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Home My WebLink About08-03-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 1Nu+•s MAYOR ROBERT M. "BOBBY"DYER,At Large S 4G .,-, t VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 p4 ` VACANT,Kempsville-District 2 MICHAEL F.BERLUCCHI,Rose Hall-District 3 U I �'' \ , BARBARA M.HENLEY,Princess Anne-District 7 ; "a LOUIS R.JONES,Bayside-District 4 s, .+rM`_ - ++ JOHND.MOSS,At Large AARONR.ROUSE,At Large °F °°. «004' GUYK.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR August 03, 2021 FAX(757)385-5669 CITYAUDITOR-LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 2:30 PM A. LEGISLATIVE UPDATE- GENERAL ASSEMBLY SPECIAL SESSION Debra M. Bryan, Legislative Affairs Liaison(via WebEx) B. FLOOD PROTECTION PROGRAM COMMUNICATIONS UPDATE Valerie Myers, Communications Office C. PENDING PLANNING ITEMS Bobby Tajan, Director—Planning and Community Development Carolyn A.K. Smith, Planning Administrator—Planning and Community Development II. CITY COUNCIL DISCUSSION/INITIATIVES 3:30 PM III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW 3:45 PM VI. INFORMAL SESSION - City Council Chamber- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Chaplain Emeritus Don Hipple Virginia Beach Police Department—4th Precinct C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 6, 2021 July 13, 2021 G. PUBLIC HEARING 1. POLLING PLACE CHANGES a. Avalon Precinct to Fairfield Elementary School b. Windsor Oaks Precinct to Windsor Woods Library c. King's Grant Precinct to King's Grant Elementary School d. Shannon Precinct to Kempsville Elementary School e. Sherry Park Precinct to Woodstock Elementary School f. Independence Precinct to Windsor Oaks Elementary School g. Satellite location for Absentee Voting Kempsville City Treasurer's Office to Meyera Oberndorf Central Library H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES /RESOLUTION 1. Ordinance to AMEND City Code Sections 10-1 and 10-1.1 re polling place changes/ locations and DIRECT the City Attorney and Voter Registrar to seek preclearance for such changes a. Avalon Precinct to Fairfield Elementary School b. Windsor Oaks Precinct to Windsor Woods Library c. King's Grant Precinct to King's Grant Elementary School d. Shannon Precinct to Kempsville Elementary School e. Sherry Park Precinct to Woodstock Elementary School f Independence Precinct to Windsor Oaks Elementary School g. Satellite location for Absentee Voting Kempsville City Treasurer's Office to Meyera Oberndorf Central Library 2. Resolution to APPOINT Robyn Riddick to the position of Deputy City Clerk II,effective July 15, 2021 3. Ordinances to ACCEPT and APPROPRIATE from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2021-22 Human Services Operating Budget: a. $261,080, ESTABLISH three (3) full-time positions and $70,000 in Medicaid Revenue re Step-VA Services b. $272,310 and ESTABLISH three (3) full-time positions re Forensics Discharge Planning Services c. $1,158,936 and ESTABLISH six (6) full-time positions re expansion of the Permanent Supportive Housing Program J. PLANNING 1. 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 (Deferred from February 16, 2021) RECOMMENDATION: APPROVAL 2. 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 2892 Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. BONNEY G. BRIGHT SAND COMPANY for a Modification of Conditions re borrow pit expansion at 200 Princess Anne Road DISTRICT 7—PRINCESS ANNE(most recently approved on September 15, 2020) RECOMMENDATION: APPROVAL K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ee43 7b00b7f5e01074e04bbfb 1 bee517c 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 3, 2021. MAYOR ROBERT M. `BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 2:30 PM A. LEGISLATIVE UPDATE- GENERAL ASSEMBLY SPECIAL SESSION Debra M. Bryan, Legislative Affairs Liaison(via WebEx) B. FLOOD PROTECTION PROGRAM COMMUNICATIONS UPDATE Valerie Myers, Communications Office C. PENDING PLANNING ITEMS Bobby Tajan, Director—Planning and Community Development Carolyn A.K. Smith, Planning Administrator—Planning and Community Development II. CITY COUNCIL DISCUSSION/INITIATIVES 3:30 PM III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW 3:45 PM VI. INFORMAL SESSION - City Council Chamber- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Chaplain Emeritus Don Hipple Virginia Beach Police Department—4th Precinct C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 6, 2021 July 13, 2021 G. PUBLIC HEARING 1. POLLING PLACE CHANGES a. Avalon Precinct to Fairfield Elementary School b. Windsor Oaks Precinct to Windsor Woods Library c. King's Grant Precinct to King's Grant Elementary School d. Shannon Precinct to Kempsville Elementary School e. Sherry Park Precinct to Woodstock Elementary School f. Independence Precinct to Windsor Oaks Elementary School g. Satellite location for Absentee Voting Kempsville City Treasurer's Office to Meyera Oberndorf Central Library Cl!) PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE POLLING LOCATIONS IN VIRGINIA BEACH The City Council of Virginia Beach,Virginia at its formal session on August 3,2021 at 6:00 PM will conduct a public hearing upon an ordinance to change the polling places for the Avalon Precinct,Windsor Oaks Precinct, King's Grant Precinct, Shannon Precinct,Sherry Park Precinct and Independence Precinct. They will also conduct a public hearing to change the satellite voting location from the Kempsville City Treasurer's Office to the Meyera Oberndorf Central Ubrary. The public hearing will be held in person and virtually. Speakers may sign up and speak at the City Council Chamber in City Hall or by the virtual method proscribed below. If adopted, the new locations will be Fairfield Elementary, Windsor Woods Library, King's Grant Elementary, Kempsville Elementary, Woodstock Elementary,and Windsor Oaks Elementary,respectively. A copy of the aforesaid ordinance and related map may be inspected in the Voter Registration and Election's Office,which is located at 2449 Princess Anne Road, Municipal Center,Building 14,Virginia Beach,Virginia, 23456. 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: pttos.//vbpov webex rom/vbvov/onstage/e oho ?MTID=ee437h00h7f5e01074e04bbfO1hew5t 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on August 3,2021. If you are physically disabled or visually impaired and need assistance at this meeting. please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired,call: TDD only 711(TDD-Telephonic Device for the Deaf). All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-JULY 25,2021 and August 1,2021 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES /RESOLUTION 1. Ordinance to AMEND City Code Sections 10-1 and 10-1.1 re polling place changes/ locations and DIRECT the City Attorney and Voter Registrar to seek preclearance for such changes a. Avalon Precinct to Fairfield Elementary School b. Windsor Oaks Precinct to Windsor Woods Library c. King's Grant Precinct to King's Grant Elementary School d. Shannon Precinct to Kempsville Elementary School e. Sherry Park Precinct to Woodstock Elementary School f. Independence Precinct to Windsor Oaks Elementary School g. Satellite location for Absentee Voting Kempsville City Treasurer's Office to Meyera Oberndorf Central Library 2. Resolution to APPOINT Robyn Riddick to the position of Deputy City Clerk II,effective July 15, 2021 3. Ordinances to ACCEPT and APPROPRIATE from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2021-22 Human Services Operating Budget: a. $261,080, ESTABLISH three (3) full-time positions and $70,000 in Medicaid Revenue re Step-VA Services b. $272,310 and ESTABLISH three (3) full-time positions re Forensics Discharge Planning Services c. $1,158,936 and ESTABLISH six (6) full-time positions re expansion of the Permanent Supportive Housing Program jjj ! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 10-1 and 10-1.1 of the City Code to Make Four Temporary Polling Locations Permanent, Move Two Polling Locations, Move a Satellite Absentee Voting Location, and Update the Names of Four Buildings and to Direct the City Attorney and Voter Registrar to Seek Preclearance for Such Changes MEETING DATE: August 3, 2021 • Background: The Virginia Beach Electoral Board voted in June to make four temporary polling locations permanent, to move two polling locations, and to move one of the satellite absentee voting locations. Additionally, a review of the list of polling locations resulted in a need to update the names of buildings that are used as polling locations. Permanent Change for the Temporary Polling Locations In 2020, COVID-19 concerns prompted the hosts of four polling locations that were in churches to decline to continue to serve as polling locations. Each of these occurrences required the Voter Registrar to seek emergency authorization from the State Board of Elections to allow the utilization of a temporary polling location. The attached ordinance would make these changes permanent. These four locations are as follows: Windsor Oaks Elementary School for the Independence Precinct; King's Grant Elementary School for the King's Grant Precinct; Kempsville Elementary School for the Shannon Precinct; and Woodstock Elementary School for the Sherry Park Precinct. Each of these schools served as polling locations for the June 2020 primary election and the November 2020 general election. These locations have ample parking for election day requirements. Two Polling Location Changes The Electoral Board requested two polling location changes. Both are related to the permanent moves discussed above and are intended to avoid having a shared polling location for two precincts. With Windsor Oaks Elementary School becoming the polling location for the Independence Precinct, the polling location for the Windsor Oaks Precinct would move from Windsor Oaks Elementary School to Windsor Woods Library. With Woodstock Elementary School becoming the polling location for the Sherry Park Precinct, the polling location for the Avalon Precinct would move from Woodstock Elementary School to Fairfield Elementary School. Satellite Absentee Voting Location Change There is one change to the satellite absentee voting locations. This moves the location from the Kempsville Office of the City Treasurer to the Meyera Oberndorf Central Library. The Kempsville Office of the City Treasurer had space limitations, and it was the location with the longest wait times last November. The move to the Central Library should allow more space for in-person absentee voting, which should increase throughput and decrease wait times. This library is centrally located, and the Virginia Beach Boulevard corridor has unparalleled access to public transportation in the City. Updates to Building Names Staff periodically reviews the list of buildings to make sure the names listed in the City Code align with the names on the buildings. During such a review, three such name changes were identified. These changes are not substantive and should assist in avoiding confusion. These changes are as follows: o Cape Henry Precinct: Edgar Cayce's Association for Research and Enlightenment, formerly listed as Research and Enlightenment Building (Edgar Cayce Library); o South Beach Precinct: Museum of Contemporary Art, formerly listed as Contemporary Art Center of Virginia; and o Wolfsnare Precinct: Wave Church (Old Donation location), formerly listed as Virginia Beach Christian Life Center. Additionally, with the locational identifier for the Old Donation location of Wave Church, the other Wave Church location, Seaboard, will include a locational identifier. • Considerations: All of the proposed new polling locations meet the requirements of the Americans with Disabilities Act. The ordinance includes direction to the City Attorney and Voter Registrar to seek a certification of no objection from the Office of the Attorney General, which would be required prior to administering elections from the polling locations. Provided the City is able to obtain the certification of no objection, the changes will be administered for the general election in November. ■ Public Information: As required by Section 24.2-306 of the Code of Virginia, notice of these proposed changes will be published in the newspaper once a week for two consecutive weeks. All voters in the precinct will receive a new voter notices with the name and address of the new polling location. An advertisement will be placed in the newspaper prior to the November Election. • Recommendations: Adopt the proposed change. • Attachments: Ordinance; maps (7) Recommended Action: Approval Submitting Department/Agency: Voter Registrar's Office V City Manager: 1 AN ORDINANCE TO AMEND SECTION 10-1 AND 2 10-1.1 OF THE CITY CODE TO MAKE FOUR 3 TEMPORARY POLLING LOCATIONS 4 PERMANENT, MOVE TWO POLLING LOCATIONS, 5 MOVE A SATELLITE ABSENTEE VOTING 6 LOCATION, AND UPDATE THE NAMES OF FOUR 7 BUILDINGS AND TO DIRECT THE CITY ATTORNEY 8 AND VOTER REGISTRAR TO SEEK 9 PRECLEARANCE FOR SUCH CHANGES 10 11 SECTIONS AMENDED: §§ 10-1 & 10-1.1 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 16 1. Sections 10-1 and 10-1.1 of the City Code are hereby amended and reordained to 17 read as follows: 18 19 Sec. 10-1. Establishment of precincts and polling places. 20 21 There are hereby established in the city the following precincts and their respective 22 polling places, as set forth below: 23 24 Precinct Polling Place 25 26 Alanton Alanton Elementary School 27 Aragona Bayside Sixth Grade Campus 28 Arrowhead Arrowhead Elementary School 29 Avalon 30 Fairfield Elementary School 31 Baker Ebenezer Baptist Church 32 Bayside Bayside Elementary School 33 Bellamy Salem Middle School 34 Blackwater Blackwater Fire Station 35 Bonney Princess Anne High School 36 Brandon Brandon Middle School 37 Brookwood Brookwood Elementary School 38 Buckner Green Run Baptist Church 39 Cape Henry Research and Enlightenment Building (Edgar 40 41 Edgar Cayce's Association for Research and 42 Enlightenment 43 Capps Shop Back Bay Christian Assembly 44 Centerville Centerville Elementary School 45 Chesapeake Beach Bayside Baptist Church 46 Chimney Hill Rosemont Elementary School 47 College Park College Park Elementary School 48 Colonial Colonial Baptist Church 49 Colony Lynnhaven Colony Congregational Church 50 Corporate Landing Corporate Landing Middle School 51 Courthouse Kellam High School 52 Creeds Oak Grove Baptist Church 53 Cromwell Landstown High School 54 Culver Ocean Lakes High School 55 Dahlia Green Run High School 56 Dam Neck Corporate Landing Elementary School 57 Davis Corner Bettie F. Williams Elementary School 58 Eastern Shore Eastern Shore Chapel 59 Edinburgh St. Aidan's Episcopal Church 60 Edwin Kempsville Middle School 61 Fairfield Kempsville Presbyterian Church 62 Foxfire Wave Church (Seaboard location) 63 Glenwood Glenwood Elementary School 64 Great Neck All Saints Episcopal Church 65 Green Run Green Run Elementary School 66 Haygood Haygood United Methodist Church 67 Hillcrest New Castle Elementary School 68 Hilltop Freedom Fellowship Church 69 Holland Holland Elementary School 70 Homestead Providence Presbyterian Church 71 Hunt Princess Anne Recreation Center 72 Independence Water's Edge Church 73 Windsor Oaks Elementary School 74 Indian Lakes Indian Lakes Elementary School 75 Indian River San Lorenzo Spiritual Center 76 King's Grant 77 King's Grant Elementary School 78 Kingston King's Grant Presbyterian Church 79 Lake Christopher New Covenant Presbyterian Church 80 Lake Joyce Morning Star Baptist Church 81 Lake Smith Bayside Church of Christ 82 Landstown Landstown Community Church 83 Larkspur St. Andrews United Methodist Church 84 Lexington Larkspur Middle School 85 Linkhorn Virginia Beach Community Chapel 86 Little Neck Lynnhaven United Methodist Church 87 London Bridge London Bridge Baptist Church 88 Lynnhaven John B. Dey Elementary School 89 Magic Hollow Virginia Beach Moose Family Center 90 Malibu Malibu Elementary School 91 Manor Providence Elementary School 92 Mt. Trashmore Windsor Woods Elementary School 93 Newtown Good Samaritan Episcopal Church 94 North Beach Galilee Episcopal Church 95 North Landing Hope Haven 96 Ocean Lakes Ocean Lakes Elementary School 97 Ocean Park Bayside Community Recreation Center 98 Oceana The Gathering at Scott Memorial United 99 Methodist Church 100 Old Donation Calvary Baptist Church 101 Pembroke Pembroke Elementary School 102 Pinewood Lynnhaven Presbyterian Church 103 Plaza Lynnhaven Elementary School 104 Pleasant Hall Emmanuel Episcopal Church 105 Point O'View Point O'View Elementary School 106 Red Wing Seatack Elementary 107 Rock Lake Salem Elementary School 108 Rosemont Forest Rosemont Forest Elementary School 109 Roundhill Salem High School 110 Rudee W. T. Cooke Elementary School 111 Salem Woods Parkway Elementary School 112 Sandbridge Tabernacle United Methodist Church 113 Seatack Mount Olive Baptist Church 114 Shannon Church of the Ascension 115 Kempsville Elementary School 116 Shelburne Christopher Farms Elementary School 117 Shell Unity Church of Tidewater 118 Shelton Park Shelton Park Elementary 119 Sherry Park 120 Woodstock Elementary School 121 Sigma Red Mill Elementary School 122 South Beach Contemporary Art Center of Virginia 123 Museum of Contemporary Art 124 Stratford Chase Kempsville Area Library 125 Strawbridge Strawbridge Elementary School 126 Tallwood Tallwood Elementary School 127 Thalia Thalia Elementary School 128 Thoroughgood Independence Middle School 129 Timberlake White Oaks Elementary School 130 Trantwood Great Neck Baptist Church 131 Upton Three Oaks Elementary School 132 Village Thalia Lynn Baptist Church 133 Windsor Oaks Windsor Oaks Elementary School 134 Windsor Woods Library 135 Witchduck Bayside Presbyterian Church 136 Wolfsnare Virginia Beach Christian Life Center 137 Wave Church (Old Donation location) 138 Central Absentee Voter Agriculture/Voter Registrar Building 139 Precinct 140 141 Sec. 10-1.1. — Satellite absentee voting locations; notice. 142 143 (a) As authorized by Code of Virginia § 24.2-701.2, the satellite offices to be used in the 144 city for absentee voting in person are the following locations: 145 Bayside Recreation Center, 4500 First Court Road 146 Great Neck Recreation Center, 2521 Shorehaven Drive 147 Seatack Recreation Center, 141 S. Birdneck Road 148 Treasurer's se Kempsyill 5340 Fairf chopping Center 149 Meyera Obemdorf Central Library, 4100 Virginia Beach Boulevard 150 151 (b) The general registrar shall provide notice of such absentee voting locations at the 152 office of the voter registrar and at the voter registrar's website. Such notice will include 153 information regarding what time the location is available for in-person absentee voting 154 and other pertinent details. 155 156 157 2. The City Attorney and Voter Registrar are hereby directed to seek a certification of 158 no objection from the Office of the Attorney General using the preclearance procedure 159 provided by Virginia Code § 24.2-129(D). The changes authorized herein shall not be 160 administered unless and until the Attorney General has provided such certification or if 161 60 days lapses without the Attorney General interposing an objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I , oter Registrar y's Office CA15503 R-2 July 23, 2021 AVALON PRECINCT(025) Move polling location from Woodstock Elementary Schools to Fairfield Elementary School (blue circle) • r Elizabeth `'" Woodstock K E. Cove Whitehurst rrrr, _ =a Pa Landing R"' 5 Woods of Lakeville Estates :'r -' Avalon Avalon '<%dhwen Ct Terrace F field Shores r HamlF!Ry Yro,xi,rx l Cove Part `- r E.n I, Ca k rri021, r brar[h u 'ro�r'0, r _ Aval n VI,,, Q r , .. _ Woodstocc .._si% a Fan field Westvrew - c Village k au held Fai Woodstock ba, ark Forest _ ' Me:S' , Providence 0 -ixsxr = P ,e.Presbyterian. L an din gWoodstoc k ESre oodstock ES `- Englyshe O' Homestead Knob Hill 025 Maker 57 Sherry Park;. Avalon * Lille:* ,� -b^Y;:� ire Haven Height r'o.'ye'tt ila 1prov de+'r:cM _ N girw•rc!\.�. r,. _ Birnam ChaI Wtridslock - Meadows Lan Pack ,. Avalon Hills Homestead Wirt tehu ret ,,�< Manor o i ""•,/ dar::o iL 4' F 4V Whitehurst 7 c - A%Fen i:r s 052Gr ove 1 j E " ;u r Cedar Hill i �` ,� Wo dlrav en 7( '0"- Cear Susanna Whiteurst ! -` ii p Smith Estate Woods ' Laval ' 'n H/I Fnn. 1 Green Park C Beech alk "rl'f r` r e ' Ttontpkins Landing ��' Lan, nq Lake Archway it t4f .,r _it. _Z. Wight rk Saginaw Birrran t it Estates WINDSOR OAKS PRECINCT(036) Windsor Woods Library •Rosemont Health Checkered Flag and Rehab'' Hyundai World P Advance Auto Parts • Advanced Fuller School Budget Truck Rental 9 ^V Of Massaor. ge Therapy OPremier Auto Brokers Lynnhaven Qi Elementary School ir LoanCare9 ©Speedway g gyres: s rMrry 4 N�'A,c• Wawa9 s i 6 = Ma,KM,.s fi R 8 0 0 , a .F F 4 < Goodwill Wi.•_. di e a T. ,,.,,,,.-, Woods r ad Store . dam' e Windsor Woods© .. ElementarySchoolH QPlaza Christian Aca emy % a� Tm .tr..nae iiP +rr �i L as ,,,,,e 'Windsor Woods Library 437 / �Q`,,, Kahiau s Bakery&Cate 9 .,T �l s Plaza Tra\ +, Sr S Pla •Trail 4 "4.. ye S Plaza Trail w cvS Q / sera''.° ff ,ate Sp1aza Trail L�e1ti `ar omaawaca° ` s,oare„�0, sranoi sr sr.4"ae7a SU/na Or Ten.*T•e+ � Soma Dr SMA Siena Dr ADr Signs Dr teriws �. i I. y A i 3 i i � i arnerae a c) "s t a coaew,Bno Ne ¢ a 9t G t .,LF KINGS GRANT PRECINCT(047) King's Grant Elementary School F 0St itampin'Studio St Nicholas Q o� 9 Catholic Church D 2 ME Cox Center Express Valet VA 9S0 e For Elder Day Care V 'r Qa a�� Z` r `�z 'hd°� ��ad �s` 1 ., �•Po ,9s iso 11111 'b 72(� �d 8 7.3 )mac: d,N - - - Q moo'John G.Merna Stacy'-:-E-(Zr eations Music In Motion 0 9 ing's Grant Dance Studio elementary School v h cc o° Cashless Technologies 9 2Py c c �� ©Lynnhaven Baseball '� ham Fields Trant field P7 C 2 _ ,3 c>`P7 S rog,, �`C ye v �0. q e sic ro epe eta s A..... SHANNON PRECINCT(053) Kempsville Elementary School. 0004,IN O N ... .6�� Q a a ,v 19: o w"'°eC i po0 Q i E Nandogh 0 ® E�yr d Q woo, g a 3 "y"mnCI s s € = 6 8 sa Y o' „e�bs„d Fairfield Blvd Fairfield Blvd ° $ Fairfield Kempsville F''` C Blvd Fa chap!r„� 0 Elementary School �� rE At °oo,,, Q 5 ' 9 Rock Church a v Pleasant Hali CI S p!�'S `a e� Mao,O v Food Distribution .iAa 3�,,,s i a„,,, Center-Rock Church... ^wc, ^'"^4 9 Kempsville High School t Q L 0. , Mnv, cDao \ . O, 4rag c C Q SHERRY PARK PRECINCT (057) Woodstock elementary school. c. r- Sassy Lady Bug 1 [s, Emmanuel Church 9 9 Avalon Church of �� Young Musicians Q F Woodstock© of Virginia Lakeville Townhome VITO IInc Elementary School 9 old crony aRa Apartments 9 New Song Fellowship 9 prov der�cr Mon:oe providence Rd Prowdenc License To Kill,Inc Rd V�e�ead 7-Eleven lean oe4Nv.r a Rd Pro.,,d.: r pto Q Sleep Specialists Providence Rd Kempsville is Moore Expressions=of Tidewater PONY Baseball V dad o ® College Park KinderCare 9 Rr�er il 9CVS DTV BB&T Aqua Leisure fl ' Pools Spa 8 Fire 7 Providence v9 Speedway Park Jack Rabbit Storage Na dee s Skymart Auto 11 9 -Providence Rd 5' 9 7-Eleven 9 DedrvKt DOA Arms U m .wa 6,0.4j IS,3nd`SOaJfrIVC;r.�-P 9 1Christian Church Uniting m w INDEPENDENCE PRECINCT(098) Windsor Oaks Elementary Lineberry Park Cr' __w-Ha c` 4 franGS y c Episcopal$1 Church o z us Windsor Oaks Jennifer Art 3 .-a ( EiementarYScho ,,) O o a Q Tw z G'.+°' "4,,,, e` Hannibal Street Neighborhood.. m w N O Q° 01 _ 9 Retro Intensity Ug FrD n Fmytqt.„ y,,'b Gi st a 4a'°,ry C� D FyttpN In a 4d 4�G ,... ky $ PSo 4 1gS = Q. Bow ernek ehu isairsommummi s. ''a Ac g a C-d.,Pe Ru SATELLITE ABSENTEE IN PERSON LOCATION Meyera Oberndorf Central Library 4210-100 -_ --.__�_` • ' -_1 306 308 + 3961 220 t EMS `'_<� 'if_ ; _ Headquarters 300 306 jr 4317 _,imewitireirralim 300` 309 41N 2Q ; ,1 305 1111114111 • 301 216-115 4216-130 f.:--_I j - - ilailaLtjedig , MOO i0 ) ,- - 4216-160 EMS ..... ) tY radgwners �_� � 4216-170 1 4100 028 M a Lt110ry / • . �/ — �,� 3169-600 4169-500 f ~`` _ ,_ - - /' ` H 4169-250 ,14143--'.-- _ 05 41d6 I 4169-123 I \ 07 (/ s 4043 i au I I 3 208-102A076 20817( ..--.. -102F SU aE / mi / / 7! �,.-� 1 , r--- • fEci ;: CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution Appointing Robyn Riddick to the Position of Deputy City Clerk II MEETING DATE: August 3, 2021 • Background: Section 2-77 of the City Code provides that "[t]he council may appoint such deputies to the city clerk as it deems necessary to serve at the pleasure of the city clerk." • Considerations: This resolution appoints Robyn Riddick to the position of Deputy City Clerk II, effective July 15, 2021 . • Recommendations: It is recommended that City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt resolution Submitting Depament/Agency: City Clerk CJV ) City Manager:t'41)i 1 A RESOLUTION APPOINTING ROBYN RIDDICK TO 2 THE POSITION OF DEPUTY CITY CLERK II 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-77 of the City Code, Robyn Riddick is hereby appointed to 8 the position of Deputy City Clerk II, effective July 15, 2021 . 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: ity Clerk City Attorney's Office CA15497 R-1 July 16, 2021 z i s; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $261 ,080 from the Virginia Department of Behavioral Health and Developmental Services, Estimate and Appropriate $70,000 in Revenue from Charges for Services, and Establish Three Positions within the Department of Human Services for the Expansion of Outpatient Behavioral Health Services MEETING DATE: August 3, 2021 • Background: In 2017, the Virginia General Assembly adopted legislation to institute the System Transformation, Excellence and Performance in Virginia (STEP-VA) initiative. STEP-VA was designed to improve community behavioral health services available to Virginians throughout the Commonwealth, all Community Services Boards and/or Behavioral Health Authorities, including the Virginia Beach Department of Human Services, are required to provide STEP-VA services. There has been a graduated implementation of steps as additional funds are added by the General Assembly. As one of the nine required services under STEP—VA, the Outpatient Behavioral Health Services step is designed to ensure the provision of high quality, evidence-based, trauma- informed, culturally competent, accessible behavioral health services that addresses a broad range of diagnoses and considers an individual's course of illness across the lifespan from childhood to adulthood. Outpatient service treatments are provided on an hourly schedule, on an individual, group or family basis, and usually in a clinic or similar facility. Outpatient services may include diagnosis and evaluation, screening and intake, counseling, psychotherapy, behavior management, psychological testing and assessment, laboratory and other ancillary services, medical services, and medication services. Outpatient mental health and substance use services are foundational services for any behavioral health system. • Considerations: Implementation of Outpatient Behavioral Health Services began in FY 2019-20 through a $15 million General Assembly appropriation. An initial expansion of this step was placed on hold during the pandemic. The General Assembly provided an additional $6.9 million in FY 2021-22 to restore the delayed expansion of Outpatient Behavioral Health Services. Of this increased appropriation, Virginia Beach will be allocated $261 ,080. The additional funds received from the Commonwealth will be used to support three FTEs (two Clinicians and an Administrative Analyst). Additionally, the work performed by the FTEs will generate an estimated $70,000 of reimbursement payments from Medicaid; this revenue is also estimated and appropriated in the attached ordinance. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: )a' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $261,080 FROM THE VIRGINIA DEPARTMENT OF 3 BEHAVIORAL HEALTH AND DEVELOPMENTAL 4 SERVICES, ESTIMATE AND APPROPRIATE $70,000 IN 5 REVENUE FROM CHARGES FOR SERVICES, AND 6 ESTABLISH THREE POSITIONS WITHIN THE 7 DEPARTMENT OF HUMAN SERVICES FOR THE 8 EXPANSION OF OUTPATIENT BEHAVIORAL HEALTH 9 SERVICES 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA THAT: 13 14 1. $261 ,080 is hereby accepted from the Virginia Department of Behavioral Health 15 and Developmental Services and appropriated, with revenue from the 16 Commonwealth increased accordingly, to the FY 2021-22 Operating Budget of the 17 Department of Human Services for expansion of the STEP-VA Outpatient 18 Behavioral Health Services step. 19 20 2. $70,000 in revenue from Medicaid is hereby estimated and appropriated, with 21 Charges for Services increased accordingly, to the FY 2021-22 Operating Budget 22 of the Department of Human Services as a result from anticipated payments for 23 services rendered through the expansion of the STEP-VA Outpatient Behavioral 24 Health Services step. 25 26 3. 3.0 FTEs are hereby authorized within the FY 2021-22 Operating Budget of the 27 Department of Human Services to support the STEP-VA Outpatient Behavioral 28 Health Services step. Such positions are contingent upon continued funding from 29 the Commonwealth and Medicaid. 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 y s Office CA15498 R-2 July 22, 2021 `C f.6 ys! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $272,310 from the Virginia Department of Behavioral Health and Developmental Services and to Establish Three Positions within the Department of Human Services for Forensic Discharge Planning Services MEETING DATE: August 3, 2021 • Background: The Virginia Department of Behavioral Health and Developmental Services supports a variety of jail diversion initiatives, which are supported and managed by its Office of Forensic Services. The goal of these initiatives is to identify individuals diagnosed with serious mental illnesses and co-occurring disorders, divert these individuals from involvement within the criminal justice system, and connect them to meaningful services and treatment. Forensic Discharge Planning (FDP) begins with a post-admission screen and assessment of an individual's psychiatric, medical, social service, employment, and residential needs and risk factors. This screening and assessment is provided in conjunction with other service delivery at the Virginia Beach Correction Center. FDP includes development of discharge plans that prioritize goals and objectives that reflect the specific needs of the client. FDP also includes care coordination, identification of treatment needs, and linkage of clients with available services and support options upon release. This process typically begins as soon as possible upon entry into the jail and prior to release. After release, the FDP process connects the client with appropriate services and supports. • Considerations: The Commonwealth has notified the City that it will provide $272,310 in FY 2022, and $252,830 in subsequent years, for FDP services. The funds received will cover the payroll and operating cost for three clinicians. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:OSV 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $272,310 FROM THE VIRGINIA DEPARTMENT OF 3 BEHAVIORAL HEALTH AND DEVELOPMENTAL 4 SERVICES AND TO ESTABLISH THREE POSITIONS 5 WITHIN THE DEPARTMENT OF HUMAN SERVICES FOR 6 FORENSIC DISCHARGE PLANNING SERVICES 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1. $272,310 is hereby accepted from the Virginia Department of Behavioral Health 12 and Developmental Services and appropriated, with revenue from the 13 Commonwealth increased accordingly, to the FY 2021-22 Operating Budget of the 14 Department of Human Services for forensic discharge planning services. 15 16 2. 3.0 FTEs are hereby authorized within the FY 2021-22 Operating Budget of the 17 Department of Human Services to support forensic discharge planning. Such 18 positions are contingent upon continued funding from the Commonwealth. 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: APP VED AS TO LEGAL SUFFICIENCY: (47—AMV -- Budget and Management Services t�iey's Office CA15499 R-2 July 22, 2021 P -- -r roI,.,,, ,,,, ,t, CITY OF VIRGINIA BEACH \. AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate $1 ,158,936 from the Virginia Department of Behavioral Health and Developmental Services and to Establish Six Positions within the Department of Human Services to Expand the Permanent Supportive Housing Program MEETING DATE: August 3, 2021 • Background: The Virginia Department of Behavioral Health and Developmental Services (DBHDS) supports programs to provide permanent supportive housing (PSH) for individuals with serious mental illness. The City of Virginia Beach received its first PSH award from the Commonwealth in FY 2016-17. Subsequently, as more funds have been allocated by the General Assembly for this purpose, the amount received by the City slowly increased. With this increase, the number of individuals supported by the City grew. Most recently, the City was able to provide assistance to 72 qualifying individuals with serious mental illnesses. The General Assembly has approved the distribution of further resources to PSH. With this additional funding, DBHDS intends to address gaps within the current program. Identified needs include: • Increasing program capacity based on community need; • Increasing staff to support lower caseloads and maintain adherence to DBHDS administrative expectations; • Additional staff to support data management, staff supervision, and coordination with internal partners; and • Enhancing other community-based supportive health service programs. Virginia Beach has a high-performing PSH program, with the highest housing stability percentage for the last 12 months (93%). However, Virginia Beach also has a high need for financial subsidies and supportive services. Accordingly, DBHDS invited the Department of Human Services to propose an expansion of the City's PSH program. • Considerations: After review of the proposal submitted by the City, DBHDS provided an award of $1,158,936 to the City for an immediate expansion of the PSH program in FY 2021-22. The funds will cover the cost for 50 additional clients. To administer this expansion, the awarded amount also will be used to support the establishment of six FTEs, five of whom will provide direct client services, and the sixth will manage administrative, billing, and reporting items. The amount provided by the Commonwealth will become a permanent annual amount, thereby increasing Virginia Beach's annual total to more than $2 million to support 122 individuals. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: ri,--v 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $1,158,936 FROM THE VIRGINIA DEPARTMENT OF 3 BEHAVIORAL HEALTH AND DEVELOPMENTAL 4 SERVICES AND TO ESTABLISH SIX POSITIONS WITHIN 5 THE DEPARTMENT OF HUMAN SERVICES TO EXPAND 6 THE PERMANENT SUPPORTIVE HOUSING PROGRAM 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1 . $1,158,936 is hereby accepted from the Virginia Department of Behavioral Health 12 and Developmental Services and appropriated, with revenue from the 13 Commonwealth increased accordingly, to the FY 2021-22 Operating Budget of the 14 Department of Human Services for expansion of the permanent supportive 15 housing program. 16 17 2. 6.0 FTEs are hereby authorized within the FY 2021-22 Operating Budget of the 18 Department of Human Services to support permanent supportive housing. Such 19 positions are contingent upon continued funding from the Commonwealth. 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 o ey s 0 ice CA15500 R-2 July 22, 2021 J. PLANNING 1. 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 (Deferred from February 16, 2021) RECOMMENDATION: APPROVAL 2. 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 2892 Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. BONNEY G. BRIGHT SAND COMPANY for a Modification of Conditions re borrow pit expansion at 200 Princess Anne Road DISTRICT 7—PRINCESS ANNE(most recently approved on September 15, 2020) RECOMMENDATION: APPROVAL .,_..,.,4. pF 44-�b444�� c NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,August 3,2021 at 6:00 p.m.in the Council Chamber at City Hall,Building 1,2.1 Floor at 2401 Courthouse Drive, Virginia Beach, VA 23456. Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV,and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: (ittos://vbeov.webex.com/vbgov/onstage%¢oho MTID=ee437b00b7f5e01074e04bbf01 bees. a 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on August 3,2021. The following requests are scheduled to be heard: 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 Thomas A. Brown (Applicant & Property Owner) Subdivision Variance (Section 4.4(b & d) of the Subdivision Regulations)Address: 2892 Indian River Road GPIN(s): 1493334650, 1493335697 Council District Princess Anne Bonney G.Bright Sand Company(Applicant&Property Owner) Modification of Conditions Address: 200 Princess Anne Road GPIN(s): 2316698832, 2316896801, 2317621327, 2317723259, 2317612520,2317801537 Council District Princess Anne Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach,VA 23452 or online at www.vbgov.com/pc. For information call 757-385- 4621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV, www.vbgov.com and Facebook Live. Please check our website at vivAv.vbgov.com/government/departments/city- clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes BEACON-JULY 18&25,2021-1 TIME EACH 'PDH1 PDH1 wii —j,,,,i, Ipre mpg , PDH1 yirt PDH k PDH1 i��~ -i11 _ 401 r'-- -,igia �� PDH1, PDH1 PD.H=1*�,,, ai, ......„, 0 s -`I till 1 P �H'144� _) pi., ____________ %,te a ' R.�- �;i\i� , ,, ,i,„,,,„,, 1 op f.- IMO p AIM '—AG1 'i sa i . ,p►,. %�1 AG-1 ..., ii, /-----z .4f iii .t.......,... (/ I 0 ' *'iti - el ,-,-�� -I. a PDH1 / -.R D�H.1 ,1'• AG,1 / —10 V ------ _ ir ' ' /Cr( Ili- AG2 PDH1, / / ' \ , / 0"A Site Thomas A. Brown W Property_Polygons 2888 Indian River Road s s Zoning Building Feet PLAN TRANS SURFACES 0 40 80 160 240 320 400 480 fZ Y,'zJ 4; CITY OF VIRGINIA BEACH AGENDA ITEM I 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 MEETING DATE: August 3, 2021 • Background: On February 16, 2021 this item was deferred by City Council as the applicant was not present to address questions pertaining to the removal of trees, drainage, and how the lots will be oriented when developed. The applicant is proposing to reconfigure the property lines of 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 as well (Section 4.4(b)). • 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. In 1961 when the deed was recorded, the property was zoned Agricultural Unlimited (AU) District which did not have specific minimum dimensional requirements for lots, only defined setbacks. Based on this, while substandard today under current agricultural zoning, it met the minimum requirements for parcels in the AU District in 1961 when the lot was created by deed. 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 discourages additional residential density within this area. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Thomas A. Brown Page 2 of 3 Five letters of opposition were received by Staff prior to the Planning Commission public hearing from property owners in the vicinity. These letters noted concerns regarding the removal of trees and potential for an increase in flooding and drainage issues. In an attempt to address these concerns, at the Planning Commission public hearing the applicant agreed to a condition that requires a 20- foot wide Tree Preservation Buffer along the property lines adjacent to the existing neighborhood. The addition of this condition is depicted below as Condition 3 identified below with underline text. Based on City Council's deferral, Staff requested that supplemental documentation be submitted regarding the specifics of trees to be removed, lot drainage, and building orientation. The applicant has opted not to provide this information ahead of the meeting and prefers to explain their situation directly to City Council. • 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. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Opposition (5) Thomas A. Brown Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager: ;; ' INIB Applicant & Property Owner:Thomas A. Brown Agenda Item Planning Commission Public Hearing January 13, 2021 City Council Election District Princess Anne 20 Virginia Beach Request Subdivision Variance (Section 4.4(b& d) of the Subdivision Regulations) Staff Recommendation Aa,,,eas a'"e ,mm. Approval - t is: : vadk.n Driva 40.$4 0 Staff Planner ,uD„ `��g'c joii0P---FaY° 6 s Aubrey A. Trebilcock �. it aa 1 Location 411 St ' 2888 Indian River Road 1 P _ GPINS 444- I 14933480820000, 14934402160000 IF Site Size F. + ,,._ 2.20 acres - ° ,. AICUZ t '". !:- Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District \- . Single-family dwelling, undeveloped Land /AG- -' . ,or ,o4i 0 1 v e,At'r.. 1 Agricultural i y" ,, L Surrounding Land Uses and Zoning Districts is , -. ' Iyy,�,,, North r _, -. ,'' ,1 Single-family dwellings / PD H1 Planned Unit `'. ,jam, . ,- - Development y 3 t 'At' #. South ,. -5'�_ . .r Undeveloped Land/AG-1 Agricultural 1.-' East Undeveloped land/AG-1 Agricultural . West Single-family dwellings/ PD-H1 Planned Unit Development . 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 Required Lot Proposed Lot Required Lot Proposed Line Frontage in Street Line Proposed Lot p Width Width Area Lot AG-1 Frontage Area (feet) (feet) (acre) (feet) (feet) (acre) Parcel4 120 0 150 260 1 1.19 Parcel 5 120 0 150 190 1 1.02 ,- vT`' r4ry/�l', PV/^/1t\60. 9\__ P IPD-H1' PD-H7' �. �S 6-5b'11'Y,' -0! r; --; .ice Zoning History P'"� # Request �C,� y' , W ., ;'� f� ,� �� j�// 1 CUP(Planned Unit Development)Approved 05/11/1999 4� -1 /i ib ��C- MOD Approved 05/13/2008 ''l�-Ar ",, `Il. 2 CRZ(AG-2 to Conditional B-2)Approved 07/07/2009 71,11-7'�a`;' - 4)- 3 SVR Approved 09/15/2015 D why AG..24 CUP(Funeral Home,Cemetery,Crematorium)Approved t `,- 4 03/09/1999 , . -, 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 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 ADT' 15,000 ADT' LOS°"D„) Existing Land Use 2-10 ADT Proposed Land Use 3—20 ADT 'Average Daily Trips gas defined by a Single Family 3as 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 of opposition 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,July 18,2021 and July 25,2021. • 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 July 19, 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 July 30, 2021. Thomas A. Brown Agenda Item 20 Page 5 Existing Lot Configuration ! t6 c.,,,,p 0050060060Se,; \ SS I I ;MN pX50421,07-048/ A.. ,.„,wr saC ••C f 9f1 t, 44 / \OW"rioC,Dgroces:71 / / ,• dle,, ,/ c, . / i •/ ,r . 4' 4k /' i ./' i / • :',' r, i 1 pccao4 ArrrAm 7) i.,_,c..1 6. 1 •?' ..._,.., e , k I PARCEL 5 / ,i' i .E *§ , ____ 44..1,13 10J T._ ---—-- i f 83 e ', ,, 1 ,,• / Crux pC03041001Clen si l I •ti' Na OR fellet.r `'. NOM A MO /4,105117 izte ..,/ ..,.c. -.. ..- 101111121=911 12• 018111:im,.4,3, -.... (I.S-442,J3SC*ACO6C9371 • 2.0 acres ...,, . , 1, ..., N owsmplotomoceoisT) -• PARCEL 4 < N S+.1011 SO T1 ,, ._me 1 ill A011 / N.... 90 (10111.1000:0A1103601Vjs,, AWITVIM WES ' / . MEP MACAIED i ,....„„ -."., t• ,., / 7., 4. II, C\III S. ri fxispos030,11, SW') . AnN FAO RFKP.IN.I LOY. / , . ISOM A IPPON 10,000 ,. MA !AOS-JS--nr. (VS nt Vol 00t29:02143,0) a iskoo , '1S , sq. ft. , , • Iv MATS AS OK y„ t.M OWN We/pewpwaDasowner) \/. ,. It 0.0.r.P TIMOR• --... / / MA i 413-V-/51Z OW/ ,S..._mc. • (Ase pr„•=nco7217'X) P , / ....... Thomas A. Brown Agenda Item 20 Page 6 Proposed Layout � ' / / % tl'KR a 2600606l7:\ Q d+s*R 62aa2Eoo6o96n - q •/. /, I ,,/ (AIM/2335042403Wilff,) F i ° / . �• 6 , 1 il w 4r e r (1r5 AR01n042E606o➢tl)) h . ,LI: e , h a 120 ft tree. PARCEL 5 Parcels 4b'`,i. («s�+p3ox+26o�x+e*, 44,333 sq.ft, ," buffer --- _ r 1.02 acres,; �;' fir' • - -- 'eau.' .-R�,4113-44-4216 pp mesexcerolosKAI'Ei'A0...AA.. .C. Y \• (NSR1200504-r6GWMt'1 'tiB \ !. 91 `\ • , m F0a O460o6096') PARCEL 4 N. '.40E 90n '<-ISO \ Parcel4 • / (A.Al2 ,aW60o9;)� 51,908 sq. ft. / 1.19 acres \ / \es i ',fir �, \,CASRtRS04760060667) fe /�' 1 \ 20 ft tree'" -•. .' .0.c.1Q6$R,r M.14:1 .B1ES4h 46P' "p 0p 6�Y ' buffed �..,663->.6662 �Van It MyAS A RAN /' ��'it, ( a e2 v u) ) / TS' 169,>_.3-227: 1, (`,S 1R PO 906230X6114JA) y1 b. $4 / 1S'AWAIT ONE /(itKIR 12005042600609E 7) ' /' It X PO&AS•-/1 40 LAM I NOA CP PAWL /• I / 114311AS A SIM CPA 1493-M-10A akiri /�_1SQ • (AS46110+202TOW232i 20) 4 , Thomas A. Brown Agenda Item 20 Page 7 Site Photos It t . i' I i i L,: 1 r ill:,'. 'ftt-':: ' `, ,1 I I ' [ of r s.•%,,,� " ,- .11 • 1 I' •• ! t .t • • k C. ;.. t vN.. -- �`; I 1' ,.. x i + rr'i 1 • k" yrif 1 ,. 4 1 '. . ' / f:':1 ,- ' ,"/.-i' {�, .- �� f } }. i. ! ;i. : R + 1 T' y. }' �, l 1,y..i v. �1, •. ni. ;^7 f`If -R. c h t �, t 1 ` YA► r� i K7 it: . .•;„ .,.., •t ., it. ; . ;;7 .. --- !•'4.7fi:-, -1 I '' / •• s ; ' , ., 1 � r . , FI e a .. � � d ?i -Y 11' -1 • . b• . 1 ,' ,.."p• 1. 4 ♦ T� - Thomas A. Brown Agenda Item 20 Page 8 Disclosure Statement APPLICANT'S NAME Z ,444- A ,kowd 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 1 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 Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit Ucense Agreement Wetlands Board �--- • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whither 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 ertains to the a:;lication(s). APPLICANT NOTIFIED OF HEARING DATE: 07/14/2021 ® • NO CHANGES AS OF DATE: 07/14 202: REVISIONS SUBMITTED DATE: �1 rrTT YT.he, d7itaeJ Thomas A. Brown Agenda Item 20 Page 9 Disclosure Statement Virginia Beach y 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.�r �/�J (A) List the Applicant's name:____2:6HAr . EQo000 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) NA (13) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) NA See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is differentApplicant. Check here if the PROPERTY OWNER IS NOT a corporation,partnership, firm, business, or other unincorporated organization. u Check here if the PROPERTY OWNERIS a corporation, partnership, firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: 4/ _ - _ If an LLC, list the member's names: Page 2 of 7 Thomas A. Brown Agenda Item 20 Page 10 Disclosure Statement 'NB Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) Ariq (B) List the businesses that have a parent subsidiary 1 or affiliated business entity relationship with the Property Owner: (Attach list if necessary) ArA "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.Z-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 operatic 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 AM- ` 11 .- Page 3 of 7 Thomas A. Brown Agenda Item 20 Page 11 Disclosure Statement AP P LI CANT Virginia Beach. FYES F AI01 I SERVICE 1 PROVIDER(sesoutlonei sheets 1f 1 ❑ 1X1 Accounting and/or preparer of Kv your tax return El Z Architect/Landscape Architect/ Land Planner C m Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed El El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) /4 1 Construction Contractors IAA , El i Engineers/Surveyors/Agents iV .,b MAIC, Financing(include current ❑ mortgage holders and lenders FEZ selected or being considered to Opttly.)to.) g4424/61 „ provide financing for acquisition p or construction of the property) A1*hd, �r� . InSl Legal Services --_ NA Real Estate Brokers/ '] 0 Agents/Realtors for current and IIw++ anticipated future sales of the / subject property ��`-.�'1Oligee y 1 d .----• SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n �( an interest in the subject land or any proposed development ��I contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? NA Page 4 of 7 Thomas A. Brown Agenda Item 20 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is 1 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. APPLICANTS SIGNATURE DIJA/FQ 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 aTrebiicock@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 lynchni@cox.net From: AI 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 atrebilcockPvbgov.com 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 From: emassie40aol.com 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: 1) 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. 2) 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 Carini 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. __ w 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 1-- 30 LO O Q o O li � o Ory , O O N O O Li) O SIC-(ID V4 \ � x - <Q� _ A \ 0 -pm e \a �� N ot of Peii 2 > b. C--7 / CL oo ''c '- kb; c --..., ajo 10/ 1/4 1-,:, te Olibiiv, %.;) 0 �� co CQ(1.t4' \ Q ''w N (.9 0 6 n i.- 0 O m --- 7- . , >, ._ o E r�s i � O >El 0, ,. r ) D° / ° - - O �� \/ (A CO N COO !/ r oo o � [SD 0 c e � r(........) sL !�. )i2, (V S �4 `ice,.: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THOMAS A. BROWN [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b & d) of the Subdivision Regulations) for the property located at 2892 Indian River Road (GPIN 14933356970, 1493334650). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: August 3, 2021 • Background: The applicant is proposing to reconfigure two agriculturally-zoned lots along Indian River Road, measuring 1.66 and 1.44 acres. The 1 .66-acre lot, addressed as 2892 Indian River Road, was legally created by subdivision plat in 1958 (MB 46 P 1). The 1 .44-acre lot, which has not been addressed, was legally created by Deed in 1949 (DB 269 P 180 and exhibited in MB 24 P 84). Each existing lot is permitted to construct a single-family residence. Neither of the existing lots meet the AG-2 Zoning District minimum requirements for street frontage or lot width, 120 feet and 150 feet respectively. The 1 .66 acre lot currently has 57 feet of street frontage and 62 feet of lot width. The 1 .44 acre lot currently has eight feet of lot frontage and 18 feet of lot width. The resubdivision results in two lots with square footages of approximately 1.46 acres (Parcel 1) and 1 .64 (Parcel 2), thereby meeting the minimum lot area requirement; however, Parcel 2 is proposed to front on a private lane with zero frontage along Indian River Road, short of the 120 feet required in the AG-2 Zoning District (Section 4.4(b)). Since this lot will no longer have direct access to a public street, as required by Section 4.4(d) of the Subdivision Regulations, and the required minimum street line frontage of 120 feet cannot be met (street line frontage is equal to 80% of the required lot width per Section 4.4 (b)) variances to both street line frontage and lot width are required. • Considerations: The proposed reconfiguration will increase the lot width of both lots, resulting in lots that are more in line with existing standards. Consistent with the recommendations in the Comprehensive Plan for this area of Virginia Beach, there will be no increase in density as no new lots are proposed and the existing lots were both legally created in the 1940s and 1950s. While the relocation of the lot lines will eliminate the existing street frontage of the 1 .44-acre lot, albeit minimal, the result of vehicular access exclusively along an existing 15-foot wide private lane is common practice in this area. In fact, five parcels in the vicinity and one Thomas A. Brown Page 2 of 2 other along this private road were created by Subdivision Variance for lack of frontage along a public street. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received one letter of opposition that was provided to the Planning Commission. Concerns noted in the letter were related to impacts to natural resources and what they believed to be an increase in density; however, as noted above both existing lots were legally created, and the request seeks only to rearrange the property lines and not create new lots. • Recommendation: On February 10, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1 . The 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 2892 Indian River Road and 'B' Georgie Wilson 1 .44 AC." dated November 25, 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 Parcel 2 to Indian River Road from the private lane to be known as Lauren Lane shall be maintained at all times, through ingress/egress easement(s). Said easement(s) shall be depicted on the final plat and recorded contemporaneously by deed. 3. The private lane must conform to the Virginia Statewide Fire Prevention Code for fire apparatus access. The lane must be a minimum 20-feet wide; the road surface must be able to support 82,000 of vehicle loading and be all-weather, and the fire apparatus must be able to reach the most exterior wall from an approved roadway within 150 feet. • 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 Dep rtment/Agency: Planning Department * City Manager: Applicant & Property Owner:Thomas A. Brown Agenda Item Planning Commission Public Hearing February 10, 2021 1)13 City Council Election District Princess Anne 8 City Virginia Beach Request Subdivision Variance (Section 4.4(b& d) of the Subdivision Regulations) F Staff Recommendation Fayette Drive; 35 Yadkin Drive L Q' yi Approval a'N Staff Planner j Aubrey A.Trebilcockji I r, Location 2892 Indian River Road GPINs 14933356970, 1493334650 wq.WIa Wn wa 1 lik y Site Size 3.10 acres AICUZ Less than 65 dB DNL Watershed ` Southern Rivers Existing Land Use and Zoning District s. Single-family dwelling/AG-1 &AG-2 i Agricultural tt ).-. 4r 4:Z q�p r.? �"ti 'fit Surrounding Land Uses and Zoning Districts * s r ;:.-.: xw ; North Single-family dwellings, undeveloped/AG-1 . Agricultural & PH-D1 Planned Unit ' �a�!a�°P4x x'' ? � ' Development f; ` South . Indian River Road Undeveloped/AG-2 Agricultural East ;4 ii Private Road d.;kr Single-family dwellings/AG-1 &AG-2 '` Agricultural West Single-family dwellings/AG-2 Agricultural & PH-D1 Planned Unit Development Thomas A. Brown Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant is proposing to reconfigure the two subject lots, measuring 1.66 and 1.44 acres, along Indian River Road. The properties are zoned AG-1 &AG-2 Agricultural Zoning District. • The 1.66-acre lot, addressed as 2892 Indian River Road, was legally created by subdivision plat in MB 46 P 1 in 1958. The 1.44-acre lot,which has not been addressed, was legally created by Deed in DB 269 P 180, and exhibited in MB 24 P 84, in 1949. • The proposal results in two lots with square footages of approximately 1.46 acres (Parcel 1) and 1.64 (Parcel 2).The proposal will result in Parcel 2 no longer having frontage along Indian River Road, only being accessible by a private 15-foot wide private lane. Since the lot will no longer have direct access to a public street, as required by Section 4.4(d) of the Subdivision Regulations, a variance to Section 4.4(d) of the Subdivision Regulations is required. • The 1.66-acre lot currently has 57 feet of street frontage and 62 feet of lot width.The proposal will increase both the street frontage to 67 feet and the lot width to 85 feet.The 1.44-acre lot currently has 8 feet of lot frontage and 18 feet of lot width. As it will lose access to a public street,the street frontage will decrease to 0 feet. The lot width for this lot will increase to 270 feet, as lot width is measured at the front setback of the lot. Since the existing nonconforming street frontage will be decreased even further, a variance to Section 4.4(b) of the Subdivision Regulations is required. Required Street Proposed Line Frontage in Required Lot Proposed Lot Required Lot Proposed g Street Line Width Width Area Proposed Lot Lot AG-2 Frontage Area (feet) (feet) (acre) (feet) (feet) (acre) Parcel 1 120 67 150 85 1 1.46 Parcel 2 120 0 150 270 1 1.64 Zoning History _ # Request \2 1 SVR(Lot width,Access to Public Street)Approved =G, 09/27/2011 / 2 SVR(Access to Public Street)Approved 04/26/2011 .� .,, 3 CUP(TV Transmitter Tower)Approved 03/21/1986 w� e ^ 4 SVR(Lot width,Access to Public Street)Approved p 09/27/2011 " A 5 SVR(Lot size,Access to Public Street)Approved M 12/13/2016 / $ 6 MOD Approved 05/13/2008 CUP(Planned Unit Development?(What is the use?) Approved 05/11/1999 7 SVR(Street Frontage,Access to Public Street)Approved 09/15/2015 CUP(Residential Kennel)Approved 11/21/2018 9 CUP(Funeral Home,Cemetery, Crematorium)Approved 03/09/1999 Application Types Thomas A. Brown Agenda Item 8 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 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 requesting to reconfigure the existing lots to improve the shape and marketability of the lots. Although legally created, neither of the existing lots meet the AG-2 Zoning District minimum requirements for street frontage and lot width.The 1.66 acre lot currently has 57 feet of street frontage and 62 feet of lot width.The 1.44 acre lot currently has eight feet of lot frontage and 18 feet of lot width.The minimum street frontage required is 120 feet and the minimum lot width is 150 feet.The lack of width may limit prospective development closer to the road frontage, particularly on the 1.44 acre lot. The proposed reconfiguration would increase the lot width of both lots.The proposed relocation of the 1.44 acre lot would remove its current minimal street frontage and place it fully along the 15-foot wide private lane where access to the properties is common.This would not be a unique exception within the context of the neighborhood,as the Zoning History above includes several examples of lots granted Subdivision Variances for lack of frontage along a public street. The property directly to the north and along this same private lane, 2884 Indian River Road,was also granted a Subdivision Variance for its lack of street frontage and access to a public street. Both lots will continue to exceed the minimum lot area of the AG-1 and AG-2 Zoning Districts.As no new lots are created and the existing lots are buildable by-right,there will be no increase in residential density.This is consistent with the recommendations of the Comprehensive Plan and Interfacility Traffic Area (ITA)and Vicinity Master Plan which seek to limit the density of residential development within the ITA.As the request is not out of character with the surrounding neighborhood and fits the development pattern recommended by the Comprehensive 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 2892 Indian River Road and 'B' Georgie Wilson 1.44 AC." dated November 25,2020,and Thomas A. Brown Agenda Item 8 Page 3 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 Parcel 2 to Indian River Road from the private lane to be known as Lauren Lane shall be maintained at all times,through ingress/egress easement(s). Said easement(s)shall be depicted on the final plat and recorded contemporaneously by deed. 3. The private lane must conform to the Virginia Statewide Fire Prevention Code for fire apparatus access.The lane must be a minimum 20'wide, the road surface must be able to support 82,000 of vehicle loading and be all-weather, and the fire apparatus must be able to reach the most exterior wall from an approved roadway within 150'. 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 of significance 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 1 Average Daily Trips 2 as defined by a single family 3 as defined by two single family 4 LOS=Level of Service home homes Thomas A. Brown Agenda Item 8 Page 4 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Road 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. 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 January 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24, 2021 and January 31, 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 January 25, 2021. • 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 February 4, 2021. City Council • One letter of opposition has been received by Staff noting opposition to any increase in density and potential enviornmental impacts. • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, July 18, 2021 and July 25, 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 July 19, 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 July 30, 2021. Thomas A. Brown Agenda Item 8 Page 5 Existing Site Layout --,,,j rr \. 1MOYA5 A !1 / 71 CT* 149J-13-7 y y Ot. {trStR H2O&137700013h?C�)f r r Ala F ' , '�.� ' 161 Ka r r ...........4. .4(itsm pcmoogoos•, r , 7� t ' V / r ,. Mal Kt 1 {Nbgt O1W1a0O 31310) Fos 04 f0 pi.Y _, 11c 5A 11R010 / ON 163-34-WO s' ,' `Kra(1020Q40w00S* 7O) hhrr 9 46 P I)-, 1 .66 � . /` 1 .44 acres acres t DIMAS A. eao 100! 1 I i r ,�Ar Mk. I�-33-566i • • �e r {U8t4. P84; / ti vi 1 r I ig / .,./ ft 7.4. ' //\ l Wort ors coR+Ettlr MOMS A. MO CAM 1t93-3 -rut tj' • ,i {Ks6t P.711�925000ltt3M) 15 A A1R LORE ' TOOEIOi10 ! ASLAWN ONE x78. �i l/� az, r 4/AN 11/r' r R/14.134 r 1V44 R EXHIBIT RESUBDNISION Of PP.t.-i k .` i i THOMAS A. BROWN Thomas A. Brown ' Agenda Item 8 Page 6 Proposed Lots \, t A exiot Olt 943-33-7835 , n us%or• _ • / (ma j aaviox23nx,p , it1 F ` f ' MSt Pita \ 79 / _1 SIR, r i40G6'157) / p54 ' ,g :!--' PN Kl T�tI {tk4TR 00/83416X 0i1iPS0) hot R rat 1 1 .64 TttdtltS A.EiCei / C MI-k- acres � ��: / �— / 1 --._ CP01 I M-33-5i97 / NSTR12O,SG 17000sd56%, Is i 1 .46 oil 24,P SI) i / k'C''''' acres a i•a f /, 11 iNi i,rLL / 0, 53.445 SO.F'i. 4 ' 462 AC A£ ` ' f 1\ Ii.;A ..Pi FQRfiE31E'r 1HI MS A. MOWN ' CM 103-33-7721 HST!Wit 0042S000111370) 15 FRIAR LANE , TO EIE KNOWN PS WADI tPat "4a4T- 'Np/4, "�41 1 f R/� R Nit R/� EXHIBIT R°A40 RESUBDNISION THOMAS A. BROWN Thomas A. Brown Agenda Item 8 Page 7 Site Photos - *- ,r r --I-I VP'As..:4-,-!,l' 1.0I.' 7i1.:i,ot-,::,1/4I„> a+c. / f t�j?c a �_ f i1 •.,..-.7e-.„-''':.''.,.-....,1,4'-,7-.:--•=7:.,-::'•... fi1Rj ftbd , ?� r c-1 tip'. ' ') '.,.,....,.7......-A.,.4..'-_'.4:;•1-:4...".-,'-.‘L.'•4....,.'.'..'‘k'7,,'1•H,:-,.:,,i.' ''-,21,..'S-''$44,•t-.f• '' 4•- it• ki`,k 1 3'•,fir t r T ! - d ;!y[r 4a I 't _ / :L`k 4 1 = ` 1*1 t 1�'t 4 '1? },i4-i, y(,� f. 4 ' ,e e! 's ykr �+ it-�a{rr ��"\.� r t1� ? 1I 44 Sic... y ' -- . _ .may ' . ,gin • .s 4. r J3sfi' ': . ,('x' it , l,' 't Y i • 7 . t 5: kr 3 �,, i 'tity4,;,. ' „�iiIk,',I ' ++ ' r i ' Q r , I t s1! _ r .1 s.. - - _ ' -t Y`:« 141° _ ,"!" sue. Thomas A. Brown Agenda Item 8 Page 8 Disclosure Statement Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure '/ Applicant Name /1 HA.S AlefotoAl Does the applicant have a representative? ❑Yes X 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 necessaryl • 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. Hev;sra 11.09.2020 1 I . - Thomas A. Brown Agenda Item 8 Page 9 Disclosure Statement Disclosure Statement A/13 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 Aif 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. 74.0.70 � t;,�AN� 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. G fit' - 7-Ro 4e.6‘in)14a f/ ‘-lCf) 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 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?0 Yes >iNo • If yes,identify the purchaser and purchaser's service providers. 2 � Thomas A. Brown Agenda Item 8 Page 10 Disclosure Statement Disclosure Statement Ik3 " _;, Planning&Community De eiopment r 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 XI 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?X Yes ❑No • If yes,ide ify the firm and individual providing these vice. y � AZ, A� � ��( � . 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes )81 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 Z 1A 4" /1. .�koLJ/l Print Name and Title ///?0/202-e) 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 No changes as of 1 Date O"It2°21 Signature _-1H,/,y_.-c//.i I Print Nan• Aubrey-Tiebilcock Revised 11.09.2020 3 I Thomas A. Brown Agenda Item 8 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. Thomas A. Brown Agenda Item 8 Page 12 Item # 8 Thomas A. Brown [Applicant & Property Owner] Subdivision Variance (Section 4.4(b & d) of the Subdivision Regulations) 2892 Indian River Road February 10, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Ms. Coleman. The next order of business is the Consent Agenda and this will be handled by the Vice Chair, Commissioner Wall. Mr. Wall: Thank you, Mr. Chairman. These applications that are recommended for approval by Staff and the Planning Commission concurred, there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Agenda item number two, number three, number four, number five, number seven, number eight, and number nine. 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 in opposition, items 15, 17, and 18. Mr. Weiner: Thank you, Mr. Wall. Can we have a motion for those items, please? Mr. Wall: Mr. Chairman, I move that agenda item numbers 2, 3, 4, 5, 7, 8, 9, 15, 17, and 18 be approved by consent. Mr. Weiner: Thank you. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Alright, we have a motion by Mr. Wall and a second by Mr. Horsley. We are ready for the vote. Mr. Tajan: Mr. Chair, just to clarify, I am sorry. For items number three and four, there are amended conditions that remove the requirement with this only go with the operator. So, we are clearing that up. Mr. Weiner: Okay. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. 1 Mr. Barnes: Aye. Ms. Coleman: Mr. Coston. Mr. Coston: Aye. Ms. Coleman: Mr. Graham. Mr. Graham: Aye. Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Mr. Inman. Mr. Inman: Aye. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond:Aye. Ms. Coleman: Ms. Oliver is absent. Vice Chair Wall. Mr. Wall: Aye. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of 10 for and zero against agenda items 2, 3 with the removal of condition number four, 4 with the removal of condition number four, 5, 7, 8, 9, 15, 17, and 18, have been recommended for approval on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE 2 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 2892 Indian River Road and `B' Georgie Wilson 1.44 AC." dated November 25, 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 Parcel 2 to Indian River Road from the private lane to be known as Lauren Lane shall be maintained at all times, through ingress/egress easement(s). Said easement(s) shall be depicted on the final plat and recorded contemporaneously by deed. 3. The private lane must conform to the Virginia Statewide Fire Prevention Code for fire apparatus access. The lane must be a minimum 20'wide, the road surface must be able to support 82,000 of vehicle loading and be all-weather, and the fire apparatus must be able to reach the most exterior wall from an approved roadway within 150'. 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 February 7, 2021 City of Virginia Beach Planning and Community Development 2875 Sabre Street, Suite 500 Virginia Beach,Virginia 23452 Staff Planner: Aubrey A. Trebilcock via email Re: Objection to the proposed subdivision variance of 2892 Indian River Road; and a standing objection to Thomas A.Brown altering any and all AG-zoned property he has acquired in the Southern Rivers Watershed with the intent to build single- family dwellings. Dear Ms. Trebilcock: Please consider this objection to the subdivision variance requested by Thomas A. Brown scheduled to be heard by the Planning Commission on February 10, 2021 (GPINs 14933356970 & 1493334650);as well as an ongoing and continuing objection attaching to all AG-zoned property Thomas A. Brown has acquired off of North Landing and Indian River Roads,' to prevent his ongoing destruction and depletion of critical resources which are relied upon by existing property owners—as he continues to unlawfully and negligently build residential structures where no structures have ever existed, and where land alteration is strictly prohibited without express authority? Thomas A. Brown does not have a, "right to build," any of the properties he has recently acquired in,or out of,this section of Indian River Road.3 For the City to continue to illegally allow this, "right,"to pass to builders/developers in direct conflict of the legislative intent of Section 402(b) constitutes gross negligence in that it deliberately subverts the codified protections afforded to existing property owners.4 In 1994,the City enacted building and density restrictions on agricultural property to prevent deterioration of lands with soils unsuitable to extend City services, and thus unable to sustain development.' The 1994 provision restricted density to one single-family dwelling per 15 acres of land.6 The only exception was made for lots existing prior to June 28, 1994 larger than 15 Thomas A.Brown recently purchased GPINS 1483733501 and 1483753601 consisting of over 20 acres of well- established forests necessary to protect existing properties. His intentions are to build residential structures where none are permitted. 2 Thomas A.Brown unlawfully removed trees,altered lands,and built three single-family dwelling units on less than three acres of land where only one structure existed prior at the corner of Indian River Road and North Landing Road without seeking and/or receiving City Council's express consent for a density variance(GPINs 14836519480000; 14836601560000; 14836578980000). He further removed trees and built a single-family dwelling on a wooded lot at 2761 Indian River Road without obtaining authorization from City Council. This"right"is referenced in the recommendation for approval of the subdivision variance. The area in question is immediately in detriment due to an overwhelming increase in development more than ten times the amount allowed. 4 See the discussion prior to enactment of 402(b)in City Council's meeting on June 28, 1994. See City Council Agenda and Minutes from March 5, 1991 relating to the Southern Watersheds. 6 See Section 402(b)as enacted on June 28, 1994. Objection to Thomas A. Brown's ongoing destruction of natural resources in the North Landing River Watershed. acres; and a hardship right to the owner of property at the time the legislation was enacted. Though the dimensional requirements of 402(a)have changed with regard to setbacks,8 height,9 and density allotted for lots connected to City services.10 The only provision altering the over 15 acre requirement removes the road frontage provision to divide 15 acre lots into two lots if in existence prior to enactment of 402(b).11 Nothing allows a property owner to build a single- family dwelling where none has existed prior on less than 15 acres of land; and nothing extends the hardship right of the property owner at the time of enactment in 1994 to subsequent property owners. Applying this hardship right to recent property transfers defeats the purpose for which the provision was enacted, and causes a direct and irreparable harm to the individuals and properties the code is intended to protect. The current request of Thomas A. Brown relating to 2892 Indian River Road is yet another subversion wherein an outside builder profits off of empty lots they recently acquired. Without any authorization, Mr. Brown removes dense forests and vegetation in violation of the code provisions applying to the Agricultural District and Southern Rivers Watershed. This unauthorized and unprecedented removal of resources has caused irreversible damage to existing property owners who rely upon these established soils to control the extraordinary amount of runoff that has been negligently directed through existing properties and structures on its way to the North Landing River. There are nine properties which Mr. Brown has acquired at 2892 Indian River Road to further subdivide and build well in excess of the density allowable.12 The earliest recorded title to Thomas A. Brown on any of these properties was March 12, 2015.13 This property was subsequently subdivided into two lots utilizing the"by-right" subdivision of over 15 acres as allowed if established prior to the 1994 enactment of Sec. 402(b).14 One of those lots was further subdivided in May of 201815 creating a density of one new structure requiring well and septic on a single acre of land.16 As such,the GPINs currently held in this area by Thomas A. Brown have more than exceeded the allowable density under the code." To allow the property to be further altered, subdivided, and built upon continues a dangerous precedent the City has set wherein lands are being acquired and stripped of all resources under the assumption that a new single-family dwelling may be built upon"by-right"so long as it is in excess of one acre. This negligence has caused irreversible damages to existing properties below the Green Line, and has resulted in erosion and See 1994 enactment of section 402(b)entitled"Residential Density,"subdivision of one pre-existing lot over 15 acres into two lots if requirements are met. 5 October 2001,November 2018 9 June 2003 10 October 2001 11 February 1996 removes the 300 feet of public roadway frontage. 12 GPINs 1493332751; 1493330760; 1493332346; 1493335697; 1493337835; 1493339800; 1493337221; 1493348082;and 1493440216. 13 GPIN 1493332751 in Instrument#201500021376 14 GPINs 1493331623 and 1493332751 15 GPIN 1493331623 16 GPINs 1493236482; 1493238472; 1493231316;and 1493331623. 17 Intent of the City with regard to density provisions. 2 of 6 Objection to Thomas A.Brown's ongoing destruction of natural resources in the North Landing River Watershed. diminished use by existing property owners who the City is tasked with protecting by strictly enforcing laws which protect these owners.18 GPIN 14933356970: Thomas A. Brown purchased a vacant lot on March 7, 2018 from Cassandra Gunkel.19 Ms. Gunkel acquired the property on January 17, 2006.2° At no time has this lot carried the"right to build" since it is neither 15 acres,nor owned by the same individual when the protection was enacted. GPIN 1493334650: Thomas A. Brown purchased this property from Lakeview Loan Servicing as a foreclosure on August 20, 2020.21 The owner of the property at the time of Lakeview's foreclosure was Charles Brooks.22 Charles Brooks took title to the property on February 2, 2004 23 At that time, one single-family dwelling was erected on the property. As such,the municipal code allows a rebuild of this structure,not demolition and subdivision. The City,and its agents, are assuming a single build"by-right"on any AG-zoned parcel over one acre,without regard to the density requirements. This gross negligence is in direct conflict with Section 402(b)and detrimentally affects those who the legislation was enacted to protect— existing property owners below the Green Line on the date the legislation was enacted NOT builders/developers who bought the land with the sole intention to subdivide and build 24 There are additional properties Thomas A. Brown has acquired with these same intentions.25 The City, and its agents,have been repeatedly notified that zoning is bypassing the requirements for nonconforming use permits on vacant lands less than 15 acres. As such, builders are removing trees and altering earths in order to accommodate an illegal single-family dwelling leaving existing property owners no remedy to rectify what the code was implemented to protect. As recently as February 2, 2020,Thomas A. Brown has moved to develop the property adjacent to mine,26 which has been forested for decades and served as a buffer between four single-family dwellings on less than five acres of land. To strip and build this sliver of forest because it is over and acre is inconceivable and illegal. When the Conners acquired the property, it was in a subdivision of a larger lot wherein a single-family dwelling was built upon. The"by-right" 18 See the discussion and intent of Southern Rivers Watershed and Agricultural Districts. 19 Instrument#201800018580 20 Instrument#200600006983 21 Instrument#202000081897 22 Instrument#202000014639 23 Instrument#200400018340 24 Section 402(b)and VBCC Minutes June 28, 1994. This is in direct contradiction to the purpose of the 1994 legislation,and is allowing preferred developers to purchase,build,and flip property to the detriment of existing property owners who are the intended recipient of this protection. 25 Thomas A.Brown has done this with numerous properties(see GPINs above). And will continue to do so until the City acts in accordance with the laws which protect existing property owners(GPINs 14837335010000; 14837536010000;and 13975586170000 slated to be built). 26 Instrument#202100009571/72 3 of 6 Objection to Thomas A.Brown's ongoing destruction of natural resources in the North Landing River Watershed. provision has already been exercised before Mr. Brown approached Mr. Conner in late 2018 and offered well over land-value for an unbuildable lot. After destroying this buffer Mr. Brown has set his sights on the densely wooded lot at the northeast corner of Indian River and North Landing Roads. The objective of the code when building in the agricultural district is that if a dwelling must be built—it is built upon farmland which has been tilled and cleared for years in preparation of crop production. The code never intended, and has never permitted, a builder to remove trees and vegetation that has been established for decades in North Landing River Watershed in order to build a structure. Repeated requests to zoning,planning, and City Council have yielded no results in preventing Mr. Brown from clearing this or any other lot to build a single-family dwelling on heavily restricted lands where the property rights lie with existing owners and not builders who intend to build and flip vacant lands. As such,I respectfully request you deny Thomas A. Brown's current request for a subdivision variance. Further, I humbly ask the City to fine Mr. Brown for all alterations to agricultural lands he has made without obtaining City Council's express authorization for a nonconforming variance, and that such funds be put into an account to remedy the destruction Mr. Brown has inflicted upon e isting property owners.4Sin rel , L)4 Li a M. Clar on 3808 North L ding Road Virginia Beach,Virginia 23456 757.301.8822 landline 757.450.3329 cellular lisa@lisaclarkson.com cc: Bobby Dyer, Mayor via email Mark Stiles, City Attorney via email Patrick Duhaney, City Manager via email 4 of 6 Objection to Thomas A.Brown's ongoing destruction of natural resources in the North Landing River Watershed. + .-►.. 4 4 rI�`•,tt yrF . • i nw 40.0411,t.iA-4.4 ot e041 Virginia - • ^i• �� Ro `B�eachl -? :& :'i -Ii . / f�.r - �i�l Y s • 4 r ie� t I, V i + t �t1 f . j t� t �r t ft • +est •• �� tyam ♦ t- - t t t ` , 4 +,�4 ,' 1 .« 2 . II I t N v t ,( • 1 + + 164 o"' � � 13 twym - 41/9/v at s 1 FRp ',D Pr to640Sr iMENI. „. .. i i , ., - -+ r��tl e� 0 ,' r - • y 161 lil0� I f-1 . 41.4?-4.1.1114r s s or • I irrrm 1, II I. P I a The area in question lies directly below the Green Line and is already suffering irreversible damage due to an extraordinary increase in development at a rate higher than was anticipated when Council enacted the density provision in 1994. 5 of 6 Objection to Thomas A.Brown's ongoing destruction of natural resources in the North Landing River Watershed. Niii\irFioia Bcach Properly Map - ,, _- a . [[ kii gfl. � ':-7.1 • ' e/' . \ C \____ _ .,____ ,, , i 2 r:k-.:- ... I 7 7 1, . / / { /JI / //0 }-..,--7 : , e-. ---_, ---,./ . -----T N.--- rf-, , - ,, / / 7 \ � j /.77/4...„OA. :, / t - Rn /yam J _ feen All of the lots Thomas A. Brown has acquired(light blue) only allows a rebuild of two residential structures"by-right"to the existing foundations. Complete destruction of the existing structures, removal of trees, impression of lands, and building of new structures all must be expressly approved by City Council before resources are destroyed in order for Council to assess the long-term damage such actions have on all of the existing properties to the south in the North Landing River Watershed. Stumpy Lake Poll - hL':5 Du Stumpy N4Ck lake cat Annex ".""*.".."""*"\\C°W't Virginia Beach in I. • i He.on Z. Rdge Golf • Club -76y knit; Aux glary lanchnq Feld C HAR!tY. .Fantro NECK Seek Say Natcnal Wadk4 Rik*, Bar k& Natnn 7 R.r..n Mapping of the forested properties Thomas A. Brown recently acquired with the intent to build single-family dwellings. All have either been stripped, or are in the process of being stripped of natural resources existing residents rely upon. 6 of 6 b `� �A_G2AG1 AG2 ,a. AG2;: G i , o ' 8 ' a P1 `o ► I114, * vil. 4 Ve A,G.2: _ �y _.,1 AG2� ' ' ", AG=1'&vAG=2 m o , c, / ° 9- / 1 a i ��. A.G�1 ' „. \ / - '\\, / , „, \ ,,..76,007 viiirr ,,,y/ :/: , AG1� 0 AAA VA Site Bonney G. Bright Sand Company W (�� E 200 Princess Anne Road Property Polygons s Zoning r Building — Feet 0 271140 1,080 1,620 2,160 2,700 3,240 rs�'�.g1 b.i L........ 1tii CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: BONNEY G. BRIGHT SAND COMPANY [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Borrow Pit Expansion) for the property located at 200 Princess Anne Road (GPINs 2316698832, 2316896801, 2317621327, 2317723259, 2317612520, 2317801537). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: August 3, 2021 • Background: Excavation of sand has been an ongoing operation on the property since the 1970's. In 1989, a Conditional Use Permit was granted by City Council to operate a 23.40-acre borrow pit on the site. In 2000, a Conditional Use Permit was requested to expand the pit by 46 acres, and one in 2010 for an additional expansion of the pit by 87.23-acres. Both requests were approved by City Council. Two Modification of Conditions requests were granted in 2006 and 2010 to extend the length of time allotted for excavation and ultimate restoration of the site. The most recent Modification of Conditions was approved in 2020, which extended the timeline of the operation and deadline for restoration by 10 years to 2030. Now, the applicant is seeking to modify the Conditional Use Permit again in order to expand the existing borrow pit by 17.315 acres. The materials mined on this property provide private, commercial and government entities with fill sand, masonry sand, clay and fill dirt. On-site operations will continue between the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No operations are conducted or are planned to be conducted on Sundays. Access to the site will continue to be from North Carolina, just south of the boundary between the states. • Considerations: The request is consistent with the policies and goals set forth in the Comprehensive Plan for the Rural Aera. The borrow pit will continue to operate for another 9 years as the use has been extended by City Council action to 2030, permitting the complete extraction of marketable material and restoration of the site. Ultimately, the sand pits will transition into lakes and the surrounding properties will be cultivated. The borrow pit has been operating without incident and in accordance with the Virginia Department of Mines, Minerals and Energy's regulations, according to that agency. No impacts have been reported in regard to groundwater. A quarterly report shall be reviewed and approved by the Department of Public Utilities to ensure there are no impacts to the groundwater from this operation. Staff received no letters of opposition and there were no speakers at Bonney G. Bright Sand Company Page 2 of 5 the Planning Commission public hearing. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. • Recommendation: On July 14, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 8-0. 1. All previous conditions attached to the Conditional Use Permit approvals of November 28, 2000 and February 9, 2010 and the Modification of Conditions Permit approvals of February 14, 2006 and September 15, 2020 shall be voided and replaced with the following conditions below. 2. Activities on the site shall meet all the requirements identified by the Virginia Department of Mines, Minerals and Energy. Additionally, the applicant shall renew their permit and license with the Department of Mines, Minerals and Energy before October 21 , 2021 . 3. No excavation or restoration of the borrow pit expansion shall be allowed without first obtaining any necessary permits from the appropriate Federal, State and Local agencies, required as a result of the expansion of the existing borrow pit operation. In addition, the applicant shall renew the Non-Metallic Mineral Mining General Permit from the Department of Environmental Quality for the proposed expansion. 4. No excavation of restoration of the borrow pit shall commence until such time that a site plan has been reviewed and approved by the Development Services Center. The site plan must include a specific street and highway contingency plan that addresses the repair and replacement of any damaged roadway surfaces associated with the borrow pit operation. The site plan shall also detail the truck watering schedule currently utilized for the abatement of the dust generated by this operation and must indicate the sequence of construction for maintaining 3:1 side slopes on the borrow pit within 60 days after the excavation is complete. 5. No access to or from Pocahontas Club Road shall be permitted for the borrow pit operation. 6. Operating hours shall be 7:00 a.m. to 7:00 p.m., Monday through Saturday. No operations shall be permitted on Sunday. 7. No encroachment into existing easements will be allowed. Access to drainage easements must be provided by the applicant overall output systems within the site. 8. No encroachments into natural drainage channels shall be permitted. Bonney G. Bright Sand Company Page 3 of 5 9. The existing buffer of pine trees along Princess Anne Road, the double row of Loblolly and Virginia pine trees, an understory row of wax myrtle shrubs and the three to four-foot-high berm along Pocahontas Club Road used for screening and buffering shall remain undisturbed. 10.A row of pine trees shall be planted along Princess Anne Road continuing north from the existing trees that will be used as screening and buffering for the expansion of the borrow pit. The required pine trees shall be allowed to grow and be maintained at a height of no less than 30 feet. 11 .Undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with requirements of the state board of health to eliminate breeding places for mosquitos and other insects. 12.The 100-foot buffer between the cemetery in the southeast corner and the excavation site must remain undisturbed. 13.The maximum depth of the proposed expansion shall not exceed an elevation of -25.00 feet below ground surface from elevation 0.00 feet below ground surface. The applicant shall not breach the confining layers regardless of depth. 14.Dewatering of the pit will be allowed and the following are required: a. A permit from the Virginia Water Control Board is required to discharge any water from dewatering into a state waterway. b. The operator of the borrow pit shall be responsible for continuous water service for the private wells up to 1,000 feet from the borrow pit operation and those within 2,500 feet if proved to be affected by this operation. 15.The maximum number of truck trips generated by the borrow pit shall be 75 per day. A truck trip shall be considered one round trip, in and out of the borrow pit. 16.All trucks and equipment used in conjunction with the borrow pit operation must be stored, repaired and fueled on the borrow pit site or on property zoned for such use. 17.The applicant and/or operator of the borrow pit shall provide sufficient information to further the knowledge of the impacted subsurface geology by providing a Monitoring Well/Bore Hole Installation Plan and to estimate existing and projected recharge of dewatering operation discharge water. The applicant shall provide a Groundwater Recharge Plan, which shall include all phases of the expansion, subject to the approval of the Director of Public Utilities or designee. 18.The Groundwater Recharge Plan shall provide for the retention of water onsite to the highest degree practical. As one means to achieve this, the flooding of depleted mine areas shall be implemented to the maximum extent practical and Bonney G. Bright Sand Company Page 4 of 5 outlined in detail in the Groundwater Recharge Plan, accounting for all phases of expansion and reclamation. The applicant and/or operator of the borrow pit shall provide a reliable quarterly report to the Department of Public Utilities to include the analysis of the recharge system. This plan shall contain the amount of water pumped from the borrow pit, the amount of groundwater recharged on the site, the amount of water discharged to offsite surface water, the local precipitation, and a detailed description of the way in which each of these volumes were determined. The plan shall be subject to the approval of the Director of Public Utilities or designee. 19.Testing shall be performed at each monitoring well a minimum of four times a year and analytical results shall be provided to the Director of Public Utilities or designee. The Director of Public Utilities or designee may reduce monitoring frequency to annual testing at each well. If, in the judgement of the Director of Public Utilities or designee, such results indicate that salt water intrusion is occurring to such extent that private drinking water wells are threatened, the applicant shall cease dewatering of the borrow pit at the cost of the borrow pit operator. 20.Extension of time for operations is ending in June 2030, to include restoration of the property. 21.When mining is complete, the applicant shall redevelop the sides of the pit to a 3:1 slope within 6 months as depicted on the plan for the borrow pit entitled "Reclamation Plan", dated October 3, 2007, revised September 10, 2009, revised July 1, 2021, prepared by Gallup Surveyors and Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 22.The applicant shall submit a site development plan in accordance with the Zoning Ordinance, Article 2 C Section 227 Borrow Pits to the Development Services Center of the Planning Department for review and approval prior to any excavation of the additional areas depicted on the submitted site plan entitled "PROPOSED BORROW PIT EXPANSION PLAN FOR BONNEY G. BRIGHT", dated October 3, 2007, revised September 10, 2009, revised March 12, 2021, prepared by Gallup Surveyors & Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 23.Trucks that haul material to and from the property shall not use Princess Anne Road as an ingress and egress for the operation. All trucks in association with the mining operation shall use the entrance in North Carolina to enter and exit the site. If the entrance from Princess Anne Road is used to haul material than the following shall apply: the operator shall install a left turn lane on Princess Anne Road into the borrow pit entrance, the property owner shall dedicate as deemed necessary by City Staff any additional right-of-way to accommodate Bonney G. Bright Sand Company Page 5 of 5 the turn lane, the entrance from Princess Anne Road shall be paved and the pavement shall extend 50 feet back from the property line and then graveled an additional 50 feet, and an entrance plan shall be required subject to the review and approval by Department of Public Works/Traffic Engineering. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department .j City Manager: "I\B Applicant & Property Owner Bonney G. Bright Sand Company Agenda Item Planning Commission Public Hearing July 14, 2021 City Council Election District Princess Anne 4 Virginia Beach Request Modification of Conditions (Borrow Pit Expansion) v76 Staff Recommendation . o Approval ...*4, PUbhc Landing Road Staff Planner Maddie Lowman/Marchelle Coleman s°�6 v Location 200 Princess Anne Road GPINs ..Y" _ -- — 23166988320000, 23168968010000, r 23176213270000, 23177232590000, 23176125200000, 23178015370000 Site Size _ � "___ 237.57 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers . , ;Ti . Nib v ,o nd,; Existing Land Use and Zoning District �,� Cultivated fields, borrow pit/AG-1&AG-2 4 n Agricultural Surrounding Land Uses and Zoning Districts ,t North ,; Single-family dwelling, cultivated fields/AG-1 & •'.' AG-2 Agricultural . South r„ , North Carolina Line, borrow pit East „"K • .r, ' 4 Pocahontas Club Road FY ` �, Single-family dwellings, cultivated fields/AG-1 • l &AG-2 Agricultural West Princess Anne Road Campground, marshland/AG-1 &AG-2 Agricultural Bonney G. Bright Sand Company Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting a Modification of Conditions to the existing Conditional Use Permit to expand the existing borrow pit by 17.315 acres on this agriculturally-zoned property.The applicant proposes to use the materials that are mined to provide private, commercial and government entities with fill sand, masonry sand, clay and fill "dirt". • Since the 1970s,the sand excavation operation at this borrow pit has been ongoing. In 1989, City Council approved a Conditional Use Permit for a 23.40-acre borrow pit,as prior to that no consideration by the Council for this activity was required. Since then,two additional Conditional Use Permits were granted:one in 2000 for the expansion of the pit by 46 acres,and one in 2010 for an additional expansion of the pit by 87.23 acres. • Along with those approvals,two Modification of Conditions were granted in 2006 and 2010 to extend the length of time allotted for excavation and ultimate restoration of the site.The 2020 Modification of Conditions approval extended the timeline of the operation by 10 years and until 2030 to restore the site.The current restoration plan indicates that the borrow pit will ultimately be converted into several lakes and the surrounding land to be used for cultivation. • The on-site operations will continue between the hours of 7:00 a.m.to 7:00 p.m., Monday through Saturday. No operations are conducted or are planned to be conducted on Sundays. .•Ab-z ir.V� ,: Zoning History ' _ P # Request ,\.. 11 MOD(Modification of Conditions)Approved 09/15/2020 t 1/4//�� CUP(Borrow Pit Expansion)Approved 02/09/2010 � MOD(Modification of Conditions)Approved 02/14/2006 2 0, fir`. CUP(Borrow Pit Expansion)Approved 11/28/2000 d/r' I t/f / •I AG-1 %% CUP(Borrow Pit)Approved 12/18/1989 /�i� 2 MOD(Modification of Conditions)Approved 04/16/2019 s/��/.. MOD(Modification of Conditions)Approved 11/08/2005 CUP(Campground)Approved 11/08/1971 3 CUP(Non-Commercial Marina)Approved 8/27/2013 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 request for a Modification of Conditions for an expansion of the existing borrow pit, in Staff's opinion, is acceptable. The request is consistent with the policies and goals set forth in the Comprehensive Plan for the Rural Area,as the site has remained rural throughout the years and is maintaining its commitment to the agricultural vision for this area. As part of this application,the submitted draft report entitled 2021 Ground Water Monitoring and Recharge Plan indicates how the applicant is complying with the imposed conditions of the 2000 and 2010 approvals related to the expansion of the borrow pit. Included is the establishment of seven monitoring wells in Virginia and four in North Carolina to routinely evaluate the ground water in order to detect any salt water intrusion caused by the borrow pit Bonney G. Bright Sand Company Agenda Item 4 Page 2 operation. Each of these wells are used to test the water at least four times a year.As with borrow pits in the coastal plain,the potential for salt water intrusion into the aquifer is a concern.This intrusion could affect wells in the vicinity, possibly decreasing the quality of drinking water wells.As an additional safeguard to protect the quality of drinking water wells,Condition 18 below indicates that the Groundwater Recharge Plan must be reviewed and approved by the Department of Public Utilities. Per proposed condition 18,a quarterly report shall be submitted to the Department of Public Utilities for review and approval that identifies the amount of water pumped from the borrow pit,the amount of groundwater recharged on site,the amount of water discharged to offsite surface water,the local precipation,and a detailed description of the way in which each of these volumes are determined. Condition 18 of the 2006 Modification of Conditions required that a left turn lane along Princess Anne Road into the entrance of the site be installed. Field investigation revealed that this left turn lane was never constructed.The applicant informed Staff that the entrances along Princess Anne Road are not used by trucks that haul materials and that the main entrance into the pit is located in North Carolina. Based on this,the condition (condition 24 below) has been revised to prohibit trucks that haul materials to and from the property from using Princess Anne Road as an ingress and egress for the operation.Traffic Engineering Staff noted that the proposed expansion is not expected to significantly impact traffic in the area. To aid in additional screening of this operation along Princess Anne Road, Condition 11 has been added that requires additional plantings in order to screen this portion of the expansion from the right-of-way. The Virginia Department of Mines, Minerals and Energy indicated no opposition with the borrow pit expansion and noted that the pit has been operating in accordance with State regulations and there have been no violations or issues on the site. In sum,as monitoring of the groundwater continues to indicate no detrimental impact to drinking water wells or salt water intrusion into the aquifer,the roadway system is not expected to be adversely impacted,and there have been no known incidents regarding compliance with State regulations, Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. All previous conditions attached to the Conditional Use Permit approvals of November 28, 2000 and February 9, 2010 and the Modification of Conditions Permit approvals of February 14, 2006 and September 15, 2020 shall be voided and replaced with the following conditions below. 2. Activities on the site shall meet all the requirements identified by the Virginia Department of Mines, Minerals and Energy.Additionally,the applicant shall renew their permit and license with the Department of Mines, Minerals and Energy before October 21, 2021. 3. No excavation or restoration of the borrow pit expansion shall be allowed without first obtaining any necessary permits from the appropriate Federal,State and Local agencies, required as a result of the expansion of the existing borrow pit operation. In addition,the applicant shall renew the Non-Metallic Mineral Mining General Permit from the Department of Environmental Quality for the proposed expansion. 4. No excavation of restoration of the borrow pit shall commence until such time that a site plan has been reviewed and approved by the Development Services Center.The site plan must include a specific street and highway contingency plan that addresses the repair and replacement of any damaged roadway surfaces associated with the borrow pit operation.The site plan shall also detail the truck watering schedule currently utilized for the abatement of the dust generated by this operation and must indicate the sequence of construction for maintaining 3:1 side slopes on the borrow pit within 60 days after the excavation is complete. Bonney G. Bright Sand Company Agenda Item 4 Page 3 5. No access to or from Pocahontas Club Road shall be permitted for the borrow pit operation. 6. Operating hours shall be 7:00 a.m.to 7:00 p.m., Monday through Saturday. No operations shall be permitted on Sunday. 7. No encroachment into existing easements will be allowed.Access to drainage easements must be provided by the applicant overall output systems within the site. 8. No encroachments into natural drainage channels shall be permitted. 9. The existing buffer of pine trees along Princess Anne Road,the double row of Loblolly and Virginia pine trees, an understory row of wax myrtle shrubs and the three to four-foot-high berm along Pocahontas Club Road used for screening and buffering shall remain undisturbed. 10. A row of pine trees shall be planted along Princess Anne Road continuing north from the existing trees that will be used as screening and buffering for the expansion of the borrow pit.The required pine trees shall be allowed to grow and be maintained at a height of no less than 30 feet. 11. Undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with requirements of the state board of health to eliminate breeding places for mosquitos and other insects. 12. The 100-foot buffer between the cemetery in the southeast corner and the excavation site must remain undisturbed. 13. The maximum depth of the proposed expansion shall not exceed an elevation of-25.00 feet below ground surface from elevation 0.00 feet below ground surface.The applicant shall not breach the confining layers regardless of depth. 14. Dewatering of the pit will be allowed and the following are required: a. A permit from the Virginia Water Control Board is required to discharge any water from dewatering into a state waterway. b. The operator of the borrow pit shall be responsible for continuous water service for the private wells up to 1,000 feet from the borrow pit operation and those within 2,500 feet if proved to be affected by this operation. 15. The maximum number of truck trips generated by the borrow pit shall be 75 per day.A truck trip shall be considered one round trip, in and out of the borrow pit. 16. All trucks and equipment used in conjunction with the borrow pit operation must be stored, repaired and fueled on the borrow pit site or on property zoned for such use. 17. The applicant and/or operator of the borrow pit shall provide sufficient information to further the knowledge of the impacted subsurface geology by providing a Monitoring Well/Bore Hole Installation Plan and to estimate existing and projected recharge of dewatering operation discharge water.The applicant shall provide a Groundwater Recharge Plan,which shall include all phases of the expansion,subject to the approval of the Director of Public Utilities or designee. 18. The Groundwater Recharge Plan shall provide for the retention of water onsite to the highest degree practical.As one means to achieve this,the flooding of depleted mine areas shall be implemented to the maximum extent practical and outlined in detail in the Groundwater Recharge Plan,accounting for all phases of expansion and reclamation.The applicant and/or operator of the borrow pit shall provide a reliable quarterly report to the Bonney G. Bright Sand Company Agenda Item 4 Page 4 Department of Public Utilities to include the analysis of the recharge system.This plan shall contain the amount of water pumped from the borrow pit,the amount of groundwater recharged on the site,the amount of water discharged to offsite surface water,the local precipitation, and a detailed description of the way in which each of these volumes were determined.The plan shall be subject to the approval of the Director of Public Utilities or designee. 19. Testing shall be performed at each monitoring well a minimum of four times a year and analytical results shall be provided to the Director of Public Utilities or designee.The Director of Public Utilities or designee may reduce monitoring frequency to annual testing at each well. If, in the judgement of the Director of Public Utilities or designee,such results indicate that salt water intrusion is occurring to such extent that private drinking water wells are threatened,the applicant shall cease dewatering of the borrow pit at the cost of the borrow pit operator. 20. Extension of time for operations is ending in June 2030,to include restoration of the property. 21. When mining is complete,the applicant shall redevelop the sides of the pit to a 3:1 slope within 6 months as depicted on the plan for the borrow pit entitled "Reclamation Plan",dated October 3,2007, revised September 10, 2009, revised July 1, 2021, prepared by Gallup Surveyors and Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 22. The applicant shall submit a site development plan in accordance with the Zoning Ordinance,Article 2 C Section 227 Borrow Pits to the Development Services Center of the Planning Department for review and approval prior to any excavation of the additional areas depicted on the submitted site plan entitled "PROPOSED BORROW PIT EXPANSION PLAN FOR BONNEY G. BRIGHT",dated October 3,2007, revised September 10, 2009, revised March 12, 2021, prepared by Gallup Surveyors& Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 23. Trucks that haul material to and from the property shall not use Princess Anne Road as an ingress and egress for the operation.All trucks in association with the mining operation shall use the entrance in North Carolina to enter and exit the site. If the entrance from Princess Anne Road is used to haul material than the following shall apply:the operator shall install a left turn lane on Princess Anne Road into the borrow pit entrance,the property owner shall dedicate as deemed necessary by City Staff any additional right-of-way to accommodate the turn lane,the entrance from Princess Anne Road shall be paved and the pavement shall extend 50 feet back from the property line and then graveled an additional 50 feet,and an entrance plan shall be required subject to the review and approval by Department of Public Works/Traffic Engineering. 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 recognizes this site to be within the Rural Area, a critical part of the City that encompasses the agricultural industry and economic vitality, rural heritage, and wildlife habitat.The Rural Area supplements the diversity of the City's character and provides a unique component to the City's tourist industry,while maintaining the rural Bonney G. Bright Sand Company Agenda Item 4 Page 5 community that is essential to the overall quality of life for Virginia Beach residents.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. 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 Princess Anne Road 4,100 ADT' 11,200 ADT'(LOS2"D") No Change Anticipated3 'Average Daily Trips 2 LOS=Level of Service 3 No information available in the ITE Trip Generation Manual for a borrow pit Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this site is a two-lane rural road with a 50-foot right-of-way.The MTP Map indicates an ultimate future right-of-way width of 90 feet for a roadway with a bikeway.There is currently no roadway CIP scheduled for this segment of Princess Anne Road. Public Utility Impacts Water City water is not available. Health Department approval is required for private wells. Sewer City sanitary sewer is not available. Health Department approval is required for septic systems. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 14,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4, 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 June 28, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on July 8, 2021. Bonney G. Bright Sand Company Agenda Item 4 Page 6 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 18, 2021 and July 25,2021. • 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 July 19, 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 July 30, 2021. Bonney G. Bright Sand Company Agenda Item 4 Page 7 Site Layout II i to 1 Sy. e:. i,g s o .: .I vSai;•e4 VT hi -b : c °m • S i 4f m Y o i M V d c k ro Z M c W C T - 0 T t 0 �c 5' C . \ t X UJ \,` ` '., Ili a. • E. . -1113/\ L_" • :I L av• ii 4 ! i - e;�, . ii ad I. a_. I 93 t^ II 7 0 <1 CCCJJI \ - , I I m II LU !IV !! • i • . ' 1 i '! r Bonney G. Bright Sand Company Agenda Item 4 Page 8 Reclamation Plan Te _ c 5m t or coaWW 1 z .-Z t O ncm _ _ iiraim 25 � O S� C cn ! j1� f ✓i O. A W \ MRT1 CARONNA I ,•:: _-_ __ - _ __ . - - - MRG�MA F 1 ,z{ A Q ' '1:-''--- CL Y 00 11111 U ) i : ,, ,Nkitti,.,-,- . F -t-r: . !V ..._ . r-A- . Bonney G. Bright Sand Company Agenda Item 4 Page 9 Site Photos `'r 1 4' �f .tea• 9 h_ 'x6/ 7 .- d s. ^1 • _' n • apt-y'r '•a '- �� i 1�� ,}4 i ear r � M +'� snt �t ~ - ,. i fix'`_ -r�`'' t � t x► • �Y Bonney G. Bright Sand Company Agenda Item 4 Page 10 Disclosure Statement Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body Applicant Disclosure Applicant Name Bonney G.Bright Does the applicant have a representative? W. Yes ❑No • If yes,list the name of the representative. R.Harold Jones,SPWS,Emeritus c/o Sigma Environmental Services,Inc. 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) S Corp. Bonney G.Bright,President • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) N/A `Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(Ii)a controlling owner In one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Bonney G. Bright Sand Company Agenda Item 4 Page 11 Disclosure Statement Disclosure Statement I t (ill lr 't Known interest by Public offical or Employee Does an official w employee of the City of Virginia Beach have an interest in the subject:and c•any proposed ocvcrop-rent contingent on the subject public action?0 Yes IN No • If yes,what is the name of the official or employee and what is the nature of the interest? Meant Services Disclo ure 1. Dots the apphrint have any existing financing(mortgage.deeds of trust,cross-collateraiization,etc)or are they considering any financing ir.cornection with the subject of the app icatIon or any business operating or to be operated on the prope-tyr? if Yes ❑No • If yes,identify the financial institutions providing the service. Towne Bank 2. Does the app ic.art have a real estate broker/agent/reattor for current and anticipated future sales of the subject property' ❑Yes ■No • If yes,identify the company and in3ividudl providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with tie sJbiect of me app ication or any ousiness operating or to be operated sr)the properly;$ Yes 0 No a If yes,identify the firm and individual provid-ng the servKe Anderson&Associates,P C. 4. Does the applicant have services froorr an architect/landscape architect/land planner p cviaed in connection with the subject of the application or any business operating or to oe operated or the property?i Yes :i No • if yes,identify the firm and individual providing Ire sennre Bruce Gallop Surveyors&Engineers,Inc 5. Is there any other pending or proposec purchaser u`the subject property?U Yes • No • if yes,identify the purchaser and purchaser's servos provicers. Qc:.sed 11.09.2020 2 I I - ; Bonney G. Bright Sand Company Agenda Item 4 Page 12 Disclosure Statement Disclosure Statement Planmng&Communini+ 1Xvekipinent b. Does the applicant have a construction contractor'n connection with the subject of the application or any busiress operating or to be operated on the property?❑Yes •No • tf yes,identify the company a^d individual orovid rig the service. / Dues t^e applicant have an engineer/surveyor/agent in connection with the subject of the app,icatior,or any busmen; cperet ng or to be operated on the property'3 Yes I NO • If yes,identify the firm and incivicua'prov,d.ng the sery ce. 8. Is the applicant receiving legal services in connection with the subject of the appf.catIbn or any business operating or to be operated on the property? Yes 0 No . If yes,identify the firm and individual providing the service Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature t certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate I u•'derstand that. upon receipt of notification that the appilcation 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, Adpscant Bonney.G Br ht. President. t Print Name Is the applicant also the owner of the subject property? •Yes 0 No • if yes,yin do not need to fill out the owner disclosure statement. FOR CM USE ONLY/Alld sdosures must be updated?WO(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications El PA r ow,K a °u`17/19/2021 Skull'e �✓�ti 1 ►r+'^la^'e Marchelle L. Coleman L. Revised 1109 2020 3 I; a r: Bonney G. Bright Sand Company Agenda Item 4 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. Bonney G. Bright Sand Company Agenda Item 4 Page 14 Item #4 Bonney G. Bright Sand Company [Applicant & Property Owner] Modification of Conditions 200 Princess Anne Road July 14, 2021 RECOMMENDED FOR APPROVAL - HEARD Madam Clerk: Okay, our first agenda item is agenda item number four, Bonney G. Bright Sand Company, an application for Modification of Conditions on property located at 200 Princess Anne Road in the Princess Anne District. Would the applicant or the applicant's representative, please step to the podium. Mr. Weiner: Welcome, sir. Mr. Jones: Morning, Mr. Chairman, members of the Commission. My name is Harold Jones. I'm with Sigma Environmental. And I represent Bonnie Bright Sand Company this morning. As you're well aware of this application is requesting authorization to expand an existing mine that's been in operation since the late 1970s. This is the most northern portion of the mine, is going to be about 17.3 acres of expansion. And it's been reviewed by staff. And they have developed some additional conditions for the authorization. We are now at 23 individual conditions, some of which have been modified and changed. And I believe three new ones were added since the Conditional Use Permit was reauthorized for an additional 10 years, last year in 2020. So we are in acceptance of those — of those conditions. And we're working with staff to work out some of the details on a longer groundwater management and recharge plan. So it's been a pleasure working with staff on this particular project. We appreciate it. Any questions? Thank you. Mr. Weiner: I think we have a speaker, so standby, just in case you want rebuttal. Thank you, Madam Clerk. Madam Clerk: Yes, we have one speaker via WebEx, Lisa Clarkson. If you would wait two to three seconds and then state your name and begin your comments, please. (Note that Ms. Clarkson was not online when called to speak) So, no other speakers. Mr. Weiner: No other speakers. Mr. Horsley, do anybody have any questions? No questions. Mr. Horsley? So we have no more speakers. So we're going to close this and open it up to us up here for. Mr. Horsley: We would have probably place this on a consent agenda, I was thinking we were going to have a speaker. But anyway, oh, this pit has been operational, as Mr. 1 Jones said for 40 plus years and Mr. Bright has ran one of the best pit operations around and is supplying sand to the City of Virginia Beach and other surrounding areas that it's very much needed for us to continue to prosper and develop as we need to be. I think this request for this 17 acre expansion is very good and the conditions, 23 conditions. I mean to keep up with 23 conditions. Mr. Jones, you are going to have a job. But anyway, that's what—that's what Mr. Bright pays you to do so. So we think, it's fine. I think it's fine, if people in the area —in the rural area, are very appreciative of what Mr. Bright does for the community and all down there and the supplies —that he supplies when they're needed. So if anybody got any other questions don't, I'm going to make a motion for approval. Mr. Weiner: We have motion for approval. We have a second? Mr. Coston: Second. Mr. Weiner: Motion for approval by Mr. Horsley, seconded by Mr. Coston. Madam Clerk: Vote is open. By a recorded vote of eight in favor, and zero against agenda item number four has been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. All previous conditions attached to the Conditional Use Permit approvals of November 28, 2000 and February 9, 2010 and the Modification of Conditions Permit approvals of February 14, 2006 and September 15, 2020 shall be voided and replaced with the following conditions below. 2. Activities on the site shall meet all the requirements identified by the Virginia Department of Mines, Minerals and Energy. Additionally, the applicant shall renew their permit and license with the Department of Mines, Minerals and Energy before October 21, 2021. 2 3. No excavation or restoration of the borrow pit expansion shall be allowed without first obtaining any necessary permits from the appropriate Federal, State and Local agencies, required as a result of the expansion of the existing borrow pit operation. In addition, the applicant shall renew the Non-Metallic Mineral Mining General Permit from the Department of Environmental Quality for the proposed expansion. 4. No excavation of restoration of the borrow pit shall commence until such time that a site plan has been reviewed and approved by the Development Services Center. The site plan must include a specific street and highway contingency plan that addresses the repair and replacement of any damaged roadway surfaces associated with the borrow pit operation. The site plan shall also detail the truck watering schedule currently utilized for the abatement of the dust generated by this operation and must indicate the sequence of construction for maintaining 3:1 side slopes on the borrow pit within 60 days after the excavation is complete. 5. No access to or from Pocahontas Club Road shall be permitted for the borrow pit operation. 6. Operating hours shall be 7:00 a.m. to 7:00 p.m., Monday through Saturday. No operations shall be permitted on Sunday. 7. No encroachment into existing easements will be allowed. Access to drainage easements must be provided by the applicant overall output systems within the site. 8. No encroachments into natural drainage channels shall be permitted. 9. The existing buffer of pine trees along Princess Anne Road, the double row of Loblolly and Virginia pine trees, an understory row of wax myrtle shrubs and the three to four-foot-high berm along Pocahontas Club Road used for screening and buffering shall remain undisturbed. 10. A row of pine trees shall be planted along Princess Anne Road continuing north from the existing trees that will be used as screening and buffering for the expansion of the borrow pit. The required pine trees shall be allowed to grow and be maintained at a height of no less than 30 feet. 11. Undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with requirements of the state board of health to eliminate breeding places for mosquitos and other insects. 12.The 100-foot buffer between the cemetery in the southeast corner and the excavation site must remain undisturbed. 13. The maximum depth of the proposed expansion shall not exceed an elevation of-25.00 feet below ground surface from elevation 0.00 feet below ground surface. The applicant shall not breach the confining layers regardless of depth. 14. Dewatering of the pit will be allowed and the following are required: a. A permit from the Virginia Water Control Board is required to discharge any water from dewatering into a state waterway. 3 b. The operator of the borrow pit shall be responsible for continuous water service for the private wells up to 1,000 feet from the borrow pit operation and those within 2,500 feet if proved to be affected by this operation. 15. The maximum number of truck trips generated by the borrow pit shall be 75 per day. A truck trip shall be considered one round trip, in and out of the borrow pit. 16. All trucks and equipment used in conjunction with the borrow pit operation must be stored, repaired and fueled on the borrow pit site or on property zoned for such use. 17. The applicant and/or operator of the borrow pit shall provide sufficient information to further the knowledge of the impacted subsurface geology by providing a Monitoring Well/Bore Hole Installation Plan and to estimate existing and projected recharge of dewatering operation discharge water. The applicant shall provide a Groundwater Recharge Plan, which shall include all phases of the expansion, subject to the approval of the Director of Public Utilities or designee. 18. The Groundwater Recharge Plan shall provide for the retention of water onsite to the highest degree practical. As one means to achieve this, the flooding of depleted mine areas shall be implemented to the maximum extent practical and outlined in detail in the Groundwater Recharge Plan, accounting for all phases of expansion and reclamation. The applicant and/or operator of the borrow pit shall provide a reliable quarterly report to the Department of Public Utilities to include the analysis of the recharge system. This plan shall contain the amount of water pumped from the borrow pit, the amount of groundwater recharged on the site, the amount of water discharged to offsite surface water, the local precipitation, and a detailed description of the way in which each of these volumes were determined. The plan shall be subject to the approval of the Director of Public Utilities or designee. 19. Testing shall be performed at each monitoring well a minimum of four times a year and analytical results shall be provided to the Director of Public Utilities or designee. The Director of Public Utilities or designee may reduce monitoring frequency to annual testing at each well. If, in the judgement of the Director of Public Utilities or designee, such results indicate that salt water intrusion is occurring to such extent that private drinking water wells are threatened, the applicant shall cease dewatering of the borrow pit at the cost of the borrow pit operator. 20. Extension of time for operations is ending in June 2030, to include restoration of the property. 21. When mining is complete, the applicant shall redevelop the sides of the pit to a 3:1 slope within 6 months as depicted on the plan for the borrow pit entitled "Reclamation Plan", dated October 3, 2007, revised September 10, 2009, revised July 1, 2021, prepared by Gallup Surveyors and Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 22. The applicant shall submit a site development plan in accordance with the Zoning Ordinance, Article 2 C Section 227 Borrow Pits to the Development Services Center of the Planning Department for review and approval prior to any excavation of the additional areas depicted on the submitted site plan entitled "PROPOSED BORROW PIT EXPANSION PLAN FOR BONNEY G. BRIGHT", dated October 3, 2007, revised September 10, 2009, 4 revised March 12, 2021, prepared by Gallup Surveyors & Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 23. Trucks that haul material to and from the property shall not use Princess Anne Road as an ingress and egress for the operation. All trucks in association with the mining operation shall use the entrance in North Carolina to enter and exit the site. If the entrance from Princess Anne Road is used to haul material than the following shall apply: the operator shall install a left turn lane on Princess Anne Road into the borrow pit entrance, the property owner shall dedicate as deemed necessary by City Staff any additional right-of-way to accommodate the turn lane, the entrance from Princess Anne Road shall be paved and the pavement shall extend 50 feet back from the property line and then graveled an additional 50 feet, and an entrance plan shall be required subject to the review and approval by Department of Public Works/Traffic Engineering. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ee437b00b7f5e01074e04bbfb 1 bee517c 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 3, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/06/2021 PAGE: 1 B AGENDA ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 C C D N OMO 0 L W 0 A C Y L NOUWS 0 T NHEEE S S E O O E IT I R Y S S , E R N D N CITY MANAGER'S BRIEFING A. SOUTHEASTERN HIGHWAY David Jarman, MEMORANDUM OF Transportation Division UNDERSTANDING TERMINATION Manager-Public Works II. CITY COUNCIL DISCUSSION/ INITIATIVES A. FLOOD PROTECTION PROGRAM BOND REFERENDUM III-VII CERTIFICATION OF CLOSED CERTIFIED 8-0 A Y Y Y A Y Y Y Y Y A-E SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS APPROVED 8-0 A Y Y Y A Y Y Y Y Y June 15,2021 2. SPECIAL SESSION APPROVED 8-0 A Y Y Y A Y Y Y Y Y June 22,2021 G. MAYOR'S PRESENTATION 1. PROCLAMATION PARKS AND RECREATION Michael Kirschman, MONTH Director 1.1. Ordinance to END the Declaration of a ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y Local Emergency re COVID-19 CONSENT Pandemic 1.2. Resolution to ADD Student Members to ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y the Green Ribbon Committee CONSENT (Requested by Council Member Henley) I.3. Resolution to EXTEND the deadline for ADOPTED 7-1 A Y Y Y A Y Y Y Y N the recommendations re Citizens Review Panel Task Force I.4. RESORT ADVISORY COMMISSION: ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y a. Ordinance to AMEND the City Code CONSENT Section 2-6 b. Resolution to APPROVE Amendments to the Bylaws I.5. Ordinances to AMEND: DEFERRED TO 9-0 A Y Y Y Y Y Y Y Y Y a. Sections 1-3 and 1-30 of the SEPTEMBER 7,2021 Stormwater Management Ordinance(Appendix D)re Stormwater Appeals Board b. Section 1.2 of the Public Works Design Standards Manual re variances 1.6. Resolution to PROVIDE for the ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y issuance and sale of General Obligation CONSENT Public Improvement Bonds,in the maximum amount of$110-Million and PROVIDE for the form,details and payments thereof CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/06/2021 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 CC D N OMO 0 L W O A C Y L NOUWS 0 T NHEEES S E O O E T I R Y S SERNDN I . Ordinance to AUTHORIZE temporary ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y encroachments into a portion of City- CONSENT Owned Property known as Pike Inlet located at the rear of 2721 Bluebill Drive re construct and maintain a floating pier and three(3)pilings I.8. Ordinance to APPROPRIATE ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y $762,600 of Fund Balance from the CONSENT Police Federal&State Seized Assets Special Revenue Fund to the FY2021-22 Police Operating Budget re equipment and training 1.9. Ordinances to Accept and Appropriate: a. S20,000 from Cities for Financial ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y Empowerment Fund to FY2021-22 CONSENT Parks and Recreation Operating Budget re Summer Youth Employment Program b. S57,000 from the U.S.Department of ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y Justice to FY2021-22 Police Department CONSENT Operating Budget re overtime and training expense and AUTHORIZE the Chief of Police to EXECUTE a Memorandum of Understanding(MOU) with the Virginia Office of the Attorney General re Hampton Roads Human Trafficking Task Force c. 5142,482 from the Virginia Department ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y of Behavioral Health and Developmental CONSENT Services(DBHDS)to the FY2021-22 Human Services Operating Budget and ESTABLISH two(2)full-time positions re STEP-VA Services d. S200,000 in Federal Surplus Funding ADOPTED,BY 8-0 A Y Y Y A Y YYYY from the Congestion Mitigation and Air CONSENT Quality Improvement Federal Program and TRANSFER S50,000 from CIP #100246(Lerner Bridge Replacement) to CIP#100537(Dam Neck and Holland Road Intersection Improvements) e. $600,000 from the Virginia Department ADOPTED,BY 8-0 A Y YYA Y YYYY of Behavioral Health and Developmental CONSENT Services(DBHDS)to the FY 2021-22 Human Services Operating Budget and ESTABLISH five(5)full-time positions re implementation of the Marcus Alert System CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/06/2021 PAGE: 3 B AGENDA ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 C C D N OMO 0 L W O A C Y L NOUWS 0 T NHEEES S E O O E T I R Y S S ERNDN I.10. Ordinance to APPROPRIATE$400,000 ADOPTED 8-1 A Y Y Y N Y Y Y Y Y from the Fund Balance of the General Fund to PROVIDE a GRANT to the Hampton Roads Workforce Council (Requested by Council Member Tower) ADD Resolution to DIRECT the City ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y ON Attorney to file a Petition for Writ of CONSENT Special Election re vacancy in the Kempsville District J.1. DHW JOINT VENTURE, LLC for the APPROVED,BY 8-0 A Y Y Y A Y Y Y Y Y Street Closures re 15-foot Street Dedication CONSENT adjacent to a 50-foot Norfolk& Southern Corp. right-of-way, and a 20-foot private road northeast of Tolliver Road J.2. OCEAN RENTAL PROPERTIES,LLC APPROVED,BY 8-0 A Y Y Y A Y Y Y Y Y (now known as ORP Ventures,LLC)for a CONSENT Street Closure re 1,151 sq. ft of an unimproved portion of 10th Street(formerly 13' Street) adjacent to Norfolk Avenue DISTRICT 6—BEACH(Approved August 13,1984)Deferred from June 15,2021 J.3. SOUTH LYNNHAVEN, LLC for a DEFERRED TO 7-0 A Y Y Y A Y Y Y AY Modification of Conditions re allow the JULY 13,2021,BY B vacation of easements to construct office CONSENT S use at 877 South Lynnhaven Road T DISTRICT 3—ROSE HALL A N E D J.4. PEMBROKE SQUARE ASSOCIATES, APPROVED/AS 8-0 A Y Y Y A Y Y Y Y Y LLC for a Conditional Change of Zoning PROFFERED,BY from (B-3 Central Business District to CONSENT Conditional CBC Central Business Core)re construction of housing for seniors located at the northern portion of 4554 Virginia Beach Boulevard DISTRICT 4—BAYSIDE J.5. PEMBROKE SQUARE ASSOCIATES, APPROVED/ 8-0 A Y Y Y A Y Y Y Y Y LLC for a Conditional Use Permit re CONDITIONED,BY housing for seniors at the Southwest corner CONSENT of Jeanne Street and Constitution Drive DISTRICT 4—BAYSIDE J.6. COMMONWEALTH AUTO GROUP, APPROVED/ 8-0 A Y Y Y A Y Y Y Y Y INC.&WWMD PROPERTIES,LP for a CONDITIONED,BY Conditional Use Permit re motor vehicle CONSENT sales & rentals at 4873 Haygood Road DISTRICT 4—BAYSIDE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/06/2021 PAGE: 4 B E AGENDA R ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 C C D N OMO 0 L W 0 AC Y L NOUWS 0 T NH E E E S S E 0 0 E T I R YSS ERNDN J.7. TRACI R.&MICHAEL MCGLYNN for DENIED 5-4 A Y Y Y Y NNNNY a Modification of Conditions to a Special Exception to the Form Based Code and a Conditional Use Permit re short term rental at 523 20's'/2 Street DISTRICT 6—BEACH J.B. LINDA M.LAMB LIVING TRUST fora DENIED 8-1 A Y Y Y Y Y Y Y Y N Conditional Use Permit re short term rental at 4615 Ocean View Avenue DISTRICT 4— BAYSIDE J.9. KRISTA L. WOODLOCK for a APPROVED/ 7-1 A Y N Y A Y Y Y Y Y Conditional Use Permit re short term rental CONDITIONED,BY at 3709 Rockbridge Road DISTRICT 4 — CONSENT BAYSIDE J.10. STANDARD COMMUNITY,LLC for a DENIED 8-1 A Y Y Y Y Y Y Y Y N Conditional Use Permit re short term rental at 427 Peregrine Street DISTRICT 4 — BAYSIDE J.11. WILLIAM GEORGHIOU for a APPROVED/ 7-1 A Y NY A Y Y Y Y Y Conditional Use Permit re short term rental CONDITIONED,BY at 3608 East Stratford Road DISTRICT 4— CONSENT BAYSIDE J.12. ANDREW BROYLES for a Conditional APPROVED/ 7-1 A Y NY A Y Y Y Y Y Use Permit re short term rental at 3604 CONDITIONED,BY East Stratford Road DISTRICT 4 — CONSENT BAYSIDE J.13. KIM DAVENPORT for a Conditional Use APPROVED/ 7-1 A Y NY A Y Y Y Y Y Permit re short term rental at 8809 Atlantic CONDITIONED,BY Avenue, Units A & B DISTRICT 5 — CONSENT LYNNHAVEN (Deferred from June I, 2021) J.14. DAN&SARA BAILEY for a Conditional APPROVED/ 7-1 A Y NY A Y Y Y Y Y Use Permit re short term rental at 103 57th CONDITIONED,BY Street, Unit A DISTRICT 5 — CONSENT LYNNHAYEN J.15. TODD E. SWEIGART for a Conditional APPROVED/ 7-1 A Y N Y A Y Y Y Y Y Use Permit re short term rental at 507 19'h CONDITIONED,BY Street DISTRICT 6—BEACH CONSENT J.16. SPIVAK FAMILY TRUST for a APPROVED/ 7-1 A Y N Y A Y Y Y Y Y Conditional Use Permit re short term rental CONDITIONED,BY at 229 16th Street DISTRICT 6—BEACH CONSENT J.17. HEATHER SHIMP for a Conditional Use APPROVED/ 7-1 A Y N Y A Y Y Y Y Y Permit re short term rental at 304 28'h CONDITIONED,BY Street,Unit 307 DISTRICT 6—BEACH CONSENT J.18. SUZANNE OLESZKO for a Conditional DENIED 6-3 A Y Y Y Y Y YNNN Use Permit re short term rental at 312 Arctic Crescent DISTRICT 6—BEACH J.19. CATHERINE PATTERSON DENTON& APPROVED/ 6-I A Y NY A Y A Y Y Y THE PINK CABANA,LLC Conditional CONDITIONED,BY B Use Permit re short term rental at 1316 CONSENT S Cypress Avenue DISTRICT 6—BEACH T A I N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/06/2021 PAGE: 5 B AGENDA ITEM# SUBJECT MOTION VOTE V L A U E J R T I 0 C C D N OMO 0 L W 0 A C Y L NOUWS 0 T NHEEES S E O O E T I R Y S S ER NDN J.20. ANDREW LIN for a Conditional Use WITHDRAWN,BY 8-0 A Y Y Y A Y Y Y Y Y Permit re short term rental at 4441 Ocean CONSENT View Avenue, Unit B DISTRICT 4 — BAYSIDE APPLICANT REQUEST WITHDRAWAL J.21. Ordinances re Short Term Rentals: CITY COUNCIL ALTERNATIVES a. AMEND City Zoning Ordinance (CZO) DENIED Section 102 re ESTABLISH Short Term 6-3 AY Y Y Y YNNNY Rental Overlay Districts - North End and Oceanfront Resort (Requested by Vice Mayor Wood and Council Member Tower) b. AMEND the Official Zoning Map by the DENIED 6-3 A Y Y Y Y Y NNN Y Designation and incorporation of property into Short Term Rental Overlay Districts-North End and Oceanfront Resort District (Requested by Vice Mayor Wood and Council Member Tower) c. AMEND Sections 401,501,601,901,1110, TABLED 8-0 A Y Y Y Y Y Y Y Y Y 1125,1501,1521,1531 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code re requirements and use of Short Term Rentals and Overlays(Requested by Vice Mayor Wood and Council Member Tower) d. AMEND Section 241.2 of the CZO re Short 8-0 AY Y Y Y Y YYY Y Term Rentals and ESTABLISH additional safety requirements(Requested by Vice Mayor Wood and Council Member Tower) e. ADD Article 23, and ESTABLISH S AY Y Y Y Y Y Y Y Y Consisting of Sections 2300 - 2303, (Short Term Rental Overlay Districts)to the CZO regulations and requirements re Short Term Rentals in Each Overlay District(Requested by Vice Mayor Wood and Council Members Tower and Wilson) 8-0 AY Y Y Y Y YYY Y f. ESTABLISH Transition Rules for the review of Conditional Use Permits re Short Term Rentals(Requested by Vice Mayor Wood and Council Member Jones) APPOINTMENTS RESCHEDULED BYCONS ENS t' S 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/06/2021 PAGE: 6 B E AGENDA R ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 C CDN O M O O L W O AC Y L NOUWS 0 T NHEEES S E O O E T I R Y S S ERNDN BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT (COG)REVIEW AND ALLOCATION COMMITTEE DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD L/M/N ADJOURNMENT 12:18 AM OPEN DIALOGUE 1 SPEAKER 12:21 AM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/13/2021 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 CCDNOMO 0 L W O A C Y L NOUWS 0 T NHEEE S S E O O E T I R Y S S ERNDN CITY COUNCIL'S BRIEFING A. BODY-WORN CAMERA AUDIT Lyndon Remias, City Auditor II. CITY MANAGER'S BRIEFING Ronald H.Williams, Jr.,Deputy City A. FLOOD PROTECTION PROGRAM Manager COMMUNICATIONS UPDATE Julie Hill, Communications Director III. CITY COUNCIL DISCUSSION/ INITIATIVES IV,V, CERTIFICATION OF CLOSED CERTIFIED 9-0 A Y Y Y Y Y Y Y Y Y VI,VII SESSION A-E GA. Ordinance to TERMINATE MOU with ADOPTED,BY 9-0 A Y Y Y Y Y Y Y Y Y the City of Chesapeake re Southeastern CONSENT Parkway and Greenbelt Project G.2. Resolution to REQUEST the Circuit ADOPTED,BY 9-0 A Y Y Y Y Y Y Y Y Y Court appoint an Alternate re Board of CONSENT Equalization G.3. Resolution to DIRECT the filing for a ADOPTED 9-0 A Y Y Y Y Y Y Y Y Y Request for Referendum on the Question of issuing $567,500,000 of General Obligation Debt re Flood Mitigation Measures(Request by City Council) G.4. Resolution to APPROVE the ADOPTED,BY 9-0 A Y Y Y Y Y Y Y Y Y modification of a construction contract CONSENT re Francis Land House Restoration H.1. DOZB, LLC / DOZ, LLC for a Special APPROVED/ 8-1 A Y Y Y N Y Y Y Y Y Exception for Alternative Compliance re CONDITIONED craft brewery, tasting room and restaurant at 821, 823 & 825 Virginia Beach Boulevard DISTRICT 6—BEACH H.2. SOUTH LYNNHAVEN, LLC for a APPROVED/ 8-0 A Y Y Y Y Y Y Y A Y Modification of Conditions re allow the MODIFIED/ B vacation of easements to construct office CONDITIONED, S use at 877 South Lynnhaven Road BY CONSENT T DISTRICT 3—ROSE HALL A N E D HA. THIN BREW LINE BREWING APPROVED/ 9-0 A Y Y Y Y Y Y Y Y Y COMPANY/OCEANA CROSSINGS, MODIFIED/ LLC for a Modification of Conditions re CONDITIONED, craft brewery&open-air market at 1375 BY CONSENT Oceana Boulevard DISTRICT 6—BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/13/2021 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 C C D N OM 0 0 L W O A C Y L NOUWS 0 T NH E E ES S E O O E T I R Y S S ERNDN ' H.4. ATHERTON CONSTRUCTION & APPROVED/ 9-0 A Y Y Y Y Y Y Y Y Y DEVELOPMENT, INC. / THE OPEN MODIFIED/ DOOR CHAPEL,INC.for a Modification CONDITIONED, of Conditions re religious use at 3177 I BY CONSENT Virginia Beach Boulevard DISTRICT 6— BEACH H.5. BEACH BUILDING GROUP, INC. / APPROVED/AS 8-1 A Y YYN Y Y Y Y Y DAVID & DEBORAH MCCOLGAN, PROFFERED KRISTIN WORRELL for a Conditional Change of Zoning from R-7.5 Residential District to Conditional A-18 Apartment District re construction of eight (8) condominium units at 2332&2328 Pleasure House Road DISTRICT 4—BAYSIDE H.6. JOHN'S GARAGE, LLC / 5772 APPROVED/ 9-0 A Y Y Y Y Y Y Y Y Y ARROWHEAD, LLC for a CUP re CONDITIONED,BY automotive repair garage at 5772 CONSENT Arrowhead Drive,Suites A&B DISTRICT 2—KEMPSVILLE H.7. 3323 SHORE DRIVE,LLC for a CUP re APPROVED/ 9-0 A Y Y Y Y Y Y Y Y Y commercial marina at 3323 Shore Drive CONDITIONED,BY DISTRICT 5—LYNNHAVEN CONSENT H.8. GREEN CLEAN AUTO WASH CUP re APPROVED/ 9-0 A Y Y Y Y Y Y Y Y Y car wash facility at 3112 Virginia Beach CONDITIONED,BY Boulevard DISTRICT 5—LYNNHAVEN CONSENT H.9. MARIE STROM/ALOHA,LLC CUP re APPROVED/ 9-0 A Y Y Y Y Y Y Y Y Y tattoo parlor at 615 North Birdneck Road, CONDITIONED,BY Suite 108 DISTRICT 6—BEACH CONSENT 21. Ordinances re Short Term Rentals: ADOPTED 5-4 AN Y Y Y N YNY N CITY COUNCIL ALTERNATIVES c. AMEND Sections 401, 501, 601, 901, 1110,1125,1501,1521,1531 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code re requirements and use of Short Term Rentals and Overlays(Requested by Vice Mayor Wood and Council Member Tower) e. ADD Article 23, and ESTABLISH Consisting of Sections 2300-2303,(Short Term Rental Overlay Districts)to the CZO regulations and requirements re Short Term Rentals in Each Overlay District (Requested by Vice Mayor Wood and Council Members Tower and Wilson) f. ESTABLISH Transition Rules for the review of Conditional Use Permits re Short Term Rentals(Requested by Vice Mayor Wood and Council Member Jones) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/13/2021 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE R V L H W W A U E J R T I 0 CC D N O M O O L W O AC Y L NOUWS 0 NHEEE S S E O O E T I R Y S S ERNDN 21. Ordinances re Short Term Rentals: DEFERRED TO 9-0 A Y Y Y Y Y Y Y Y Y SEPTEMBER 7,2021 d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements(Requested by Vice Mayor Wood and Council Member Tower) APPOINTMENTS RESCHEDULED BYCONS E N S l S 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNTIY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD BAYFRONT ADVISORY COMMISSION Appointed: 9-0 A Y Y Y Y Y Y Y Y Y Joseph Bovee 3 Year Term 7/13/2021—6/30/2024 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/13/2021 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 CCDNOMO 0 L W O A C Y L NOUWS O T NH E E E S S E O O E T I R Y S S E R N D _ N BIKEWAYS AND TRAILS ADVISORY Appointed: 9-0 A Y Y Y Y Y Y Y Y Y COMMITTEE Rachel Kane- McCaskell James Roberts 3 Year Term 7/13/2021—6/30/2024 And Reappointed: Hugh Tierney, Representing Parks and Recreation Commission Liaison 3 Year Tenn 9/1/2021—8/31/2024 CHESAPEAKE BAY PRESERVATION Appointed: 9-0 A Y Y Y Y Y Y Y Y Y AREA BOARD James McCune Unexpired Term thru 12/31/2021 +3 Year Term 1/1/2022—12/31/2024 CLEAN COMMUNITY COMMISSION Appointed: 9-0 A Y Y Y Y Y Y Y Y Y Karlaa Gregory Unexpired Term thru 3/31/2023 Dianna McDowell Unexpired Term thru 3/31/2024 COG Reappointed: 9-0 A Y Y Y Y Y Y Y Y Y Robin Foreman- Wheeler,Representing Hampton Roads Community Foundation Cheryl McLeskey, Representing At-Large Rosemary Wilson, Representing City Council Member 3 Year Term 9/1/2021—8/31/2024 DEVELOPMENT AUTHORITY Reappointed: 8-1 A Y Y Y N Y Y Y Y Y David Bernd Lisa Murphy 4 Year Term 9/1/2021—8/31/2025 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/13/2021 PAGE: 5 B E AGENDA R ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 C C D N OMO 0 L W O A C Y L NOUWS 0 T NHEEES S E O O E T I R Y S S ERNDN GREEN RIBBON COMMITTEE Appointed: 9-0 A Y Y Y Y Y Y Y Y Y Harold Jones Unexpired Term thru 10/31/2021 +3 Year Term 11/1/2021— 10/31/2024 Jordyn Lewis Parks Schmidt, Representing Student Members 1 Year Term 7/13/2021—6/30/2022 HEALTH SERVICES ADVISORY BOARD Appointed: 9-0 A Y Y Y Y Y Y Y Y Y Erica Terminello Unexpired Term thru 3/31/2023 HUMAN RIGHTS COMMISSION Appointed: 9-0 A Y Y Y Y Y Y Y Y Y Heidi Daniels Unexpired Term thru 8/31/2023 INVESTIGATION REVIEW PANEL Reappointed: 9-0 A Y Y Y Y Y Y Y Y Y Robert Beasley, Representing Alternate Member William Hearst, Representing Alternate Member 3 Year Term 9/1/2021—8/31/2024 OCEANA LAND USE CONFORMITY Reappointed: 9-0 A Y Y Y Y Y Y Y Y Y COMMITTEE Rosemary Wilson, Representing City Council Member 5 Year Term 9/1/2021—8/31/2026 PARKS AND RECREATION Reappointed: 9-0 A Y Y Y Y Y Y Y Y Y COMMISSION Patricia Dolan, Representing Centerville District I Joseph Monaco, Representing At-Large Hugh Tierney Representing Beach District 6 3 Year Term 9/1/2021—8/31/2024 PUBLIC LIBRARY BOARD Appointed: 9-0 A Y Y Y Y Y Y Y Y Y Josie Buni Unexpired Term thru 8/31/2022 +4 Year Term 9/1/2022—8/31/2026 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/13/2021 PAGE: 6 B AGENDA ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 CC DNOMO 0 L W O A C Y LNOUWS 0 T NHEEES S FOOE T I R Y S S ER NDN TRANSITION AREA/INTERFACILITY Appointed: 9-0 A Y Y Y Y Y Y Y Y Y TRAFFIC AREA CITIZENS ADVISORY Melissa Horal COMMITTEE Unexpired Term thru 2/28/2022 +3 Year Term 3/1/2022—2/28/2025 Thomas Luckman 3 Year Term 7/13/2021—6/30/2024 WETLANDS BOARD Reappointed: 9-0 A Y Y Y Y Y Y Y Y Y Joashua Schulman 5 Year Term 9/1/2021—8/31/2026 J. UNFINISHED BUSINESS APPROVED FOR 6-3 A Y N Y Y N Y Y Y N 21. Ordinances re Short Term Rentals: RECONSIDERATION ON SEPTEMBER 7, 2021 CITY COUNCIL ALTERNATIVES a. AMEND City Zoning Ordinance (CZO) Section 102 re ESTABLISH Short Term Rental Overlay Districts - North End and Oceanfront Resort (Requested by Vice Mayor Wood and Council Member Tower) b. AMEND the Official Zoning Map by the Designation and incorporation of property into Short Term Rental Overlay Districts- North End and Oceanfront Resort District (Requested by Vice Mayor Wood and Council Member Tower) KT_ ADJOURNMENT 7:34 PM