to meet the turn radius of vehicles when circulating the rear of the building. While the proposal for a drive-through will slightly increase the traffic volume, Lynnhaven Parkway and Princess Anne Road are well under capacity and can easily accommodate the anticipated increase and any potential vehicle stacking issues with this use and will not impact any public road. In addition, the proposed landscape will help screen the drive-through aisle from the rights-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. • Recommendation: On January 13, 2021 , the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 10-0. Five Points, LLC Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: VQ I 4 I 4 I I 4 a Applicant & Property Owner Five Points, LLCNIB Agenda Item Planning Commission Public Hearing January 13, 2021 City Council Election District Rose Hall 1 6 Virginia Beach Request Modification of Proffers Staff Recommendation 2 0, X„-- ,. ? / ' Approval / c° dpe'd ,o' Staff Planner F°'a., ....**••,....0°.>" 4r. Hoa N. Dao .4 (pp. r ',pit .2---- Location 2005 Lynnhaven Parkway _ . , GPIN4,4 4 1 * 1475977081 �► Site Size p,sarto ajye NY. s 1.22 acres 3 Lynnhaven Parkway 0 ,,,P AICUZ "`K Less than65dBDNL sA«had canal Lane ) .t� Watershed Kene^`ane n s. Southern Rivers Existing Land Use and Zoning District Shopping center/ B-2 Community Business b y. ° Surrounding Land Uses and Zoning Districts r' North i Princess Anne Road - Shopping center/PD-H1 Planned Unit / 4 , - Development :-', / t, South 1 :v . ,� Shopping center/ B-2 Community Business 3 , ' 4 °o J East '.- %,- ''�,_ ` ' ,A Lynnhaven Parkway ''' , t, Shopping center/ B-2 Community Business ' ' 4s' '`" West aar'ti�,, „ �1,a 'i f o ,, Shopping center/ B-2 Community Business 0+'� , 'i, ', e, w ' r a?+s .. `a ' tr, r'.. .' ;Act } ;:, v:c �4 '•t ;,, . f } if 1 -. • Five Points, LLC Agenda Item 16 Page 1 Background & Summary of Proposal • The subject 1.22-acre site is an outparcel of the Salem Crossing Shopping Center,zoned Conditional B-2 Community Business District.The site is developed with a 6,500 square foot building that is shared by a dental office and Starbucks. • In 1995, City Council granted approval to rezone the property from R-5D Residential District to Conditional B-2 Community Business District for the development of the shopping center. In the following year, a Modification of Proffers was granted to change the layout of the site. Proffer 3 associated with the 1996 request required the installation of a berm and a 25-foot wide landscape buffer along the perimeter of the site. • The applicant seeks to modify Proffer 3 to allow for a 200-square foot encroachment into the 25-foot wide landscape buffer in order to install a drive-through aisle and a small retaining wall. The drive-through aisle will be associated with the existing eating and drinking establishment, which is a by-right use in the B-2 District. • Additional plantings are proposed along Lynnhaven Parkway and Princess Anne Road to screen the drive-through aisle from the rights-of-way. Striped crosswalks are provided across the drive-through aisle to direct pedestrians safely into the entrance from the sidewalk along Princess Anne Road and between this site and the parcel to the south. ., ,,N - .,- , <,Ne'4 "1/ Q Zoning History �'_ # Request 1 CUP(Bulk Storage Yard)Approved 08/21/2018 CUP(Bulk Storage Yard)Approved 09/20/2016 ' � , * MOD(Proffers)Approved 02/27/1996 `O CRZ(R-5D to B-2)Approved 07/11/1995 \ 4R 2 CUP(Indoor Recreation Facility)Approved 09/10/2013 j �� CUP(Indoor Recreation Facility)Approved 10/11/2011 �V 3 CUP(Indoor Recreation Facility)Approved 08/09/2011 I, 4 81 4 CUP(Bulk Storage Yard)Approved 03/25/2003 2 r CRZ(R-5D to B-2)Approved 06/22/1999 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 CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation The request for a 200-square foot encroachment into the 25-foot wide landscape buffer with a berm to construct a drive-through aisle and small retaining wall, in Staff's opinion, is acceptable. Other eating and drinking establishments in the immediate vicinity have drive-throughs with a similar layout to this request. The encroachment is necessary in order to meet the turn radius of vehicles when circulating the rear of the building. The alternative is to remove a portion of the building,which is not feasible for the applicant. Additionally,this corner parcel is imposed with two front yard setbacks observed from the rights-of-way. Five Points, LLC Agenda Item 16 Page 2 As shown on the proffered Landscape Plan,the drive-through aisle will be screened by existing and proposed landscaping. A small retaining wall is proposed in order to contain the soil from the existing berm at the eastern corner of the lot. To promote safe pedestrian access,striped crosswalks and signage are proposed across the drive-through aisle at two locations. Traffic Engineering Staff reviewed the request and commented that while the proposal for a drive- through will slightly increase the traffic volume, Lynnhaven Parkway and Princess Anne Road are well under capacity and can easily accommodate the anticipated increase. Based on the consideration described, Staff recommends approval of this request, subject to the proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer numbered 3 of the Original Agreement is hereby modified with regard to the Property only by adding the following language: "Notwithstanding the requirements of Proffer#3,the drive-through lane depicted on the Property(known as Outparcel 4) may encroach by up to 200 square feet into the portion of the 25 foot landscape buffer("25 Foot Landscape Buffer")depicted on the original "LANDSCAPE PLAN OF DEVELOPMENT OPTIONS, INC. SHOPPING CENTER" prepared by Engineering Services, Inc. dated January 2, 1996 ("Original Landscape Plan"), with a retaining wall, curbing and pavement, in the manner depicted on the exhibit entitled "12' DRIVE THRU ENCROACHMENT EXHIBIT, PRINCESS ANNE ROAD,VIRGINIA BEACH, VA" dated December 17, 2020 ("Encroachment Plat"),which Encroachment Plat has been exhibited to City Council and is on file with the Planning Department. In order to supplement the Original Landscape Buffer on the Property, GRANTOR will add additional landscaping in the manner and locations depicted on the Encroachment Plat. Moreover, in the event that the construction of the retaining wall and improvements depicted on the Encroachment Plat causes the trees in close proximity to the retaining wall to die, GRANTOR will remove and replant such tree or trees." Proffer 2: Those proffered covenants, restrictions and conditions contained in the Original Agreement,which have not been modified herein,shall remain in full force and effect. Proffer 3: Further conditions lawfully imposed by development ordinances may be required by the GRANTEE during detailed site plan review and administration of applicable City Codes by City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; Five Points, LLC Agenda Item 16 Page 3 protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed and there are no known significant cultural resources associated with this site. Drainage in the Southern Rivers Watershed is highly impacted by the presence of high groundwater, poorly draining soils, and high water surface elevations in downstream receiving waters. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Parkway 23,000 ADT1 36,900 ADT 1(LOS°"D") Existing Land Use 2-1,340 ADT 1 1 ,„ Proposed Land Use 3-1,640 ADT Princess Anne Road 41,800 ADT 74,000 ADT (LOS D") 'Average Daily Trips 2 as defined by a coffee shop 3 as defined by a coffee shop with a 4 LOS=Level of Service without a drive-through drive-through Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Lynnhaven Parkway is a four-lane minor arterial and Princess Anne Road is an eight-lane major arterial.There are no CIP projects slated for these portions of the roadways. Public Utility Impacts Water & Sewer The subject site is connected with City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 27, 2020 and January 3, 2021. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 28, 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 January 7, 2021. Five Points, LLC Agenda Item 16 Page 4 City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 1, 2021 • 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 February 12, 2021. Five Points, LLC Agenda Item 16 Page 5 Proposed Site Layout f pa LANDSCAPE SCREEN�NO I a v<s 1 I -� 6C yy IR b ►�f)�f YJe r z • 6 T..•�s e 6 0=m PROPOSED DUM ,PSTER •- I y y 1 A�GO� EXIST NG INTERPARCEL I I L w ACCESS __~ I 1 _-----J III 0 g v a M 8 ;v i t 8 0 RELOCATED OUTDOOR RQ INS I Z V 3 ` SEATIVGII,00 Sr) I I •0 att Z TQt tSI M �'(m� p a a A t *P 7 PATg SCREE VIAO P • TO 6 O {3'. 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BUFFER 1 i ifil 0 E LYNNHAVEN PARKWAY x LrvNHAve‘EAR' _ 4 VARIABLE WIDTH RIGHT-O'WAr „ '�,-• c.: ►IB2C2 PG 17 <p 'I _q,P IIF1S�gggg > D B.2767 PG POPP n"1 0 6 ID 9 7767 PG 20S! * t y D Q Z Five Points, LLC Agenda Item 16 Page 6 Site Photos .00 1, • . , ' -4.";,t - ' ';.- • ' . _ i •-", - _emir- - • '''-%-iiiiirlison • , - .• - - 4.• —4- ,-_,=1X_Ilt '''.e-:;-.4.- ..--- -''' i• ., '. •0 ' ' -- 5 i . .It . , • 6 _ I , .,i. ""'" 7------ . •1 - ' - voirr'''''''', ' • , . '- , ! ' -^4 , 0-: . i: •-•''':-•'-‘.- '-' . ' %..,rt'-. 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' .t"' .z • r • . ! _ 'R'��a. !:%a �Se,4U"4' Y�`�. h:' -�tL � f. } Sta .�Y-� y 4A ` e s;'� Yid°rr�'•;$�+'• ,? BEd3 r�,L- ~ ^f x,_i it a, ��'`Prc s h K,frl. '1tt •• Y "�.r,M v '' _ ♦:" -y 4 4PY•i1Nrigftl.a; iif.yiwr, ri. tom. V _ I y • `'i E I 1. 7. - k F. k 1 St'' '*Svc Y.:*V wF"- "`».._^w A Five Points, LLC Agenda Item 16 Page 8 Disclosure Statement Disclosure Statement CBY 9'Vvyisn Bali Planning&Community Development �— The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law.The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure (Applicant is also the Owner) Applicant Name Five Points,LLC__ Does the applicant have a representative? X Yes D No • If yes,list the name of the representative. Lisa M.Murphy Wilcox&Savage P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?X Yes D No • It yes,list the names of all officers,directors,members,trustees,etc.below.(Attach a list if necessary) Five Points,LLC—Charles N.Cooper,Member&Manager; Erik Cooper,Member&Manager; Jeff Cooper,Member&Manager • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant.(Attach a list if necessary) Cooper Realty, Inc. '"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 entitles."See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 l Page Five Points, LLC Agenda Item 16 Page 9 Disclosure Statement Disclosure StatementV13 City ofViryvm Bod+ Planning&Community Development i yam _ ................... .......%.............. .u.p.v,.. Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes X No • If yes,what is the name of the official or employee and what Is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? X Yes ❑ No • If yes,identify the financial institutions. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? CI Yes X No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?X Yes 0 No • If yes,identify the firm or individual providing the service. Wall,Einhorn&Chernitzer 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? X Yes 0 No • If yes,identify the firm or individual providing the service. Kimley-Horn-land planner 5. Is there any other pending or proposed purchaser of the subject property?❑Yes X No • II yes,identify the purchaser and purchaser's service providers. 2 I Page Five Points, LLC Agenda Item 16 Page 10 Disclosure Statement 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes X No • if yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?X Yes ❑ No • If yes,identify the engineer/surveyor/agent. Kimley-Horn/Draper Haden 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?X Yes ❑ No • If yes,identify the name of the attorney or firm providing legal services. Willcox&Savage,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Erik Cooper,Manager Print Name and Title October 1,2020 Date Is the applicant also the owner of the subject property? X Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date j 02.01.2021 Ski re Flint N'"" Hoa N.Dao 3IPap,e Five Points, LLC Agenda Item 16 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Five Points, LLC Agenda Item 16 Page 12 Items # 16 Five Points, LLC [Applicant & Property Owner] Modification of Proffers 2005 Lynnhaven Parkway January 13, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Our next order of business is the Consent Agenda, which the Vice Chair will take over. Mr. Wall: Okay, thank you Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Application number 1, 4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with an amended condition or with an added condition concerning forested buffer. The Planning Commission also 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 supports the applications, and there are no speakers signed up to comment. These include agenda items number 21, 23, 25, 26, and 27. Mr. Weiner: Thank you Commissioner Wall. Can I get a motion to approve the items on consent, please. Mr. Wall: I make a motion that these items be approved by consent. Ms. Klein: Second. 1 Mr. Weiner: Okay. I got a approval by Commissioner Wall and a second by Ms. Klein, ready for vote. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: Vice Chair Wall. Mr. Wall: Yes. Ms. Coleman: And, Chairman Weiner. 2 Mr. Weiner: Yes. Ms. Coleman: By record vote of 10 for and zero against, agenda items 1,4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with the added condition for the 20- foot buffer. 21, 23, 25, 26, and 27 have been approved on the Consent Agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE PROFFERS: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§ 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer numbered 3 of the Original Agreement is hereby modified with regard to the Property only by adding the following language: "Notwithstanding the requirements of Proffer #3, the drive-through lane depicted on the Property (known as Outparcel 4) may encroach by up 3 to 200 square feet into the portion of the 25 foot landscape buffer ("25 Foot Landscape Buffer") depicted on the original "LANDSCAPE PLAN OF DEVELOPMENT OPTIONS, INC. SHOPPING CENTER" prepared by Engineering Services, Inc. dated January 2, 1996 ("Original Landscape Plan"), with a retaining wall, curbing and pavement, in the manner depicted on the exhibit entitled "12' DRIVE THRU ENCROACHMENT EXHIBIT, PRINCESS ANNE ROAD, VIRGINIA BEACH, VA" dated December 17, 2020 ("Encroachment Plat"), which Encroachment Plat has been exhibited to City Council and is on file with the Planning Department. In order to supplement the Original Landscape Buffer on the Property, GRANTOR will add additional landscaping in the manner and locations depicted on the Encroachment Plat. Moreover, in the event that the construction of the retaining wall and improvements depicted on the Encroachment Plat causes the trees in close proximity to the retaining wall to die, GRANTOR will remove and replant such tree or trees." Proffer 2: Those proffered covenants, restrictions and conditions contained in the Original Agreement, which have not been modified herein, shall remain in full force and effect. Proffer 3: Further conditions lawfully imposed by development ordinances may be required by the GRANTEE during detailed site plan review and administration of applicable City Codes by City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 4 k4 *1-- L� . g' ci E � CITY OF VIRGINIA BEACH s_`ry ,:`= INTER-OFFICE CORRESPONDENCE 4-4P4- ��'etV S s CF ou.•.0,0N In Reply Refer To Our File No. DF-10575 DATE: February 3, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilsd DEPT: City Attorney RE: Conditional Zoning Application; Five Points, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 16, 2021. I have reviewed the subject proffer agreement, dated October 1, 2020 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS FIVE POINTS, LLC, a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS ("Agreement") is made and entered into the 1st day of October, 2020, by and between FIVE POINTS, LLC, a Virginia limited liability company ("GRANTOR"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE"). WITNESSETH: WHEREAS, Grantor is the owner of that certain parcel of real property located in the City of Virginia Beach, Virginia, commonly referred to as 2005 Lynnhaven Parkway, GP1N No.: 1475-97-7081-0000, more particularly described on Exhibit A, attached hereto and incorporated herein by reference ("Property"); WHEREAS, the Property is currently zoned Conditional B-2 (Community Commercial); WHEREAS, the Property is encumbered by certain proffer agreement dated January 3, 1996 ("Original Agreement") and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach ("Clerk's Office")in Deed Book 3591, Page 962, which Original Agreement amended and replaced conditions set forth in a proffer agreement recorded in Deed Book 3516, Page 0001; WHEREAS, the Original Agreement provided that it may be amended or varied by a subsequent written instrument recorded in the Clerk's Office with the consent of GRANTEE, which consent shall be evidenced by written resolution adopted by the governing body of GRANTEE following a public hearing advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended ("Code of Virginia"); WHEREAS, GRANTOR has initiated a petition addressed to the GRANTEE requesting an amendment of the Original Agreement; WHEREAS,by this Agreement GRANTOR desires to amend and modify the terms of the Original Agreement related to the 25 foot landscape buffer required on the Property; WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and I-1716777.1 WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Original Agreement which amended the Zoning Map of the City of Virginia Beach,Virginia("Zoning Map")with respect to the Property,the following reasonable conditions related to the physical development, operation, and use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which GRANTOR's request gives rise. NOW, THEREFORE,the GRANTOR, and its successors,assigns, grantees and other successors in title or interest,voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the Property, which shall be binding upon the GRANTOR and upon all parties and persons claiming under or through the GRANTOR, and its successors, assigns, grantees and other successors in interest or title: 1. Proffer numbered 3 of the Original Agreement is hereby modified with regard to the Property only by adding the following language: "Notwithstanding the requirements of Proffer#3,the drive-through lane depicted on the Property (known as Outparcel 4)may encroach by up to 200 square feet into the portion of the 25 foot landscape buffer("25 Foot Landscape Buffer") depicted on the original "LANDSCAPE PLAN OF DEVELOPMENT OPTIONS, INC. SHOPPING CENTER"prepared by Engineering Services, Inc. dated January 2, 1996 ("Original Landscape Plan"), with a retaining wall, curbing and pavement, in the manner depicted on the exhibit entitled "12' DRIVE THRU ENCROACHMENT EXHIBIT, PRINCESS ANNE ROAD, VIRGINIA BEACH, VA"dated December 17, 2020 ("Encroachment Plat"),which Encroachment Plat has been exhibited to City Council and is on file with the Planning Department. In order to supplement the Original Landscape Buffer on the Property, GRANTOR will add additional landscaping in the manner and locations depicted on the Encroachment Plat. Moreover, in the event that the construction of the retaining wall and improvements depicted on the Encroachment Plat causes the trees in close proximity to the retaining wall to die, GRANTOR will remove and replant such tree or trees." 2. Those proffered covenants, restrictions and conditions contained in the Original Agreement,which have not been modified herein, shall remain in full force and effect. 2 3. Further conditions lawfully imposed by development ordinances may be required by the GRANTEE during detailed site plan review and administration of applicable City Codes by City agencies and departments to meet all applicable City Code requirements. All references herein to the B-2 zoning district and to regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, specifically modify the applicable conditions associated with the Original Agreement, and shall continue in full force and effect until a subsequent amendment changes the zoning of Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order, in writing, that any noncompliance with such conditions be remedied, and (b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Redevelopment Parcel and the Preservation Parcel, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK SIGNATURE ON FOLLOWING PAGE.] 4 WITNESS the following signature and seal. GRANTOR: FIVE POINTS, LLC a Virginia limited liability company By: (SEAL) Name: Erik Cooper Title: Manager COMMONWEALTH OF VIRGINIA CITY OF NORFOLK, to wit: The foregoing instrument was acknowledged before me this ( day of October, 2020 by Erik Cooper, as Manager of FIVE POINTS, LLC, a Virginia limited liability company, on behalf of said company. [SEAL] liatQA/Lt Notary Public Z I 2 Co cf Registration No: VALERIE B MOYER L y'. Notary Public My Commission Expires: It ,N camm"willetioof.,214 Comalalon Expires Sept 16., [Signature page to Amendment to Proffered Covenants, Restrictions and Conditions] • e Exhibit A to Proffered Covenants, Restrictions and Conditions [Attach Legal Description of the Property] OWNER'S POLICY Date of Policy: July 2,2020 Policy No. 2730646-220140817 Order No.: 091059335 EXHIIBIT "A" All of that certain lot, piece, or parcel of land located in the Kempsville Borough of the City of Virginia Beach,together with all improvements thereon and appurtenances thereto,known, numbered and designated as Outparcel 4,as shown on that certain plat titled "Subdivision Plat of Salem Crossing Shopping Center,Kempsville Borough,Virginia Beach,Virginia" dated April 10, 1996(revised April 24, 1996),which plat is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 251 at pages 92 through 94,to which plat reference is made for a more particular description of the property. TOGETHER WITH use of the nonexclusive variable width private ingress/egress easement area as shown on the aforesaid plat of subdivision. TOGETHER WITH those certain rights,privileges and easements benefitting the property as contained in the Easements With Covenants and Restrictions Affecting Land recorded in the aforesaid Clerk's Office in Deed Book 3617,Page 1960. ALTA Owner's Commercial Policy(6-17-06) This policy is invalid unless the cover sheet, Page 4 Schedule A and Schedule B are attached. Copyright 2006-2009 American Land Tdc Association All rights wed The ores of this Fmm is restrimcd to ALTA t em=and ALTA members in good standing as of the date of use All other uses are prohibited Reprinted coder license from the American land Title Association - - ti) . . . ,47.,. 4 ir _:: ,,..„:, ,„,v,,, _,.. .4„ LL . _,,,,,, ....A -ir .:24:/..r4,..a. AK ,..,,, ,. , it . 74h- r.,,,..,. 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"142 /rnAirSt. 'Ifes wet ,41 .c , ,OA N4'.. .1,41 .4,N,1%,...._ I ik• L..‘7, ff / -m,,..- 74 kt � e14- .Lh �� Oro (9 ° • o cp y i�., )4 i► /,� ` gip '\/OA. 111 , (-9, . /',/ •� N U 2 co„.. . ,--- sivilit\ VA "--. : ' • IA, - ,40 I>*N.// °% OS 'V to ,,,,, ko r w '' \ .4•-.,7 '_,..., ...) -;,....* „at; • ys%° 00 a� cn 1�'�ti �t�,L.„.,,s„, : 4. \ /2,a ‘,, \,, • a p two , _ .L . cc , Lo 7, witzirt %, ; 4,. < , co , ,. , ,, . „, , ..c , d , , ccNy'' is `.7(, ' ' . ' 1/4 fa,t)./ ?.-,. / • 0 *,„ •-map ,,of ,�N �� t �1� 0,,7cr o / o „:1444417 NLv. . w o N o %. c, W. w •, ,) LL N\\ ‘ TD /\,Z,02/? ‘ o I 03 e2 411ks,„ ....,- 1 0 I \,21' o > > N : si . , � � / o I`, N it— .5an a ° NCm CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ST. JOHN THE APOSTLE CATHOLIC CHURCH & SCHOOL [Applicant] THE ROMAN CATHOLIC DIOCESE OF RICHMOND [Property Owner] Modification of Conditions to a Conditional Use Permit (Religious Use & Private School) for the property located at 1968 Sandbridge Road (GPIN 2414325261). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: February 16, 2021 • Background: The applicant is requesting to modify a Conditional Use Permit for a Religious Use and Private School granted by City Council on August 24, 1993. The 10.87-acre site consisting of a church, parking lot, office space, and private school. Due to the success of the school and the growing number of parishioners, a Modification of Conditions for expansions and additional parking spaces is requested. Specifically, the applicant is proposing building improvements to include a 23,791 square foot multi-purpose social hall addition, a 300 square foot office addition, a 5,418 square foot classroom addition to the existing school, a 478 square foot chapel, a columbarium and memorial areas, and 188 parking spaces. The architecture and building materials of the proposed additions depict brick constructed buildings that are designed to match that of the existing buildings on the site. There are currently 296 parking spaces on the site, exceeding the minimum parking requirement by 50 spaces. However, according to the applicant, there is a shortage of parking. An additional 188 on-site parking spaces will be provided, exceeding the parking requirement by over 211 parking spaces. The proposal also includes modifications to the internal vehicular circulation to better accommodate the drop-off and pick-up of children at the school. As depicted on the conceptual Landscape Plan, existing vegetative buffers will be retained and, where necessary, supplemented with new plantings. A natural and structural approach to addressing stormwater runoff including the use of permeable pavers systems, canopy cover, green roof systems and below surface structural stormwater management are proposed to meet the stormwater management requirements. ■ Considerations: In Staff's view and the Planning Commission concurred, the request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as the church and school provide a valuable service to the community and St. John the Apostle Catholic Church & School Page 2 of 3 contribute to the sustainability of great neighborhoods. The additions are designed to complement the architecture and character of the existing buildings and ample parking is provided with the additional 188 parking spaces proposed. Traffic Engineering Staff noted that additional discussion will be necessary during final site plan review to address the possible need to install a left turn lane into the site. If the applicant is not agreeable to the installation of a left turn lane, the applicant will be required to install and maintain a gate at the main entrance to address traffic concerns during weekday drop-off and pick-up of children at the school. The applicant is aware of these comments and has agreed to install and maintain a gate at the main entrance to be used during weekday drop-off and pick- up of children at the school, as deemed necessary by PW/Traffic Engineering. The preliminary stormwater analysis that was submitted to the Development Services Center was determined to have the potential to successfully comply with the stormwater regulations for this site. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On January 13, 2021 , the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 10-0 with the following conditions: 1 . All conditions attached to the Conditional Use Permit for a Religious Use and school, dated August 24, 1993, are hereby deleted and superseded by the conditions below. 2. The site shall be in substantial conformance with the submitted site layout exhibit entitled, "CONCEPTUAL MASTER PLAN — ST. JOHN THE APOSTLE CHURCH AND SCHOOL — Virginia Beach, VA ", prepared by WPL, dated 12/12/2019, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled " ST. JOHN'S ARCHITECTURE" prepared by Waller Todd & Sadler, dated 12/12/2019, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning & Community Development. 4. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development, Permits and Inspections Division; the Health Department, and the Fire Department. The St. John the Apostle Catholic Church & School Page 3 of 3 applicant shall obtain a Certificate of Occupancy from the Building Official's office prior to the use of the proposed additions. 6. 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. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staff, unless otherwise approved by the Development Services Center. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. j Submitting Department/Agency: Planning Department �j� City Manager: Applicant St. John the Apostle Catholic Church & School Agenda Item Property owner The Roman Catholic Diocese of Richmond Planning Commission Public Hearing January 13, 2021 ('ill/o! City Council Election District Princess Anne 7 Virginia Beach Request Modification of Conditions (Religious Use & Private School) • Staff Recommendation �''" Approval ,' a,,� /� 0/0 Staff Planner -� �'`e Marchelle Coleman I :/,�,� Location / � 4 ,› s 1968 Sandbridge Road1>\ o ; 4 H GPIN a I 2414325261 ,p�k�`°'"�°h �' , Site Size F , v 10.87 acres •�.. r- �ha,p. AICUZ to c`' "* FuNWal °'C, 65-70 dB DNL; Sub-Area 2 'q,c,, '." Beauty Way Watershed cQ. Southern Rivers Rein Lan. `o Existing Land Use and Zoning District Religious Use, private school/ R-20 Residential `, o .i 0h (a Surrounding Land Uses and Zoning Districts - ,-J i.w ,� , North ' y` , ;,,x t• , . '.y ,��m ''* �,.: Single-family dwellings/ R-7.5 Residential 4 /c% \ - . L•�,TP"',. South "ff fiy , ,� , Sandbridge Road . n,,. •"w . �,. '._''4 gyen , Retail, restaurant, daycare, undeveloped land/ 'ess C , ;. , B-2 Community Business, AG-2 Agricultural } ° '' ` '; : �' b f East � � J t ' y n � Red Mill Farms Park/ B-2 Community Business a � % r '�►`" �� �� 4 West Painters Lane 1 f' ' : r�. . .^i, . i Office/ B-2 Community Business �� �\ `� • `• ! �'r- � E.' y 4 St.John the Apostle Catholic Church & School Agenda Item 7 Page 1 Background & Summary of Proposal • A Conditional Use Permit for a Religious Use and private school was approved by City Council on August 24, 1993. • The subject 10.87 acre site is currently zoned R-20 Residential District and consists of a church, parking lot, office space, and a private school. • At this time, the applicant is requesting a Modification of Conditions for an expansion of the site to accommodate the growing parish. The existing buildings are limited in space resulting in overcrowding. To better serve parishioners and guests, the applicant is proposing building improvements to include a 23,791 square foot multi-purpose social hall addition with community meeting space, Sunday School classroom space, and office/resource space. • Other proposed improvements include a 300 square foot office addition, a 5,418 square foot classroom addition to the existing school, a 478 square foot chapel, a columbarium and memorial areas. The architecture and building materials of the proposed additions will match that of the existing buildings on the site, as depicted on pages 10—13 of this report. • There are currently 296 parking spaces on the site to accommodate the existing church, office space, and school. Despite exceeding the minimum parking requirement by 50 spaces, according to the applicant there is a shortage of parking on the site. In order to address this shortage and to meet the requirements of the Zoning Ordinance with the proposed additions, an additional 188 on-site parking spaces will be provided, exceeding the parking requirement by over 211 parking spaces.The applicant will also be expanding the onsite internal vehicular circulation to better accommodate the drop-off and pick-up of children at the school. • Existing vegetative buffers will be retained and, where necessary, supplemented with new plantings. As shown on the Conceptual Landscape Plan and further described in the concept stormwater design, the applicant is proposing both a natural and structural approach to addressing stormwater runoff including the use of permeable paver systems, canopy cover, green roof systems and below surface structural stormwater management. Zoning History r1 a rciizi/f. f! PC 1".s :// # Request `,, 7 °C°„� Ra�.�nOhta _q•? 1 CUP(Mini-Warehouses)Approved 12/03/2019 Wesmam woods Place 2 CRZ(AG-1 and Conditional 0-2 to Conditional B-2) /� f) ��YIC ' 3t. Approved 02/24/2009 3 CUP(Outdoor Recreation)Approved 11/20/2018 • o e CRZ(AG-2 to Conditional B-2)Approved 09/16/2014 j� �' h"'q� � , 4 CUP(Communications Tower)Approved 10/12/2010 no U, O ,,/�����rf�'y�% `' cz ' o , 5 CUP(Church)Approved 08/24/1993 �i /� 6 CUP(Fuel Sales with a Convenience Store)Approved � • ' // 0 12/11/2001 a 2' • '� 7 CRZ(B-2 to Conditional A-12)Approved 12/11/2001 ,. ;"'°" 1 8 CUP(Fuel Sales)Approved 10/18/2016 4) MOD Approved 01/20/2015 `�l ` CRZ(AG-2, B-2 to Conditional B-2)Approved 06/11/2013 AC4 AG-2 9 CRZ(AG-2 to Conditional B-2)Approved 05/25/1999 B:1 p,. 10 CUP(Child Care Education Center)Approved 06/14/2005 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental St. John the Apostle Catholic Church &School Agenda Item 7 Page 2 Evaluation & Recommendation In Staff's opinion, the proposed Modification to the Conditional Use Permit for the Religious Use and private school expansion is acceptable.The additions are designed to complement the architecture and character of the existing buildings.Ample parking will be provided with an additional 188 parking spaces in order to meet the parking needs of the church and to satisfy the minimum parking 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 and school provides a valuable service to the community and contributes to the sustainability of great neighborhoods. As shown on the submitted Landscape Plan, the applicant intends to retain all existing vegetative buffers on the site to include all streetscape and foundation plantings. New plantings will be installed to supplement where needed. A more detailed review of all screening and planting requirements will occur during final site plan review. Traffic Engineering data shows that the proposed modifications to the existing Religious Use and private school would result in an increase in traffic generation. Based on the submitted application, the school building addition will not result in higher student enrollment, so the school addition was not factored into the new trip generation calculations. The proposed social hall is counted as part of the church for trip generation and the proposed new trips have been based on the 23,791 square foot addition. It is likely that the calculation of new trip generation included vehicles that are already at the church; therefore, the proposed additional trip generation numbers are expected to be lower than the data provided. Condition 5 of the 1993 Conditional Use Permit referenced that Traffic Engineering Staff may require right and left turn lanes along Sandbridge Road for vehicles entering the site. Based on the current modification request, Traffic Engineering Staff provided that these turn lanes were never constructed and an agreement between the church and the City determined that a gate at the main entrance would be required to block traffic from using this access point on weekdays during school drop-off and pick up times. During final site plan review, turn lanes or either a gate at the main entrance may be revisited to allow for better traffic flow along Sandbridge Road during drop-off and pick-up times for the private school. The applicant is aware that additional review and discussion regarding this issue will occur during final site plan review. Upon submission of this application, City Staff and the engineers and developers for this project recognized that more substantial stormwater management infrastructure was necessary to meet anticipated regulatory requirements. As recommended by Staff, the applicant submitted a preliminary stormwater management analysis to the Development Services Center(DSC) outlining the proposed stormwater strategy for this site. The DSC has reviewed the preliminary stormwater analysis and finds that the submitted stormwater strategy has the potential to successfully comply with stormwater regulations for this site. More detailed information can be found in the Stormwater Impacts section of this report. Based on these considerations, Staff recommends approval of the application, subject to the modified conditions below. Stormwater Impacts Project Stormwater Design Staff Summary The proposed drainage patterns for the site are comprised into two drainage areas. Runoff from the majority of the proposed building and parking additions (7.66 acres) discharges to an existing storm sewer system located behind the Red Mill Subdivision while the remaining area (approximately 3.21 acres) drains directly toward Sandbridge Road. The proposed stormwater management facility(SWMF) consists of an underground detention facility, primarily intended to address water quantity requirements, augmented with treatment devices to provide a portion of the required pollutant removal. St.John the Apostle Catholic Church &School Agenda Item 7 Page 3 The provided preliminary stormwater management design demonstrates adequate conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5 feet of sea-level rise (SLR). The stormwater model evaluation included an offsite analysis to verify that the project will not have a negative impact or increase flooding levels on the existing stormwater system upstream or downstream of the project. Based on the information provided by WPL and Hoggard-Eure Associates in the Preliminary Stormwater Analysis, the Development Services Center finds that the proposed conceptual stormwater management strategy has the potential to successfully comply with the stormwater requirements for this site. Final design and detailed updates will be made during site plan submittal. More detailed project stormwater information is listed below. Project Information Total project area: 10.87 Acres Pre-Development impervious area:4.17 Acres Post-Development impervious area: 6.83 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: Yes Does the analysis incorporate into design increased rainfall amounts (NOAA plus 20%)and account for 1.5'SLR:Yes Stormwater Management Facility Design Information Type of facility proposed: Underground detention storage chambers with treatment devices Total storage volume provided in proposed stormwater management facility: 131,100 cubic feet Description of outfall: Runoff leaves the site primarily in two directions. All proposed improvements will drain into the underground detention system, which outfalls into an existing public storm sewer system located along the Church's northern property line. The area draining to the Sandbridge Road ditch system is reduced by approximately 50%and remains otherwise unchanged. Downstream conveyance path: Both of the project outfalls connect to the historic ditch less than 1,000 feet downstream, which then drains north through Redmill to the South Shore Estates pond, which connects to Ashville Bridge Creek and eventually into Back Bay. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required: 6.94 lb/yr Method of treatment proposed: Manufactured treatment devices provide 4.57 lbs of phosphorus load reduction. A nutrient credit purchase will be required to provide the remaining 2.37 lbs of the 6.94 lb reduction required. Stormwater Quantity Compliance Design Information Channel protection: Provided stormwater model demonstrates a reduction in peak velocities of stormwater discharge in all evaluated structures downstream of project site. Flood protection:Attenuation of peak flow rates with reduction in hydraulic grade line (HGL) for 10-year storm in all evaluated structures downstream of project site. 100-Year storm evaluation: Stormwater modeling demonstrates project meets requirement of no increase (0.00 feet increase in HGL) in all evaluated structures downstream of project site. Sea-Level Rise: Project evaluated, and stormwater modeling demonstrates proposed structures will not be inundated with stormwater during 100-year(including 1.5 feet SLR) storm event. St. John the Apostle Catholic Church &School Agenda Item 7 Page 4 Recommended Conditions 1. All conditions attached to the Conditional Use Permit for a Religious Use and school, dated August 24, 1993, are hereby deleted and superseded by the conditions below. 2. The site shall be in substantial conformance with the submitted site layout exhibit entitled, "CONCEPTUAL MASTER PLAN—ST. JOHN THE APOSTLE CHURCH AND SCHOOL—Virginia Beach, VA", prepared by WPL, dated 12/12/2019, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "ST.JOHN'S ARCHITECTURE" prepared by Waller Todd & Sadler, dated 12/12/2019, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning &Community Development. 4. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development, Permits 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 the use of the proposed additions. 6. 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. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staff, unless otherwise approved by the Development Services Center. 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 St.John the Apostle Catholic Church &School Agenda Item 7 Page 5 attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—No Data Available Sandbridge Road 14,200 ADT1 15,400 ADT 1(LOS°"D") Proposed Land Use 3-166 ADT(Weekday) Proposed Land Use 3—663 ADT(Sunday) 'Average Daily Trips 2 as defined by the existing 3 as defined by the existing 4 LOS=Level of Service 52,509 square foot church& 52,509 square foot church& private school private school with a 23,791 square foot church addition Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Sandbridge Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial with a variable-width right-of-way in this location. The MTP proposes the Princess Anne Commons/Transition Area Parkway with up to four lanes for this segment of Sandbridge Road. Princess Anne Road Phase VII (CIP 2-195) is for the construction of a four-lane divided roadway within a 143-foot right-of-way with a bike path, from General Booth Boulevard to just past the Upton Drive/Princess Anne Road intersection. The project is currently under construction and is slated to be completed in Spring 2021. Public Utility Impacts Water & Sewer The site currently connects to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant met with the surrounding neighbors to discuss the details of the request on Thursday,January 23, 2020.Approximately 30 residents were in attendance. Overall, the proposal was well received. However, according to the applicant, one neighbor was concerned about the landscaping and the preservation of trees on the site. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 14, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, December 27, 2020 and January 3, 2021. St.John the Apostle Catholic Church &School Agenda Item 7 Page 6 • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 28, 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 January 7, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 2021. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 1, 2021. • 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 February 12, 2021. St.John the Apostle Catholic Church &School Agenda Item 7 Page 7 Conceptual Site Layout „ 1 Z y I H cr H ss y411P ti r. v en p- 'at • •1-* a' ac= 'If z ♦ ., • , �• I rA, / I �I is 1"H $ -6 asf ct 1 > i r _4. 1 0 l,/) U li ! It - / pt Jce c/) o 4▪ S • • O aREk's $8 � `1\ �� Q v 2 -R ".! �," 5 W ¢ Q i mWi r ;ire„= IIR 1 M� z AV c 3 F • ^ x d �iggS33ss33 K cc^` N' _ ¢, o 3iiii.l 1 � �daoA RaRR`o �y� L Vh =0 m a $hhi M v 0000g as.. . „iv-) > • L.3333i ktii s Y g .w ggallvj •' R fall St.John the Apostle Catholic Church &School Agenda Item 7 Page 8 Conceptual Landscaping Plan �_ 0 ; .7 , �,.,.� " F '-- Vi, Zit - -....„ i 4, 111 11 <'Ir 17 ',....,,, "N... 4P -A44E;i 1 / �r VT yg�T -Ff`' f i.s _ —. ..s s l► ii �p J a or: �. ir, -s B, 0 e 0,f t ®c, ` 'U �. = W d' 0 ✓, Q < F ' a o t 44 pYp �-�5t: ' '. T s S / _ . L i E i t 0 - o >i iliElii V _*,! i _ , ,,, I: t 1 I t t F ' € L y r ! i A k k k - G o . s. St.John the Apostle Catholic Church &School Agenda Item 7 Page 9 Proposed Social Hall . .. ir $* , ' \%**1 , \ - I, I: ,,, ,A - .2'• , Pj , .1. !\,ill r : L , t _� '�'�i 4 • St.John the Apostle Catholic Church &School Agenda Item 7 Page 10 Proposed Classroom Addition _ i O i - ,Z--------tii - . -- tt -- L j -- . . 4 • ..�. e • }- . — i St. John the Apostle Catholic Church &School Agenda Item 7 Page 11 Proposed Chapel 4...46 ii siap,- f ittlf . :44 7 1 St.John the Apostle Catholic Church &School Agenda Item 7 Page 12 Proposed Columbarium Wall _ditioiLlit_ N '11,0 8-3 1 ___.. ..... . • ,i. _ ... , tit -, '3 dirf 41111 ir:.,..,; • ,a, .40, 1.4410M ' r. r . St.John the Apostle Catholic Church &School Agenda Item 7 Page 13 Site Photos 1 fill . : ''*‘‘.' 14'''t' ': r'."4.1"....,,, kfr.,;"4:::°"7"'''::',. . t V,, . . 2„lito , . .,, ,, A .;4. e. ' . . t.. 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''t'. .i '1 ,_m. __. .•_g_ • ' ' ;• , ___,___----_ --- , ----moaooadetmwfrto.tm...a ___._, — •_____ --7.--------.. ,,.._4..... . ._.„ • ,1 '\ ;„'" „,-;;;..;;;;'_;..+,`!".--.' -.-- ' r, : - '.;,::.-14:-/- ' -' ' -,4.4.',.i_...7-7-_'., . • '' — -• ..... • . , • 0 ak'..• , s ri lor 11,4 .. tt,lit,?' • 'A VAIP'” ‘t),/c) ' ,. i . 'a , \ i ,...0 ' . •'1 0-:AiviZ•!,,,, *.14 if ir,,,.. 'ttare a' **IitioNT olye4z... a. 144 ' - ` ' -I•t• 1 ' • , 0 , t _ sittl, ..... -- ,,, . ,• . ., „.• ,I:, ,...„ .1 i '01;1 ''k 1:•,-. , , ... i •••,,. s,..; i4e.:. - _:,..,.•' ' ' '. . ' ; -.';r", ow,. ,.. ...- 1•• ' iwr if i 'It' . f "II 411 1 1-'• .. ;14 \ .• .1 , . A 1 ,! • !/ - ' 1. • , •,a A ' - . . , . _ ,,. ., , • .. .. St. John the Apostle Catholic Church &School Agenda Item 7 Page 15 Disclosure Statement • • • • • The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name St.John the Apostle Catholic Church and School Does the applicant have a representative? II Yes ❑ No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list If necessary) • if yes,list the businesses that have a parent-subsidiary`or affiliated business entity'relationship with the applicant, (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,VA.Code 4 2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(Ii)a controlling owner In one entity is also a controlling owner In the other entity,or(Ili)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101, Revised11.09.2020 Wage St.John the Apostle Catholic Church &School Agenda Item 7 Page 16 Disclosure Statement• .aex n Known interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development $ contingent on the subject public action?❑Yes • No • If yes,what Is the name of the official or employee and what is the nature of the Interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross•collaterallzation,etc)or are they considering any financing In connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes •No • If yes,Identify the company and individual providing the service. 1 Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?0 Yes • No • if yes,identify the firm and Individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?III Yes ❑No • If yes,Identify the firm and Individual providing the service. Waller Todd Sadler,AIA;WPl(Landscape) 5. Is there any other pending or proposed purchaser of the subject property?❑Yes •No • If yes,identify the purchaser and purchaser's service providers. Revised11.09.2020 2(Page St.John the Apostle Catholic Church &School Agenda Item 7 Page 17 Disclosure Statement 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?i Yes ❑No • If yes,Identify the company and individual providing the service. TBD 7. Does the applicant have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • If yes,Identify the firm and individual providing the service. WPL 8. Is the applicant receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑No • If yes,Identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.L. Applicant Signature I certify that all of the Information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Manning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Applicant Signature Rev.Roberti.Cole Print Name and Tide Date 12/1/2020 Is the applicant also the owner of the subject property? 0 Yes III No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Data 1/27/2021 Signature PnM Name Marchelle L. Coleman Revised 12.09.2020 3 I P a g e St.John the Apostle Catholic Church &School Agenda Item 7 Page 18 Disclosure Statement Owner Disclosure • Owner Name Bishop of The Catholic Diocese of Richmond,Virginia Applicant Name St.John the Apostle Catholic Church and School Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑ NO • If yes,list the names of all offkers,directors,members,trustees,etc.below. (Attach a list if necessary) Diocesan Bishop:Most Reverend Barry C.Knestout;Vicar General&Moderator of the Curia:Very Reverend Michael G.Boehling; Chief Financial Officer.Mr.Michael 1.McGee;Chancellor:Very Reverend Monsignor R.Francis Muench,J.C,L.,E.V. • If yes,Ilst the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action?0 Yes 11 No • If yes,what is the name of the official or employee and what Is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101, ""Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership Interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner In the other entity,or(III)there Is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business 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. Revised 11.09.2020 S 1 P a g e St. John the Apostle Catholic Church &School Agenda Item 7 Page 19 Disclosure Statement Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing In connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • if yes,Identify the financial Institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? Cl Yes ■ No • if yes,Identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes U No • if yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?Cl Yes II No • If yes,identify the firm and Individual providing the service. Revvsed 11.09 2020 6'P a g e St.John the Apostle Catholic Church & School Agenda Item 7 Page 20 Disclosure Statement • S. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,Identify the firm and Individual providing legal the service. Owner Signature I certify that all of the Information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. owner Signature (i Bishop Barry C.Knestout THE MO`s( ?FVEe.f.t,iQ Print Name and Title i ,%i� /jai Date 1 • Revised 11.09,2020 7 I P a B e St.John the Apostle Catholic Church &School Agenda Item 7 Page 21 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 I I I I I I St.John the Apostle Catholic Church &School Agenda Item 7 Page 22 Item # 7 St. John the Apostle Catholic Church and School [Applicant] and The Roman Catholic Diocese of Richmond [Property Owner] Modification of Conditions (Religious Use and Private School) 1968 Sandbridge Road January 13, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Our next order of business is the Consent Agenda, which the Vice Chair will take over. Mr. Wall: Okay, thank you Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Application number 1, 4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with an amended condition or with an added condition concerning forested buffer. The Planning Commission also 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 supports the applications, and there are no speakers signed up to comment. These include agenda items number 21 , 23, 25, 26, and 27. Mr. Weiner: Thank you Commissioner Wall. Can I get a motion to approve the items on consent, please. Mr. Wall: I make a motion that these items be approved by consent. Ms. Klein: Second. Mr. Weiner: Okay. I got a approval by Commissioner Wall and a second by Ms. Klein, ready for vote. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. 1 Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: Vice Chair Wall. Mr. Wall: Yes. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Yes. Ms. Coleman: By a recorded vote of 10 for and zero against, agenda items 1,4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with the added condition for the 20-foot buffer, 21, 23, 25, 26, and 27 have been approved on the Consent Agenda. 2 AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. All conditions attached to the Conditional Use Permit for a Religious Use and school, dated August 24, 1993, are hereby deleted and superseded by the conditions below. 2. The site shall be in substantial conformance with the submitted site layout exhibit entitled, "CONCEPTUAL MASTER PLAN — ST. JOHN THE APOSTLE CHURCH AND SCHOOL — Virginia Beach, VA ", prepared by WPL, dated 12/12/2019, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled " ST. JOHN'S ARCHITECTURE" prepared by Waller Todd & Sadler, dated 12/12/2019 , which has been exhibited tot the Virginia Beach City Council and are on file in the Department of Planning & Community Development. 4. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development, Permits 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 the use of the proposed additions. 6. 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. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 3 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staff, unless otherwise approved by the Development Services Center. 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 0 r� z .` , � LLO Fe o ctl O o cooN cc-Y CV r' I I QQ o �rN IZ o I o Qco o [ ' , Ce la ani_q aainel P108 - . ig LL-iii , N a� U ! ji---- Ce o ' �N\N CO Z 7E fi E 0 [ fr 1 (D^ II (78 il .N.. .ctsl\\ �c o --� , O O , _ N N 0 1 E Eli2i C2 ‘ 0 I ' 1 H , ____ EL_I 0 0 . cari oHt ,62_ , ' Elc-,) I -ttie7 \ z\A •l\ Kt6,,1 , w U <- 1* \ . 3. '11 ° -a fro. \ Y' . . A , ..01 .0 0 cr) , 0 c)\* 9.ce o z J ♦ cr) . 1 ee4 /. �� I H 0 t) i AA++ 7 ` a) c ••- Z Q Z Ln1 , , \3. cn a N CO a i:T \ j ° - 0 0 a ` ct \ 0 0 40644 S . . l% CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: WILSON R. BALLANCE, JR. [Applicant & Property Owner] Conditional Change of Zoning (AG-2 Agricultural District to Conditional R-5D Residential District) for the property located at 621 Dam Neck Road (GPIN 2425250061). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: February 16, 2021 • Background: The applicant is requesting to rezone a 40,017 square foot parcel along Dam Neck Road from AG-2 Agricultural to Conditional R-5D Residential District. The existing single-family dwelling, constructed in 1950, will be demolished to create two single family building lots. Each lot exceeds the minimum lot size, lot width, and front yard setback requirements for the R-5D Residential District. A shared access for the two parcels is proposed with one driveway entrance along Dam Neck Road. The proffered elevations depict two-story dwellings with vinyl siding, asphalt shingles, vinyl double pane windows, and aluminum gutters. • Considerations: The request is consistent with the Comprehensive Plan's vision for the Suburban Area. It is recommended that development within this area focus on creating and maintaining great neighborhoods. The proposed single-family dwellings will improve the aesthetics for the adjoining property owners and those traveling along Dam Neck Road. The homes will be compatible with the surrounding residential dwellings along Dam Neck Road in size and design and the lots are consistent in lot width but exceed in lot area the surrounding residential uses. The utilization of a shared access does not increase the number of access points onto Dam Neck Road as the existing residence has driveway access at this time. The application was reviewed by the Joint City-Navy Review Process Group. The proposed density for the site is less than two units per acre and was deemed to be acceptable as it is consistent with the surrounding densities as recommended by the Comprehensive Plan and complies with Section 1804 of the Zoning Ordinance for AICUZ restrictions. A preliminary stormwater analysis is not required, due to the development consisting of only two single-family homes. As the site is located within the Southern Rivers watershed, an agreement in-lieu of a Stormwater Management Plan will be reviewed during the submission of the final site plan. Wilson R. Ballance, Jr. Page 2 of 2 Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. One letter of concern was provided addressing concerns related to heavy traffic on Dam Neck Road and safety of residents exiting their properties. • Recommendation: On January 13, 2021 , the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 10-0. • Attachments: Staff Report and Disclosure Statements Location Map Proffer of Agreement Minutes of Planning Commission Hearing Letter of Concern (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department/ / City Manager: , BApplicant& Property Owner Wilson R. Ballance, Jr. Agenda Item Planning Commission Public Hearing January 13, 2021 ,NI City Council Election District Princess Anne4 Virginia Beach Request Conditional Rezoning (AG-2 Agricultural District to Conditional R-5D Residential District) Staff Recommendation Approval ., 4 Staff Planner �" N Marchelle Coleman I ( 11 Days 1.Location - lc -1 I ais 621 Dam Neck Road GPIN0 %,,,_ # 2425250061 e - Site Size 40,017 square feet 41b. I AICUZ 65-70 dB DNL; Sub-Area 2 Watershed L...• Southern Rivers Existing Land Use and Zoning District Single-family dwelling/AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Dam Neck Road Undeveloped land / R-10 Residential South `' Single-family dwelling/ R-20 Residential t- East s Single-family dwelling/ R-20 Residential . West . .1-- Single-family dwellings, multi-family dwellings/ ;�_- R-55 Residential, R-5D Residential f -4.- Wilson R. Ballance, Jr. Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone this 40,017 square foot parcel along Dam Neck Road from AG-2 Agricultural District to Conditional R-5D Residential District to create two single-family residential building lots which is consistent with the adjacent residential developments. • The existing single-family dwelling on the property proposed to be demolished was constructed in 1950. Existing vehicular ingress/egress is provided along Dam Neck Road. • The R-5D Residential District requires a minimum lot size of 5,000 square feet, a minimum 50-foot lot width, and a minimum 20 foot front yard setback. As depicted on the proposed site layout plan,the applicant is proposing to demolish the existing single-family dwelling to create two single family building lots. One lot will be 20,099 square feet in size and the other will be 19,918 square feet. Each lot exceeds the minimum lot size, lot width, and front yard setback requirements for the R-5D Residential District. • The submitted proffered elevations depict a two-story dwelling with vinyl siding, asphalt shingles, vinyl double pane windows and aluminum gutters. • A shared access for the two parcels is proposed with one driveway entrance along Dam Neck Road. Per Section 203 of the Zoning Ordinance,two parking spaces per dwelling unit are required. As shown on the proposed site layout plan,this requirement will be met. • As the site is located in 65-70 dB Ldn noise zone within Sub-area 2 surrounding NAS Oceana, the application was considered by the Joint City-Navy Review Process (JRP) Group. Section 1804 (c) of the Zoning Ordinance provides regulations that apply to discretionary development applications for residential uses with this AICUZ. Details of the JRP's findings are provided in the Evaluation Section of this report. 2• ❑ Zoning History AG-2 (/' R-to 0.G.0 .'" # Request 1 1 CRZ(AG-2 to Conditional R-5S)Approved 08/23/2011 ---- Darn Nock Road 2 REZ(B-1A to R-20)Approved 06/27/1995 �;i i - 3 REZ(B-1A to R-20)Approved 11/24/1998 a.a`d,,` 1 r s��r��i ❑ MOD Approved 06/25/1995 < — i SVR Approved 06/25/1995 ' 3• g 5D REZ(AG-2 and B-1A to R-20)Approved 06/25/1995 ��' AG-2 CRZ(PD-H2(R-5D) &AG-2 to Conditional B-1A) .0 / Approved 02/09/1993 °Fos*` �; _? ` ' \ w S`? 1 4 MOD)Approved 12/18/2001 MOD Approved 03/24/1998 Ocean lake' MOD Approved 08/27/1991 R-, 4°d"e G CUP(Retirement Home)Approved 03/12/1990 vy D Y R D, II 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 Wilson R. Ballance,Jr. Agenda Item 4 Page 2 Evaluation & Recommendation The request to rezone this 40,017 square foot site from AG-2 Agricultural District to Conditional R-5D Residential, in Staff opinion, is consistent with the Comprehensive Plan's vision for the Suburban Area. Development within this area focuses on creating and maintaining great neighborhoods. Achieving this goal reflects on the ability for developments to maintain and enhance the existing neighborhood,to be compatible with surroundings, and provide quality and attractive buildings that provide effective buffering and livability. In Staff view and in conformance with the Comprehensive Plan,the proposed single-family dwellings will improve the aesthetics for the adjoining property owners and those traveling along Dam Neck Road. The homes will be compatible with the surrounding residential homes along Dam Neck Road in size and design and will be similar to the single-family homes west of the site. The proposed density of less than two units per acre complies with Section 1804 of the Zoning Ordinance for AICUZ restrictions. After a compatibility review of densities of surrounding properties, the JRP Group found that less than two units per acre is an acceptable density for this property and is consistent with surrounding densities. The JRP group finds this proposal to be consistent with the Comprehensive Plan and City Zoning Ordinance requirements for an infill project, as the density proposed is less than the surrounding properties. Traffic Engineering Staff reviewed the request and commented that the proposed shared driveway on Dam Neck Road is located in the right turn lane taper for the turn lane onto Bold Ruler Drive.The proposed driveway apron will be in the same general location as the existing driveway apron on the property. Traffic Engineering does not typically allow driveways in turn lane tapers. However, since the parcel's frontage is fully located in the length of the taper this access point will be allowed but may introduce a new safety issue for this area. Additional detailed comments will be provided during the site plan review process. While this site is located within the Southern Rivers watershed, a preliminary stormwater analysis is not required, as an agreement-in-lieu of a Stormwater Management plan will be reviewed prior to final site plan approval.This is due to the development consisting of only two single-family homes. Based on the considerations above, Staff recommends approval of this request subject to the proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be subdivided into two (2) single family residential building lots with a shared vehicular driveway entrance from Dam Neck Road with a home constructed on each substantially as shown on the exhibit entitled, "REZONING EXHIBIT FOR PARCEL 1, SUBDIVISION PLAT OF NORMA P. LANCASTER AND PARCEL B (M.B. 261, PG. 93)VIRGINIA BEACH,VIRGINIA", dated 10-27-2020, prepared by Gaddy Engineering Services, LLC, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter"Rezoning Exhibit") Proffer 2: The architectural design of the two (2) homes depicted on the Rezoning Exhibit will be substantially as depicted on the exhibit entitled, "PROPOSED ELEVATIONS LOCATED AT 621 DAM NECK RD, VIRGINIA BEACH", which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Wilson R. Ballance,Jr. Agenda Item 4 Page 3 Proffer 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on 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 Existing Land Use 2—10 ADT Dam Neck Road 21,540 ADT1 39,700 ADT 1(LOS 4"D") Proposed Land Use 3—20 ADT 'Average Daily Trips 2 as defined by a single-family 3 as defined by two single-family 4 LOS=Level of Service dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dam Neck Road, in this vicinity, is a four-lane divided major suburban arterial.There are no roadway CIP projects planned for this area. Public Utility Impacts Water The site currently connects to City water.There is an existing 12-inch City Water main along Dam Neck Road. Sewer City Sanitary sewer is not available along Dam Neck Road. There is an existing private sanitary sewer force main to the southeast of the property.The applicant intends to construct a private grinder pump station on each of the lots and pump to this force main.This force main ties into the City gravity sewer within Hecate Drive. 0 Wilson R. Ballance,Jr. Agenda Item 4 Page 4 Public Outreach Information Planning Commission • The applicant discussed the details of the request with the adjacent property owner to the west and no objections were raised. The applicant was unable to contact the property owner to the east to discuss the proposal. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 14, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, December 27, 2020 and January 3, 2021. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 28, 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 January 7, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 2021. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 1, 2021. • 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 February 12, 2021. Wilson R. Ballance,Jr. Agenda Item 4 Page 5 Proposed Site Layout DAM NECK ROAD (VAR MOIRRAY) (M$NP,R 6PO 157A-10 PROPOSED SHARED /ACCESS 688'2ED,E 31 PE SSE•dh B ,,F s 2,8 '7'36-E ,._ J. x >< t,1 ,AMOF 'A"'-' ]3F4R CRY ACN9Y.6UETY COM V.0-E!AYH, _mBLE F. t GAF llE 01,41-,040 I WALJea Fve aexer, ' PROPOSED ,..'l L PIEARCEL ;1 Z PI; a 1:11 rx m I rt841VN X N K A I i ' PROPOSED PROPOSED k ` PARCELIA PARCEL IB MRCS el..�. CEOa A COM I..FA YJWM CON OAR AOSJOJKl So.AM pIY Am•2 SP 1I 1 I 1 4 I L_A'A}j_ 3Fg • 8ge .. . ' .!r R NBB'041'OHW ICC.00' A� _ — .. pVAM,lG An Wilson R. Ballance,Jr. Agenda Item 4 Page 6 Proposed Elevations - 1 i I OUP ■■ mi— al . I .. i / t l ,.' . i z $ ' gw & d 62 6 z (9 S g z Y U 3NIl AlHf3dOLld O = >N C2 .4 Z z f-Q _z =m C) 5 ' • - Ca- C)C] 2{y *{n J 5 4 W { -l -_jI I Mr \I , ,.., Wilson R. Ballance,Jr. Agenda Item 4 Page 7 Site Photos ...e. • "+M{.' '1.,. 1 Ail 'lir / • .X.✓ • 't -Q s j • + A t -x •-' f� t F. - !! I A . 1 . t ..... ilr Wilson R. Ballance,Jr. Agenda Item 4 Page 8 Disclosure Statement Disclosure Statement \13 City of Vi pir®Beath Planning&Community "�� """" Development - FY - The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Reach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Wilson R.Ballance,Jr. Does the applicant have a representative? ®Yes 0 No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes •No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code§2.2-3101 "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va, Code§2.2-3101. 11 Wilson R. Ballance,Jr. Agenda (tern 4 Page 9 Disclosure Statement Disclosure Statement City o/Vimirrio Planning&Community R Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes i No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property-, ❑Yes ■ No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor fo•cur Ent and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the real estate broker/realtor 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm or individual providing the service S. Is there any other pending or proposed purchaser of the subject property?0 Yes • No • If yes,identify the purchaser and purchaser's service providers. ] 1 Wilson R. Ballance,Jr. Agenda Item 4 Page 10 Disclosure Statement Disclosure Statement AB CYt o......Bads ,. Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ® No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?IN Yes 0 No • If yes,identify the engineer/surveyor/agent Mike Gaddy,Gaddy Engineering Services,LLC 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?III Yes ❑ No • If yes,identify the name of the attorney or firm providing legal services. R.Edward Bourdon,Jr.,Esq,Sykes,Bourdon,Ahern&levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public bod or committee in connection with this application. Applicant Signet re / Wilson R.Ballance,Jr. Print Name and Title October 28,2020 Date Is the applicant also the owner of the subject property? Oili Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No ci,angcs as or I Date 1/27/2021 signature ,IV4% Print Name Marchelle L. Coleman 31 Wilson R. Ballance,Jr. Agenda Item 4 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Wilson R. Ballance,Jr. Agenda Item 4 Page 12 Item # 4 Wilson R. Balance, Jr. [Applicant & Property Owner] Conditional Rezoning (AG-2 Agricultural District to Conditional R-5D Residential District) 621 Dam Neck Road January 13, 2021 RECOMMENDED FOR APPROVAL — CONSENT Mr. Weiner: Thank you. Our next order of business is the Consent Agenda, which the Vice Chair will take over. Mr. Wall: Okay, thank you Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Application number 1, 4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with an amended condition or with an added condition concerning forested buffer. The Planning Commission also 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 supports the applications, and there are no speakers signed up to comment. These include agenda items number 21 , 23, 25, 26, and 27. Mr. Weiner: Thank you Commissioner Wall. Can I get a motion to approve the items on consent, please. Mr. Wall: I make a motion that these items be approved by consent. Ms. Klein: Second. Mr. Weiner: Okay. I got a approval by Commissioner Wall and a second by Ms. Klein, ready for vote. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. 1 Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: Vice Chair Wall. Mr. Wall: Yes. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Yes. Ms. Coleman: By a recorded vote of 10 for and zero against, agenda items 1,4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with the added condition for the 20-foot buffer. 21, 23, 25, 26, and 27 have been approved on the Consent Agenda. 2 AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE PROFFERS: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be subdivided into two (2) single family residential building lots with a shared vehicular driveway entrance from Dam Neck Road with a home constructed on each substantially as shown on the exhibit entitled, "REZONING EXHIBIT FOR PARCEL 1, SUBDIVISION PLAT OF NORMA P. LANCASTER AND PARCEL B (M.B. 261 , PG. 93) VIRGINIA BEACH, VIRGINIA", dated 10-27-2020, prepared by Gaddy Engineering Services, LLC, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Rezoning Exhibit") Proffer 2: The architectural design of the two (2) homes depicted on the Rezoning Exhibit will be substantially as depicted on the exhibit entitled, "PROPOSED ELEVATIONS LOCATED AT 621 DAM NECK RD, VIRGINIA BEACH", which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3 Proffer 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 4 c)xl *BEA 04`4, c�i CITY OF VIRGINIA BEACH . • �-' -' `` :� INTER-OFFICE CORRESPONDENCE cei F 5 OUR NP110N In Reply Refer To Our File No. DF-10570 DATE: February 3, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wils DEPT: City Attorney RE: Conditional Zoning Application; Wilson R. Balance, Jr. The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 16, 2021. I have reviewed the subject proffer agreement, dated October 28, 2020 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom WILSON R. BALLANCE,JR. TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 28th day of October, 2020, by and between WILSON R. BALLANCE, JR., Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 40,017 square feet which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to Conditional R-5D Residential District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community GPIN: 2425-25-0061-0000 PREPARED BY: S L% SYKES.DOURDON, Prepared by: AHERN&LEVY.R.C. R.Edward Bourdon,Jr.,Esquire(VSB#22160) Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property,the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, his successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, his successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be subdivided into two (2) single family residential building lots with a shared vehicular driveway entrance from Dam Neck Road with a home constructed on each lot substantially as shown on the exhibit entitled, "REZONING EXHIBIT FOR PARCEL 1, SUBDIVISION PLAT OF NORMA P. LANCASTER AND PARCEL B (M.B. 261, PG. 93) VIRGINIA BEACH, VIRGINIA", dated 10-27-2020, prepared by Gaddy Engineering Services, LLC,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Rezoning Exhibit"). 2. The architectural design of the two(2) homes depicted on the Rezoning Exhibit will be substantially as depicted on the exhibit entitled, "PROPOSED ELEVATIONS LOCATED PREPARED BY. AT 621 DAM NECK RD,VIRGINIA BEACH",which has been exhibited to the Virginia Beach City S.B SYKES.BOURDON. Council and are on file with the Virginia Beach Department of Planning. 1- AHERN&LEVY.P.C. 2 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to the R-5D Residential District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia,in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, PREPARED BY: S.t3 SYKES.BOURDON, or proceeding; 1 I AHIERN&LEVY.P.C. (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: S 13 SYK£S.BOURDON. 1'L AII£RN&LEVY.P.C. 4 WITNESS the following signature and seal: Grantor: OINk /2/141411. (SEAL) ilson '.Ballance,Jr. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 28th day of October,2020, by Wilson R. Ballance,Jr., Grantor. NfThinv -7\ j°1' ,. 6 Notary Public G('j6;74•4 My Commission Expires: August 31, 2022 Nr�F,AI.Th �1•.� Notary Registration Number:192628 ze ti� 6 v: n: 4. °O 47 '4y b� rvor(pc;1p •••,flh.. ••'• PREPARED BY: WI SYYES,I30URDON, nil AIIERN&LEVY,P.C. 5 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach,Virginia (formerly Seaboard Magisterial District, Princess Anne County, Virginia), and bounded and described as PARCEL 1 as shown on that certain plat entitled,"SUBDIVISION PLAT OF PROPERTY OF NORMA LANCASTER(D.B. 2279, P. 992) AND PARCEL B (D.B. 2456, P. 1474) PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA", and said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 261,at Page 93. GPIN: 2425-25-0061-0000 H:\AM\Conditional Rezoning\Ballance\Proffer Agreement.docx PREPARED BY: S!B SYK£S.IlOURDON. \ I- MHO&LKYY.P.C. 6 From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW: Planning Commission Agenda Item 4 Date: Tuesday,January 26,2021 9:08:34 AM From:Jane Bloodworth Rowe<janebloodworthrowe( gmail.com> Sent:Wednesday,January 13, 2021 10:39 AM To: Hoa N. Dao<HDaoPvbgov.com> Subject: Planning Commission Agenda Item 4 CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Members, Planning Commission: I have some concerns about an application for a conditional rezoning of property at 621 Dam Neck Road, which will come before you at today's meeting. I am not necessarily opposed to this request, but I am concerned about ingress and egress on the south side of Dam Neck Road, which is becoming increasingly developed. Homeowners traveling westbound have no obvious way to leave their property except to make a u-turn at the intersection with Bold Ruler Drive.There is, as you know, a number of people commuting to and from Dam Neck Naval Base who go through that intersection, and there is also, increasingly, a problem with speeding and drag racing along that road. I think that, if development continues, safety issues and the question of traffic flow should be addressed because these homeowners are being placed in a very vulnerable position when they try to exit their property. Thanks for your attention. Jane Bloodworth Rowe v7N -- a it * ,o,f '•& ,fill '6 Mic Ng 0 C4 , o o N N 09 1141104 Ci 441/ Al* 73 F,) i :II% ' 'aPATArl, t 0,0 ill* Naf coo .. ce.' co w 1 / 4c1 a. -------_, ii 0 z . ,C). N- _Ic co J 5s: 0 < Z - N ,Q NN\ � E 0 m � 000, N :\\ Z90 , i � Ni, G o �o .a o CD u OOili Am,,,,e--- ---„ _ -... i ----___) , i co r% 8y1oo ,atpriplas, imeg:sica_ i li. i --- --- -- - 0. • ,8 ✓61 I . e- kv./ DC N I z Q • cr) . Pit CO • �i rn ,_ i 4z1 6 ' o 11(/ a 0 4wratt � a. Nma. o ar v- Al X 0 0 ' • ,��-p� ' ,► • /f 0:/L ( r a�`--"z-:y"i ro' ': ..e. ��1 i� i- �7I 4 c. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: OLD DAM NECK, LLC [Applicant] OLD DAM NECK, LLC; FRANCES G. WILLIS; WILLIAM E. GILBERT; BONNIE J. GARRETT; CATHERINE D. MEREDITH; & JOHN J. WEINBRECHT, JR.[Property Owners] Conditional Change of Zoning (AG-2 Agricultural District to Conditional B-2 Community Business District) Conditional Use Permit(Mini-warehouse)for the property located at 1081, 1087, 1089 Old Dam Neck Road & adjacent parcel west of 1089 Old Dam Neck Road (GPINs 2415540866, 2415541885, 2415543854). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: February 16, 2021 • Background: The applicant is seeking a Conditional Rezoning of 4.46-acre from AG-2 Agricultural District to Conditional B-2 Community Business District, as well as a Conditional Use Permit for a Mini-warehouse in order to construct a three-story, 169,000 square foot, climate-controlled self-storage facility. Two of the three parcels are developed with single-family dwellings that will be demolished for the construction of the storage facility. The area is located in the highest noise zone, greater than 75 dB DNL, where residential uses are incompatible. The proffered elevations depict a 45-foot tall, contemporary earth-tone building with exterior building materials of architectural metal panels, brick veneer, EIFS, and stucco. The building placement is proposed along General Booth Boulevard with parking and the stormwater management facility in the rear of the site. There will be no vehicular access from Old Dam Neck Road. Access to the site will be via a shared access easement with the Dam Neck Crossing Shopping Center. Landscape buffers and fencing are proposed around the mini-warehouse facility to screen the use from the right-of-way and adjacent residence. The proposed I landscaping appears to meet the requirements of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during final site plan review • Considerations: As the property is within the highest noise zone of >75 dB DNL, where residential uses are incompatible, rezoning of the agriculturally-zoned property located near a very busy intersection to a commercial district is appropriate. The Comprehensive Plan's guiding principle with regard to infill development states Old Dam Neck, LLC Page 2 of 3 "development within existing neighborhood or on parcels being redeveloped should be compatible to the existing development around it." The site abuts commercially-zoned parcels (B-2 Community Business District) to the north, west, and south. Immediately adjacent to the north and south is a large shopping center. Based on these facts, the rezoning will be consistent with the development pattern found along this portion of General Booth Boulevard. In addition, the proposed storage facility provides a convenience service to the surrounding businesses and residences with minimal impacts to the City infrastructures. The proposed wet pond stormwater management facility (SWMF) on the east side of the proposed building and parking and is designed to provide both water quality and water quantity treatment. The Development Services Center reviewed the preliminary stormwater management design and finds that the proposed conceptual stormwater management strategy has the potential to successfully comply with the stormwater requirements for this site. Final design and detailed updates will be made during site plan submittal. There will be no vehicular access from Old Dam Neck Road; therefore, the adjacent residential community will not experience changes in the number of vehicles within the neighborhood or to the pattern of traffic. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On January 13, 2021 , the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 10-0. The following conditions apply to the Conditional Use Permit. The proposed proffers are attached. 1 . All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 2. 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. 3. The final stormwater plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis utilizing the same basis of design, unless otherwise approved by the DSC. Old Dam Neck, LLC Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6 .*0 City Manager: Applicant Old Dam Neck, LLC Agenda Property Owners Old Dam Neck, LLC; Frances G. Willis; William E. Items Gilbert; Bonnie J. Garrett; Catherine D. Meredith; &John J. 10 & Weinbrecht,Jr 11 Planning Commission Public Hearing January 13, 2021 Virginia Beach City Council Election District Princess Anne Requests #10- Conditional Rezoning (AG-2 Agricultural District to Conditional B-2 Community Business District) #11-Conditional Use Permit (Mini- warehouse) Staff Recommendation - Approval Staff Planner Hoa N. Dao Location 1081, 1087, 1089 Old Dam Neck Road & adjacent parcel west of 1089 Old Dam Neck 1 Road GPINs 2415540866, 2415541885, 2415543854 Site Size 4.46 acres AICUZ !girt-to •u._.. • 70-75 dB DNL Watershed 4 ' + } • , Southern Rivers "+"' 'r •ttk' Rt A e •` S. A Existing Land Use and Zoning District "� ; 3 . Single-family dwellings/AG-2 Agricultural w'f , '' .r�� + 44' �" tip +i+b 2� 1 0 Surrounding Land Uses and Zoning Districts • 1, 4' • :1, North .r.R` N" • { w r71. am Old Dam Neck Road 4 Automotive repair garage, single-family dwelling / B-2 Community Business &AG-2 A - � .'" , =f,- - ; . • - Agricultural _� R ` South ow . . • Shopping center/ B-2 Community Business East Single-family dwelling/AG-2 Agricultural West General Booth Boulevard Shopping center/ B-2 Community Business Old Dam Neck, LLC Agenda Items 10& 11 Page 1 Background & Summary of Proposal • The subject site, consisting of three parcels, is zoned AG-2 Agricultural District and is along General Booth Boulevard just south of the Dam Neck Road/General Booth Boulevard intersection. Two of the three parcels are developed with single-family dwellings. • The applicant requests to rezone the 4.46-acre site from AG-2 Agricultural District to Conditional B-2 Community Business District in order to construct a three-story, 169,000 square foot, climate controlled self-storage facility.The Zoning Ordinance identifies "mini-warehouse" as a conditional use in the B-2 Community Business District; therefore,a Conditional Use Permit is also required and requested. • The conceptual layout plan depicts the building placement along General Booth Boulevard at the minimum 30-foot front setback with parking and the stormwater management facility in the rear of the site, closest to the existing residences to the west. Plantings that include a mix of trees and shrubs throughout the site. • A six-foot high,wrought-iron style fence, and a 15-foot wide landscape buffer is proposed along the western property line adjacent to property zoned AG-2 Agricultural District and developed with a single-family dwelling. • The submitted Lighting Plan indicates that the free-standing and building-mounted lights will be shielded and directed downward.The proposed fence, landscape buffer, and lighting all appear to meet the requirements of Section 237 of the Zoning Ordinance for mini-warehouses. • The submitted and proffered elevations and renderings depict a 45-foot tall, contemporary earth-tone building with exterior building materials of architectural metal panels, brick veneer, EIFS, and stucco. • Per Section 203 of the Zoning Ordinance,three parking spaces are required for the mini-warehouse use.The submitted plan depicts eight parking spaces,thereby exceeding the parking requirement by five spaces. r_ Dam Nod,Road /�� d: Zoning History .r # Request sa' / , �� 1 CUP(Tattoo Parlor)Approved 09/08/2020 `' • ��°''N. ` CUP(Indoor RecreationFacility)Approved pproved 05/16/2017 s j 0 / CUP(Motor Vehicle Rentals)Approved 05/27/2014 k e n • // ,. \ 2 CUP(Car Wash Facility)Approved 11/20/2018 € / 3 CUP(Automobile Repair Garage)Approved 02/16/2016 •T MOD(AG-2 to Conditional 0-2)Approved 02/11/2014 d°� �7 `� f CUP(Automobile Service Station)Approved 12/13/1995 4l p;/ 7 6 2 4i , !SD' 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 Old Dam Neck, LLC Agenda Items 10& 11 Page 2 Evaluation & Recommendation Staff finds the proposed rezoning and Conditional Use Permit requests to construct a three-story self-storage facility to be acceptable. Rezoning the agriculturally-zoned property located near a very busy intersection to a commercial district is appropriate.The Comprehensive Plan's guiding principle with regard to infill development states "development within existing neighborhood or on parcels being redeveloped should be compatible to the existing development around it." The site abuts commercially-zoned parcels (B-2 Community Business District)to the north, west, and south. Immediately adjacent to the north and south is a large shopping center. Based on these facts,the rezoning will be consistent with the development pattern found along this portion of General Booth Boulevard. In addition,the proposed storage facility provides a convenience service to the surrounding businesses and residences with minimal impacts to the City infrastructures. The two existing dwellings will be demolished for the construction of the storage facility, and while there are existing single-family dwellings in the vicinity,the area is located in the highest noise zone,greater than 75 dB DNL,where residential uses are incompatible. The proposed storage facility is deemed a compatible use as per Section 1804 of the Zoning Ordinance. Thorough consideration has been given to the site layout for the proposed development to minimize any impacts to the adjacent dwellings located east and north of the subject site. This includes the building footprint adjacent to General Booth Boulevard with the drive aisle between the stormwater management pond and the building. The location of the pond provides a significant buffer between the three-story building and the existing homes,with the closest dwelling approximately 220 feet from the proposed building. As mentioned above,the proposed lighting, landscape buffers and fencing appear to meet the requirements of Section 237 of the Zoning Ordinance for a mini-warehouse facility. A more detailed review of all screening and planting requirements will occur during final site plan review. As proffered, access to the site will be via a shared access easement with the Dam Neck Crossing Shopping Center as depicted on the Layout Plan. There will be no vehicular access from Old Dam Neck Road;therefore,the adjacent residential community will not experience changes in the number of vehicles within the neighborhood or to the pattern of traffic. Furthermore, no concerns were raised by Traffic Engineering Staff as the use of a storage facility generates very low traffic volume. The Development Service Center(DSC) Staff reviewed the preliminary stormwater analysis and agrees that the proposed stormwater management strategy has the potential to successfully comply with the stormwater requirements for this site. Further details of the proposed stormwater management strategy is discussed below in this report. Based on this, the replacement of the existing woods with the planned development will not result in stormwater changes for the surrounding properties. Based on the considerations above, Staff recommends approval of this request subject to the proffers and the conditions noted below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)).Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Old Dam Neck, LLC Agenda Items 10& 11 Page 3 Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibits entitled, Layout Plan for General Booth Blvd Mini Price Storage Virginia Beach,Virginia", dated November 20, 2019, and prepared by Site Improvement Associates, Inc. ("Site Plan") and "Conceptual Landscape Plan, General Booth Blvd Mini Prince Storage Virginia Beach,VA", dated November 20, 2019 ("Landscape Plan"),which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Proffer 2: The exterior of the building depicted on the Site Plan shall be substantially similar in appearance, architectural features and materials as depicted on the two (2) exhibits entitled, General Booth Boulevard—Mini Price Storage Conceptual Renderings",dated November 20, 2019 and "General Booth Boulevard Mini Price Storage Building Elevations", dated November 20, 2019, prepared by Finley Design,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Proffer 3: As depicted on the Site Plan,the access to this commercial property shall be solely from General Booth Boulevard using the existing shared commercial entrance with the adjacent Dam Neck Crossing Center. Until the pending Cross Access (Ingress and Egress) Easement with the adjacent property is fully executed and recorded to provide the access depicted on the proffered Site Plan,the Property cannot be developed. Proffer 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable as they provide a high level of predictability with regard to building location, design, and exterior materials; as well as information on vehicular access. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 2. 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. 3. The final stormwater plan submitted to the Development Services Center(DSC)shall be in substantial conformance with the preliminary stormwater analysis utilizing the same basis of design, unless otherwise approved by the DSC. 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. Old Dam Neck, LLC Agenda Items 10& 11 Page 4 Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—40 ADT General Booth Boulevard 30,500 ADT1 32,700 ADT'(LOS°"D") Proposed Land Use 3—251 ADT 1 Average Daily Trips 2 as defined by two single-family 3as defined by a 169,000 sq.ft. °LOS=Level of Service dwellings mini-warehouse Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of General Booth Boulevard is a four-lane major suburban arterial, controlled access roadway,with variable (120 feet to 160 feet) right-of-way width. General Booth Boulevard is designated in the MTP as a six-lane, 150 feet right- of-way width arterial.There is no CIP project slated for this portion of the roadway. Public Utility Impacts Water This site currently connects to City water.The two(2) existing 5/8" meters (City ID#95132187) and (City ID#95128928) may be used or upgraded to accommodate the proposed development. Sewer The site currently connects to City sanitary sewer service. Stormwater Impacts Project Stormwater Design Staff Summary The project site is divided into 2 drainage areas with the majority of the proposed self-storage project designed to convey stormwater runoff to a proposed wet pond stormwater management facility(SWMF). The majority of the site (4.17 acres)will drain to the proposed SWMF before flowing to the existing public drainage system within the General Booth Boulevard right-of-way and ultimately outfalling to an existing outfall at Lake Red Wing.The remaining to 0.34 acres of the site will continue to drain towards Old Dam Neck Road. The proposed SWMF is on the east side of the proposed building and parking and is designed to provide both water quality and water quantity treatment. The provided preliminary stormwater management design demonstrates adequate conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5' of sea-level rise (SLR). The stormwater model evaluation included an offsite analysis to verify that the project will not have a negative impact or increase flooding levels on the existing stormwater system upstream or downstream of the project. Based on the information provided by Site Improvement Associates, Inc. in the preliminary stormwater analysis,the Development Services Center finds that the proposed conceptual stormwater management strategy has the potential to Old Dam Neck, LLC Agenda Items 10& 11 Page 5 successfully comply with the stormwater requirements for this site. Final design and detailed updates will be made during site plan submittal. More detailed project stormwater information is listed below. Project Information Total project area:4.51 Acres Pre-Development impervious area: 0.35 Acres Post-Development impervious area: 2.70 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: Yes Does the analysis incorporate into design increased rainfall amounts (NOAA plus 20%)and account for 1.5' SLR: Yes Stormwater Management Facility Design Information Type of facility proposed: Wet Pond Total storage volume provided in proposed stormwater management facility: 149,865 cubic feet Description of outfall: Runoff leaves the site in two directions. Stormwater from the wet pond will connect into the existing General Booth Boulevard storm sewer system. A small area will continue to flow east to an existing ditch, then into the Old Dam Neck Road drainage ditch system, but this area is reduced by 92%from existing conditions and does not include any impervious area. These 2 drainage systems connect back together at the corner of Dam Neck Road and General Booth Boulevard. Downstream conveyance path:The General Booth Boulevard storm sewer system drains into an existing ditch south of Red Wing Park that leads to Red Wing Lake,then into Lake Tecumseh, which outfalls through Ashville Bridge Creek into Back Bay. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required:4.46 lb/yr Method of treatment proposed: 2.91 lb/yr of phosphorous load is removed with the wet pond, and the remaining 1.55 lb/yr will be accounted for by purchasing nutrient credits from an approved nutrient bank during detailed site plan review. Stormwater Quantity Compliance Design Information Channel protection: Provided stormwater model demonstrates non-erosive velocities of stormwater discharge. Flood protection:Attenuation of peak flow rates with reduction in hydraulic grade line (HGL)for 10-year storm in all evaluated structures downstream of project site that currently experience flooding. There are increases and decreases in peak HGL(water surface elevation)throughout the modeled drainage system, but all increases are contained within the storm sewer system structures or pipes. 100-Year storm evaluation: Stormwater modeling demonstrates project meets requirement of no increase (0.00' increase in HGL)to any existing flooded areas. There are increases and decreases in peak HGL throughout the modeled drainage system, but the increases are contained within the stormwater system and there are no increases in areas of existing flooding. Sea-Level Rise: Project evaluated, and stormwater modeling demonstrates proposed structures will not be inundated with stormwater during 100-year(including 1.5'SLR) storm event. Old Dam Neck, LLC Agenda Items 10& 11 Page 6 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 27, 2020 and January 3, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 28, 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 January 7, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 1, 2021 • 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 February 12, 2021. Old Dam Neck, LLC Agenda Items 10& 11 Page 7 Proposed Site Layout .` ijw OW DAM NECK ROAD(VARIABLE WIDTH RAW) STATE ROUTE h :, .V.,,.. . i j r. WOO __:.ate r -sue — \I -.... ...,,A... li 1:1 ir 10:et. —_ i I, 3 1 I) I II :. i,t. t.------- 4-4------- ' • , , t / i ,I f a-— l I ! : \\\ 1 • , i' fry 0 ; 1 i1\ m 3 I I �l w Z I C � .. Ill i we am,w, L ' . . .,I,„„I. , . ,,:igiffieii ,.. 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LL JAIL11 9.9L4/ r. b r OA lt9 3ll101.31ViS o�n37llpg H1008 lya3N30 • Old Dam Neck, LLC Agenda Items 10& 11 Page 9 Proposed Elevation Plan I , ii Jae i, .at ,,L •'.; i .0 M It 9 7-I:Li 17-1TELL - 4 L.121 Il t v tt > ",.. 1 g: . 7 ..;.<• a -- Err' =III --- .9.?* r-*J- (---1- ,_ . IMIN3 'III 1- r) _...._. .., !TT- Trr 111 "••••""4 IV- Csi [XS OM,,• 'rri t 11:1---LIT I i li / Ir 1u Lti _J I , „ • 1111M1111111111 t LLI _11. 1 t .irn. ,irliii _A I 'TT -Tr 11El Da = LLL _LL I f JrMI 1. 1 .,-.. 9.-E.-IL- r.,. I, ! ...._.. ..... ,.... . - IF . --,----. . ... I. ., • I I- .•-___!_,, •1 f • mi (3= 4 IJIT rEr mr .1 4.. i .i 1:73 CM _ii i ti *MI . Mt a7C i 1 LU LU . Cla UEL . cri in _ NB 1 eur-1 i Atfc tir III, ,Iii" g 'i .EC! .M 1 - ,_ER CD .....-... .0 • . — , 4 i . 1 : ill AL t , ---1,-.1 1 mM Co ! - in in . c Old Dam Neck, LLC Agenda Items 10& 11 Page 10 Proposed Rendering ,-- - Rr,mn f 1.Ullla � Cfi.S EMIR t 'Ji. 1. \ t ' ; i 1 1 V\\ \' \tin Viiiiiiiiiiiiihnit LLY!lleO.C__ V I I 'tsw ir • Old Dam Neck, LLC Agenda Items 10& 11 Page 11 Site Photos • a. = EUi •i 11 It r • `. - F," b ebb _ a : £ v� 4 <� 4 -nay< re f ' .i.,\. . :. ;..". . . . - , • • \'' ' e . . .i,... t, , . .. . i All i _ Q � y -;4- !Ill.k !l C ry . ! - Old Darn Neck, LLC Agenda Items 10& 11 Page 12 Site Photos V,,, .......A1 ___- _ ter .. 2 , Google Street View Old Dam Neck, LLC Agenda Items 10& 11 Page 13 Disclosure Statement 1B Virginia Beach APPLICANT'S NAME Old Dam Neck, L.L.C. 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. 4 . ♦ SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be op+iated tv:c i2i weeks puit'to any i Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicattonisj. 1 • El APPLICANT NOTIFIED OF HEARING - ® NO CHANGES AS OF 01.28.2021 /%�/_// ❑ REVISIONS SUBMIT TED _ �'F/ Old Dam Neck, LLC Agenda Items 10& 11 Page 14 Disclosure Statement .\13 Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IXI Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Old Dam Neck, L.L.C. If an LLC, list all member's names: Michael D Sifen, President 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 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_jfproperty owner is different from Applicant. Inl Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. nCheck 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:Frances G.Willis; If an LLC, list the member's William E. Gilbert& Bonnie Jane Garrett names: Page 2 of 7 Old Dam Neck, LLC Agenda Items 10& 11 Page 15 Disclosure Statement 1A3 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. lnl Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Old Dam Neck, L.L.C. If an LLC, list all member's names: Michael D. Sifen, President 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. lnl Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. I I 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:Catharine D.Meredith& If an LLC, list the member's John Joseph Weinbrecht,Jr. names: Page 2 of 7 Old Dam Neck, LLC Agenda Items 10& 11 Page 16 Disclosure Statement 1/13 Virginia Bea 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 I 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 S0 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" 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 COMP!FTE THE SECTION SEPERATELY Page 3 of 7 Old Dam Neck, LLC Agenda Items 10& 11 Page 17 Disclosure Statement APPLICANT Virginia Beach YES I NO 1 SERVICE I PROVIDER(use additional sheets If needed) I^ [1 Accounting and/or preparer of your tax return Architect/Landscape Architect/ Finley Design Land Planner v Contract Purchaser(if other than I1 /< 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 Michel D.Sifen,Inc. X [ Engineers/Surveyors/Agents Site Improvement Associates,Inc. Financing (include current Unknown;possibly TowneBank or F F I mortgage holders and lenders Atlantic Union I^I LJ selected or being considered to provide financing for acquisition or construction of the property) n Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers/ Troy Parker,Parker Burnell Group `r 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 ❑ z 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 Old Dam Neck, LLC Agenda Items 10& 11 Page 18 Disclosure Statement \/13 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_ Oki Daryl Ne k,L.L. Q IAA Michael D.Sifen, President )�-)6'1q FIT fw APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 Old Dam Neck, LLC Agenda Items 10& 11 Page 19 Disclosure Statement • OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ICI Accounting and/or preparer of your tax return 1 1 IX, Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 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) Iin Construction Contractors XEngineers/Surveyors/Agents Financing(include current MERS/SunTrjst Mortgage,Inc X I 1 I mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 7 Legal Services Real Estate Brokers/ Mike Roach.Dynamic Commercial IXI n Agents/Realtors for current and Real Estate Advisors anticipated future sales of the subject ro ert 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 Imo) 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 Old Dam Neck, LLC Agenda Items 10& 11 Page 20 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. _ ___ _ Catharine D. Meredith tv. A,N0.1.ti-� s•�� ti i Z a3 MI PROPERTY ORS SIGNATURE PRINT NAME DATE L.i 1�rf 2 John Joseph Weinbrecht,Jr;?.:i5-�2)�i Y c. Old Dam Neck, LLC Agenda Items 10& 11 Page 21 Disclosure Statement A/13 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) IXI Accounting and/or preparer of LJ your tax return II X Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I >/ purchaser of the subject property /� (identify purchaser(s)and purchaser's service providers) n ❑X Construction Contractors Inl 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/ Mike Roach,Dynamic Comme-cial Agents/Realtors for current and Real Estate Advisors 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 I 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 Old Dam Neck, LLC Agenda Items 10& 11 Page 22 Disclosure Statement V13 Virginia Beach UCERTIFICATION: 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 / Frances G Willis t�sctc� L1' -f la-I3—�y PROPERTY OWNER'S SIGNATURE PRINT NAME DATE William E Gilbert Bonnie Jane Garrett Page 7 of 7 Old Dam Neck, LLC Agenda Items 10& 11 Page 23 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. Frances G.Willis PROPERTY OWNER'S SIGNATURE PRINT NAME DATE %2./,,iLL-.4 c� .:L / .: William E. Gilbert i- - Pr Bonnie Jane Garrett Page 7 of 7 Old Dam Neck, LLC Agenda Items 10& 11 Page 24 Disclosure Statement Virginia+Bea:h rCERTIFICATION: i certify that all of the information contained in this Disclosure Statement Form 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. Frances G.Willis PROPERTY OWNER'S SIGNATURE PRINT NAME DATE William E. Gilbert r t/N ' ' Bonnie Jane Garrett !/3;2-o Page 7 of 7 Old Dam Neck, LLC Agenda Items 10& 11 Page 25 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. Old Dam Neck, LLC Agenda Items 10& 11 Page 26 Items # 10 & 11 Old Dam Neck LLC [Applicant] and Old Dam Neck, LLC, Frances G. Willis, William E. Gilbert, Bonnie J. Garrett, Catherine D. Meredith & John J. Weinbrecht, Jr. [Property Owners] Conditional Rezoning (AG-2 Agricultural District to Conditional B-2 Community Business District) Conditional Use Permit (Mini-Warehouse) 1081, 1087, 1089 Old Dam Neck Road & adjacent parcel west of 1089 Old Dam Neck Road January 13, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Our next order of business is the Consent Agenda, which the Vice Chair will take over. Mr. Wall: Okay, thank you Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Application number 1, 4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with an amended condition or with an added condition concerning forested buffer. The Planning Commission also 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 supports the applications, and there are no speakers signed up to comment. These include agenda items number 21, 23, 25, 26, and 27. 1 Mr. Weiner: Thank you Commissioner Wall. Can I get a motion to approve the items on consent, please. Mr. Wall: I make a motion that these items be approved by consent. Ms. Klein: Second. Mr. Weiner: Okay. I got a approval by Commissioner Wall and a second by Ms. Klein, ready for vote. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. lnman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. 2 Ms. Coleman: Vice Chair Wall. Mr. Wall: Yes. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Yes. Ms. Coleman: By record vote of 10 for and zero against, agenda items 1,4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with the added condition for the 20- foot buffer. 21, 23, 25, 26, and 27 have been approved on the Consent Agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE PROFFERS: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§ 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. 3 Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibits entitled, Layout Plan for General Booth Blvd Mini Price Storage Virginia Beach, Virginia", dated November 20, 2019, and prepared by Site Improvement Associates, Inc. ("Site Plan") and "Conceptual Landscape Plan, General Booth Blvd Mini Prince Storage Virginia Beach, VA", dated November 20, 2019 ("Landscape Plan"), which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Proffer 2: The exterior of the building depicted on the Site Plan shall be substantially similar in appearance, architectural features and materials as depicted on the two (2) exhibits entitled, General Booth Boulevard - Mini Price Storage Conceptual Renderings", dated November 20, 2019 and "General Booth Boulevard Mini Price Storage Building Elevations", dated November 20, 2019, prepared by Finley Design, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Proffer 3: As depicted on the Site Plan, the access to this commercial property shall be solely from General Booth Boulevard using the existing shared commercial entrance with the adjacent Dam Neck Crossing Center. Until the pending Cross Access (Ingress and Egress) Easement with the adjacent property is fully executed and recorded to provide the access depicted on the proffered Site Plan, the Property cannot be developed. Proffer 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable as they provide a high level of predictability with regard to building location, design, and exterior materials; as well as information on vehicular access. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 4 CONDITIONS: 1. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 2. 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. 3. The final stormwater plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis utilizing the same basis of design, unless otherwise approved by the DSC. 5 E L CITY OF VIRGINIA BEACH u INTER-OFFICE CORRESPONDENCE OUR N 4' Pt��N In Reply Refer To Our File No. DF-10565 DATE: February 3, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Old Dam Neck, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 16, 2021. I have reviewed the subject proffer agreement, dated December 18, 2019 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom i OLD DAM NECK, L.L.C., a Virginia limited liability company CATHARINE D. MEREDITH and JOHN JOSEPH WEINBRECHT, JR. FRANCES G. WILLIS, WILLIAM E. GILBERT and BONNIE JANE GARRETT TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 18th day of December, 2019, by and between OLD DAM NECK, L.L.C., a Virginia limited liability company, party of the first part, Grantor; CATHARINE D. MEREDITH and JOHN JOSEPH WEINBRECHT, JR., husband and wife, parties of the second part, Grantors; FRANCES G. WILLIS, WILLIAM E. GILBERT and BONNIE JANE GARRETT, parties of the third part, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the parties of the second part are the owners of a parcel of land located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.68 acres, which is more particularly described as "PARCEL TWO" on Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel along with PARCELS ONE and THREE as described on Exhibit "A" are herein collectively referred to as the "Property"; and WHEREAS, the parties of the third part are the owners of a parcel of land located in the Princess Anne District of the City of Virginia Beach,containing approximately 1.844 acres, which is more particularly described as "PARCEL THREE" on Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel along with PARCELS ONE and TWO as described on Exhibit "A" are herein collectively referred to as the "Property"; and WHEREAS, the party of the first part, as the owner of a parcel of land located in the Princess Anne District of the City of Virginia Beach, containing approximately .866 acres, which is more particularly described as "PARCEL ONE" on Exhibit "A", and the contract GPIN: Parcel One 2415-54-0866 Parcel Two 2415-54-3854 Parcel Three 2415-54-1885 Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 purchaser of PARCELS TWO and THREE (together the "Property"), has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG- 2 Agricultural District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors'rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan,building permit,or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors,their successors,personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibits entitled, "LAYOUT PLAN FOR GENERAL BOOTH BLVD. MINI PRICE STORAGE VIRGINIA BEACH, VIRGINIA", dated 11-20-19, and prepared by Site Improvement Associates, Inc. ("Site Plan") and "CONCEPTUAL LANDSCAPE PLAN, 2 GENERAL BOOTH BLVD. MINI PRICE STORAGE VIRGINIA BEACH, VA", dated 11-20-19 ("Landscape Plan"), which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The exterior of the building depicted on the Site Plan shall be substantially similar in appearance, architectural features and materials as depicted on the two(2)exhibits entitled, GENERAL BOOTH BOULEVARD — MINI PRICE STORAGE CONCEPTUAL RENDERINGS", dated November 20, 2019 and "GENERAL BOOTH BOULEVARD MINI PRICE STORAGE BUILDING ELEVATIONS", dated 1i-20-19, prepared by Finley Design, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). 3. As depicted on the Site Plan, the access to this commercial property shall be solely from General Booth Boulevard using the existing shared commercial entrance with the adjacent Dam Neck Crossing Center. Until the pending Cross Access (Ingress and Egress) Easement with the adjacent property is fully executed and recorded to provide the access depicted on the proffered Site Plan, the Property cannot be developed. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body 3 of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Old Dam Neck, L.L.C., a Virginia limited liability company By:Kid Aw' AcZ (SEAL) Michael D. Sifen, Pre dent STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this )8 day of December, 24319, by Michael D. Sifen, President of Old Dam Neck, L.L.C., a Virginia limited liability company, Grantor. \\NN\N11111►MN' .` .i DICKFny,, Notary Public �� NOTl1BL.1CARY ti P My Commission Expires: -�a �� = T: REG.#351361 • Q° MY COMMISSION Notary Registration Number: -1,3 14.;• EXPIRES / — �, 06r'30/2023 .• 'ye\\i.,-,rA LTtk „ao`. 5 WITNESS the following signature and seal: Grantor: C.04\ EAL) Catharine D. Meredith STATE OF VIRGINIA CITY OF /Actee.- , to wit: The foregoing instrument was acknowledged before me this day of December, 2o19,by Catharine D. Meredith, Grantor. Notary Public My Commission Expires: k,`- 30 - Da [ ELINEL. cARPENTEr )ACQU Notary Registration Number: Vg 7og,SREGSOTRATI PUBLIC MMONWEALTH OF VIRGINIAY CO``vIM S,SION XPIRES 6 WITNESS the following signature and seal: 4 Grantor: • (SEAL) Joh os ph Wein rec STATE OF V,RGINIA CITY OF \.WKc ct, , to wit: The foregoing instrument was acknowledged before me this 03' ay of December, 2019, by John Joseph Weinbrecht,Jr., Grantor. ao-e-co.L...1)-0,.. CPt) Notary Public My Commission Expires: 3,� •�a JACOUELINE L CARPENTER NOTARY PUBLIC Notary Registration Number: [-Sit)TS REGISTRATION# 157085 COMMONWEALTH OF VIRGINIA MY COM SI N EXPIRES 7 WITNESS the following signature and seal: Grantor: (SEAL) France G.Willis STATE OF VIRGINIA CITY OF vi 1te 3fc(,h , to wit: The foregoing instrument was acknowledged before me this 13 day of December, 2o1.9,by Frances G. Willis, Grantor JJ9b , Notary Pi.92/11411/1 My Commission Expires: It/�( /to Z,Z Notary Registration Number: (7'1, SKYLER REMMINGTON SWINK NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT.31,2022 COMMISSION#7789172 8 r"1 WITNESS the following signature and seal: Grantor: By: "v,C,g �� (SEAL) William E. Gilbert STATE O NfO RT Ik fL�l RO L-4 N P- CITY OF 05 <' ,to wit: o01 O The foregoing instrument was acknowledged before me this 3 day of-aecember 2o19, by William E. Gilbert, Grantor. Notary Public My Commission Expires: 5- / 3 - o.o' g.Ll Notary Registration Number: WILLIAM BURRELL HOLLAND III Notary Public Hertford Co., North Carolina My Commission Expires May 13,2024 9 WITNESS the following signature and seal: Grantor: By: Yt/ y i„A.. (SEAL) Bonnie Jan arrett STATE OF MAR D CITY/COUNTY OF i\ 1!(l fl , to wit: 6-t The foregoing instrument was acknowledged before me this �-i day of December, 2019, by Bonnie Jane Garrett, Grantor. Notary Public My Commission Expires: 117 20— MAGGIE E CONLIN Notary Registration Number: NOTARY PUBLIC ANNE ARUNDEL COUNTY MARYLAND My Commission Expires 12-20-21 10 EXHIBIT"A" PARCEL ONE: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Residue Area,37,732.885 sq.ft.,0.866 acres,as shown on that certain plat entitled "R/W Acquisition Plat for Parcel General Booth Boulevard-Phase I for City of Virginia Beach", made by Talbot&Associates, Ltd., which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 169,at Page 23. GPIN: 2415-54-0866 PARCEL TWO: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying,situate and being in the City of Virginia Beach,Virginia,and being known,numbered and designated as Site D on that certain plat entitled, "Gresham Village", which said plat is duly recoded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 22,at Page 70. GPIN: 2415-54-3854 PARCEL THREE: ALL that certain piece or parcel of land,with the improvements thereon,situate,lying and being at Dam Neck Corner,Seaboard Magisterial District,Princess Anne County,the State of Virginia, bounded and described as follows: Beginning at a station in ditch on the Dam Neck Road and running along said ditch, South 31° West,2.00 chains to a gum;thence South 31°West,5.00 chains to a ditch; South 63°East,2.66 chains to a ditch; thence North 28° East, 8 chains to said Dam Neck Road; thence West along said road,2.26 chains to the point of beginning;containing one and nine-tenths(1.9)acres,more or less,as shown on a plat and survey made by E. E. Burroughs, Surveyor,April 20, 1926. LESS AND EXCEPT that portion of property conveyed to the City of Virginia Beach by Instrument dated May 24, 1983,and recorded in Deed book 2261,at Page 1220. GPIN: 2415-54-1885 H:\AM\Conditional Rezoning\Old Dam Neck\Proffer Agreement.docx 11 ANIMIIM 0 <> AVO .; 4.•6 ARM 1 I V CPT'Ot144 CT:m). 0 .4h. LI 0 0,,,,-- ,i771),**. ,_-,•0 I,_ w_ 0 141 ' -il-o/Airi6s- CC - N 4 ---,: -`4 s CeV. :0# ‘W leaf air \* ° . ""• t,Ct 4 Lo et o va � q -,.Ir. Tr oC. '0 cD• . ' 0 /4 oofo o .♦le a�- r4// o . M a \J v. , ,/4 ,_ .A •Vb Ot w It' 4r • 4ce,. , 7% ,A:A 41'• .640) NO 4 ft / A %41,t,, St n6,1q1; ,Ccto 4:, ‘ p /Wr\* V * <> IY ''*1 4 ; \I.00 4 • 0 • 4) • ri V 0 cl) . . "1\144\ 441* )p. 0--- 04. \\ 1 c& 44/ %. _ 01_11 qi 141 0 av °• . lipic *o - Road• w > 7* o ;a o N141 • CD" \---A ; I. *0 , , c 5 4 \ Illik c.) 0 R..1"......... Q0.41 otS N 0 It ° Ce-, 10 Ay' --410 -ge fx' E '‘ 1 A, afe\ . [fa 4 ,,,, , ,rt, s. ___, _1 r •_ -$t:i 4 ,,,0 "-- 0 A . . 704* V . Q •\,, v LiJ i,� 1• ,..4. • o (,) iv o•iiiiotelL 09� ` 4 U _� Ivo `�� . LPL 0 -------_____ _-7 ,V>.\(„is, cd .0. h c.<\)% ,2\3,1!"!* la c,c,.1°‘ 44)16 U) Yj. •` ��� >I rn c iI c Z 0 � / \ 0 cn a N ,ice \W. �T I ° \\V • ms In ;- tt, \ A t oMO,\ �cc`\ < c)• O\ / ��f1NlA.BF,�1 N 1.4 4; +J, l�Vtiv�I CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: WILLIAM T. & CAROLYN DALE WEEMS [Applicants & Property Owners] Conditional Use Permit (Outdoor Recreation Facility) for the property located at 1420 Claudia Drive (GPIN 1479114730). COUNCIL DISTRICT — BAYSIDE MEETING DATE: February 16, 2021 • Background: A Conditional Use Permit request for an Outdoor Recreation Facility in the backyard of a heavily wooded 1.98-acre parcel zoned R-40 Residential District within the Lakeview Park neighborhood. The outdoor recreation area is located along the rear fence line in the backyard. Included in this area are a groundball machine, three 12-foot tall lights mounted to posts along the fence, and a seven- foot high net. These improvements currently exist as the applicant was unaware of the need for the Conditional Use Permit and based upon notice by the Zoning Office, the applicant submitted the Conditional Use Permit application in order to correct this oversight. According to the applicant, the groundball machine and net area are used by the applicant's friends and children in the neighborhood. It is not open to the general public. 0 • Considerations: A petition of support with 24 signatures, eight letters of support, a letter of concern by the Lakeview Park Civic League President, a petition of opposition with 27 signatures and four letters of opposition were submitted to the Planning Commission. At the Planning Commission hearing, three citizens spoke in support of the request and three spoke in opposition to the request. The opposition speakers cited traffic generated by the use of the facility and numerous cars parking along Claudia Drive down to the applicants' home, lights from the baseball facility, littering on other people's yard and noise. The Planning Commission amended the conditions to extend the Outdoor Recreation Facility use from dusk to 9:00 p.m. daily, eliminate the condition to remove the existing lighting adjacent to the use and added a condition to limit parking for this activity to the subject property's driveway and not within the right- of-way which are identified below with strikethrough and underline text. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. William T. & Carolyn Dale Weems Page 2 of 2 • Recommendation: On January 13, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 8-2. 1 . Use of the Outdoor Recreation Facility shall be limited to the hours between 9:00 a.m. to dusk 9:00 p.m., daily. 2. The applicant shall maintain a solid, six-foot tall fence along the backyard property line adjacent to the outdoor recreation area. 4 . 3. Parking for this use shall be limited to the subject property driveway and not within the public right-of-way. 4. The Outdoor Recreation Facility shall not be opened to the general public nor shall it operate for profit. 5. Subject to Section 221 (k) of the Zoning Ordinance, an annual review of the Outdoor Recreation Facility Conditional Use Permit, based on the date of City Council approval, shall be performed by the Planning Director or his designee to assure that the use does not conflict with any adjacent land uses. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (24 signatures) Letters of Support (8) Letter of Concern (1) Petition of Opposition (27 signatures) Letters of Opposition (4) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. � Submitting Department/Agency: Planning Department City Manager: Applicants & Property Owners William T. & Carolyn Dale Weems Agenda Item Planning Commission Public Hearing January 13, 2021 City Council Election District Bayside 8 Virginia Beach Request Conditional Use Permit(Outdoor Recreation Facility) Staff Recommendation X ,(..‹.,Approval �� .,AQ p$ %. p Sir £ o Staff Planner aA ; o Jonathan Sanders .--.., �� .1Location _ oe , 9 '.,. armor / 49 p'k li. 'P 1420 Claudia Drive GPIN +O 'T f. - 9 4 1479114730 • Site Size 1.98 acres AICUZ Less than 65 dB DNL \*( ' /.]TI- Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/R-40 Residential Surrounding Land Uses and Zoning Districts North 4.,li Single-family dwelling/ R-40 Residential es.; �T. ,,:., South Single-family dwellings/R-40 Residential ¢, t as r � 3.ftf *}. �w - +` • East < r /" , . , y Single-family dwellings/R-20 Residential .•� � -;- z= ' , � �I Claudia Drive (unimproved) •- ru N- Single family dwellings/R-40 Residential !' &,,r . > '� - ';,,c-4‘;'4 , , *-.. - -:-... ok- r. -iik . sa w, " William T. &Carolyn Dale Weems Agenda Item 8 Page 1 Background & Summary of Proposal • This is an application for a Conditional Use Permit request for an Outdoor Recreation Facility in the backyard of a heavily wooded 1.98-acre parcel zoned R-40 Residential District within the Lakeview Park neighborhood. • The outdoor recreation area is located along the rear fence line in the backyard. Included in this area are a pitching machine, artificial green mats and home plate,three 12-foot tall lights mounted to the fence, and a seven-foot high net.These improvements currently exist as the applicant was unaware of the need for the Conditional Use Permit and based upon notice by the Zoning Office,the applicant submitted the Conditional Use Permit application in order to correct this oversight. • According to the applicant,the pitching machine and net area are used by the applicant's friends and children in the neighborhood. It is not open to the general public. \x• 11 • 45‘1\t: ' nir—ci aft t► aA 6 owl ". ` •/% 1'�+la,� S41.4 Zoning History � /�y ` +t{R # Request ,Ire �'+.. q • G �� ` r. �, -Aw4" t 1 � 1 SVR Approved 08/23/2005 '-V ' 44 - \� , 1 \ � . (W.O 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 for an Outdoor Recreation Facility for the applicant's use on this large lot is, in proposed Staff's opinion, acceptable.To minimize the noise impact to neighbors, Staff recommends a condition that limits the hours of use of the pitching machine and outdoor batting area for associated activities to between 9:00 a.m.to dusk, daily. Furthermore, Staff recommends in Condition 3 that the three light fixtures mounted above the fence be removed to mitigate impacts on neighboring properties. Staff also recommends that an annual review of the Conditional Use Permit be performed by the Planning Director to ensure the use is operating consistent with the conditions and remains compatible with the surrounding residential uses. This review will include a determination of whether the Outdoor Recreation Facility remains an acceptable use and that a continuation of the use poses no detrimental impact to public health, safety, and welfare.Two adjacent property owners are supportive of this request and submitted letters of support. Additionally, six nearby property owners signed a petition of support for the proposal. Based on the considerations above, Staff recommends approval of the application subject to the conditions listed below. William T. &Carolyn Dale Weems Agenda Item 8 Page 2 Recommended Conditions 1. Use of the Outdoor Recreation Facility shall be limited to the hours between 9:00 a.m. to dusk 9:00 p.m., daily. 2. The applicant shall maintain a solid, six-foot tall fence along the backyard property line adjacent to the outdoor recreation area. 3. The existing lighting along the backyard fencing for this use shall be removed. No lights shall be used in 3. Parking for this use shall be limited to the subject property driveway and not within the public right-of-way. 4. The Outdoor Recreation Facility shall not be opened to the general public nor shall it operate for profit. 5. Subject to Section 221 (k) of the Zoning Ordinance, an annual review of the Outdoor Recreation Facility Conditional Use Permit, based on the date of City Council approval, shall be performed by the Planning Director or his designee to assure that the use does not conflict with any adjacent land uses. 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. Land use compatibility among uses in the Suburban Area is vital to the stability of the City's neighborhoods. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There does not appear to be any significant natural or cultural resources associated with the site. William T. &Carolyn Dale Weems Agenda Item 8 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—10 ADT' Claudia Drive No Data Available No Data Available Proposed Land Use 3—No Change Anticipated 1 Average Daily Trips 2 as defined by a single-family 3 as defined by a single-family dwelling. dwelling with an Outdoor Recreation Facility Public Utility Impacts Water &Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • Two letters of support and a petition of support signed by six neighboring property owners have been received. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 20, 2020 and December 27, 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 December 28, 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 January 7, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 1, 2021 • 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 February 12, 2021. William T. &Carolyn Dale Weems Agenda Item 8 Page 4 Proposed Site Layout Weems Concept Plan December 1, 2020 ' . i •..... f � -`.r 3 Ne.,.(,,,ir,!,- . , .....4) Batting turf area L7h lights fin. ': Pitching . machine = 7 1 liN if•- ' 4- 1.1144 William T. &Carolyn Dale Weems Agenda Item 8 Page 5 Site Photos ' *ll 5 x shy • • PliikeN)44 e -it" '. . fr, ,— . T t lila iliM 1 ' . - ' • -_ y rmi!II!1IJ1iIi :„4,,,,,,._,,,,-.-::::-...',-:.,„-__ R^ 5 tie, i :..... ..de. . lel . • ,...i. ,..„ . .. ...i..0. x'•'.',.,-...3.' •,. )k ky } a aM ^sue x,"y k •C,A t ' alik .:b4 ' ...*n ',' it ---" .,:%; "T` •• ' ''',';;NVip., ......:...,',.&,-..i.,.. ,..".,iir„, .:, 4 ..,f- . ., el✓L . . Ai Sr i 1 •2 4P:.,l ' ' tv ��* t o n ../fit .,i r _ y ^,��t .„..A „ S �''tG ' v., VI y y t• iu, kgt. $k w.. 1 '� i �� Lam �'��. .: • v' �. 1 `" Y a> .,._gyp- —� _ J• h`• `�^� _ ,ti f-,: '* William T. & Carolyn Dale Weems Agenda Item 8 Page 6 Site Photos S + 4 ! �,: 1 > . s R #t iT h it 1 ?,.. , + . y tw • -,4 ., '7 4 i w. t+4 `a • 1-., Y 4 i ell 24* Ir ':tom ,1, t,:µ t' • ,-ti' • »r. 4. L� c. 1. - 4 s. .• - .rIN Z �.• .. •i.4 k.;. r,, - *f' Pr William T. &Carolyn Dale Weems Agenda Item 8 Page 7 Disclosure Statement Disclosure Statement r . ,_} Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name William T. &Carolyn Dale Weems Does the applicant have a representative? 0 Yes 0 No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) , We fun a s►Actit business -tint Oa( hbinp 3M�ly n1i , • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) • '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. _"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantialy the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 I P William T. &Carolyn Dale Weems Agenda Item 8 Page 8 Disclosure Statement Disclosure Statement •ti;�t�e•:z Planning&Commuu'r Development - Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 'No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes 'No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes .4/No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes NO • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes J'No • If yes,identify the firm or Individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes E No • If yes,identify the purchaser and purchaser's service providers. 2IF William T. &Carolyn Dale Weems Agenda Item 8 Page 9 Disclosure Statement *NBDisclosure Statement Planning&Conununity 'R"; , Development • 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating cr to be operated on the property?❑Yes DeNo • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes DeNo • If yes,Identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 1No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,trt.e,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. gay r✓ Applicant Signature ._avoly,- A . We f lw, William T. Weems Print Name and Title Date Is the applicant also the owner of the subject property? eS ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications /,� 0 No changes as of °a" : 1 "" ohat a�( ail d eIs Print Hama Jonathan anders 3lnaec William T. & Carolyn Dale Weems Agenda Item 8 Page 10 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. William T. &Carolyn Dale Weems Agenda Item 8 Page 11 Item # 8 William T. & Carolyn Dale Weems [Applicants & Property Owners] Conditional Use Permit (Outdoor Recreation Facility) 1420 Claudia Drive January 13, 2021 RECOMMENDED FOR APPROVAL - HEARD - CONDITIONS MODIFIED Mr. Dao: The next item to be considered is Agenda Item number eight. The application of William T. and Carolyn Dale Weems for a Conditional Use Permit for Outdoor Recreational Facility located at 1420 Claudia Drive in the Bayside District. We have nine registered speakers on this public request. The first speaker is Carolyn Weems followed by Bill Weems. Ms. Weems you can start making your comments. Thank you. Ms. Weems: Can you hear me. Hello. Mr. Dao: Yes, madam. We can hear you, please start your comments. Ms. Weems: Thank you, members of the Planning Commission thank you for listening to our comments and concerns today. My name is Carolyn Weems and my husband Billy and our granddaughter Brylan live at 1 1420 Claudia Drive. A few days ago we were made aware that many in our neighborhood have been given misleading and inaccurate information about us, our yard, and this zoning process. This is frustrating and disappointing. So, I hope today to clear up any statements and assertions for both our neighborhood and you the Planning Commission. But, first and foremost, I would like to explain what is actually happening at 1420 Claudia Drive. At the very back of our two-acre yard hidden behind and underneath trees is a strip of dirt, a portable net also used for soccer, a ball machine, and three lights. The ball machine releases yellow rubber balls aimed at the ground that is rolling them, there is no pitching. The rolling ball is scooped up and tossed into the net about five feet away. We set this area up 24 years ago, let me repeat 24 years ago, when our family and our five kids moved into this wonderful neighborhood. Our son Beamer loved to play baseball and wanted to practice outside of his school and team practices. Within a few months, he asked if we could have lights since he was getting home from school and practice after dark. We put up three down lights, these are not floodlights, they do not brighten up a large area, but instead they face straight down towards the ground, so, the ground ball can be tracked as it rolls across the dirt. You cannot see these lights from Cullen Road, Lakeside Drive, or Claudia. There is no hitting, no batting of balls, no throwing balls. In 24 years we have not received one complaint, not one zero. Not one complaint about any noise coming from the ground ball area, noise coming from kids in our yard, noise coming from our driveway or on Claudia Drive, or noise coming from a leaf blower. In 24 years we have never had a complaint about lights in this area, lights in our yard, or car lights leaving our driveway. Not one complaint about traffic or parked cars. Not one complaint about any of our guests, adults, teenagers or kids, or the 2 number of people visiting our home. 24 years and not one complaint, until recently, a complaint from our neighbors who live across the street, who have had 12 years and ample enough time and opportunities to let us know their concerns, I sure wish that they would have. Embedded in their two page complaint and in their presentation of the issues to neighbors, I believe false statements have been made and false assumptions have been insinuated. I would like to offer a fact check for some of these rumors. One, the Weems petitioned the City for an Outdoor Recreation Facility Special Use Permit in order to build a structure, a facility, a park, even a baseball field with bleachers has been mentioned. Fact, we simply responded to zoning who responded to a complaint. We did not believe we needed a permit for this 24-year-old play area in our backyard, that we paid the money and follow the process and attempt to avoid unnecessary neighborhood drama. Two, the Weems wanted to sneak this past the neighbors, so, they hit the orange zoning sign. Fact, we put this sign in the exact spot when Mr. Sanders told us to. Three, if the Weems get this permit and build something, it is going to attract all sorts of people, undesirables to the neighborhood. Fact, we have established, we are not going to build, add or change anything that has not already been here for decades. We are not a park, we are not open to the general public, the kids that come here to play are family and friends. We do not run a baseball business. We do not charge to play. We do not want to. Billy, my husband, played in college, coached at Old Dominion and Virginia Wesleyan has helped with several high school and middle school teams and travel teams. He does this for fun, in our lives we are scaling down, not adding. Four, the almost daily use of backpack blower noise for hours at a time to maintain this facility is disruptive and unacceptable. Fact, in the fall, Billy does blow off this 3 dirt area, our two trampolines and our back deck. It takes two or three minutes, not two or three hours. Five, Claudia Drive has been blocked and has disrupted UPS delivery vehicles. Fact, if cars have ever been blocked or a UPS truck delivery has been blocked, we have never been notified. We are the only driveway on this gravel road, UPS drivers have to come down there just to deliver to us. I did speak to Sandra Lane this morning at our local UPS terminal in charge of this neighborhood and she said, "No driver the 24 years you have lived there has ever complained about being blocked. They have only been surprised that you live at a dead end street". Six, activities become tiresome and on weekends and holidays when lesson schedule is expanded. This is actually opposite of what is happening, during the weekends there is virtually no activity with this groundball area. This has been consistent for 24 years, kids who want to play extra and practice actually play on other teams, and they play games, when do they play games on the weekends, they are usually out of town. I cannot remember the last time anyone was over here on a Friday, Friday night, Saturday or Saturday night. On Sundays, one of our friends does bring his two boys regularly after church because their week is so hectic. Additionally, I facilitate a bereavement group on Sundays at 4:30, perhaps our neighbors have seen those cars and have assumed they were here to play baseball, instead of work through their grief. This is the only activity on the weekends. Seven, the Weems requested this variance under the pretense of providing a safe place for children to play in response to restrictions imposed by a global pandemic. Fact, again, we have had this fun safe place for children to play for over two decades. However, as you all know, last year our schools were closed, baseball seasons were cancelled, REC centers, the Aragona Baseball Complex and all fields were shut down. A friend of ours who helps 4 coach one of our high school baseball teams lives a couple streets over. He did call and asked Billy if some of his infielders could come and use our ground ball area to practice, we said yes. Incidentally, we know you have two more people in our neighborhood who have done the same for soccer players in their yards who have had a hard time practicing this past year. So, for a few months we have had more cars and people here than normal. Because of COVID, Billy told the coach only one kid at a time could go in the back and practice. So, the others did have to wait in their cars. The kids and parents did tell us our neighbors were taking pictures of them, so, we are assuming the monitoring of traffic and kids has been during this rare time. Our neighbors never once told us about any inappropriate behavior, vandalizing, litter, urination, or any noise from these kids or their parents. But, since we have been notified and learned that the concern seems to be around the traffic, the cars parked, and actually the car lights. We have instructed all of our visitors, family, friends, my Bereavement Group, Bunco Group, Spanish Tutors, baseball players, anybody not to park on the street, to pull all the way in our driveway and we have plenty of room. Also, we have asked them to turn off their lights as they leave. We trust that this has and will continue to help. In closing, we do hope you will grant this permit, but we do not agree with a couple of the restrictions. The first one the lighting, we do not think it is necessary to remove the down lights from the back of our yard on this ground ball area. These lights are not visible to anyone on Cullen or Claudia and they only shine straight down on the dirt area. We know that tennis courts can have lights, batting cages can, basketball hoops on driveways, back yard archery range, swimming pools, and desks can have lives. We hope that we are able to keep these lights up. We are not back there using that area much at all past 8 o'clock anyway. And, number two, the 5 dusk time restriction, we do not think our family and friends and our granddaughters should have to stop playing in this section of our yard when dusk hits, by the time they get out of school or have an afternoon activity it is already dark. Brylynn, our granddaughter and her friends also play hopscotch out there, look for wild animal tracks, they have a hideout out there, they pass back and forth, and they along with their dads and run their remote control cars on the flat dirt area. We are hopeful, just as you approved the batting cage down the street from nine to 9 pm, that we will be able to use this part of our yard past dusk. You have also asked that we put an extension of a six foot fence. We have no problem with that if you think that would help. We will be glad to put up another fence on down the line and extend the fence it is already there. We do have signatures and we do have eight or nine letters of support from families who have actually lived on this gravel road, two houses on Claudia Drive. Mr. Calhoun also from the Civic League wrote you a letter, he sees no problem with the area. But of course, like anybody, we want to solve any concerns of traffic or parking and we feel like we have already done that and we will certainly continue to do that. We love this neighborhood; we have lived here our whole lives. We do run a business from our home called Simply Sales, it's an advertising speciality, and it totally has nothing to do with this. We do this for fun. Thank you. We would never harm anything in this wonderful neighborhood and I hope that you would consider our request. Thank you so much. Mr. Dao: Thank you, Ms. Weems. The next speaker is Bill Weems followed by Brian Weems. Mr. Weems you please begin by stating your name for the record and you have three minutes. Mr. Weems: Hi, my name is Billy Weems, can you guys hear me. 6 Mr. Dao: Yes, sir. Mr. Weems: I am just going to read a letter from my son about when we first started this. My name is Beamer Weems, I grew up in the Bayside Area of Virginia Beach, specifically at 1420 Claudia Drive. I vividly remember when our parents first took us to the property and house as potential buyers. My four siblings and I love the place. The yard was huge on a gravel dirt road and on a dead end street. To top it off, we had access to Lake Smith, this was truly a kid's paradise. My parents quickly made an offer and we moved in in the spring of 1997. My fondest memory of childhood and young adult home was the ground ball area that my dad and I pounded out. It was a strip of dirt that is surrounded by trees and is located the back of our two acre lot. My dad made a ball machine that pointed downward and we release yellow rubber balls, these balls would roll and I would scoop them up, and then toss them in a net a few feet away. I was an avid baseball player and wanted to practice all the time. I wanted to be the best defensive shortstop around. At that time I played on several teams along with my school team. Since I did not get home from school or team practices until well past dark, I asked my dad to put up lights, so, I could practice at night. The lights face down to the ground so the rolling ball can be tracked. During a typical team practice or game, an infielder only gets a handful of ground balls. In my backyard, I could easily take a couple 100 balls at night. I invited teammates and friends to come and practice as well. My dad played baseball for Clemson, played professionally for the Houston Astros, and coached the ODU on Virginia Wesleyan. He was helped with several of our high school and local travel teams. He knows baseball specifically and infield defense. For the last 24 years, he has graciously shared his expertise to any kid who wants to 7 practice and get better. This groundball area has granted us as a family. It is a place to hang out, practice, play, and become the best that we could. The other alternatives offered to kids back then and now are not nearly as favorable. My dedication did pay off as I was able to play Baylor University before being drafted my junior year by the San Diego Padres. I was able to play almost a decade before an injury ended my career. I am now passing along my baseball knowledge to youngsters in my area. During my childhood and teenage years, we never had one complaint of noise, lighting, traffic, etc. Believe me, we had a lot more going on when the five kids lived there and all participated in multiple team sports. Our backyard is family and kids friendly. It is hidden at the end of a dead end gravel road. The groundball area has never been a source of excessive lighting, noise, or traffic. It is a place for kids to do something positive. It is a place to dream and strive to make those dreams come true. Thank you. Mr. Dao: Thank you, Mr. Weems. Next speaker is Brylynn Weems followed by Zach Holtzhausen. Ms. Weems: Yes, this is Ms. Weems, Brylynn our granddaughter did not finish her schoolwork, so, she is not going to be able to join us right now she is in there virtually taking a test. I am sorry about that. Mr. Dao: Thank you, next speaker is Zack Holzhausen followed by Jen Holzhausen. Mr. Holzhausen, please start by stating your name for the record, and you can start your comments. We will move on to the next speaker Jen Holzhausen, followed by Dennis Miller. We will move on to the next speaker, Dennis Miller, followed by Cindy Lewis. Mr. Miller, please start by stating your name for the record. 8 Mr. Miller: My name is Dennis Miller and my wife and I owned the property at 4917 Cullen, which is adjacent to The Weems property on the map that you had shown was right above The Weems property, intersection of Claudia, and Cullen. My real question has to do with what I read from the complainants about looking at the Ordinance and looking at Section 501, and specifically towards B, paragraph five. And, most of their comments and trying to put stipulations on this are based on that. And, when you look at paragraph five, it starts with an accessory activity operated for profit in a residential dwelling unit where, and I think that says everything, because the basis for their complaint has no validity because this is not a for profit operation. If you look at their complaint and they talk about traffic and they talked about visible or audible evidence detectable. All of those things are completely within paragraph five. But, paragraph five has no standing in this entire discussion based on the fact that this is not a for profit operation, it is a recreational use of private property for the kids in the neighborhood and their friends. I believe that Ms. Weems is absolutely correct, there should be no reason to remove the lights because this is not a for profit endeavor. And, on top of that, I cannot find anywhere within the ordinance whether it is a necessity for them to have even applied for a Conditional Use Permit except they were told to by City Staff. So, with that, I will repeat I am fully in favor of them being able to use the facility at normal hours that they have used them in the past and have the lights remain in place. Thank you for your time. Mr. Dao: Thank you, Mr. Miller. The next speaker is Cindy Lewis followed by Mary Howell. Ms. Lewis, please start by saying your name and your comments. Ms. Lewis: Can you hear me. 9 Mr. Dao: Yes, ma'am. Ms. Lewis: Sorry, I cannot hear you guys. Mr. Dao: Yes, ma'am. You can start your comments. Ms. Lewis: Can you hear me. Mr. Dao: Yes, we can hear you. Ms. Lewis: Can you see me. I really want you all to see me. Mr. Dao: No, the public webcams are not turned on. You can start your comments. Ms. Lewis: Okay. Mr. Dao: Mr. Chair, if it is alright, we move on to next speaker. Ms. Lewis: Oh, sorry I am here. Can you hear me. Mr. Redmond: Why do not you start your comments please. Ms. Lewis: Okay, yeah. My name is Cindy Lewis, my husband and I wer hoping you could see me because I am standing in my backyard which is directly behind The Weems backyard, the baseball field actually backs up to my property. Me and my husband have lived here for 11 years, we have never once seen the lights in our backyard at night. We actually have floodlights in our backyard. We have never been bothered by the noise, we have never heard anything. However, I just wanted you to know that they are respectful, they are responsible neighbors. We have never been bothered and we will be truly just have to go away. But, it is literally in my backyard, it is never even distracted us. I have had two small babies in this house we lived 10 here for 11 years it is never once been an issue ever. We live in a family friendly neighborhood and it would just be sad to see it go away. That is it. Mr. Dao: Thank you for your comments Ms. Lewis. The next speaker is Mary Howell followed by Tammy Otani. Ms. Howell: Hi, this is Mary Howell, can you hear me. Can you hear me. Mr. Dao: Yes, ma'am, please start your comments. Ms. Howell: Okay, thank you. I am Mary Howell, I live at 1417 Claudia which is just across the creek from The Weems property. I was approached on Halloween day by Carolyn Weems to sign her petition that she said was because of the noise or the Halloween party for some neighborhood kids. I thought it was a little strange, but I signed it because that is what I had understood. I have since come to find out that it is specifically for, I guess a conditional usage, whatever it is agreement. I am here to defend the neighborhood, I am not here for Carolyn, I am not here for Jen and Zack. It is a shame that the neighborhood is now at each other's throats. This should not be. This is a neighborhood where all the lots are an acre or more. We are very peaceful, quiet neighborhood that is what everybody loves about the neighborhood. Some of us are gardeners, some of us are birdwatchers, some of us have pools. Nobody is here to irritate anybody else. The fact that they need this license tells me that it is irritating. We have lived with the batting cage for years, we hate it, it is noisy. We never complained because we want to keep the peace in the neighborhood. It sounds like they are setting up some kind of a park that is not appropriate for a neighborhood. We should look at things that are beneficial to all our neighbors, not just one 11 neighbor. Actually, Jen and Zack are here to appear, evidently their computer was not working. So, I am going to turn it over to them but please, please think in favor of the neighborhood and what is good for the neighborhood and that is peace and quiet and willingness to work with your neighbor, and that is all I have to say, thank you. Mr. Dao: Thanks for your comment Ms. Howell. We will let the Chair decide you would bring Mr. and Mrs. Holzhausen back for comments, but we are going to call in the next speaker, which is Tammy Otani. Mr. Redmond: Excuse me Mr. Weiner I have a question for the last speaker. Mr. Weiner: Yes, go ahead. Mr. Redmond: Yeah, Ms. Howell. So, you are saying you have had problems with noise. Is that correct. Ms. Howell: That is correct, the batting cage when they had it up was noisy it is whack, whack. My husband and I do not complain about anything, we have been here for 40 years. We believe in the keeping peace with our neighbors and we just sucked it up. Mr. Redmond: Is it noisy now. Ms. Howell: No, it is not noisy now, the batting cage isn't there. Mr. Redmond: Right, okay. That is kind of my point. Do you see the lights, do you have a problem with the lights. Ms. Howell: No, the way our house is faced we are in the den at night and we do not face that property. Mr. Redmond: Okay, thank you very much. Thank you, Mr. Chairman. 12 Mr. Weiner: Yes, sir. Hoa. Mr. Dao: The next speaker is Tammy Otani, followed by Zack Holzhausen. Ms. Otani: Hi, my name is Tammy Otani and I am a former renter in the neighborhood. I am talking to this group today because it came to my attention from friends in the neighborhood that there was concern raised about the impact of the neighborhood regarding The Weems use of their property. Our family rented a house at 4921 Cullen Road, which is right next door to Claudia Road, which is next to The Weems. We rented that property for a couple of years from Zack and Jennifer Holzhausen. During that time, we were not aware that there were lights at the back of the house. I have been to their home and in their backyard on several occasions, and even that point in the evening, I was not aware of any intrusive of lights or noises. I was aware that Billy Weems was coaching baseball. Families did park on the street in front of the Weems home, but only for short periods of time, and only for a couple times a week. I am a stay at home mom and I never had a problem with anyone coming or going from the Weems home. In fact the Weems' home is one of the few properties in the area that have not had most or all of their trees removed adding to the privacy. Living in that house in Claudia, I could not even see the Weems home, let alone anything that was going on in the backyard. I always found The Weems to be very considerate neighbors. When their son was married in their backyard, both Carolyn and Billy came to us to let us know the event would take place, and asked that we call if we had any problems with any of the guests. Their guests were very considerate and we had no problems. My children were two of the many children who were invited to play in the Weems magical backyard. When you say that you hate to see the neighborhood suffer for a few people or a few 13 neighbors, there are many children from all over the neighborhood, who would play in that backyard and who have formed many wonderful childhood memories in that backyard, and not just because the yard, but because The Weems and their hospitality. I would also ask the question if people struggled with the problems going on, why would you be quiet, instead of giving The Weems the opportunity to correct that. In fact it bothers me a little bit that taxpayer money and time is being used to solve this when so many people say they have problems with it for so many years. This is not the first place you go to solve the resolution. If you are truly a good neighbor, you go to your neighbor and you address that issue with them and try and resolve it. I never had to try to resolve an issue with The Weems. They were always the first to bring up any potential problem there was and resolve it that way. So, I would hope that since there is nothing changing over what has been happening last few years and as the last speaker said, there has not been the same. Mr. Dao: Thank you for your comments. Ms. Otani, your three minutes time is up. Mr. Weiner: Does anybody have any questions to the speaker. Okay, thank you. Mr. Dao: The next speaker is Zack Holzhausen, followed by Jen Holzhausen. Ms. Holzhausen, please start your comments. Ms. Holzhausen: This is Jen Holzhausen, can you hear me. Mr. Dao: Yes, ma'am. Will you the only one making all comments. Ms. Holzhausen: No, my husband is on his way something is amiss with our computer and we were not able to speak earlier when you called on us. 14 Mr. Dao: Okay, thank you. You can start your comments. Ms. Holzhausen: Well, my notes are not quite as organized as my husband's are meant to be which he was supposed to be reading before me. But, thank you for the time to speak and for hearing our concerns. Also, I apologize, I am a little nervous and emotional about this, we have owned our home for 12 years and we have lived there for 10. And, we have tolerated baseball lessons since 2008, since we moved and trying to be good neighbors. And, the zoning sign went up on Claudia in December we knew this was our time to be heard. I have right here in my hand over a year's worth of notes on how to business at 1420 Claudia affects us and how often it affects us. Why, did I start keeping this log, I noticed an increase in traffic and I saw a customer actually discipline his child in our yard after lessons. I started keeping notes and yes, I took some pictures in case I needed to refer back to this. I personally have lost my tolerance for this. On January 21 , 2019, Claudia Drive was filled with cars. And, when I went into my own backyard to get wood, there was a man leaning on my mailbox, smoking cigarettes. And, I know that he was there waiting for lessons because I asked him why he was standing in the street in the dark. This spooked me, as my husband was not home. I should not have to tolerate this when I go outside that strangers are milling about. Please do not misunderstand this, this is not a complaint against our neighbors. It is opposition to our neighbor's business, and clientele it brings to our backyard. Our family is heavily affected and some of the concerns and issues we have personally at 1421 Claudia have dealt with, is the excessive traffic two to four hours a day, three to four times a week. Parked cars filling up the dead end streets, yes, it does limit access to the UPS and FedEx, emergency vehicles if they were to show up. The City itself sends a backup garbage truck down 15 this road because it is small and there is no turning space. And, a lot of cars do park on our property line. It does limit access to our property, which does run the length of Claudia. Sometimes, I cannot mow my grass for concerns of the parked cars, I do not want to throw stones on them or sometimes they are parked on grass that I want to mow. Sometimes, it is difficult for us to get our boat in and out or our utility trailers in and out of our parking lot area in our backyard, because we do not have a staked driveway does not mean we do not have access to our yard. Access to our mailbox had been blocked by the parked cars. We do listen to the sound of backpacker blower, yes, as they prepare the field. People attending the outdoor recreation events at 1420 Claudia, have been addressed for urinating on our property, adults and children. They have been addressed for trespassing on our property, we have witnessed and changing their clothes in the street adjacent to our yard. We witnessed them disciplining their children, as I said, smoking, using our yard and our mailbox as leaning posts in a social gathered area. We have asked them to get off. Mr. Dao: Ms. Holzhausen your time allowed is up, I will let the Commissioner who is sure to continue. Mr. Weiner: Yes. Any questions. Mr. Redmond. Mr. Redmond: Yes. Okay. So, Ms. Holzhausen I want to go over that just a little bit with you okay because I want to separate things that might occur or very vague from things that are very specific. You have seen people urinating in whose yard. Ms. Holzhausen: Yes, sir, my yard. Mr. Redmond: And, these are who, children? 16 Ms. Holzhausen: I have seen children and adults. Mr. Redmond: Okay. And, the parking problems that you described, how many cars we are talking about. Ms. Holzhausen: Some days it is up to six cars and some days it is 12 cars, some days it is four cars. Like I said, I have records since October 2019, where I have counted cars, because at times they show up is usually dinnertime. When my windows are open and I am setting the table, so, I see them come very clearly. Mr. Redmond: Did you share those records with anybody. Ms. Holzhausen: I have given some of these records to the City. Yes. Mr. Redmond: Okay. Thanks very much. Mr. Weiner: Any other questions. Thank you. Hoa. Mr. Dao: The last speaker is Zack Holzhausen. Mr. Holzhausen, please begin your comments and you have three minutes. Mr. Holzhausen: Can you hear me. Mr. Dao: Yes, sir. Please start your comments. Mr. Holzhausen: Okay. I had prepared statement, unfortunately it is at my house. My name is Zack Holzhausen. I have got 24 years in the United States Navy, I am a master chief and integrity is very important to me. I take pretty seriously the accusations of dishonesty that The Weems have leveled at us. But, let us be clear. The issue we take here is not with kids playing in the yard, nobody has a problem with kids playing in the yard and nobody has ever complained about kids playing in the yard. You do not need a permit for that. What we are talking 17 about is baseball lessons being conducted for profit by Billy Weems on the property. There is nobody of baseball playing age that lives on the property, Billy's son that he was talking about the plays baseball lives in Texas. We are talking about a business Billy has told us personally on several occasions about his customers and the lessons that he charges for and just the amount of traffic, and the disruption that we deal with on a daily basis is beyond what anybody should be expected to endure and I understand that maybe some of the people who live on the other side of the property, where the lessons are actually occurring aren't as affected as we are. But, the fact is that we are the people who have to deal with the traffic and the disruption. Our property runs the entire 315 foot length of the dirt road that is Claudia Drive on that side of the property. We have had cars parked up all the way up past our mailbox, we have had people wandering in our yard, we have had people destroying our property. I have had people confront me as if I was somebody who did not belong there. As recently as a couple days ago, as four large diesel pickup trucks were ripping out of his driveway after dark and I was trying to check my mail, a pickup truck slowed down, built up RPMs and accelerated out there kicking rocks intentionally at me as I was trying to check my mail. Yesterday, I had a guy parked in the middle of that road while I was trying to rake leaves, staring at me like I did not belong in my own backyard. This is the issue we have. This is not kids playing, nobody has a problem with kids playing. Nobody has a problem with Brylan's friends coming over, right. We are talking about young men high school age and college age possibly, right. And, I would stipulate that there are 19 baseball facilities within 15 miles of this place, right. So, if it is a baseball opportunity, it exists. And, if those facilities are closed due to considerations for a global pandemic, then why should these people be allowed to congregate 18 and park basically in my backyard and on the Weems property. That is our issue, it is not kids, it is not families. It is the businesses being run out of the residence. Thank you for your time. Sorry, I am a little loud right now, I just had to run across the across the street to get here. Mr. Weiner: Are there any questions to the speaker. No. thank you. Dave Redmond. Mr. Redmond: Mr. Holzhausen, we all have smartphones in our pockets, did you all ever take any photographs of these intrusions on your property. Are there six to eight cars parked on the edge of my property and the wheels are such that I cannot cut my grass, I would probably have taken some photographs of them by now, did you all ever do that. Mr. Holzhausen: Yes, absolutely. We have all kinds of documentation of these kinds of issues and we address these issues with The Weems and got no resolution. Occasionally, they will take around turn on things and tighten up their sharp a little bit and for a week, things will be a little better, but it is like trying to tell somebody not to expect litter outside of a McDonald's, it is basically what we are dealing with, these are not their friends, these are their customers, right. And, each new batch of customers that comes in, has to relearn this stuff all over again, we have pictures going back for plenty of time just showing exactly what we are talking about. Mr. Redmond: Okay. Thank you very much. Thank you, Mr. Chairman. Mr. Holzhausen: Yes, sir. Mr. Weiner: Thank you. Any more questions. Okay. 19 Mr. Dao: Mr. Chair, there are no more registered speaker on this item. Mr. Weiner: Okay, Ms. Weems, would you like to have any other comments ma'am. Ms. Weems: Yes, thank you. I would like to say we do not have customers, we do not have clients, these are family and friends. Our granddaughter actually also plays softball and has little girls over here doing the same thing in that area. We no longer have people parking on that street. We will definitely, and again I wish I would have been told this, we went over there twice to our neighbor's house when this first came out and said, what can we do to help, what can we do to help, and we got nothing. So, on our own we have told people not to park there. Yesterday there was a gentleman young guy high schooler that did come over, he called and he parked there for about five seconds and my husband ran out there and said please come around back, please park in the driveway. We want to be good neighbors we want to continue to be good neighbors. We will definitely make sure people do not park there, and people will not be out there, congregating again it was different last year, because we did allow that one coach to bring over his guys and they had to wait out there because of COVID we would not let but one child back there at a time. And, so it was different, it was unique and I am sorry for that and it is not going to happen and, and again for the noise, there is no noise. That machine, and I wish the people that were here would turn it on, makes less noise than my dishwasher. There is no batting cage, there are three batting cages in our neighborhood, we do not have one, so there is no sound of a bat hitting the ball. So, we want to continue this and again we will be very, very purposeful to make sure none of our visitors, no matter what 20 they are there for, will be parking on that street, and will be congregating and not any whatsoever. Thank you. Mr. Weiner: Thank you, I think we have a couple questions here. Mr. Redmond. Mr. Redmond: Ms. Weems, thank you for that. So, I want to explore this a little bit because I am not sure frankly that I am comfortable with the promise that we will ask people not to park there, I am more inclined to add a condition to that effect. Frankly, I do not care whether or not anybody is charging a fee to the service, it is an impact on other people and of course later in this agenda, we are going to have how many agenda items that we always have with regard to short-term rentals, and it is all about noise and traffic and the impacts on other people. So, that is what I think is really the issue that we have to be particularly concerned about. So, tell me about, I have got this map, where is it you are asking your patrons I will leave the word that because I do not want to judge it, there is obviously quite a disagreement about that. Where is it that you are asking your patrons, the folks that come to your house that do not live there, come from someplace else where you are asking them to park. Ms. Weems: There is not a close up there. Mr. Redmond: Yeah, we got what we got, unfortunately. And, Google on, you do have a very wooded neighborhood, so, Google earth has not help I am not sure. Ms. Weems: If you come down off Cullen Road off that gravel road of Claudia Drive. Claudia Drive has three sections, we are in the middle section, we are actually the only house on that little section, it dead ends. If you come to the dead end where our mailbox is, you can then take a little left and circle around, and there is a huge, huge area to park. 21 There is no problem in getting people to park, again I did not know this was an issue. My son was over, not too long ago, and there was no cars in our driveway he just parked at that dead end street because it is kind of like you just pull on there and park. So, we told him no, no do not park there. But, our driveway actually circles around and makes a big circle, and so, they can park anywhere there. Yeah, they just pulled around, and it is a gravel driveway, and it circles around at our mailbox and it goes back and connects to Claudia. Mr. Redmond: Okay. Ms. Weems: Yeah, we can even put a sign up or as people, we will just tell people that do not park on the street anymore and that they have not been and I know it is hopefully it is been helpful to our neighbors. They will not be parking there anymore. Mr. Redmond: Okay, thank you. Mr. Weiner: Mr. Alcaraz, do you have a question. Mr. Alcaraz: Yeah. Mr. Redmond I agree with your concerns, I just want to express my concerns. Ms. Weems in your presentation again you stated that on occasion you got to have them wait and I do not know how many cars you are asking to wait. But, I do not have a problem with it when it is family, but when you are inviting people from all over and they are having to wait on the property or down the street, or down the next streets, that is where I have concerns of. How many cars have you had stacked up out there at one time. Ms. Weems: Again, this is not usual like I said, usual is Sunday afternoon so we have a friend to bring his kids over. This has been unusual because of that 22 coaches asking us to let his infielders come, so, we did allow that. So, last year was unusual, it is not typical. There were several cars out there, the only reason why we made them wait just this one group of infielders from one of our local high schools was because COVID, because the groundball area in the back is not very big, and we did not want even two kids out there. Normally, like the person that comes our friend that comes in Sunday his two boys go back there with each other, and they take their groundballs. And, so if there are two or three kids back there, or my granddaughter and her friend's back there that is fine but because of COVID because these kids did come and again that was unique, that is different, that is not the norm. We did make them wait because we did not want kids back there. So, that is not happening anymore, that was a unique condition and hopefully now baseball will start back up, but it was not typical for us to have a line of cars and have people wait, that did happen because of COVID. And, now that we know we will make sure that never happens again. That does not happen that was not normal activity. Mr. Alcaraz: Do you advertise this or is it. Ms. Weems: No. Mr. Alcaraz: How do people know in schools and localities, how do they know. Ms. Weems: Well, we have had five kids in sports, I play tennis, I know tennis community, my daughter knows the volleyball community, my other knew the soccer. The coach that asked us actually used to live in a neighborhood and took groundballs with my son. So, he knew about the area and when these kids grow up and even though he is not here anymore, there are kids in our neighborhood who are now 23 doing what Beamer did. They play on several teams. They play on several travel teams. They tell kids they get really bad and they are like, how would you get so much better. They are like, oh my gosh, in our neighborhood The Weems have the groundball area and so they just word of mouth it is all people that we know except for again this situation with this one group is because a coach lives two streets over. He has been here before himself when he was younger and so he knew about us and my husband. Mr. Alcaraz: Thank you. Mr. Weiner: Mr. Wall. Mr. Wall: Ms. Weems, can you address the neighbor's concern about people urinating that has been brought up. Ms. Weems: I have never seen or heard from them anything about anybody urinating on anybody's yard. Of course, that is just awful and I know that if I was in a situation and my neighbor had friends over and one of their cars or friends urinate on them I would go straight over and if that would have happen we would have really gotten down to the bottom of it. I do not condone that, I have never heard of that, I have never seen anybody litter, I have never seen anybody on their property, I am not saying it is not true. I have never seen or heard any of these complaints until I read the letter of complaint. I do not condone that and we do not even let people throw their cigarette butts our driveway. I totally agree that is unacceptable and if it happened I am so sorry, but I have never heard of it or seen it. Mr. Weiner: Mr. Graham, have a question. 24 Mr. Graham: Thank you, Mr. Chairman. This is a question for Ms. Weems, who does your husband coach now. Ms. Weems: Does he coach now, no. We are kind of older in age, but people know that he knows his baseball, but he does not coach at all. He has coached probably 15 different teams, but no longer. Mr. Graham: Right, but they are coming to work with your husband groundballs, but there is not hitting. Ms. Weems: No, there is no hitting at all. When we moved here, we had a batting cage in our old neighborhood at Lake Smith Terrace, when we moved here 24 years ago, we did have the batting cage up, that was taken down I believe 15 years ago. My husband does go out there in the back and talks to these kids, he will help them if they want his help. Obviously, sometimes they are out there just playing around, but he is always willing to help any kid that wants to get better, because he does know his. Mr. Graham: I understand baseball and I know there was not a lot of places to get (inaudible) and to be able to practice. It just sounds like kids coming from high schools and it is people coming it is not. Ms. Weems: I am sorry I cannot hear anything. Mr. Weiner: Did we lose Mr. Graham, we lost Mr. Graham. He is out. Ms. Oliver, do you have a question. Ms. Oliver: I do. Ms. Weems can you address your reluctancy maybe I am going to make sure I understand it, let me rephrase that. Can you address, whether or not you are in agreement with all the conditions as far as the lights, the dusk, and ending playing at dusk and the back yard. 25 Ms. Weems: Yes, thank you. No, we do not agree with removing those three down lights back there in the back, because they shine downward and the neighbors that have complained and the other person that they cannot see the lights, my neighbor that is directly behind that fence (inaudible) really lights that shine down on that area, but obviously like when our granddaughter she is now playing softball and a couple of her girlfriends, but the time they get through with school on some days, it is almost dark. And, again, we are not out there late at night, but in the winter months where it gets dark so early and, school doesn't get over, she has got Spanish and piano by the time she is done with that, if you do not have any light by there you cannot play. She and the girls next door and down the street, they go back and forth through the gate back there, they have got a little hideout place there, they do their remote control cars back there. I just do not think it is reasonable to limit that part of our yard to dusk. So, I would like to be able to keep those lights up Ms. Oliver: Well, let me ask you this, if you do limit it as to dusk and the lighting then that, I am not referring to that neighbors that abut you from that side, but to the neighbors on the side that are having to deal with a lot of comings and goings that would reduce the hours of people coming and going and practicing. Ms. Weems: I am not really sure again, I do not know I think that it is just really hard for kids, especially now when we are trying to promote outdoor activity and play and I am all about practicing and refining your skills and getting better. I just wish that we would not say that you cannot do that past dusk on certain. I mean, obviously, in the summer, it does not matter because there is light a little bit longer. But, I get what you are getting at, it is not really about the lights, it is about the car lights. 26 Ms. Oliver: It is about the number of people coming and going, and the traffic that is being created by the fact that you have lights to have practice a lot longer. And so, with that if you cut those hours back then maybe it would not be so impactful to the neighbors that are having issues. Ms. Weems: Yes, and I know that you all okay sometime the other day from 9 to 9, we are not asking till 9 o'clock every night, we are not out there at 9 that much really. Maybe there are kids that go out there a couple times a week, maybe the lights aren't turned on that much but I just think that is too much of restriction, but I will definitely be great with limiting cars. Ms. Oliver: I do not see how you can do that, I think really to follow with the conditions. Well, I am up for that too, Dave. Mr. Weiner: Hold on second, Mr. Inman has had his hand up, let him say something real quick, please. Mr. Inman: Thank you, David. Ms. Weems what number of people would you be willing to restrict to be on the property at any given time that are not resident in your house in this activity. Ms. Weems: Okay, like Sundays there is the dad with his two kids. I mean a couple people spying again and I do not want you all to think that we are just like bringing in car loads of kids from all over that we do not know, that is not the case. I think the difference is why the car lights have been a problem and I think, besides a personal little matter I think the main concern is because there has been more cars because of this that we did say tell this coach that his infielders could come over. That is not the norm, so, I do not want you all to think that we are just getting baseball teams over here to practice, that is not correct, but 27 the cars have been more because this one group. So, I would be glad to limit that, if it is okay for them to come and use this during COVID, if they could four of them pile on one car or if they could just limit that I will be fine but I do not know if two cars in our drive is that too much, three cars that is fine, three cars is fine. I mean I have got my bereavement group on Sunday 4:30 to 6:30 which is on the dark, and there is six of us, there is six different cars for that. I mean, I will be glad two or three cars that is fine because it was just that rare situation with that one coach that asked us as a friend to help his kids out and during this time. I am glad we did and other people in the neighborhood have done it for soccer players as well. Mr. Inman: We are trying to deal with the number of people on your site at one time, it appears to be a problem. And, so, we are going to have to deal with that, I am trying to give you a chance to tell us and I think you have given us an indication. What we were talking about your participants in the baseball equipment and sight in the back of your house. Is there a backyard fence already there is a condition that says it is going to be a solid 6' tall fence along the backyard property line, is that something that is already there. Ms. Weems: But, the condition is to extend that fence all the way down till it gets to that ball machine, which we are fine to do. And, again no ball is pitched and no ball is hit, so, no balls can go over a fence, they roll but that is fine if that would help we will be glad to extend that fence all the way down, we have never seen a need for it, but if that would help we would certainly be glad to do that. Mr. Inman: All right, and condition number one talks about hours since 9:00 am to dusk, how about if it was 9:00 am to 9:00 pm. 28 Ms. Weems: That would be very acceptable to us. Mr. Inman: Okay. That is all questions and comments I have from Ms. Weems. Mr. Weiner: Mr. Redmond. Mr. Redmond: Yeah. Thank you, Mr. Chairman, I want to make sure that we are addressing things that are problems and not just kind of limiting for limiting sake. I agree with Mike, people do things past dusk and I mean, I do not know where that condition came from, but I think it is too much, does anybody have any more, I kind of like to get into discussions and anybody having more questions for Ms. Weems, I do not need to think we need to have her on point here if we can go ahead and go to the discussion about how we resolve this as best we could. Mr. Weiner: Any more questions for Ms. Weems? All right, we will close this and go to discussions. Mr. Redmond, this is your area anyway. Mr. Redmond: Yes, thank you, Mr. Chairman. I think it is possible that more than one thing can be true. I think it is very possible that people have had a wonderful time and I have been here before to Ms. Weems house, that was a long time ago probably about 15 years ago or something. I have been here before, it is a beautiful neighborhood, it is a big piece of property, and I will bet you there have been for many, many years, a lot of family and friends and neighbors who have enjoyed themselves there and in that regard probably is a very, very good thing. It is also the case pretty obviously it seems to me that some neighbors who have been very negatively impacted at times by the cars that are encroaching on their property. I do not know that is a function necessarily of the number of folks who are there, but where they are parking which is why I think the most and I 29 am not saying we do not need to have some sort of restriction necessarily on the number of cars, but I do not think that is a big problem because they do have a big driveway. I think would be much more sensible to add a condition that restricts parking for this facility to the applicants property and that they not park on the public part of Claudia Drive. That way, the neighbor does not have people parked on the grass when try to cut the grass or people who go to the bathroom in their yard, because there is not going to be the people there and I think that is the most sensible way to do it and I do not know exactly how to word it all, I think I kind of said it about right. But, I want to make sure that one that Mr. Inman got that we want to make sure what we are dealing with is a backyard neighborhood recreation area, right. And, not a training facility that you would think would be a high school ball field. And, I can walk to Independence Middle School, I can walk to Thoroughgood Elementary School, there are lots of ball fields around that do have people on them all the time. So, I mean if it is a commercial training facility or something that is more of a broader scale than simply a family's backyard, I think that is a different matter. But, it does not sound that way to me at least, except perhaps this one instance where there are a whole bunch of people there, which Mr. and Mrs. Weems I would urge you not to ever do again, because very obviously it is caused you a big problem. So, I would like to add a condition that says that anyone outside of the family, help me with the wording folks, but that for this use parking be restricted to the applicant's property and that there not be any parking on a public street. Does that make sense. Mr. Weiner: Yes. Mr. Coston. I am sorry, did you have a hand up, did you want to say something. 30 Mr. Redmond: Mr. Inman, I am not saying the limit is not, it is kind of a different matter but that is the thing that most concerned to me was, where are these cars. Mr. Weiner: Mr. Coston, did you want to comment. Mr. Coston: Yeah, the complainants said that they had shared some of this information they had gathered and I was wondering if Staff has been aware or seen into this information since they recommended approval. Mr. Tajan: Mr. Coston thank you, we had looked through the complaints that we have. Based on the information that we have in the system, it does not appear that we the Planning Staff actually received the photos of the complaints, I am not sure and I do not know if it maybe went to the police for parking in a public way or something like that, that was blocking Claudia Drive portion, so, we did check our files and we did not find any of the photos or anything was provided by 4 any complainant. Mr. Coston: Okay, thank you. Mr. Weiner: Any other questions or comments, Ms. Klein. Ms. Klein: Thank you. A couple of things, first I want to say that just because this recreation activities have been going on for 24 years does not mean that they did not require a permit to begin with. So, it just took this long for whatever reason for it to be brought to the City's attention, it also sounds like there is been a lot of brewing resentment over the last couple of years that may or may not have been addressed directly or indirectly, but clearly multiple neighbors have very strong feelings over what is going on in the backyard. As someone currently 31 embroiled of mine own issues or something like that I can appreciate the contention and the frustration from all sides. I do have concerns over the volume of activity that is happening at the property, and the examples that were brought forth by some of the neighbors about the things that have been going on over the last couple of years. Confrontation can be scary and it sounds like they have done the best that they can. And, we cannot say what we would do in a situation until we are actually in it. So, I do not think it is fair to say, if someone was peeing on my property, I would say something. At this point I am inclined to vote in opposition. I agree that there are multiple additional conditions that need to be put in place. And, if the applicant were agreeable to those I may be willing to vote in support, but at this time I am leaning in opposition of the application. Mr. Weiner: Mr. Inman, you had the hand up. Mr. Inman: Yes, I did. I agree with the lot of what Mr. Redmond had to say, think it is hard to put a number on the number of people that could be on the property as I was talking about earlier. I do believe that The Weems are good people and intend to be good neighbors and they kind of let it get out of control during this COVID situation. I think they are pretty much on notice that they are now, more or less under scrutiny that they have not been for the past 24 years. I think that will mean a lot to them, I think they do want to be good neighbors. So, that said, I would propose the condition number one be modified to be 9 o'clock to 9:00 pm, leave in a six foot fence, the lighting, nobody is concerned about the lighting. Nobody seems to be adversely affected by the lighting, it is down lighting it is only three lights. And, I just do not see why there is a problem with the lights I have not heard anybody. I have heard people say that there is no problem, testimony that there is no problem with the lights, people who live 32 behind them. And, so, I do not see any reason to remove the lights. So, I would delete item three condition three and I would add a condition that the number of whatever vehicles are visiting the property must be parked on the property, and not on the street. And, if those things were done I would proposed that we pass it. Mr. Weiner: Mr. Redmond. Mr. Redmond: I cannot agree more with Mike. Mr. Inman, but I do have a couple of quick questions for staff. So, 24 years she said, 24 years a pretty long time. How did this come to our attention? Were there complaints specifically about the use and about the property that caused us to get into this. Mr. Kemp: Mr. Redmond, this is Kevin, I can address that. Yeah, this came to our attention with a zoning complaint that was called into our office. As you can see throughout all this discussion, with a site like this and its location, we would not have caught it just driving through the neighborhood on our own volition, so, it came in as a call to the Zoning Office. Mr. Redmond: What was the nature of the complaint. Mr. Kemp: The nature of the complaint was that they were operating this facility and it was concerns with parking, noise and lights. Mr. Redmond: Okay. All right, thanks. My second question and I do not know if it is for you Kevin is, what is the purpose of the condition about the lighting is that just kind of something we kind of feel compelled to throw in when were there lights anywhere but just like Mike said I would struck all along, where I just look at the pictures and tell you they point downward. But, I have not heard anybody really who had 33 any problem with the lighting unless as you say that was part of a complaint that you had called in, but I just did not get that. Mr. Kemp: Right. After hearing the neighbors, I tend to agree with you on that, the lights were not the predominant thing or the complaint, it was the parking that is really what sparked it. The lights are standard in regards to protecting the neighboring properties, if it is screened enough where the lights are not an issue. I do not see how the Zoning Office would have an issue removing that condition, but they were not what brought the complaint to our attention. Mr. Redmond: Okay, thank you Kevin. Yeah, Mr. Chairman. Mr. Weiner: Hold on a second, Mr. Inman has his hand up one second, Ms. Oliver, and Mr. Wall can we go around real quick. Mr. Inman: I was going to say, I would add a condition to that this be reviewed again in a year forth to ensure compliance. Mr. Weiner: Sounds good. Ms. Oliver. Ms. Oliver: They have a beautiful piece of property and I just want to sort of designate where parking on their property is, because that is a huge piece of property and I am trying not to nitpicking, but I do not know how many acres they have which is fabulous but it is a gorgeous piece of property with plenty of room for a lot of cars, Dave are you asking them to stay on the driveway or can they park anywhere on their face property. Mr. Redmond: I do not know, I frankly I am uncomfortable trying to define where cars would have to be parked on someone's private property. As long as it conforms with all the applicable ordinances. If you come 34 out to my property, I do not want somebody to show me as long as I own my property that you can only park next to the garage and not at the end of my driveway. It seems to me if you are on their property and not on a public street, then I think that is probably as far as we should go and, I think that is a lot. Ms. Oliver: I guess that is a question for Kevin then, how does that work as far as zoning and parking goes. Mr. Kemp: In regards to parking on their property or parking in general, parking zoning ordinance in general is really silent as to where they park on their property. They are required to have two spaces for single family residence, but the zoning ordinance does not enforce other parking. If there were excessive parking throughout, it would probably get kicked to the Department of Housing for junkyard or junk vehicles type of complaint concerns but Zoning does not enforce it. Mr. Redmond: Mr. Chairman. Mr. Weiner: Go ahead, Mr. Redmond. My concern was about the neighbor who had the problems with the guy leaning on the mailbox, with the urination, with the cars abutting their property. If you are on The Weem's property then it seems to me those, those problems go away, I do think it is kind of, I am not nitpicking, but I do not know that it is, I think we get the parking on the applicants property, it seems to me we have accomplished what we are trying to accomplish in that regard and protect that neighborhood from the encroachment on their property. Mr. Weiner: Mr. Wall, do have a comment. 35 Mr. Wall: Mr. Chairman, I do. I think that Holzshausen's they have got some real concerns, that are valid. But, I also think the sort of things that Dave and Mike had spoken about, pulling the traffic off the public right-of-way. I have plenty of people that I can look at my window and I can see their cars and they are on the public right-of-way, but they are not parking on the grass and in this case it does seem like that is occurring on the neighbor's property as well as some other activities. I think that by keeping an eye on The Weem's property that there would be valid, to help address some of their concerns as well as allowing that to continue to have a backyard pitching machine in operation. I think that some of the City's conditions to help limit the activity with the lights, but it is hard to see where that actually directly correlates to their operation. So, I would in support of removing that condition also. Mr. Weiner: All right, thank you. Mr. Inman. Mr. Inman: Thank you, I have a question for Staff, can any Staff member tell us how many vehicles could park in the paved or gravel parking area driveway on The Weems property, approximately. Mr. Tajan: Give us one moment. Mr. Sanders: Hi, this is Jonathan Sanders. The Planning Commission members that did go out to the site, we were able to park at least four or five vehicles in the driveway along with the two that the applicants had. So, probably at least seven vehicles. Mr. Inman: Okay. Having heard that I am inclined to and I am going to honor Ms. Oliver's comments, but from an enforcement standpoint, it really sort of needs to be defined and if they can park that many cars in the driveway, then that should be enough to take care of business. 36 T Not to make a point, I would favor restricting the parking to be in the driveway. Mr. Weiner: That sounds good. Would you like to make a motion to put all that together. Mr. Inman: I can. I would move the condition number one that is to be changed to from 9 o'clock to 9:00 pm. And, that condition number three be removed. That parking of visitor vehicles or any vehicles on a property be on the driveway. And, that this application permit will be reviewed in one year for compliance. Mr. Redmond: For Administrative Review. Mr. Inman: Administrative Review. Mr. Redmond: I second the motion. Mr. Weiner: What about the lights, I did not hear anything about the lights. Mr. Redmond: Yeah, he said remove it. Mr. Weiner: Okay. We motion and a second. Mr. Alcaraz, do you have a question. Mr. Alcaraz: No. Mr. Weiner: Okay. So, we have a motion from Mr. Inman and a second by Mr. Redmond. Mr. Horsley: Mr. Chairman, I have a question. Mr. Weiner: I cannot see you, I am sorry. 37 I Mr. Horsley: Okay. Well, I am good to be seen anyway today. The condition number four, what is the reasoning behind that, I mean not open to the general public or shall not operate for profit, does that carry any validity. Mr. Weiner: Say that one more time Mr. Horsley, I am sorry. Mr. Horsley: I say, the condition number four by not being open to general public and shall not operate for profit. Does that condition really need to be in there, does that carrying validity to the situation we got here. My assumption is that some of The Weems, Ms. Weems is probably there all the time anyone comes anyway, so, I do not think they are going to just let anybody come in like a general park and things like that. I do not understand why that condition is in there. Mr. Tajan: Mr. Horsley, we put that condition in there because it was requested of us in the discussion with the applicant that there are people that were coming here were not advertised to come here, as they had told us and hearing that it is not a business that they are making no profit from and, then also that they are not actively advertising to the general public. That is what that condition is meant to say is best to reflect how they stated their application. Mr. Horsley: So, they actually requested to put that in that. Okay. Mr. Tajan: They did not ask, but that is reflective of what they had explained to us in their application. Mr. Horsley: Okay. Mr. Weiner: All right, so we have a motion and a second. We are ready for the vote. 38 Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: No. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: No. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: Vice Chairman Wall. 39 Mr. Wall: Yes. Ms. Coleman: Chairman Weiner. Mr. Weiner: Yes. Ms. Coleman: By recorded vote of eight for and two against, Agenda Item number eight has been recommended for approval with the addition of conditional one, to reflect a 09:00 am to 09:00 pm time. The removal of condition number three, and a condition added to restrict parking to the applicant's property and not on Claudia Drive. Administrative approval is already noted on condition number five. AYE 8 NAY 2 ABS 0 ABSENT 1 Alcaraz NAY Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein NAY Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. Use of the Outdoor Recreation Facility shall be limited to the hours between 9:00 a.m. to dusk 9:00 P.m., daily. 40 2. The applicant shall maintain a solid, six-foot tall fence along the backyard property line adjacent to the outdoor recreation area. 3. The existing lighting along the backyard fencing fer- his use e removed. No lights shall be used in conjunction with the Outdoor Recreation Facility. 3. Parking for this use shall be limited to the subject property driveway and not within the public right-of-way. 4. The Outdoor Recreation Facility shall not be opened to the general public nor shall it operate for profit. 5. Subject to Section 221 (k) of the Zoning Ordinance, an annual review of the Outdoor Recreation Facility Conditional Use Permit, based on the date of City Council approval, shall be performed by the Planning Director or his designee to assure that the use does not conflict with any adjacent land uses. 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. 41 To whom it may concern, We live in close proximity to the Weems residence at 1420 Claudia Drive. We do not agree with any restrictions placed on them in regard to their backyard. We do not have any issues whatsoever with lights on their property, noise, or who or how many people visit them. There is no negative impact on the neighborhood or any of their neighbors. Honestly, there is no issue here, and we support the outdoor activities taking place on the Weems's private property. Thank you for considering our input. ) . (. ---'v , -1l«' I; .` Ur .1c1C(t_ 1/ (A-Vt5c-C") \A(z6 L /etc+ �i!'r 15r. 'f r , ki `/ FLU! lot_i l _c__ , "_______ ________________ 4 ovvio-- ''') \ , - c.__ 0-\\,- )4_,,, c__ ,„ ( _, , ,1 ` � , , cou(ha, ) , „ IhOrAt4 A____} 1 t t ‘., ') . .:�, ,h j, JI C I�.ut�'t , (- - ,. , , „i . . -7 . ' ` A t IZ to af er liu. 'A5 tad ece, t � ,v, Ait„yi„ it, , Ill 041d1KbL (Hs- leafs here • To whom it may concern, We live in close proximity to the Weems residence at 1420 Claudia Drive. We do not agree with any restrictions placed on them in regard to their backyard. We do not have any issues whatsoever with lights on their property, noise, or who or how many people visit them. There is no negative impact on the neighborhood or any of their neighbors. Honestly, there is no issue here, and we support the outdoor activities taking place on the Weems's private property. Thank you for considering our input. z.,��-t i C . ' 1 e z /12 F/ aS ` , , e C� /1'5 C I at.. .<< �- c� • • CIeild a 0/4C' ( E-1 /lid9 2,aa-elf ‘11,(24.1 To the Department of Planning and Community Development: Please do not put unnecessary restrictions on the Weems and how they enjoy their personal property. We fully support their dirt area, lights and portable ball machine and net. This area under scrutiny is located in the very back of their 2 acre, wooded lot. It backs up to homes on Lakeside Rd., where we live. You cannot see the lights from Cullen Rd. or any part of Claudia Drive. Most of their neighbors don't even know these lights exist unless you have been in theft yard and played in this small, hidden area. We are glad they live here and are willing to let our family play baseball, soccer etc. with them and their granddaughter. Thank you. CIA/E —57/�✓ / aMa s / ' n -5 /Y-3 Li-I�� i � 64U vt am/ x /c 9 t3 �5 3 . ,_ October 25,2020 City Council Members, We are neighbors of the Weems and support them getting a special use permit. We have never, nor do we now,have any issue with the Weems having kids and families over to their house to play and enjoy their fun yard. We support the outdoor activities that include jumping on trampolines, swinging, playing baseball,soccer,croquet,slack-lining, climbing trees and fishing. We support the dirt area in the very back of their property that provides a place for kids to throw and catch baseballs. There is absolutely no problems with noise, lighting or increased traffic because of the Weems's kid-friendly yard. KW-9-9 ) , . I3g5 hey 1AP Pa c,e _ 11• iAsL7 _ r =bC. 13V1kr, ORSPAIC-.Q. 1� ?lot L.42► s r4 z ad, pit/2 ifoi"4464./.4fz44.„...._ 1391 ,z,.415;,14 October 20, 2020 Dear City Council Members, We are next door neighbors of the Weems,and we have lived here for approximately 10 years. In fact, our backyard directly backs up to their backyard,specifically the area that has dirt,a net, ball machine and lots of trees. This area has been here the entire time we have lived here. Their yard is super kid- friendly with trampolines,a tree house,swings, outdoor games,slack-lines, a croquet yard, lots of play area and Lake Smith. On most days,you can hear children laughing and playing. We have never had an issue of noise coming from their yard. Even when they were raising teenagers—nothing. Our kids play with their granddaughter,as well as many kids from our neighborhood. They move back and forth from yard to yard and house to house. We understand the special use permit will allow kids to continue playing baseball in the back of their property. This is the area right next to our fence. It is simply a strip of dirt where kids catch a ball and throw it in a net. We do not have any issues with noise, lighting,the amount or time kids are playing or the number of people at their home or in their yard. We don't understand why the Weems need a special use permit for normal backyard activities,but we certainly support it. This family is an asset to our community,and we are so glad our children and others can enjoy their hospitality and friendship. Thank you. IL/ Troy and Cindy Lewis October 8,2020 City Council Members, Planning Department and Zoning Division, We own the house on the corner of Cullen Road and Claudia Drive in the Lakeview Park neighborhood. We have owned this property since 2013. Our backyard backs up to the Weems's yard,and our mailbox is located on the gravel,dead-end road that leads to their house. While renovating the house,we were there on a daily basis,both during the day and night,for about a year.We have since rented this house to 3 different families. We have never had any issues with noise coming from the Weems's property.We have never had any issue with cars driving down the gravel road next to our house in order to visit the Weems. We have never had an issue with any lighting coming from their property. In fact,the Christmas lights they display for our community each year is known throughout Virginia Beach. None of our rentors have ever expressed any concerns. Interestingly,they have loved living next to the Weems! Their children have always been welcome to jump,fish and play baseball at the Weems's kid-friendly house and yard. We actually use them as a selling point when rentors are looking at our property. They are wonderful neighbors! We bought, live and own 3 rentals in this neighborhood, because it is so family oriented. We raised our kids here,and now can watch as others do the same. The Weems have provided a wonderful place for their children,friends and grandchildren to play and enjoy childhood. We are at loss to why anybody would object to this. Please allow the Weems to continue using their backyard as it is intended to be used—a place for kids to laugh and play!! �y r Planning Commission and City Council Members, I am in support of the Weems and their backyard play activities. My family lives off of Cullen Road and I have known the Weems for about 25 years. As a teenager, my sisters and I played with their kids, and now my daughter is good friends with their granddaughter. This fall, we were at their home daily as our kids were in a carpool together. The lights in the very back of their property are not flood lights. They face the ground. They are not intrusive to any other adjacent property. It is interesting that pools in our neighborhood can have lights, basketball hoops on driveways can be lit, tennis courts can have lights, batting cages can have lights, back yards can have safety lights— unlimited flood lights, yet lights facing downward on dirt so kids can see a rolling ball is somehow unacceptable. It is also quite mind-boggling how chainsaws can be used at 7 am, bands and music can be played until 10 pm, yet this quiet, fun area cannot be used after dusk. I cannot understand how a government body can restrict the backyard use of this family, especially when it gets dark a few minutes after these kids get out of school. This area that 1 or 2 people are objecting to has been there for 25 years. Twenty-five years without a complaint! Please let this family continue to enjoy and share their backyard with family and friends, and turn your attention and energy to something that matters. Thank you. 1 .:\Pill/14 17?- . i? - � Cvv \ ri January 7, 2021 Planning Commission and City Council Members, My name is Beamer Weems, and I grew up in the Bayside area of Virginia Beach, specifically at 1420 Claudia Drive. f vividly remember when our parents first took us to the property and house as potential buyers. My 4 siblings and I loved the place! The yard was huge, on a gravel dirt road and on a dead-end. To top it off, we had access to Lake Smith. This was truly a kid's paradise! My parents quickly made an offer, and we moved in the Spring of 1997. My fondest memory of my childhood and young adult home is the groundball area that my dad and I "pounded" out. It is a strip of dirt that is surrounded by trees, and it is located at the back of the 2 acre lot. My dad made a ball machine that pointed downward and would release yellow, rubber balls. These balls would roll, and I would scoop them up and then toss them in a net a few feet away. I was an avid baseball player and wanted to practice all the time. I wanted to be the best defensive shortstop around. At that time, I played on several teams along with my school team. Since I didn't get home from school and/or team practices until well past dark, I asked my dad to put up lights, so I could practice at night. The lights face straight down to the ground, so the rolling ball can be tracked. During a typical team practice or game, an infielder only gets a handful of groundballs. In my backyard, I could easily take a couple hundred a night. I invited teammates and friends to come and practice as well. My dad played baseball for Clemson, played professionally for the Houston Astros, then coached at ODU and Virginia Wesleyan. He has helped with several of our high schools and also travel teams. He knows baseball, specifically infield defense. For the last 24 years he has graciously shared his expertise to any kid who wanted to practice and get better. This groundball area grounded us. It was a place to hang out, practice, play and become the best we could be. The other alternatives offered to kids both then and now are not nearly as favorable. My dedication did pay off as I was able to play for Baylor University before being drafted my junior year by the Padres. I was able to play almost a decade before an injury ended my career. I now am passing along my baseball knowledge to youngsters in my area. During my childhood and teenaged years, we never had one complaint of noise, lighting, traffic, etc. Believe me, we had a lot more going on when the 5 kids lived there and all participated in multiple team sports! Our backyard is family and kid friendly. It is hidden at the end of a dead - end gravel road. The groundball area has never been the source of excessive lighting, noise or traffic. It is a place for kids to do something positive. It is a place to dream and strive to make those dreams come true. Mew add.:r.w suppt.,e wid tin NM.Casuesam Ain Women S.-rime �: ...- s. 110. Seim, qis.w<svxss wW w•nor...,..a er w.w..n.<�rc.wr...L.wnt.i w w.art.....n<r.u..r pr[p.nvr<M>r.L....r.....nvo-w......,r.,u.a.w.s n.o-.w.�r.rwenw..w•1•.w—' .e 4<m<.<�. r n«<�....a..M..rb..w�wa w.va.rr w...a<w sW.��.w.. Good Evening My name is Justin King and I lived as neighbors to the Weems family from August 2014 to May 2017. I can verify that not once was there a reason to complain about noise or traffic. I am aware of the baseball training that goes on back there but never once heard it from my yard on the other side of the tree line. The Weems family were outstanding neighbors to us and never did I feel bothered by the lack of noise coming from their property. There is hardly any traffic down there road to their house as it is a gravel road and leads nowhere but their house so nobody has a reason to go down it. As for lights are concerned, I never had lights shining onto my property and see no reason that any lights would be a disturbance or distraction as the treeline blocks all light coming out of their property. The Weems family are pleasant neighbors and always have the neighborhoods best interest in mind. Justin King 757-439-5568 Dear Planning Department, We live on Lakeside Road and have lived in this neighborhood for years. One of the main reasons we bought here was because of its country feel and family friendly environment. We have two children and wanted to raise them in a community that was fun, friendly and family oriented. We know the Weems well and have spent a great deal of time within feet of their yard, specifically the area of concern which seems to "annoy" a very small few, or two. The Weems have an open back gate philosophy. We have played in their yard, in this area, on their trampolines and on their tree swing when they have been home and when they have not. We have attended Halloween Parties, bon fires, Easter Scavenger Hunts, Christmas light gazing etc. on their property. We do not support any restrictions on what the Weems are doing and playing in their own back yard. Their lights in the very back of their property shine directly down on the ground. They cannot be seen from Lakeside Rd., Cullen Rd., or Claudia Drive. Kids in their yard do not cause trouble or excessive noise. Unless you are very familiar with their yard you would never know this dirt area, ball machine and portable net were even back there. Please let them continue to enjoy and share their yard as they have for almost 25 years. Thank you. j14/ ‘j I I kKLI O . January 7, 2021 To whom it may concern: I am writing this letter because it came to my attention that there have been concerns raised about impact to the neighborhood regarding the Weems use of their property. Our family rented a house, 4921 Cullen Road, from Zach and Jennifer Holtzhausen, which is located across Claudia Road from the Weems. We rented that property for a couple of years. During that time we were not even aware that there were lights at the back of the house. I have been to their home, in their back yard, on several occasions and even at that point I was not aware of any intrusive lights or noises. I was aware that Billy Weems was coaching baseball, families did park on the street in front of the Weems home, but only for short periods, maybe twice a week. I am a stay at home mom, and I never had a problem with anyone coming and going from the Weems home. I always found the Weems to be very considerate neighbors, when their son was married in their backyard, Carolyn and Billy came to us to let us know when the event would take place, and asked to be called if we had any problems. Their guests were very considerate and we had no problems. If you need any additional information, I am happy to help. The Weems family are wonderful members of our community and I wish all of our neighbors were as considerate. Respectfully, (J1/ Tammy Otani 361-779-7859 metteerotani@gmail.com Mow GIMOMMO sm. mmsmssmssmOs Mrs hamMe, Munk yost Ik W.®. SerI from my Mom ..me. �mim-Msomry.. 0...> 29'HEST r..wim. m„ Shalom leam *KM,* My Mama ��fl „45s �.,w m,.,,.�...,,. ,.,,,.,we ea,contain ,,..M,.,....,.,.,, ,*..M,2.0ha.,..,.00...m.,.,..,.._.or,,...,..,*,.,.�1„4...,. .n..<,r,.a..a.a nc1y1«.,1..a,x.1,.u5rt.c1 ci....e. >r n.,r•r,1 nw e..ror.1,wy,..w en.pY,..,•..y. Dear To Whom It May Concern: I lived at 4917 Cullen Road in Virginia Beach, VA with my family(husband and 2 boys)from November 2017- January 2020. The Weems were nothing but very hospitable to our family. I never knew they had any baseball ground ball area in their backyard,until Carolyn showed me one day while the kids were playing. I never heard anything from the baseball area or saw any lights coming from their backyard. I never noticed any excessive traffic or disruptive teenagers coming and going from their property. The Weems are a very kind and loving family. They love the neighborhood they live in and would not do anything to disrupt the neighborhood that they have raised their children in, and are now raising a grandchild in. Please call with any questions or concerns about the matter. THANKS! Jennifer Killgore 803.530.9993 1/12/2021 Subject: Conditional Use Permit for property Located at 1420 Claudia Dr. Dear Mr. Sanders. I have discussed the request for the conditional use permit for termed outdoor recreational area with Mr. and Mrs. Weems and I totally understand and appreciate their desire to continue the use of their property as a means of entertainment and practice for family and friends. Many of the kids use the ball fielding area to enhance their ability to field balls for the upcoming season. The Weems have created an environment that kids can enjoy and train for various sports. It is my understanding that no fee is charged for the use of this facility. In this I do not see an issue. However, I have received some concerns about the traffic issue that arise from multiple vehicles parking in the area waiting to use the ball fielding facility. Complaints of running motors, vehicle lights, discarded trash and kids urinating in neighbors'yards give me a serious concern. I know I would not appreciate this atmosphere next to my house so I can understand the concerns. Perhaps some sort of conditions can be agreed upon where the traffic is limited. Perhaps 2 vehicles per hour. It is my sincere hope some sort of mutual agree can be reached among the city and the parties concerned. Thank for your time and effort in reviewing this issue. Best Regards, Paul Calhoun President, Lakeview Park Civic League 9 Residents Opposed to Outdoor Recreation Facility Conditional Use Permit at 1420 Claudia Drive Name Address Signature \ 3g • t,a:tZal%de .mod 131'cl.rn.keSi(d-e. Ad Ve + a-LfF vu. 8 Qa_oA 141.- —3 q s ca t j-,( Vie', ., z 1 417h4--- 7 C_ ;, i ) a 31 ) Lc 5 Ici e k_ct : 1/C( 6,0oc_lik Vid a .)4) 55g.). 24,---441(1L__, P15)-vikoLCen (/ 4' fA-- d.. VS-le---- - ----._,_ L/?6 0 col/eel 1oP P. Cr.°).(, ---16e-r-# l*i &AGA 2_34-f SS )1A,1 ?‘' `'1.- (-1116( yQU Cu Ph f ! T I� e 2 M°05 LA it44,4t. a V� isol c_i_44 L.51)(4 DR. J Mfq `7 cA 6 -L v46, l�l� 2-3vs5` i r too C) EIR h/ as It v. pit, 4, \i, 7, ,,,,“ -9 /,4,, `1 3 fri - 6. �� lii/ (�i� cam' gi2saYel ///14/ tA ilegA 2.3 5/5- dIvajO/4/ — y n ,SCA �QT►Qe) Ie z It 9S� G�i/e� a . EA(N , v,9 Ss- `u 1 4 ``'"°67 "r I'LL & tr4/cGr,,i �- 20 J aeA, Residents Opposed to Outdoor Recreation Facility Conditional Use Permit at 1420 Claudia Drive Name Address Signature /`t V L i a .- A,= 143Z C•kud ►'� �? . .\.--. S-6Vc' i L L.K5'E-- C 1\ / 1 • Z3$ s 1`4 07 jkbrAfok 10. Soto, 12ar i e-,L ✓A is , v►q A 2 -W 1 $ 1/./ a A LAN/5-0/ . /v 3‘ G � n I`�� J,✓�/�� etc: / ZtI Il P( 1.2%c e , Y Q ry$-c yq►1 Q LLcr.) tZ01.,1) GLe,o -P►z-tAto UA V►2C,►3►At 3EQc4 , v►ar N‘ i (-a " L 9 Cu f1&n S . lar ha kr ,2s. C , ge iyh I,t- a-'i55 ate 04/1 9,124 Gutltpi Rd Jeilh l2hau o \t r; V k 2 K$s, yQss-- Ta ri11 d .Ye A ---D enh05 11:1t; 4 lk V4 1/4 o 4 -c-..r. ail 1 54g4/ C(rccEA) AID /11//! A44 577CE VA BCNi VA �3ySS /1 MI LI(G a cva;4. t'c Jt z�H ss fr°717- — arU( L rg v►W Q 0 - - - • tN m • • a W • vi n a stU 0 0 C .0 .5 0 0 0 4111/ t 02 1 V c0 c- o cao :f7);V n 000 o.cv a x. ava 0.- 0 h cto' c 112U 1.12 coNca sirs .` zi 0 0o a m . We understand that the proposed variance was requested under the pretense of providing a safe place for children to play in response to restrictions imposed by a global pandemic, but this is simply not true. We have been attempting to resolve issues concerning baseball related business activities on the Weems property for 12 years since we bought our home. This is"an after the fact"attempt to gain approval for ongoing activities that negatively affect the neighborhood. The current use of the Weems property to conduct baseball lessons for profit already results in an unreasonable amount of traffic for the one residence at the end of the unimproved road, it brings a continuous stream of customers,and it creates a hazard to residents in the form of clientele who have zero concern for speed limits or the rights of tax paying property owners. If the permit is intended to grant permission for the construction of facilities beyond current activities,we object for the same reasons.The entire 315' length of this section of Claudia Drive forms the boarder of our property. We,along with the other residents of this neighborhood who choose to live and pay taxes here do so with the expectation of reasonable noise levels,traffic,and privacy. We feel that the noise, lights,and traffic associated with these activities are contrary to the intent of Virginia Beach City Code,Appendix A,Zoning Ordinance Sec. 501.—Use Regulations for a residential neighborhood. Specifically Sec. 501. Paragraph(b) (5) states that any accessory uses are allowed with the stipulation that there is no; -"visible or audible evidence detectable from outside the building lot,either permanently or intermittently,of the conduct of such business"-Everyone in this neighborhood understands the challenges of yard maintenance and the need for power equipment. We all embrace the sounds of children playing, but the almost daily use of a backpack blower for hours at a time to maintain the "ground ball"facility is disruptive to the point of being unacceptable,the lights from their baseball facility are visible from almost every property surrounding the Weems lot,and the sound of lessons can be clearly heard from up to 100 yards away at my home. -It is also stipulated that, "no traffic is generated,including traffic by commercial delivery vehicles,by such activity in greater volumes than would normally be expected in the neighborhood" -Typically, (three or four days a week)when lessons are occurring, up to 10 vehicles at a time are observed attempting to navigate the unimproved road that provides access to the Weems residence. At times Claudia Drive has been blocked such that it disrupts basic services such as USPS/UPS delivery vehicles attempting to navigate the street. -The code further states that, "any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard" -The unimproved road that serves as"the street" is routinely filled with parked vehicles. Many of these vehicles are large diesel pick-up trucks that sit with engines running and generating enough noise that it impossible to enjoy time in my adjoining back yard. The trucks driven by young clients often accelerate rapidly as they leave,throwing stones into our property. My wife and I have actually been struck by stones thrown up by these vehicles while standing on our property. Patrons of the Weems baseball facility have on several occasions parked in or turned around in adjacent yards along Claudia Drive. Due to street parking during lessons, the end of the unimproved road takes on the appearance of a busy parking lot. This becomes especially tiresome on weekends and holidays when the lesson schedule is expanded to accommodate increased customer demand. We have expended considerable time, money,and energy improving our backyard over the past 12 years, but any time we attempt to enjoy what we have accomplished,we are subjected to the constant presence of traffic raising dust and of baseball clients staring into the yard from their parked vehicles. -It is also required that,"the activity is specifically designed or conducted to permit no more than one (1)patron,customer,or pupil to be present on the premises at any one time"six to eight students are typically observed at one time with multiple shifts in addition to their parents who typically sit in their vehicles for the duration of the lesson. Vehicles have been observed dropping off up to four students per vehicle. The waiting parents have engaged in activities including, but not limited to trespassing, littering,the destruction of property, urinating on our property, public disciplining of children, remote business meetings,and after dark their headlights are typically on and shining in the windows of my home. The attached petition speaks for itself and the residents who oppose this variance are not asking the city for anything except that the standard is maintained and the law is enforces as it was written for the protection of every resident who lives and pays taxes in this neighborhood. Respectfully, /./• / hary (id Jennifer Holzhause 4921 Cullen Road Virginia Beach,VA 23455 From: Meahan Deihl To: Jonathan D.Sanders Subject: Re: 1420 Claudia Dr Outdoor Recreation Facility Date: Wednesday,January 6,2021 3:33:28 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. On Wed, Jan 6, 2021 at 3:29 PM Meghan Deihl<immd.md68@.gmail.com>wrote: Mr. Sanders, I am a resident of Lakeview Park in Virginia Beach, and have resided at 1448 Claudia Drive for 27 years. Today, January 6, 2021 this subject matter was brought to my attention. I understand that there is a conditional use permit on said property of 1420 Claudia Drive. This sign is not visible to any neighbors to see, therefore,no one knows about this petition for this" Outdoor Recreational Facility". I do not believe that this facility should be permitted in our residential neighborhood. We have a public park on Mackenzie Road and another such facility is not necessary , especially on a dead end road. I do believe another Conditional Use Permit should be placed on the Main Street , Cullen and Claudia Drive, so other neighbors are aware of what the residence at 1420 Claudia are proposing. Thank you for your time in this matter, Meghan Deihl 1448 Claudia Drive Virginia Beach, Va. 23455 Dear Mr. Sanders, My name is Blake Thiemann and I rented the house on 4917 Cullen Road Virginia Beach, VA 23455 from January of 2020 to October of 2020. During that time there was an abnormal amount of traffic and a plethora of different vehicles going down the road beside my house to the address 1420 Claudia Drive Virginia Beach,VA 23455. It was a bother and later and issue when the cars that were coming in parked on my lawn, without asking. My wife and I rented the house because we loved the yard and privacy that the backyard somewhat held. But when you have multiple cars coming in and out all afternoon it ruins that. The neighbors are not the exact reason that me and my wife moved out early, but it was a relief to know that we wouldn't deal with that anymore. This is just the issues that I had during my time in the house.Thank you for your time. Very Respectfully, Blake Thiemann From: Hoa N. Dao To: Marchelle L.Coleman Cc: Jonathan D.Sanders Subject: FW: Virtual hearing Weems prop@1420 Claudia Drive Date: Tuesday,January 12,2021 5:43:12 PM Please add to Supplement. Sincerely, Hoa N.Dao,Planner III a hDao@VBGov.com (757.385.4298 Original Message From:Richard Howell<drlv3rx@verizon.net> Sent:Tuesday,January 12,2021 5:34 PM To:Hoa N.Dao<HDao@vbgov.com> Subject:Virtual hearing Weems prop@1420 Claudia Drive CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sir or Madame; I reside at 1417 Claudia Drive Virginia Beach,Virginia. I called too late to get on the schedule for the meeting tomorrow so decided to send an email. I spoke with your planning department when this came to my attention. Carolyn,whom I have met only once,introduced herself to me at my property. It was Halloween day. She asked if I would sign her petition. She said she was being fined by the city because she was having a Halloween party for some neighborhood children who were friends of her granddaughter(I'm guessing ages around 9-10.)and they were too noisy. Obviously I was lied to,the fine was actually for the illegal use of her property. I am still angry,hurt and surprised that an elected official(school board)would lie to get what she wanted. My concern is for a very quiet,peaceful neighborhood. We are all on about an acre of land,some of us are old, some young,some with babies,some with adult children. Some are gardeners,some are bird watchers(I believe we are a bird sanctuary),some have pools,some enjoy walking. In other words we all enjoy the peace and quiet here. We are concerned that you will allow this calm to be broken by the noise and traffic that accompany an outdoor recreational designation. Is this for the good of the neighborhood? It is for the enjoyment of non residents who don't care what this will do to us. Are the Weems running a business? I know how much noise we suffered from the last batting cage they had. Please don't let them repeat this. If it wasn't an irritant it wouldn't need a variance would it? I am concerned that this one family thinks they can do whatever they want without regard for their community. We are all responsible for keeping the peace in the neighborhood. I have asked to be removed from Carolyn Weems petition. If you have any questions I can be reached at 464-2852 or at this e-mail. Thank you for reading this and please oppose the variance. Sincerely, Mary Howell 11 \ \ it5 0 , , -Al . 46 , /1 k I c'l • % ‘0 \ . 'i o N N Io m Q O co O G t4 a a o O (V Io e \ •)• CO . P.)�� o o 0 ,*ttill.P\ 0 , C12 -'", / m , o <,/ ' ZIl & l'\\\ iiii.000 1 z r• .---, \\ ' 4 ' At L-* co itO N l iiri . • •116 \ \ b 0 4t l O ix %Ili II 10* gmiffe7 c 5',\ . ' ' ./ e ---"%%04b. , \''',;\ c7) a) 4141V1 ,°' ‘ - . I ,4 40* ‘‘- V \ 44. ? e \ * .itair in •-'* \ *.‘ VIEWIft\ ao 44 A ',# .41.#7 ,N, ... a4.‘40.44 4,► itt,,\rrr�, . 4 r�,„-- %* � N 1 \a SWIM A P o cl LL es\''.1411) 0") v �`*it ii*"di•I'Ailey -‘ \ -[&, co ,. ,ikv <e . o i ml 'FZ. -t7,1 -,,,,,, ....._ ...0,.�0 .�� cc i_*,i NV' \\* \\ ,,, '', co . .) 1- ,‘„,k u, ,, \ for ___, OnSI 4 ° ♦ Q to a N m a ° ' ' ' fie ' t 0 -_\ \' 9 0 0 i 041 �,i si CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: ASIA MITCHELL [Applicant] TOUZOS FAMILY, LP [Property Owner] Conditional Use Permit (Beauty Salon) for the property located at 4654 Haygood Road, Suite D (GPIN 1478368597). COUNCIL DISTRICT— BAYSIDE MEETING DATE: February 16, 2021 ■ Background: This application is a request for a Conditional Use Permit for a 750-square foot Beauty Salon within a unit of an existing office building. The Zoning Ordinance identifies a Beauty Salon as a conditional use within the 0-2 Office District and as such, a Conditional Use Permit is required. The applicant recently began operating the salon and was unaware of the need for a Conditional Use Permit and has applied for the Conditional Use Permit to rectify this oversight. No modifications to the exterior are proposed and no new signage is proposed. • Considerations: The use provides a service to the community and will not change the character of the neighborhood, nor does it affect the surrounding residential properties any differently than the by-right office uses permitted on this site. Activities, including parking, deliveries, etc., associated with the Conditional Use Permit and all other by-right uses on the site occur in the front of the property, away from the adjacent townhouses that share the rear property line. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On January 13, 2021 , the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 10-0 with the following conditions: 1. A business license for the beauty salon 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. Any on-site signage 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. Asia Mitchell Page 2 of 2 • 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 �I�I(' ' City Manager: Cfr9 Applicant Asia Mitchell Agenda Item Property Owner Touzos Family, LP Planning Commission Public Hearing January 13, 2021 . , 1/BCity Council Election District Bayside 9 Virginia Beach Request Conditional Use Permit(Beauty Salon) Staff Recommendation K Qa° pz,\ \ ��,� Approval a 6 40,,, .4, a a 5 4 9ooa R. c Staff Planner a P,a 4"'° I , 1 Jonathan Sanders 3es""6 • vas` � Location 4654 Haygood Road, Suite D wisp GPIN '� 1478368597 / Site Size t- 1.97 acres goad s i ,,� Ill A I C U Z H'�Q°°a v a°P•"°off'' g yi9 ,.c O`� S a Less than 65 dB DNL /V� �``���^° e�,..?",F ' c• a Watershed os‘,'„oc.3�� 'c ' o°1 X Chesapeake Bay Existing Land Use and Zoning District Ns r Mixed office & retail/0-2 Office " ; ,,� y .. fir . -' I '17 Surrounding Land Uses and Zoning Districts a #� V ` North ` 1t'' `i �-- ',.. ,-' Townhouses /R 2.5 Residential :µ T \I. ,,' South •" •�. ' .. /4', � Haygood Road ° ' �,.. - 44, ` . ,� \ - , Shopping center, mixed office & retail/B-2spi •' "' Community Business ,. aRoaa �_ East ''` l' ;,sig. Mixed retail/ B-2 Community Business - „4„ ., • " West r'',.,;. '= , . Fire station/ R-2.5 Residential s� ' Asia Mitchell Agenda Item 9 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a 750-square foot Beauty Salon within a unit of an existing office building. The property is located along Haygood Road and is zoned 0-2 Office District. The Zoning Ordinance identifies a Beauty Salon as a conditional use within the 0-2 Office District and as such, a Conditional Use Permit is required. • The applicant recently began operating the salon and was unaware of the need for a Conditional Use Permit and has applied for the Conditional Use Permit to rectify this oversight. • As the site was developed for office use, it has adequate parking for all uses on site, including the proposed beauty salon. • No modifications to the exterior are proposed and no new signage is proposed. • The hours of operation are 9:00 a.m. to 8:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday. There are two employees. • Zoning History • # Request 1 CUP(Church Addition)Approved 12/17/1984 1 2 CRZ(B-2 to 0-2)Approved 11/26/1996, �'i3 e 3 CUP(Tattoo Parlor)Approved 10/15/2019 �44 CUP(Tattoo Parlor)Approved 12/11/2018 n.te �:� �'i 1 `I'II 5 CUP(Indoor Recreational Facility)Approved 11/24/2009 CUP(Fuel Sales)Approved 11/28/2006 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 Beauty Salon on this property zoned 0-2 Office District is, in Staff's opinion, acceptable. The use provides a service to the community and will not change the character of the neighborhood, nor does it affect the surrounding residential properties any differently than the by-right office uses permitted on this site. Activities, including parking, deliveries, etc., associated with the Conditional Use Permit and all other by-right uses on the site occur in the front of the property, away from the adjacent townhouses that share the rear property line. 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 hygiene, licenses, recordkeeping, inspections, cleanliness and permitting. Asia Mitchell Agenda Item 9 Page 2 Based on the considerations described above, Staff recommends approval of the application subject to the conditions listed below. Recommended Conditions 1. A business license for the beauty salon 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. Any on-site signage 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 Chesapeake Bay Watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT Haygood Road 20,700 ADT' 25,100 ADT (LOS^"D") Proposed Land Use 3—No Change Anticipated I Average Daily Trips 2 as defined by a 750 square 3 as defined by a 750 square foot °LOS=Level of Service foot office salon Asia Mitchell Agenda Item 9 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Haygood Road is a four-lane minor urban arterial.The MTP shows a four-lane minor arterial with an ultimate right-of- way of 110 feet.There is currently no roadway CIP scheduled for this segment of Haygood Road. Public Utility Impacts Water&Sewer This 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 December 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 27, 2020 and January 3, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 28, 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 January 7, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 1, 2021 • 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 February 12, 2021. Asia Mitchell Agenda Item 9 Page 4 Proposed Site Layout • .� f. .,a . - -?,-) , 3..., ..ii, . e) .,, ... . \ .4.... ,, k " _ r • � Q II Pi' s ` - y ....ors a ,. i.// ✓ \ \ .. t Ik 1,4 , ,4., 1 a. ; ,r it D , • , , , 411.40.111. . , \ „.. ple 0 . wit, , , p h.. F 0 st . woo\#, ,„.... 40 r3 r- it Q ° 11000.1. �/ J "stop .4 01141 L 4, di . s .. .0.11t - / , Alt'. I Asia Mitchell Agenda Item 9 Page 5 Site Photos 4 , ., ...,.... , , .. .,„ .„,.... :.,., — \ `c,z , �'` [ru a '4 b ,�„" '.�'rn.r ,, Vel'.4ARf' , x�i41 n ",' Y 'w P �- h, A zt,h.. si .'Y� yip_ ,t'eV. tfr.e„-'-.i •' t .y�4 k ,. .s., _, • gam' ,, ,A .�y�.. , _ '' ,,,,,,..._._„,._>°-..... * ' _____,_ "Pf___--------------.—.......--',___.1) ___, 1111 I ling- - :__._ ___________-. 'Ill liamot_gar':1111111110wrni_ i,,,_4-:1----7. 9. 7 i ' i .y l - I sr,___te 44 fi \ = . '� ,,4 - ;.Li---...-L_, , lji "Oil AMON'''')Killw." Asia Mitchell Agenda Item 9 Page 6 Disclosure Statement Disclosure Statement Manning&Community lkwvdo[xnent The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name 14)J a I c l rf f — Does the applicant have a representative? 0 Yes No If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?ss Yes ❑No If yes,(jst the names of all officers, directors,members,trustees,etc.below. (Attach a list if necessary) 1k Aft Chi (1 o t1�,1 • If yes,list the businesses that have a parent•subsidury'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) _Sk-1'1 cr(?± L C n6j- Afattili(1n+ 10 ickcl <th (3'3 (/alert I,of 501e /10 ✓✓ l3 ac% 2--3YS y "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 I 2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relaticnship,that exists when(i)one business entity has a contra ling 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 4 2.2.3101. 1Ii'aie era�� Asia Mitchell Agenda Item 9 Page 7 Disclosure Statement Disclosure Statement \73 Planning&community De riopmcnt Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes rSji No • if yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,crosstoll fixation,etc)or are they considering any financing,in connection with the subject of the application or any business operating or to be operated on the property? O Yes tNo • If yes,identify the financial institutions. 2. Does the applcant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? O Yes It'No • if yes,id ntify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 1 Yes 0 No • If yes,identify the firm or individual providing the service. 1 SmtA ll 9 f i ru S S 511C(i01. 1-- th v;I4-;rtifl 4)xnc_j'1 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes IfNo • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes No • If yes,identify the purchaser and purchaser's service providers. 21 : Asia Mitchell Agenda Item 9 Page 8 Disclosure Statement . __ . {� Disclosure Statement \B —••.�� Planning&Community Ikw•elopment 6. Does the applicant have a construction contra t or in connection with the subject of the application or any business operating or to be operated on the property?0 Yes o • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in ccor�ection with the subject of the application or any business operating or to be operated on the property?0 Yes \J CVO • if yes,identity the engineer/surveyor/agent. 8. Is the applicant receiving legal services irfonnection with the subject of the application or any business operating or to be operated on the property?0 Yes NNo • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. pliant Signature " /0./Chill O0/1 Print Name and Title Date Is the applicant also the owner of the subject property? 0 Yes 'No • if yes,you do not need to fill out the owner disclosure statement. 019BIA, 101111841 s oven be wgittemel OW ! to l�ftYl�M< i Rtl11t G ckM► t7tk S4ut+d1 mectirie El N•Mange*.•f °a„ 1/28/21 '"we ,onatl�a�r a�role�l _m"`wa""—_JQnathan Senders 31Pap.N Asia Mitchell Agenda Item 9 Page 9 Disclosure Statement Disclosure Statement 1/13 City of VIrgYzio 8•odi Planning&Community Development Owner Disclosure Owner Name TOUZoS FAA"/GV L//19/TED PART*ERSH/1° Applicant Name 4574 MITCHELL_ Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?E Nees ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) TotiZoS FI P PArR Ie/, /Hpusout isf ,iNroN,4-- C414,0S 1, TeN7f C A/4-V 0 S • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I'No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities snare 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 Governmer.t Conflict of Interests Act,Va. Code§2.2-3101. 5) Page Asia Mitchell Agenda Item 9 Page 10 Disclosure Statement Disclosure Statement \113 Ctyof Novinil Mad Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in co nectlon with the subject of the application or any business operating or to be operated on the property? ❑Yes [ No • If yes,identify the financial institutions. 2. Does the Owne have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? CIYes No • If yes,identify the real estate broker/realtor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes tJ/No • If yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 13 No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 1:7 No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes iNi4Nlo • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes [(No • If yes,identify the engineer/surveyor/agent. Wage Asia Mitchell Agenda Item 9 Page 11 Disclosure Statement Disclosure Statement M3 City OjiIfyillit Nadi Planning&Community Development 8. is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?El — Yes I�No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that a pplication has been scheduled for public hearing,I am responsible for updating the information provided herein 'leeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or com 1ttee in connection with this application. fki iit C avx.itk: jJw7w,',i- gnature CA Ve05 - TkusTEc Print Name and Title /o. Al • ao Date 7IPage Asia Mitchell Agenda Item 9 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Asia Mitchell Agenda Item 9 Page 13 Item # 9 Asia Mitchell [Applicant] and Touzos Family LP [Property Owner] Conditional Use Permit (Beauty Salon) 4654 Haygood Road, Suite D January 13, 2021 RECCOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Our next order of business is the Consent Agenda, which the Vice Chair will take over. Mr. Wall: Okay, thank you Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Application number 1, 4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with an amended condition or with an added condition concerning forested buffer. The Planning Commission also 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 supports the applications, and there are no speakers signed up to comment. These include agenda items number 21, 23, 25, 26, and 27. Mr. Weiner: Thank you Commissioner Wall. Can I get a motion to approve the items on consent, please. Mr. Wall: I make a motion that these items be approved by consent. Ms. Klein: Second. Mr. Weiner: Okay. I got a approval by Commissioner Wall and a second by Ms. Klein, ready for vote. 1 Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: Vice Chair Wall. Mr. Wall: Yes. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Yes. Ms. Coleman: By record vote of 10 for and zero against, agenda items 1,4, 5, 7, 9, 10, 11 , 12, 14, 15, 16, 19, and 20 with the added condition for the 20- 2 foot buffer. 21, 23, 25, 26, and 27 have been approved on the Consent Agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. A business license for the beauty salon 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. Any on-site signage 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. 3 I- a� in `� o L J ao z '1` N as auei-aapu�ane� euei p uena i _ o o N r I1 - T I r. w _ III WL ❑ ❑ Ll? 11 N O I-_�� CO o P O� ' N Os.: o 7-1 l - enuend aiasw eso 0 11---' s-li t.i.„ r 1 I f 1-1 ] 1.-- 1 o co CO an_uan�r�l-_dp e. \___-, ] - 1 i 7,Z11 jj -1-% bL J _� _ N ❑ ❑ •c � < < o-� n U nu0AV-IrIaiu-aa-O ❑ cC a _ o ) 1---- - fl ❑ L /( 0. 2I wzi i :ice �— � � � c I o cn I = � Z ❑ I Li in CL N m d O ��ti . . c .. on i 0 (' p Q , ii i 1 , , 1 c rS� �MUi,;,, w , S: .., l,,Vwv CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: XPERT SERVICES, LLC [Applicant] VB INVESTMENTS, LLC [Property Owner] Conditional Use Permit (Car Wash Facility) for the property located at 4937 Broad Street (GPIN 1477055792). COUNCIL DISTRICT — BAYSIDE MEETING DATE: February 16, 2021 • Background: A Conditional Use Permit request to operate a Car Wash Facility for automotive detail services of vehicles from the applicant's dealership that is located approximately 0.2 miles from this property. No automotive repair will be conducted on-site. The property is developed with a former single-family dwelling that has been modified for office use. The 800 square foot garage will be used for the detailing activities and the remaining 1,900 square feet will be used for storage. Vehicles requiring detail services will access the property from the unimproved segment of the right-of-way (partially located on the applicant's property), west of the property, through a chain-link gate. Detailing services will be completed either inside the garage or behind the building within the enclosed fence area. Plantings are proposed along a portion of Broad Street. • Considerations: The Pembroke SGA Plan emphasizes the importance of preserving the character of adjacent neighborhoods and providing compatibility between future development and these adjoining neighborhoods. Access to this site is from Broad Street, which has a residential character and is not suitable for an automotive detailing business. The introduction of an auto-related operation that uses Broad Street as access to the site could negatively impact residences located across the street. Of particular concern is the intrinsic nature of the operation as well as the potential for the site to become disorderly from a visual standpoint. In addition, constant noise generated from the equipment used to perform the detailing service could disturb the residential character in this area. The applicant noted that vehicles to be washed will come from a nearby auto repair establishment that is not contiguous with this property. Though automobile related uses surround the property, many of the properties that front on Broad Street with the use have been consolidated with properties that have their main access from Virginia Beach Boulevard. Based on these considerations, staff recommends denial of the application. Planning Commission recommended approval with modification of Condition 7 to include no sale of vehicles on-site that is identified below with underline text. Xpert Services, LLC Page 2 of 3 Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Three letters of opposition were received about the request and two speakers spoke in opposition to this request at the Planning Commission public hearing. Opposition correspondences and comments at the public hearing noted concerns related to incompatible use, commercial business parking on residential streets, traffic, safety, and noise. At the Planning Commission public hearing, the applicant stated that all recommended conditions are acceptable. • Recommendation: On January 13, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 6-4. 1 . Except for the ingress/egress point and where possible, the applicant shall install and maintain a minimum six-foot tall hedgerow along the entire length of the property on Broad Street. New plant material shall be at least four feet tall at the time of installation and appropriately spaced as per the species. A Landscape Plan shall be submitted to the Planning Department for review and ultimate approval. Plant material required by the approved Landscape Plan shall be installed prior to the issuance of the Certificate of Occupancy for the Conditional Use Permit. 2. There shall be no more than four (4) vehicles parked on the subject property at any one time. In no case shall the number of vehicles brought to the site for detailing exceed 10 per day. 3. Vehicles associated with the operation, employees or otherwise, shall not be parked on any portion of the public right-of-way or the paved roadway/driveway west of the building. 4. There shall be no automotive repair work performed on this site nor shall there be any outdoor storage of materials, vehicles, equipment, or vehicles other than those awaiting detailing and as conditioned herein. 5. All automotive detailing shall be limited to only inside the garage, and the handwashing of vehicles within the enclosed fenced in area in the rear of the site. 6. The hours of operation shall be between 9:00 a.m. to 5:30 p.m., Monday through Saturday. 7. There shall be no sale of vehicles or signage on-site to identify the business. 8. The proposed use shall comply with the provisions of Section 228.1 of the Zoning Ordinance for a Car Wash Facility. Xpert Services, LLC Page 3 of 3 9. The existing vehicular access point shall be upgraded to a commercial entrance that meets Public Works Standards. All approvals and permits associated with this upgrade shall be obtained prior to the commencement of any work in the right-of-way. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Opposition (3) Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6' . ' City Manager: 0)9 Applicant Xpert Services, LLC Agenda Item Property Owner VB Investments, LLC Planning Commission Public Hearing January 13, 2021 City Council Election District Bayside 13 Virginia Beach Request Conditional Use Permit (Car Wash Facility) Staff Recommendation - j�r_4 enA Q r Denial "' Rachel Streei Erahme Street 4 C ---- _ i Staff Planner __i I Floral Street wep Hoa N. Dao `� RKharoRoad d t i 1 A a r > > 11 3 .1 g ft, Jeanne Street+.4. --. ¢' I'Location ino m s € ,--" 4937 Broad Street • GPIN - rginia Beach Boulevard LL 1477055792 9e e 4 a Potomac Street Site Size ' i d Street et 14,756 square feet I o 1-- -- Columbus Street AICUZ 266 . Southern Boulevard 0 Less than 65 dB DNL . , F, Mandan Road 2Q' c 1 Ha�and��5�t set `J�qc Conestoga Road Watershed 3 $ spx ��I 1 J r\ \ Chesapeake Bay Existing Land Use and Zoning District -• =-.. Vacant building/B-2 Community Business E . Surrounding Land Uses and Zoning Districts • Q North Broad Street - Single-family dwellings /R-7.5 Residential ; ; a F3road Strec,f 6 r z South r� 11 r_ -- g 0 Automobile sales & repair/B-2 Community y Business pr _z East r _ . .. f t Vacant lot/B-2 Community Business - _ i :i - -- r - `West ..^tsr .. - , sa4.., a"M a.Automobile sales, vehicles storage/B-2 Community Business - V1rgInlaTeaCh Boulevard Xpert Services, LLC Agenda Item 13 Page 1 Background & Summary of Proposal • The 14,700 square feet parcel is zoned B-2 Community Business District and is located within the Central Village District of the Pembroke Strategic Growth Area (SGA). The property is developed with a former single-family dwelling that has been modified for office use. • The applicant seeks a Conditional Use Permit to operate a Car Wash Facility for automotive detail services of vehicles from the applicant's dealership that is located approximately 0.2 miles from this property. • A majority of the building, 1,900 square feet, will be used for storage and the 800 square foot garage will be used for the detailing activities. No automotive repair will be conducted on-site. • According to the revised project narrative, no more than six vehicles, including the employee's vehicles,will be parked on-site.The vehicles will be parked behind the building, enclosed by a wood and chain-link fence. • Vehicles requiring detail services will access the property from the unimproved segment of the right-of-way (partially located on the applicant's property), west of the property,through a chain-link gate. Detailing services will be completed either inside the garage or behind the building within the enclosed fence area consisting of dirt and loose gravel. The applicant stated that the vehicles will be hand-washed within this area. • The submitted plan depicts proposed plantings that are between 18 to 24 inches high along a portion of Broad Street with parking spaces provided at the front and side of the building. According to the applicant,the landscaping cannot be extended along the entire length of the front of the property on Broad Street due to a conflict with the stabilization wires for the electrical pole on the northwest corner of the property. • The proposed hours of operation are 9:00 a.m. to 5:30 p.m., Monday through Saturday, with up to three employees. 1 R7S - o' Zoning History Broad Street # Request // 1 MOD(Automobile Repair)Approved 11/28/2006 �;!��i CUP(Automobile Repair)Approved 11/04/2004 2 CUP(Mini-Warehouse)Approved 12/14/1993 1 3 CUP(Motor Vehicle Sales&Service)Approved 8-2 a 09/25/1990 , -�1 __ 2 3-- - 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 In Staff's opinion,the request to operate an automobile detailing service establishment at this location is not acceptable. Broad Street serves as the boundary between commercial and residential uses in this area, where south of Broad Street Xpert Services, LLC Agenda Item 13 Page 2 are commercial uses and north of Broad Street are residential uses. While the property is located on the southern side of Broad Street, unlike the other commercial lots with auto-related uses that have their main access from Virginia Beach Boulevard, this site's access is from Broad Street, which has a residential character and is not suitable for an automotive detailing business. While the application states that only six vehicles will be on-site, it does not limit how many vehicles can be brought to the site for detailing services each day, nor could this be easily monitored or enforced. The Pembroke SGA Plan emphasizes the importance of preserving the character of adjacent neighborhoods and providing compatibility between future development and these adjoining neighborhoods. In Staff's view,the proposed use is not keeping with the recommended policy of the Comprehensive Plan as the introduction of an auto-related operation that uses Broad Street as access to the site could negatively impact residences located across the street. Of particular concern is the intrinsic nature of the operation as well as the potential for the site to become disorderly from a visual standpoint. In addition, constant noise generated from the equipment used to perform the detailing service, such as a vacuum cleaner, could disturb the residential character in this area where the use has direct access and exposure to the residential uses. Vehicles requiring detail services will access the property from the unimproved segment of the right-of-way (partially located on the applicant's property), west of the property,through a chain-link gate. As stated previously, detailing services will be completed either inside the garage or behind the building within the enclosed fence area consisting of dirt and loose gravel. Section 228.1 of the Zoning Ordinance requires that the water produced by the facility does not drain across public streets,sidewalks or adjacent properties. It is unclear as to how the proposed operation will comply with this provision of the Code, as the applicant has yet to provide this information. Based on the considerations described, Staff recommends denial of the request; however, should the Commission contemplate approval,the following conditions are provided for consideration. Recommended Conditions 1. Except for the ingress/egress point and where possible,the applicant shall install and maintain a minimum six-foot tall hedgerow along the entire length of the property on Broad Street. New plant material shall be at least four feet tall at the time of installation and appropriately spaced as per the species. A Landscape Plan shall be submitted to the Planning Department for review and ultimate approval. Plant material required by the approved Landscape Plan shall be installed prior to the issuance of the Certificate of Occupancy for the Conditional Use Permit. 2. There shall be no more than four(4)vehicles parked on the subject property at any one time. In no case shall the number of vehicles brought to the site for detailing exceed 10 per day. 3. Vehicles associated with the operation, employees or otherwise, shall not be parked on any portion of the public right-of-way or the paved roadway/driveway west of the building. 4. There shall be no automotive repair work performed on this site nor shall there be any outdoor storage of materials, vehicles, equipment, or vehicles other than those awaiting detailing and as conditioned herein. 5. All automotive detailing shall be limited to only inside the garage, and the handwashing of vehicles within the enclosed fenced in area in the rear of the site. 6. The hours of operation shall be between 9:00 a.m. to 5:30 p.m., Monday through Saturday. 7. There shall be no sale of vehicles or signage on-site to identify the business. 8. The proposed use shall comply with the provisions of Section 228.1 of the Zoning Ordinance for a Car Wash Facility. Xpert Services, LLC Agenda Item 13 Page 3 9. The existing vehicular access point shall be upgraded to a commercial entrance that meets Public Works Standards. All approvals and permits associated with this upgrade shall be obtained prior to the commencement of any work in the right-of-way. 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 Central Village District of the Pembroke Strategic Growth Area (SGA)which calls for an eclectic, mid to low-rise commercial and urban residential area in the form of live-work, loft and row-house residential buildings and smaller scale mixed-use commercial buildings. The Pembroke SGA Plan also emphasizes the importance of preserving the character of adjacent neighborhoods and providing compatibility between future development and these adjoining neighborhoods. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There does not appear to be any significant natural or cultural impacts associated with the proposed project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Broad Street No Data Available 9,900 ADT 1(LOS°"D") Existing Land Use 2—186 ADT Proposed Land Use 3—No Data Available 1 Average Daily Trips z as defined by a 14,765 square 3 No information available in the 4 LOS=Level of Service feet parcel zoned B-2 with a ITE Trip Generation Manual for an vacant building auto detailing center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Broad Street is a two-lane local collector street. There are no roadway CIP projects slated for this portion of the roadway. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer service. Xpert Services, LLC Agenda Item 13 Page 4 Public Outreach Information Planning Commission • Three letters of opposition have been received by Staff noting concerns related to incompatible use, commercial business parking on residential streets,traffic, safety, and noise. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 27, 2020 and January 3, 2021. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 28, 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 January 7, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 2021. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 1, 2021 • 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 February 12, 2021. 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The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Xpert Services,LLC,a Virginia limited liability company Does the applicant have a representative? •Yes 0 No • If yes,list the name of the representative. R.Edward Bourdon,Jr,.Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?IN Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Andreas E.Loizou,Sole Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Lozou,Inc.and A&G Auto Sales r"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2 2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Xpert Services, LLC Agenda Item 13 Page 9 Disclosure Statement Disclosure Statement IB Cif fV5 Planning&Community IPDevelopment Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes II No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes t No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ®Yes ❑ No • If yes,identify the real estate broker/realtor. Jason toilou,it.Real Estate 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?D Yes III No • If yes,identify the firm or individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes ® No • If yes,identify the purchaser and purchaser's service providers. 2I Xpert Services, LLC Agenda Item 13 Page 10 Disclosure Statement Disclosure Statement MI3 City of V•gonn Basch :... . Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IS No • If yes,identify the construction contractor. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?IS Yes ❑ No • If yes,identify the engineer/surveyor/agent. 1fiJt f1ol OPtMALAS i-'rTH SrNCe.1110N 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ No • If yes,identify the name of the attorney or firm providing legal services. L 0 w A p 8,0 U yL Q o N J 12 Skypes,Bourdon,Ahem&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Ap lure A EA ME E Print Name and Title i0/ 13/ XO Date Is the applicant also the owner of the subject property? ❑Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® i Me changes as of Date 01.28.2021 Signature Print Name Hoa N.Da0 i 31Page Xpert Services, LLC Agenda Item 13 Page 11 Disclosure Statement Disclosure Statement V13 City ofrostkia Nadi ......................s.\\._ Planning&Community Development Owner Disclosure Owner Name VB Investments,LLC,a Virginia limited liability company Applicant Name Xpert Services,LLC,a Virginia limited liability company Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?iii<Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jason Loizou,Managing Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes if No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. `"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va Code§2.2-3101 5 I i' Xpert Services, LLC Agenda Item 13 Page 12 Disclosure Statement Disclosure Statement On/Mr•w:•Bath Planning&Community Development Owner Services Disclosure 1 Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? If Yes ❑ No • If yes,identify the financial institutions. TowneBank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? MIYes El No • If yes,identify the real estate broker/realtor. Jason Loizou,JL Real Estate 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ■No • If yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes • No • If yes,identify the purchaser and purchasers service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes a No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the engineer/surveyor/agent. 6I Xpert Services, LLC Agenda Item 13 Page 13 Disclosure Statement Disclosure Statement City Virginia Bmd ._, Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • if yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Sig tore 3Afoa 1.141-0't , it( Mnt'PrtPoG ttCmeeR Print Name and Title Date 71Page Xpert Services, LLC Agenda Item 13 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. Xpert Services, LLC Agenda Item 13 Page 15 Items # 13 Xpert Services, LLC [Applicant] and VB Investments, LLC [Property Owner) Conditional Use Permit (Car Wash Facility) 4937 Broad Street January 13, 2021 RECOMMENDED FOR APPROVAL- HEARD - CONDITIONS MODIFIED Mr. Dao: Yes, Mr. Chair. We are back to item number 13, for a record XPERT Services, LLC. Mr. Bourdon, can you hear us. Please state your name and comments. Mr. Bourdon: Yes, I can hear you, it sounds like we got back feed. Mr. Dao: Mr. Bourdon, please start your comments. Mr. Bourdon: Can you hear me. Ms. Smith: So, Eddie, if you mute any other devices in the room that will eliminate that feedback. Mr. Bourdon: All right, I turn the computer off, that was probably the source. Mr. Dao: Okay, that is working better Eddie. Thank you. Mr. Bourdon: Sorry, first of all, before I get started let me apologize to the Commission and for any speakers as most of you know I am not technologically very adept and apparently there is a problem with the speaker on this new laptop they got me. All right, Mr. Chairman and Members of the Commission, Eddie Bourdon Virginia Beach Attorney representing XPERT Services, LLC. This is an application by the owners of this property who own A & G Auto Sales. The property is zoned B2 general commercial district, which is all of you know permits scores of by-right commercial and retail uses. Some of those 1 uses are commercial kennels, animal shelters, childcare centers, eating and drinking establishments, food take out, liquor stores, all manner of personal service businesses, wine tasting rooms, all manner of retail uses and beverage manufacturing. Almost seven years ago, my client leased this property to Forever Home, a large dog rescue operation, which was a commercial kennel use. It operated here until September of 2019. The kennel housed scores of large dogs mostly Pit Bulls in the structure and the fenced rear yard. Frankly, they were far from a stellar tenant and I can attest to that because I was in the building. They defaulted, the building was in unbelievably bad shape, terrible, feces everywhere, a lot of barking dogs. We are certain that the residents across Broad Street and in the vicinity were happy when my client was finally able to retake possession of the property from the tenants. When my client regained possession, they had to expend over $40,000 in interior, repairs, and exterminating services and cleanup in and around the structure. My clients still have to paint the exterior of the structure, which is planned for this year and the roof will need to be replaced in a few years. My clients were approached by another commercial kennel operator about leasing the property for a kennel a doggy daycare, however, my clients felt, given their experience with forever home that they should go in a quieter and cleaner direction. In addition, the circumstances that they are dealing with, with a rented space at the West End of Broad Street that they have used for detailing for some time, have pushed them to relocate. Unconditional B2 zoning exists along the entirety the south side of this section of Broad Street to the west, this site is a large chain link fence enclosed vehicle storage yard. To the south is another chain-link fence close storage yard for jet skis, motorcycles, and some vehicles, 2 along with structures housing repair and maintenance facilities for motorcycles and jet skis as well as The Rising Sun boat repair business. To our East there is an undeveloped B2 commercial parcel. With the exception of the structure on my client's property, there are no structures located and adjacent to the south side of the Broad Street in this block that are remotely residential in character, nor can any property, including my client's property be used residentially. Also, there are no other similar properties on this block that host two very large oak trees as my client's property does. Unfortunately, the washing of motor vehicles on a commercially zoned property, which is not and cannot be occupied as a residence such as this property, requires a Conditional Use Permit under Section 228.1 of the Zoning Ordinance for "carwash facilities." The term or designation, carwash facilities is not defined in our CZO. Webster's includes a definition of facilities as a plant or installation. And, Subsection B of Section 228.1 of our Zoning Ordinance provides a minimum of three off-street parking spaces for automobiles, shall be provided for each carwash space within the facility. Unless otherwise provided in a condition of the use permit. Clearly this code section is dealing with commercial carwash facilities. It is likely that the required characterization of my client's desired use of his property as a carwash facility has caused confusion in this case, as there is no publicly available facility for the washing of cars for a fee being proposed for construction or installation on this property, no additions to the property at all. There is no public retail carwash component of this use on this property as proposed by the owners, I make that very, very clear. The owner is solely desire to hand wash and detail their own vehicles which they sell on their auto sales lot. As Staff is also fully aware no more than two employees will be on the site, one will wash cars with a hose one 3 at a time and hand chamois dry the car. The other is in the garage structure that opens up to the back of the property, where he will be detailing the already washed and dried car in the garage. And, this is not visible from Broad Street. A car will not be washed at any point in time or detailed prior to 09:00 am or after 05:30 pm, Monday through Saturday and it would not happen every day, and no more than six to eight cars max can be done per day. No cars will be parked in front of, the side, or in the road around the property, Broad Street, or the sub-street that will be accessing the back of the property. There is no signage that will be placed on the property. There will be no traffic generation, other than the moving of the limited number of vehicles from the car lot to the site for washing and detailing and, one or two at a time. Frankly, the traffic generation would not exceed the average generation of residents on the property. And, while we asked for the ability to park two employee cars, the two employee cars in the existing front parking lot, which is a commercial lot, even though it is small on the site and four cars being washed and detailed in the back for a total of six. Staff recommended only four on the entire site, which my client can deal with and we will work within that limitation. This is obviously an interim or holding pattern use, but as strictly conditioned, and I would absolutely characterize these nine conditions in your report as strict and if you want to add some more we will listen. I frankly cannot envision a use of this B2 zone property, which is fronting on and only accessible from Broad Street that could be less impactful to the residential uses on the north side of Broad Street than this one. If the site were to be redeveloped as opposed to this adaptive reuse of the existing property, the two large oak trees and the existing converted former residential structure would be removed and there would be 4 far, far more traffic including trips by persons not familiar with the area looking for whatever business or businesses were on this property, and that would occur only using Broad Street. We respectfully, but clearly disagree with Staff's recommendation. We do, however, appreciate both Hoa and Carolyn Smith working with us and we are in agreement with all of the proposed conditions. We would request that the Commission recommend approval of this use as strictly limited by the Staff's conditions, and I will be happy to stand by for questions and appreciate being given the opportunity to respond to any opposition. Thank you. Mr. Weiner: Thank you, Mr. Bourdon. Do have any questions for Mr. Bourdon. Mr. Alcaraz. Mr. Alcaraz: Yeah, Mr. Bourdon, I guess we heard some opposition emails, but there is a noise factor that was brought up. Are you saying they are doing everything inside as far as the detailing and the vacuuming and all that. Mr. Bourdon: Correct. Everything is done in a big garage, other than the exterior hand wash with a hose and hand chamois to dry the vehicle and then moved vehicles in the garage and all of the detailing work is within the garage and the only opening is to the south towards the Boulevard. Mr. Weiner: Any other questions. Mr. Wall. Mr. Wall: What is being done in the back with the gravel lots, you may have mentioned and I may have missed it, but because you can't even get in the garage currently. Mr. Bourdon: I am sorry, that is a very good question Mr. Wall. The back that they will have to do a partial site plan, they are going to have to put in a BMPs most likely be bio-retention beds, but the back of the property 5 because that is where the dogs tore it up, and they were mostly pit bulls and they dug, and dug, and dug the back of the back of the property is a nightmare in terms of the grounds. I mean, they will they will have to make improvements to the back of the property per a site plan which will have to be submitted and reviewed to include BMPs for the minimal amount of water but they still have to capture the water one of the conditions requires that. So, the back of the property will have to be refurbished and that will probably involve some manner of fill whether it is sand, a combination of sand and gravel, but that is to be determined through the review process. We certainly want to minimize to the greatest degree possible the amount of stormwater runoff period, but that is something that will be handled during the site plan review, but that is an excellent question. Mr. Weiner: Any other questions for Mr. Bourdon. Okay, Hoa, do we have any more speakers. Mr. Dao: We have two speakers registered for this item, the first speaker is Lorraine Samko, followed by Beauregard Mabe. Ms. Samko, you have 10 minutes to speak as you represent a Civic League, please by stating your name for the record and begin your comments. Ms. Samko: My name is Lorraine Samko, and I am the president of Aragona Village Civic League. And, I have a prepared statement, everybody can hear me. Good afternoon ladies and gentlemen of the Planning Commission. I appreciate your time today and your service to our City. I am the Lorraine Samko, I am the president of Aragona Village Civic League, and I am a 30-year resident of Sirine Avenue in Aragona Village. Aragona Village is opposed to allowing the property of 4937 Broad Street to be granted the variance to convert the property to a carwash. Residents have weighed into their Civic 6 League through our media communications via email, Facebook, next door, and Zoom meetings. The majority of residents including 90% of the responses to an online poll, being no, a carwash is not the right business to locate at 4937 Broad Street. Your vote to preserve our neighborhood and protect our residents from further egregious encroachment of this section of our community must be made. Aragona Village was conceived and brought to life by John Aragona in the late 1950s. He envisioned comfortable homes at modest prices. Homes for families, and where the children in those families can safely play and with streets that are vehicle and pedestrian safe for residents. We are the first planned development on the western side of the city and boasted over 3,000 homes with inception. First time buyers, many returning after military service abroad travelled on mud and dirt roads to see the new models named after ducks, such as the Teal and the Mallard. Today Aragona Village still captures much of the charm of its beginnings. Most of our families are basic working middle class and our neighborhood is still one of the most affordable for single family homes in the city. We were in the midst of change since the initial owners for passing the torch and a new generation takes route. Many of our homes on the market now first purchase by renovation buyers and sold with beautiful updates thus increasing our value. We now have 2989 homes according to the City of Virginia Beach tax records, making us the second largest neighborhood in the City. And, we are consistently in the top 10 of real estate tax revenues produced out of 856 neighborhoods. Based on calculations and estimates derived from the City of Virginia Beach Real Estate Assessors annual reports posted from 2016 to 2020. We are normally fourth, fifth, or sixth, which is not bad for 60-year-old neighborhood. 7 The origins of how Broad Street, mainly between Rosemarie and Southgate, have become commercial on its Virginia Beach Boulevard side is still being researched. It is also still in question that the City actually plans at some point to protect residents by modifying access to Broad Street and installing screens, fencing to buffer the commercial parchment. With evidence today indicates the intention and initial design for both sides of Broad Street, from Rose Marie to Southgate, was residential housing. Several residences on the commercial side of Broad Street remain and are matching the original home still existing. Additionally, it would be unusual to build homes to front facing to either the front or back of commercial property. Yet, 15 homes do just that. The current commercial environment along Broad Street consists mainly of second hand car dealerships. Neighbors have had problems for years with these car dealerships, having no concern for our neighborhood our the residents. They speed and test drive vehicles, load and unload commercial trucks daily, and park their excess inventory into the side streets, causing traffic hazards for residents and dangerous walking conditions for children. And, yes, neighbors in Aragona Village Civic League have brought the City officials attention, and the offenders claim up their act for about a week, and then return their shameful abuse. We requested reports obtained from Virginia Beach Police Department, they were 292 speeding and excess of 25 mph traffic violations in the corner of Broad Street, Rose Marie, Dorset, and Jeanne Street in a 3-year period. This is directly, the three block radius across from the applicant's property. Many main roads do not see that much activity. Through the years the applicants which were involved the ownership of some of the adjacent car dealerships along with the other car dealerships have done nothing to 8 permanently remedy this egregious behavior. It is likely, if the owner has given this inch, he will take a mile. This is to refresh your memory, the location that was leased to a pet rescue in 2017, and which the adopted pet killed a family member in the Pembroke Manner neighborhood into which he was adopted. It is reasonable to believe that the owner will begin parking even more cars onto the property and into the neighborhood interior if this plan is allowed. As well, we suspect attempts will be made to lease or acquire the adjacent vacant lot to continue expanding their dealerships into the neighborhood interior. And, final concerns the environmental expert about oozing from the carwash as well as the additional traffic that will come from such a proposed facility is troubling to residents and the right to a quality of life and quiet enjoyment of their property. And, yes, we are well aware of the type of car wash facility being requested and it is not welcomed. We would welcome a low staff, no foot traffic, quiet, clean, and passive business at the location, since it is zoned for business use. We do not accept the current proposal for the carwash and ask that you support our residential neighborhood of Aragona Village and vote no, to the proposed variance. I thank you again for your time and I will be happy to answer any questions. Mr. Weiner: Thank you, are there any questions. No, questions. Hoa, next speaker please. Mr. Dao: Last speaker is Mabe Beauregard. Mr. Beauregard please start by stating your name for the record and you may begin your comments. Mr. Mabe: Hello, my name is Beauregard Mabe, and I reside on Rose Marie Avenue. I am here to speak about my disapproval of this plan for a carwash, for myself and my neighbors. Understand that the side of 9 Broad Street is commercial. Even though the buildings look exactly like my house where my two daughters and wife live with me. We live in a tri-level house, just like a good portion of Aragona resides. A few houses on that side of Broad Street still have families living in them. And, they are 5009, 5005, and 5001, which is between Grenfell and Dorset. XPERT services is already located a block away from A & G auto in an actual steel frame commercial building alongside other businesses further down Broad Street. So, why move into a house further away, may you ask. Well, most of my neighbors asked that same question, per the site, as this plans new location has six existing parking spots, which face residential houses. Xpert services currently location only has parking facing Virginia Beach Boulevard per detailed description on the application. The last sentence they stated, was the facility will be operated in a first class manner and only operational, ready to drive, ready to sell vehicles belong to A & G will be on the property any given time. To me, that sounds like dealer overflow parking. We have already lost houses on that side where dealers have started tearing down houses, tearing down other big trees, just like the owner states that the two oak trees that are currently on this location. And, they paved over lots, and four put gravel down to make extra parking for cars. We fought all this business for years, and we did win one where they put up fences and bushes right behind the Volvo dealership which is adjacent to this location. At that part of Broad Street is an eyesore and we do not need another active business with a consistent supply of vehicles, trash, noise, traffic, environmental issues. There is a vacant lot next door as Lorraine stated that my daughter actually plays at, and so does a lot of other residential children on this side of Aragona, 10 because we do not have many green spaces. And, I ask you to please, please say no to this. And, thank you for your time. Mr. Weiner: Thank you. Any questions for the speaker. All right, Hoa, that is a last speaker, that is correct. Mr. Dao: Yes, sir. Mr. Weiner: All right. Mr. Bourdon are you still unmuted. Mr. Bourdon: Thank you, Mr. Chairman. A lot of the comments, the ones that at least were not slanderous were, actually I am agreeing with a lot of them. What needs to be made as clear as I can, is that my clients are moving to this location because the facility that they are currently renting in a building of multiple facilities has other businesses that are doing not only detailing but they are doing car modification work, and they park everywhere. My clients have never parked and do not park any of their vehicles in any public right of way. And, and because of these other people who are working in other flex suites and this other building, they have cars parked in their three parking spots some of the time. It is been a nightmare with some of the other tenants and that is, we are a tenant in that building and they want out of there. And that is why they want to use this property in a manner that truly will be far, far less impactful than any business use would take place in this property. And that is all they can take place on this property, and I know you will recognize that fact. My clients do not operate the way other businesses down there are operating and my clients do not ever park their cars in any public right of way. And, obviously, you all read the conditions attached to this, no vehicles can be parked in front of this property, none can be parked in the street. Only four on-site at any given time, and there would not be anybody coming and going there other than the employees 11 bringing the car from the For Sale lot here to the wash and detailed and back. It is not a parking lot. It is not a maintenance facility, they have a separate maintenance facility elsewhere, and it is on Newtown Road. There is no use for this property, other than to store company documents, records in the building, and the very extremely limited use to wash and detail by hand cars behind the building in the fenced-in area. And that is to suggest that is going to create traffic and all the hazards and the and what have you. I would hate to be the gentleman's daughter playing next door when all those pit bulls were there and we agree, my clients tried for years to get them out of the property. It is unfortunate that is you know who it was leased to by, my clients they thought it was a good thing that they were doing to rescue dogs. But, when they were approached by putting another although, certainly not of that caliber, facility in their daycare in a kennel itself. We had had enough, I cannot imagine that the people across the street would want to see another kennel there or any number of other uses that are allowed by right. This gives the neighborhood the opportunity, they can put their eyes on it and their ears on it and see, day in and day out that it is not be impactful for them. And, if you want to put a condition on it that Staff reviews it compliance with a year something like that, we are fine with that too. We are trying to be good neighbor. We are not imposed and feel bad. Forever Home was a tenant and my clients did not have anything to do with their operations whatsoever. And, they had a hard time getting them out. I would be happy to answer any questions about the specifics of the conditions. I cannot imagine that any of the conditions that are attached this application, do not already clearly address the concerns that were expressed. 12 Mr. Weiner: Sounds good, hold on one second Mr. Redmond. Staff, Mr. Wall is trying to join us back in, if you can try and see if he can bring him in. He is offline. Mr. Redmond, do you have a question. Mr. Redmond: Yes, I have a question for Mr. Bourdon. Mr. Bourdon can you address the comment about cars ready for sale and the meaning of that. Mr. Bourdon: No car that is brought to this site to be hand washed and detailed, can be in any state of disrepair. This is not a repair facility where no work is going to be done on any car. So, that was a wording that was put in there because we want to make it clear that this was in no way a facility that will be used to modify a vehicle or a repair a vehicle or do anything to the vehicle, other than to simply hand wash with a hose and detail in the garage. That is it just like a lot of residents do on weekends on their own cars. Obviously, it is a little bit more than that, but, frankly, compared to all the other uses that this property could be put to. I just have a hard time that there is any less impactful use and one that would continue to maintain those trees and that structure for the future, not necessarily forever, but my client has no intent and nor could they attempt to put a car dealership on that piece of property or that piece of property in the one that he is talking about that we do not own that I believe is owned by Cycle World. We are trying to do that with all the landscaping. I mean you talked about the landscaping in front of the car lot that Volvo has, it goes all the way out to the edge of Broad Street, the Staff requiring us to do the same thing in front of this structure. Again, no cars, based on these conditions we parked in the parking lot that exists in front of this structure on this property. Thank you. 13 Mr. Redmond: Thank you. Mr. Weiner: Mr. Inman, do you have a question for Mr. Bourdon. Mr. Inman: I do. I am thinking maybe the question, Mr. Redmond had to do with selling cars on this site, and the conditions do not prohibit having vehicles marketed on the site. Number two, condition two says there will be no more than four vehicles parked on the subject property any one time. And, in no case shall the number of vehicles brought to the site and for detailing exceed 10 per day. So, perhaps we need to add a token to that condition and the vehicle shall not being shown for sale on that particular site, so, that this does not become a sales location as opposed to storage and preparation location. Is that suitable? Mr. Bourdon: Mr. Chairman, can I respond. Mr. Weiner: Yeah, sure can you go ahead Mr. Bourdon. Mr. Bourdon: First of all, that would necessitate a Conditional Use Permit for motor vehicle sales which is not the case here, but we have no objection to any condition that you wish to place on there about the fact that no cars will be offered for sale, marked for sale. There will be no markings whatsoever on the vehicles, these have to be licensed, operable, ready to be sold. So, any conditions you all wish to place on there in that regard we are in full agreement with this, not a Conditional Use Permit to sell vehicles and I would never have even dreamed of trying to put that on this property on this street. Thank you. Mr. Weiner: Mr. Graham, do you have a question. Mr. Graham: I do. Mr. Bourdon, is your client extending with the exterior of the building. 14 Mr. Bourdon: Mr. Graham, it kind of broke up on my, he is going to paint the exterior of the building this year. It has not been done yet because he spent the $40,000 fixing the interior of the building and Staff actually has pictures we sent them some before and after pictures of what this place looked like when they got it back from the Forever Home folks, but yes, the exterior of the building will be painted this year and in regardless I believe it will be painted this year. Although, if this use is not permitted it will be, I am not sure what use other than going back to talking about earlier, but yeah, so painted this year, and it will have to be landscaped per the condition, all along the front of the property. We have proposed some foundation landscaping but if we put the full landscaping across the entire frontage, I do not know that the foundation landscaping would even be visible. But the answer to your question with painting is yes, if that is all the question was Mr. Graham I did break up on me. Mr. Wall: Yeah, that was my question. The building, obviously, it is in bad shape. Normally we would be doing some renovations to a building or tearing it down and building a new building. It sounds like to put a coat of paint on it and upgrade the lane is what we are looking for. Mr. Bourdon: Mr. Chairman, if the building were going to be torn down and an investment made of that nature then clearly, this use would not make any sense on the property. It would be something far more intrusive and far more generating of traffic. If given all of the uses that are allowed that the Planning Commission and City Council etc. do not even have any, and the neighborhood have to say so over. So, I mean this is an attempt to try to maintain, improve it, a lot compared to what it was with the Home Forever folks, but to improve it make it look a lot nicer and at the same time minimize the use to one that is 15 already present at the West End of Broad Street in a facility with our moving out. Hopefully, there will be some attention given and it would not be pointed at my clients, because one of the emails I read basically is trying to accuse them of being the source of the problem down there, which is nothing could be further from the truth. And, we have not done any parking of vehicles on any streets down there. We are operating at a minimal with the three parking spaces in the flex suite, doing pretty much the same we are talking about doing here, six to eight vehicles a day, and not necessarily every day inside the flex suite with the three parking spaces out front as was described. And, we want to get away from there because it is problematic. A lot of what was said we agree with entirely with regard to down there. But we are trying to get away from that and we will be out there on the island, you will be able to see that we are complying and doing everything that we say we are going to do. And at the same time, I believe such a betterment for this piece of property over tearing it down, taking out the trees, putting a bigger parking lot in, and a new building of some sort. Or allowing another dog facility to go in there and there is already an interest there, but this was we thought the best thing we could do for our own peace of mind, getting away from where they are today, and not imposing on the people who have had to live across the street. These folks do not and again, I do not in any way attempt to suggest that they are a lot of their concerns about some of the things that may be going on the West End of Broad Street are not valid, we think they actually are. But, we are not a part of that and we want to make sure it is clear that we are not a part of that and that is what this will provide as well as, again just adaptively reusing the property. But, we certainly would not tear the house down, the former house down that 16 cannot be used as a residence. We certainly would not tear that down and then you do it for this very, very limited purpose. That would be something more substantial clearly. Mr. Weiner: Ms. Klein, do you have a question. Ms. Klein: Mr. Graham addressed it. Thank you. Mr. Weiner: Okay, Thank you. Are there other questions for Mr. Bourdon. All right, and that is all of our speakers correct. Mr. Redmond, we are going to send this to you. Mr. Redmond: Mr. Weiner, first thing let me say is Aragona is a great neighborhood. I think Aragona is one of the greatest potential investment opportunities in the City. So, let me just say that, I have a lot of friends in Aragona, the great houses, great lots, I could go on and on and on and on and on so I cannot speak enough about Aragona. However, all that said, I have to agree with what Mr. Bourdon said in the sense that, I am having a hard time figuring out what would be the less impactful than what this application is asking for, A. it is a commercial property, it is zoned B2, which is the least restrictive commercial zoning that there is. They are talking about six to eight, the conditions that the Staff put in the application say not to exceed 10 per day, which means what one an hour, one-tenth of a car an hour. That would be coming to this site where only two people would work, they are been washing cars. I washed my car by hand, it is not impactful to any of my neighbors, and none of them complain when I wash my car. So, I do not understand I think there may well be a very, very deep misconception about what is meant by a car washing facility. This is not an Auto Bell, it is simply a private use of a very small number of vehicles in a commercial property, which as far as I can tell has some very strict limitations that make it 17 extremely unimpactful, if there is such a word. So, very frankly I have to tell you, I went over there a couple times and I am well familiar with the street anyway. But, it is not that busy, this is not Independence Boulevard it is part of Broad Street. So, the idea that there are these great dangers that are attached to the idea of a couple of guys washing eight cars a day, I just do not see how that's you know even possible. So, in any event, I think it is an appropriate use for this structure, it is kind of an oddball looks like a house, it was a house but it is a B2 property on the commercial side of the street. I just cannot seem to figure out what is going to cause any kind of harm with this use. So, I am going to support it. Mr. Weiner: Sounds good. Any other comments, Mr. Inman. Mr. Inman: Thank you, Mr. Weiner. I want to ask the Staff, is there any definition of carwash in the zoning code. Mr. Dao: In the Zoning Ordinance, there is a bunch of uses that fall under the umbrella for a carwash facility and the detailing services of motor vehicles is under that umbrella. Therefore, that is why the request is for a carwash facility, does that answer to your question? Mr. Inman: Yes, it does answer my question. It is rather curious, but in any event, therefore, even if this is an academic question, I really do not expect this to happen, but assuming that there was no car washing with water on the this property would it require a use permit and I think from your last answer sounds like well, they are doing detailing, it is still a carwash. Mr. Dao: That is correct Mr. Inman. Mr. Inman: Okay. 18 Mr. Kemp: Yes, I can add just a little bit of background, that was an interpretation made by my predecessor Karen Lasley, years ago. So, it is one we are bound by. Mr. Inman: Okay. All right. Nevertheless, I have to say that I think what is being proposed here is. I am sorry that I think a lot of opposition has been misled by the use of word carwash. I think maybe the orange sign that is posted say carwash. Mr. Dao: Yes it does. Mr. Inman: Okay. So, therefore, they are immediately thinking Auto Bell. And, that has generated all this concern. And, there is probably some misconception or misunderstanding on the part of the public that one can create all these conditions which they have, which basically addresses all of their concerns, and we are using this applicant wants to use this facility for very, very strict and basic preparation of vehicles for sale. And, with washing it on the other side away from Broad Street and it gets very unimpactful, using that word David was struggling with too. On the community, there is just not going to be that much activity here, the parking is limited to four. I am going to propose an additional condition that says that there shall be no sale of vehicles or for sale signs on any vehicle on the property, which Mr. Bourdon indicated would be fine because you would have to have a different use permit to do that. Anyway, but I think that might give some comfort to the citizens that are opposing this, that this is not going to mutate into something that they were worried about. And, I think there are very strict conditions on this that Mr. Bourdon has gone over. And, I think with that additional condition, I would hope that the opposition would be comforted by how restricted the use will be. 19 Mr. Weiner: Thank you, Mr. Inman. Any other questions, Mr. Wall. Mr. Wall: I agree with all that and one thing though is, I think that I cannot speak for the Civic League President or for the Civic League or anything about Aragona. But it does appear is that they are trying to improve and maintain a strong neighborhood. And, it may not necessarily be this one business, because I certainly do agree with all the low intensity that this business will provide. But, I think that it is more of the infringement impacts of the whole aspect of what goes on out on Virginia Beach Boulevard with car sales, operation and businesses themselves, infringing into the neighborhood. So, that is what I see with the opposition with this application as it is not just this it is the whole element of the business moving on the Broad Street and to infringing into the neighborhood. That is all I have. Mr. Weiner: Ms. Oliver. Ms. Oliver: Thank you. Couple of things, I do not think from listening to the President of the Civic League, they were under the impression this was an Auto Bell. She stated very clearly when she read her opposition letter that they very clear as far as they understood what the use was going to be. I do have a question for Staff, how long has this applicant owned this piece of property. Mr. Dao: That would be an appropriate question to ask Mr. Bourdon. Mr. Bourdon: I know they have owned the property for at least eight years they may have owned it for longer than that, I know that most of the leasing of the property to the dog rescue operation. I do not think that they have owned it for like 30 years, but I know they have owned it for at least eight and it could somewhat longer than that. Ms. Oliver: Great, thank you. So, I appreciate that, Mr. Bourdon. So, to be honest with you all we were out there and stood around that piece 20 of property and if the applicant has owned it for that long and this left it in that kind of conditions, I have to go with Staff on this. One, it is definitely in disrepair and has seemed like it has been in disrepair for some time. And, I am going to have to support the Staff on this one. But, thank you. Mr. Weiner: Any other comments. Mr. Coston: Yes, this is Coston. I think the number four condition covers that car should not be there for sale, it talks about them having to be there awaiting detailing only. I also think that we are only doing this because the properties are not connected. This is what you would consider an ancillary use, which is a byproduct of being in the business of selling cars and needing to wash them. And normally, you do not have to have a Conditional Use Permit to wash cars at a car dealership. So, I am going to support approval. Mr. Weiner: Okay. Mr. Redmond. Mr. Redmond: Mr. Chairman, I move approval of the application. Mr. Weiner: All right, we have made approval of the application by Mr. Redmond. Do we have a second. Mr. Coston: Second. Mr. Weiner: We have a second by Mr. Coston. Do we want to look at any conditions, Mr. Inman are we good. Mr. Redmond: Yeah, Mike, you wanted to add I am sorry let me get Mike in here. I want to add a condition that no car shall be displayed or offered for sale on the property, and no car shall have any kind of signage advertising them for sale, while on the property. Mr. Weiner: Sounds good. 21 Mr., Inman: That is it what I had suggested. Mr. Redmond: Okay, great. Thank you. Mr. Weiner: All right, we have a motion by Mr. Redmond and a second by Mr. Coston, we are ready for the vote. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Weiner: It looks like Mr. Graham is offline. Ms. Coleman: Okay, I will mark him as absent. Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. lnman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: No. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: No, and Mr. Graham text me and said he cannot get back in to vote, and he said he might need some help. Mr. Weiner: Yeah, I think he need to. 22 Ms. Coleman: Okay, we will work with him to do that. Vice Chair Wall. Mr. Wall: No. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Yes. Mr. Weiner: And, just for the record Mr. Graham is back online. Ms. Coleman: Okay, Mr. Graham do you have a vote for this item. Mr. Redmond: Was he able to hear that motion. Ms. Coleman: The motion was to approve the application with the added condition. Mr. Graham: It is no. Ms. Coleman: Okay, he said no. Okay. By recorded vote of six for and four against, Agenda item 13 has been approved with the added condition that there should be no sale of vehicles on the site and no signage advertising vehicles for sale on the property. AYE 6 NAY 4 ABS ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham NAY Horsley AYE Inman AYE Klein NAY Oliver NAY Redmond AYE Wall NAY Weiner AYE 23 CONDITIONS: 1. Except for the ingress/egress point and where possible, the applicant shall install and maintain a minimum six-foot tall hedgerow along the entire length of the property on Broad Street. New plant material shall be at least four feet tall at the time of installation and appropriately spaced as per the species. A Landscape Plan shall be submitted to the Planning Department for review and ultimate approval. Plant material required by the approved Landscape Plan shall be installed prior to the issuance of the Certificate of Occupancy for the Conditional Use Permit. 2. There shall be no more than four (4) vehicles parked on the subject property at any one time. In no case shall the number of vehicles brought to the site for detailing exceed 10 per day. 3. Vehicles associated with the operation, employees or otherwise, shall not be parked on any portion of the public right-of-way or the paved roadway/driveway west of the building. 4. There shall be no automotive repair work performed on this site nor shall there be any outdoor storage of materials, vehicles, equipment, or vehicles other than those awaiting detailing and as conditioned herein. 5. All automotive detailing shall be limited to only inside the garage, and the handwashing of vehicles within the enclosed fenced in area in the rear of the site. 6. The hours of operation shall be between 9:00 a.m. to 5:30 p.m., Monday through Saturday. 7. There shall be no sale of vehicles or signage on-site to identify the business. 8. The proposed use shall comply with the provisions of Section 228.1 of the Zoning Ordinance for a Car Wash Facility. 9. The existing vehicular access point shall be upgraded to a commercial entrance that meets Public Works Standards. All approvals and permits associated with this upgrade shall be obtained prior to the commencement of any work in the right-of-way. 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 24 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. 25 From: lorraine samko<sphaedra757@gmail.com> Sent:Sunday,January 3, 2021 10:46 AM To: Robert "Bobby"J.Tajan<rtaian@vbgov.com> Cc:John D. Moss<johndmoss4109@gmail.com>; Ronald H. Williams Jr. <RWilliams@vbgov.com>; Louis R.Jones <llones@hollomon-brown.com> Subject: Re: Broad Street property and Facebook Post CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Mr.Tajan. Our community is concerned about the current application for rezoning at 4937 Broad St. and with that we DO NOT want this approved. In the simplest form, it is not an appropriate location for a commercial enterprise that performs a non- passive activity. And this leads to a greater concern of the push to commercialize the southern side of Broad St. between Aragona Blvd and Withduck. With family occupied residential homes facing the forced commercial side, the aesthetics are not value inducing for homeowners and the activities of some of the businesses are threatening to the resident's right of quiet enjoyment of their property. I say forced because there were single family homes facing Broad St. on that southern side at inception. I still do not have a clear picture of how this street came to be in the state it is in; prior to my civic league participation. What I have heard is that there was a plan akin to the side of Broad St. between Aragona Blvd. and Independence Blvd. for office development and appropriate barriers between residential and office commercial. I have never seen this concept that supposedly came from the CVB. What we have in reality is multiple low rent car dealerships who could care less about the resident's quality of life. Some of these dealership owners have bought a few of the SF homes on Broad and the close interior streets and house some workers under questionable circumstances. They install driveways in the night where grass once stood and park multiple cars from the dealerships there. They park cars up and down the residential streets their businesses abut so there is no traffic visibility and they do not discourage their clients or workers from using our streets for test driving cars with many revving and speeding while our children use those streets for play and walking to school. I happened to be on Broad St. a few years ago when I saw the SWAT team gearing up at Iceland in the parking lot. Turns out they went down 2 blocks and raided a home that one of the dealerships owns, supposedly as a house of"ill repute". I personally reached out a few years ago and zoning, I believe, got involved and spoke to dealers parking cars illegally on the streets. The businesses moved the cars parked on the streets for about a week and then went right back to parking them there. If they are not legally bound and incentivized via enforcement to do right,then what recourse do we have? They act with impunity and get away with it. We should not have to air repeated grievances to the news media to get our city government to help its citizens: like with the resident on Linshaw Ln. that finally got the city's attention to clean up his junk yard when neighbors went to 10 On Your Side. He acted with impunity FOR YEARS;the city offices went through the motions and channels FOR YEARS and nothing got done. I thank you for your time and look forward to speaking with you soon. Regards, Lorraine Samko President Aragona Village Civic League Hoa N. Dao From: carolina_blue@cox.net Sent: Tuesday, January 12, 2021 7:26 PM To: Aragona Village Civic League; Hoa N. Dao; galcarazvbpc@icloud.com;wgrahamVBPC@icloud.com; horsley_don@yahoo.com; mainman@inmanstrickler.com; branch.oliver@gmail.com; dredmondvbpc@icloud.com;johnhcoston@gmail.com; RKleinVBPC@icloud.com;jckwall@aol.com; dweiner@batchelder-brick.com; Bob M. Dyer;James L.Wood;Jessica P.Abbott; Michael Berlucchi; Barbara Henley; Louis R.Jones;John D. Moss; Aaron R. Rouse; Guy K.Tower; Rosemary C.Wilson; Sabrina D.Wooten Cc: Beauregard Mabe; the.simply.goldenl@gmail.com; carolina_blue@cox.net Subject: 4937 Broad Street Car Wash Proposal CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Dao, This letter is being written in regards to the proposed Car Wash project located at 4937 Broad Street. After reviewing the proposed plans, I have become very disturbed and concerned for the safety of the people, (especially the children) and quality of life of my Aragona Village Neighborhood. I have been a resident here approaching 30 years and have enjoyed the quiet and peaceful environment it has offered. With this proposal, I now feel somewhat bullied and infringed upon as well as my neighbors. Firstly, I believe this is NOT the proper business venue that should be considered in an established residential neighborhood. The additional vehicular traffic, street parking, loitering,foot traffic and noise generated by this business will be a detriment to our current livelihood. I am also concerned how the City of Virginia Beach will manage, control and treat the waste water generated as well the chemicals and cleaning supplies that will be used to clean vehicles. That poses a huge environmental concern for us. I moved here because it was quiet neighborhood with no commercial business traffic. With this proposal, I consider this as encroachment as I will now have to navigate additional traffic that will pour onto Broad Street and Opal Avenue as well as the additional test drivers speeding down Broad Street already. I believe the majority are coming from the A and G Car Dealership. I remind you that this location on Broad Street directly faces the intersection with Opal Avenue which makes this even more dangerous. That particular structure on 4739 Broad Street will need major structural upgrades to accommodate a Car Wash facility. What if the owner decides to demolish the structure and build a Parking Lot?Will the owner be allowed to lease parking space to other businesses for profit?We DO NOT want this. It just opens the flood gate that will be used to park potentially hundreds of additional cars as well as those to accommodate the overflow from the A and G car dealership. I believe that securing the building for a Car Wash is just a precursor of acquiring the vacant lot joining the property down to Rose Marie for additional parking. I am genuinely concerned that future plans will include acquisition of the vacant lot for additional parking for this business. This would allow the owner to expand his business and control a large portion of Broad Street for vehicle parking along the street and around the establishment including Rose Marie. I understand that the owner also operates a business at 5040 Broad Street next door to Auto Detailz.That business is constantly cluttered with cars. During the week it is hard driving through that part of Broad Street due to traffic and parked cars on the Street. Overflow Cars are now being parked on the properties at 5013 and 5017 Broad Street in Driveways, on side streets and in Front Yards. It is very unsightly when driving by. Bottom line,there is enough through traffic on Broad Street as it stands now. Cars are constantly speeding down Broad Street while being test driven. Having that ongoing issue, in addition to the Regular Daily/Commercial Traffic,Tractor Trailor traffic and Car Carriers off-loading Cars and Trucks, we will create a larger problem. Numerous non-resident cars also speed down Opal Avenue daily as they circle back through to the A and G Car Dealership.The noise generated from the Sub Sonic Stereo equipment when Cars speed by shakes my house. This proposed business will only amplify the speeding problems, parking,traffic, noise and safety issues from Southgate down to Rose Marie and throughout. There is absolutely nothing that will be gained with this proposal and it will in NO WAY benefit the neighborhood. This is a residential neighborhood that we are talking 1 about.A small business with only a few cars needed for parking would be more appropriate. But allowing hundreds of cars moving in and out of traffic to be parked along Broad Street and beyond is totally unacceptable. We DO NOT want this to be considered as a future permanent establishment in our neighborhood. I have seen my fair share of unsightly vehicles moving in and out near the 5040 Broad Street location. The majority of those vehicles have been modified with aftermarket Rims, Mufflers,Stereo equipment,Tinted windows, Lights, etc. We DO NOT want to see a continuation of this from Southgate Avenue down to Rose Marie as I enter and exit my neighborhood and onto my street. The Virginia Beach Police Department will be inundated with complaints generated from the repercussions of this proposal. Again, This is NOT the proper location for this kind of business. It is my desire that you and the Planning Board take my concerns seriously in consideration and say NO to this proposal. The taxes generated are not worth the Encroachment, Traffic, Unsightly Parking, Noise, and Safety issues placed on our residents and our existing peaceful, quiet neighborhood. I am also sending this Letter on behalf of the numerous number of residents who reside in the Aragona Village Neighborhood who have voiced their opinions and opposition with a resounding NO. I trust that the Planning Board will do the same. Respectfully Submitted, Steve Carver 340 Opal Avenue Virginia Beach,Virginia 23462-2628 2 Hoa N. Dao From: Beauregard Mabe <bthorl@verizon.net> Sent: Tuesday,January 12, 2021 9:01 PM To: Hoa N. Dao Subject: January 12, 2021 Planning Commision:4937 BROAD STREET PROPOSED REZONING FOR A CAR WASH CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am writing to you in regards to the #13 proposal: 4937 BROAD STREET PROPOSED REZONING FOR A CAR WASH by Expert Services LLC. with a GPIN:1477055792 After reviewing all the details, plans and doing some investigation on this project myself and many of my fellow tax paying neighbors do not approve of this plan. We feel this will increase the noise, traffic, parked cars, environmental issues, and safety in our residential neighborhood. Lets start off by saying this company is a direct affiliate with A&G Auto Sales. Their sales lot is so packed with cars that customers have to park along Dorset Avenue near the Hardees. The current location of Expert Services LLC is located a block away in an actual commercial building on Broad St which holds at least 2 vehicles inside for them to detail. They do not have parking spots facing the residential houses on that street as they would if you approve these plans. Per the current plans at 4937 Broad St there is 6 existing parking spots which means lots of extra parking for A&G Auto Sales and who knows how many they could fit down the access road leading to the new garage door on the western side. Another concern is the vacant lot to the east adjoining this property at the corner of Broad and Rose Marie could be used to park more cars later down the road if this Car Wash is allowed in my neighborhood. That vacant grassy lot is where my daughter and other children play because as you know we do not have many open play area on this side of Aragona. The last sentence in their detailed description tells me they plan to store cars for A&G on these premises. Broad St traffic is already a major issue with people not fully stopping at the stop sign as they cross Rose Marie Ave and with the added vehicles and noises it will get worse. The Dog Rehab facility that was in this location was a very passive business unlike this Car Wash. We do have a few passive businesses throughout our neighborhood that work wonderfully without causing issues. Most residents have no clue about these businesses and that is perfect for a neighborhood. This Car Wash will stand out and create lots of issues just like Auto Deetalz at 5040 Broad Street suite 101. The amount of traffic increased will create a major issue for residents on that and surrounding roads. As an 11 year resident in Aragona, which is one of the highest tax revenue neighborhoods in Virginia Beach, I DO NOT approve of this proposal and I ask for you to say NO to topic#13 Regards, Beauregard Mabe 410-409-4911 So\ /r,ia o \liVa 111K 111 lelk \ittrOtil • r , ' L cn o• - , g k ai,-- \ *A ,\\ f) 16 • cr) , -Gte •� W co)c-T t • A h\-\ ‘\ \ ��e:::sw,.„41 L e0 o •\+- o OCR Q Pli •T'r \\1313 11(Z N ' s. a S\& m S T „, — 0 0 cn D O_ N CO O_ w,� 1 E, 1, , CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: VERDAD REAL ESTATE & CONSTRUCTION [Applicant] SRGS, LLC; PENNY R. PITTS REVOCABLE LIVING TRUST; & ADAM OUTDOOR LIMITED PARTNERSHIP [Property Owners] Conditional Use Permit (Automobile Service Station) for the property located at 4493 Shore Drive (GPINs 1479678256, 1479679311, 1479770345). COUNCIL DISTRICT — BAYSIDE MEETING DATE: February 16, 2021 • Background: The applicant seeks to redevelop the 1 .08-acre site with a 4,088-square foot convenience store with ten fuel pumps. The fuel sales require a Conditional Use Permit for an Automobile Service Station. The store features coastal-style architecture with exterior building materials of fiber cement lap siding and brick veneer with an asphalt shingle roof. The proposed redevelopment will reduce the number of entrances along Shore Drive and Greenwell Road from four to two with pedestrian connectivity provided on Shore Drive and a five-foot pedestrian sidewalk is proposed along Greenwell Road. A three-foot tall berm is proposed at the southeast corner of Shore Drive and Greenwell Road, and an eight-foot high privacy fence will replace the existing six-foot high, chain-link fence where the property abuts residentially zoned properties to the south. Plantings are proposed along Shore Drive, Greenwell Road and the southern property line. The proposed landscaping and number of parking spaces exceed the requirements of the Zoning Ordinance. • Considerations: The request is consistent with the recommendations of the Comprehensive Plan that identify the Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. The Plan recommends the reuse and revitalization of existing commercial properties and preserve and protect the character of the established neighborhood. Specifically, the proposed redevelopment addresses these recommendations with the replacement of an older motor vehicle sales and car wash operation with an updated, unified development and improved architectural details. The Bayfront Advisory Commission (BAC) reviewed the application and finds the proposal to be consistent with the Shore Drive Corridor Design Guidelines. The Traffic Impact Analysis (TIA) indicates that the proposed development will result in a minor increase in vehicular delay at the intersection of Shore Drive and Verdad Real Estate & Construction Page 2 of 3 Greenwell Road in the morning and afternoon peaks hours. Minor adjustments to the traffic signal's timing along Shore Drive is proposed to address this issue. Traffic Engineering has reviewed the submitted TIA and concurs with its findings, and that the intersection of Shore Drive and Greenwell Road will continue to operate at an acceptable level of service during the peak periods. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. One letter of opposition and two speakers in opposition to this request at the Planning Commission public hearing. The opposition noted concerns related to health and safety for having a fueling station operating behind her property. The Planning Commission recommended that bollards be installed along the parking area where the property abuts residentially zoned properties. The applicant was agreeable to this and submitted a revised exhibit to include the bollards. Condition 1 below with underline and strikethrough text reflect the revised exhibit date. ■ Recommendation: On January 13, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. 1. When the property is developed, it shall be in substantial conformance with the submitted concept plan entitled, "CUP Exhibit - 4493 Shore Dr, Virginia Beach, VA" ("CUP Exhibit"), prepared by Kimley-Horn, dated October 2020 January 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. When the property is developed, the exterior of the convenience store building and fuel canopy shall substantially adhere in appearance, size and materials to the elevations entitled, "Review Board Elevations - 7-Eleven Store #1048169, Shore Drive and Greenwell Road, Virginia Beach, VA 23120," prepared by Intrepide Design, dated October 12, 2020 and October 15, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. When the property is developed, the monument sign shall substantially adhere in appearance, size and materials to the elevations entitled, "SVE_1048169_Shore Dr Virginia Beach VA_R3," prepared by Harbinger, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set in a brick base, as noted in condition 3. c. No striping shall be permitted on the fuel canopy. Verdad Real Estate & Construction Page 3 of 3 d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. At the time of site plan review, a Landscape Plan that reflects the plant material depicted on the submitted CUP Exhibit, along with all applicable requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain approval prior to the issuance of a building permit. 6. The dumpster shall be enclosed with a solid brick wall in color and material to match the building and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. 7. All air pumps shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 8. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the rights-of-way as approved by the Planning Director. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: q)-0 I Applicant Verdad Real Estate & ConstructionNB Agenda Item Property Owners SRGS, LLC; Penny R. Pitts Revocable Living Trust; & Adam Outdoor Limited Partnership Planning Commission Public Hearing January 13, 2021(Deferred at the December 9,2020 public hearing) 18 Virginia Beach City Council Election District Bayside Request Conditional Use Permit (Automobile Service Station) 4— a„o b. �� x Staff Recommendation °`".• .''S i m e` eel G Approval V s { �aCh� iq Staff Planner U C °r, Hoa N. Dao Location `-----------I '"Wha Ro 4493 Shore Drive ' „ a8ii am, GPINs i : 1 ofor , °".1 1479678256, 1479679311, 1479770345 6 "m"). PncecirUa I Site Size map- - o / 1.08 acres „,�'"r r ; /P 9 AICUZ ; Less than 65 dB DNL - e Watershed F rsr Ceurt Road •�— PaM Road Chesapeake Bay ar �—T`(�—�—�`"° Existing Land Use and Zoning District Motor vehicle sales, car wash facility/ B-2 Community Business (Shore Drive Corridor ._ Overlay) r Surrounding Land Uses and Zoning Districts Y North . \ r "`. Shore Drive Automobile service station,veterinary — we ow.- establishment / B-2 Community Business (Shore t Drive Corridor Overlay) . .. ` South .e V. Single-family dwellings/ R-10 Residential (Shore 'P. , c. _' ''"` R` . % r'r • , c = r. !� Drive Corridor Overlay) ` \ ,,� East . P ;. i - !� Mixed retail/ B-2 Community Business (Shore ,� ") Drive Corridor Overlay) ! - West r" 4, v Or` 'k' • � Greenwell Road ,r+►- ,yPt •t ✓ Automobile repair garage, mini-storage/ B-2 Community Business (Shore Drive Corridor Overlay) Verdad Real Estate & Construction Agenda Item 18 Page 1 Background & Summary of Proposal • The subject site is zoned B-2 Community Business and is located within the Shore Drive Corridor in the Bayside District. • The 1.08-acre site is currently occupied by a motor vehicle sales establishment and a car wash facility. • The applicant seeks to redevelop the site with a 4,088-square foot, 24-hour/seven days per week convenience store with ten fuel pumps. The fuel sales require a Conditional Use Permit for an Automobile Service Station. • The proposed convenience store features coastal-style architecture with exterior building materials of fiber cement lap siding and brick veneer with an asphalt shingle roof.The fuel canopy and dumpster enclosure match the architectural materials of the convenience store building. • The submitted site layout depicts a three-foot tall berm at the southeast corner of Shore Drive and Greenwell Road, and an eight-foot high privacy fence where the property abuts residentially zoned properties to the south. Plantings are proposed along Shore Drive, Greenwell Road and the southern property line.The proposed landscaping and number of parking spaces exceed the requirements of the Zoning Ordinance. • An eight-foot tall, monument-style freestanding sign with a brick base is proposed near the intersection of Shore Drive and Greenwell Road. • Pedestrian connectivity is provided on Shore Drive and a five-foot pedestrian sidewalk is proposed along Greenwell Road. • Per Section 203 of the Zoning Ordinance, 21 parking spaces are required for the proposed use. The submitted layout shows 31 parking spaces, exceeding the parking requirement by 10 spaces. • The proposed redevelopment of the property includes a reduction in the number of entrances along Shore Drive and Greenwell Road from four to two. B-2 0 grasp°v� / c /��/�� — Zoning History �� �� # Request ��// � , 4` Station)Approved 12 03 1996 1 CUP(Automobile Service pp / / pow ri Dermar 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 Verdad Real Estate& Construction Agenda Item 18 Page 2 Evaluation & Recommendation Staff finds the proposal to construct a convenience store with 10 fuel pump stations to be acceptable. The request is consistent with the recommendations of the Comprehensive Plan that identify the Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. The Plan recommends the reuse and revitalization of existing commercial properties and preserve and protect the character of the established neighborhood. Specifically,the proposed redevelopment addresses these recommendations with the replacement of an older motor vehicle sales and car wash operation with an updated, unified development and improved architectural details.The existing car wash has four vacuum stations very close to homes that produce significantly more noise as compared to the single air pump station that is proposed along Shore Drive. The convenience store and fuel stations offer the surrounding community a necessary service within a coastal-style building in keeping with the character of the Bayfront and designed with the elements of the Shore Drive Design Guidelines in mind. Specific guidelines being met with this proposal include the use of neutral colors, high-quality architectural style and building materials that are compatible with the character of the community, and promote walkability with pedestrian access pathway connecting to public sidewalks. The Bayfront Advisory Commission (BAC) reviewed the application and finds the proposal to be consistent with the Shore Drive Corridor Design Guidelines. The BAC is supportive of the request. The proposal also includes an eight-foot tall, solid, privacy fence that will replace the existing six-foot high, chain-link fence that does little to screening the adjacent residential properties to the south from the auto-related activities currently on this site.Along with the privacy fence, a 15-foot wide landscape buffer consisting of evergreen trees and shrubs is proposed along the southern property line. A more detailed review of all screening and planting requirements will occur during final site plan review. To prevent traffic queueing issues on Greenwell Road at the approach to the traffic signal at Shore Drive,the applicant proposes to install a curb island on the western access point to prevent a left turn into the site from Greenwell Road. In addition,two of the three existing access points along Shore Drive will be eliminated,thereby reducing conflict points along this right-of-way which will improve safety. The remaining access point on Shore Drive will be a right-in/right-out access point.The Traffic Impact Analysis (TIA) indicates that the proposed development will result in a minor increase in vehicular delay at the intersection of Shore Drive and Greenwell Road in the morning and afternoon peaks hours. Minor adjustments to the traffic signal's timing along Shore Drive is proposed to address this issue.Traffic Engineering has reviewed the submitted TIA and concurs with its findings, and that the intersection of Shore Drive and Greenwell Road will continue to operate at an acceptable level of service during the peak periods. Based on the considerations above, Staff recommends approval of this request subject to the conditions noted below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted concept plan entitled, "CUP Exhibit-4493 Shore Dr,Virginia Beach,VA" ("CUP Exhibit"), prepared by Kimley-Horn, dated October 2020 January 2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. When the property is developed,the exterior of the convenience store building and fuel canopy shall substantially adhere in appearance, size and materials to the elevations entitled, "Review Board Elevations -7-Eleven Store #1048169, Shore Drive and Greenwell Road,Virginia Beach,VA 23120," prepared by Intrepide Design, dated October 12, 2020 and October 15, 2020,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. Verdad Real Estate & Construction Agenda Item 18 Page 3 3. When the property is developed,the monument sign shall substantially adhere in appearance, size and materials to the elevations entitled, "SVE_1048169_Shore Dr Virginia Beach VA_R3," prepared by Harbinger,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8)feet in height,set in a brick base, as noted in condition 3. c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. At the time of site plan review, a Landscape Plan that reflects the plant material depicted on the submitted CUP Exhibit, along with all applicable requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain approval prior to the issuance of a building permit. 6. The dumpster shall be enclosed with a solid brick wall in color and material to match the building and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. 7. All air pumps shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 8. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the rights-of-way as approved by the Planning Director. 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 in Suburban Focus Area 1—Shore Drive Corridor.The Shore Drive Corridor is an integral part of the Bayfront Community, extending from Independence Boulevard to First Landing State Park. While primarily a residential community,the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors, creating unique and sometimes problematic challenges.The area is considered a resort neighborhood and not a resort destination.The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. Verdad Real Estate & Construction Agenda Item 18 Page 4 Natural & Cultural Resources Impacts The site is located within 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 Shore Drive 37,100 ADT1 36,900 ADT 1(LOS°"D") Existing Zoning 2—550 ADT Proposed Land Use 3—2,306 ADT Greenwell Road 1,740 ADT1 9,900 ADT 1(LOS°"D") 'Average Daily Trips 2as defined by a 1.08-acre B-2 3 as defined by a convenience 4 LOS=Level of Service parcel store/gas station with 10 fuel pumps Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Shore Drive in the vicinity of this application is considered a four-lane divided major urban arterial. The MTP proposes a six-lane divided facility within a 150-foot right-of-way. Currently,this segment of the roadway is functioning right at capacity. Greenwell Road in the vicinity of this application is considered a two-lane undivided local street. It is not included in the MTP. Greenwell Road is included in Phase III of the City's Traffic Calming Program. A roadway CIP project is slated for this area. Shore Drive Corridor Improvements- Phase II (CIP 2-116)will provide safety improvements, including pedestrian walkways and bikeways, along the Shore Drive corridor from South Oliver Drive/Waterspoint Place to Treasure Island Drive. It will also include improvements along Shore Drive at the Northampton Boulevard interchange and to the intersection at Pleasure House Road and at Greenwell Road. There is currently no funding for this project. Public Utility Impacts Water &Sewer The site currently connects to City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant/applicant's representative presented the proposal to the Bayfront Advisory Commission (BAC) on October 15, 2020.The BAC provided feedback on the building façade and orientation. The applicant voluntarily adjusted the plan to comply with the Commission's feedback and the BAC is supportive of the proposal. • One letter of opposition has been received by Staff noting concerns related to health and safety for having a fueling station operating behind her property. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 14, 2020. Verdad Real Estate& Construction Agenda Item 18 Page 5 • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 27, 2020 and January 3, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 28, 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 January 7, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 1, 2021 • 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 February 12, 2021. Verdad Real Estate &Construction Agenda Item 18 Page 6 Proposed Site Layout 1 t L. Y R V N / ' 3 � 8.. �r I oa ate si s� �a i I -- �� I �( fT V --* /. lief* L'J f •tom ` IbI t •. �� gV •i 0 ,.� v 3 I b \b ' < 1 ■ ` -1 1 1111 I g 51. o M1 a r I L - _a i \ o .h.g § Li £ $ f—-- — a 4 • n k;:-.. li t I g • 4_1 W ,. . M S 1 t --i::4 * I li' 1 ,,,ie ii- Q.R I 8i i 1 — g I I a t ti (ig o4 L - '- — >-. E Ii otHe in p•---..c- I I s A 00111° k 9 t- -;--- P. i R a s - 1`,,,,„ >e � = b s � 1' , GREY�ppr � � Ire" °` `�� 6 ^' Verdad Real Estate & Construction Agenda Item 18 Page 7 Proposed Elevation Plan 1 9 P .- _ ,:i, IIli IAf� iLl ;S - 1 : : - a :a c I /lIl fsi- ! =! • !4 :i' 1 f f 1 I it e f ili till 0 i i l I 11 I I ° cr 0 111 1 cr, — li 1I — , liii ll1 I t i■■■ ' ' '� ;; ill log i; ' \� it am' iiii �1 I 11011 j II p 3 Ai ill zj R li /- .-, W W J / / . I i A \ F 1 tr li O Verdad Real Estate& Construction Agenda Item 18 Page 8 Proposed Elevation Plan 1 11111111r- i gl " , ii a ! it i Pi fi 1l Iii s I E' !l oi t o t: . s s . i i # MOM f{ 1: \ t 1 J NEMill Mliiimii-------- 5 W ii 9 lilts t. Q LL' - coW R U g.s I! ii Ip Ott ilf4 t; n Verdad Real Estate &Construction Agenda Item 18 Page 9 Proposed Monument Sign „ow O ill Ill .w wmw -V w Uw -0 UZ,n °'u w CCo "LL a xm zy 0 ao z_ 0)Nw aJ co CA aJ �� y a w c9 Na 0 a O �K itu, a Isnimumiewriu ♦ __ _. I1 _ -- - 00 s 11/111/1111 33 5/8'CUT SIZE H 59 3/4' CUT SIZE . 31 518'V.O. 57'V.O. 29 5/8'PAN 55'PAN i. 14 . • • •--f C t II L-W i I]'-iii_1 0 g5 i `1' , hh. c�i� r ill 4.0 mM C 11 75:I W 171 '^ CA i � a at— . ,,. ce Elw 1 -I 1 Ion 1 V g'v C ' �' . j4It . cA3�"i i1 , I i/ • ; 1111i It II N �• NVd.8l£LS '� /1Vd .Zr. $ S I .� O'A.8lt/S .•OA.SL� 3ZISin0.8/L9S 1n3.Ll . .. . 13N18V0.SL .0Z NI IP (HVO)30Vao WOad.96 Verdad Real Estate& Construction Agenda Item 18 Page 10 Site Photos - ,. T 'tf .; .� i 1.1 011------v;,....,$) I—IIIpllpqr-,„ Th--------------=H.,,r,:, .. . ' :AI-- _ _i_ HiII , _ ., .:______ . • . . _r_.,„„.. ,_. ipo.. , „ _ ..„,. _... ... , . . . ... . dF" .- t"iirik 1 , 0, . ,. 1..._„„*.„ ,..i..... . ... . ... , o0...,,,„, ....., ... ....._._,_ ....... . ., .... . ,____, 'WASH, '- _�' I _' „,-` Verdad Real Estate &Construction Agenda Item 18 Page 11 Site Photos ..: • .:' ,4 - N...- - .-ek-o.-', • , - -,,,- ' ..— -.• v. *4-..-' ••4' • • ' '4 4• 4,' .' '. 1*I.:4.'0 4 . ..... f., . t-"r-r%•' Ark' ,:14,4';-, 6• - ..... 6. _. A i. _.,„ : ,., • ,.. - . filiTi Fl i - - - _ • - il - ••• - -_-- ----- i -• •-•- ' ....- -----•----2,-. ,.. . ' ----._ -- 11 „Air -• Of/ ----, • allb ,A . A., • I "73 1 • iii , ...7,..„ _________ \ . ...- , .,...„. 1 \ •-;`,.647" 4 ,, A' - ....6.41.. , - t +51741"4°11‘ .MI I 1. • ' Ir ------•-•••••••- ..... 4t.._ -- 'el:.- •7--- ; ;, - • .-=•• ..• = •'.,„. • ' ..",,,,,, • . , •=. , . • --• •. , • "= Verdad Real Estate& Construction Agenda Item 18 Page 12 Disclosure Statement Virginia Beach APPLICANT'S NAME VERDAD REAL ESTATE&CONSTRUCTION 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 Flood plain 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 TOR CITY USE ONLY/All disclosures must be updated two 12)weeks prior to any Page 1 of 7 Planning Commission end CIty Council meeting that pertains en the applit ▪ APPLICANT NOTIFIED OF HEARING DATE ® NO CHANCES AS OF DATE. 01.28.2021 REVISIONS SUBMITTED ()AD Verdad Real Estate& Construction Agenda Item 18 Page 13 Disclosure Statement Virginia Beach [] Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. XCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Verdad Real Estate&Construction,LLC If an LLC,list all member's names: Brian Joseph Keen Joeseph Mann,Jr. Shane Joesephson 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 e _,_ SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 pnlyjf 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 15 a corporation, partnership, firm, business,or other unincorporated organization,AND THEN,complete the following. Penny R.Pitts Revocable Living'I'rust (A) List the Property Owner's name: If an LLC, list the member's harry E.Pitts,Trustee names: Page 2 of 7 Verdad Real Estate & Construction Agenda Item 18 Page 14 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) I "Parenrsubsldlary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va Code§2.2-3101 a "Affiliated business entityrelationship" means "a relationship, other than p, parent-subsidiary relationship,tnat exists when (i)one business entity has a controlling ownership interest in the other business entry,(ii)a controlling owner In one entity is also a controlling owner In the other ent ty, or (iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets, the business entitles shave 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 an.y 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 Verdad Real Estate & Construction Agenda Item 18 Page 15 Disclosure Statement NiB Virginia Beach Li 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: 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. El Check here If the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. [X I Check here if the PROPERTY OWNER LS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: SRGS LLC If an LLC, list the member's names: Michael J.Schutz,Matthew Schutz and Robin Schutz Page 2 of 7 Verdad Real Estate &Construction Agenda Item 18 Page 16 Disclosure Statement a� 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) I "Parent•subsidlary 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 (ill) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working 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 operittjng_pl to 12e o aerated-QLt the.Erik Iiy• 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 Verdad Real Estate& Construction Agenda Item 18 Page 17 Disclosure Statement 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: 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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 Qy if_property owner is different from Applicant• [ I Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. 15{1 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: Adams Outdoor Limited Partnership If an LLC, list the member's Richard Zecchino,General Legal Counsel names: Page 2 of 7 Verdad Real Estate & Construction Agenda Item 18 Page 18 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 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Adams Outdoor,Inc.,General Partner of Adams Outdoor Limited Partnership t "Parent-suosidlary 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 entities;there are common or commingled funds or assets,the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working 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 subiect 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 Verdad Real Estate& Construction Agenda Item 18 Page 19 Disclosure Statement <yr/ APPLICANT Virginia Beach YES] NO SERVICE I PROVIDER(use additional sheets if 1 needed) l II IA Accounting and/or preparer of your tax return x nArchitect/Landscape Architect/ Intrepid Design 1 Land Planner Contract Purchaser(if other than Li nX 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) II X,^ _Construction Contractors J n Engineers/Surveyors/Agents Kimley Horn Financing(include current — IX) mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X ri Legal Services Grady Palmer and/or Williams Mullen Real Estate Brokers/ IX I I I Agents/Realtors for current and Jones Lang Lasalle ` anticipated future sales of the subject .ro s ert e — • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C� ip an interest in the subject land or any proposed development V\ 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 Verdad Real Estate& Construction Agenda Item 18 Page 20 Disclosure Statement vo, 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 are responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meetlhigl, or meeting of any public body or committee in connection with this 74p-crlicatioin. B.Jason Keen 08/12/20 AP I HT' GNATURE PRINT NAME DATE CEO,Verdad Real Estate&Construction,LLC Page S of 7 Verdad Real Estate& Construction Agenda Item 18 Page 21 Disclosure Statement OWNER: SRGS,LLC �,,�,1B OWNER Virginia Beach YES NO C _ SERVICE PROVIDER(use additional sheets if needed) ( ICI Accounting and/or preparer of I iai your tax return n x Architect/Landscape Architect/ Land Planner LiContract Purchaser Of other than IV the Anglicant)-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) ❑ IX] 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) XEl Legal Services Erik P.Gordon Real Estate Brokers/ Agents/Realtors for current and Dynamic Commercial Real anticipated future sales of the Estate Advisors subject property 1 - r SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1 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 Verdad Real Estate &Construction Agenda Item 18 Page 22 Disclosure Statement , wrdt^li mat, 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, VBOA meeting, or meeting of ny public body or committee In connection with this Appl ion. _J_ Y t`�(.tt cant.L g�to/to ryl0►ERIY OtMNIR'S f AtURE ►RINT NAME DATE Member SRGS LLC Page 7of7 Verdad Real Estate& Construction Agenda Item 18 Page 23 Disclosure Statement Owner: Penny R.Pitts Revocable Living Trust OWNER Virginia Beach YES NO SERVICE PROVIDER(use addonal sheets if needed>_iti 1 ❑ IX] Accounting and/or preparer of 'A' your tax return X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than XIthe Aoolicantl-identify purchaser and purchaser's service providers Any other pending or proposed f 1 �s1 purchaser of the subject property I !�1 (identify purchaser(s)and purchaser's service providers) 1 Construction Contractors nIX) Engineers/Surveyors/Agents Financing(include current I ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Crenshaw Ware&Martin, P.L.C. Real Estate Brokers/ Agents/Realtors for current and Dynamic Commercial Real anticipated future sales of the Estate Advisors 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 1J an interest In the subject land or any proposed development nJ 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 Verdad Real Estate& Construction Agenda Item 18 Page 24 Disclosure Statement „N/B Virginia Beach C_ERTIFICATION: 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, VRDA meeting, or meeting of any public body or committee In connection with this Ap pli cat ion. PROPERTY OWNER'S SIGNATURE -44'NdT E aDA8bA:4 Trustee o'the Penny R.Pitts Revocable Living Trust Page 7 of 7 Verdad Real Estate &Construction Agenda Item 18 Page 25 Disclosure Statement Owner:Adams Outdoor Limited Partnership OWNER Virginia Beach YES NO [ SERVICE PROVIDER(use additional sheets If� needed) I1 X Accounting and/or preparer of I 1 your tax return I I x. Architect/Landscape Architect/ Land Planner Contract Purchaser(if othr t ehan Li X th piicant)-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) II IV Construction Contractors nEngineers/Surveyors/Agents Financing(include current �I select mortged ageor holdersb and lenders eing considered to provide financing for acquisition or construction of the property) X Legal Services Richard J.Zecchino Real Estate Brokers/ X I 1 Agents/Realtors for current and Dynamic Commercial Real L J anticipated future sales of the Estate Advisors 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 Iv 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 6of7 Verdad Real Estate&Construction Agenda Item 18 Page 26 Disclosure Statement Virginia Bench 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 meetin o ny public body or committee in connection with this Beat ROar ZEZCOMYAC; S-(d PROPERTY OWNER'S SIGNATURE PRINT NAME DATE General Counsel Adams Outdoor Limited Partnership,by Its (;corral Partner.Adams Outdoor.Inc. Page 7 of 7 Verdad Real Estate&Construction Agenda Item 18 Page 27 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. Verdad Real Estate& Construction Agenda Item 18 Page 28 Items # 18 Verdad Real Estate & Construction [Applicant] and SRGS, LLC., Penny R. Pitts Revocable Living Trust, & Adams Outdoor Limited Partnership [Property Owners] Conditional Use Permit (Automobile Service Station) 4493 Shore Drive January 13, 2021 RECOMMENDED FOR APPROVAL- HEARD Mr. Dao: Yes, sir. The next item for consideration is Agenda number 18, the application of Verdad Real Estate and Construction, a request for a Conditional Use Permit for an Automobile Service Station located at 4493 Shore Drive in the Bayside District. Mr. Grady Palmer is the applicant's representative for this request. Mr. Palmer, please start by stating your name and you can start your comments. Mr. Palmer, please start your comments. Mr. Chair, would you like to move on to the next item and circle back. Mr. Weiner: Did we try Mr. Bourdon again. Mr. Bourdon, so he can comment it. Mr. Dao: Mr. Palmer can you hear that. Mr. Palmer: Yeah, Hoa, I am here. Mr. Dao: Okay. All right, please state your name and begin your comments. Mr. Palmer: Sorry for the technical difficulty, seems to be with attorneys today. My name is Grady Palmer, local attorney here representing the applicant on this application. Chairman Weiner, Vice Chair Wall, Members of the Commission, and Staff, I want to thank you for the opportunity. And, I want to thank Staff for their recommendation. It has been a pretty meticulous review of this application as you know it is in the Shore Drive Corridor Overlay District, we have been to the 1 Bayfront Advisory Commission two times, received unanimous support for the design, the layout, and also the architecture. I think the result of the review process is really bringing a very high quality project to the Corridor in to Shore Drive and I am proud to be a part of it. Couple of things I want to note out of the Staff report and I think that this redevelopment project is going to be real benefit to the Corridor, but also being sensitive to understanding that there are neighbors nearby. I have done a lot of these projects where major corridors that butt up against an existing established neighborhood and we really try to work hard to be sensitive to neighbors and to design and address things that will make the benefit over the current situation. And so, a couple things that the staff report notes that noise items are being moved away from residences and there is a significant enhancement of buffering and landscaping on the property. We have got an eight foot fence that divides the 7-Eleven from the neighbors to our south. For the Shore Drive Corridor we are reducing the number of ingress-egress points from three to one on Shore Drive, and I think probably significantly we are reducing the amount of impervious surface. And those things where we try to look for those opportunities to make these projects work better for existing neighbors. I know that there is some concern out there about the gas tanks and living next door to the gas station, I will get to that in a minute. But we try to be very sensitive to designing these things in a way that they can coexist with neighbors. As you know, this site is zoned B2, so, there is a significant amount of by-right development that can happen on the site. We think the Conditional Use Permit process is a good one, particularly in this location, to shape a project in a way that makes it much more compatible with its neighbors than by-right development. Some of the safety concerns I know that our 2 neighbor to the south has expressed concerns about living next to a gas station. I will tell you I think that these are some of those highly regulated of all the business commercial uses. I know there is annual inspections and state regulations and I think that I can stand here before the Commission and say that this is a safe operation. I do want to note, there was discussion about whether there are other services stations, 7-Eleven's, and Wawas in Virginia Beach that are adjacent to residential. Note to the Commission that just to our West down Shore Drive at the Pleasure House Road intersection there is a Wawa. If it is not closer than we are, it is about the same location, immediately adjacent to residential and that I do not know of any issues with that. Maybe Staff can address that in a little bit more detail. But, I think this is a very good project that we are bringing to you and I am proud to be to be a part of it. I do want to note that I have with me on the phone today Jeremy Yee with Kimley-Horn, who can answer any engineering questions that you have. We have got Brett Skinner with the applicant Verdad who was the developer and then Ashley Bodner, who is with 7-Eleven corporate who can answer any questions from 7-Eleven end. I want to thank you for the time and I will stand by for any questions that you got. Thank you. Mr. Weiner: Thank you. Any questions. Okay. Mr. Dao. Mr. Dao: The next speaker is Julie Jimenez followed by Enrique Jimenez. Mr. Jimenez, please start by stating your name for the record and begin your comments. Ms. Jimenez: Good day everyone. Can you hear me. Mr. Dao: Yes, ma'am. Ms. Jimenez: Good day. Thank you for allowing me to express my concern, but I want to start to say that I am not opposed to any development in 3 Virginia Beach City. I am a resident of Virginia Beach City since 2008. I am very happy living here and I just wanted to share with you all my concern. I am the owner of the house that is right beside the project that you have for this gas station and I am very concerned because I live here with my mother she is 86 years old. I have my husband who is in sick condition, he has heart condition. He has problems breathing sometimes and he was hospitalized twice due to this condition. As I received the letter about a development close to my house, first thing that caught my attention was a gas station. There is 16 pumps and, that for me is a high risk for my family. We are less than 50 feet from this location, and I been going around, checking on gas stations, and I can see that there is no gas station so close to a residence. I started doing research to see if I am not correct or wrong and I find several information that you might be already aware of. That there are high concerns having gas station close to neighborhoods because of the harmful to human health that release from the gas station during the vehicle fueling or underground storage tanks. There are compounds in those fumes that are adverse to health effects, that can cause nausea, cancer, anemia, and even increase the sensitivity and infections. What we have lived in 2020, with all this pandemic, I believe that probably right now the codes for how we build gas station close to a residence might have to revisit and change. Here in Virginia, I believe the code or the law for having that gas station is it cannot be more or less than 50 feet, which I am less than 50 feet from this location. But, if you do more research you will find that there is many, many environmental health groups that bring to the attention of the City's or Planning Commission that gas station should not be less than 300 feet from a residence. I also not understanding why the City would allow a gas station, when this gas 4 station would right in front of another gas station, less than 100 feet. There is another Sunoco we have in Shore Drive and we have another gas station less than 100 feet. Then we have the Kroger and we have the Wawa. So, the need of the gas station is not the reason. Mr. Dao: Ms. Jimenez that is all the time you are allowed. The next speaker. Mr. Weiner: Hold on one second Dao, I want to see if anybody questions for her. Does anybody have questions. Okay, thank you. Mr. Dao: The next speaker is Enrique Jimenez. Ms. Jimenez: This is Julie Jimenez and I will be speaking behalf of my husband and he is here with me. Mr. Dao: Mr. Chair, would you like her to speak on behalf of her husband. Mr. Weiner: That is fine. Mr. Dao: All right, Ms. Jimenez, please start your comments, you have three minutes. Ms. Jimenez: Okay, so, as I was saying I do not see the need for another gas station. As I say, when I started, I am not in oppose of development, I am here because I want us together to find a resolution for my family. My family and I are hardworking people and we chose this house because of the safety, that this house was given under peace in the area. I mean a gas station here 24/7 will take away that safety that we had during all these 12 years living here. I will call and sales, crime it will increase, filling all cars close to my house would increase crime. The insurance of the house would raise for me, we are hardworking people, we cannot afford getting more in our financials to pay more insurance. I have teenager here who is happy, living, she is a high school student. She had been in the principal list, because I provide to her safety and peace. I want to urge you to 5 please not to approve this unless there is something that can help me to maintain my safety. I mean a wall here is not an option. That will not mitigate the risk that my family and my 86 years old mom, my husband with a heart condition. With all what happened with this pandemic we have to revisit how we do things because this gas station can harm our health, and I beg you, please. I had a person that was arrested with DUI over my house because he hit my car, turning from Shore Drive to Greenwood Road, hit my car. We have weeks trying to get to get another car, and the anxiety that that brings to us because we was afraid someone else would come and hit our house. Bringing a gas station close to my house, you are bringing back that worry to me and my family. So, I asked you please to review very good this and think about my family. Same way when you close your door and you go to your bed, and you are safe. I want you to think of my family same way that my mother is 86 years old, and my son who is at work for right now. He lives with me and he is going to college to help him with his college and let him live with that. And, he have to go every morning, and he work in the unit for COVID. I ask that you allow him have this peace. Mr. Weiner: Ma'am, thank you for comments. Your time is up, thank you very much. Does anybody have any questions. Okay, thank you very much. Do we any more speakers. Mr. Dao: No, I believe there is no other speakers, the remaining speakers are on the applicant's team and I would turn back to you. Mr. Weiner: Okay. Mr. Palmer did you have any rebuttal. Mr. Palmer: No, Mr. Chairman, I will see about the questions. Mr. Weiner: Okay, any questions Ms. Oliver. 6 Ms. Oliver: Mr. Palmer, do you mind addressing her concerns as far as the proximity of everything to her house, please. Mr. Palmer: Yes. So, we meet all the state regulations. The state highly regulates the placement of underground storage tanks. It meets all the distance requirements your Staff has reviewed it. We certainly understand the concerns, but just looking around the area, there are very similar situations not far down Shore Drive where these things are in close proximity and maybe even closer proximity at the intersection of Shore Drive and Pleasure House Road with no issues. And, I think if you look in a wider scope through Hampton Roads you are going to find a lot of these that have been approved over the years with no issues. No impacts to the community or individual health. Mr. Weiner: Any other questions, Mr. Coston. Mr. Coston: Yes, for the attorney, does not the store portion of the business, is that what is closest to her house and does that not provide some type of buffer between where gas is being pumped versus right up against their house. Mr. Palmer: Yeah. The building is on the east side of the property, so her property is separated by a buffer like a 15-foot buffer yard, I believe it is 15 feet. But, most importantly, there is an eight-foot fence that we have run the entire southern property line between our property and the houses that are just to our south, and so there will be a significant amount of landscaping and fencing that will separate the properties that do not currently exist right now. So, I think that alone will provide a major buffer and separation from the gas pumps, which are probably about I am trying to see the measurement on the site plan, 7 but I would say it is at least 50 feet off the property line separated by a significant amount of landscaping and an eight-foot fence. Mr. Coston: Okay, thank you. Mr. Weiner: Any other questions, Mr. Wall. Mr. Wall: This question is for Mr. Palmer, we see the land use out there right now, but it almost appears that the lot that is on the corner that is adjacent to Ms. Jimenez was formerly a gas station. I mean I could be wrong, but there is some historical buildings that the facility almost looks like it, may not have any bearing on this applicant but it is just of interest. It is kind of interesting that one time it may have been a gas station right there. Mr. Palmer could speak on that if he has any knowledge of it. I appreciate it. Mr. Palmer: Yeah, I do not recall what this is. As long as I have been going up and down Shore Drive it is been a car dealer, so, I am not exactly sure what predated that dealership. Mr. Weiner: All right, thank you, sir. Any other questions. All right, we are going to close this and Mr. Redmond. Mr. Redmond: Mr. Chairman. So, look these are two commercial properties in a commercial corridor that are very much unloved. If you go to page seven of the Staff report on this application, what you see is a very detailed, very well thought out site plan that would by any stretch of the imagination be a very substantial upgrade to the built environment and in a very appropriate place. Shore Drive is a big roadway. If gas stations and gas pumps and underground storage tanks were dangerous, we would have all dropped dead by now and all the people who work at them would have dropped dead by now. They are not inherently or intrinsically dangerous in any way and nor do they cause crime. So, I do not understand it very frankly 8 the assertion. This is by all accounts very appropriate and positive application. And, I am certainly going to support it unless anybody else has any comments, I am going to make a motion in just a minute. Mr. Weiner: Do I have any other comments. Mr. Coston: I have got one other comment. With the developers be adverse to maybe installing some bollards along those parking area next to the house. Mr. Weiner: We would have to ask Mr. Grady that information to that question. Mr. Palmer: We certainly would be willing to do that. Mr. Coston: Okay. Mr. Weiner: I would like to make a statement if I could. Probably two years ago we approved a 7-Eleven just like this half-a-mile from my house and it is in a residential neighborhood and the store, gas pumps everything else are just as close to the houses as they are here. It is being built right now as a matter of fact, and it is making the area look so much better than what it was there before. So, I personally like Mr. Redmond says I do not see a health hazard. They are a highly regulated, they have to be checked and Mr. Coston told us about during the informal about how the groundwater and everything else, alarms will go off if something happens. So, personally I am going to be in favor of this. Mr. Redmond. Mr. Redmond: Mr. Chairman, I move approval of the application. Mr. Wall: I have a couple of things before we. Mr. Redmond: Of course. Mr. Wall: I am not opposed necessarily either, I think that there probably should be something in the Zoning Ordinance that provides a buffer 9 between a use like a gas station, I think there are studies out there. So, I do not want to discount Ms. Jimenez's comments concerning health hazards or that it is people dropping dead. I think the long term effects upon an extra gas station here, there may be so I am not necessarily person to state one way or the other. But there are studies, I believe out there that she has reviewed and that are available. So, but she did bring up a good point that I think that the City should look into potentially revising or reviewing their ordinance concerning the location of fueling stations, next to residential properties. In this case, there is a buffer, aesthetics are very good and compatible with the Shore Drive Corridor. So, I am in favor of it for those reasons. Mr. Weiner: All right, sounds good. Mr. Coston, I have a question for you, instead of actually installing bollards in those locations, what about parking bumpers that go on the ground and when the wheels hit the cars will stop. You got a pretty long distance between those parking spaces and the wooden fence after the buffer goes in. If a car goes through that, I do not think bollards are not going to stop. Mr. Coston: Well, my thought process was that you can see that the actual parking spaces are what abuts to her house and that might give her some comfort at a minimal expense. Because a parked car, if you floor will jump that little bumper in front of the car, but the bollards are usually three feet deep maybe, and would give you a little bit more protection. But, I am going to support it. Mr. Weiner: Okay. Mr. Redmond, you made a motion that you want to amend anything on that motion. I 10 I Mr. Redmond: No. Obviously, he did not have to add this to a site plan and then I simply think that is a conversation that having had this conversation that seems to be the applicant can address that before City Council. Mr. Weiner: Okay. We have a motion, do we have a second. Mr. Coston: I second. Mr. Weiner: We have a motion by Mr. Redmond and a second by Mr. Coston. We are ready for the vote. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. 11 Ms. Oliver: Yes. Ms. Coleman: Vice Chair Wall. Mr. Wall: Yes. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Yes. Ms. Coleman: By recorded vote of 10 for and zero against Agenda Item 18 has been recommended for approval. Mr. Weiner: Okay. Want to back and try number 13 one more time. Ms. Smith: Could I interrupt you for one quick second just for some clarification. Mr. Weiner: Sure, you can. Ms. Smith: This is Carolyn Smith, was that with bollards to be placed parking spaces along that Southern property line, was that with that new condition or not. Mr. Weiner: No, that condition did not make it in there. Mr. Redmond: There was no new condition. The applicants is going to get to adjust things before City Council. Ms. Smith: Okay, thank you for that clarification. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE 12 I Wall AYE Weiner AYE CONDITIONS: 1. When the property is developed, it shall be in substantial conformance with the submitted concept plan entitled, "CUP Exhibit - 4493 Shore Dr, Virginia Beach, VA" ("CUP Exhibit"), prepared by Kimley-Horn, dated October 2020 January 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. When the property is developed, the exterior of the convenience store building and fuel canopy shall substantially adhere in appearance, size and materials to the elevations entitled, "Review Board Elevations - 7-Eleven Store #1048169, Shore Drive and Greenwell Road, Virginia Beach, VA 23120," prepared by Intrepide Design, dated October 12, 2020 and October 15, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. When the property is developed, the monument sign shall substantially adhere in appearance, size and materials to the elevations entitled, "SVE_1048169_Shore Dr Virginia Beach VA_R3," prepared by Harbinger, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set in a brick base, as noted in condition 3. c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. At the time of site plan review, a Landscape Plan that reflects the plant material depicted on the submitted CUP Exhibit, along with all applicable requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain approval prior to the issuance of a building permit. 6. The dumpster shall be enclosed with a solid brick wall in color and material to match the building and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. 13 7. All air pumps shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 8. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the rights-of-way as approved by the Planning Director. 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. 14 Hoa N. Dao From: Julissa Jimenez <jcristina33@hotmail.com> Sent: Monday, November 30, 2020 9:32 AM To: Hoa N. Dao; Hoa N. Dao Subject: Conditional Use Permit-4493 Shore Drive - Hearing December 9, 2020 Follow Up Flag: Follow up Flag Status: Flagged CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Pao & Planning Commission Board Members: I write this letter as a follow up to our phone conversation in regards to my concerns of the recent news that a 7-Eleven will be constructed next to our home. Though I understand the need to increase business on the company's behalf and having an empty lot ready for construction is a benefit, I know that the proposed building plan is not a benefit for my home site or my family. I share our major concerns as follows: 1. My house is located less than 50 feet from the proposed gas tanks and will put our life in high-risk danger 24/7. Per Virginia Law Chapter 18.145. gasoline pumps shall Not be located closer than 50 feet from any residential district, to ensures that sufficient room be provided on either side of the pumps without intruding upon sidewalks or on adjoining property. Recent survey said a gas station should be at least 300 feet (91.4 meters) away from any homes or daycares. 2. There are numerous chemical compounds that are harmful to human health released from gas stations during vehicle fueling and from underground storage tank vents. These compounds include: benzene, toluene, ethyl benzene, and xylene (BTEX). Measures to resolve adverse health effects from human exposure to chemical compounds are not clear. 3. Benzene is a known volatile carcinogenic chemical compound emitted from gasoline and harmful to human health. Adverse health effects of benzene include nausea, cancer, anemia, increased susceptibility to infections, and low birth weight. According to the World Health Organization Guidelines for Indoor Air Quality there is no safe level for benzene. The following research documents the extent of benzene releases from gas stations as well as adverse health effects: A 1993 study published by the Canadian petroleum industry found average benzene concentrations of 146 and 461 parts per billion (ppb) at the gas station property boundary in summer and winter, respectively a 2001 study noted median ambient benzene levels of 1.9 ppb in houses up to 328 feet from a service station. A 2003-2004 study conducted in France documented a significant relationship between childhood leukemia and living near a gas station. A 2010 study conducted in Spain documented elevated air pollution within 100 meters (328 feet) of a gas station. In 2012, Brazilian researcher found that air quality was significantly degraded up to 150 meters (492 feet) from gas stations. In 2005, the California Air Resources Board probably became the first in the U.S. to recommend a minimum public health safety zone between new gas stations and "sensitive land uses." The recommendation appeared in Air Quality and Land Use Handbook: A Community Health Perspective. The pre-2005 studies referenced above and other research prompted the Board to recommend a minimum 300-foot separation distance between new gas stations and "sensitive land uses such as residences, schools, daycare centers, playgrounds, or medical facilities." 4. The health and wellbeing of my family is a priority. My mother is 87 years old. I have taken all precautions to avoid her becoming infected with the Covid-19 for nine months. Now your gas station project will increase her exposure to pollutions that may affect her breathing and overall health at her age. 5. My husband has a heart condition and is on medication. In addition, he has been hospitalized twice due to breathing problems. This gas station poses a high risk to the medical improvements he has gained. 6. Among the many toxic health effects on a human body benzine is known to cause cancer and in our household, we have from young to elderly residents that can be affected. 7. Our further environmental concerns include the U.S. Environmental Protection Agency itself echoed concerns about the health risk associated with gas station emissions in their School/Resident Siting Guidelines. The USEPA recommended screening school/resident sites for potential health risk when located within 1 ,000 feet of a gas station. 8. An increased traffic problem. Noise from large truck or bus diesel engines, theft and vandalism documented at gas stations, this will take away our peace of mind. 9. Air pollution due to diesel engines idling for extended periods, paint vapors or dust emitted from body refinishing. The release of a variety of pollution materials that settle on parking lots. 10. Alcohol Sales & Crime : One of the concerns which often arises in regard to proposed convenience stores is the possibility of beer, wine, and other alcohol sales available 24/7. There are studies that indicate that allowing alcoholic beverages at a proposed convenience store will increase crime and other adverse health effects, especially if the store is open 24/7. There are studies indicated the presence of an off-sale, 24/7 establishment "may attract people at increased risk for involvement with violent crime." In another study, researchers concluded: "Children with an alcohol outlet on the route to school were more likely to be offered alcohol, tobacco, and other drugs as well as be exposed to drug selling and seeing people using drugs. 11. A couple of years back we lost a car due to a drunk driver hitting my car in my own driveway. He was arrested due to DUI at the site and my car was a total lost. It took us weeks to find a car to replace the lost one, not to mention the anxiety that this incident left in our family as were not able to sleep at night thinking that it could be worse or someone could hit our house while we are asleep. You are now bringing the possibility of violence to our doorstep on a daily basis. 12. Insurance specifications • High cost of insurance coverage for environmental pollution. Adverse environmental audit (may prevent sale of our property). And the list can go on. My family and I are hardworking people who chose this area, particularly this house, based on how safe it was while still meeting our needs. My sacrifices in buying this house has proven fruitful because my son, who graduated and is now serving the Hampton Road community at CHKD and my daughter is excellent student at Frank Cox HS (on the Principal list for 3rd year). Both of my children 2 are a result of an upbringing in a secure home, which now will be taken away if the gas station is permitted to be built right next-door. We are a happy family so I want to ask you to consider this before making any decision. Your approval to this project will take away what we have worked so hard for these last twelve years. As a resident of the City of Virginia Beach, I want to urge your consideration and NOT approve this development that is less than 50 feet from my home. It will put our health at high risk and take away our peace. The impact to our well-being will be severely negative. Before you make any decision, please ensure my husband and I who have worked so hard to give a safe and secure home to our children and elderly parent that your decision will not take away our health, sleep, peace, security and our quality of life especially for my 87 years old mom. I plead to you to ensure me that when you lock your doors at night to put your kids and put your head on the pillow in peace that my family can do the same. Thanks for your attention and consideration to this request, Jimenez-Thompson Family Phone 757-390-8095 3 a� u_ o �� I NI- NO le \ o � 3 0 o r o co I 0 N O I _t___ ,_ cop coo _ 0 ❑ .3 1c,3 o Jno- — i 4 11111, 0 � � � �Al ?a _40aN O ,_ Tr L 00 c m ti w U Q CL f/) O I >' Z O Q CL � I- t m o - ZI a a) O p ` 7 J Cl) Q. N CO d fos_ ygg7 CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: BRANT FELDMAN [Applicant & Property Owner] Conditional Use Permit (Outdoor Recreation Facility (Skateboard Ramp)) for the property located at 1708 River Court (GPIN 1499402453). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: February 16, 2021 • Background: The applicant is seeking a Conditional Use Permit for an Outdoor Recreation Facility (skateboard ramp) on a 1.82-acre parcel zoned R-40 Residential District. The applicant was unaware of the need for the Conditional Use Permit and has submitted this request in order to rectify the oversight. The skateboard ramp is used by the applicant's children. It is not open to the general public. The ramp is located north of the residence, 32 feet from the front property line, which does not meet the required 50 feet front yard setback. The applicant is seeking a deviation from this standard. The deck of the skateboard ramp is between four to six feet high with a four-foot high railing. The ramp is partially screened by existing vegetation. Additional evergreen plants are proposed to screen the ramp from the adjacent residence to the north. • Considerations: The ramp was constructed with sound attenuation installed on the underside of the skating deck and wood sheathing is installed at each end of the deck platform to reduce noise. In addition, the coping will be filled with spray foam and the ramp will be painted brown to blend with the surrounding environment. There is a six-foot privacy fence and additional plantings are proposed to screen the ramp from the adjacent residence to the north. A condition is also recommended that an annual review of the Conditional Use Permit be performed by the Planning Director to ensure compatibility with the neighborhood. The request to deviate from the required 50-foot front yard setback is acceptable. The existing dwelling was constructed 27.70 feet from the front property line. The reduced front yard setback of 32 feet for the ramp places it behind the front elevation of the home while keeping out of the 100-foot buffer of the Resource Protection Area, which is the most environmentally sensitive portion of the Chesapeake Bay watershed. Brant Feldman Page 2 of 3 At the Planning Commission public hearing the applicant requested that Conditions 6 & 7 be deleted. These conditions were recommended by Staff for safety measures and a means for noise mitigation. Similar requests have the same conditions applied to them. The Commission concurs with the applicant and removes Conditions 6 & 7 that are identified below with strikethrough text. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. A letter of concern was received from an adjacent property owner noting concern to noise and request for conditions to be added to limit the hours of use of the ramp and for adult supervision while the ramp is being used. • Recommendation: On January 13, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. 1. The skateboard ramp structure shall be located no closer than 32 feet from the front property line as depicted on the exhibit entitled, "Conceptual Site Plan of 1708 River Court Virginia Beach, VA," by Orbis Landscape Architecture, dated September 24, 2020. This location is a deviation to the fifty-foot setback required by the Zoning Ordinance. 2. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized on the construction of the ramp: (a) the underside of the skating deck shall be insulated; (b) wood sheathing shall be installed at each end of the deck platform; and (c)the coping shall be filled with spray foam. 3. The skateboard ramp shall not be open to the general public nor shall it operate for profit. 4. Within ninety (90) days of City Council action, the applicant shall file all necessary permits with the City for review and approval for the skateboard ramp structure. 5. The use of the skateboard ramp shall be limited to the hours between 10:00 a.m. to dusk, daily. 6. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 7. I 8. Subject to Section 221(k) of the Zoning Ordinance, an annual review of the Outdoor Recreation Facility Conditional Use Permit, based on the date of City Council approval, shall be performed by the Planning Director or his designee to assure that the use does not conflict with any adjacent land uses. Brant Feldman Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Concern (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval with the deletion of Conditions 6 and 7. Submitting Department/Agency: Planning Department R7 City Manager: ti Applicant & Property Owner Brant Feldman Agenda Item Planning Commission Public Hearing January 13, 2021 City Council Election District Lynnhaven 17 Virginia Beach Request Conditional Use Permit (Outdoor Recreation _I' Facility (Skateboard Ramp)) " Staff Recommendation Approval t Staff Planner —N, �1 Hoa N. Dao Location 1708 River Court GPIN 1499402453 Shaehaven Drive Site Size 1.82 acres tyn'0E'el/ AICUZeieN Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District :s Single-family dwelling/R-40 Residential Surrounding Land Uses and Zoning Districts North Single-family . Single-family dwelling /R-40 Residential South Single-family dwelling/ R-40 Residential East 1.1 River Court Single-family dwelling/ R-40 Residential West Lynnhaven Bay Brant Feldman Agenda Item 17 Page 1 Background & Summary of Proposal • The applicant seeks a Conditional Use Permit for an Outdoor Recreation Facility(Skateboard Ramp) on a 1.82-acre parcel zoned R-40 Residential District. • The applicant was unaware of the need for the Conditional Use Permit and has submitted this request in order to rectify the oversight. The skateboard ramp is used by the applicant's children. It is not open to the general public. • The deck of the skateboard ramp is between four to six feet high with a four-foot high railing. The ramp is partially screened by existing vegetation. Additional evergreen plants are proposed to screen the ramp from the adjacent residence to the north. • The submitted plan depicts the ramp 32 feet from the front property line. As the required front yard setback in the R-40 Residential District is 50 feet,the applicant is seeking a deviation to this standard. I R-40 / '• C) . % v J // No Zoning History to Report 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 an Outdoor Recreation Facility for a skateboard ramp for the applicant's personal use, in Staff's opinion, is acceptable. The ramp was constructed with sound attenuation installed on the underside of the skating deck and wood sheathing is installed at each end of the deck platform to reduce noise. In addition,the coping will be filled with spray foam and the ramp will be painted brown to blend with the surrounding environment.There is existing vegetation that screens the ramp from the right-of-way and additional plantings are proposed to screen the ramp from the adjacent residence.There is a six-foot privacy fence that provides additional screening of the ramp to the adjacent residence to the north. Staff recommends that an annual review of the Conditional Use Permit be performed per Section 221(k) of the Zoning Ordinance to ensure compatibility with the neighborhood. The review will include a determination of whether the Outdoor Recreation Facility remains an acceptable use and that a continuation of the use poses no detrimental impact to public health, safety,and welfare. Brant Feldman Agenda Item 17 Page 2 The applicant's request to deviate from the required 50-foot front yard setback is acceptable. The existing dwelling was constructed 27.70 feet from the front property line. The reduced front yard setback of 32 feet for the ramp places it behind the front elevation of the home while keeping out of the 100-foot buffer of the Resource Protection Area, which is the most environmentally sensitive portion of the Chesapeake Bay watershed. Based on these considerations, Staff recommends approval of this request,subject to the conditions listed below. Recommended Conditions 1. The skateboard ramp structure shall be located no closer than 32 feet from the front property line as depicted on the exhibit entitled, "Conceptual Site Plan of 1708 River Court Virginia Beach,VA," by Orbis Landscape Architecture, dated September 24, 2020. This location is a deviation to the fifty-foot setback required by the Zoning Ordinance. 2. To reduce the level of sound emanating from the ramp when in use,the following shall be utilized on the construction of the ramp: (a) the underside of the skating deck shall be insulated; (b) wood sheathing shall be installed at each end of the deck platform; and (c)the coping shall be filled with spray foam. 3. The skateboard ramp shall not be open to the general public nor shall it operate for profit. 4. Within ninety(90) days of City Council action, the applicant shall file all necessary permits with the City for review and approval for the skateboard ramp structure. 5. The use of the skateboard ramp shall be limited to the hours between 10:00 a.m.to dusk, daily. 6. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 7. At least one adult shall be outside the house and present when the ramp is in use. 8. Subject to Section 221(k) of the Zoning Ordinance, an annual review of the Outdoor Recreation Facility Conditional Use Permit, based on the date of City Council approval, shall be performed by the Planning Director or his designee to assure that the use does not conflict with any adjacent land uses. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being 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 Brant Feldman Agenda Item 17 Page 3 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. There does not appear to be any significant natural or cultural impacts associated with the proposed project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—10 ADT River Court No Data Available Proposed Land Use 3—10 ADT 1 Average Daily Trips 2 as defined by a single-family 3 as defined by a single-family °LOS=Level of Service dwelling dwelling with a skateboard ramp Master Transportation Plan (MTP) and Capital Improvement Program (CIP) River Court in the vicinity of this application is considered a two-lane undivided local street. There are no roadway CIP projects slated for this area. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • One letter of concern has been received by Staff noting concerns related to noise and request to limit the hours of use of the ramp and for adult supervision while the ramp is being used. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on December 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 27, 2020 and January 3, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 28, 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 January 7, 2021. Brant Feldman Agenda Item 17 Page 4 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 2021. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 1, 2021 • 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 February 12, 2021. Brant Feldman Agenda Item 17 Page 5 Proposed Site Layout I,�— .43 —\ "� N� EA6IERN r"Of LAY RNEIt ��\�i� \ _-_,---- . ‘1, 1 14 I \ X I I \.: s \______/5. Ailliik - ,___., 1\5,-4. � so SEAK"'°EAf„„ N" _,.0.5d.' 1 LA,,,,,,,,,,m,,, Imo ‘\ / IWONs —\_ —— \ / \ \\\\,\ ‘ r / I �i --/ i—STORY‘ ‘'kZIMI—jik4001011Citt ' \�\�\\\\ /> A)LARGE EVER£+8ih i ;1 ,4,41110‘ 4 55. 1 \ON 77E 7'' RIVER GOLRT NA1tlAAL IiDIM RAY Brant Feldman Agenda Item 17 Page 6 Site Photos , - • . 4,.' ,.i.;'...4,....,2? • *.-'I -...s.,-.,, • •. '1, ,. 0 ,- ..;.• . . .. • ,..,.-7-4e"-.- " •7" -...- -;,,, . , , • . .. . • . 'PI" . ..1 .. :.•,.... -:. 3-4 , • . .,-. • , -.--4- .4 *, e- ,_. . .. f. i '°. 4,;iiit °,' . • t.„ t t .. * -. - ,-..... ''' ' -- 34,, '',,',,',,-.AY. 'cl,'''' .• ,tr• !!!1111..... t ii • - -— it.. ."..- .7.4 . ... -- -• - , -' ...... •-• . -....... . . . ..,.-- - .....0 ...40.-i-e,k,... -* tt. - • A 11- '1.•:'' r,,' - .1 ,• ...-, -sf, ' ''',.' i''•'r.* . . , • .r- • '4': ; 11•• . • + .. - ...4 .„ ,.'S••. - "I •. Z;., ..'' .• .,• .••• =- 411;1.4, . `'•At,' r ; ,-; t.-", t.''. 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' •'•i,1,-; .•;-, f t-.'- 4',1' ,-1.i, - .: . -4,r; '4fr .,-- -t•-:-, ,A-f ..--•- : ' 4 •-, • #iat• -.: • - -? --. , Brant Feldman 1 Agenda Item 17 Page 7 Disclosure Statement Disclosure Statement N/13 Cvy of Virginia Beach Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Brant Feldman Does the applicant have a representative? in Yes 0 No • If yes,list the name of the representative. Owner will represent. Orbis will assist. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 Brant Feldman Agenda Item 17 Page 8 Disclosure Statement Disclosure Statement City of Virginia Balch Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes IE No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralizatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes MINo • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm or individual providing the service, 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? Yes D No • If yes,identify the firm or individual providing the service. Orbis(c/o Nathan Lahy)-Landscape Architect/Planner 5. Is there any other pending or proposed purchaser of the subject property?❑Yes • NO • If yes,identify the purchaser and purchaser's service providers. 2I Brant Feldman Agenda Item 17 Page 9 Disclosure Statement Disclosure Statement NA3 Cuy of Virgin.gao, Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes IN No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes MI No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate, I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicantrp Signature (/ JJ � 4.44t�LeGT.NLG.IL Print Name and Title Brant Feldman Date September 26,2020 Is the applicant also the owner of the subject property? ■Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of Date 01.28.2021 slgniture #411, Print Name Hoe N.Dao 31 Brant Feldman Agenda Item 17 Page 10 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Brant Feldman 4 Agenda Item 17 Page 11 I Items # 17 Brant Feldman [Applicant & Property Owner] Conditional Use Permit (Outdoor Recreation Facility) 1708 River Court January 13, 2021 RECOMMENDED FOR APPROVAL- HEARD - CONDITIONS MODIFIED Mr. Dao: The next item for consideration is item 17, the application of Brant Feldman for a Conditional Use Permit for Outdoor Recreational Facility. The property is located 1708 River Court in Lynnhaven District, the applicant's representative is Mr. Leslie Watson. Mr. Watson, you have up to 10 minutes. Please give the Staff a minute to unmute your microphone before you make your comments. I think Mr. Watson is not available, would you like me to call on the next speaker who is also applicant representative on the application. Mr. Weiner: You are on item 18, correct. Mr. Dao: Number 17. Mr. Weiner: I am sorry 17, okay. That is fine, if they are available. Mr. Dao: Mr. Nathan Lahy. Mr. Lahy please state your name for the record and begin your comments. Mr. Lahy: Yeah, this is Nathan Lahy. There is some corrections here, Leslie Watson was representing on States Court which was approved through the Consent Agenda. Mr. Brant Feldman is actually on this call, he will be representing himself on this project and I will stand by to answer any questions that may come up about the regarding specifics. 1 Mr. Dao: Thank you for that clarification. Mr. Brant Feldman, please start by saying your name and start your comments. Mr. Feldman: Good afternoon, this is Brant Feldman I am joined with my wife Carrie Feldman. We appreciate the opportunity to speak with you today and first I want to apologize that this is coming before the Planning Commission after the ramp was already constructed and I was unaware that permit was required and I recognize it ignorance is no excuse of the law, so I want to apologize. Second, point, I wanted to bring up immediately, was that we are certainly willing to accept the Staff recommendations and conditions in order to have approval for the ramp. There were a couple of conditions that we were simply hoping that the Commission would consider possibly changing, given some extenuating circumstances, so, I will hit those quickly. The first that I wanted to bring up is item number six, which is a chain will be secured across the ramp when the ramp in not in use so that ramp cannot be used. When we bought this home as you can see it had a seven-foot security fence, all the way around the property and the property is all the way down at the end of River Court, and we get no traffic down here, the ramp has been up for I want to say probably in excess of four months and we have never had anybody come down to this end of the Court. And, the only reason why I had any objection, but a thought on it was just the chain banging against the skate light can tend to damage the ramp and also having it on there, I think the kids with a chain out there was another thought. So, just given the position of the house and the security fence around it, we just felt that it was unnecessary but again it is something that the Commission feels very strongly about we would certainly accept. And, the one that we may have a little bit more concern about what was item number seven, it says at least 2 one adult will be outside the house and present when the ramp is in use. We really did not understand the full purpose of this condition, we bring our children to prior to building this to all the other skate ramps, the City of Virginia Beach, we would bring into that skate ramp and there is no requirement an adult be there. There is no adult supervision at Virginia Beach Mt. Trashmore. There is a ramp located at WRV and one at Coastal Edge, and both of them are proceed its own risk. There is no adults out there, there is no adults, and there are people just drop their children off. And, so, we felt maybe that this one, we did not really understand why we had to stand outside. The only thought was it was something for safety, but we require our kids to wear safety equipment when they use it. And, one of our kids falling on the ramp while standing outside is not going to prevent them from falling. So, we did rather than have us stand out, than we would treat this ramp similar to how we treat our swimming pool and our trampoline, there is always an adult present at the house when the kids are using these things. So, in the event if there is an emergency or something that we can respond, so, we were either having out one item number seven either remove or potentially amended just to say to have an adult home while the ramp was in use. That concludes our comments. Thank you very much for consideration. Mr. Weiner: Thank you, sir. Any questions for Mr. Feldman. No questions. Okay. Any more speakers. Mr. Dao: Those the only speakers we have for this item. Mr. Weiner: That is all the speakers we have. All right, we are going to close it and open it up for discussion and this would go to Mr. Graham. 3 Mr. Graham: So, Staff recommended approval with the conditions, and correct me if I am wrong, the applicants now willing to accept all the conditions. Mr. Weiner: He is, but the item number six and number seven not in there, the chain over the ramp it is not there, and an adult outside while the ramp is in use. Mr. Graham: Yeah, I think the chain on the ramp should be there to prevent kids that aren't welcome from skating there. The adult outside I don't Iknow that is necessary. That is just my opinion, but we did receive some opposition, I received a letter from a neighbor, which I saw just i earlier this morning, where I guess there is foul langue being used out there, which kind of makes you wonder if an adult does need to be there. So, I guess I am torn a little bit, I think it is great that the kids have something to do. There is a lot worse things they could be doing. So, I just a little torn on this. Dee, you received the email as well. Ms. Oliver: Yeah, I did and that is sort of flagged this a little bit and that they were complaining about the amount of noise. And, really it was the foul language that was really a concern of hers, which I can appreciate that nobody wants to be out there in yard and have to listen to that all day, however, long she is listening to it. So, she requested, I was trying to look and read the letter, was the hours or adult supervision while being used. So, I do not think, I am not worried about her home values as much as I just general being outside and having to listen to bunch of foul language. But, maybe the applicant can. Did you close this David, that just curious as to, I do not know that is my problem with it. Mr. Weiner: I did close, would you like to ask some questions to the applicant. 4 Ms. Oliver: I would be curious to find out just how much this is used and do they have a problem with that. I am little torn on this with as Whitney is. Mr. Weiner: Mr. Feldman are you still available. Mr. Feldman: This is Brant Feldman, I am still available. Mr. Weiner: Ms. Oliver has a question for you. Ms. Oliver: I do not know if you could hear me or not, but we got a letter in about the skateboard and the amount of foul language that is being used and how loud it is, and what a disruption it is to a neighbor of yours. Mr. Feldman: Yes, Ma'am, that was the first we have heard of any foul language, that was never brought to our attention, obviously. We have two young boys 11 and 13, and I do not tolerate that type of language with my children. So, I will certainly speak to them about and ensure that when we are using the ramp that they are being courteous or not being loud and certainly not cursing. When we learned that there was some objection to the ramp, we immediately took additional measures to work with our neighbor again things we do, we filled the coping with foam and I spent another $1,000 to have end caps covered, because that reduces the noise, we had insulation put underneath it. We told them there are concerns or some of the sound when they like to sit outside at sunset. We are good neighbors, we said, hey if you are ever outside and this ramp is bothering you, call us, we'll pull our kids inside. Because the ramp is not used that frequently, when we first brought it my son used it probably every day for two weeks, I would say he's been on it once in the past 30 days. And, so my younger son is not a skateboarder, so, this my oldest son is 13. In the summer time, I am sure it is going to be used for a couple of days a week until they are tired of it. But, I will certainly ensure that and my wife as well they are not being loud 5 or cursing. As I have said, we want to good neighbors to all our neighbors and if they are having concerns by all means, we will address it. If there are times they are outside and they do not want the ramp being used, we are happy to work with them. Ms. Oliver: Right, thank you. Mr. Feldman: Yes, Ma'am. Mr. Weiner: Mr. Wall. Mr. Wall: I have got a question for Mr. Feldman. So, can I see the location of the ramp on the property. Oftentimes people push their use of these to the property line. Can you speak to the siting and placement of the ramp. Mr. Feldman: Yes, sir. There is a large open area next to our house, and as you can see it kind of where we put it, there is a driveway there. It was basically placed in an area where it was not encroaching on the setback line, and we did not want it too close to our neighbors and the site was mostly chosen because it was a flat area. The ramp is about 16 feet wide and requires a level ground, so, honestly the site was chosen just because that was the flattest portion of that area. In terms of its stand off from the fence, and I think Nathan who may be able to comment on that distance from the fence, I do not have the exact measurements in front of me. Mr. Wall: Okay, thanks. Mr. Weiner: Ms. Klein, do you have any question. Ms. Klein: I have a comment, not so much for Mr. Feldman, but for the group. With 11 and 13 year old boys I am surprised to hear that suddenly language is an issue. You think that either is or is not, if they have a pool and a trampoline they are likely outside pretty frequently with or 6 without friends. So, I am surprised to hear that all of a sudden there is a language issue. I also think that speaks to the neighborliness the fact that he seems to have gone out of his way to alleviate some of the noise with the expensive additions that he has made to the ramp itself to reduce the impact on his neighbors. Mr. Weiner: Thank you, Ms. Klein. Mr. Tajan, do you have something. Mr. Tajan: This to Mr. Wall's question, the siting of the ramp also is in that location because it is outside of the 100 foot Chesapeake Bay Preservation Area buffer, where they would need to obtain another variance from the CDPA Board if it were located closer to the water essentially. So, it is in the location that is environmentally better although it does require a waiver of that setback. Mr. Weiner: Any other comments. Mr. Horsley: Mr. Chairman, this is Don. Mr. Weiner: I am sorry Don. Mr. Horsley go ahead. Mr. Horsley: Did the applicant say that he was not in agreement with condition number six, a chain to secure the ramp? Mr. Weiner: That is correct. Item number six and item number 7. Mr. Horsley: Was he concerned about safety issue with a chain there, possibly could not get unhooked before kids used it and trip the kid up or something, is that the reason he was. I mean I do not want to require something that is not safe thing to require. Is that the reason he did not like that. Mr. Weiner: Mr. Horsley, he said it was sliding the chain back and forth around the over the ramp that could damage it in time to come. Like you are saying, I personally I am not in favor of the chain, either. That is my opinion. 7 Mr. Horsley: Yeah, the safety thing for the youngsters it looks to me like if it was left up for some odd reason and kids started skating and that thing tripped them up, it could hurt them or other things in such. I would be in favor of eliminating number six myself, but anyway. Thank you. Mr. Weiner: Thank you, sir. Mr. Graham. Mr. Graham: I agree with everything. And, if it was a swimming pool there or something else or basketball court you are going to have the same type of language. These kids have something to do to, it's keeping them busy. I am okay with removing the condition for the chain and for the adult supervision, and I would like to make a motion that we approve the application. I recommend approval. Mr. Inman: I will second. Mr. Weiner: Do we have a second. Okay. So, a motion for approval by Mr. Graham with eliminating item six and item number seven in the conditions and a second by Mr. Inman. We are ready for the vote. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. 8 Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: Vice Chairman Wall. Mr. Wall: Yes. Ms. Coleman: Chairman Weiner. Mr. Weiner: Yes. Ms. Coleman: By recorded vote of 10 for and zero against Agenda Item number 17 has been recommended approval. With the removal of condition number six and seven. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 9 CONDITIONS: 1. The skateboard ramp structure shall be located no closer than 32 feet from the front property line as depicted on the exhibit entitled, "Conceptual Site Plan of 1708 River Court Virginia Beach, VA," by Orbis Landscape Architecture, dated September 24, 2020. This location is a deviation to the fifty-foot setback required by the Zoning Ordinance. 2. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized on the construction of the ramp: (a) the underside of the skating deck shall be insulated; (b) wood sheathing shall be installed at each end of the deck platform; and (c) the coping shall be filled with spray foam. 3. The skateboard ramp shall not be open to the general public nor shall it operate for profit. 4. Within ninety (90) days of City Council action, the applicant shall file all necessary permits with the City for review and approval for the skateboard ramp structure. 5. The use of the skateboard ramp shall be limited to the hours between 10:00 a.m. to dusk, daily. 6. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 7. At least one adult shall be outside the house and present when the ramp is in use. 8. Subject to Section 221 (k) of the Zoning Ordinance, an annual review of the Outdoor Recreation Facility Conditional Use Permit, based on the date of City Council approval, shall be performed by the Planning Director or his designee to assure that the use does not conflict with any adjacent land uses. 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. 10 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. 11 Hoa N. Dao From: pam smith <pamsmithphoto@gmail.com> Sent: Wednesday, January 13, 2021 9:58 AM To: Hoa N. Dao Subject: cup @1708 river court question Follow Up Flag: Follow up Flag Status: Completed CAU i ION.This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Mr. Dao, Please forgive my lateness in this question as I know the discussion is already underway. I work 10 hr shifts at the hospital with covid patients and time has completely escaped me until last night when I realized the hearing was today. I have concerns about the already built skateboard ramp that has been installed directly next to my property.The first and main concern being the noise level. Our property is located in a very quiet neighborhood on a quiet dead-end street. The serenity of the water views and peacefulness is what brought us here. While I definitely do not wish to have any hard feelings with my neighbors, I do value my time in my yard gardening and just enjoying a cookout or a glass of wine watching the sunset. If this ramp is allowed to be kept in place, I wish to propose hours of use and adult supervision while being used, as I have personally witnessed extreme language while the skateboard ramp has been used. Thank you, Pamela Smith 1720 river court 1 Hoa N. Dao From: pam smith <pamsmithphoto@gmail.com> Sent: Wednesday, January 13, 2021 10:10 AM To: Hoa N. Dao Subject: cup 1708 river court CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you I recognize the sender and know the content is safe. Mr Dao, Also have concerns about home value if I am to sell my home...as skate ramps of this size are not usually allowed in neighborhoods. Especially with high value homes. I hope you receive these emails in time for discussion. Thank you again, Pamela Smith 1 I Q sp at (.11 / 119/ 1 -- ------- 4 14, 0rui. pir4r 4 *NW- LT 0 03 10 .1 W.IE i N tcri, • 0 ior* 8 Ce* h * ' ipt ice oM� O f Isr NI. %.,4 ,.,, „ 4.4* /Iey✓0 #4nt _ 0 0 0 slor i ,9, ,, 11 aft1 • cc w ***I '.,I 4\ r ' co 0 I . ti71) */ p V • #1*l Q' I i W° , ._S/ie/*k till,. p 1141 W-ci o , 2 sw/ i e:lit*Arce 1& - 1 0 / --Is! 4" - fis . 1Mg 0 Z _ ZI airww, 111! i 2) .rz 1;1 li /jr a (n d N o E I 1f1 �.^Sv�' w �'C7 �'u S) CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: JANICE HART [Applicant & Property Owner] Conditional Use Permit(Home- Based Wildlife Rehabilitation Facility) for the property located at 1203 Gunn Hall Drive (GPIN 24154187331203). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: February 16, 2021 • Background: This application is a request for a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to provide care for wildlife on a 18,092 square foot parcel located in the Gunn Hall Manor neighborhood. The applicant desires to provide care for juvenile wildlife such as opossums, flying squirrels, squirrels, rabbits, and raccoons. According to the applicant, initially care for the animals will occur inside the single-family dwelling. Two to three weeks prior to transfer to the applicant's sponsor, Evelyn's Wildlife Refuge in Suffolk, Virginia, the animals will be relocated outside into one of the cages in order to acclimate to the outdoors. Ultimately, the care is provided before the animals' release to their natural habitat. • Considerations: The applicant is aware and concurs with the provisions set forth in Section 242.3 of the Zoning Ordinance related to Home-Based Wildlife Rehabilitation Facility, including that no animals are permitted to be released on site. In addition, the cages will have a double door to ensure that the animals are securely contained. Subsequent to an approval by the City Council, the Virginia Department of Game & Inland Fisheries license can be renewed on an annual basis. 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 three letters of support from adjacent property owners on Gunn Hall Drive. Five letters of opposition were provided, three of which were from the same property owner. Concerns raised in the correspondence included the potential for increase in noise, potential harm of children and domestic animals in the neighborhood, adverse impacts on home values, releasing of animals on the site, and overall desirability of use within the neighborhood. There was one speaker in opposition at the Planning Commission public hearing who indicated concerns about the close proximity of the use to residents, possible increase of predatory animals to the area, and possible escape of animals into the neighborhood. Janice Hart Page 2 of 2 • Recommendation: On January 13, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. 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 of Game & Inland Fisheries. 3. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 4. The applicant shall maintain the existing six-foot high privacy fence such that all activity associated with the Home-Based Wildlife Rehabilitation Facility Center and the pre-release facility are screened from view from the right-of- way and all adjacent properties. 5. No animals shall be released at the subject site or within the neighborhood. 6. The pre-release cage depicted on the site layout shall be equipped with a double door system for the protection of the handler and the mammals prior to occupancy by any mammals. 7. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 8. Animal waste shall be removed daily in a lawful manner. 9. All animals shall be properly and humanely contained either in the dwelling unit or within the pre-release 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 Letters of Support (3) Letters of Opposition (5, 3 from same property owner) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1900, Applicant& Property Owner Janice Hart Agenda Item Planning Commission Public Hearing January 13, 2021 City Council Election District Princess Anne 6 Virginia Beach Request Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) Staff Recommendation m 4streS4 s Approval s4� o �, m s a o Staff Planner �% 0 W o„ Marchelle Coleman r s ! ive ation 3 Gunn Hall Dr r ' o . c.54187331203 P � e Site Size r vr. , 18,092 square feet `°�.oiir4 AICUZ 9% • 4. 70-75 dB DNL \l ��'v�,'h"oy /- A 40 Watershed 7 Southern Rivers Existing Land Use and Zoning District - ; . ., m 41 Duplex/R-5D Residential _ / i ,# / 7 Surrounding Land Uses and Zoning Districts `., -7 , '�->- / itp North i� .;` Gunn Hall Drive .^ `ar, Semi-detached dwellings/R-5D Residential °'1P� it . ,it- South � ` Single-family dwellings/R-5D Residential East - �4 4 Gunn Hall Drive at ;,- '' Duplex/R-5D Residential � "` t West Duplex/R-5D Residential s _v. � .* " 'I i Janice Hart Agenda Item 6 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to care for infant mammals on an 18,092 square foot parcel zoned R-5D Residential District in the Gunn Hall Manor neighborhood. • The applicant desires to provide care for juvenile wildlife such as opossums,flying squirrels, squirrels, rabbits and raccoons. According to the application,the mammals will be rehabilitated indoors within cages that are set up solely for their care to comply with the permit requirements of the Virginia Department of Game and Inland Fisheries (VDGIF).The applicant has applied for a Category I Permit,which is categorized as an apprentice whose work is performed under the supervision and guidance of a sponsoring Category II Permit Holder. The applicant works closely with Evelyn's Wildlife Refuge in Suffolk, Virginia. • The primary goal is to care for these mammals until they are ready to return to their natural habitat. • Care for the animals will occur both inside one unit of the duplex as well as within the applicant's fully enclosed backyard. Two to three weeks prior to the animal's release,the animals will be relocated to one of the outdoor enclosures in order to acclimate and will not be released at the site. The outdoor enclosures will meet the required five-foot rear and side yard setbacks, as required by the Zoning Ordinance. • Animals will not be left outside unsupervised or overnight and will remain in their indoor enclosures until their final release location is determined by the VDGIF. • Animals are referred from the applicant's mentor who receives the wildlife from Animal Control, veterinarian offices, local Virginia residents,the VDGIF, and other rescue organizations. Animals in need of rehabilitation are transported to the site by vehicle between the hours of 7:00 a.m. and 10:00 p.m., and after rehabilitation,the animals are again transferred by vehicle to the Evelyn's Wildlife Refuge in Suffolk,Virginia where they are released into their natural habitat.As noted above, no animals will be released on the site or in the neighborhood. AG-2 O (. '.4/ti G"'"Jf;-;,-- I �( �� ,,� ` Zoning History ��/ �,� �\, # Request / 1 LUP(Ocean Lakes)Approved 02/07/1986 ', / m Rao Ale : , ',. 41,4 Pilijilf101"-- 4./47 ,7. ..; Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR Short Term Rental Janice Hart Agenda Item 6 Page 2 Evaluation & Recommendation The proposed Conditional Use Permit for a Home-Based Wildlife 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 the surrounding uses. The proposed wildlife rehabilitation facility is in keeping with these principles, as the existing solid,six-foot height privacy fence provides sufficient screening and buffering for the adjacent properties. During the site visit,Staff found the property to be very organized and well-kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. No records of violation through Animal Control were found. The applicant is aware of the standards outlined in Section 242.3 of the City Zoning Ordinance 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 of Game& Inland Fisheries. 3. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 4. The applicant shall maintain the existing six-foot high privacy fence such that all activity associated with the Home- Based Wildlife Rehabilitation Facility Center and the pre-release facility are screened from view from the right-of- way and all adjacent properties. 5. No animals shall be released at the subject site or within the neighborhood. 6. The pre-release cage depicted on the site layout shall be equipped with a double door system for the protection of the handler and the mammals prior to occupancy by any mammals. 7. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 8. Animal waste shall be removed daily in a lawful manner. 9. All animals shall be properly and humanely contained either in the dwelling unit or within the pre-release 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. 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. Janice Hart Agenda Item 6 Page 3 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. Janice Hart Agenda Item 6 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. Janice Hart Agenda Item 6 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 Gunn Hall Drive No Data Available Existing Land Use 1-10 ADT Proposed Land Use 2-10 ADT 'as defined by a single-family 2 as defined by a single-family dwelling dwelling with home-based wildlife rehab Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Gunn Hall 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 The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant reported that they sent letters to the surrounding property owners to inform them of this request. 3 letters of support and 2 letters of opposition have been received by Staff noting concerns related to potential harm to children and other domestic animals in the neighborhood, adverse impacts on home values, and overall desirability of the neighborhood. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on December 14, 2020. Janice Hart Agenda Item 6 Page 6 • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 27, 2020 and January 3, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 28, 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 January 7, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 1, 2021. • 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 February 12, 2021. Janice Hart Agenda Item 6 Page 7 Proposed Site Layout MS 6 10 coon 1'-P1 ON riomatA is,20i,.Pf SIANECD PE PI OVI►S1Ki.aI a bb rw I D 14,41 DI PIPPTPl1 IPAS Or I1UC11) PS P6 201503I200077ma o NC M'MLLS Or DE BAa4ICS NE AS 51Cr*Oil M6 PIAI Ti( MJIDNCS SING NION nit sre Pe1%vr1 LIES NC 11 X AK NO.C*2 DCINV MICXS Cl OTIO RIDS CS Ok DE gfaIr' CCM AS 5P01141 Note. Ni 000100 44 PIA'OOIPSSTS Or La;4 area a NtSioi esciN or ton r. ' 1 L'iH dF a ROOK T,LOISa!S,tax'$•No I tOIS I-.MOM�•.OM1-HILL AN* �J.l • w / sEcv.O.E PLN Atone N NB Al.K. ' lit MCf• 27 N DE aIr(5 amx Or M Moon -MUM R P TOuM)— toc.uto o now own woo. II '1 1i 1:2C 4 to-1e ' • 4, o tar-ae Stsoe+Aa+Or (0 B 2650,P RS) / S UPS 000*MPIS Coon 2415 41 7531 MSC OW RCM:1100 t IDe 14M P 21e0-2'V). 1 -» GM 7e15 II 1540 '' ..pp (f��� �00. 2150. - N iJW O.II jt N a.Jz3 So'r I - _IT NV AN IAnMa Nt}p-M6a X.�3' I sisr Nati J K mopI N DI0■R N) n' M MMMI w NMI uI.1 urI_ 1• R !gQ►iw La[ • B R Pr0[ I e I'_ •• CO ee MIC .t iAt Proposed Outdoor • • .a000 of motam GUOVIARGAL o Enclosure MK 4An�.earn 4C AP(01010miC I *MO'DU LOT-9 •. • Existing Outdoor Enclosure 1 1 W 0 '` TNu� KosGM2415-41-7231 \NA n 3 IC '�.CoNc It! N Pc- j7) iso ed^" c VI .. 6 ft.Tall le X.'±- goo Wood Fence `t, N is tr a _ .vca ow , IAN� Ow R'�at O tt rAC ism Duplex won ours `' Dwelling 14. Unit tea i .a. . tKco.xftunions*cs rex u ,on rN J/) `4\r-Burn' ' `f• _- wow MAW pi Iwr>lo,Mq n I ` ra�•� • "- s 6T2S'so•E aoaa'(O) itt .) OLR W HALL DRIVE rm.vol bus ea, PC $2) (LB dZ PC. (7) Janice Hart Agenda Item 6 Page 8 Site Photos ar Ov lir Ad. K N. F 1 / / ..~ �••Y. f.% h. ) 4. I - . \• lt i ''''' 11 jo �\ nu 4 es di ` a / // + Janice Hart Agenda Item 6 Page 9 Site Photos ' 1-. 1,- , ,:;,f- --•:13. fi,:i‘,. /.,.., :-.-.. ...7,,,f,F, '''.;...ii.11. ' 4*.,' ;#1-: 0. ,-.i,*-.1 t:' ., , •.*:,, . /s. 7. ;,... ,„;,,.- ....- ,MI by,-:-.•-,.. .. . _ 400.... Ilf-Val 1 '''"*.f..11. ' 1,Z .J. 1 :..; / . P 1• ? 1 ,•',i I ill A ' N.. .. . 011.11.1. : ,,, I • --1 ,.. II k .. • .1.1 I i .„,„ .., iiii, ,, I .,.. -7 '-ii'ii.,,1 11111 .... . , i•*••-• '44s-, ....• -...,.. , , '''''-....I )a , ... ami../ 1 ..... Milk. . Janice Hart Agenda Item 6 Page 10 Disclosure Statement Disclosure Statement N/13 coy of Vutrtuu Bead: Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Janice Hart Does the applicant have a representative? ❑Yes • No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I Janice Hart Agenda Item 6 Page 11 Disclosure Statement Disclosure Statement \/13 rbofVmN„&th ._ Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I NO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Janice Hart Agenda Item 6 Page 12 Disclosure Statement Disclosure StatementVf3 �r Nsrwn lezdt Planning&Community Development 6 Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 11 No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the engineer/surveyor/agent 8 Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the name of the attorney or firm providing legal services Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting ni Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Sig lure Print Natty and hue Janke Hart•owner and applicant 10/10/2020 Date lathe applicant also the owner of the subject property? •Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two I?)weeks pri;r to any Planning Comm ssinn and City Council meeting that pertains to the applications El Nocha .,nt. a,of Wt• 1/26/2021 s "'"'" PrirNnae _ I Marchelle L. Coleman _ 3lPage Janice Hart Agenda Item 6 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Janice Hart Agenda Item 6 Page 14 Item # 6 Janice Hart [Applicant & Property Owner] Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) 1203 Gunn Hall Drive January 13, 2021 RECOMMENDED FOR APPROVAL — HEARD Mr. Dao: Mr. Chair, we have seven items on today's Regular Agenda. The first item on the agenda is item six. The application of Janice Hart, for a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility located at 1203 Gunn Hall Drive in the Princess Anne District. The applicant is Janice Hart. Janice Hart, please wait for your mic to be unmuted and then you can make your comments. Ms. Hart: Hi, yes. I am Janice Hart, I live at 1203 Gunn Hall Drive. I am asking for a Conditional Use Permit to be able to do wildlife rehabbing in my house for infant and baby wildlife. I am a licensed Category 4, applying for a Category 1 once I get my Conditional Use Permit. I am sorry. I am sponsored by Evelyn's Wildlife Refuge. The animals will be housed inside my house. I am currently a registered nurse of 38 years. So, this is a passion of mine to do to help the wildlife. They will be inside my house, I do care for them there and they will be cared for inside my house. I do have a fenced yard on the backside. I do have a six-foot easement in the back. I do have a six- foot fence as you can see there. I do have a couple of cages that the animals will go out at the end there to get used to the outside and then they will go to Suffolk to Evelyn's Wildlife Refuge. They will not be released at my property here in Virginia Beach, they will go out to Suffolk. Mr. Weiner: Okay, Ms. Hart thank you very much. Please stand by. I think we have one speaker, if I am not mistaken, one speaker. 1 Mr. Dao: Yes, sir. We have a speaker signed up, Mr. Travis Ronnie. Mr. Travis you have three minutes to make your comments please wait to be unmuted before you make your comments. Mr. Travis: Yes. Good morning, everyone. My concerns with this permit, so my property is adjoining property next to Ms. Hart. My concerns, first one would be with increase of infant baby mammals, occupying her backyard. The concern would be for an increase of predatory animals such as hawks, snakes, raccoons, opossums that may have could be lowered into the area. And, secondarily would be if a mammal were to escape the property. It would then enter the community or the neighborhood and those were my two concerns. Just based on the letter I received in the mail is very vague, not a whole lot of details. So, this meeting really brought a lot more information. So, those are my two concerns with this permit. Thank you. Mr. Weiner: Okay, thank you sir, does anybody have any questions. Ms. Hart, do you have any comments that you would like to make. Ms. Hart: Yes, I do. I have posted out on my signs since I posted the sign 30 days ago that I had a letter inside there that anybody could contact me with any questions that they may have and I had a brief description of what they may have. I believe he lives, two doors down for me, and I did not hear from him. I will have opossums and squirrels which are natural habitats of our area anyway. If they did get released they are natural wildlife in our area, so, they would not be any harm to any of our animals. I do have a couple dogs myself, so, they would not be any harm to animals in the area, they are natural wildlife in our area. Mr. Weiner: Okay. Thank you. Does anybody have any questions for Ms. Hart. Okay, thank you ma'am. Mr. Horsley: Mr. Chairman, this is Don. 2 Mr. Weiner: Yes sir, go ahead Mr. Horsley. Mr. Horsley: I had a question for Ms. Hart, I think if I heard her right, she keeps the animals in her home until they are ready to go outside just prior to taking them to be released, is this correct? Ms. Hart: Yes, that is correct, they will be inside my house and then the last two weeks before they are ready to be released, they go outside into a cage so that they can become acclimated to the environment. Mr. Horsley: How often do you have animals outside? Are they out there all the time? Ms. Hart: Currently, I have none there since I am not doing it yet, but at places that I have worked it is typically like two or three times a year, at the times before they are getting released. Mr. Horsley: The total number if you were full, how many animals do you think you would have? Ms. Hart: It would vary, I mean opossums we could have maybe five to 10, but they would be in varying times and squirrels depending on storms there, so it would vary, but I mean, I would not take over my capacity. There are many other wildlife rehabbers that we share and transfer in between if any of us are loaded. Mr. Horsley: I think that concern of some people is that in the small area the area that you live the homes are so close together and to put this in the middle of a residential area where everybody is so close may be some concern there. Ms. Hart: Yeah, I believe my other neighbor, that is on the other side I think that she is. Brittany Bookout, she is at 1201, she is on my other side, my direct neighbor. Mr. Horsley: Is she in support? 3 Ms. Hart: Yeah, she is in support. Mr. Horsley: I do not have any more questions, Mr. Chairman. Mr. Weiner: Thank you Mr. Horsley. Okay, does anybody else have any questions first. Mr. Wall: I have a question. Mr. Weiner: Okay. Mr. Wall: Ms. Hart can you describe the cage, in which they are going to be placed in the exterior enclosure. Ms. Hart: The pictures that are up there are ones that I am going to get. I mean it is kind of hard with Virginia Beach because until you are approved for a Conditional Use Permit, it is kind of hard to invest in getting a cage. They are quite expensive because they run between $300 and $400, so, I have not purchased one as of yet, but the pictures there are ones that I am looking into getting there and they are quite good and well-built there so. Can you see the pictures that are up there? Mr. Wall: I can see them yeah, yeah that is great. Thank you. Mr. Weiner: Okay. Anybody else. Thank you, Ms. Hart. Okay, we will close this to the public and open it up amongst ourselves, Mr. Horsley and Ms. Klein. Ms. Klein: So, we have approved several of these in the year that I have been here, are we aware of any issues that other home-based facilities have encountered. This is probably a better question for Planning Staff. Once we approve them, is there are there ongoing violations or concerns about their safety. Mr. Wall: We will have to defer that to Mr. Kemp. 4 Mr. Kemp: Yes, we have not had any recent issues with home-based wildlife rehab. In fact, if I can remember the last one was, it was a raccoon rehab out near the Oceanfront. That was the last issue and that was probably five or so years ago. So, a lot of issues come up before Planning Commission. You are hearing problems that might be but as far as official zoning complaints coming in through us and investigations, they are few and far between. Mr. Weiner: Sounds good. Mr. Horsley. Mr. Horsley: Yes, Mr. Chairman, I have never really understood that people have such a passion for this, but there are a lot of people who have a passion to do this and we have approved many of them over the years and like Mr. Kemp says I do not think we get reports of any of the problems that have arisen from the approval. So, with that said, I recommend that we approve the application. Mr. Weiner: Sounds good. Do we have a second. Ms. Klein: Second. Mr. Weiner: Okay. Mr. Horsley and Ms. Klein has made a second. We are ready for the vote. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. 5 Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: Vice Chair Wall. Mr. Wall: Yes. Ms. Coleman: Chairman Weiner. Mr. Weiner: Yes. Ms. Coleman: By a recorded vote of 10 for and 0 against agenda item six has been recommended for approval. 6 AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 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 of Game & Inland Fisheries. 3. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 4. The applicant shall maintain the existing six-foot high privacy fence such that all activity associated with the Home-Based Wildlife Rehabilitation Facility Center and the pre-release facility are screened from view from the right-of-way and all adjacent properties. 5. No animals shall be released at the subject site or within the neighborhood. 6. The pre-release cage depicted on the site layout shall be equipped with a double door system for the protection of the handler and the mammals prior to occupancy by any mammals. 7. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 8. Animal waste shall be removed daily in a lawful manner. 9. All animals shall be properly and humanely contained either in the dwelling unit or within the pre-release 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. 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 7 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. 8 August 24, 2020 To whom it may concern: This letter is about the Conditional Use Permit application of Janice Hart. She resides at 1203 Gunn Hall Drive, Virginia Beach, VA 23454. She is applying for a permit to allow her to rehab small animals in her home until such time that these animals are mature enough to be released back into the wild. As the resident/owner of icZalC» N UU L Nkker Virginia Beach, VA 23454, my signature indicatest at ( do not have any concerns with her rehabbing at the aoc address or the location of the outside enclosures. Printed Name:1YQLLL 03,5 Signature: ,O August 24, 2020 To whom it may concern: This letter is about the Conditional Use Permit application of Janice Hart. She resides at 1203 Gunn Hall Drive, Virginia Beach, VA 23454. She is applying for a permit to allow her to rehab small animals in her home until such time that these animals are mature enough to be released back iMt° the wild. As the resident/owner of 1201 Gunn Hall Drive, Virginia Beach, VA 23454, my signature indicates that I do not have any concerns with her rehabbing at the above address or the Location of the outside enclosures. Printed Name: Brandon and Brittany Bookout Signature:,/ • August 24, 2020 To whom it may concern: This letter is about the Conditional Use Permit application of Janice Hart. She resides at 1203 Gunn Halt Drive, Virginia Beach, VA 23454. She is applying for a permit to allow her to rehab small animals in her home until such time that these animals are mature enough to be released back into the wild. As the resident/owner of Pug_ C-tufln t-!oll Dc-, Virginia Beach, VA 23454, my signature indicates that I do not have any concerns with her rehabbing at the above address or the location of the outside enclosures. Printed Name: I.D CLv 0' f Signature: A- Qakal--- - September 23, 2020 From: Ryan M. Brownell, 1207 Gunn Hall Dr., Virginia Beach, VA 23454 To: Bill Landfair, Planning Commission Via: Jonathan Sanders, Planning & Community Development Subject: Opposition to Conditional Use Permit at 1203 Gunn Hall Dr, Virginia Beach, VA 23454 Mr. Landfair: I own the property located at 1207 Gunn Hall Dr., Virginia Beach, Virginia 23454 which is 2 doors down from Janice Hart, who intends to apply for a Conditional Use Permit with the City of Virginia Beach to maintain a wildlife rehabilitation facility in her home located at 1203 Gunn Hall Dr. While I appreciate her desire to rehabilitate wild animals, I object and do not support the granting of a conditional use permit for such purpose. I believe granting the permit exposes children, adults, dogs, cats, and other domestic neighborhood animals to the possibility of interacting or being unduly distracted by the presence of wild animals in the neighborhood. This is supported by evidence that there was a racoon found across the street from 1203 Gunn Hall Dr., on 9/23/20, in which VB Animal Control was called to investigate. Additionally, as a densely populated residential street, I do not believe it is a location conducive to rehabilitating wildlife. The existence of wild animals, however well-tended they may be, can have adverse impact on home and rental values, and the overall desirability of the neighborhood. Gunn Hall Drive is a small street of condominiums with young families and children that deserve the preservation of the zoning that was in place when they purchased their properties. I believe granting a conditional use permit compromises that value. I am also an animal lover, and I applaud Ms. Hart's efforts, but I do not believe Gunn Hall Drive is an appropriate location to rehabilitate wild animals. I can be reached via phone at 540-845-2002 or via email at rbrownell717@gmail.com. I appreciate your time and consideration of my input. Sincerely, Ryan M. Brownell From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW: Home-base Wildlife Rehab Facility Gunn Hall Drive Date: Tuesday,January 12,2021 4:28:27 PM From: P Doss<paula.l.dossPgmail.com> Sent:Tuesday,January 12, 2021 4:20 PM To: Hoa N. Dao<HDaoPvbgov.com> Subject: Home-base Wildlife Rehab Facility Gunn Hall Drive CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, I am responding to a letter received in regards to a conditional use permit(home-base wildlife rehabilitation facility) at 1203 Gunn Hall Drive GPIN211541873. Per your letter you were letting me know that Ms.Janice Hart(property owner and applicant) requested to temporarily care for orphaned baby mammals until released at an appropriate location off-site. My only concern is will there be issues with noise disturbances, particularly at night.Thank you Kind regards, Paula Doss c� September 17,2020 Janice, Thanks very much for your letter.As a fellow animal lover,I truly appreciate your efforts to rehabilitate wild animals.Unfortunately,I have some concerns regarding their presence on our densely populated residential street,and I object to the issuance of this conditional use permit. I fear the presence of wild animals on the property may cause disruptions with domestic animals on the street and negatively impact property values. Please feel free to call or text me with any questions. Sincerely, Chris Campbell 484-467-7830 September 17, 2020 From:Chris Campbell, 1205 Gunn Hall Dr,Virginia Beach, VA 23454 To: Bill Landfair, Planning Commission Via:Jonathan Sanders, Planning&Community Development Subject:Opposition to Conditional Use Permit at 1203 Gunn Hall Dr, Virginia Beach,VA 23454 Mr. Landfair: I own the property located at 1205 Gunn Hall Drive,Virginia Beach,Virginia 23454 which shares a common fence with my neighbor,Janice Hart, who notified me she is applying for a Conditional Use Permit with the City of Virginia Beach to maintain a wildlife rehabilitation facility in her home.While I appreciate her desire to rehabilitate wild animals, I object and do not support the granting of a conditional use permit for such purpose. I believe granting the permit exposes children,adults, dogs, cats, and other domestic neighborhood animals to the possibility of interacting or being unduly distracted by the presence of wild animals in the neighborhood. Additionally,as a densely populated residential street, I do not believe it is a location conducive to rehabilitating wildlife.The existence of wild animals, however well-tended they may be can have adverse impact on home and rental values,and the overall desirability of the neighborhood.Gunn Hall Drive is a small street of condominiums with young families and children that deserve the preservation of the zoning that was in place when they purchased their properties. I believe granting a conditional use permit compromises that value. I am also an animal lover,and I applaud Ms. Hart's efforts, but I do not believe Gunn Hall Drive, is an appropriate location to rehabilitate wild animals. Since I do not understand how the permitting process works, can you advise what action will be taken and how I will be notified of a determination in this matter?I can be reached via phone at 484-467-7830 or via email at crcampbell36@gmail.com I appreciate your time and consideration of my input. Sincerely, Chris Campbell qi September 17,2020 To whom it may concern, This letter is regarding Janice Hart's Conditional Use Permit for her residence located at 1203 Gunn Hall Drive,Virginia Beach,VA 23454.The purpose of her application is to obtain permission to rehabilitate wildlife in her home,until they are mature enough to release into the wild. As the owner of 1205 Gunn Hall Drive,Virginia Beach,VA 23454 my signature below indicates that I have concerns regarding this permit,and I do not support issuance of a Conditional Use Permit. Printed Name:C '/3 `-fT74�� Z Signature: _`Y � !mou -t 00-r LAW t; LIT co0 Q1\ 0 in a �' D,1ft 4 ' %milco co ` 0..,. J u o O .* 41/•;'----- (11 �(ji, 0 +� O 17 O CV p `• 0 00oo �0 /,C 0 o ��*//14%.1.....r.s. 0 c CO • o po p0 0 0 ����� o p 0 '�� �o11/1. O D 0 0 8 I . • ®. . Q o p x 0 0 O p C� o `� o B 0 p �� Q o 0 p p/ N o 0 o Q a p p 0 ,�� N� o : 88 �- U O ® ` o dmom \‘ _\- *) ICX ‹o � v ° n ',:o 1 / V+ c O V % . is' ' 'o , ',."( 1‘03 ' . ' .% -'''''''' 0:1) 0 E Tr r7— - ellti- ft 1/4 O a� W� KNez� n v = M4► �p �s DP- -- Maly / O NN;:, , -1■14 CV -Mr .fie wig /4.* ii; • ---`woe N w U \ Q I 4 \ in • N Q9 o rn - i I C �+ rn c I a • I' N ° ° o J • o � , N v'l 4 ., - 0 ' 0 it.3. N N � Q ft 1J (.� Sl i5 ii :`.,``wvJ' CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: HOME DEPOT, U.S.A., INC [Applicant & Property Owner] Conditional Use Permits (Bulk Storage Yard, Truck &Trailer Rentals)for the property located at 2324 Elson Green Avenue (GPIN 2414159035). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: February 16, 2021 • Background: The applicant is requesting two Conditional Use Permits, one for a Bulk Storage Yard and one for Truck and Trailer Rentals. The 11.8-acre parcel is developed with a 130,184 square foot building that is occupied by Home Depot in the Red Mill i Commons Shopping Center. According to the applicant, this location has the highest grossing sales of mulch in the country for the company. The outdoor storage and rental area will occupy 169 of the available 659 parking spaces in order to store mulch, sheds, small construction equipment, and truck and trailer for rentals. The remaining parking spaces meet the parking requirement. The applicant seeks to deviate from the landscaping and screening requirements of Section 228 and 242.2 of the Zoning Ordinance. Specifically, a deviation to these storage areas are requested for: (1) no perimeter fencing on the western side of the building; (2) no perimeter fencing or landscaping on the eastern side of the Garden Center; (3) and for partial fencing with a chain-link fence with opaque screening for the mulch storage area at the front parking lot. The existing and proposed planting along the entrance driveway from Elson Green Avenue and along Newstead Drive will screen the storage and rental equipment areas from public rights-of-way. • Considerations: The proposals are consistent with the goals set forth in the Comprehensive Plan for the Suburban Area, as the seasonal sales of mulch, truck and trailer rentals, and small construction equipment rental services provide a convenient and valuable service to the community and contribute to the sustainability of great neighborhoods by offering necessary goods and services. These types of operations are common for big box home improvement stores throughout the City. In Staff's view and the Planning Commission concur, the deviations to the landscaping and screening are minimal and the storage areas can be appropriately screened. The deviations will not negatively impact surrounding properties, particularly residential homes west of the site along Newstead Drive. A condition Home Depot U.S.A., Inc Page 2 of 2 is recommended that the stacking of the outdoor storage materials not be taller than the plant material or fence. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On January 13, 2021, the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 10-0. 1 . The location of the outdoor storage areas, and the trucks and trailers and construction equipment rentals shall be limited to the areas depicted on the submitted plan entitled, "THD #4643 TRC Prepare For The Home Depot," prepared by Kimley Horn and Associates, Inc., dated November 16, 2020, (Site Layout Plan) which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable Building and Fire Codes. 2. The outdoor storage areas shall be fenced and screened as depicted on the Site Layout Plan and submitted plan entitled, "Concept B," which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. This is a deviation to the perimeter fencing and landscaping required by the Zoning Ordinance. 3. The mulch shall not be stored outdoor more than five months per calendar year. 4. There shall be no signage installed within the area, on the fence, or immediately adjacent to the area other than professionally prepared traffic control signs. 5. The outdoor storage materials shall not be stacked higher than the installed hedgerow and/or fence screening. 6. The proposed landscape depicted on the submitted Site Layout Plan shall be installed and maintained for the duration of the use. • 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 'l�i City Manager: "\B Applicant & Owner Home Depot, U.S.A., Inc Agenda Items Planning Commission Public Hearing January 13, 2021 14 & City Council Election District Princess Anne Virginia Beach 15 Requests #14- Conditional Use Permit (Bulk Storage Yard) 71,,Fs.\., iiiii0 -- #15- Conditional Use Permit (Truck&Trailer ` Rentals) i r_ irtSilt Staff Recommendation -411 . y Si. Approval /1". . lk . Staff Planner Ir �, Hoa N. Dao III0. �r , 1 I ria Location �° / A : 2324 Elson Green Avenue gay,$ `� ' ` G ^. GPIN / qa . _ • I 2414159035 v q ' i L Site Size K 11.8 acres 1. too.' y►�' AICUZ f 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District Retail/ B-2 Community Business , ir i° Surrounding Land Uses and Zoning Districts df *- North • •4 Mixed retail /B-2 Community Business , M. 7 'f South '. Princess Anne Road & Elson Green Avenue ,g Undeveloped land, mixed retail/ B-2 Community Business `` East - 1. Religious use/R-20 Residential .F West Newstead Drive Retail/ B-2 Community Business Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 1 Background & Summary of Proposal • The 11.8-acre parcel is zoned B-2 Community Business District in the Red Mill Commons Shopping Center. The property is developed with a 130,184 square foot building that is occupied by Home Depot. • The applicant is requesting two Conditional Use Permits, one for a Bulk Storage Yard and one for Truck and Trailer Rentals.The proposals will occupy 169 of the available 659 parking spaces in order to store mulch,sheds, small construction equipment (backhoes, stump grinders,skid steer, aerial equipment, light tower, dump trailer, trencher), and truck and trailer for rentals.The remaining 490 parking spaces do meet the parking requirement for the large home improvement retail building. According to the applicant,this location has the highest grossing sales of mulch in the country for the company. • Sections 228 and 242.2 of the Zoning Ordinance require that the area for bulk storage and vehicle storage be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height,with plants along the exterior of the fence.The applicant is requesting a deviation to the required fencing and landscaping through the provisions of Section 221(i)of the Zoning Ordinance.The submitted plan depicts the truck and trailer and small construction equipment rental area along the western side of the building. The lumber will also be stored in this area.The mulch storage areas are proposed on the eastern side of the Garden Center along with a parking lot to provide both convenience and ease of access for customers to pull-up vehicles and load the mulch. The mulch storage area will be partially enclosed by a chain-link fence with opaque screening and will be on a seasonal basis that typically lasts four months in the Spring.The storage of the sheds, construction equipment, and rental trucks is proposed to be year-round. Specifically, a deviation to these storage areas are requested for: (1) no perimeter fencing on the western side of the building; (2) no perimeter fencing or landscaping on the eastern side of the Garden Center; (3) and for partial fencing with a chain-link fence with opaque screening for the mulch storage area at the front parking lot. • There are existing berm, mature trees, and tall hedgerows along Elson Green Avenue, Newstead Drive, and Princess Anne Road. Additional shrub and evergreen trees will be installed along the entrance driveway from Elson Green Avenue and along Newstead Drive that will screen the storage and rental equipment areas from public rights-of- way. Zoning History # Request L__Qco 1 CUP(Tattoo Parlor)Approved 05/07/2019 2 CUP(Bulk Storage Yard)Approved 08/21/2018 a CUP(Bulk Storage Yard)Approved 09/20/2016 ;.3 j `' MOD(Modification of Conditions)Approved 08/12/2008 -10 ' � CUP(Bulk Storage)Approved 08/05/2003 R-20• / yt' CUP(Automobile Service Station)Approved 11/14/2000 ��'•., 3 CUP(Automobile Repair Garage)Approved 02/07/2017 -f� CUP(Automobile Service Station)Approved 10/11/1995 a. �/ ;� , r� -. �LJ 4 CUP(Tattoo Parlor)Approved 12/06/2016 /� E, ^�-� /// � �` (7/ �° 5 CRZ(AG-1&AG-2 Agricultural to Conditional 0-2 Office) G f Approved 02/12/2013 e_2 ) R 6 MOD(Modification of Conditions)Approved 04/27/2010 \\ ` 1r nCUP(Outdoor Market)Approved 05/26/2009 7 CUP(Home Occupation)Approved 10/11/1995 8 LUP(AG-1 Agricultural to Conditional R-20 Residential Acr, with PD-H2 Overlay)Approved 08/22/2006 9 REZ(R-20 Residential to AG-2 Agricultural)Approved 11/27/2001 Application Types Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 2 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 requests for a Bulk Storage Yard to seasonally store mulch and lumber and for Truck and Trailer Rental for small construction equipment services are, in Staff's opinion, acceptable. The proposals are consistent with the goals set forth in the Comprehensive Plan for the Suburban Area, as the seasonal sales of mulch,truck and trailer rentals, and small construction equipment rental services provide a convenient and valuable service to the community and contribute to the sustainability of great neighborhoods by offering necessary goods and services. These types of operations are common for big box home improvement stores throughout the City. The applicant is requesting a deviation to the required fencing and landscaping through the provisions of Section 221(i) of the Zoning Ordinance,which allows City Council to grant deviations if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." In Staff's view,the deviations (as described above) are minimal and the storage areas can be appropriately screened.The deviations will not negatively impact surrounding properties, particularly residential homes west of the site along Newstead Drive. To mitigate any potential impacts, a condition is recommended that the stacking of the outdoor storage materials not be taller than the plant material or fence. Staff concludes that the proposed deviations to this requirement are acceptable. Based on the considerations described, Staff recommends approval of these requests,subject to the conditions listed below. Recommended Conditions 1. The location of the outdoor storage areas, and the trucks and trailers and construction equipment rentals shall be limited to the areas depicted on the submitted plan entitled, "THD#4643 TRC Prepare For The Home Depot," prepared by Kimley Horn and Associates, Inc., dated November 16, 2020, (Site Layout Plan)which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable Building and Fire Codes. 2. The outdoor storage areas shall be fenced and screened as depicted on the Site Layout Plan and submitted plan entitled, "Concept B," which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. This is a deviation to the perimeter fencing and landscaping required by the Zoning Ordinance. 3. The mulch shall not be stored outdoor more than five months per calendar year. 4. There shall be no signage installed within the area, on the fence, or immediately adjacent to the area other than professionally prepared traffic control signs. 5. The outdoor storage materials shall not be stacked higher than the installed hedgerow and/or fence screening. 6. The proposed landscape depicted on the submitted Site Layout Plan shall be installed and maintained for the duration of the use. 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 Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 3 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 recognizes this property as being within the 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 neighbors 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 within the Southern Rivers watershed. As the site is almost entirely impervious, there are no significant environmental or cultural features on the property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 17,400 ADT' 15,000 ADT 1(LOS 2"D") Elson Green Avenue 4,950 ADT' 20,700 ADT 1(LOS 2"D") No change anticipated Newstead Drive 2,700 ADT' 9,900 ADT 1(LOS 2"D") '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 two-lane undivided minor suburban arterial. The existing infrastructure currently resides in a variable width right-of-way. The MTP proposes up to a four-lane facility using a Princess Anne Commons/Transition Area typical section within an unspecified right-of-way width. Elson Green Avenue in the vicinity of this application is considered a three/four-lane undivided local collector. The existing infrastructure currently resides in a variable width right-of-way. It is not included in the MTP. Newstead Drive in the vicinity of this application is considered a two-lane undivided local collector. It is not included in the MTP. There is a roadway CIP project under construction immediately adjacent to this site. Princess Anne Road Phase VII (CIP 2-195) is for the construction of a four-lane divided roadway with a bike path within a 143-foot right-of-way from General Booth Boulevard to Fisher Arch. These limits include the intersections at General Booth Boulevard, Elson Green Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 4 Avenue, and Upton Drive/Sandbridge Road. Construction is scheduled to be completed in March 2021. The capacity for Princess Anne Road will be 31,000 ADT after the roadway project is completed. 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 December 14, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, December 27, 2020 and January 3, 2021. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 28, 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 January 7, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 1, 2021 • 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 February 12, 2021. Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 5 Proposed Site Layout Plan ,r - i N c:Jlt . ..,--,... 1..... if/ , r,:'-- tap,. _.,, 4 4 Gq - R kr *.t). , ' - 41%11- '-: ,off/ , a ` ` ipsi...\ � . 2 � • , ,.... a 1 i r 2 �� `� /jam \I!' lip \ Aiiii 4...‘..._ . ...v.,_ - - _-_ �..� •- GREEN P /_ '{' - t`SON i PROPOSED SEASONAL SALES STORAGE AREA ® PROPOSED SHED& PALLET DISPLAY AREA PROPOSED TRUCK&TRAILER DISPLAY AREA PROPOSED SHRUB HEDGEROW& EVERGREEN TREE PROPOSED EQUIPMENT RENTALS AREA .......• EXISTING SHRUB HEDGEROW PROPOSED OUTDOOR STORAGE AREA PROPOSED OUTDOOR DISPLAY AREA Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 6 Proposed Fence Screening VOSM 'VXXXXJd)GFNHiA2 IEX II1 CONCEPT B Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 7 Site Photos },: #rY, ...-...' woo • is - , .. _ r T. ..10i •'` aka. � / �` •= — _ q Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 8 Site Photos ' 1U�a 4 - 0 ':fix -, __,.,.__ . --itt y .. . ....... , , aw,7,..;,...,..•• j -mom ,..i..1E�` f , Ill e r. - . i k .Y.k 111E 4.ti� r'7 yt7 ,. ---:-4!` .zi. 4: s. ;a. r.,4 i' a�:"' y,.....-:';',.....Zr.... r+A'et• 'a.', 7"r"'. 44 . ii.'-,. :. --,- , . '.•,..•I tt, ` 4�/`` fir'i . '. ,� Ali �" \\ ., ,��'l g/ ` ,; , L -� 1 w -_, ask t h �® r n Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 9 Disclosure Statement \l-B APPLICANT'S NAME Home Depot USA, Inc 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: I Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative 1 Economic Development Nonconforming Use i Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Ap eals _ Certificate of Floodplaln Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement — 1 Chesapeake Bay Preservation Area i I 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. 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 meetin.that;attains to the application(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: ® NO CHANGES AS OF DATF . 01.28.2021 ii` REVISIONS SUBMITTED DATE. i Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 10 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. (^I Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Home Depot USA, Inc. 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) CRAIG MENEAR, CEO/PRESIDENT;TERESA WYNN ROSEBOROUGH, EVP/GC/S; STACY S INGRAM,ASST SEC;ANN-MARIE CAMPBELL, EVP; MATTHEW A CAREY, EVP (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 jf property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. IXI 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:Home Depot USA,Inc. If an LLC, list the member's names: Page 2 of 7 Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) CRAIG MENEAR,CEO/PRESIDENT TERESA WYNN ROSEBOROUGH, EVP/GC/S STACY S INGRAM,ASST SEC ANN-MARIE CAMPBELL, EVP; MATTHEW A CAREY, EVP (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 Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 12 Disclosure Statement "f\i/3 APPLICANT Virginia Beach YES rNo SERVICE [ PROVIDER(use additional sheets if needed) nV Accounting and/or preparer of your tax return XI 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 I^I purchaser of the subject property /\' (identify purchaser(s)and purchaser's service providers) X Construction Contractors X `Engineers/Surveyors/Agents Kimley-Hom Associates,Inc. Financing(include current mortgage holders and lenders LJ selected or being considered to provide financing for acquisition or construction of the property) I1 n 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 — I^ 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 Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 13 Disclosure Statement �t. 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. -;r- 5 Suzanne Russo 03/18/202C APPLICANT SIGNATURE PRIN1 NAMF DATE Page 5 of 7 Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 14 Disclosure Statement DELEGATION OF AUTHORITY I,Teresa Wynn Roseborough,Executive Vice President,General Counsel and Corporate Secretary of The Home Depot,Inc.(the"Company")and its wholly owned subsidiary,Home Depot U.S.A.,Inc.,do hereby designate each Vice President and Deputy General Counsel and each of Michael A. Dalton,Jessica Borgert and Suzanne Russo,as my designees and authorize each of them acting either alone or together to execute and deliver,or cause to be executed and delivered,any and all contracts,assignments,easements,conveyances,deeds,leases,subleases, agreements,certificates,instruments,or any other documents on behalf of the Company and each of its direct and indirect subsidiaries related to real property owned or leased or to be acquired or leased by the Company or its direct and indirect subsidiaries(the"Documents")and to take,or cause to be taken,any and all actions in connection therewith as such individual or individuals may consider necessary or desirable,with such necessity or desirability being conclusively evidenced by the actions so taken. Further, I hereby ratify and approve all previous actions taken with respect to the execution and delivery of such Documents in the name of and on behalf of the Company and its direct and indirect subsidiaries. IN WITNESS WHEREOF,I have hereunto set my hand this I- day of fel,ruaN , 2018. Teresa Wynn Ros borou Executive Vice President,General Counsel and Corporate Secretary Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Home Depot, U.S.A., Inc Agenda Items 14& 15 Page 16 Items # 14 & 15 Home Depot, U.S.A., Inc. [Applicant & Property Owner] Conditional Use Permits (Bulk Storage Yard & Truck & Trailer Rentals) 2324 Elson Green Avenue January 13, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Our next order of business is the Consent Agenda, which the Vice Chair will take over. Mr. Wall: Okay, thank you Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Application number 1, 4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with an amended condition or with an added condition concerning forested buffer. The Planning Commission also 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 supports the applications, and there are no speakers signed up to comment. These include agenda items number 21, 23, 25, 26, and 27. Mr. Weiner: Thank you Commissioner Wall. Can I get a motion to approve the items on consent, please. Mr. Wall: I make a motion that these items be approved by consent. Ms. Klein: Second. 1 Mr. Weiner: Okay. I got a approval by Commissioner Wall and a second by Ms. Klein, ready for vote. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: Vice Chair Wall. Mr. Wall: Yes. Ms. Coleman: And, Chairman Weiner. 2 Mr. Weiner: Yes. Ms. Coleman: By record vote of 10 for and zero against, agenda items 1,4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with the added condition for the 20- foot buffer. 21, 23, 25, 26, and 27 have been approved on the Consent Agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. The location of the outdoor storage areas, and the trucks and trailers and construction equipment rentals shall be limited to the areas depicted on the submitted plan entitled, "THD #4643 TRC Prepare For The Home Depot" prepared by Kimley Horn and Associates, Inc., dated November 16, 2020, (Site Layout Plan) which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable Building and Fire Codes. 2. The outdoor storage areas shall be fenced and screened as depicted on the Site Layout Plan and submitted plan entitled, "Concept B," which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. This is a deviation to the perimeter fencing and landscaping required by the Zoning Ordinance. 3. The mulch shall not be stored outdoor more than five months per calendar year. 3 4. There shall be no signage installed within the area, on the fence, or immediately adjacent to the area other than professionally prepared traffic control signs. 5. The outdoor storage materials shall not be stacked higher than the installed hedgerow and/or fence screening. 6. The proposed landscape depicted on the submitted Site Layout Plan shall be installed and maintained for the duration of the use. 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 (OPTED) concepts and strategies as they pertain to this site. 4 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO ADOPT AND INCORPORATE INTO THE VIRGINIA BEACH COMPREHENSIVE PLAN THE VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN 2021 WHICH WILL SUPERSEDE THE VIRGINIA BEACH BIKEWAYS AND TRAILS PLAN 2011 AND TO AMEND SECTION 2.1 (MASTER TRANSPORTATION PLAN) AND TEXT PERTAINING TO ACTIVE TRANSPORTATION. MEETING DATE: February 16, 2021 • Background: Much has changed in transportation planning and implementation since the 2011 adoption by the City Council of the Bikeways and Trails Plan. This Plan has evolved into the draft Virginia Beach Active Transportation Plan 2021 that addresses future active mobility accommodations, micro-mobility and multi-modal transportation with accommodation for shared mobility, enhanced curbside treatments, dedicated multi-use zones for the pedestrian, bicycles and other mobility devices which serves an overall increased community desire for an active mobile lifestyle. This newly titled plan will supersede the bikeways and trails component of the Comprehensive Plan and has been drafted to analyze existing land use and facilities, and to propose additional network and infrastructure for pedestrians and bicycles. Led by the Department of Parks and Recreation, the planning process to create the Active Transportation Plan began in 2017 with public input. A formal stakeholder group consisting of the City Council-appointed Bikeways and Trails Advisory Committee (BTAC), along with more than 50 Staff members and local and regional participants developed a framework of priorities. A public survey was conducted in the Summer of 2019 with over 1,400 respondents which informed the establishment of the goals and objectives of the Plan. • Considerations: With support from BTAC, the Active Transportation Plan is one component of the transportation policies within the Comprehensive Plan, focusing on pedestrian and bicycle networks and how those networks interact and should be planned with other modes of transportation. The Plan places an emphasis on safety, inclusivity, and equitability through the provision of bicycle, pedestrian, and micro-mobility infrastructure and serves as a framework for identifying and selecting active transportation projects in the Capital Improvements Program. City of Virginia Beach —Active Transportation Plan Page 2 of 2 The draft of the Active Transportation Plan can be viewed in its entirety on-line at https://www.vbgov.com/government/departments/parks-recreation/design- development-projects/Pages/bikeways-trails-plan.aspx. Attached is also the brief Staff Report and the proposed changes to the Comprehensive Plan. There is no known opposition to this request. • Recommendation: On January 13, 2021, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission ' recommends Approval. L1 Submitting Department/Agency: Parks and Recreation Department, Planning, Design Iand Development Division City Manager: ���1 41`' I I 1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN THE 3 VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN 2021 4 WHICH WILL SUPERSEDE THE VIRGINIA BEACH 5 BIKEWAYS AND TRAILS PLAN 2011 AND TO AMEND 6 SECTION 2.1 (MASTER TRANSPORTATION PLAN) AND 7 TEXT PERTAINING TO ACTIVE TRANSPORTATION. 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; and 11 12 WHEREAS, the Bikeways and Trails Plan 2011, has been revised and updated 13 as the Active Transportation Plan 2021, after extensive stakeholder and citizen input. 14 The Bikeways and Trails Advisory Committee has spent considerable effort and time 15 since 2017 to update the former plan; and 16 17 WHEREAS, the Planning Commission recommended approval on January 13, 18 2021. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 24 amended and reordained by: 25 26 1. The adoption of the Active Transportation Plan 2021, superceeding the 27 Bikeway and Trails Plan 2011, and amending the Comprehensive Plan Section 2.1. 28 Such amendments attached hereto and made a part hereof, having been exhibited to 29 the City Council and on file in the Department of Planning. 30 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on this 33 day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. 101k) Planning De artmdnt City Attorney's Office CA15298 R-2 January 15, 2021 A pplicant City of Virginia Beach Agenda Item Planning Commission Public Hearing January 13, 2021 Virginia Beach Active Transportation Plan 2021 3 Virginia Beach Request An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan the Virginia Beach Active Transportation Plan 2021 which will supersede the Virginia Beach Bikeways and Trails Plan 2011 and to Amend Section 2.1 (Master Transportation Plan) and text pertaining to Active Transportation. Summary of Request In 2011,the City of Virginia Beach adopted the"Bikeways and Trails Plan". Since 2011, much has changed in transportation planning and implementation.The Bikeways and Trails Plan has become an Active transportation Plan which considers and plans for future micro-mobility and multi-modal transportation with the introduction of shared mobility, enhanced curbside treatments, dedicated multi-use zones (varying from pedestrian,vehicle, and bicycle),and an overall increased community desire for an active mobile lifestyle. Supported by Parks and Recreation leadership and the City Council appointed Bikeways and Trails Advisory Committee (BTAC),this newly titled plan is proposed to supersede the bikeways and trails component of the Comprehensive Plan and has been drafted to analyze existing land use and facilities, and to propose additional network and infrastructure for pedestrians and bicycles.The"2021 Active Transportation Plan" is one component of the transportation policies within the Comprehensive Plan,focusing on pedestrian and bicycle networks and how those networks interact and should be planned with other modes of transportation. Led by the Department of Parks and Recreation,the planning process to create the Active Transportation Plan began in 2017 with the public input process.A formal stakeholder group consisting of BTAC and more than 50 staff members and local and regional participants developed a framework of priorities. A public survey was conducted in the Summer of 2019 with over 1,400 respondents which helped establish the goals and objectives of the Plan. Staff worked with Toole Design Group and Kimley-Horn consultants to develop and finalize the Active Transportation Plan. This Active Transportation Plan places emphasis on safety, inclusivity, and equitability through the provision of bicycle, pedestrian, and micro-mobility infrastructure and serves as a framework for identifying and selecting active transportation projects in the Capital Improvements Program. Recommendation Staff recommends approval of this Ordinance for the adoption and incorporation into the Virginia Beach Comprehensive Plan,the "2021 Active Transportation Plan",which will supersede the Virginia Beach Bikeways and Trails Plan, 2011, and to amend Section 2.1 (Master Transportation Plan) and text pertaining to Active Transportation. City of Virginia Beach Agenda Item 1 Page 1 Revisions to the Comprehensive Plan 2016 CMyof YkSNN•Sand Comprrhenum Plea-It's Our Pause.A(loan((,n May 17,2016 The vision nsportation in Virginia Beach,adopted in the 2011 Bi eyr a Trails Plan reads: Virgin lv1 • ,where e can walk,run and ride an. solely,efficiently and enjoyably. Virginia Beach developed in the 1960s thru the 1990s with a suburban pattern that fostered the development of residential neighborhoods that,in some cases were isolated from the adjacent areas.This,in part,led to development of a transportation network that relied more and more on higher speed roadways to span the larger distances between the starting and ending points of trips. As this network developed,biking and walking as useful modes of transportation were not as much in the forefront of design,often including small narrow sidewalks as the primary pedestrian/bicycling infrastructure. 11111,L1 414 ,A L,AS" ' - V�4C> E y ,r80` e Atlantic Avenue Virginia Beach's historically predominant suburban style development model can make walking and biking challenging for the following reasons: • Distance.Work centers are scattered,with limited aggregation of large employment centers,like Town Center/Pembroke and the Resort SGAs;and the military bases that draw the majority of workers. Therefore,it is harder to match facilities to predictable work commutes.If employment is not close to home,the commute can be long. Regionally,46%of workers commute to work in a different city than where they live. musk.,f,ru+slwn rutlnn Nlun/:-16 City of Virginia Beach Agenda Item 1 Page 2 Revisions to the Comprehensive Plan 2016 City al rtr,sue Beech Canprrhenusr%aa-it's Or harm A Choke City Nov 17,2016 The vision for active transportation in Virginia Beach,adopted in the 2021 Active Transportation Plan reads: Active transportation will be the backbone of dude we in Virginia Beach Sidewalks,trails, blueways,and bike lanes will connect residents,workers,and tourists of all ages and abilities to all the great activities the City has to offer.While driving will still be a popular option for longer trips,walking and bicycling will be a safe,comfortable,and fun opt ion for shorter trips throughout the City.Access to active transportation will bolster public health,support a thriving economy,and help protect our natural environment. Virginia Beach developed in the 1960s thru the 1990s with a suburban pattern that fostered the development of residential neighborhoods that,in some cases were isolated from the adjacent areas.This,in part,led to development of a transportation network that relied more and more on higher speed roadways to span the larger distances between the starting and ending points of trips. As this network developed,biking and walking as useful modes of transportation were not as much in the forefront of design,often including small narrow sidewalks as the primary pedestrian/bicycling infrastructure. 2ZLM Atlantic Avenue Virginia Beach's historically predominant suburban-style development model can make walking and biking challenging for the following reasons: a Distance.Work centers are scattered,with limited aggregation of large employment centers,like Town Center/Pembroke and the Resort SGAs,and the military bases that draw the majority of workers. 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L (o E c•c c u c E m .t +ui) a c m o F� 5 c N m c a in Coss >, CO E cc 0 3 z 'Co u -o N 0- Li-1 ° U CO N C • Y .tn _ 0 -0 m u an N m 0 co I- Y N ` 3 'c m j 0) co O m .., N cr E «% U m N 7 C a } O) m = a m u Q t C v m a) u m c C m N °«), L � s � Ya E '�° '-' m a) NQ •++ asa ',- '_ m ov b m a +, (6 U O m (a J ° N +;, E 0 E C s u 0 0 s .. a O)'d ,0 CO `i O y O «m N 13 a -0 >, m ui ' 4-4- O N C 'a a a) fO U c -O L C C 4 N H =a c o m o `° 3 i 47' 3 v c 4, o.) -oo ° a) o 6.c m e L1.J i G >, 3 O C U s. rn ° 3 .y ca .° y ao o c E cSe o c3 y u O. •_ -O m (o c O U N m -6 vi u Q al O m y >; c O •��` C.L. >, O `0 3 c -E, 4 m m c pp o)CO m 47, Q o c u >,m oo F= *—_' o "- O . 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Y 0 O a,`" L N C u 114 C 3 O` id er)m r C E C c >, O cO O -0 m m o n O) m Q m c ._ u 0 0 m ar c >_ p 0 o 0 0 C a, aci o cu 7 3 o o Q > ° m o m uc > a, ma ° mC o u � Qo cmoumm ._ m mHa c m o Y o E s E c m ° o > 3 —L E O, i2 m A •`- m 0 '' U c co a o 3 o m a =3 m °u u o a E :U Y y• , C cc °' E 03 0 > a, E ° m N *`' z •°' o c `oE mC E ° > .� m • -O- s m O r O ` O `�- N Y O — +, m L E 0 13 ., u m +' L C C •�' C 4- y., > QI Q a 4- m ca L O +, U N ,m O) m 7 N U m ,0 .V_V O vi O ] N m •y ` a, N I- CO e0 m co C 4- '� " "O C '� O -_- >,-a E @ fO �; '43 u .m -c u 3 .- s s 3 m u n�c '� 3 0 '- m u O u, 0) m e m N +, m p >, o ? +-' o o w Q m A v, R O O O m E :p O_E Z c o E L c -0 a, N +, -o u c O O m E u m 3 VI m `:t O O M m icy a c "ca 3 o N Y a a3, 3 > u C � 0 a_ xa.m o `-' v c m w 3 }° m .- - a � ca b o ' N aN) C C � � y Q a � +° C�e! >"' � 2 t d C (� L , p N C N c m -p Cr) CO ` .y m .�'y C 0 .Y N a) -e E iO I � .V -0 U -O � 0 -0 5 a, C �' >,Y l6 �>, ° E >, - u m ° U p 3 T N U -p 0) c a) m mi o 3 0 0 m .° a) m u m T. m `' +3, m u +: - m E "-m -0 Y m 'aw " u a O as 0) a •N U m ++ N •NS y m > *' 10 m -0 u m c m=0 v ID :O u m 03 3 '0 N cV m _ CC W 0 .0 m C .0 m A .'., m e to 3 u s m a 1>0 m O Z O ) �o +., '5 m A S O ,0 + d m _o m m 0_4- +, ,n m C p O A 1O a m yam,, u d,_ g a-Cr,-0 V) ° m 0 N ,� :° a") ` +' oa, 03 c -0 c 'o 0 �, o �+ ° a.o col '° c • N m c0 .0 a C '+- m c0 O O +, +m, "m- ° H a 0) O` .0 +~+ m h U r O` O 0 m T °. O i _0 s m ' u5 -0 0 >, a a > N •V a) a)aO m o m u -° 03 v o 3 m u m m s m a ° +, mas + c aJ @ C u C a, 0L c mmu o LmE o ^ uUto >. ,v a caU ., I . cO m aa._ ° " 4' F' n co O +, ( ++ m U c Cl a_ c N O ..; 0 0) m .> Z a) a, -O v -vi Y r N`+n u c o N 2 E m m m 1- i N ON C) L ± ;+ @ ,No O.vm_ c a ns •� .46 � O p) u U Co Q N m •c E rn'� j c 73 �, Q m a o c o Q '� = o i N o i o c E a, a o�, i° r m C 0) , a m ° 03 2..0 $ > a c� m s m � a m > .N E E o ., o T m c m a 3 N m ., C N , Q 3 Y N ,O T O N > v CY O1 > E m N ,a I -Y CO — C a, 0 to L co V a, a) c a) m 4-- c > u N E :+'' O ? C. C c O p t o + c s co N c m p m "• c E CD m m a Q ° .� } v F- "> .X 3 m C o N401 -o a.� N 'O O�' S "'as 0 y 2 '6 aa) co 5 _ >i E o w 3 0 C m m o N m m a' o :° 3 >, -° •- N m C cO N N --0-..(o Q c i s a, 0 c Y u ,a _0 C ,..Cr) a 0 a� 'O Q c :; E m O f• a E m c03 m O m O L a, ° 'n a c m e m e Zc m m tn.- Nu +, s O N u m o a c m u E 3 o m Q.•- u so _ O a, u N C m ... CO a) ' -0 +, C -0 u to a N >, N u co •„•. .y C9 • `• u 0 -0 .L, N Y �, a m o 'N E `� u c m 0 c c EEi '= .m •y -0 0 m 3 5 0 -Q N H rf1m Q U 0) M Y E `O —j, I > ,0 m '� .0 > O m m_O_m a, > +- c a m c y c c 0 v a a, m .@ m m L. a•- m >, .,c c ° m m +, m '' p N > m c o m `�° C E `u E — °° x m m o m c m s i m E +' .: a) ou 0 >, m m m m > � ° o c c v_ u H ..0 iC' o } N ., �- N W a m o •a_ -+, +C c L > 4_ ,O Q- c_�C '7 m t0 U ~ m 0)C m •+> N = 3 A s a)+, +' a O C O ,O al �' m N O N 2 m E > m m „ t- u >, 7 mucE -ova) m3m •• y C L N .� 0 �O E 'E -% 5 Q u ~ ' • +,, .=-p C (Co C U . 0 10I c N o .X E a o ., o .x C o c• y m 97,y� > o 0 °Y m -0 > > U i -22 1� N 0 O o m U >, > •- o 0 03�, Y+, c d Y m u u L ° O) y 4:•_ N -0 O o T� L u a N u m �0 m a ro m ., m •0) `, 3 a, c — ° rn N ., c . 2 a m a .m., m 0 0 a-p m ' "' >' s- EE i m O N ,O .> Cc s m .` •C ° E : m a y a) am .+ O -C O c m .a o N E +, 3 ° m '' C) y +. .p+r.. u m N 'O) E o o a a): a �� 'C 03 N y O @ ., (ca -0 ° u -0 X y0 a) L 7 t O '� ,C-m '0 co s 'U 0 0 i p W •p) c m E o m 4- c o C7 c +.•m U ., v 4- V m m a+, U v E ,a V) ., y o ° m m w a O a 0 c 4- m > 7 C c• a) Y a 0 r`a a ° c N a , r >, d �.� 0 T, N O a c 0 a O u 0 m J a o p C ' N a) O m 0 L co.5 o 2 m « C c Cl, m N i R -0 '0 i >•' m c E c ..C- C •N C— c `o > 0 a m 0 O O m E o ° O — N O ' u "-' m r' Z LJ o a>, aa) 3 3 m H ,cu O 3 3 c -O U. in w > I- CITY OF VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN I CHAPTER 3 NETWORK Virginia Beach, VA Demand Analysis c1.41.414:14,,X,P,", .0: AVIlltWhatet 7 .' g '1/".• Virginia Beach SW*Park / 4 i efw 1., itt, f ..s. , Iipir.. 7, ., --Ant. ,..40-' ... . . V, - '-. .- ...„.....0 '" 'IllartwrAi.A°"1: ':4 ; ' 12 r*I..la ''-z im•I 4',. -, ,I.vir,,,.,..,1,-Ap,i4mkki,..,;,..i-4;i:....•:-•-, ' '••, • ,'IRK ,,,,.7, -",..,!, A s , Meant Maul 1 t i• -: 1 ;iii.,;•' ..',' . • , ;%.. 'it: .4 .., , ,,,.. . ..., • ,...,., ., , fr . -.'"..., WIWI Ani ..- .• \ '•••,i' ‘ frii: i!'''Li..,. t.1. - r . 'Is, Cosiri ttowy,--- • iii. Wet tad 1 ' Sindbridge • i .. Ca*rat ''.1 ., Wee Lend:4p . t , I 1 \ I 1 . I . Demand . „ . .. .. 1.'---—--• i ''''' " ' ,s1:02 ; II High kNene Ludo"Remr Siete, Low A '. Princro One MVO Aktoariani Apo Interstate 1 I Main Road 1 iWt.7q47 A Blueway Access .\ . ell Recreation Center CAI.Su 1 elovdee Peed .,? . Kew - Pert.1 MY ewe , Military Property Wetland Park •I ., . I \ _ . ,....... . ,..„ . • \ .•••_._,, Pi i 0 I' ru rd A'AILV(°)L4/10.1",:,`1 A 0 i 2 3 rill sicimmil TOOLE 0.$I.II Fgure 3 The dem vtd analysis rdentified Inas whore walking and bcyding Infrastnteture Is needed 33 mew 141 10 it, ra c - N T 44 N (a H L a + z ++ a)tp, cco C N ) of -c C O ro E N N >. R_ >, 22 _� ca cn +� ui is - ,i i - m E O 2 ro a) Y ta ro E vz m raa E c O a) a� p +� >_ O O N 3 >•co U c 'r x ,, U N C N N N C ut c 113 el 4' s=As m1�111A ,44 ( 1'►' _ �r N c U 0 7 Y Q) ra OU T �►�, o a1i ` E v C o a > o 12 f .�, . - • it 44 a c co f > 4. FS- Y c E c = ' c 00 .y \ 0 U R a fa O N Lm (a N N a+ Cy OZ VI v) O '- r f nS — wr• aNN YV 47 Y Q o c n °---' .E E - o _ m o :it aft ,..�., r ;-v, i , .-, Q = ui co U an 7 t t a � � `- $ m ° iEa ' C,: ,-. • O y d 3 V O C a) m H •C a) ,, ♦• py (� Si f'~. O C o O 3 ,_ o a o u m c f'' . a N fa 4, a E c �s` _ •3 a , OZ O �,Q 0 rn a c Y - ' s Q V < N .c y y OU O U N . )o t o O c.,a � Q ''' ' I- w U 1I,.Y✓, a • an 4- ► Z-- EAT- 1' 1- I , , rl,y( }_ .filtte . le ' 41.'' A.,, ,,11C; 44 '. ..,„„to ar, ,I y A - s05a �.>. :fi [ :- ;y /:.- CITY OF VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN I CHAPTER 3 I NETWORK Virginia Beach, VA Community Interest / ivy Stork i gi, j. Virginia Beach 1:4I41ry((i itas:. suasart to s •sly �'• g _ ,/); s el rt , ate t d "\ r 4r ,, le e 13 a1 rrt/'K PteatN Nrrd ... k N rt .}°.Sr M ..�v. a.r' If if � ff s O:m Nru a 8J • N IM•1V Aria `91a R a \ y * w.e Heel \ ) it ,1_+ttJbrfdQe c e .. i ` • - 1 it 99 yaew RuM . 1•' , e. 5 a WeO' t - . 3\te. � rf, . '1 Ir t �� `l; ). Ric',ixN.�.+) * 0 Area of Interest la •ice ), '/' 1 *. Area Connection A _7,7or a Museum or Historic Stte cJ Library I Mare ura v bra Ate t+ M.raar Ar..mean.. --. if School ) h Biueway Access ' se Recreation Center s 1,11 Strategic Growth Area(SGA) • '�'" . ))) �t Business District �^may ' �•_� '~-'r=< Military Property `e.,care { l: Wetland t J Park / b t-'$ s r 3 f i `.... (},'r('?;;. -f110 �.�)/lf;?(Of.40 :It1I @hiI o , 2 3 n+ TOOE. eeRteN Figure R Community areas or merest her shoed be connected by active transportation taoknes 35 a) a) 6 C cD M a) C 3 V M) y.• C 0 F. O a) c0 VI a.) fp . Q 0 03 4-• C >, [ Y Y a) [ Y Y :� rn Y y E b Y —o- n. an L0 O cn a) « N n) cp Y O Q 7 a 0 y V T a) a) J v -O 'D C •u a) N 3 7 a N 2 L ip c`a m u ° u ++ v v y a o Y 3 rn-o 7 .- 3 c No Y °' a, 07 E -0 > o a°i N c o o ti) ra m a3 E c t` c ° >` -Y CM m o 43 _ a) •0 0 0 a) 'a - a) 7 N :� '4- a) t0 a) ^ O U -a a) 0 7 L p *' ds E a m • m c>p 'S m c - m -a -° o o m y '° c .c o Y -02 -a -0 a) +' OU a) N `y .... E Y Y o a) ll T 3 fn O)c a) O N L 7 N v- 0 ro mct, CO a)VEC a) OU C a) > C H E Q) �' a) .L-• N C m ,L.. O O O -Y COm co 4' c d o o CO n3 p N 0 o E 3 oN o Q�e y u m aa) a 3 -- c aa) 0 s a- 'v C O) O to 0 Y Y c c L,, co O m E a) 0 y a) p j ° -0 N •u D) a) cp O O O N cn U C Y E C COcp c6 3 R p .E -0 N -0 7 L[ o) Q a) Y C ce C r. Y -p L _ V , C O co d O a) [ C 3 �, .0 -0 u O y Y m o m ° L y ,� E N c o E > @ �' ° �, ° E �' u °' ° t0 rn a c�r-i f° ° o a) -- v E CO C s �' ° ,� C := [ 0' Li a) `'' N Y >, ca c0 V m 7 a) ~ ca a a) Q O ° V cn -a *' " Y,� Z O 3 +' + y 'p O y U ` 3 L p U cp >, 7 E 0 .., O _ m U C [ -0 -0 .0 -O C ci= E 7 „ L a) O fa O cn c N `''" o o N •° too m C a) Y .° ) -a 2 m _c a T > m tn m a cn to E y a) `) y a) c m c o s u 10 CO a) Y cn u a) E m Y L .. - 'Y � o • C a) F aUl ) `.�VI 4-r •-• Q U V U ca N 0 L C U �9 3 Y ) 0 0) y) '^ y N a , 3 3 co H n' a a) o L_ L L U '� a) N T N L N cn �O L .N Y 7 ' 13 7 0 H O " a) O Q N C a) H y 3 s_ 0 n) E fa > .. +.' -O a•.• 01 a T V +, .N N f0 V) a, a) v m a • m I a) L -'[ ' E c i m co ° c 0 0 o d a) u o - — cv a) cn co _0 E t s m co — v m u — 3 0 c CO y R a L a) L O Y - Q v 7 'n in v 3 -0 -- �; 7 ) 7 O z `o ai,0 > = c 0 3 ;° 3 c 0) E .c • > a - O 0 (0 - o C o m o ,[ s - _ ° m '5 � CO s s .� o � � 0 3 0 " N c � � o 0) 0 ° 3 a a� m m u; m '+; d o 3 E rn OH Y m OH MI H > •° o a z u ea += p — y — a) -p a) c •-° ca c0 p y m ' 8 u d O O O L -a �3 T 7 a) E a) 2 -a -Q ••- C -° N a) CD N L O "= a) ea [ 7 u Q. H cn w Q co 7 w cp o m Q 1) m N 10 Q s j O ° i s aa)) H W o u O -0 - • • • • • 2 .0 w Q in YO a N Q H N E a i— 3 -0 a ,o O en a ZN c E Y C c0 Y O pc 7 E a, '5 L N c O c o C .*-, Z c^ • j `O �.V7. H 'u pp cup O = IF o F o Q it — 13 H \ a o +L-, N cup il u _ N 0 0 o a a VtC i.� jt111111 = m a) O t a:,tt ty a w o c c o m m .o; s 3 _�. ' I it Y .. d V co a) 41 O N y N a) C 5 C co O y t 2 a }. 1 1 O _ �/ V U �i 0 '' , _c o , o co 7 8 Y 0 0 0 c k,i lri i L E Y o 7u �' O aci E ° a[i �' _ ;� "♦ . �lj�+ ( m v,ci, c o an , — o E y I I a) m L :l O m o 3 " m0 X c 0 _c N i _ •�, w' L y cn cp .N a) a) ca a) [ , v y \ C y C _T d h Y R a) .0 >, c .1) Q _ 'ma 0 � o CO ai +c E Q is y 7 m a }' 3 ' a) 'n 3 -p o cn :.. E a) M C o C) y 7 L S o a) ' y o- o -2 Y 30) 3c .oca omE > 3E > 3 °- >+ > I s-1 m ` .� U co a 7 C E Q O °U ►. a) LL 4 Ft- co L O N s Z -a N -0 -c 3 3 4 LL. ii ° 3 , o a .5 HmZZ aaau °cLE CITY OF VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN I CHAPTER 3 I NETWORK Virginia Beach, VA Existing Conditions .w.trit,n):-/4,•.,:::,qf . --.. 4/ • i- r,..-,9),/ `,.. • Virginia Beach *1j1"NI:1 LIP 4 '''i. '"i .,4; •.f-'•"7-,.. -. -.. ...,.....r-: 4 4.. . ,.. . -,,,,,,- f i .•‘-,:.. ._ ...,. ....'::. ::,.... , ,.: • • .,, r. -• 8- -- -...14'.- t.'",•r;.. i- '''. `.. , ;t.7-,(' „' •• 3.•,e-.••, '''.,, - -.!-- t • , : 'vw,pr-•,,-,.;,,- ; • j,„,-,4111--1..,- ,..' ,,,,, , • ''704ceito, ' ' ' ••" i ,i, ' .;r.', ,_.. ..-'-r . .• -c•-• .. : ..: .. -.it.-... . ,,, os e...4it. --- "..1..1.447 • ..4 ,-..;,-,-... -..6.-.!„.... ., -. .. „ . ,,,, :eat - t IA 1. I. $. il 4.'\-• "''' ' i-f if , N .0.,,,....„.... ...„., „,......_, .._,,, ....,,._ ,/ \. - ,..,,? .,_.,..,71.,_ ••:-... ‘, ,_ , . . ., 4: , -,, • . .,,,. • . . .,/:;•,..?.., .... ... • %---..N"' l'• s't--• •': 0."'"'" . • .r,. ,,,,,' .:.%•!: :: '.\ g:'.-.',...1 ,••2.- ' c •••.;!., ..vi_ , 0,- . • .,,...- .. r., ..,..., .?: . ..„. .,.,..,,,,; ;„,..- : . : . ,,,. . ....th! „.„;?:;:,,i" ........,...24:t..veria... ...'k, . I.!'-4-1:../.-,.. I Z•`ef -- • 3 VI fi: i,` ,`li.,!:..i-I . . . . -IN. ''..„`" •,..s' cl!etHou... SR l' Cr"- ' ... 4,...;:, ) .-. \' '. - ".."-1Z; • 'i '. ."L'''t"' - .•:; 'f\sedindg. ; ,,,, ----tc.„-,,,,,r '" •s' ''-* • l' I' .. 4 -.•, _ *,•.. ( . • 4.,in(....64. s'---:• • / . ., -../- ...**: Part /'I,.: *j4-5• ,t, ... ,..,), .4 1 ,: .,. •r.,, x ..,,,, -e:.' • Existing Facilities it 1 .. )-..,„...---.....,y - 1 • \ -- Shared Use Path , ii . ili., 1 i- — Sidepath \ —Bike Lane i ions',son ri.otiv-'41.. -- Soft Trail or Path Awe,Anne , . \ '-- Recreational Route 1 • : . . t 1 . ILfarequnnu A,' , Other Features „...14. _ ,f4,. • Blueway Access \t•-•-,•+4,... , I,... \ ‘. IA Recreation Center 1 Va • ..' '•'' '' ii:;;:i firii14.• Strategic Growth Area ' --3•!!!ceitii- 1 '.-",--z. a.-it I.,-1..-... Business District ,, • , _ Military Property Wetland - 1 Park ,.. l' `....0i 11 )I oa] ivi ( 00,1161114A A, 0 3 2 3 a TOOLE 1111O 0111111411 I Figure!I.&Wing Actin,Trensportatan Features,includes apponad and funded capful onprovernent poi gn the process of 6.'9 des fgned of b.,f t a) E 5 - O .o >. 4 u '9 c Lc) r\ r, 4, OO 1A• m t i°a I 3m ,� _ i� a? y c > o E '" O7 xsyJv p; N 3. rr „ c ;o p - 11 c ,3 1 ; . Ce O 0- •o o w v to i- L r o a a 3 v Z O E Ti ri a.' c P in in --Io F= E - S CL I.) m atrn '; n E 03 'D 'a d 4 m to e O z X O. cm�o 3 _ 3 < LU N L 0 0 m +„+ c c U ui z do 0 m m a ` N i N °' p c m m W M • E u p L O1 'C C ,0 Y C d g, o c Q /A in H V/ a m H „.0) t F- OC CO p cn a Z o a � �3 T ,� F-CC m O7 -Y V , s co w j O ro Q c F > _u c 3 .c m ,a vi c , U v m E c o u c aJ < "D N c m m '0 u 6 E O U C s - aJ c m O a, E -o , r ,r '• ,,, w v, 11.) o rn u t >, c �". Q oa �, c y a� c E • ..r f. 3 c o 3 a+ 4- o C E ; ' p z a o N a, u 3 E o 1 � s 'a ` = r$ c -o O N O O 'V QJ OV +• L ittaa3 0 3 o a E c �'. �# ;. �, i o u . E o .0 C p V p C V N C s VOi N O y N V a) E fl '� ';r �?t i •- U CI) CV � ' 'f 4 OC O N O E -o O , ^` icr •X E a aJ -5 E ca ro Q. a O co N L v} ,� _ +, 3 CD N -0 O N a O O O E O ,0 ',C ! :� , .�?«? CA A a N U U +I +`'' V A ,.a y J Y O 46 c } I ' u a� 2 �, 3 3 .% L c -a10 ra St, ,o c 0 V 0 0 0 a) ti U O c E a) q WJ N C a O E a) N •�+ '++ s s U w`'.a.t:�.'lt��. • fir. 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Q w Cr)ce '� •- N C O N m N d m O Q) a N Cl.) C g cv N p O_t u 0 3 3 "0 - ce F- C -Q -n Y a) '- L '(} m -C Q) C N m -C -O ,^ N U .E u ro >, C m S ++ d ++ Q N O O • p m y u; m a) •C C O talc) $ (co 3 C n +' c +s+ m e6 u a s m o ( �_ C °) a a > ' '� o N > c > o o ° -o c o = o m E „ — ro u o •C ,e N U a) a) ro •Y _o d C _o a) O O C co a t j L R E A 7 N m ,- co s N V s 7 ,_, m Z �u T E s o).°) 3 0-0 cn _y f0 n ^ o •- .t ;° u o C D .rn m 3 a0i o .- c l m co c a) = N U c > C a) 3 U a) U 0 1-- Y T C. >, > y) y. Q co o o- o (o n u rn 5 m ro a) 5' :o m • r + C • >,U a co o o) c o a N a c > a c° -0 c N _c N >, c o -fl N o ' N co y O m -n O 'E ai y m z d o o c a) .— as a) u „, U O N >, C 0 N O ` O 0 a) N ` V i V V OC rl 3 >N"`-c a) c° -c y N 0 a ,�-� j T O V L S O N fl- •X E E r (o ++ +' R rn Y m m -o E _a 0 a) �e o a) • c a 3 (a -Q Y C p m > E P .. -O a) C ,_ c C O m a) -C u ro E a) C ro 6. m c 2 O Q > .° 11 m 0 y m co C (r N YN N 3 a 3 m 2 O ea 3 ro ,-, c m Y U ce O. 0 cn Z Q V N X _O E • ) Q d a) 2 ,C N N ( N b F- n C -0 ((v p >' p Oc a) O N ) `" w MI 3 N P�+, ,, , $t N —>, 0) o 7 «a) -c- aYi L p0 o u «tom;; ± , .tea Um m - ±O Ul m rauC - C >, a) N CD ; a c u 7 0 a) C E a) �e N m ) '^r N N > N 3 w N c m C7 Y ro O 01 a o 4; p Y x: 11 MIGEE }O N N -0 a) S Q) C Q C a 0 N N N �a. t t _ N -c O Y Q7'N 0 0 -0 +s, O c� Q" ° a) . d - ,Uc 4-' E (0 N ro >, " N '_ °) va m Hc3 O -i (o — > roa) C u CO ;c ro a) ro � �'� > T« �-Q of• '� _ � � I __. L. c as E C C ,r c N "+ ccp a) c 2 .C U ) `O . (o �.Y T 0 0 a) N ro X o u s '- oc . o o > o a) � Q) *' a vNi N N >O Q) N -0 U . R' , a� a ai N 3 0 _c -o Q) m Jo ` c c E .. a a] "� O E .O a) C u CI) Cr)•� u 3 o d: „ ` ,}��*,y��'�._ ` -� S < a) a) -a c.) C O .Y C 'y N d {.0,, . p m e Q7 c o a) s E ro N Y c 3 m a) a) ( t: 1 r 1- u 3 u a 0 0 0 v= J0 c U N I- CITY OF VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN I CHAPTER 3 l NETWORK Virginia Beach, VA Bicycle Level of Traffic Stress t Ict;171 :fq-4,!y V' 1 iaNPiK:YGett u-_ _Qy�t"p \ 1 \ tin., -- - Virginia Beach LS+r,e3L., r K tl, s ''� s. . 6 r i � `1 { ��M1 r It+ >n t: �' ,yam\\ rY e .140r. For:,.....,,....,, r,.....„---Ith'irii,;..ht:t„ \ irrif,,3 4,,/, L._.,,. ,..j..t.„.-,f,_. C CkcJs3 IWO \ • 7 y if h 3 ear Tv2 '+�� a1 CawIW r T k y,[ 2 aa�,� a ,qk 04 'r': , i R,, / - 't y� rgl,,•r,. . rr_., !, � ' " +j.N 4- I ban , ;),.. • _ ,„ u • rat 1 Bicycle Level of Traffic Stress _ *LTS 4(High) - 1 a - Sari say ffaoaeer LTS 3 & �` :LTS 2 LTS 1(Low) 1= i Other Features +v yg.r d.("te •Vs's r kran'An.lie,e Interstate � .:r",I * Blueway Access -- 4 to Recreation Center Military Property 13 /( - Wetland 1' I.. ..,.km.Kati rate Uye Sl„a 4, h n/xai 4H hese,e Park nt.,cM w I 1 J E I I ) 1 / )/ a .; 6'it )1;TI.'tt+ll f4f.:1L,S(oi lioz3 g , 1 3 rel _.„4 TOOLE 0111411 Fgur.11&cycle Level al Traffic Sees:shone how stressful the bicycling eaperlence Is based on naffc speed the numbs of travel lanes,and the lepentbn between bicycle fadbHes and vehicle eaher. 40 _ - I. r 2, i� 0 U r �) 11 �,:Fr tNilt, `and+•- �. I y• ° c )1..�+ ::2 1' 1; � . ;5;4 � r 1 -s _ 5 - w �►1 >!� ,,, :N � „> ram,. PF f i z r {;j '" d , t t Q i' ; !''' ( L • ,c_ 'i C y,r t113 1 7� c — a. 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U + V �, Y j O o Y O U O i m N L m O vm- C J E +' -0 m Q • N c c Q O) C C p V U ui U ,c Q p a z Y E a) c O 'X •� N 4, •«_ O a0 Cy) C c J Y aD o U a) C .y a m U J u) O f° p �e p 7 v) 'd 13 Y m z O` N 45 W Q- m .. al j c s ▪ ,c• tin)i) ` m •a s C O 3as • N _c -c V O N V C ) Q L YO U CO Y m 3 �° F°0 c c U m • C o m aa) cD m C) .o ,; U O ,0 E N• `o •-C ) U Q.� d -co,L N p m C m -z 14 O O I - O` O N@_C To p " N s O c E CC yrp O L y C L c O V m u) F- - m ou a) a) ,- CO -O CO O I-- N 4- 'p m 5 O = '� U �C.. yY., 3 N m -D Q Y fp a, N -O > tCp (2. 7 m �' N N C u_ V y d O .L' p .0 p') > p E m p O Q 0 c C p C dU 0 03 O • J O _O a J N E c 0 - Y c n• 1UIU ! ! 1Hft @ -cf V 1- t O O N O • 2 04:2 I-- 4S, C N a) c O C N N _c O O Y `O., , p c Q cr, Y E C Z c N f� `a C Ni '15 6.m 0 C '� 2 , `>^° U O c Q a) U N m N N O E m E ma) FL- .- a) ' a) 30 3 Z O m mN m ` Q C > u a) 0) rY c m N c 3 y 3 3 c -p '° 5 `p 0)4_ t p C L 3 C• ,c O a1 O N T O O m u) - L a) O Q k mF- ...- Ol._ v, " UU c O Y V O m Y C x N #+ �c LL N u,• a) Cp J C > 0 3 >.Q z c N L U co V E c Q a m +' m a� Q p o A� _sC c s U > a) c C O ar Q O N Y a� a) p ` ON >, O Q 5 \O E 'ID'd O 0 0 ."- O Q L C O C d `n +' O I_ c J C 8•7, 3 3 a •Ei m i= ,- " s o c �v J x U a) o ;, o m E 10) 0 Q21 co o U N •*-' �1 a) Y > C L p > Y c 64 E a) a) V • Y U • .c _c • m O V Q T - tY '- i+ Z, m u x45 ami d o Q U ai E C C o 'n3 Q aoi E • U C c N O .t.+ c 2 -a T.Y U O O ;D N .C OV 0 c " J '" -0 C ` Cp t0 ? v O V m c m -D O p N i "p m N O U Y Y Y N -a 0 .O d cn C Q O m m Y C (�+ V) m m }Oi Z `2.' }, +45 c O L N .0 4- m V) 73 C Y N O w. 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O m. 12 > > L. y O u a)`° C s ° N � t U._ coci a nZa) 9joOC ° O OC a a O _ c E E UPYca) En _ Us H c c mcncc a) Y a ° • 20 0 o - > ° a, o p -0p 0'1 a) O E c0 � cy a U c Z O U 0 o a) _r •a) 0 o 0 -0 M 3 ` N • ca • a a) Emfl' m Z a) Q 3� " . -c 3 -c12cV5 D tn o c :c m o a) m a) 0 oa um u m v _c Z a N C S. CO 0 a) orn ►- v 000 ..1 3 o E ° CITY OF VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN f CHAPTER 3 I NETWORK Virginia Beach, VA Proposed Routes 4-.14.4,.--.4..t4::::1,4,•1 ,IvA- c' ,1,111 Utile COvi 7ft- .••.'...f. ••••,, '...4''t,$-, , l ..- „,,,. , ..1,-:'—.-%., S-r.' '.....\,.......% '•\. . .s... Virginia Beach , .....(,•:„53-. • r•sf ti, g •.1. . VI(21 ler;rioi;i_• / •' —1-.--, . :7 +.1—,40- "-.!• slam Pp J. ' ,,,z'l *.;),,,, , *1- 4*---...••••..J C.'.....- 's".2. 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Proposed Routes 1 ( \ \ t' I ••• Core City Network 1 - t_. 1. ........ - • .4- i' _ ' .. --- Local Connectors rem/I1104,41 Iliror SUMO- i 1 1 •.• Locally Identified , k NitirribtrePresevemi • ' . '...,4. , as Alm Yradhle i ii,,, Frj•InffIt Aryi Recreational . ' I' • N., , I . Other Features ''' -,--.•I'''';:-..... A.),-- r• 1:' :r.,4,f:t..I.' _, r--„ * A Blueway Access •, !- i to Recreation Center a • i ••-I POW -1. ; . Lamle* 'A* Strategic Growth Area ktiittP.iirs •' Business District I' Military Property • -t5i , 1 Wetland •", Park • , I_____. • -...../ f1115)M lig/ ( /..,A1;?(OAllf.AIit.11 . I 2 3 rri • TOOLE MINNIIII==.1.1.1111. DISIOM hydro IS Proposed Routes 45 F _i„i t I �, t. il i fl.. 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Q) O m am• t L Y +' m w C a) .V *' a7 N 3 - N 3 N N +' +. m j i "- a) 01 ` C L T m C o 4. +` $ E N �L b O a as ~ V` Y m .� O `"" w r L m L T c O > ,, WiiiH an 2 c � .� tr;a co , m 3 a) O .- " ._ O .0 4-4 C O O m N :-E- T "*0. t 0 C a) p +L' L O to m 0. m— 3 C m +L• _N .` a) Q) . ^ C Z C C N u m O Z C y 3 c + a a 3 >-, m a c N = m co "+) a, .0 0 l 0 a I/) m O m m •, a a Y m cn Z 1 > m m - m ry • ��, - 41 I it , t ik ii tt Vie- ;'. , 1 • I X•l�,a� :.):.' 4..'' ; . f ty A= i I li o 4^ r LU +t ) M u .1 1 �, w Few-- - 4 ` ! ` I , 70 Q �* H.. t . •...I o, ce 0 `� C- N _ 0) V) Z en F> L )L' V (0 yN+ N y L 0 N N W d fn 3 L > N L O E 2 o .. > V a0., d I— • O • L V o H- N I` N T C E �-• L •'`� • ` O ' U y +•' 7 Cn N (0 2 N -d Ov a < a, -4s L U O O 7 U a .c (U > O 0 m I N E Cvo O C u) O N y C E- C .c - U 0) N m 4 ( C , 0_ 3 ` V L a) c a Q L C + ›, O Co -O N 0) +� CD C m L -� 0 G Y N V `) to .c 0 L° CO a C O O L N ''' L a) )0 m 0 4 .Y i z . rn m m m `' s s E s a' C9 a) Ycl, L m .O `� U O m � L-' Q c .CO o m O D CC Q o m m p o c a >, o N' O C .� p Z >' j N C 4E V _c c a m U L CLC O > man ,E E a C C w v 'N � o p. E 0 H - U C a) OQ ' ° a m m>,-0 to >..-0 U pJO • C C a, O _ NO C 1/ U O O O ° -CE CA L .>_ I-` aNL + io a) N V 2' CU O +`-. O >, C N a) 0 7 0- CO 2 O) *' C O N tJ O c •m O n3 a .� 'O a✓ O O O X C 'iC N 2 -0 rn C c 5 a E '' .t N C _O O N o +' 7 c E o U c N Co co '. a) CO O m m c o c a, U C )o o fO in a. d t, O13 3 L a > 'a . co i � T c L c 0 O Y O !- I c „in ?j > Cc .'' C la) O >O +,� � )6 +> C ++ -C Z .- FL-- a-0 ° > t .i 0 u M CITY OF VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN I CHAPTER 31 NETWORK 47 i Virginia Beach, VA ii Blueways and Blueway Access Points �° ... • ;*, 7 fart'Ito? . #< A Vaalrue,.., . a Me r, T, Vr3u, gi r }: .`' ,.urn Virginia Beach -\\* . \l'i q14‘)N % . ) 1 til 4 . Nlfa tET.••• •♦♦ L • vr a y(. .Ar MvJi•��'o -�—` .Z+• va ..a ,. . r . ma,_ , ,. f - .• p 4 \ 4., 4 ..$7• •''w N :.... ''. Orrraaa Naval ash, t • .• `py c, • 1 L -1;;,. yeti-. p. •,... • ' , • ., ::. •:. '5 • + +tom Fte l .J'. -$ Y -1-to 4:. (rlall!l'lge,cgr, 1, •gr'•�, e° , (uwi Blueways �-- 1...;' ,> e Primary Network 1 V) E ppp�+++`. ruts Secondary Network ,:' - o> ".,, . e :zi: Proposed Motor Taxi •Most Challenging °' .+r+ Blueway Access Points ® +_ k Existing ' ,1 ‘.. 'c O Planned r i ' e lei Existing Facilities ,fir+ i--Shared Use Path ! X< •--- Sidepath -° . j t . —81ke Lane 'i fir' — Soft Trail or Path — Recreational Route !� Proposed Facilities , *°"'."'� . ) t. -•• Shared Use Path � •° <. Q,�� � �� ••• Protected Bike Lane - { �- ••• Sidepath Mont--m.s rimy St { Na1 ••• Bike Lane i rrN Al,�ea.•ae t ' Recreational Route 1 ,,, x Other Features •-•,, ; , re Blueway Accesf.s \ t r! Recreation Center ,:a ;<sr:t< Strategic Growth Area Iri4 M ""'•' wni K Business District rAi.. -spc_me:•*. � Military Property .� , �. s*-. ° Wetland ',- t_,t Park 4% I 0 D I a 31711 TOOLE .l'] opal.■ Fi gu.a 16 elJewry&and ahwway Access Pont. 50 w h� t • C O G w C 0 O N - '� }" .Y 0 m C w 0) L •C I ' Jr•i ,,',., 0 m 0 V Qj w 3 m O C '� Q U -0 a w .` -.0 U m m Y_ -0 0) O i `• } C rC0 U a L a O m w 0 m ° O V •, Y_•, a 0 o a Y x c a >, 3 E Y -0 V% ;'i t ay, C = Q m 0) 0 > 3 N ' O 0 fr +..,) ,. m �, a o �0 a' 3 0 _ `0 a C J a w . .' 0 0 0 0 o { I c a p o := o �_ p -0 (2 — >, u ; Q •o E a m m 0 O w to w 0 10 Y m 7 i. u n L a N 2 c0. c C 1- _� _0 O Oa JO �'� - ,:.� 4-' E C •� C 0 +' C O w C a. Y O O N N O) 0 w 0 >, V 0 O oc 'C E w p L o n ,000) c u . a)0 4- m >, m 0) 0 E p m T" ce L 0 o -0 p o- c 5 7 0 _0 a) o u -0 t LL w 5 .� C +' +>'+ Q) 4.:. L 2 N f0 V - 4' ' -o O 1•. }: z Q) w — t ,_ _ •N 0 w O }, -0 .+- J 0 a) 7 ; — w m ,0 a) U a1 a) L a) C a) C O O a ! m 7 O v- v-. 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Q 0_0 O w a) s c > ci a F- u O m y a � r Q in 0_ I w N , z c a) ,-' .a' c c a' a) ° w t F- +' C T co c O a a) L CO rn m CISL _a 7 3 c 0,1 o a O _c O-dw w Q (o -o 73 E E m m m H w w m@ `_ a O) m w 'u O 04 m 0 O 7 w Q H f° > c p N > c .o o O -O L"0 Q N aai I c- v 01 0 *' p 0 t-,_ ti N 'w p 0 m c w c y u ° a L .� �° O 0 y p m 'm0 umi u % a6i Q O 7 O 0 •0) m , p c. w co •C c w ,,, w 0 T J U U "- • S v) C 0 'r- t �-, '0 >. m 0 C a > CO O -0 CE w Z `p V 0 m L E p 0 c •@ .. aw) O- .0 U +' 7 m w 3 CO N - - ro j 0 0 ~ O w a N m -0 0 `.. +T' w C -0 O L ,L-' f0 70 m O 0_ o rn m •_ N ' o v ma a a� , 0 Y s o 7 °u o rn o a o 3 v) m c -• > o E c > i, C c T w 7. 0 7 ' 0) 3 3 12 E o c a) c , c E a O = o p .o o 0 o _ m o •a) 3 'o o a, o `° ) coya-) `° o c W m u —p ard CO - a .E c O- o ° w m mu 3 E E - o CO ci3O 3 0 w O c '0 0) m 0) 4, U U O N m p p c y T 0 > 0 V Q T _ C •� N C L G i •C m w (0 >> N N m U Q) '+� 0 •� C 13 •§ J c m w. ' '.C. .O G 0 3 Y p w m E L U L a �; 'c Q> > Y 4, v C G 'X f6 o m o o E E E rn aa) Ls Y • 48 • c .� p m 0 0 3 0 0 E u p m F- S ITI 0 7 Y > . , w O .f..0, 0 m £' >' E 3 c`0 L m U O v0i •C �' 0 0 0 0 L 0 E -O O T ° c a E 0 y L m C •.,3 w w E .� +� J °- C Y m O a0., 0 +' ` C U m Y w ,. m -0 m U E „ U 0 C m w MI y a 7 L > J 0 0 ai H �/ Ou d O •� V O O w T a m a) O O c .� �a0) v N a0i In a•U m 4- O J O wa 0 Q7 O U «S.• C ~ U 0 i C >� aL'' E >`L U E w *' i 0 0 0 > 0 0 - -' w d 0 Cl) •- , 01 0 CO t O> CO -o C L V u I COm CO .''' C a) 0 � 0) +' a +-� C O 0 C • y 'y U = m O N S 'O `O .M y0 El 0 L m 'O L •yC-' 0 .0 m C L O m -0 O .... C m Y L m V) w J c w m 1.. c 0 E � N m 0) w a) m L 0 4- d 3 -0 0 p) c w a) a I Q ° p o 0 0 m + 'p -C EO ° a v :E' x a_' E co t `n E v0) U G r0 m 0 Q 0 T o 0 m M a U w � a) 0 m m 3 E CO J m u m 0 E •"'/ a`, > E E th d 0 3 0 rn E c m E ° F— E °; �' •->° .°) E L ai E c -1 E a� w v E c 0 o E a) C -o •E 4- p •c 0 m m p 0 p 0 0 .V c p o -u C m o c 3 0 (U 0 • c 0 C m 0 a L 0 C N C y ` u -1- d +' 0 m m m V 4- -' 0- u m s J m E ..a-) m +`� a w cn Cl._0 m Z 'v .' 2.) 3 Q. Q -o E m 'S 3 _0 .g m t- u • • CITY OF VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN I CHAPTER 3I NETWORK Virginia Beach, VA Proposed Facility Types IAA l.,fal•Cre+! D 3ni!! ach •a tom'"`"N:341,,, , J I .�. ' } 'DI ' tom. _Ti y ... ,, •- a - a Os"•StN .3a ��.., Yv 0"'4 „ • �... mot `5; 1i .. ' i I • a- is • ` F q a• _• � ,'•, J \ a • Carr Hol: , ;' -- . aar+ed w.-• '!1 Part 1 y { .%. • ''2—,, - • 0 ', Existing Fadlities Z r —Shared Use Path • ---Sidepath —Bike Lane I • --Soft Trail or Path t•• r — Recreational Route ; ' ti r Proposed Fadlities41 - 1: s --- Shared Use Path !ff. -•- Protected Bike Lane -, a•• Sidepath -�P•nDa. ? ••• Bike Lane 2 Pusevaa;arss Mi:y?• a lt..:r. '.,.: Recreational Route { '' . Other Features ., ,,, •-• * 8iueway Access ` _ r , \ ' ,t, ra Recreation Center 1 � ' ,,> •- uvadso P;lia Strategic Growth Area ^° tea,o..:;,+ A•' Business District 'ire Military Property a Wetland 4 t$v :A, d .. si Park I A 0 l ! 3ml TOOLE DESt•N Flgura 17 Reposed Facility Types 52 i n_ r, • y y • ti= 1 Itc r'" .a ' L — 1 .• zZ }A r1 a,:- R ! U '- jr +} uE''0 {{ ate' ��' r .� Z i/�. 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O 'Uo d o a) —_ u ` O 41) +, c y , c E s c d c c _E N Cl) > > ° a) co 0) > U C T a) 3 (a 0 O �0) m C > ncil 0) C -0 — ,,, 0 E ° T Cl) C O > a) c (�), LT N C LT +' > c CO V _C m p 0 V C C O L co j a) E CO y 3 L .-o c al a, 3 c @ ° rn U all ce s m �, w o rn �, U v o c m E a �, CO ,o c `° p CO a) c t E °' D ) ° o s c Cl) ^ ` a) m o v7 'U) 0) CO •-, CO a=, a E •(�`� a) > 4.' • -O D- vi al (Co V) T C " Cl) c � O O) E - c s co 7o o Ol _c 3 c -0 'E •Q i o •y CO o o E a) ° o c E o u m ro -0 y v0, U O.. 'D ,' m N •c-7° O , C +`• d >, C 4- `J E c N «v'' s 0 -O C C O p �, �' (a m v, s v a ao .y a-a •3 a-° au •E a) mO C .0 m °O C E a`� c o .. c5 (o o m m C N a) O 7 _c a) m O D -O i, co • U F-- y ra 10 co a) 3 _a a s _a N nrsm OU f' 11 CO 1— -C N N C ~ (a r2a C d U CO • U Y •Q cu s CO c s O Oy co- 0) _c _c y — M ^S ri m m _ .+ a +' O ca I— .0 To fo. c 1- 1- o • a) d as m o a y r co N M N -a c6 N a. 0 "Ti a) Q. U N p� o - - N d 0 '3 Q. 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C -O y`�.. -o O E a) N N d O L i_�+ 3 -O c2 N `) _ N m m 0 a`) aa)) '� Z 2 1t a_ Q ti-) ° rn �o m m u o^ o 01 N 70 a a; v a) O >, a) H .N c 0 �' Li a.c 3 0 Y 3 E' .S .5 Q .5 CITY OF VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN I CHAPTER 3 NETWORK Virginia Beach,VA . , Bicycle and Pedestrian Crash Density .Itir ,/ .,s,„, 4,..,,,.....„_..v, • ''' it.11:11/a/ .,. I,. Virginia Beach 1 / G3 -, ,.,4.. 1, 1 )‘..Vf- 4g -- ... ,tr , j •` .GP • t •nia B.,, • ..V,I4' .4, • ti\ \ . '--\‘,,,,'• I ,••' • L?••Xs • :#''' ? # . • 11 i, /._ 1 - 2- -. ,,/,q111/v(4V/44:11ilk- \L C3 t,1 : , 4 Mei.;varoi • ei , ...., ) 't II . —,- .% ! ..t. s t f• /- ,,,: * , -, • ', I •'''.-. S - , Tftopprts0 .. t \ ‘9 I , . mna wa . • t't"'t \ peso \,.... Existing Facilities ) •, Shared Use Path ) . , Sidepath '/ I 4 — Bike Lane I — Soft Trail or Path .1 . It i l '"- 2- RecreatIonal Route i t Bicycle and Pedestrian =, II Crash Density I / Sara Ngireai 114 H41 I ;----- / I . \ ' 41:i \•• - Low ,. t.Nerth t144.0 ir 3.414 High Crash Intersection Other Features 1J-,4re. : ' ‘.',.,, ' . ,2 Blueway Access q--.1.-;,..:. - •\ sil Recreation Center 1 - -, \1, ......,'.1 • ' ' omec WI. Business Distlict . , ,f_; totem' Mani's!..4:1.ir0 t Military Property ...".e.......b..___t_ia.s ,l' ....t,..,,,,,,v --Fil‘,_ i-}, ..t . 1,„... Wetland Park .... , \ ',...) lki(q)UNIN (kilttli:?(0)17,[1041 A a t 2 3 ml TOOLE 01$1011 FF..20.&cycle and.pedestrian crash Int...m.7h.spots. 59 d C r > o z .2 a (� i:D 0 a a E u U -• c '' �" °°S 7 aD a 3 u6 0. mG tip• 1i �i o -. !- m t N ; °, " 4 a c 6I I I I I . s6 , - e w z jj ;y w (.11/1/: g s ° 5 z _, -71.7: t 1. -------------p\\ v 1 / s ` s (..) ,':*IF, _ f.t� A. D ' , i.,_(.,} m `~ ' } { Q �� I T ›. \'" LL NYO. t F 1 t t ol °N rr-- c m \ V It ~N 1 C .G f0 „\ u z Q J m HI LL W J J J a z -.. 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N E a) 7 O L _C 0 u a) a) E 'v L S ro ro 0 j ,>, E "V N `O O E O ° a-c c C O N N C ro E a u a as co a) -O c a) c a N +, *`-, Q_ o 0 u '4= `.- Q 0)° .0 Q_cn 0 3 7 .� J ro ro 0 +� E CITY OF VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN I CHAPTER 4 1 IMPLEMENTATION Virginia Beach, VA Priority Projects •0:$tifkilg:gq0= We:AY i - - /7 Art Von, ,po CI•.1.* 1)Shoat Or;healed ,. <.., r 11:18 I elfr Car4 6...,C-I .3... 44#. Weirdo Lam al Ant of a (ay - . •ir"---- Unding Sumo Perk Virginia Beach > ''''''''--.7°4' .'-s...": 4. s-- .' •4"......:4-r- 51.0...m. 0. • ie %1 rtti..., :.4 , it . '*: .''' 4,..,. _ k ),, -',1 e',!'-':- r1.'grti,"-7 , t„,.._____ 2)Adikada Arm \./, F.,:.:1? ".1,-, ) / ,a -4 „....„. 4 144...72'9 1...,..1„',..,46(' 1:. ...;•"1:46.0a.'. ... 01 .1.),.,;:,tx,.. ,' Lftio,:',....41,,.:......t.:‘,,, 1.:: '".. .,.. ' •"" ,!f 7'''i‘ ...,::;''‘..) 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V., .. i''' ( ,' ',51,10„u„ .,,,,t,,,,,,- ,bvi,"lr•,1 .,*•.' : 4 \ —4-zzt. - i I .,.. Existing Facilities ,,,,,, IV,rn t 3,4,1 -I - • . "S.,...... Pei — Shared Use Path i....,,......0,,...lkivot•www;po, Sidepath Bike Lane . z t "'• i ,,;„ ' , V 1! Soft Trail or Path 44'..' ..i.t i••Recreational Route Proposed Facilities - i $.-- Shared Use Path ) / I , , •,. ' Protected Bike Lane _— , i -•- Sidepath N 5 ;r, , , : -••• lot•.01f Ir $ .-• Bike Lane '. . ..,18 4 • Recreational Route 8' \ , Major Impact-Short/Mid Temi : e Roadway Project i , ..,/,,,..ii Transformational-Long Term North Landup Rine State 1 \ Hirtura Arto iNestfir '-', 1-264 Flyover Iv."- e Prolk V,I.u.t Ad-1h(1. ' Atans,,erwa liea r._ ;Roadway Project •t, t . 7,, i 4.- _...., A Other Features '4....1 „ I Blueway Access A I t' % .„..._ ! Nou Ale oli Recreation Center '8 ' - t Nmludi • Strategic Growth Area 7 • l 't 1P6'.° 4, ..... 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Aye' :0'.. / ' slit:t. ..,.....,41,,, • ..* 7'lit — 1' / ••.tt '`'.4-1*. * . ' ' , • „ • ..• 1. 7' • 4 --, , vlb4 !-- •..• —. . • • . "N. Al• .... AV. • • 40, • At ....1,....- -:-....,..,t CD • >71, *III).-, AiJ , ,,. -4, . z , '''' ' let 41..ev;P - . - ,t,,,, -0.. ... 41;6,.T-, ,,..... >< ', -.',..,4# it•r: , P.,- - -ya : It • 4.., , i 1=1111111111.1. IP t* C=1 '10,4004 7 „ af-P- IM. . -. 4,*,.*..',4* - • LL—I . d..., .., . ,. •,_ .,. ,. % • . .., i Cl. .. .... -„,.. . ,••,„, ., . • C:1-. 4... ... , . , MI Virginia Beach , VA CITY SCORECARD k.' placesforbikes 2020 OVERALL SCORE RIDERSHIP I opt The overall score is based on Ridership,Safety, Measures how many people are riding. Network, Reach and Acceleration. It includes publicly available data and data gathered from 1.8 Bicycle commuting 0.4 our Community Survey,City Snapshot,and Recreational bike riding 2.6 Bicycle Network Analysis. Perceptions of bike use 2.6 ** :fir k *A : i : SAFETY C) NETWORK 1 m Measures how safe it is and feels to ride a bike. Measures how well the bike network connects people to destinations. 1. All mode fatalities and injuries 1.5; G Bicycle fatalities and injuries 1.5 1 I 2 Bicycle Network Analysis(BNA) 1.0 Perceptions of safety 2.2 Perceptions of network quality 2.1 * A A *k :l REACH 1 a8s ACCELERATION au1 Measures how well the bike network serves everyone equally. Measures the city's commitment to growing bicycling quickly. 1 Demographic gap in BNA 1.7 O 4 Growth in bike facilities and events t* Bicycle commuting rates by gender 1.6 Perceptions of progress 1.9 * ` * `" I * k * k *City Snapshot missing $Data unavailable N. ." . ''ice e£+c,, NORFOLX -e+a;,Mo.nk ;y% a'; - GIEZiRAIK 1 �, .. r' __ 0 10 20 30 40 BNA SCORE sa 70 80 90 100 BICYCLE \ET NORK ANALYSIS J bna.peopleforbikes.org »WHAT IS IT? The Bicycle Network Analysis (BNA) »SPEED LIMITS IN THE BNA. Speed limits play an is data analysis software that measures how well important role in street safety and in the BNA. the bike network in a city connects people with the Since most city streets are in residential areas, places they want to go safely and comfortably. speed limits on residential streets can have a large impact on the BNA score. »WHAT CAN IT TELL ME? The BNA rates every street within a city as high or low stress and analyzes where Residential _ 25 mph create low-stress network is strong and where it is weak. A city's speed limits — streets for bikes. BNA score factors into its City Ratings Network and Reach scores. Residential > 25m h create high-stress speed limits p streets for bikes. DID YOU KNOW? 32% of Americans ages 3 and older rode a Virginia Beach, VA's bicycle in the past year residential speed 25 mph Learn more from the U.S. Bicycling Participation Study lirrllt IS* peopleforbikes.org/resources/u-s-bicyciing- participation-report/ *Based on state law and City Snapshot submissions ADDITIO \AL RESOURCES -A Guide for City leaders »Better Bike Share Partnership Identify strategies to address common barriers to Learn best practices for engaging underserved building great bicycling infrastructure. communities through bike share programs. peopleforbikes.org/placesforbikes/resources/ betterbikeshare.org »PeopleForBikes Community Grant Program »Ride Spot Non-profit organizations and local governments can Find, create and share bike rides and events in apply for funding for bicycle projects and advocacy your area with an app designed to help connect initiatives. peopleforbikes.org/apply-now/ people with great places to ride. ridespot.org »Advocacy Alert Program »E-Bike Regulations Local and state advocacy groups can apply Review a comprehensive list of e-bike regulations to communicate and share their issues with in each state. peopleforbikes.org/our-work/e-bikes PeopleForBikes supporters in their area. peopleforbikes.org/local-engagement-portaV I 1 peopleforbikes l CITY LEARN MORE CityRatings.PeopleForBikes,org RATINGS placesforbikes � •-_ � _ . * BICYCLE ''' VIRGINIA BEACH , VA ►,;% FRIENDLY � �COMMUNITY 1'r.'ll 201 J TOTAL POPULATION POPULATION DENSITY _ __ �t OF LOCAL BICYCLE ;, I r E THE LEAGUE 592,602 896 FRIENDLY BUSINESSES o TOTAL AREA;q.miles; # OF LOCAL BICYCLE 497 FRIENDLY UNIVERSITIES 10 BUILDING BLOCKS OF A BICYCLE FRIENDLY COMMUNITY Average Silver Virginia Beach CATEGORY SCORES High Speed Roads with Bike Facilities 35% 0% ENGINEERING ,3.5/i0 Bicycle network and connectivity Total Bicycle Network Mileage EDUCATION 3.5/io to Total Road Network Mileage 48% 14% Motorist awareness and bicycling skills ---- ENCOURAGEMENT Bicycle Education in Schools GOOD EXIELLEM' • Mainstreaming bicycling culture •2/10 -- — ' ENFORCEMENT Z•3/io Share of Transportation Budget Promoting safrty and ptotecting bicyclists'rights Spent on Bicyding 11% UNKNOWN ' P cY g EVALUATION&PLANNING ---'---- Setting targets and baying a plan 4.5/40 Bike Month and GOOD ACCEPTABLE Bike to Work Events Active Bicycle Advocacy Group YES YES T rrginia • KEY OUTCOMES average Silver Beach Active Bicycle Advisory Committee MEETS EVERY MEETS EVERY; RIDERSHIP 2.7% 0.58% TWO MONTHS TWO MONTHS Percentage of Commuters who bike SAFETY MEASURES Bicycle—Friendly Laws&Ordinances GOOD AVERAGE .i CRASHES 537 770 • Crashes per zok bicycle commuters Bike Plan is Current and is Being SIDNIEihINAT; SAFETY MEASURES Implemented YES (1011) FATALITIES 6.3 5.8�' Fatalities per sok bieyck commuters Bike Program Staff to Population 1 PER 78K 1 PER593K q KEY STEPS TO SILVER » Continue to expand the bike network and increase connectivity » Provide education to law enforcement officers on bicycle safety, through the use of different types of bicycle facilities appropriate for bicycling skills,and traffic laws as they apply to bicyclists and motorists. the speed and volume of motor vehicle traffic on each road.Develop Expand the bike patrol unit to improve bicyclist/officer relations. an inventory of on road bicycle facilities by posted roadway speeds to >> Adopt a comprehensive road safety plan or a Vision Zero policy to better evaluate the current bikeway network. create engineering,education,and enforcement strategies to reduce » Consider launching a city-wide bike share system that is open to the traffic crashes and deaths for all road users,including bicyclists and public,including residents and visitors. pedestrians.Road diets,lane diets,and traffic calming treatments are >> Develop in-person bicycle education opportunities for adults. important engineering components for addressing safety. Consider ways to target demographics who currently do not feel safe » Work with law enforcement to ensure that enforcement activities are riding with classes or events that address their concerns. targeted at motorist infractions most likely to lead to crashes,injuries and fatalities among bicyclists.Traffic enforcement activities should be >> Increase the number of local League Cycling Instructors(LCIs)in data-based and your community,either by hosting an LCI seminar or sponsoring a City lead to crashes,responsive to behaviors that have been observed to injuries,and fatalities. staffer,Police Officer,and/or local bike advocate to attend an existing `' seminar elsewhere. » Adopt a target level of bicycle use(percent of trips)to be achieved » Improve Bike Month activities by creating a Bike to Work Day event within a specific timeframe,and ensure data collection necessary to for commuters and a Bike to School Day event for local students. monitor progress. LEARN MORE )) WWW.BIKELEAGUE.ORG/COMMUNITIES SUFFORTEDBY nND LEAGUE•.+EMBERS z H LL w J J z -. _O N H z W I-- z W 0_ C/) I H .: ... „ , i 0 _ , " r •d - - M , ry >�ff, 1 RI w ., t Q - 4 ;'t C/D Li-I +4 .. ! 0 . N` C/, CD { CD • 0 A 4 CMEn . >< * w4q C=:1 - .- , - ,_ L.L.! CIO=CLiMi 40..i.,,,,,,, ,,'„,:-.4.1:;!i'::'..._,,,,, CITY OF VIRGINIA BEACH I APPENDIX D I VDOT COST ESTIMATES APPENDIX D I VDOT COST ESTIMATES TRANSPORTATION&MOBILITY PLANNING DIVISION STATEWIDE PLANNING LEVEL COST ESTIMATES BICYCLE AND PEDESTRIAN FACILITIES Cost Year:2017 Inflation Rate:3.0%annually Cost Year:2017 Costs include 25%for PE and Construction Contingencies Cost Bristol, Culpeper, NOVA Per Mile Fredericksburg, Lynchburg, Hampton Roads Richmond,Salem,Staunton The following typical section estimates do not include bridge, right-of-way(ROW)or other improvement costs. Use the bridge unit costs, ROW percentages and other improvement costs(highlighted in gray)figures provided below to add these additional costs to the planning level construction estimate. Urban Typical Sections LOW HIGH LOW HIGH Bike Lanes 4' CPM $560,000 $840,000 I $650,000 $990,000 pavement both sides Rural Typical Sections l 1 Bike Lanes 4' CPM $467,000 $690,000 $546,000 I $822,000 pavement both sides j_ I As noted above, bridge costs are not included in the typical section CPM figures above. Bridges represent a significant cost and it is important to use the figures below to estimate bridge costs for a planned improvement. Estimates are calcluated based on the square footage of the bridge->Bridge Cost=(total bridge length in feet x total bridge width in feet)x Square Footage Costs Bridge Cost LOW II HIGH LOW HIGH Under 3000 Sq.Ft. $250 $450 $300 $500 3000 Sq.Ft.to 12,500 Sq.Ft. $200 $300 $240 $330 Over 12,500 Sq.Ft. $150 $225 $180 $250 When applicable,the costs highlighted should be added to the construction costs when developing a planning level estimate.All other improvement costs(not highlighted)are for developing stand alone improvement cost estimates. Other Improvement Cost 1 LOW I HIGH LOW j HIGH Provide New Signal $228,000 $424,000 $265,000 $583,000 Modify Existing Signal $138,000 $297,000 $164,000 $339,000 Improve phasing for signalized intersection Cost Per $11,000 $16,000 $13,000 $19,000 Intersection Provide pedestrian signal phase ® $50,000 . $60,000 S60,000 $80,000 Provide pedestrian crosswalk @ $20,000 $30,000 $30,000 $40,000 Provide 5 ft.sidewalk(Based on Exist Projects) CPM $313,000 $1,013,000 $382,000 $1,167,000 Provide 5 ft.sidewalk(Based on PCES) $212,000 $255,000 $276,000 I $308,000 Wide Curb Lane(2 additional feet of pavement in each direction) 2 additional feet of pavement in each C&G not $400,000 $500,000 ! $480,000 $625,000 direction) added 2 add feet of pvmnt in each direction with With C&G $1,450,000 $1,920,000 $1,653,000 $2,180,000 C&G Paved Shoulder(4 foot wide paved shoulder in GS-4 $406,000 $518,000 $496,000 $608,000 both directions) G S-3 $580,000 $740,000 ; $708,000 $868,000 Provide loft,paved shared use path off road CPM $1,120,000 $1,800,000 $1,125,000 , $2,200,000 126 CITY OF VIRGINIA BEACH I APPENDIX D I VDOT COST ESTIMATES 1 Right of Way&Utilities Cost%of Cost Estimate I LOW HIGH LOW HIGH I Rural 25% 35% 30% 40% 1 Residential/Suburban low density 50% 65% 55% 70% Outlying business/Suburban high density y 60% 100% 75% 125% Central business district _ 100% 125% 125% 150% Note:Recommend consulting right of way staff or using professional judgement when applying these. Planning Level Cost Estimate=((Typical Section CPM x project length in miles)+(Other Improvement Costs)x(ROW%+1)); Bridge Costs=(Bridge 1 total square footage x bridge unit cost)+(Bridge 2 total square footage x bridge unit cost)... i 127 H _2 (N G) m Z H m Z H O z r r m m H C Z Item # 1 City of Virginia Beach An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan the Virginia Beach Active Transportation Plan 2021 which will supersede the Virginia Beach Bikeways and Trails Plan 2011 and to Amend Section 2.1 (Master Transportation Plan) and text pertaining to Active Transportation January 13, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Our next order of business is the Consent Agenda, which the Vice Chair will take over. Mr. Wall: Okay, thank you Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Application number 1, 4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with an amended condition or with an added condition concerning forested buffer. The Planning Commission also 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 supports the applications, and there are no speakers signed up to comment. These include agenda items number 21, 23, 25, 26, and 27. Mr. Weiner: Thank you Commissioner Wall. Can I get a motion to approve the items on consent, please. Mr. Wall: I make a motion that these items be approved by consent. Ms. Klein: Second. 1 1 Mr. Weiner: Okay. I got a approval by Commissioner Wall and a second by Ms. Klein, ready for vote. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: Vice Chair Wall. Mr. Wall: Yes. Ms. Coleman: And, Chairman Weiner. 2 Mr. Weiner: Yes. Ms. Coleman: By record vote of 10 for and zero against, agenda items 1,4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 19, and 20 with the added condition for the 20- foot buffer. 21, 23, 25, 26, and 27 have been approved on the Consent Agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 I. UNFINISHED BUSINESS J. NEW BUSINESS K. 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. If you wish to make comments during the meeting, please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e29d064d 125ece05edbce2ede39 2dd192 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnes@vbgov.com prior to 5:00 p.m. on February 16, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/02/2021 PAGE: 1 B AGENDA R �, ITEM# SUBJECT MOTION VOTE A L 11 VV' B U E J R T l O B C D N 0 M 0 0 1. W O 0 C Y L N 0 U W S 0 T THEEES S E O O E T I R Y S S E RNDN II CITY MANAGER'S BRIEFINGS A. 2021 VIRGINIA BEACH ACTIVE Elaine Linn,Active TRANSPORTATION PLAN Transportation Planner— (REPLACING 2011 BIKEWAYS Parks/Recreation AND TRAILS PLAN) B. COMPREHENSIVE PLAN and 2013 Robert J.Tajan,Director— SUSTAINABILITY PLAN Planning/Community UPDATE Development III. CITY COUNCIL DISCUSSIONS A. HB2043(establishment of the Virginia Beach Tourism Authority)— FOLLOW-UP 13 CITY MANAGER BUDGET RESCHEDULED GUIDANCE MEMORANDUM C. STORMWATER MANAGEMENT RESCHEDULED III.IV_ MINUTES APPROVED II-0 l' 'i Y Y V }' Y Y Y Y Y C. SPECIAL SESSION January 19,2021 I) 1 MAYOR'S PRESENTATION Dr.Amelia Ross-Hammond AFRICAN AMERICAN HERITAGE Founder and Chairman MONTH Virginia African American Cultural Center,Inc. Joyce Davis Williams, Union Baptist Church E.I. PUBLIC HEARING 5 SPEAKERS DECLARATION AND SALE OF EXCESS CITY PROPERTY 5694 Wesleyan Drive to Ebenezer Baptist Church G I Ordinance to AMEND City Code ADOPTED,BY I I-0 Y Y Y Y Y Y Y Y Y 1 Y Section 12-21 re coordinator of CONSENT Emergency Management G.2_ Ordinance to SUSPEND City Code ADOPTED,BY I I-0 Y Y Y Y Y Y Y Y Y Y Y Sections 18-49 and 18-50 re CONSENT Alcoholic Beverage License Taxes for Calendar Year 2021 and APPROPRIATE$325,000 from fund balance reserved for Pandemic Relief to provide offsets(Requested by Council Member Tower) G3 Resolution to APPOINT Christopher ADOPTED,BY I I-0 Y Y Y Y Y V Y Y Y Y Y J.Turpin as Assistant City CONSENT Attorney,effective February 11, 2021 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/02/2021 PAGE: 2 1; AGENDA 12 ITEM# SUBJECT MOTION VOTE A L 11 W W B U E J R T I 0 B C U N O M O O L W O O C Y L N O U W S O T T H E E E S S FOOL T I R Y S S E R NDN G.4. Ordinances to AUTHORIZE a ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y temporary encroachment into a CONSENT portion of City property known as: a. Pike Inlet at the rear of 321 Teal Crescent re construct and maintain a proposed wharf b. North Bay at 352 Tuna Lane,located at the rear of 329 Back Bay Crescent re replace and maintain an existing pier and construct G.5. Ordinance to RELEASE the hold on ADOPTED,BY I-0 Y Y Y Y Y Y Y Y Y Y Y fourteen(14)Capital Projects and CONSENT AUTHORIZE the Expenditure of $21.8-Million previously appropriated in the FY2020-2I Capital Improvement Program G 6. Ordinance to APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y 1' Y Y Y Y Y Y $202,920,increased accordingly, CONSENT from the Commonwealth of Virginia to the FY2020-21 Sheriffs Operating Budget and AUTHORIZE the payment of$500 Bonuses re locally funded Sworn Officer Appointees G 7. Ordinance to ESTABLISH a City ADOPTED,BY 11-0 Y Y Y Y 1' 1' Y Y Y Y Y Council and a City Manager's Special CONSENT Pandemic Reserves / TRANSFER from Departments of Police,Fire,and Emergency Medical Services (EMS) FY2020-21 Operating Budgets: $5.4-Million to City Council Special Pandemic Reserve re high-priority City Council initiatives; $3-Million to City Manager's Special Pandemic Reserve re unforeseen pandemic related needs; $1.1-Million to Department of Economic Development re workforce development; $900,000 to Department of Public Works re enhanced pandemic cleaning I1 I/J ADJOURNMENT 6:56 PM OPEN DIALOGUE 3 SPEAKERS 7:05 PM