No preview available
HomeMy WebLinkAbout2-15-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL GxNiA.B MAYOR ROBERT M. "BOBBY"DYER,At Large Jt� w cy.L VICE MAYOR ROSEMARY WILSON,At Large �y MICHAEL R BERLUCCHI,Rose Hall-District 3 �� LINWOOD O.BRANCH,Lynnhaven-District 5 BARBARA M.HENLEY,Princess Anne-District 7 U !, N.D. "ROCKY"HOLCOMB,Kempsville-District 2a •- LOUIS R.JONES,Bayside-District 4 ,. JOHND.MOSS,At Large of o,. wo,°" AARON R.ROUSE,At Large GUY K.TOWER,Beach-District 6 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 February 15, 2022 FAX(757)385-5669 CITY AUDITOR LYNDON S.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - City Council Chamber- 2:00 PM A. GENERAL ASSEMBLY LEGISLATIVE UPDATE Debra M. Bryan, Legislative Affairs Liaison II. CITY MANAGER'S BRIEFING 2:30 PM A. FY2021-22 INTERIM FINANCIAL UPDATE Letitia Shelton, Director—Finance III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:45 PM IV. CITY COUNCIL AGENDA REVIEW 3:15 PM V. INFORMAL SESSION - City Council Chamber- 3:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION—Reverend Father Venacio R. Balarote, "Jun" Pastor, St. Nicholas Catholic Church 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 February 1, 2022 G. MAYOR'S PRESENTATIONS 1. 60th ANNIVERSARY AWARDS Dr. Edward E. Brickell, Jr. (Heidi Brickell Ullrich will be accepting the proclamation in honor of Dr. Brickell, Jr.) Clancy Holland 2. AFRICAN AMERICAN HERITAGE MONTH Rev. Dr. Carla Lightfoot, Vice President United Order of Tents Southern District# 1 Dr. Brenda D. Reid, Deputy United Order of Tents Virginia Beach District H. PUBLIC COMMENT 1. Ordinance to Amend the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools to Provide a"Taxpayer Dividend" (Requested by Council Member Moss) I. PUBLIC HEARING 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION Temporary and Permanent Easements re Salem Road Sidewalk Improvements Project, CIP #100423.026 (Formerly CIP #2-111.026) J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to ADD a Legislative Request to the 2022 Legislative Agenda re Amendment of the Marriage Provision of the Constitution of Virginia (Requested by Council Member Berlucchi) 2. Ordinance to AMEND the scope of CIP Project #100334 "Replacement of Rudee Inlet Dredge" re allow for Capital Maintenance of the Existing Dredge 3. Ordinance to APPROPRIATE$379,000 in Fund Balance from the Police Federal& State Seized Assets Special Revenue Fund to the FY 2021-22 Police Department Operating Budget re purchase vehicles, equipment, and training 4. Resolution to ESTABLISH Midwest Medical Transport Company, LLC and AUTHORIZE annual EMS Permit re private ambulance service 5. Ordinances to ACCEPT and APPROPRIATE Funding from the Virginia Resources Authority Virginia Community Flood Preparedness Fund: a. $3-Million to Capital Project#100551,"Stormwater Green Infrastructure,"re design and construction of nature-based drainage improvements in two locations near the Eastern Branch of the Elizabeth River b. $1,925,000 to Capital Project #100600, "Seatack Neighborhood Improvements" re complete design and construction of drainage improvements in the Seatack Neighborhood along South Birdneck Road between Hughes Avenue and Sea Street 6. Ordinance to ACCEPT and APPROPRIATE to the FY 2021-22 Police Department Operating Budget: a. $25,000 from the Department of Criminal Justice Services,via the Southern Virginia Internet Crimes Against Children (ICAC) Task Force and the Bedford County Sheriff's Office re overtime, purchase of equipment, travel, and training to enhance efforts to address internet crimes against children b. $374,850 from the Department of Emergency Management via the U.S. Department of Homeland Security Federal Emergency Management Agency re purchase equipment to the prevent and respond to potential acts of terrorism L. PLANNING 1. ASWINI KUMAR PRADHAN & PUSPALATA PRADHAN for a Modification of Proffers to a Conditional Change of Zoning re change side yard setback at 1521 Taylor Farm Road and 2617 Horse Pasture Road DISTRICT 5 (Formerly District 3 - Rose Hall) RECOMMENDATION: APPROVAL 2. DRAGAS ASSOCIATES,INC./HAWKINS MILLS,LC/HAWKINS MILL at HAYGOOD CONDOMINIUM ASSOCIATION, INC., for a Conditional Change of Zoning from R-10 Residential District to Conditional A-24 Apartment Districts and Modification of Proffers re increase the number of multi-family dwellings by sixteen (16) at 5000 & 5024 Haygood Road DISTRICT 4 (Formerly District 4 - Bayside) RECOMMENDATION: APPROVAL 3. ENVISION STUDIO, INC. /WOODWAY KNOB HILL,LLC for a Conditional Use Permit re tattoo parlor at 6361 Indian River Road, Suite 107 DISTRICT 1 (Formerly District 1 - Centerville) RECOMMENDATION: APPROVAL 4. WATSON REAL ESTATE II, LLC for a Conditional Use Permit re animal hospital & commercial kennel at 2497 North Landing Road DISTRICT 2 (Formerly District 7 - Princess Anne) RECOMMENDATION: APPROVAL 5. MEIRONG NEWLON / LANDSTOWN COMMONS OWNER, LLC for a Conditional Use Permit re tattoo parlor at 3312 Princess Anne Road DISTRICT 2 (Formerly District 7 - Princess Anne) RECOMMENDATION: APPROVAL 6. WINNER'S PROPERTY, LLC / THE RUNNYMEDE CORPORATION for a Conditional Use Permit re motor vehicle sales & service at 3736 Sentara Way DISTRICT 3 (Formerly District 3 - Rose Hall) Deferred from December 7, 2021 RECOMMENDATION: APPROVAL 7. MITCHBTATTOOS, LLC DBA GREYSCALE TATTOO GALLERY / MITCHELL ANTHONY BAER/ SOUTHERN STAR COMMONS, LLC for a Conditional Use Permit re tattoo parlor at 265 Jersey Avenue, Suite 106 DISTRICT 4 (Formerly District 4 - Bayside) RECOMMENDATION: APPROVAL 8. METRO TOWING COMPANY, INC. /INTRACOASTAL ASSETS, LLC for a Conditional Use Permit re bulk storage yard at 1194 Bells Road DISTRICT 6 (Formerly District 6 - Beach) RECOMMENDATION: APPROVAL 9. CECILIA PATTERSON / CHAMBORD COMMONS, LLC for a Conditional Use Permit re tattoo parlor at 328 North Great Neck Road, Suite 103 DISTRICT 6(Formerly District 6-Beach) RECOMMENDATION: APPROVAL 10. Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Stormwater Impacts for Discretionary Land Use Applications (Deferred from February 1, 2022) RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PLANNING COUNCIL RESORT ADVISORY COMMISSION STORMWATER APPEAL BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to 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=e5db3 ce92116449121 c6b9c4d 1 d610d80 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on February 15, 2022. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - City Council Chamber- 2:00 PM A. GENERAL ASSEMBLY LEGISLATIVE UPDATE Debra M. Bryan, Legislative Affairs Liaison II. CITY MANAGER'S BRIEFING 2:30 PM A. FY2021-22 INTERIM FINANCIAL UPDATE Letitia Shelton, Director—Finance III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:45 PM IV. CITY COUNCIL AGENDA REVIEW 3:15 PM V. INFORMAL SESSION - City Council Chamber- 3:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION—Reverend Father Venacio R. Balarote, "Jun" Pastor, St. Nicholas Catholic Church 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 February 1, 2022 G. MAYOR'S PRESENTATIONS 1. 60th ANNIVERSARY AWARDS Dr. Edward E. Brickell, Jr. (Heidi Brickell Ullrich will be accepting the proclamation in honor of Dr. Brickell, Jr.) Clancy Holland 2. AFRICAN AMERICAN HERITAGE MONTH Rev. Dr. Carla Lightfoot, Vice President United Order of Tents Southern District# 1 Dr. Brenda D. Reid, Deputy United Order of Tents Virginia Beach District 0.1.1 '•8EAc 40- .K A...0..,:. , y i "e if Vtoddamation Whereas: (Dr. Edward E. Briclgr Jr., who served as superintendent of Virginia Beach City Public Schools from 1968-1987, who during his tenure championed the integration of Virginia Beach City Public Schools and helped build the foundation for the school system to become one of the greatest in the nation;and Whereas: Dr. Edward E. Bricker Jr., has given of his time and knowledge to help cultivate Virginia (Beach into an outstanding location for many to call home and an enduring source of pride in its high standing among other large cities across the nation;and Wheats: Dr. Edward L. Brick[Jr., has helped establish the City as a premier coastal community through his outstanding commitment to providing our youngest residents, our chihfren,with an education that can springboard them into a life of success with opportunities for leadership;and- Whereas the City of Virginia Beach has greatly benefited from the eXpertse and enthusiastic support provided by Dr. Edward E. Bricker Jr. Life is counted among the City's residents and community contributors who have made Virginia(Beach a unique and weQ=known place to live,workandplay;and Whereas: The community has been blessed with the unyielding sacrifice of Dr.Edward'E.Bricfyr Jr., as he has strengthened relationships with the citizens of Virginia Beach and within the Lifampton Roads area;and Whereas: By exemplifying the model of citizenship and service in the City of Virginia Beach, Dr. Edward E. Bricker Jr., has supported other citizens in the contribution of their skills and talents to the community;and Whereas Nostalgic'TAB'is a celebration of Virginia Beach pioneers and residents leading up to the 606 anniversary of our great city in January 2023. Now'Therefore, I Wobert LM. (Dyer, TMayor of the City of Virginia (Beach, Virginia, do hereby proclaim: Bar. ErfwariE. Br' 614'jr. Rf cipient of the "Virginia Beach Diamond-Award" In`Virginia Beach, and I calf upon the citizens and members within government agencies,public and private institutions, business, and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. In 'Witness Whereof I have hereunto set my hand and caused the Official Seat of the City of Virginia (Beach, Virginia, to be affixed this 'Fifteenth day of February Two 'Thousand Twenty- Two. (Robert 512. "Bobby"(Dyer Mayor • •yL 0 - 0 U 5 ac •a ri 3y9ts Or OUR'NOW to tiamcation Whereas: Clancy.7folrand, who served as a member of the Virginia Beach City Council-from 1970-1982, has served the community through his hard work unwavering support, and tireless efforts to elevate the profile of the City of Virginia Beach and to enhance the quality of fife for citizens;and Whereat. Clancy Mfotland has given of his time and knowledge to help shape Virginia Beach during the city's beginnings with decisions that helped cultivate it into an outstanufing location for many to call home and an enduring source of pride in its high standing among other large cities across the nation;and Whereas:eas: Clancy 7foflaiid has inspired others with his unyielding dedication to the projects and efforts throughout Virginia Beach to help establish the City as a premier coastal community;and Whereas: gfie City of Virginia Beach has greatly benefited from the foresight and enthusiastic support provided by Clancy 7fofland 7fe is counted among the City's residents and community contributors who have made Virginia Beach a unique and well-known place to live,workand play;and Whereas: The community has been blessed by the wisdom and passionate advocacy of Clancy 7folland as he has fostered relationships with the citizens of Virginia Beach and within the 7fampton gads area;and Whereas: By e.emplf ing the model of citizenship and service in the City of Virginia Beach, Clancy 7fol7and has mentored and empowered other citizens to contribute their skills and talents to the community;and Whereas: "Nostalgic VB"is a celebration of Virginia Beach pioneers and residents leading up to the 60's anniversary of our great city in January 2023 Now Therefore, I Robert M. (Dyer, Mayor of the City of Virginia Beach, Virginia, do hereby proclaim: Clancy Jfoltand cipzent of the "Virginia Beach Diamond Award" In Virginia Beach, and I calf upon the citizens and members within government agencies, public and private institutions, business, and schools in Virginia Beach to 6e of service for the benefit and betterment of the community so that future generations can appreciate andfurther uplift our beloved City of Virginia Beach. In Witness Whereof, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to be affixed this (Fifteenth day of February Two 'Thousand Twenty- Two. .4 • N �. Robert M. "Bobby"(Dyer Mayor �N11+'BEq �1 hi.,p O4 '' G� so - ri op ou. Proclamation Whereas: The general commemoration of the historical contributions of African Americans in Virginia and elsewhere was first established as Negro Wistory'Weekin 1926 by a native`Virginian,Carter.Woodson;and Whereas: President Gerald R.,Bard epanded this commemoration andcefe6ration to encompass Black History Month in 1976;and Whereas. The theme of the commemoration in 2022 is Black7fealth and Wellness;and Whereas: African Americans in Princess Anne County did not have equal access to doctors and regular hearth care;and Whereas: The'United Order of Tents,Southern(District#1 was organized in 1867 by African American women in this region after the Civil War to provide care for sickandelderly members of the African American community;and Whereas: Several Tents were organized in Princess Anne County and'Virginia Beach for the purpose of supporting the hearth,wellness and education of the African American Community;and Whereas: The`United Order ofTents,Southern District#1 organized here included • Mount Nebo Tent#70 in 1891 • 9fuldah Tent#71 in 1891 • Siloam Tent#106 in 1896 • (Blooming'Violet Tent#121 in 1899 • Lois Tent#128 in 1901 • Charity Tent#133 in 1902 • Golden Sheaves Tent#137 in 1904 • Lew of the Eiders Tent#161 in 1908 • Morning Glory Tent#226 in 1913 • Adaline Tent#227 in 1914 • Queen'Eliizabeth Tent#240 in 1914 • 'Daughters of(Princess Anne Tent#349 in 1921 • Silver Leaf Tent#354 in 1924 • Queen of Princess Anne Tent#506 in 1945 • Lilies of Virginia Beach Tent#714 in 1963 • Woses of Virginia(Beach Tent#754 in 1980,and • Women of'Faith Tent#796 in 2017 Whereas: he`United Order of Tents organizations in Virginia(Beach continue to provide services in the community,which also include clothing andfeed'ng the homeless,supporting the'Food Bank,and recognizing students;and 'Whereas: African Americans have overcome enslavement,discrimination, and adversity to make positive contributions in all areas of enterprise and service in'Virginia Beach,the Commonwealth of Virginia,and the'United States of America. Wow,Therefore,I,Robert M.(Dyer,Mayor of the City of Virginia(Beach,Virginia,do hereby proclaim: February 2022 African American hferitage ![ontfi In`Virginia Beach,and furthermore call upon the citizens,government agencies,pubic and private institutions, businesses,and schools in Virginia Beach to recognize the contributions of African Americans to the history and development of the city, state, and nation and to commemorate this month with appropriate activities. In'Witness 444Geteof I have hereunto set my hand and caused the Official-Sear of the City of Virginia(Beach,Virginia,to 6e affixed this 'Fifteenth Day of'February Two Thousand Twenty-Two. Rtg6ert M. "(Bobby"(Dyer Mayor H. PUBLIC COMMENT 1. Ordinance to Amend the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools to Provide a"Taxpayer Dividend" (Requested by Council Member Moss) Nui ���� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools for a "Taxpayer Dividend" and to Provide Revenue Offsets PUBLIC COMMENT: February 15, 2022 MEETING DATE: March 1, 2022 • Background: Councilmember Moss has proposed a "Taxpayer Dividend" for residents' June 2022 personal property tax bills. This proposal would provide $13,200,000 of tax relief in the form of reduced personal property taxes. The original proposal would have used over-performed revenues in Fiscal Year 2020-21, but those revenues were appropriated on February 1st. This revised proposal provides the same amount of tax relief, but it offers a different revenue offset, which are described below. • Considerations: In the attached ordinance, the tax relief is applied through the ratio applied to vehicle valuations between $1,000 and $20,000 of those vehicles eligible pursuant to the Personal Property Tax Relief Act, Va. Code §§ 58.1-3523, et seq. By directing $13,200,000 in relief, the portion of the valuation of qualifying vehicles between $1,000 and $20,000 subject to personal property taxes would be reduced from 54.5% to 47.4%. For a vehicle valued at $20,000, this would provide a reduced tax bill from $436 to $379. For a vehicle valued at $10,000, this would provide a reduced tax bill from $218 to $190. The Commissioner of the Revenue and the City Treasurer have indicated that the implementation of this request will not require additional resources for programming and/or printing. On tax bills, the local tax relief would be bundled with the state tax relief, so personal property tax bills will have one line providing the collective tax relief. The proposed revenue offsets for this action include overperformance in FY 2021-22 of two revenues: personal property taxes ($10,060,526); and general sales taxes ($3,139,474). • Public Information: Public information will be provided through the normal Council agenda process. Councilmember Moss has requested this proposal be subject to public comment at the February 15, 2022 Formal Session. • Attachments: Ordinance Requested by Councilmember Moss REQUESTED BY COUNCILMEMBER MOSS 1 AN ORDINANCE TO AMEND THE CALENDAR YEAR 2 2022 TAX LEVY ON PERSONAL PROPERTY AND 3 MACHINERY AND TOOLS FOR A "TAXPAYER 4 DIVIDEND" AND TO PROVIDE REVENUE OFFSETS 5 6 WHEREAS, Councilmember Moss has proposed a "Taxpayer Dividend" for 7 residents' June 2022 personal property tax bills; 8 9 WHEREAS, this proposal would provide $13,200,000 of tax relief in the form of 10 reduced personal property taxes; 11 12 WHEREAS, the proposed revenue offsets include anticipated overperformance in 13 FY 2021-22 of personal property taxes and general sales taxes; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA, THAT: 17 18 The City Council hereby amends An Ordinance Establishing the Tax Levy on 19 Personal Property and Machinery and Tools for the Calendar Year 2022 to provide the 20 following text in Section 2: 21 "Sec. 2. Personal Property Tax Relief. 22 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as 23 defined by § 58.1-3523), not otherwise exempted from taxation in this ordinance 24 or by law, shall be subject to the following: 25 1. Any qualifying vehicle with a total assessed value of$1,000 or less will be levied 26 no tax, reflecting a reimbursement of 100% Personal Property Tax Relief Act. 27 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 28 will be levied at 47.4% 54.5% of the computed tax based on the total assessed 29 value of the vehicle. Reimbursement is expected from the Commonwealth 30 under the Personal Property Tax Relief Act equal to the remaining 52.6% 31 45.5% of the computed tax on the first $20,000 of assessed value. 32 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 33 47.4% 54-5% of the computed tax based on the first $20,000 of assessed value 34 and 100% of the computed tax based on the assessed value in excess on 35 $20,000. Reimbursement is expected from the Commonwealth under the 36 Personal Property Tax Relief Act equal to the remaining 52.6% 415.5% of the 37 computed tax on the first $20,000 of assessed value." 38 39 BE IT FURTHER ORDAINED, THAT: 40 41 The City Council hereby directs the following for a revenue offsets: 42 • Revenue in FY 2021-22 from personal property taxes due to 43 overperformance will realize an additional $10,060,526; 44 • Revenues in FY 2021-22 from personal taxes are reduced $3,139,474; and 45 • Revenue in FY 2021-22 from general sales tax revenue due to 46 overperformance will realize an additional $3,139,474. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15637 R-3 February 9, 2022 I. PUBLIC HEARING 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION Temporary and Permanent Easements re Salem Road Sidewalk Improvements Project, CIP#100423.026 (Formerly CIP #2-111.026) u e �a� ‘.1,i1,..pr,,.7, ..„-,t) PUBLIC HEARING ACQUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, February 15, 2022 at 6:00 p.m. in the Council Chamber of the City Hall Building(Building #1)at the Virginia Beach Municipal Center, Virginia Beach,Virginia on the proposed acquisition, by agreement or condemnation, of property in fee simple and temporary and permanent easements,necessary for the Salem Road Sidewalk Improvements Project, CIP 100423.026 (formerly CIP 2-111.026). The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary, for this project. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call 1-800-828-1120 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate, Building #23, 2473 N. Landing Road, at the Virginia Beach Municipal Center,(757)385-4161. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: fittps://vbgov.wehex.com/vhgpvinns aee/a nhn?MTID=e5db3ne921164 49121c6b9c4d1d610dS0 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on February 15,2022. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-FEBRUARY 6,2022 i`! •L7� rrryr.`'°e CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize acquisition of property in fee simple for the Salem Road Sidewalk Improvements Project, CIP 100423.026 (formerly CIP 2- 111 .026), VDOT UPC 111307, and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: February 15, 2022 MEETING DATE: March 1, 2022 • Background: The Salem Road Sidewalk Improvements Project (the "Project) will provide connectivity in an area that is heavily traveled by pedestrians as evidenced by the worn footpath next to the road. The Project constructs a 5-ft wide concrete sidewalk along the east side of Salem Road from Salem Lakes Boulevard to Rock Lake Loop, a total distance of approximately 0.30 miles. The concrete sidewalk will tie into existing sidewalks at Salem Lakes Boulevard and Rock Lake Loop. The Project includes new American with Disabilities Act compliant truncated dome curb ramps at the Salem Road and Salem Lakes Boulevard intersection and vehicle entrance between Salem Lakes Marketplace and Area Storage, new curb and gutter, and minor stormwater management facilities improvements. The Project qualifies as a Safe Routes to School project and will greatly improve safety for pedestrians walking to Salem Elementary School, the shopping center, and surrounding neighborhoods. The Project is partially funded by the Federal Transportation Alternatives Set-Aside Program (TAP). The Virginia Department of Transportation (VDOT) administers the program to help localities fund community-based projects that focus on pedestrian and bicycle facilities improvements. • Considerations: The Project will require property and easements from 2 privately owned parcels. No people or businesses will be displaced by the Project. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. • Public Information: Numerous public meetings over a multi-year period supported development of the City's Comprehensive Plan that included new sidewalk construction and alternative transportation methods for Virginia Beach. The Project was presented to the public at City Council Meetings and included in the City's Fiscal Year 2017-2018 applications for TAP funding. A City Council Public Hearing was held October 18, 2016 prior to adoption of a resolution supporting the applications. A public notice for willingness to hold a Location and Design Public Hearing was also published December 27, 2020 and January 3, 2021. A public hearing will be held on February 15, 2022, and public notice of the item will be provided via the normal City Council agenda process. • Alternatives: Deny the Ordinance, which will delay the Project. • Recommendations: Approval. • Attachments: Ordinance, Location Map, Project Summary Page Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering Ntio) City Manager:AV 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE SALEM ROAD SIDEWALK 4 IMPROVEMENTS PROJECT, CIP 100423.026 s (formerly CIP 2-111.026), VDOT UPC 111307, 6 AND THE ACQUISITION OF TEMPORARY 7 AND PERMANENT EASEMENTS, BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation and improve pedestrian safety within the City and for other related public 13 purposes for the preservation of the safety, health, peace, good order, comfort, 14 convenience, and for the welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1 . That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901 , et seq., Sections 33.2-1007, et seq., and 21 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 22 simple, including temporary and permanent easements (the "Property"), as shown on the 23 plans entitled "SALEM ROAD SIDEWALK IMPROVEMENTS" (the "Project"), and more 24 specifically described on the acquisition plats for the Project (plats and plans collectively 25 referred to as the "Plans"), the Plans being on file in the Engineering Division, Department 26 of Public Works, City of Virginia Beach, Virginia. 27 28 Section 2. That the City Manager is hereby authorized to make or cause to be made 29 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 30 offer to the owners or persons having an interest in said Property. If refused, the City 31 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 32 condemn said Property. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2022. CA15590 PREPARED: 1/28/22 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d013\p042\00776122.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY L•, b 41 G �ATURE,P CITY TTORNEY Pciad DEPARTMENT . . . . . . --..,..' 1m,, .- - t . ,.- , ., "lifir; 4t. 1:4 ''' • ,:, i .,.. 2, • ,i al r i ‘..) . $1 ... .. • . \ ...- , , ., ...„ . , 77 L ' i , 7 i- !jt i S CHF.SH El IRE F f( I . , ,. r • . i ',--' lir iWti- ,. . .. \ . •- . .. - - „'_!,•_.,, ,,r........., i t ..._. . .1 . ..."1, ..,..r:',11. 4 . ..., Efil , ,.:._ IL,i---—-- .., ; i,,,.- . _A„,,,,. . .,......„N.it ,,,,, ..,.. i, ,—....,.. ' F ....... ..it -. ... . , . . .. ..• '1 ... .., ___ , t' , ... 4......4.,k.,..., (s. 4 0,54$ ...ik......- ..,.. ' ,. ,441:44,,,, - --'., 4o.L7e:,irt. .,:-. .45.,4.4 . 1.... :,'''. , . ..., , ... Ilis ' -.441 1,- ' •..,;...i ' ,—. . •,---' . , ...r ,,.......„ taith, ' - '401m...,..._, ' ..... 0. ,:•., ,---- • , %....- ?' n. -1 •,„ ..,.., .Z. //- _ 5. - • -, ..: .I •'' lie t,--- --• L ' --. '..... .4 .,.. -- .. A 4.-. ". 47"43111-alls,,,, ': • / 4." 1 11.1."1..11... .. 4,',..,,,,. ..,.,..•.• ., w..,.y. . i , , -•- ' .,'_. ''i 7. '7.,...'1 't 'I , :. • .•-....„. ,1,..,,, ,'5" .4,44 i - 4 71 '. •11Na . ' 4 ; •— .4.1 , ,• 10$ 411 71: -go ' ', I ' . , ... I ...lift IP ' ,. ,. Legend 0•110 •"-- no. .0, .e. ', . ' - 140)4&.• Pi : eN ' , . Z ,leo W.. >,...: , ,,,,, ,$ ' Zif k•Th,. 2 . Project Area _ W --• r , __ , ___., - 1 .__ I -------- '• r ii ---. _ ,, . . <,., • , . City Properties .i - - if•r2b:/',..,'' ',.'•. k Lib. - NOTE: '-ro• • ., ... it .1 • -7erk-..,: ' ,. .1.• -,..1° :.': 1 .. • 0. ,, ,•c• „.... ., . 7 t,:'''..1', • 4'2,', ' '' .7 ' --4 G, 411114 1, ,, tri ' LIMP LOCATION OF FEATURES ARE APPROXIMATE. .d:4. '',t,4•7 i t 55:' BIG OAK ' ..- SEE PROJECT PLANS FOR MORE DETAIL. > qs,,, . row "iro ,..........„...—--......,, 553•110/44.445,1151144551186.14/5645•11544415.4525•55144a4noma•04.44455.4 LOCATION MAP ENGINELIUNG Salem Road Sidewalk SUPPORT 50 25 0 so Feel (CIP 100423.026) Condemnation Package Area Map . 4. ' , 4 Salem Road Sidewalk This project will provide a 5-ft wide concrete sidewalk along the east side of Salem Road from Salem Lakes Boulevard to Rock Lake Loop, a total distance of approximately 0.30 miles. The concrete sidewalk will tie in to existing sidewalks at Salem Lakes Boulevard and Rock Lake Loop. The concrete sidewalk will be located within the existing right-of-way behind the existing swale. This project also includes new accessible curb ramps at the intersection of Salem Road and Salem Lakes Boulevard, piping the existing ditch, new curb and gutter and utility relocations. Right of Way will be required from one property. This project qualifies as a Safe Routes To School project. It will greatly improve safety for pedestrians and school children walking to Salem Elementary School, and provide connectivity in an area that is heavily traveled by pedestrians as evidenced by the worn path. The total project cost is approximately $500,000. The City will provide the 20% match ($100,000) and request the remaining 80% ($400,000) in TAP funds. o ��o°v \'' .. per/dot C r ��ee� � Qou lnde 1 ' Peo6 n(k t ake L � . h a ,. , 'Y • c�o ,ake tocc VtOrnonOLrQhttr, .I 2 3 , y -c:iV .,.. a. w,� C. Safe $atyCf 'D m Lakn D, , CrnQ Essential Church ,l, A c, n ca i k 'c, . YMCA of South 1 Hampton Roads 1 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to ADD a Legislative Request to the 2022 Legislative Agenda re Amendment of the Marriage Provision of the Constitution of Virginia (Requested by Council Member Berlucchi) 2. Ordinance to AMEND the scope of CIP Project #100334 "Replacement of Rudee Inlet Dredge" re allow for Capital Maintenance of the Existing Dredge 3. Ordinance to APPROPRIATE$379,000 in Fund Balance from the Police Federal& State Seized Assets Special Revenue Fund to the FY 2021-22 Police Department Operating Budget re purchase vehicles, equipment, and training 4. Resolution to ESTABLISH Midwest Medical Transport Company, LLC and AUTHORIZE annual EMS Permit re private ambulance service 5. Ordinances to ACCEPT and APPROPRIATE Funding from the Virginia Resources Authority Virginia Community Flood Preparedness Fund: a. $3-Million to Capital Project#100551,"Stormwater Green Infrastructure,"re design and construction of nature-based drainage improvements in two locations near the Eastern Branch of the Elizabeth River b. $1,925,000 to Capital Project #100600, "Seatack Neighborhood Improvements" re complete design and construction of drainage improvements in the Seatack Neighborhood along South Birdneck Road between Hughes Avenue and Sea Street 6. Ordinance to ACCEPT and APPROPRIATE to the FY 2021-22 Police Department Operating Budget: a. $25,000 from the Department of Criminal Justice Services,via the Southern Virginia Internet Crimes Against Children (ICAC) Task Force and the Bedford County Sheriff's Office re overtime, purchase of equipment, travel, and training to enhance efforts to address internet crimes against children b. $374,850 from the Department of Emergency Management via the U.S. Department of Homeland Security Federal Emergency Management Agency re purchase equipment to the prevent and respond to potential acts of terrorism , pG t n `t'FCJ,�2; I,t4 -dam I -,..Vvtir'`ll. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Add A Legislative Request to the 2022 Legislative Agenda Regarding Amendment of the Marriage Provision of the Constitution of Virginia MEETING DATE: February 15, 2022 • Background: In 2006, the Constitution of Virginia was amended to define marriage as only a union between one man and one woman. Provisions of state constitutions or state laws such as that, however, are no longer valid as a result of the United States Supreme Court 2015 decision in Obergefell v. Hodge. Last year, the General Assembly approved a proposed amendment to this provision of the Constitution of Virginia, but the amendment must also be approved in a subsequent session before it can be placed on the ballot for consideration by the Virginia's voters. • Considerations: Approval of Senate Joint Resolution No. 5 or House Joint Resolution No. 57 in the current session would enable the General Assembly to place on the ballot, for consideration by Virginia's voters, a constitutional amendment to provide that the right to marry is a fundamental right inherent in the liberty of persons and to require the state and localities to issue marriage licenses, recognize marriages, and treat all marriages equally under the law, regardless of the sex or gender of the parties to the marriage. The amendment also would provide that religious organizations and clergy have the right to refuse to perform any marriage. This amendment would show that the Commonwealth values equality by removing discriminatory text from the Constitution and affirming the fundamental right to marry for all citizens. Approval of this amendment by the voters would benefit Virginia residents, and for people and businesses in other states that are considering relocating to Virginia or are considering Virginia as an event location or vacation destination, it would demonstrate that Virginia values equality. This resolution supports the approval of Senate Joint Resolution No. 5 or House Joint Resolution No. 57. • Public Information: Public information will be provided through the normal Council agenda process. Public comment was received by the City Council during its meeting on February 1, 2022. • Attachments: Resolution Requested by Councilmember Berlucchi REQUESTED BY COUNCILMEMBER BERLUCCHI 1 A RESOLUTION TO ADD A LEGISLATIVE 2 REQUEST TO THE 2022 LEGISLATIVE AGENDA 3 REGARDING AMENDMENT OF THE MARRIAGE 4 PROVISION OF THE CONSTITUTION OF 5 VIRGINIA 6 7 WHEREAS, in 2006, the Constitution of Virginia was amended to define marriage 8 as only a union between one man and one woman; 9 10 WHEREAS, provisions such as that are no longer valid as a result of the United 11 States Supreme Court 2015 decision in Obergefell v. Hodges; 12 13 WHEREAS, during its 2021 Special Session I, the General Assembly approved a 14 proposed amendment to the Constitution of Virginia, but the amendment must also be 15 approved in the current 2022 session before it can be placed on the ballot for 16 consideration by the Virginia's voters; 17 18 WHEREAS, approval of Senate Joint Resolution No. 5 or House Joint Resolution 19 No. 57 in the current session would enable the General Assembly to place on the ballot 20 for consideration by Virginia's voters an amendment to the Constitution of Virginia to 21 provide that the right to marry is a fundamental right inherent in the liberty of persons and 22 to require the Commonwealth and its political subdivisions and agents to issue marriage 23 licenses, recognize marriages, and treat all marriages equally under the law, regardless 24 of the sex or gender of the parties to the marriage; 25 26 WHEREAS, the amendment also would provide that religious organizations and 27 clergy acting in their religious capacity have the right to refuse to perform any marriage; 28 29 WHEREAS, this amendment would demonstrate the Commonwealth's 30 commitment to equality by removing discriminatory text from the Constitution and 31 affirming the fundamental right to marry for all citizens and visitors; and 32 33 WHEREAS, approval of the Senate or House Resolution would enable Virginia 34 voters to amend the Constitution; 35 36 WHEREAS, approval of this amendment by the voters would benefit Virginia 37 citizens and also would signal to people and businesses in other states that are 38 considering relocating or are considering Virginia as an event location or vacation 39 destination that Virginia values equality; 40 0-70 � �Sl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Scope of Capital Project #100334, "Replacement of Rudee Inlet Dredge," to Allow for Capital Maintenance of the Existing Dredge MEETING DATE: February 15, 2022 • Background: Public Works (the "Department") currently owns and maintains one dredge, the Rudee II, which is used to maintain Rudee Inlet. In the most recently adopted CIP, a total of $8.6 million was included for the replacement of the existing dredge. This funding was provided in Project#100334, "Replacement for the Rudee Inlet Dredge." The intent of Project #100334 is to provide funds for a new dredge, and this acquisition will enhance the City dredge capabilities at Rudee Inlet. Funding in the project included facility repairs, purchase of the dredge support boats, and purchase of the dredge. • Considerations: The attached ordinance provides an amendment to the scope of Project #100334. If approved, the Department will be able to use the funding in this project for capital repair and maintenance of the existing dredge, which will avoid downtime of the Rudee II. There is capacity in the project because the Department has refined the requirements for the replacement dredge. While the Department originally sought a larger piece of equipment that would allow operation outside the channel and in much more robust open water conditions, the increased operational costs did not justify the added abilities of a large dredge. Accordingly, a more modest replacement dredge will be ordered. However, due to potential supply chain and manufacturer capabilities, the construction and delivery of the replacement dredge is anticipated to take approximately 24-36 months. This delay makes the need for capital maintenance of the Rudee II essential. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: ; ' 1 AN ORDINANCE TO AMEND THE SCOPE OF CAPITAL 2 PROJECT #100334, "REPLACEMENT FOR THE RUDEE 3 INLET DREDGE," TO ALLOW FOR CAPITAL 4 MAINTENANCE OF THE EXISTING DREDGE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 The project scope for Capital Project #100334 is hereby amended to authorize 10 capital maintenance expenditures related to the existing dredge, the Rudee II. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ity.A me s Office CA15687 R-1 January 31, 2022 Fiscal Years FY22 through FY27 Capital Improvement Program Project:PG100334 'Title:Replacement for Rudee Inlet Dredge /Status:Approved Categ• .Coastal Department:Public Works Project Type Project Location Project Type:Equipment •istrict:Beach Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY22 FY23 FY24 FY25 FY26 FY27 Future 8,582,769 1,291,536 7,291,233 - - - - - Description and Scope This project provides funds for a second dredge to enhance the operational capabilities at Rudee Inlet.Funding will be used for facility repairs,purchase of the dredge support boats,and purchase of the dredge and pipeline with pontoons.Once the new dredge has been placed into service and its operational capabilities have been demonstrated,the Rudee II may either be sold or kept in service to support expanded dredging operations. Purpose and Need Timely maintenance of the channel through Rudee Inlet is required to prevent the grounding of watercraft in that area and the subsequent damage related to liability issues.The equipment utilized for this purpose is aging and in need of replacement to ensure the continuity of this maintenance. History and Current Status This project first appeared in the FY 2013-14 CIP. Operating Budget Impact Comments This project will replace the existing aging equipment and is not anticipated to increase the operating budget. FY22 FY23 FY24 FY25 FY26 FY27 Total Operating Budget Impacts - - - - - - TotaIFTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Study Only 07/19-06/21 150,000 Construction 07/21-06/23 800,000 Equipment 07/21-06/23 7,632,769 Total Budgetary Cost Estimate: 8,582,769 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 8,582,769 Total Funding: 8,582,769 Fiscal Year 2021-2022 340 Capital Projects 4 a`�i�Nu,,,yl 4c77 a ii ,.,., .,,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $379,000 in Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund for Police Equipment and Training MEETING DATE: February 15, 2022 • Background: The Virginia Beach Police Department requests that City Council approve the use of $379,000 in fund balance from the Police Federal & State Seized Assets Special Revenue Fund to purchase the following items: Special Investigations Vehicles - $110,000 > Vehicle for Operations Division - $60,000 > Computers for Special Investigations - $24,000 > Police training - $75,000 > Identification card system - $50,000 > Upgrade to LETA AV system - $60,000 Funding will be used to purchase four vehicles needed for Special Investigations and Operations personnel: one undercover vehicle for investigative personnel; two vehicles to transport the narcotics detection canine teams; and one vehicle to transport the Civil Disturbance Response Team. Special Investigations uses forensic software and intelligence programs that require significantly more digital processing capability than offered by standard computers. Recently the department acquired another digital forensic analysis tool: Graykey for cell phone extraction. This request will fund the purchase of eight "super-computers" that can support Graykey. Funds will cover the hardware portion of eight new high-power computers. Operating funds will be used for software fees. The Leadership training funding will be used for opportunities such as the Police Executive Leadership School, FBI LEEDA Institute courses, the Senior Management Institute for Police or other appropriate leadership courses. The Identification Card System will allow the Police Department to create sworn credentials that include security features such as an embedded holographic image. The current card has no security features. Funding will provide software, printer, camera, standard cards, and customized laminate. The audio-visual equipment at the Law Enforcement Training Academy auditorium is obsolete and failing. Funding will allow for an upgrade with a fully integrated Webex training platform. ■ Considerations: According to the United States Department of Justice, seized asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission, but cannot be used to supplant local funding. There is sufficient fund balance in the Police Federal & State Seized Assets Special Revenue Fund to cover the amount requested in this action. As of January 2022, the unassigned fund balance is around $2.3 million. • Public Information: Normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:pt-9 1 AN ORDINANCE TO APPROPRIATE $379,000 FROM THE 2 FUND BALANCE IN THE POLICE FEDERAL AND STATE 3 SEIZED ASSETS SPECIAL REVENUE FUND FOR POLICE 4 EQUIPMENT AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $379,000 be appropriated from the Police Federal and State Seized Assets 10 Special Revenue Fund to the FY 2021-22 Operating Budget of the Police Department for 11 the following items: vehicles for Special Investigations ($110,000); a vehicle for the 12 Operations Division ($60,000); computers for Special Investigations ($24,000); Police 13 training ($75,000); an identification card system ($50,000); and upgrade the Law 14 Enforcement Training Academy audio visual system ($60,000). Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a4,44=117 udget and Management Services it r y's O ice CA15693 R-1 February 2, 2022 p 1 �,�. ,, 1:; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve Establishment of Midwest Medical Transport Company, LLC in Virginia Beach and to Approve an Annual EMS Permit for Providing Private Ambulance Services MEETING DATE: February 15, 2022 • Background: Code of Virginia Section 15.2-955 requires City Council to approve, by resolution, the establishment of any emergency medical service organization wishing to operate in the City of Virginia Beach. Further, Code of Virginia Section 32.1-111.14 and City Code Section 10.5-2 require such organizations to obtain an annual permit authorizing its operation. The annual permit may only be granted by City Council. ■ Considerations: Midwest Medical Tranport Company, LLC's application for the operation of a private EMS agency was processed by the Department of Emergency Medical Services. The Department of Emergency Medical Services is recommending approval of both the establishment and operation of Midwest Medical Transport Company, LLC in Virginia Beach as necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare. If granted, this permit shall be effective immediately and until June 30, 2022. The City Code provides that permits shall be valid until June 30th, regardless of when they are issued. If the applicant remains in compliance and seeks renewal, the applicant's renewal request will be included with all of the other permit renewals, which are brought to City Council for its consideration each June. • Public Information: Public information will be handled through the normal agenda process. • Recommendations: Approve Resolution. ® Attachments: Resolution and application. Recommended Action: Approval Submitting De rtm Agency: Department of Emergency Medical Services _ City Manager: 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 MIDWEST MEDICAL TRANSPORT COMPANY, LLC IN 3 VIRGINIA BEACH AND TO APPROVE AN ANNUAL EMS 4 PERMIT FOR PROVIDING PRIVATE AMBULANCE 5 SERVICES 6 7 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 8 approve the establishment of an emergency medical service organization in the City of 9 Virginia Beach; and 10 11 WHEREAS, in accordance with Code of Virginia § 32.1-111 .14 and City Code § 12 10.5-2, any individual or organization that desires to operate an emergency medical 13 services agency or emergency medical services vehicles in Virginia Beach for emergency 14 transport or non-emergency transport purposes must apply for a permit; and 15 16 WHEREAS, a request for establishment and an application for a permit has been 17 received from Midwest Medical Transport Company, LLC; and 18 19 WHEREAS, this request and application has been recommended for approval by the 20 Virginia Beach Department of Emergency Medical Services; and 21 22 WHEREAS, City Council finds the approval of this request and application is in the 23 best interests of the citizens of Virginia Beach as it will assure continued and adequate 24 emergency services and will preserve, protect and promote the public health, safety and 25 general welfare of the citizens. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the request of Midwest Medical Transport Company, LLC for the establishment 31 of its emergency medical service in the City of Virginia Beach, and its application for an 32 annual EMS permit for providing private EMS ambulance services in the City of Virginia 33 Beach is hereby approved and granted, effective immediately and until June 30, 2022. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 36 , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emerg cy Medical Services City Attorneys Office CA15692 R-1 February 2, 2022 4N1 BEA48"1 � L ,i� .a) city of Virginia S ach H ttO\,_ UR NA�tO• .J V DEPARTMENT OF EMERGENCY MEDICAL SERVICES COMMERCIAL EMS AGENCY PERMIT APPLICATION FOR CYCLE BEGINNING JULY 1 OF YEAR: 2022 YYYY Iii AGENCY COMMON NAME: MMT Ambulance as appearing on your vehicles LEGAL NAME: Midwest Medical Transport Company, LLC if different FED TAX ID#: 47-0829179 WEB ADDRESS: www.midwest-med.com VA DOH OEMS AGENCY #: EXPIRES: CLASSIFICATION OF LICENSE: HAS YOUR AGENCY EVER BEEN PERMITTED TO OPERATE IN VIRGINIA BEACH? a No, never: X Yes, currently: Yes, but not currently: FOR PERMITTING & EXECUTIVE CONCERNS, WHAT IS YOUR CHIEF EXECUTIVE OFFICER'S... I NAME? Jeff Shullaw MAILING ADDRESS? PO Box 451159 Omaha, NE 68145-6159 street address or PO box,city,state,zip EMAIL ADDRESS? Jeff.Shullaw@mwmtc.com PHONE #? Work: 800-526-3396 Cell: 308-379-6184 \\vbgov.com\dfsl\Departments\EMS\EMS Admin\00U-CMMI-SVC-PROCESS-AREA\SUPPLIER-AGREEMENT-MANAGEMENT\supplierVocally-permitted ems\application-for-vbpermit.docx \\vbgov.com\dfs1\Departments\EMS\EMS Admin\UUU-CMMI-SVC-PROCESS-AREA\SUPPLIER-AGREEMENT-MANAGEMENT\supplier Vocally-permitted-ems\application-for-vb-permit--fillable.pdf FOR OPERATIONS IN THE VIRGINIA BEACH AREA... PLACE OF OPERATIONS ADDRESS: 5792 Arrowhead Drive Virginia Beach, VA 23464 street address,city,state,zip no PO box OFFICER IN CHARGE (OIC) NAME: Scott Arthur OIC EMAIL ADDRESS: Scott.Arthur@mwmtc.com OIC PHONE #: Work: 513-548-5699 Cell: 513-275-6604 DO YOU KEEP ONE OR MORE AMBULANCES FULLY STAFFED 24/7? Yes: X No: HAVE WE ISSUED YOU A RADIO ON OUR RADIO SYSTEM? Yes: No: X FOR CALLS FOR SERVICE IN THE VIRGINIA BEACH AREA, WHAT IS THE PHONE # FOR... I VB EMS DEPT/ 911 CENTER USE? 757-671-8911 HOSPITAL USE? SAME OTHER HEALTH FACILITY/OFFICE/CLINIC USE? SAME MEMBER OF THE PUBLIC USE? SAME WHO IS YOUR OPERATIONAL MEDICAL DIRECTOR? NAME: Steve Skrip I 1 EMAIL ADDRESS: sms_md@msn.com PHONE #: Work: Cell: 757-651-6808 \\vbgo✓.com\dfsl\Departments\EMS\EMS Admin\000QdMI-SVC-PROCESS-AREA\SUPPLIER-AGREEMENT-MANAGEMENT\supplierVocally-permittedems\application-for-vb-permit.docx \\vbgov.com\dfsl\Departments\EMS\EMS Admin\000-CMM1-SVC-PROCESS-AREA\SUPPLIER-AGREEMENT-MANAGEMENT\supplierVocally-permittedems\application-for-vb-permit--fillable.pdf I,the undersigned,am legally authorized to sign this application for the company. The information contained herein is true and correct. The company complies with the minimum requirements as set forth in the current Virginia Emergency Medical Services Regulations, 12 VAC 5-31,as amended. The company understands that it may not provide any EMS services within the City of Virginia Beach without a current,valid City of Virginia Beach Commercial EMS Agency Permit and Virginia OEMS EMS Agency License. The company understands that should a Virginia Beach Commercial EMS Agency Permit to operate within the City of Virginia Beach be issued,it does not authorize a response area within the City. Should the company need to change its operational or administrative officers,corporate or contact information,or level of service;or terminate service;or have a change in its state issued license(s);the company shall notify the Virginia Beach EMS Department within 10 days of the event(s). By submitting this agency permit application,the company agrees that it shall submit to the Virginia Beach EMS Department any renewals,changes, or enforcement actions associated with the company's OEMS Agency License within 10 days of said action(s). The company understands that failure to comply with these terms may result in its permit to operate in Virginia Beach being suspended or revoked. Ste{{ QytLay' Scott Arthur Regional Director Your signature: DATE: 1/12/2022 I AM THE: CEO listed above: Operations Officer listed above: X Return this form to: Division Chief Kevin Lipscomb, NRP klioscomna vbgov.corn Regulation &Support Services Virginia Beach EMS Department 4160 Virginia Beach Blvd Virginia Beach VA 23452 CITY USE ONLY Va Beach commercial EMS agency BLS ALS NEONATAL AIR classification: NON-EMERGENCY EMERGENCY NEW RENEWAL REINSTATEMENT \\vbgov.com\dfsl\Departments\EMS\EMS Adam\N00-CMMI-SVC-PROCESS-AREA\511PPLI ER-AGREE MEN7-MANAGEMENT\su pplier\locally-permitted-ems\application-for-vb-permit.docx \\vbgov.com\dfsl\Departments\EMS\EMS Admin\000-CMMI-SVC-PROCESS-AREA\SNPPLIER-AGREE MENT-MANAGEMENT\supplier\locally-permitted-ems application-for-vb-permit—finable.pdf VIRGINIA BEACH EMS DEPARTMENT Private EMS Permit Due Diligence Checklist Agency:_Midwest Medical transport Compnay, LLC, DBA MMT Ambulance For cycle beginning July 1 of year: off cycle — new request• n :hem Completion initials Application is filled out completely and legibly JTB Disclosure Statement Form is filled out completely and legibly w/service providers identified JTB Agency's VA DOH OEMS license is current NA- new Check EMS Agency Search on VA DOH OEMS website. Agency has no demonstrated pattern of receiving enforcement actions from VA DOH OEMS NA- new Check for Agency Enforcement Actions on OEMS website. Principle personnel (CEO/C00/OMD) have no demonstrated pattern of receiving JTB enforcement actions from VA DOH OEMS Check for Individual Enforcement Actions on OEMS website. VDH OEMS Program Representative endorses that agency is in good standing JTB—as Provide endorsement statement. obtaining license Agency is in good standing with the SCC JTB Provide printout of the appropriate VA SCC CIS Inquiry result. Agency is in good standing with VB Commissioner of the Revenue NA— new agency Agency is in good standing with VB Treasurer NA— new Direct inquiry to Kelly Copeland, Deputy Treasurer for Personal Property agency \\vbgov.com\dfsi\Departments\EMS\EMS Admin\000-CMMI-SVC-PROCESS-AREA\SAM\supplier\locally-permitted ems\due-diligence-thecklist.doa 1 DocuSign Envelope ID:E69E4B25-F11A-4D88-A9F5-A5FA1ED5740E DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Midwest Medical Transport Company, LLC D/B/A MMT Ambulance Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparation of tax returns Financial Services (include bank Great western Bank institutions, lending institutions, Omaha, NE x and current mortgage holders as applicable) Koley Jessen x Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X Scalf 11410 APPLICANT'S SIGNATURE Scott Arthur Regional Director 2/7/2022 PRINT NAME DATE V \\vbgov.com\clfsl\Departments\EMS\EMS Admin\Dill)-CMMI-SVC-PROCESS-AREA\SUPPLIER-AGREEMENT-MANAGEMENT AsupplierVocally-permitted-ems\ems-disclosure-statement.cloa \\vtgov.com\dfsl\Departments\EMS\EMS Admin\000-CMMI-SVC-PROCESS-AREA\SUPPLIER-AGREEMENT-MANAGEMENT\supplierUorzlly-permlttedems\ems-disdosure-statement--fillable.pdf 1"°icy. It? 4-0 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: (1) An Ordinance to Accept and Appropriate Funding from the Virginia Resources Authority Virginia Community Flood Preparedness Fund to Capital Project #100551, "Stormwater Green Infrastructure" (2) An Ordinance to Accept and Appropriate Funding from the Virginia Resources Authority Virginia Community Flood Preparedness Fund to Capital Project #100600, "Seatack Neighborhood Improvements" MEETING DATE: February 15, 2022 • Background: The Virginia Community Flood Preparedness Fund (CFPF) was established by the General Assembly in 2020. Funding is generated by the auction of carbon allowances through the Regional Greenhouse Gas Initiative. The CFPF was established to provide support for regions and localities across Virginia to reduce the impacts of flooding, including flooding driven by climate change. Funding is distributed from the Virginia Resources Authority and administered by the Virginia Department of Conservation and Recreation. To date, Virginia Beach has been awarded funding through two rounds of grant applications. Round 1: Elizabeth River Wetland and Floodplain Restoration The City was awarded funding in Round 1 of the CFPF to complete design and construction of nature-based drainage improvements in two locations near the Eastern Branch of the Elizabeth River. Project Area 1 is located near Arrowhead Elementary School and Woods of Avalon Park. Project Area 2 is located near Carolanne Farms Neighborhood Park and Ferry Point Park. Proposed improvements at both Project Areas include wetland restoration, floodplain restoration, and installation of living shorelines. The proposed design features will work together to restore the wetlands and natural channel sinuosity, promote healthy sediment distribution, improve water quality, and provide improved storage capacity during existing and future flood events. The awarded funding and local match are as follows: Total Cost CFPF Local Allocation Contribution $8,475,780 $3,000,000 $5,475,780 The local match for this grant is being met with Capital Project #100551, "Stormwater Green Infrastructure," and this grant will be a subproject of "Stormwater Green Infrastructure." Round 2: Seatack Neighborhood Drainage Improvements The City was awarded funding in Round 2 of the CFPF to complete design and construction of drainage improvements in the Seatack Neighborhood along South Birdneck Road between Hughes Avenue and Sea Street. Improvements, located within the Linkhorn Bay drainage basin, include installation of large stormwater pipes to replace existing smaller pipes along South Birdneck Road and Jackson Street, which will provide additional capacity in the stormwater conveyance system during flood events. This project will allow South Birdneck Road, which serves as a secondary evacuation route, to be passable during a 100-year storm with 1.5 feet Sea Level Rise. The awarded funding and local match are as follows: Total Cost CFPF Local Allocation Contribution $3,675,000 $1 ,925,000 $1,750,000 The local match for this grant award will be from Capital Project #100600, "Seatack Neighborhood Improvements." • Considerations: The City Council has prioritized addressing recurrent flooding and sea level rise. Local contributions for both projects are included in the appropriated stormwater bond referendum funding. Accepting and appropriating the funding from the Commonwealth will allow design and construction to progress on these critical projects and provide additional flexibility for the Flood Protection CIP. Payment from the Commonwealth for both projects will be provided on a periodic reimbursement request basis. • Public Information: Normal City Council agenda process • Attachments: Ordinances (2), Location Maps (2) Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: OW 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA RESOURCES 3 AUTHORITY VIRGINIA COMMUNITY FLOOD 4 PREPAREDNESS FUND TO CAPITAL PROJECT #100551, 5 "STORMWATER GREEN INFRASTRUCTURE" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $3,000,000 is hereby accepted and appropriated, with revenues from the 11 Commonwealth increased accordingly, to Capital Project #100551, "Stormwater Green 12 Infrastructure," for design and construction of nature-based drainage improvements in 13 two locations near the Eastern Branch of the Elizabeth River. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / Budget and Management Services Cit r y's Office CA15691 R-1 February 2, 2022 �2� Wrfr / et4/� \`o tv �/ a`s II N i f iii, egNjC% iF 4vG1 Q Q!piw -7�- E 1A'Aik--. IL,',. , W. ii".0,-- - -/Q4/;; atoc /-,4p.- - - lit% si ....... 0 041- ' Arm/ _61'Am, ,c_, .t,...t.c)-4, 0441r ,*4, / .. Ilk aft r-r-% II 'v4 oii, gew ,„.//, 0 0. ../ �� pi 1/ P;OVIDENCE RD , r/ �._, .... G� L/ r , R ;i t[? A 4 G /� .._Y tail z=mu.7r-a-Az i -i..1.1 mil . il.4417,7):,----=--___:_=_I:' Arrowhead Ak-mu, 17 ' 11111 Elementary all 1:- p:r n:: �4 D_ or Pq4k1.61114 0' \';;;;;--v I 1-—--mi----•1,-----=------------=----__i:::u U 1 'ip,0114,4, --- cCienatIc,i3n°1` fri, at _4V1' o 4tp,t,', jtk.,-, , imp.. ' ,.., C' ito. 1 4V-.•tfd I L .. . - x 4 weitatw-c-4:4 ,ikott eacitc ° 8 "I*Ci r NVRL Gam, �,® Q ® p j�lf , ' �� �n01 Woods of 6 L Cam i Avalon Park QZ if I Carolanne Farms -Q 1 Neighborhood ( '; ilt' 4 0 t Pia k `t�J oLil f Q'�_ J IU _ C ' Ilk '' `'Lr� ti r CW C L 0, topoperlk C`py"�riot. ° Q C,.) c L '0\1' Ferry b t IN /kph, , r 5Zap_ Point Park ?_ L'i r aur , 2�! r J a Y VJ pri 11 lif L'I 't L ,,, -,-----,, _ Oft ii.. „7.-„,„&74, . „. __ __ ..u_i Chi® 4 ® Q - _ . - 1 .irj p3,,. , u,T) 7 Ir1 . \ co 0 AIN MIN . 6.1 tit : Er: ti - 1--- 101111 -11""lim &11 f/Ilmi ° > LOCATION MAP a y 1 a `� •t, EASTERN BRANCH ELIZABETH RIVER ' L „q tFl Q1 PR/NC E WETLAND AND FLOODPLAIN RESTORATION t� `� Feet \ C; ° ti ;__ L, , 0 250 500 1,000 f—1\�.- r , 01/26/2022 X:\CADD\Projects\ARC Files\AGENDA MAPS\Eastem Branch Elizabeth River Wetland and Floodplain Restoration 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA RESOURCES 3 AUTHORITY VIRGINIA COMMUNITY FLOOD 4 PREPAREDNESS FUND TO CAPITAL PROJECT #100600, 5 "SEATACK NEIGHBORHOOD IMPROVEMENTS" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $1 ,925,000 is hereby accepted and appropriated, with revenues from the 11 Commonwealth increased accordingly, to Capital Project #100600, "Seatack 12 Neighborhood Improvements," to complete design and construction of drainage 13 improvements in the Seatack Neighborhood along South Birdneck Road between Hughes 14 Avenue and Sea Street. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services Cit rn s Office CA15694 R-1 February 3, 2022 0,904 RO 9 r I J �I ( 1 r J p%; J// J/ ill ., -,t N ;, F LORET_TA1 LN ; Q`' ; /// 2� 'Hs--�— 1U t'0- - _ � ;� •';�W -,,�- E VIRGINIA BEACH BLVD U _ m NORFOLK AV ..I U p ` $ S/ E C- - —� - 7'. ' L'OpFgV 4: - ATLANTISDR\ tici r isr �m° L 0 i_t2 - 1 --' rifi Ci h' / y /t ' C 1 14 -HERN=BLVD_ NOR_ FOLKAVE _ _ _ �� m - L� B P // �• 'i c ', . . - 1 t� /(+ 8. *ft Wirt' -46t JACRSQN t A ST----4-... , i� �:�J� i►p' i kir �� SAP - 44! ss st,,,,,e7 - .cz- 0+ 7 SI ri,„. - _>/,,,- -/c:Nis_ ik ,z, , - \ co . ce 0 i r • _p., 1 NNN / 7 - -- 'p. R► <., 2tqopcppuc �V. 10. , A C W m -v ,II .� 4 ��P '(�K �czn Z 1 , */ �{ BRANT_RD u) 73`_ \/ .ht - Hopi Hopi ION,. I it C, U- p \\ 0 4 - ---PRESERVE DR 0 G BEp,UT.IFU Q w 1 ,`r a 0 ,p ► ` ok. . 41,.r. �� y1�IM yid 1 _-_ - \® A GANNET-RUN- r�+ Y:. roao ��� �id. T.S�r I Lr ��n DEER CREEK.DR �,\ qgXltzi\ '- =GOOSE zip,LN �] s • ,73 ______} \ ,. - , 1Z L m O pp . c. V y ° Il r Li i\ OWI-e ' LiRI f� c -_,r LOCATION MAP \, PROPOSED STORMWATER PIPE L___- CIP 100600 SEATACK NEIGHBORHOOD IMPROVEMENTS ,-= Feet \ 0 255 510 1,020 Prepared by P.W./Eng./Eng.Support Services Bureau 01/26/2022 X:\CADD\Projects\ARC Files\AGENDA MAPS\Birdneck Rd\Jackson St-Sea St [ ,Ort-i4"c.,,,,,, i - .**; (_ !., `iy4 e! 1. JJ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds for Efforts to Address Internet Crimes Against Children MEETING DATE: February 15, 2022 • Background: The County of Bedford and more specifically, the Southern Virginia Internet Crimes Against Children (ICAC) Task Force, has been awarded funding from the ICAC Fund. This funding has been made available by the Virginia Department of Criminal Justice Services. The City of Virginia Beach Police Department has been approved as a sub-recipient for $25,000 of this funding. This grant will fund equipment needed for ICAC investigations, overtime for ICAC related travel, training or other approved events, and training needed to investigate ICAC cases. The grant period is from January 1, 2022 through June 30, 2022. • Considerations: The grant provides $25,000 of funding. There is no local match requirement for this grant. • Public Information: Normal Council Agenda process • Alternatives: This grant provides funding to address the Police Department's needs. No other funding is available for these projects. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:/V 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR EFFORTS TO ADDRESS INTERNET CRIMES 3 AGAINST CHILDREN 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $25,000 from the Virginia Department of Criminal Justice Services, via the 9 Southern Virginia Internet Crimes Against Children Task Force and the Bedford County 10 Sheriff's Office, is hereby accepted and appropriated, with revenue from the 11 Commonwealth increased accordingly, to the FY 2021-22 Operating Budget of the Police 12 Department for overtime, the purchase of equipment, travel, and training to enhance 13 efforts to address internet crimes against children. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services n s Office CA15689 R-1 February 2, 2022 \HlA��11 a L7 4• i��l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Police Department for Terrorism Response Equipment MEETING DATE: February 15, 2022 • Background: The Virginia Department of Emergency Management has awarded the Virginia Beach Police Department grant funds passed through from the U.S. Department of Homeland Security Federal Emergency Management Agency. These funds are part of the 2020 State Homeland Security Grant Program-Urban Area Security Initiative. This grant will be active from October 1, 2021 through July 31, 2023. The grant provides $374,850 of federal funding and has no match requirement. The purpose of this funding is to assist state and local efforts to prevent, prepare for, protect against, and respond to acts of terrorism. The funding will be used to purchase equipment to replace outdated or obsolete items in the Police Special Operations Unit. This equipment will assist the Police Department to prevent and respond to potential acts of terrorism. • Considerations: The grant provides $374,850 of federal funding. There is no local match requirement for this grant. These funds will be used to replace an aging large bomb robot as part of a multi-phase replacement plan. • Public Information: Normal Council Agenda process • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department A City Manager:, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE POLICE DEPARTMENT FOR TERRORISM 3 RESPONSE EQUIPMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $374,850 from the Virginia Department of Emergency Management via the 9 U.S. Department of Homeland Security Federal Emergency Management 10 Agency is hereby accepted and appropriated, with federal revenue increased 11 accordingly, to the FY 2021-22 Operating Budget of the Police Department to 12 purchase a bomb robot, which is a part of the multi-year replacement plan. 13 14 2. The equipment purchased with these grant funds is not guaranteed to be 15 replaced by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City ne ' ffice CA15688 R-1 February 2, 2022 L. PLANNING 1. ASWINI KUMAR PRADHAN & PUSPALATA PRADHAN for a Modification of Proffers to a Conditional Change of Zoning re change side yard setback at 1521 Taylor Farm Road and 2617 Horse Pasture Road DISTRICT 5 (Formerly District 3 - Rose Hall) RECOMMENDATION: APPROVAL 2. DRAGAS ASSOCIATES,INC./HAWKINS MILLS,LC/HAWKINS MILL at HAYGOOD CONDOMINIUM ASSOCIATION, INC., for a Conditional Change of Zoning from R-10 Residential District to Conditional A-24 Apartment Districts and Modification of Proffers re increase the number of multi-family dwellings by sixteen (16) at 5000 & 5024 Haygood Road DISTRICT 4 (Formerly District 4 - Bayside) RECOMMENDATION: APPROVAL 3. ENVISION STUDIO, INC. /WOODWAY KNOB HILL, LLC for a Conditional Use Permit re tattoo parlor at 6361 Indian River Road, Suite 107 DISTRICT 1 (Formerly District 1 - Centerville) RECOMMENDATION: APPROVAL 4. WATSON REAL ESTATE II, LLC for a Conditional Use Permit re animal hospital & commercial kennel at 2497 North Landing Road DISTRICT 2 (Formerly District 7 - Princess Anne) RECOMMENDATION: APPROVAL 5. MEIRONG NEWLON / LANDSTOWN COMMONS OWNER, LLC for a Conditional Use Permit re tattoo parlor at 3312 Princess Anne Road DISTRICT 2 (Formerly District 7 - Princess Anne) RECOMMENDATION: APPROVAL 6. WINNER'S PROPERTY, LLC / THE RUNNYMEDE CORPORATION for a Conditional Use Permit re motor vehicle sales & service at 3736 Sentara Way DISTRICT 3 (Formerly District 3 - Rose Hall) Deferred from December 7, 2021 RECOMMENDATION: APPROVAL 7. MITCHBTATTOOS, LLC DBA GREYSCALE TATTOO GALLERY / MITCHELL ANTHONY BAER/ SOUTHERN STAR COMMONS, LLC for a Conditional Use Permit re tattoo parlor at 265 Jersey Avenue, Suite 106 DISTRICT 4 (Formerly District 4 - Bayside) RECOMMENDATION: APPROVAL 8. METRO TOWING COMPANY, INC. /INTRACOASTAL ASSETS,LLC for a Conditional Use Permit re bulk storage yard at 1194 Bells Road DISTRICT 6 (Formerly District 6 - Beach) RECOMMENDATION: APPROVAL 9. CECILIA PATTERSON / CHAMBORD COMMONS, LLC for a Conditional Use Permit re tattoo parlor at 328 North Great Neck Road, Suite 103 DISTRICT 6 (Formerly District 6-Beach) RECOMMENDATION: APPROVAL 10. Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Stormwater Impacts for Discretionary Land Use Applications (Deferred from February 1, 2022) RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL u. F� , i�Vtiv, NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, February 15, 2022 at 6:00 p.m. In the Council Chamber at City Hall, Building 1,2^d 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 https://vbgov.webex.com/vbeovionsteeele.ohoThATID=e5db3ce9 2116449121c6b9c4d1d610d80 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on February 15,2022. The following requests are scheduled to be heard: Aswini Kumar Pradhan & Puspalata Pradhan (Applicants & Property Owners) Modification of Proffers Address: Along Horse Pasture Road, between 1521 Taylor Farm Road and 2617 Horse Pasture Road GPIN(s): 1495750349 Council District:5 Dragas Associates, Inc (Applicant) Hawkins Mill, LC, Hawkins Mill at Haygood Condominium Association, Inc (Property Owners) Conditional Rezoning(R-10 Residential District to Conditional A-24 Apartment District (0.69-acres))&Modification of Proffers for construction of 16 additional multi-family dwellings for a total of 104 units on 9.65 acres at a density of 10.78 units per acre)Address: 5000& 5024 Haygood Road GPIN(s): 1468934983,1468933539 Council District:4 Envision Studio,Inc.(Applicant)Woodway Knob Hill,LLC(Property Owner) Conditional Use Permit(Tattoo Parlor)Address:6361 Indian River Road, Suite 107 GPIN(s):1456244833 Council District 1 Watson Real Estate II,LLC(Applicant&Property Owner)Conditional Use Permits (Animal Hospital & Commercial Kennel) Address: 2497 North Landing Road GPIN(s):1494811072,1494800978 Council District:2 Meirong Newlon (Applicant)Landstown Commons Owner, LLC(Property Owner) Conditional Use Permit(Tattoo Parlor)Address: 3312 Princess Anne Road GPIN(s):1495001218 Council District:2 Winner's Properties,LLC(Applicant)The Runnymede Corporation(Property Owner)Conditional Use Permit(Motor Vehicle Sales&Service)Address: 3736 Sentara Way GPIN(s):1487428775 Council District:3 MitchBTattoos,LLC dba Greyscale Tattoo Gallery(Applicant)Southern Star Commons, LLC(Property Owner)Conditional Use Permit(Tattoo Parlor) Address: 265 Jersey Avenue, Suite 106 GPIN(s): 1467856427 Council District 4 Metro Towing Company,Inc(Applicant)Intracoastal Assets,LLC(Property Owner)Conditional Use Permit(Bulk Storage Yard)Address:1194 Bells Road GPIN(s):2416474808 Council District:6 Cecilia Patterson(Applicant)Chambord Commons,LLC(Property Owner) Conditional Use Permit(Tattoo Parlor)Address:328 N Great Neck Road, Suite 103 GPIN(s):2407065012 Council District:6 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 www.vbgov.com/government/departments/city-clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON- JANUARY 30,2022&FEBRUARY 6,2022-1 TIME EACH AG2 aft -- - 12 12 r"----\ 11 -____ Horse P asfu--- re R Hose - Pasii - Uoad j10ltreR 12 izi ________________ . ---______ __ _ _____ ___ _______ ... . _ ___ 0 ___ _______ --�_________ ______ ______ Darn Nec _ _ - k Road--�_ �-- �am_N _ `- e-�Road— AG1 _ 0 111 ,_______ N r 1, Site ��� Aswini Kumar Pradhan & Puspalata Pradhan W , `W' ' C Property Polygons 1521 Taylor Farm Road and 2617 Horse Pasture Road s E Zoning Building Feet 0 35 70 140 210 280 350 420 c N r .'4`l- yLl i,'.,; ,.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ASWINI KUMAR PRADHAN & PUSPALATA PRADHAN [Applicants & Property Owners] Modification of Proffers to a Conditional Rezoning (Change to proffered side yard setback) for the property located along Horse Pasture Road, between 1521 Taylor Farm Road and 2617 Horse Pasture Road (GPIN 1495750349). COUNCIL DISTRICT 5, formerly Rose Hall MEETING DATE: February 15, 2022 • Background: The site is located within the Taylor Farm Commerce Park and was rezoned to Conditional I-1 Light Industrial on May 14, 2002. In 2004, the proffers were amended to require a minimum side yard setback of 30 feet for lots that abut Dam Neck Road. The applicant seeks a Modification of Proffers to amend Subsection D of Proffer 1 for only this property to allow the construction a 16,714 square foot office/warehouse building with a 15-foot side yard setback, rather than the 30 feet required by the original proffer agreement. The building and reduced 15-foot side yard would be located on the western side of the parcel. The eastern side yard will maintain the 30 feet setback as proffered. • Considerations: According to the applicant, due to the narrow width of the parcel, this request is required to accommodate a reasonably sized industrial building with the required parking spaces and drive aisle. It is important to note that without the 30-foot setback requirement in the proffer agreement, the requirements in the Zoning Ordinance would permit a 0-foot side yard setback for parcels zoned I-1 Light Industrial District. This request to allow a reduction in the side yard setback from 30 feet to 15 feet will, therefore, continue to exceed the minimum requirement. All other standards of the Zoning Ordinance and the proffers can be met or are exceeded. There is no known opposition to this request. • Recommendation: On January 12, 2022, the Planning Commission passed a motion to recommend approval by placing this application on the Consent Agenda with a vote of 10 to 0. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Aswini Kumar Pradhan & Puspalata Pradhan Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department / City Manager: PIP Applicants & Property Owners Aswini Kumar Pradhan & Agenda Item Puspalata Pradhan Planning Commission Public Hearing January 12, 2022 City Council District District 5,formerly Rose Hall 1 0 Virginia Beach Request Modification of Proffers Staff Recommendation ay%� Approval S4' uo �` .c . 4n aa P'R /\ oao Staff Planner Hoa N. Dao ""�'`°F � Location London erg.Road Along Horse Pasture Road, between 1521 R ad ' •\ "a Taylor Farm Road & 2617 Horse Pasture Road °a" "R„d GPIN 1495750349 d Site Size `afa , a 1.0 acre A I C U Z °I",01c°,,,,. 70-75 dB DNL Watershed Chesapeake Bay Pertor Existing Land Use and Zoning District • 17=- mapr r--- °un Undeveloped land/ 1-1 Light Industrial "' - '+ Oir Sri e I , 4 a Surrounding Land Uses and Zoning Districts ��d• r, d b -- North ill "" ;,-.. •Horse Pasture Road "� " `�u 1 Office,warehouse/ I-1 Light Industrial Road s South F `� Dam Neck Road -.._, } i- , °am Neck Road f Outdoor recreation facility/AG-1 Agricultural 4 , East .ram:' S' -,:. Office/ I-1 Light Industrial , , . ?, , 4'"�y �^ •,..�, West „r'IP '! `'.'- Office-warehouse/ I-1 Light Industrialirt. ;'t ' `' Aswini Kumar Pradhan & Puspalata Pradhan Agenda Item 10 Page 1 Background & Summary of Proposal • This request was deferred at the November 10, 2021 Planning Commission hearing at the applicant's request in order to revise the proposal to address comments received from concerned neighbors.Since the deferral,the applicant submitted revised proffers and conceptual exhibit for review.The revised exhibit shows the building setback of the eastern side yard increases to 30 feet compares to the 15 feet setback that was originally proposed. Staff has updated this report to reflect the new proposal. • The subject site is located within the Taylor Farm Commerce Park and was rezoned to Conditional I-1 Light Industrial on May 14,2002. In 2004,the proffers were amended to require a minimum side yard setback of 30 feet for lots that abut Dam Neck Road. • The applicant seeks a Modification of Proffers to amend Subsection D of Proffer 1 for only this property to allow the construction a 16,714 square foot office/warehouse building with a 15-foot side yard setback, rather than the 30 feet required by the original proffer agreement.The building and reduced 15-foot side yard would be located on the western side of the parcel.The eastern side yard will maintain the 30 feet setback as proffered. 1 . � n � ----------j '. Lo„done,kR�d Zoning History s.4 r---- # Request p i 1 MDP Approved 05/18/2021 n ,j 2 CUP(Bulk Storage Yard)Approved 12/11/2018 • - 3 CUP(Bulk Storage Yard)Approved 05/01/2018 4 CUP(Craft Brewery)Approved 03/20/2018 I--`--�m""'`Reaa = _ . 5 MDP Approved 09/14/2004 -----'--�� - CRZ(AG-1&AG-2 to Conditional I-1)Approved 05/14/2002 c V 6 CUP(Outdoor Recreational Facility)Approved 09/23/1997 • Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,the applicant's request to reduce the western side yard setback from 30 feet to 15 feet associated with the construction of the proposed 16,714 square foot office/warehouse building within the Taylor Farm Commerce Park is acceptable.According to the applicant,due to the narrow width of the parcel,this request is required to accommodate a reasonably sized industrial building with the required parking spaces and drive aisle. As noted in the table below,there is a 0-foot side yard setback requirement for parcels zoned I-1 Light Industrial District.The proposal to adjust the proffer to allow a reduction in the side yard setback from 30 feet to 15 feet on the western side of the parcel will continue to exceed the zoning requirement. Although the setback is requested to be reduced,the parcel will continue to exceed this minimum standard for properties zoned I-1,as well as exceed minimum requirements for lot area and lot width. Aswini Kumar Pradhan& Puspalata Pradhan Agenda Item 10 Page 2 LOT STANDARD for I-1 LOT 23C LOT AREA 20,000 square feet 43,560 square feet LOT WIDTH 100 feet 122.50 feet FRONT YARD SETBACK 30 feet 30 feet SIDE YARD SETBACK 0 feet 15 feet(west)&30 feet(east) The elevations depicted on page seven of this report show the building to be of similar construction materials and architectural designs to other buildings within this Commerce Park. Based on these considerations,Staff recommends approval of the request subject to the proffers listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer numbered "1(d)" is amended to read: d) A minimum fifteen-foot (15')side yard building setback shall be required on the western side of Lot 23C and a minimum side yard building setback of thirty-foot(30')shall be required on the eastern side of Lot 23C despite a rear property line abutting Dam Neck Road. Proffer 2: All of the terms, conditions, covenants, and agreement set forth in the Proffer,save and except proffer numbered "1(d)" which is amended herein,are ratified,affirmed and remain binding upon the Property and upon all parties and persons claiming under, by or through the Grantor. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 2004 Proffers 1. Proffer numbered "2" is amended to read: The parcels shall be subject to the following mandatory site development guidelines: a) A fifty-foot(50') landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. b) A twenty-foot(20) landscape setback from London Bridge road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. c) A minimum fifty-foot (50') building setback shall be required from London Bridge Road. d) A minimum thirty-foot (30')side yard building setback shall be required on those lots with a rear property line which abuts Dam Neck Road. e) A minimum fifteen foot(15')side yard building setback shall be required on those lots which do not have a property line abutting Dam Neck Road, provided a ten foot(10')wide Category II Landscape Buffer is maintained along the entire length of the side property line from which the fifteen foot(15')setback is measured. Aswini Kumar Pradhan& Puspalata Pradhan Agenda Item 10 Page 3 f) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the "SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK",dated March 15, 2002 which are included in the Deed Restrictions described in Proffer number 3. g) No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road. h) No building shall exceed forty-five feet(45') in height and the primary exterior surface of all buildings shall be either brick,split face block, painted block, concrete panel,stone,wood, EIFS, or metal and shall be an earth- tone color or colors.The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which are visible from Dam Neck Road shall be either brick,split face block or stone."The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). 2002 Proffers 1. When the Property is developed, it shall be developed into no more than fourteen (14) parcels substantially as shown on the exhibit entitled "TAYLOR FARM CORPORATE PARK SITE PLAN Virginia Beach,Virginia",dated 03/11/02 and prepared by Spectra Group,which has been exhibited to the Virginia Beach City WOMACK—CHAPPEL Agenda Item# 19 Page 3 Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan"). 2. The parcels shall be subject to the following mandatory site development guidelines: a) A fifty-foot(50') Landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. b) A twenty-foot(20') Landscape setback from London Bridge Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. c) A minimum fifty-foot (50') building setback shall be required from London Bridge Road d) A minimum thirty-foot (30')side yard building setback and rear yard building setback(on non-through lots) shall be required. e) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the "SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK" dated March 15,2002 which are included in the Deed Restrictions described in Proffer#3. f) No onsite vehicular parking,outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on any parcel adjacent to Dam Neck Road. g) No building shall exceed forty-five feet(45') in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block,concrete panel,stone,wood, EIFS or metal and shall be an earth- tone color or colors.The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which is visible from Dam Neck Road shall be either brick, split face block or stone. 3. When the property is subdivided it shall be subject to a recorded Declaration of Protective Covenants,Conditions and Restrictions("Deed Restrictions")administered by a mandatory membership Property Owners Association. In addition to the requirements set forth herein,the Deed Restrictions shall include Articles requiring mandatory assessments for maintenance of the landscape buffers and entrance features as well as Architectural Controls.The Deed Restrictions have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 4. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Aswini Kumar Pradhan & Puspalata Pradhan Agenda Item 10 Page 4 Comprehensive Plan Recommendations The subject property is located within the South Oceana Special Economic Growth Area (SEGA), which the Comprehensive Plan identifies to have significant economic value and growth potential. Developments along key roadways are desired to have attractive and high-quality architectural building materials and designs. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Dam Neck Road 36,300 ADT' 39,700 ADT (LOS°"D") Existing Land Use 2-0 ADT Proposed Land Use 3—30 ADT Horse Pasture Road No Data Available 9,900 ADT (LOS°"D") 'Average Daily Trips 2 as defined by a vacant 1-acre 3 as defined by a 16,714 square °LOS=Level of Service parcel foot warehouse/office building Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Horse Pasture Road and Dam Neck Road are in the vicinity of this application. Horse Pasture Road is considered a two- lane collector roadway and Dam Neck Road is considered a four-lane major suburban arterial. There are no CIP roadway projects planned for this area. Public Utility Impacts Water City water is available for connection. There is a 10-inch City water main along Horse Pasture Road. Sewer City sanitary sewer is available for connection. There is an eight-inch City sanitary sewer gravity main along Horse Pasture Road. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 26, 2021 and January 2, 2022. Aswini Kumar Pradhan & Puspalata Pradhan Agenda Item 10 Page 5 • 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 27, 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 January 6, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 30,2022 and February 6, 2022. • 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 January 31, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on February 11, 2022. Aswini Kumar Pradhan &Puspalata Pradhan Agenda Item 10 Page 6 Proposed Site Layout & Landscape Plan STURL RD 1 _ , 4 .."-- -;',7-____4v........„4„.. .4 , _ . ......_ ..: ... , . h 110 Z m." , rt / A _Jim v I___--rtxssswl wa,Ga tlLY.COO �iIaAUTt Ran) 15' al iftway ipt 1. v •) ,` .----- .I. elak CO b W ' f 1E R(.RFEY - - 4 o /' .. rr TREES C1.4 4.1 ^y !. SW0 4 11IA.(•S• '•••'sr. 44 !1 ^ , . CAMPY �SPANKING�sl 0 Ora 4 ,, 46.5-' I .," 0 • IFOVhDAT +~ _ PARKING LOT I PLAY H'.GS)Oh '—smut FROM _ i. PLANTINGS J = y yam_ _ ]� i 1VK iN Aswini Kumar Pradhan & Puspalata Pradhan Agenda Item 10 Page 7 Proposed Elevations ii u • ,I II s V I a Alf \ = 2 N 2 K __, ti p w i o W z 0 � , I[ 1-_-- ... .I, a • 1I l ,'i J .- I I • h Aswini Kumar Pradhan & Puspalata Pradhan Agenda Item 10 Page 8 Site Photos • ' '42 MIS 4 int 44. ti t i • •toot } _ e Aswini Kumar Pradhan & Puspalata Pradhan Agenda Item 10 Page 9 Navy Easement Compliance Review DEPARTMENT OF THE NAVY 1, NAVAL AIR STATION OCEANA =i 1750 TOMCAT BOULEVARD VIRGINIA BEACH VIRGINIA 2 3460-2 1 9 1 INRt✓L,F,F'FF'! 4535 N4/300 13 Oct 21 Dr.Aswini Pradhan 2349 Newstead Drive Virginia Beach,VA 2345r Dear Dr.Pradhan: Thank you for the request for an easement compliance review for the use of a property identified as GPIN 14957503490000,located on Horse Pasture Road.Virginia Beach,Virginia. I reviewed an analysis prepared by a Navy Real Estate Contracting Officer and I agree with the conclusion that the property is subject to restrictions resulting from two separate Grants of Easement acquired by the United States of America. Enclosed is a copy of the Review and Findings for your convenience. You have not proposed a use of the property.but have proposed to build a"spec"building,which you describe will be"used primarily warehousing and office". Accordingly,since there is no proposed use of the property,and the structure may or may not be permitted under the terms of the Grant of Easement,the U.S.Navy cannot provide a determination as to whether the use or structure is permitted. Be aware that our determination is based on the representations of the use and location of the property. Please be advised,you must contact the U.S.Navy whenever a user of the property is identified,so the Government may provide a determination of the use at that time. Failure to request a determination could potentially result in a tenant/user of the building being notified their use is not permitted under the terms of the Grant of Easement. This notification could result in the tenant/user being forced to relocate their business/use. The U.S.Navy will periodically conduct random reviews in the field,of the properties encumbered by covenants and restrictions to ensure that the interests of the United States are protected. Thank you for your request on this matter. My point of contact for this matter is Mr.Paul Moomaw,who can be reached at(757)433-2678 or via e-mail at paul.moomaw( navy.mil. Sincerely, h, L R.L.HOLMES Captain,U.S.Navy Commanding Officer Enclosure: I. Real Estate Contracting Officer's Review and Findings Copy to: NAVFAC MIDLANT(Codes ARRA12) Aswini Kumar Pradhan & Puspalata Pradhan Agenda Item 10 Page 10 Navy Easement Compliance Review EI-0395 28 September 2021 REAL ESTATE CONTRACTING OFFICER'S REVIEW AND FINDINGS Request Received: On 24 September 2021,I received an easement compliance review request from Dr.Aswini Pradhan, for a property identified as GPIN 14957503490000 on Horse Pasture Road,Virginia Beach,VA. Property Location: The subject property is located within P-995,Parcel 500. The United States acquired certain rights over Parcel 453 through a Grant of Easement dated 14 June September 1983. The Navy refers to the GOE covering Parcel 500 as E1-0395. Proposed Use: According to the request the property has no identified use. A"spec"building will be built on site and future uses will be determined when tenants are found. The request specifically states: The properly will be used primarily fin.warehousing and office space. The tenants are undetermined at this time, hut the typical operations anticipated by tenants will he racking in warehouse areas for storage,minor packaging to prepare items to be shipped on a low-volume basis,incidental filing' administratiorvaccounting directly associated with the operations in the warehouse,and potential minor refurbishing of equipment. All materials will be received at the proposed location and stored inside the building until they are sold and distributed to retailers. No maintenance or repair of vehicles is proposed as part of this development. Review of Restrictive Easement(s): The restrictions begin with paragraph I. Paragraph 1 prohibits any obstruction extending more than 170 feet above mean sea level. Paragraph 2 states"the property shall not be used for any of the following uses or structures:"and proceeds to list seventeen(17)specific uses. Paragraph 2.k prohibits the manufacturing,storage,handling or distribution of explosives,petrochemicals or petroleum and related products. Paragraph 2.o prohibits offices or office buildings,except those maintained in connection with uses not prohibited in paragraph 2. Paragraph 2.p prohibits retail sales except as an auxiliary function of enterprises and/or uses not prohibited in paragraph 2;the gross building area of any area open to the public and/or showrooms devoted to a permitted retail sale,shall not exceed ten(10)percent of the gross building area. Paragraph 3 provides for the Government's ingress and egress of the property for purposes of exercising the rights contained within the GOE. Paragraph 4.States"All uses and structures not prohibited herein above are permitted,including but not limited to the following:"and proceeds to list twenty-six(26)specific uses. 1 Aswini Kumar Pradhan & Puspalata Pradhan Agenda Item 10 Page 11 Navy Easement Compliance Review EI-0395 28 September 2021 Conclusions: Dr. Pradhan proposes to build a"spec"building without any identified tenants or users of the property. The GOE prohibits certain"structures"and"uses". Without an identified"use"the Government cannot provide a determination as to whether the"use"of the property is compliant with the language in the GOE. Dr. Pradhan describes the building for"primarily warehousing and office space". Office space is only permitted if it is maintained in connection with a use that that is not prohibited. Warehousing of explosives,petrochemicals,petroleum and related products is prohibited. The Government cannot provide a determination as to whether the"structure"is compliant with the language in the GOE until uses of the property are proposed PAUL MOOMAW Real Estate Contracting Officer 2 Aswini Kumar Pradhan &Puspalata Pradhan Agenda Item 10 Page 12 Disclosure Statement Disclosure Statement City fVL5inu 8wd, Planning&Community Development 4\ The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 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 Aswini Kumar Pradhan and Puspalata Pradhan Does the applicant have a representative? I Yes ❑ No • If yes,list the name of the representative. John Sandow Engineering,LLC(John Sandow) Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes I No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) ="Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(in)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. n''%ed 11 09.2020 1 I Aswini Kumar Pradhan & Puspalata Pradhan Agenda Item 10 Page 13 Disclosure Statement Disclosure Statement Mr3 City of V opirau Beall Planning&Community 1110 - 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?0 Yes 11 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralizatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ®No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 11 No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • If yes,identify the firm and individual providing the service. John Sandow Engineering,LLC 5. Is there any other pending or proposed purchaser of the subject property?❑Yes I®No • If yes,identify the purchaser and purchaser's service providers. Revised 11 09 2020 2 I Aswini Kumar Pradhan & Puspalata Pradhan Agenda Item 10 Page 14 Disclosure Statement Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the company and individual providing the service. Steve Pincus,C.L.Pincus Jr.&Co.,2700 Sonic Drive,Virginia Beach,VA 23453(757)468-5100 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • If yes,identify the firm and individual providing the service. John Sandow Engineering,LLC 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?II Yes 0 No • If yes,identify the firm and individual providing the service. Joseph V.Sherman,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Wyt/� -�. "Pra Ctn Applicant Signature Aswini Kumar Pradhan and Puspalata Pradhan,Owner Print Name and Title _O i 23/ 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 ONtiniallaa updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applscations No changes as of D•te 2022.01.27 Sepulture Print Nana Hoa N. Dao 3I Aswini Kumar Pradhan & Puspalata Pradhan Agenda Item 10 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Aswini Kumar Pradhan & Puspalata Pradhan Agenda Item 10 Page 16 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS TO LOT 23C IN TAYLOR FARM COMMERCE PARK ASWINI KUMAR PRADHAN AND PUSPALATA PRADHAN,husband and wife, TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 14th day of December, 2021, by and between ASWINI KUMAR PRADHAN AND PUSPALATA PRADHAN, husband and wife, Property Owners, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, Property Owners are the owners of a parcel of property located in the Princess Anne District of the City of Virginia Beach, containing 1.0 acre known as Parcel 23C in the subdivision plat recorded as Instrument No.: 20180621000504970 and shown in the attached Exhibit"A" incorporated by reference and referred to as the "Property;" and WHEREAS, the Property is subject to"First Amendment to Proffered Covenants, Restrictions and Conditions" accepted by the Grantee and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument No.: 200409220151888; and WHEREAS, the Grantor has requested to the Grantee to accept a modification and an amendment to the First Amendment to Proffered Covenants, Restrictions and Conditions ("Proffer")recorded in Instrument No.: 200409220151888 as set forth herein; and WHEREAS, the Grantee's policy is to provide for the development of land for various purposes through zoning and land development legislation; and WHEREAS, the Grantor acknowledges development conflicts can occur and in order for the Grantee to permit certain uses the Grantee will require reasonable conditions for the use of the Property for the protection of the community not applicable to other land; and WHEREAS, the Grantor conveys this modification, in writing, in advance of a public hearing before the Grantee, to the Proffer related to the physical development, operation, and use of the Property to be incorporated as a part of the recorded Proffer. NOW, THEREFORE, the Grantors, their successors,personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without compulsion, promise, or consideration from the Grantee, make the following amended and modified declaration of conditions, covenants, restrictions as to the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title. 1. Proffer numbered "1 (d)" is amended to read: (d)A minimum fifteen-foot (15') side yard building setback shall be required on the western side of Lot 23C and a minimum side yard building setback of thirty-foot(30') shall be required on the eastern side of Lot 23C despite a rear property line abutting Dam Neck Road. 2. All of the terms, conditions, covenants, and agreement set forth in the Proffer, save and except proffer numbered "1 (d)"which is amended herein, are ratified, affirmed and remain binding upon the Property and upon all parties and persons claiming under, by or through the Grantor. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee shall continue in full force and effect until a subsequent action either changes the zoning of the Property or otherwise repeals such conditions. The acceptance by the Grantee is evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to Va. Code § 15.2-2204, recorded as Exhibit B to this instrument. GRANTORS: AS PRADHAN (SEAL) PUSPALATA PRADHAN P (SEAL) COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this/4 A day of December 2021 by Aswini Kumar Pradhan and Puspalata Pradhan me in the of Virginia. (J tL 4i� 411),A, Notary Public Notary Registration No.: 770 (0 to TONI ANNETTE REDIFER NOTARY PUBLIC RE(i �10 M10 diNIA COMMONMME1STRA MY CO . ISSION E RES My commission expires: 7-d I - 03.0 Y`t EXHIBIT"A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying,situate and being located in the City of Virginia Beach,Virginia and being known,numbered and designated as"Lot 23C" as shown on that certain plat entitled, "Subdivision Plat of Lot 23A Taylor Farm Commerce Park,Virginia Beach,Virginia",dated January 31,2018,and prepared by American Engineering Associates—Southeast,P.A.,Inc.,which plat is duty recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 2018062100504970.Reference is hereby made to said plat for a more particular description of the property 2 Virginia Beach Planning Commission January 12, 2022 Public Meeting Agenda Item # 10 Aswini Kumar Pradhan & Puspalata Pradhan [Applicant & Property Owners] Modification of Proffers Along Horse Pasture Road, between 1521 Taylor Farm Road and 2617 Horse Pasture Road RECOMMENDED FOR APPROVAL — CONSENT George Alcaraz: All right. We'll move on to the next item, which is item number 10. Excuse me for pronouncing this wrong, if I do. I have a feeling I will. Aswini Kumar Pradhan, Puspalata Pradhan for modification of proffers along Horse Pasture Road, between 1521 Taylor Farm Road and 2617 Horse Pasture Road on the Rose Hall District. Is there a representative for this item? Bobby Tajan: He's here in the Webex. George Alcaraz: Virtual? Clerk - Pam Sandloop: Okay, calling John Sendal as the applicant for this agenda item number seven, Mr. Sendal, if you would wait two to three seconds and then state your name for the record, and let us know if you agree with the conditions as applied to your application. John Sendal: Hi, my name is John Sendal and we do accept the conditions. Thank you. Jack Wall: Hey, Madam Clerk for the record, are there... Clerk - Pam Sandloop: 1 There are no other speakers for this. Jack Wall: It's proffers. Clerk - Pam Sandloop: Oh, for number seven? I'm so sorry. George Alcaraz: We've done number seven. Jack Wall: This is number 10. Clerk - Pam Sandloop: Mr. Sendal, please excuse me, for clarification's sake, you're- Bobby Tajan: They are for the proffers review. Clerk - Pam Sandloop: Oh, okay. Thank you. Jack Wall: Okay. George Alcaraz: All right. Thank you. Is there any opposition for this item to be on the consent agenda? All right. Hearing none. Ms. Klein, may you speak on this please? Robyn Klein: The applicant seeks a modification of proffers to amend subsection D of proffer one for only this property to allow the construction of a 16,714 square foot office warehouse building. The request was deferred at the November 10th, 2021 Planning Commission hearing at the applicant's request in order to revise the proposal to address comments 2 received from concerned neighbors. Since the deferral, the applicant submitted revised proffers and conceptual exhibit for review. The revised exhibit shows the building setback of the eastern side yard increases to 30 feet compared to the 15-foot setback that was originally proposed. Staff updated the report accordingly, and based on their recommendations, we placed the item on the consent agenda. Madam Clerk: By recorded vote of 10 in favor and zero against agenda items one, two, three, four and five, seven, 10, 11, 13, and 14 have been recommended for approval. Agenda items number 15 and 16 by recorded vote of nine in favor, zero against, with one abstention are recommended for approval. Jack Wall: Okay, thank you. That's the conclusion of the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar Aye Graham ABSENT Horsley AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer numbered "1(d)" is amended to read: 3 d) A minimum fifteen-foot (15') side yard building setback shall be required on the western side of Lot 23C and a minimum side yard building setback of thirty-foot (30') shall be required on the eastern side of Lot 23C despite a rear property line abutting Dam Neck Road. Proffer 2: All of the terms, conditions, covenants, and agreement set forth in the Proffer, save and except proffer numbered "1(d)"which is amended herein, are ratified, affirmed and remain binding upon the Property and upon all parties and persons claiming under, by or through the Grantor. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 2004 Proffers 1. Proffer numbered "2" is amended to read: The parcels shall be subject to the following mandatory site development guidelines: a) A fifty-foot (50') landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. b) A twenty-foot(20) landscape setback from London Bridge road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. c) A minimum fifty-foot (50') building setback shall be required from London Bridge Road. d) A minimum thirty-foot (30') side yard building setback shall be required on those lots with a rear property line which abuts Dam Neck Road. e) A minimum fifteen foot (15') side yard building setback shall be required on those lots which do not have a property line abutting Dam Neck Road, provided a ten foot (10') wide Category II Landscape Buffer is maintained along the entire length of the side property line from which the fifteen foot (15') setback is measured. f) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the "SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK", dated March 15, 2002 which are included in the Deed Restrictions described in Proffer number 3. 4 g) No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road. h) No building shall exceed forty-five feet (45') in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, concrete panel, stone, wood, EIFS, or metal and shall be an earth-tone color or colors. The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which are visible from Dam Neck Road shall be either brick, split face block or stone." The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). 2002 Proffers 1. When the Property is developed, it shall be developed into no more than fourteen (14) parcels substantially as shown on the exhibit entitled "TAYLOR FARM CORPORATE PARK SITE PLAN Virginia Beach, Virginia", dated 03/11/02 and prepared by Spectra Group, which has been exhibited to the Virginia Beach City WOMACK — CHAPPEL Agenda Item # 19 Page 3 Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The parcels shall be subject to the following mandatory site development guidelines: a) A fifty-foot (50') Landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. b) A twenty-foot (20') Landscape setback from London Bridge Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. c) A minimum fifty-foot (50') building setback shall be required from London Bridge Road d) A minimum thirty-foot (30') side yard building setback and rear yard building setback (on non-through lots) shall be required. e) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the "SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK" dated March 15, 2002 which are included in the Deed Restrictions described in Proffer#3. f) No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on any parcel adjacent to Dam Neck Road. g) No building shall exceed forty-five feet (45') in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, concrete 5 panel, stone, wood, EIFS or metal and shall be an earth-tone color or colors. The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which is visible from Dam Neck Road shall be either brick, split face block or stone. 3. When the property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a mandatory membership Property Owners Association. In addition to the requirements set forth herein, the Deed Restrictions shall include Articles requiring mandatory assessments for maintenance of the landscape buffers and entrance features as well as Architectural Controls. The Deed Restrictions have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 4. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 6 \ -•<4. ‘'''/. . /<> • /.c.\41/.( --cr in ['- ' A I3 ,< , 2\,< t2. seett) \N>0 / U /W ' 'Ar%: .t . z NW r ,0A /� Q� • 'C . �� 0 0 / v Otp 0 \ -tici -p 00 01, M in. -r• .(K ''',- 413\7 ,, . . f ,.; <, f s o/ iaQ4:t <, et/ oo ' I\ V 49 O \ Nj. ,0, '). in ' ci i,t, 7,Q, • . - r, ' .0„< , co ,v 4 \ ,::, ,,,,„ % C� aoo 7/ o C II 22 0 co may, \ 0 , cNi // .1, 74 7/ \ c-A —0 v 0 0 ,t.:;—t \ i„, ---- 0; 0' ail) 0 O ;1.10:0 `Ii 00 0 0 4 7� Q O 1/I i5 'N/ '00 It Qico. (II,10:61\016° <0/ i °<<1( 0l, a fl °7v I0 N o cm c /yi A. e / in d N i Y 8 a 0 Qo / f11 ti 11 ti I 06 nor �`%` �i }�'r 1 iY ..A. f•1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DRAGAS ASSOCIATES, INC [Applicant] Hawkins Mill, LC, Hawkins Mill at Haygood Condominium Association, Inc [Property Owners] Conditional Change of Zoning (R-10 Residential District to Conditional A-24 Apartment District) & Modification of Proffers for the properties located at 5000 & 5024 Haygood Road (GPINs 1468934983, 1468933539 ). COUNCIL DISTRICT 4, formerly Bayside MEETING DATE: February 15, 2022 • Background: The applicant seeks to rezone a 0.69-acre parcel from R-10 Residential District to Conditional A-24 Apartment District and modify the boundary of a condominium community that was approved by the City Council in 2018. These requests would result in the incorporation of the parcel into the existing multi-family development (8.96 acres) and increase the overall density by 16 units resulting in a total of 104 multi-family dwellings units on 9.65 acres. • Considerations: While this proposal will slightly increase the overall density from 9.82 units per acre to 10.78 units per acre, the overall density will remain lower when compared to the residential community that is located immediately west of the site that was developed at a density of 14.10 units per acre. As such, the proposed site will serve as a transition between the higher density developments to the west and the lower density developments to the south and east. The new units will be incorporated into the condominium community and will have access to existing recreational amenities such as a swimming pool and the pedestrian trail. The landscaping buffers along the perimeter of the site exceed the minimum requirement and create an aesthetically pleasing view along the rights- of-way. As the existing development was reviewed and approved based on the former stormwater management ordinance, at the time of final site plan submittal, modifications to the existing stormwater management strategy will be required to be reviewed under current stormwater regulations. The applicant is aware of this requirement. While there were two speakers in opposition at the Planning Commission public hearing who noted concerns related to the number of traffic accidents at the Dragas Associates, Inc Page 2 of 2 entrance into the community, Traffic Engineering Staff could not substantiate this claim. Other issues discussed included a perception of a lack of public notice, stormwater runoff onto adjacent properties, and objection to a second entrance into the neighborhood along Haygood Road, where none is proposed. The applicant stated that they attempted to contact the two speakers by phone and letters after the Planning Commission public hearing to discuss their concerns but did not received a response. As requested by Councilmember Jones, staff reviewed those that spoke in opposition and they do not reside at the residence that is surrounded by the development. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. • Recommendation: On January 12, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0, with 1 abstention. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1:44(7 "I\B Applicant Dragas Associates, Inc Agenda Items Property Owners Hawkins Mill, LC, Hawkins Mill at p p_ (� Haygood Condominium Association, Inc O O� 7 Planning Commission Public Hearing January 12, 2022 Virginia Beach City Council District District 4,formerly Bayside Requests #8 - Conditional Rezoning (R-10 Residential District to Conditional A-24 Apartment District) #9 - Modification of Proffers 3 8 Norwe II lane Staff Recommendation el o > 3 Approval 8 3 Qo d ,.�c. a 9 ^ Staff Planner Wesleyan Drive �^ "a� �eP°�° Juson Conn ran°., 5�.9 v^c Hoa N. Dao 40 C o0" E'°s`9oca°'d 4r te Location Canna Arch S Q� ,.tee > 5000& 5024 Haygood Road (° Newro Road M ma^ I g GPINs a'-b san`'^e Z. ., C, c 1468934983, 1468933539 `4' �I 1 114 T. ; Site Size `y,,b,,° z^ , r�` 1� c R 9.65 acres °°s� �n4ng C. °,e °``r r1'an AICUZ <ane )erich°Road Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District ,x Single-family dwellings, multi-family dwellings/ R-10 Residential, Conditional A-24 Apartment , - ,. Surrounding Land Uses and Zoning Districts f,":'`? ^ -' 1::, North Wesleyan Drive a _ "r' Multi-family dwellings, Bayside High School/ Conditional A-12 Apartment, R-10 Residential "��, _ South , Single-family dwellings/ R-10 Residential Nti. ` East s , Haygood Road Single-family dwellings/ R-10 Residential z'y&u,. 1- West r - Creek Multi-family dwellings/Conditional A-18 Apartment Dragas Associates, Inc Agenda Items 8 & 9 Page 1 Background & Summary of Proposal • The applicant seeks to rezone a 0.69-acre parcel from R-10 Residential District to Conditional A-24 Apartment District and modify the boundary of a condominium community that was approved by the City Council in 2018. These requests would result in the incorporation of the parcel into the existing multi-family development(8.96 acres) and increase the overall density by 16 units resulting in a total of 104 multi-family dwellings units on 9.65 acres.The new density of the development will increase from 9.82 to 10.78 units per acre. • Four quad unit buildings,two-stories in height,with vinyl exteriors are proposed to be added to the existing development.These proposed buildings will match the look and materials of the existing buildings within the community. • The existing development contains a community pool and a pond surrounded by a walking path with vehicular access along Wesleyan Drive.This proposed expansion will not alter the existing amenities or the access point of the development. • An existing two to three-foot high, undulating berm with multi-layered ornamental plantings and a hedgerow along Haygood Road will be extended across the 0.69-acre parcel.The required 10-foot vegetated buffer adjacent to the existing single-family dwellings is depicted on the proffered concept plan. • The 209 parking spaces depicted on the concept plan exceed the minimum 195 parking spaces required by the Zoning Ordinance. y 12,-- SP.ri � � nn A R 10 3 �.. R75> Zoning History # Request CRZ R-10 to Conditional A-24)Approved 05/01/2018 Cti ' 2 CRZ(B-2,A-12,R-2.5, R-10&R-15 to Conditional R-5D, �t A-12&A-18)Approved 10/12/2004 r { „Cr fl '0 // 96'° `" 3 CUP(Communications Tower)Approved 03 10 1998 Newtown Road .= C 1 i 7a2 p'y 51 R7 5 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The applicant's request to incorporate the 0.69-acre parcel into the existing Hawkins Mill condominium community in order to expand the development by 16 dwelling units in Staff's opinion is acceptable.The existing community includes recreational amenities,such as a swimming pool,a pedestrian trail, and 40 percent of open space,thereby addressing one of the Comprehensive Plan's recommendations for development within the Suburban Area.The landscaping buffers Dragas Associates, Inc Agenda Items 8&9 Page 2 along the perimeter of the site exceed the minimum requirement and create an aesthetically pleasing environment while also screening the site from the rights-of-way. While this proposal will slightly increase the overall density from 9.82 units per acre to 10.78 units per acre,the proposed density will remain lower when compared to the residential community that is located immediately west of the site and that was developed at a density of 14.10 units per acre. As such,the proposed site will serve as a transition between the higher density developments to the west and the lower density developments to the south and east. In addition,the public schools in the vicinity will remain below optimum operating capacity despite this slight increase in student population. At the time of final site plan submittal, modifications to the existing stormwater management strategy will be required to be reviewed under current stormwater regulations.The applicant is aware and agreeable to this requirement. As mentioned above,the access point for this development will remain the same. Traffic Engineering review the proposal and no concern were raised. Based on the considerations described,Staff recommends approval of these requests subject to the proffers listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Combined Properties are developed, it shall be as a residential condominium community,substantially in accordance with the"HAWKINS MILL Conceptual Site Plan" dated"July 1, 2021",which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (the"Concept Plan"). Proffer 2: When the Combined Properties are developed, it will feature a heavily landscaped streetscape frontage on Haygood Road and Wesleyan Drive,a monument style community identification sign, community pool and cabana,two(2) community water features with aerated fountains, and vegetated buffers adjacent to abutting properties as depicted and described on the Concept Plan. Proffer 3: The total number of dwelling units permitted on the Combined Properties shall not exceed one hundred four(104)and the total number of residential buildings shall not exceed twenty-six(26). Each dwelling unit shall contain a minimum of one thousand six hundred (1,600)square feet of living area. Proffer 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the Hawkins Mill"Architectural Elevation Luxury Vilas"dated July 1, 2021,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development (the"Elevations"). Dragas Associates, Inc Agenda Items 8&9 Page 3 Proffer 5: When the Combined Properties are developed,the Grantors shall record a Declaration submitting the Combined Properties to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners'Association shall be responsible for maintaining all open spaces,common areas,amenities, landscaping and other improvements on the Combined Properties as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan designates the site as being located within the Suburban Area. One of the guiding development principles of Suburban Areas is the creation of"Great Neighborhoods,"which is defined as stable and sustainable.To achieve the Great Neighborhood objective, development of new residential areas should provide site and building design that is visually interesting and encourage greater social interaction, accommodate for multiple modes of transportation (i.e., pedestrians, bicyclists, and drivers), and promote sustainable and responsive design. Creation and preservation of open spaces is also a guiding principle for the Suburban Area.All new development and redevelopment should preserve the quality of the City's natural environment by adhering to established natural resource planning principles. Carefully planned open space areas add to the attractiveness and livability of suburban neighborhoods and have a positive effect on the market value of surrounding properties and,thus, help to advance our City's economic vitality. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Wesleyan Drive 17,400 ADT' 32,700 ADT (LOS°"D") Existing Land Use 2—644 ADT Haygood Road 2,800 ADT1 9,900 ADT (LOS 4"D") Proposed Land Use 3-761 ADT 1 Average Daily Trips 2 as defined by 88 condominium 3 as defined by 104 condominium 4 LOS=Level of Service units units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Wesleyan Drive is considered a four-lane divided minor urban arterial. Haygood Road is considered a two-lane undivided local collector street. There are no CIP slated for this area. Dragas Associates, Inc Agenda Items 8&9 Page 4 Public Utility Impacts Water This site is connected to City water. There is an existing 10-inch City water main along Haygood Road. Sewer The site is connected to City sanitary sewer. There is an existing 14-inch City sanitary sewer force main and an 8-inch City sanitary sewer gravity main along Haygood Road. School Impacts (on 0.69 acres) School Current Enrollment Capacity Generation Change 2 Luxford Elementary 491 students 547 students 2 students 2 students Bayside Middle 770 students 893 students 1 student 1 student Bayside High 1,871 students 2,061 students 1 student 1 student "Generation"represents the number of students that the development will add to the school. '"Change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 26, 2021 and January 2, 2022. • 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 27, 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 January 6, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 30, 2022 and February 6, 2022. • 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 January 31, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on February 11, 2022. Dragas Associates, Inc Agenda Items 8&9 Page 5 O 0 N rti n 0 3 m Site Data 13 Property Area:9.65 ac ' ^,� J.. i C CU Proposed Comunity — �' � ` .... 1 fir. N n1 104 Luxury Villas ,.} .. F S '+ 209 Parking Spaces • , . .� Y� rD Existing Zoning-A-24 and R-10 t "Ng(' �� q ', D r � "•7' ... ,`�, N 1�l?l�l CU Proposed Zoning A-24 i-x� 0 Open Space 14/0 *. D. �' ,� Impervious Area-57% 1,♦_ ° M °'r ,'/ D Legend + , ,, '� •\-� ��S -JJ s 0 Streetscape consists of 2'to 3'undulating + i, ':C ♦ berms with multi-layer ornamental plantings C ♦° i ... i ce„ •'4' H # \��� A and continuous,serpentine hedgerows. j ' i ♦ , J. z + •,, ♦� 40'to 45'building setbacks on Wesleyan Drive and t •1 S"' As'4 ,�� 9 C ,, .•m 50'to 55'building setbacks on Haygood Road. ° .�•♦ `App..k. . 1, . �'e,. "� 0 Community Center with lap pool and cabana = y \ �.•' 0 r 4 � � O io'vegetated buffer ` ♦'4-•., �00� BOUNDARY 43 Masonry community identification signage \ •,,,� �`:i •• spy �t CRZ O Community lakes with aerated fountains � '�t 0 Ornamental flowering trees, 15'to 25'at maturity O Lakefront walking paths with pedestrian park benches O Active open space 0 HAWKINS MILL Conceptual Site Plan D11-SG &S v July 1 , 2021crci COMPANIES co o- D 0) N N 7 o CD n 3 of 0) 00 of 00 a, fro 0 0, tD n Proposed Rendering T C '~sl'if; Ii, Z a1 � �-41 T" 9 1 - g U I �IEy. , . 1 ' , .. . . 0 NE • • _ 1 i c as II I. _ > N ,„ CO _ A U X c fi. . -...., < . 10 ,,,, . lid -i or_ditill.... : L- • " I rl 111 Iri l:::::1,' a . i V'' r \ �1l lilt yl `w fit'\ _\\\ -.!."rt..``... (/) d r Z •.. �� ,. I M ►�+-� Dragas Associates, Inc Agenda Items 8 & 9 Page 7 Site Photos . _ -----ili ...„ .-. ., . , __....._—___ ______'7------_, -,-,-,- - k ,-' ' I A ' - -- - ,--111 - -:- ----7---':"--7-----:-.-='' --` ''''- --' - 11 I !' 1 * , Liii ---- , 7 . IV WO "--e' II ilii'el re ..._•Airimwgne . . • . . „ , . , , - ., . . •,,,-,.,i,..-.,,4,';•,,"0",;,‘,../...).,/, ti,t"..•,,.3' ......", 4;'•^t.".. ."'I;•I..'" •..•.•-',.,....:tf l'"','V..ri.g,'''....-,,'.:`,„.;. ,.',",4---,','; ,"......'.t!,i 1.t'.. - .'''''"..1,4i,7•,. •• :•'?", .,.,,...-.. '1,..".....,"'-..`,..„-.,A„,'•...,''.,%..•'...... ,'.—,'', -•.Ps-1".'..,•.1,',/'6.4-,:,..",s'..,;:,<, :.',;,'c,'; P.'',Pei -.; t,', r.,,--V-';',7 4f,a,,,ti",, ..,7.y:, y''.• ',:A.:1,' fr:/:.):V,,,,,Z.•:.,;::,,,i4:1,-,;;;A4 y.'Y..-;%':,;:'4'5,-.1,4*.if:+:;,...Pri'f-'-',"',4-,' '''.,.; ",'%. ) 7f4Y;•••.,.. ..;iiik27‘''i•-•':-...,. . !i.c'' •••••-'; •-•-•••-.•,;j:,.,--,.‘,.'..: :f-wo '•••,..k,,,• 4-4,-4-4• ,,,,•W 'l-i.1,---z,e'- f-elryci4ift #7,-i-').1'3:, ;, .-t1 4',*--'7-.4't •',:.,01:':44.-,•-kk,,ilii4,-'144Z:ijit;?",%*x.f4si4iiit .1.4 I r ,.....• • . .. 44..:*.,......s.c.mit' ',....L....`41.4,.....01 .2...**,-.4.114..•%,..: -.....:1,...,.,v. . -, .,,4.. .,.. '.--,.,-..,,,,•.--. .„., ,,e .;_-..,-..e•-;:.:•., • . ,,,,„, „,. „ -..„.... • 4*-SAI4-..,:-, , . .,•-„sr -1,-1,--- - ,• -6$4. ''' • 4 oii-:-' ' -• ----,',, •. f•*.r....t, tx, / . . :.'''.....'-', • •••' ;•••. <7.,...,.... .:-...,'-•-.,.;:--.0 , -......t,,-,.• •.N.-,;0...,„! s.1 .1 lor-•" '..IN:-.I — - '""K. '.. 4";•.*4E'- • ... • „r., :„.•'..,,,,4 •,/,,..P' •,,I E - ‘1•_... I eV _, _,.., L'' I,•:::. rf ..i.# , . ... .. _. .- -- - . ,,,,,,,.,. ..„7-70`;!•"••• --.....„. 1I -1 ,30i-„3.!..,.-''••:,•:,r• ill fp n , ...:.,'.4.,- ' * . . LU --- -- -----"--------__------.----____ .'-' . '- or -----------__. - ,.... --..--. 1 -----'• ‘ 7 , _______ --_-__ '11,7*".•. _ ---.....,,..............,__ • Dragas Associates, Inc Agenda Items 8 &9 Page 8 Site Photos - I . • _ s, om. . .''t/IF'� Y. } ".colt« j ' _*,, 1 _ ` -' ':: 1 ,r •"";07,,,t31( 1., ' .1",`.A..,,,,v hb ,a 6 +yl r .,.,,,._,„ „,, , _..., „___.,. ,, .:4 L F sft J ,4 �'4. r„, „ ••f*, . ,r1;-,c,,, tift ,..*'.„,''-i i. it ! t zimmia. ; ,"^ 1. i•'sl 4,' t ,' .[, g, k'` .4e yw£�. ts_ K j'iNA.. 2L: r :, i v t( ,++: Yid k r �: '5'- - 4 -. t ;.,'ram 4iesNii, fa. ._ � ..+.r<_. ' ' ' 2� � <, ..r a y ti.�. Dragas Associates, Inc Agenda Items 8 & 9 Page 9 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 Dragas Associates,Inc.on behalf of Hawkins Mill at Haygood Condominium Association,In( Does the applicant have a representative? III Yes ❑No • If yes,list the name of the representative. Andrew Vakos,Dragas Management Corporation;R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I®Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Joyce B.Witt,President;Sally Vandergrifft,Vice President;Robert C.Makin,Treasurer;Jessica Simpkiss,Secretary;Helen E. Dragas,Director • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Dragas Associates,Inc.:Helen E.Dragas,President/CEO/Chairman;Robert C.Makin,CPA/Treasurer;Joyce B.Witt,Secretary •"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,VA.Code§2.2-3101 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101. Revised 11.09.2020 1 [ Page Dragas Associates, Inc Agenda Items 8 & 9 Page 10 Disclosure Statement Disclosure Statement Ni13 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 U 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-coilateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the company and individual providing the service. Dragas Realty,Inc. ,Sally Vandergrifft 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes . No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. The Pinnacle Group Engineering,Rodney Flores 5. Is there any other pending or proposed purchaser of the subject property?0 Yes .No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Dragas Associates, Inc Agenda Items 8&9 Page 11 Disclosure Statement Disclosure Statement \h3 Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the company and individual providing the service. Dragas Management Corporation,Brian Kokoska 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?IN Yes ❑No • If yes,identify the firm and individual providing the service. The Pinnacle Group Engineering,Rodney Flores 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?IN Yes 0 No • If yes,identify the firm and individual providing the service. Howard R.Sykes,Jr.,Esq.;R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Hawkins Mill at Hayg Condomini T,Association.Inc Applicant Signatu Helen E.Dragas,Director Print Name and Title Date Is the applicant also the owner of the subject property? ❑Yes N 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 Dar 2022 01 27 Signatufe Print Name Hoa N Dao Revised 11.09.2020 Wage Dragas Associates, Inc Agenda Items 8 & 9 Page 12 Disclosure Statement Disclosure Statement NtI3 Planning&Community Development Owner Disclosure Owner Name Hawkins Mill at Haygood Condominium Association,Inc. Applicant Name Dragas Associates,Inc.on behalf of Hawkins Mill at Haygood Condominium Association,Inc. Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?®Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Joyce B.Witt,President;Sally Vandergrifft,Vice President;Robert C.Makin,Treasurer;Jessica Simpkiss,Secretary;Helen E. Dragas,Director • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Dragas Associates,Inc.:Helen E.Dragas,President/CEO/Chairman;Robert C.Makin,CPA/Treasurer;Joyce B.Witt,Secretary Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest In the subject land or any proposed development contingent on the subject public action?❑Yes IN No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2.3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09,2020 5 1 P a g e Dragas Associates, Inc Agenda Items 8 & 9 Page 13 Disclosure Statement Disclosure Statement '1\13 Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑ No • If yes,identify the company and individual providing the service. Dragas Realty,Inc.,Sally Vandergrifft 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ■No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?.Yes 0 No • If yes,identify the firm and individual providing the service. The Pinnacle Group Engineering,Rodney Flores 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ®NO • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ No • If yes,identify the company and individual providing the service. Dragas Management Corporation.Brian Kokoska 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. The Pinnacle Group Engineering,Rodney Flores Revised 11.09.2020 Wage Dragas Associates, Inc Agenda Items 8 & 9 Page 14 Disclosure Statement Disclosure Statement ..�<.... Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing legal the service. Howard R.Sykes,Jr.,Esq.&R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Owner Signature i certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Hawkins Mill at Haygood Con ominium Association, Inc By. i_ Owner S' nature Heleei F. nrag01, Direr o Print Name and Title �. !9. d-oa-I Date Revised 11.09.2020 7 i P a g e Dragas Associates, Inc Agenda Items 8 & 9 Page 15 Disclosure Statement Disclosure Statement Planning&Community Development Owner Disclosure Owner Name Hawkins Mill,L.C.,a Virginia limited liability company Applicant Name Dragas Associates,Inc.,a Virginia corporation Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Manager:Dragas Associates,Inc.,a Virginia corporation:Helen E.Dragas,President/CEO/Chairperson;Robert C.Makin, CPA/Treasurer;Joyce B.Witt,Secretary • If yes,list the businesses that have a parent subsidiary;or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Dragas Associates, Inc Agenda Items 8 & 9 Page 16 Disclosure Statement Disclosure Statement 1113 ezrk t Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes • No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■ Yes ❑No • If yes,identify the company and individual providing the service, Dragas Realty,Inc.,Sally Vandergriffi 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes • No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?S Yes 0 No • If yes,identify the firm and individual providing the service. The Pinnacle Group Engineering,Rodney Flores 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ®No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the company and individual providing the service. Dragas Management Corporation,Brian Kokoska 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • If yes,identify the firm and individual providing the service. The Pinnacle Group Engineering,Rodney Flores Revised 11.09.2020 Wage Dragas Associates, Inc Agenda Items 8 & 9 Page 17 Disclosure Statement Disclosure Statement Planning&Community x. 4 Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?I Yes 0 No • If yes,identify the firm and individual providing legal the service. Howard R.Sykes,Jr.,Esq.&R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Hawkins Mill,L.0 Owner 5' nature Helen E Dragas,President of Dragas As. dates,Inc.,Its Manager Print Name and Title Date Revised 11.09.2020 7 I P a g e Dragas Associates, Inc Agenda Items 8 & 9 Page 18 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. Dragas Associates, Inc Agenda Items 8&9 Page 19 FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HAWKINS MILL,L.C.,a Virginia limited liability company HAWKINS MILL AT HAYGOOD CONDOMINIUM ASSOCIATION, INC., a Virginia non-stock corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 15th day of November, 2021, by and between HAWKINS MILL, L.C., a Virginia limited liability company, party of the first part, Grantor; HAWKINS MILL AT HAYGOOD CONDOMINIUM ASSOCIATION,INC.,a Virginia non-stock corporation,party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of that certain parcel of property located in the Bayside District of the City of Virginia Beach, Virginia, containing approximately 0.69 acres which is more particularly described in Exhibit"A"attached hereto and incorporated herein by this reference (hereinafter the "Additional Property"); and WHEREAS, the party of the second part is the mandatory membership unit owners association of the Hawkins Mill at Haygood Condominium on 8.96 acres in the Bayside District of the City of Virginia Beach, Virginia which is empowered to operate, manage, administer, maintain, control, add to and improve the condominium property as described on Exhibit "B" attached hereto and incorporated herein by this reference (hereinafter the "Existing Condominium Property"); and GPIN: 1468-93-4983-0000 1468-93-3539-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.(VSB#22160) Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS,the party of the first part has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia by petition addressed to the Grantee so as to change the Zoning Classification of the Additional Property from R-10 Residential District to Conditional A-24 Apartment District,for the purpose of adding and developing the Additional Property as a part of the Hawkins Mill at Haygood Condominium; and WHEREAS, the party of the second part, as authorized by its Board of Directors and Members has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,by petition addressed to the Grantee so as to add the Additional Property and modify conditions to the Zoning Classification of the Existing Condominium Property; and WHEREAS, the Grantors collectively have requested Grantee to permit the modification of the previously proffered Covenants,Restrictions and Conditions dated November 21,2017,as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20180511000385250 (hereinafter"2017 Proffers"),to reflect both the land use plan on the Additional Property and amendments applicable to the land use plan on the Existing Condominium Property (hereinafter collectively referred to as the "Combined Properties"); and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantors collectively acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change,and the need for various types of uses,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' proposed rezoning application gives rise; and WHEREAS,the Grantors collectively have voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map and Modification of the 2017 Proffers, in addition to the regulations provided for in the A-24 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Combined Properties of the Grantors as described herein, to be adopted as a part of said amendment to the Zoning Map and Modification of Proffers relative and applicable to the Combined Properties which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and 2 WHEREAS, it is the intent of the Grantors that the proffered covenants, restrictions and conditions contained herein shall supersede and replace in their entirety those six(6)numbered proffers contained in the 2017 Proffers. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Combined Properties and hereby covenant and agree that this declaration shall constitute covenants running with the Combined Properties, which shall be binding upon the Combined Properties and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives,assigns,grantees, and other successors in interest or title: 1. When the Combined Properties are developed, it shall be as a residential condominium community,substantially in accordance with the"HAWKINS MILL Conceptual Site Plan" dated "July 1, 2021",which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development(the"Concept Plan"). 2. When the Combined Properties are developed,it will feature a heavily landscaped streetscape frontage on Haygood Road and Wesleyan Drive, a monument style community identification sign,community pool and cabana,two (2)community water features with aerated fountains, and vegetated buffers adjacent to abutting properties as depicted and described on the Concept Plan. 3. The total number of dwelling units permitted on the Combined Properties shall not exceed one hundred four(104)and the total number of residential buildings shall not exceed twenty-six (26). Each dwelling unit shall contain a minimum of one thousand six hundred (1,600) square feet of living area. 4. The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the Hawkins Mill "Architectural Elevation Luxury Vilas" dated July 1, 2021,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development (the "Elevations"). 3 5. When the Combined Properties are developed, the Grantors shall record a Declaration submitting the Combined Properties to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners'Association shall be responsible for maintaining all open spaces, common areas, amenities, landscaping and other improvements on the Combined Properties as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Combined Properties and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed,amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,and executed by the record owner of the Combined Properties at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; 4 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Combined Properties, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the name of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: Hawkins Mill,L.C.,a Virginia limited liability company By: Dragas Associates, Inc., a Virginia corporation, its Manager By: C • �••-S - (SEAL) Helen E. Dragas, resid4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this /9' tlay of November,2021, by Helen E. Dragas, President of Dragas Associates, Inc., a Virginia corporation, Manager of Hawkins Mill, L.C.,a Virginia limited liability compa ,Grantor. 'otaryT ublic ARETHA N.WHITE My Commission Expires: og' 3 I• ZoZc— PUBLIC Notary Registration Number: 7I9*7OF�n REG.NOTARYtt71977197080 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AUGUST 31,2025 6 • WITNESS the following signature and seal: Grantor: Hawkins Mill at Haygood Condominium Association, Inc.,a Virginia non-stock corporation By: = 4 C d I (SEAL) Chairperson of the ;oar. Directors STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this /9xday of November,2021, by 114Ln 6• Dial a-S Chairperson of the Board of Directors of Hawkins Mill at Haygood Condominium Association, Inc.,a Virgini on-stock corporation, Grantor. Not Public My Commission Expires: O8. 31. 20 2 5- Notary Registration Number: 7I17O O ARETHA N.WHITE NOTARY PUBLIC REG.#7197080 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AUGUST 31,2025 7 EXHIBIT "A" LEGAL DESCRIPTION - ADDITIONAL PROPERTY GPIN: 1468-93-4983-0000 All that certain lot, piece or parcel of land in the Bayside District of the City of Virginia Beach, Virginia,and designated as Lot No. Five (5) on a certain plat entitled"Subdivision of Property of Meekins Hawkins Estate; located in Bayside, Princess Anne County,Virginia,dated March 1959, and made by W.B. Gallup,county Surveyor and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 52, at Page 14, reference to which is hereby made for a more particular description of the property hereby conveyed. 8 EXHIBIT "B" LEGAL DESCRIPTION - EXISTING CONDOMINIUM PROPERTY GPIN: 1468-93-3539-0000 ALL that certain piece or parcel of land in the Bayside District of the City of Virginia Beach,Virginia designated as "PARCEL A GPIN 1468-93-3539" on that certain "RESUBDIVISION PLAT OF LOTS 1, 2, 14, 15 AND PORTIONS OF LOTS 6-13, PROPERTY OF HAWKINS MILL, L.C." as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20200129000100390. H:\AM\Conditional Rezoning\Dragas Associates\Hawkins Mill\2021\1st Amendment to Proffer.docx 9 Virginia Beach Planning Commission January 12, 2022 Public Meeting Agenda Items # 8 & 9 Dragas Associates, Inc. [Applicant] Hawkins Mill, LC, Hawkins Mill at Haygood Condominium Association, Inc. [Property Owner] Conditional Rezoning [R-10 Residential District to Conditional A-24 Apartment District (0.69 acres)] Modification of Proffers 5000 & 5024 Haygood Road RECOMMENDED FOR APPROVAL — HEARD Jack Wall: Okay, thank you. Thank you. Madam Clerk, you can go ahead and proceed to the next application. Madame Clerk: Our next agenda items are agenda items number eight and nine, Dragas Associates Inc. An application for a conditional rezoning, R10 residential district, to conditional A24 apartment district on 0.69 acres, and a modification of proffers on property located at 5000 and 5024 Haygood Road in the Bayside district. Eddie Bourdon: Thank you, Mr. Chairman, members of the commission. Again, Eddie Bourdon, Virginia Beach attorney representing Dragas Associates. My clients are here this afternoon on this application, excuse me, for a modification of conditions and a conditional rezoning, all in the same proffer agreement, to add this 0.69 acre piece into the existing Hawkins Mill condominium, that is under construction. Eddie Bourdon: I want to point out that, this application required 100% approval by all of the existing owners of condominiums on the property, which we have. I want to also point out, that the Aragona Civic League, and we know they're very engaged, was not against this or supported this in its original approval, and likewise has no opposition to this addition. 1 Eddie Bourdon: This property as well as the two remaining properties, that are not going to be a part of this, were the same family, same folks that the rest of the property was purchased from. They, the two remaining, as well as the property that decided they would sell, have always supported this application, and the community's named after their family. So there's no opposition from the Civic League, there's no opposition from any of the owners, and there is no opposition from the two remaining parcels at front on Haygood Road. Eddie Bourdon: The staff has done an excellent job, WA did an excellent job of explaining what the application involves. Mr. Tajan's staff have looked through this recommended approval, I think it's... It's just, we told the folks who own these three who sold us the rest of the property, my clients said that they would buy the properties if they chose to sell at any point before we finished the project, and one decided that they did want to. Eddie Bourdon: The buffering is the same. And one thing I'll point out that wasn't pointed out this morning, there's a 20-foot strip that you can actually see on the... If you put back what you had up there. If you look at the right of those two composites, you see a strip of land that's along the boundary between what we're adding and the two pieces that are remaining. That was a flag stem to the rest of the property, so by this piece coming into the development, that other 20-feet is able to be utilized, that the Condo Association owned. So it eliminates that 20-foot strip that was just unusable at the time, just to make that clear. Eddie Bourdon: So obviously it's a proffered application, so there aren't conditions to agree to there in the proffers. Be happy to answer any questions any of you may have. Jack Wall: Yeah, thank you. Are there any questions for Mr. Bourdon. Eddie Bourdon: Thank you very much. Jack Wall: Madam Clerk? 2 Madam Clerk: Mr. Chairman, we have two speakers, one in person and one virtual. I'm calling the in- person speaker first. Lou Rizario. Lou Rizario: Good afternoon, I'm Lou Rizario. Can I point to some stuff on this map that we're concerned of in my neighborhood? Jack Wall: Please do. Lou Rizario: Got it. Okay. Jack Wall: There's a pointer. Miss Klein: It hasn't been working. Jack Wall: It's not working, it just doesn't. Lou Rizario: I live- Jack Wall: There you go. Miss Klein: There. Lou Rizario: ... here. 3 Jack Wall: Okay. Lou Rizario: I've been through residents here, a lot of people that live here that I spoke to, I even made a petition for them to sign but it was so cold, I couldn't keep on walking. But nobody was aware of this. This entrance here poses a hazard coming from Wesleyan. The speed limit is 45 miles an hour. At the entrance of Southmoor, there's a drive-through that you can come in and slow down, but here there's nowhere to slow down and it's a turn. This whole turn here, traffic flows at 35 miles an hour, and there's no entrance to this entrance. Lou Rizario: They need to widen this area, so people can come in because this is the only entrance to a 100 or more residents. There's no entrance through here, which is Haygood, for 100- plus residents. High school over here, middle school over here, elementary school over here, it's a lot of traffic right now. I made a video and put it online so you can get an aerial view of this, because this is going to create more accidents here and at the light at Southmoor, than it is anywhere else because you have six schools in this area. Lou Rizario: I don't oppose to this but you need to make another entrance to this facility. Jack Wall: Okay. Lou Rizario: You need to fix the entrance to that entrance right there. Jack Wall: Okay, I appreciate that, can you come back up to the podium, please. Are there any questions for the speaker? I do have one. So you live on the back side, and you've noticed just a lot of traffic, have you noticed any additional traffic? Lou Rizario: All the traffic... Oh, there you go, that's better. There you go. Here's your traffic jam here, there's a high school there, there's another school here, here and here. Two to four 4 o'clock, this gets packed, you can't even drive. This entrance right here, eventually if you don't fix this, you're going to have to put a light there. So now you have a light here, a light here, and a light there. In the mornings, you have accidents here left and right, because people just fly through here. So you have two or three accidents a week there. Jack Wall: Okay. All right, and I think the lights still matter, because he's pretty much ended me asking questions. Okay. Are there any additional questions? Okay, thank you. I think we're ready for the next speaker. Madam Clerk: Okay, our final speaker is Linda Baldwin, who is virtual. Mrs. Baldwin, if you would wait two to three seconds, and then please state your name and begin your comments. Linda Baldwin: Hi, my name is Linda Baldwin. My property backs up to Hawkins Mill. We have already had a lot of basically fallout from this construction that has been going on for the last two years, they have built that property up several feet above our existing neighborhood. All of their rainwater washes off onto our property. My property in particular, has a storm drainage in my back yard, and everything runs off into my property and floods my back yard. I am concerned that adding 16 more units and adding to the density of the population in that area, is just going to add to the destruction that is being done to our neighborhood. Linda Baldwin: As far as the last speaker, I really don't think that we need an entrance put into that neighborhood on Haygood Road. Because of these schools that are around here, getting out of our neighborhood on Sammy Street is almost impossible at times, because of the amount of traffic that flows through here. And I feel like another entrance into that neighborhood, is going to pose big problems and possibly people being killed in car accidents. Linda Baldwin: We are in a blind curve. As soon as you pull out of the end of my street, you're in a blind curve and you cannot see what's coming. Another entrance into that neighborhood, is going to pose more problems than helping anything out. 5 Jack Wall: Okay, thank you. Are there any questions for Mrs. Baldwin? I do have a question, what street do you live on, or what street does she live on? Linda Baldwin: I live on Sammy Street, 5124. My property backs up directly to the already built homes that are back there. Jack Wall: I didn't bring my glasses. Eddie Bourdon: She's right there. Jack Wall: Yeah. Eddie Bourdon: Sammy Street. Jack Wall: There it is. Okay. Okay, thank you. Madam Clerk: No more speakers. Jack Wall: Okay, thank you. Mr. Bourdon. Eddie Bourdon: Thank you, Mr. Chairman for asking Mrs. Baldwin that question, because that was one of the things that I wanted to try to get, would be her address. Eddie Bourdon: 6 So my clients will get in touch with Mrs. Baldwin, or if she's listening, I would request that she please contact the Dragas Associates, so that we can have some conversation regarding her belief that we are draining water onto her property, because that is not supposed to happen and I'm pretty certain is not happening. But there may be something we're unaware of. Eddie Bourdon: As all of you I believe, or most of you are aware under our storm water policies, and this one was on the old policies, what this little addition will be on the new policies, you have to... a lot of properties, you have to build up the property because it's flat, so that the water drains internal not external. So I'm fairly certain that if there's an issue, and I'm sure Mr. Tajan and his folks can look into it, we're not allowed to put water onto her property, and I'm pretty confident that we're not. But we'll look into it. Eddie Bourdon: There are some properties on the back of Sammy Street, there's a little cul-de-sac in the front part, she's obviously on Sammy Street so she's on the back part of a budding property. Excuse me. Eddie Bourdon: When we originally proposed this community, there was a street... I mean, access, street access proposed off of Haygood Road as well as the one off of Wesleyan, and as we went through the process a few years ago, it was Mrs. Baldwin's position, and I mean I don't know if she was involved, but the Civic League's position and all the community league's position at the time, that they did not want the access on Haygood Road, they wanted the only access to be from Wesleyan Drive and that's what council ultimately approved. The district council representative, that's what he believed was best based on the community's feelings at the time. So that's the way it's developed. Eddie Bourdon: Certainly, the handful of additional units isn't going to change anything as far as that's concerned. If traffic engineering, I don't think Ric is here at this point, if they have some questions or concerns, then that's something that obviously my clients are very good corporate citizens in Virginia Beach and Hampton Roads, will be happy to look at anything that traffic engineering, but I'm pretty certain there isn't going to be anything in that regard. 7 Eddie Bourdon: I'll be happy to answer any questions. Jack Wall: Are there any questions for Mr. Bourdon? Eddie Bourdon: Thank you all. Jack Wall: Yeah, thank you. Okay, I'm going to open it up for discussion. Do we have any, anybody want to start it off to lead? Mr. Redmond. Mr. Redmond: So I'm up and down this street four times a week, and lived there in this neighborhood most of my life. This little corner was always intended to be a part of this project, so this shouldn't be a surprise to anybody. It's not a high density product at all if you go over there. As I mentioned this morning, this applicant does a really good job of landscaping and berming, and really kind of creating a sense of place as opposed to just dropping some handful of grass seed and sand, and they're done. And I think it really benefits... I think that neighborhood has benefited from it. Mr. Redmond: I can't for the life of me, see why this should be on our consent agenda in my view, so I'm going to be happy to support it and I'll make a motion, unless anybody else has something else to say. Jack Wall: Anybody else? I've got a few things. So okay, traffic yeah, it's a busy area, it is. The gentleman pointed out quite a few activities that are in the area, the schools, it's a major transportation route. There are no doubts that it's busy. I'm not sure that this application really affects that turn lane. If there's no turn lane there, maybe there should have been and I don't know, but it's just in general a very buys area. 8 Jack Wall: In terms of the storm water for Mrs. Baldwin, I think Mr. Bourdon mentioned that if she could get in touch with the property owner, the Dragas Company, I think they've got a strong history of addressing issues just in general with their properties. So not necessarily anything negative, but in fact it's very positive, proactive. They've been well-known for some of their... being very proactive with addressing issues with anything that has arisen with their properties. So I would encourage Mrs. Baldwin to reach out to them and not relent on that front. Jack Wall: But it seems like it's appropriate, and so I'm going to support it. Jack Wall: Mr. Redmond? Mr. Redmond: Mr. Chairman, I move approval of the application. Jack Wall: Okay, we have a motion by Mr. Redmond, do I have second? David Weiner: I do not second. Jack Wall: Do you have- David Weiner: I'm not going to second. Miss Klein: You're not? Mr. Horsley: I'll second. 9 Jack Wall: Okay. All right, with that, are there any abstentions? David Weiner: Yes. I am not going to... Yes, Mr. Chairman, thank you. Pursuant the State Local Government Conflicts of Interest Act, I make the following declaration; I'm executing this written disclosure regarding the Planning Commission's decision on voting items eight/nine, Dragas Associates. I do not have a financial interest in this transaction, but the applicant is a client of mine at Batchelder & Collins, therefore I abstain from voting in items eight/nine. Jack Wall: Okay, thank you. Okay, we have a motion by Mr. Redmond, a second by Mr. Horsley. Madame Clerk: Thank you, the vote is open. Madame Clerk: By recorded vote of nine in favor, zero against with one abstention. Agenda items number eight and nine, have been recommended for approval. Jack Wall: Okay, thank you. AYE 9 NAY 0 ABSTAIN 1 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar Aye Graham ABSENT Horsley AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner ABSTAIN 10 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Combined Properties are developed, it shall be as a residential condominium community, substantially in accordance with the "HAWKINS MILL Conceptual Site Plan" dated "July 1, 2021", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (the "Concept Plan"). Proffer 2: When the Combined Properties are developed, it will feature a heavily landscaped streetscape frontage on Haygood Road and Wesleyan Drive, a monument style community identification sign, community pool and cabana, two (2) community water features with aerated fountains, and vegetated buffers adjacent to abutting properties as depicted and described on the Concept Plan. Proffer 3: The total number of dwelling units permitted on the Combined Properties shall not exceed one hundred four (104) and the total number of residential buildings shall not exceed twenty-six (26). Each dwelling unit shall contain a minimum of one thousand six hundred (1,600) square feet of living area. Proffer 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the Hawkins Mill "Architectural Elevation Luxury Vilas" dated July 1, 2021, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development (the "Elevations"). Proffer 5: When the Combined Properties are developed, the Grantors shall record a Declaration submitting the Combined Properties to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining 11 all open spaces, common areas, amenities, landscaping and other improvements on the Combined Properties as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 12 \ OJ / / „= �. r q N 3 0 o 0 ' "If): ‘-, o /:/ >, /N7 / o !� o , 've.e e. / r 1 41 C& 0 ko /4'' ‘T iSi Me ''' <> c 0 66' // \\\\\\\\\\\\\\ _ e - -6 0 co * '''' , \ F3 0 .y We Di m CO NN 0 0 d dii / -„_,_ / a ' IT' err 04 �� f� 't,; •aixxx _ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ENVISION STUDIO, INC [Applicant] WOODWAY KNOB HILL, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 6361 Indian River Rd, Suite 107 (GPIN 14562448330). COUNCIL DISTRICT 1, formerly Centerville MEETING DATE: February 15, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor. The use will occur within an existing 2,250 square foot unit in Kings Creek Shoppes shopping center along Indian River Road. Two employees are anticipated with six tattoo artists • Considerations: The proposed request is an acceptable use in this location as the property is surrounded by commercial properties. No additional parking is required within the shopping center, as it was designed to accommodate a variety of commercial uses. New signage is proposed, and it is recommended that it meet the requirements set forth in the City's Zoning Ordinance. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On January 12, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to O. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Envision Studio, Inc Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department / City Manager: AP q\B Applicant Envision Studio, Inc Agenda Item Property Owner Woodway Knob Hill, LLC Planning Commission Public Hearing January 12, 2022 City Council Election District Centerville 13 Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation \ \ Approval I >i Treslruh Avows I & - .. Staff Planner t'"� ,�� e Michaela D. McKinney 4444 " I 4 4•64- 1 i )1 1 Locationr . 6361 Indian River Road, Unit 107 \ TI 'j:I1ii ' I GPIN $ _ 1 1456244833 Site Size Nlir IF - 1.61 acres V a a too i AICUZ kir Less than 65 dB DNL , ��� Watershed -----J Chesapeake Bay Existing Land Use and Zoning District Shopping Center/ B-2 Community Business Surrounding Land Uses and Zoning Districts North Indian River Road l!;. Single-family dwellings/R-10 Residential * .' South Shopping Center/ B 2 Community Business East , Automobile repair and service, single-family dwelling/B-2 Community Business, R-10 acpr, Residential Automobile repair garage/ B-2 Community l 1 ,. 0.- ch,,,o,c,,, d Business Envision Studio, Inc Agenda Item 13 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Tattoo Parlor.The operation will occur within an existing 2,250 square foot unit in the Kings Creek Shoppes Shopping Center.The site is located along Indian River Road and is zoned B-2 Community Business District. • The typical hours of operation will be 10:00 a.m.to 7:00 p.m., Monday through Sunday. • There are currently two employees, but the applicant will rent out booth space to up to six tattoo artists. • No exterior changes are proposed to the building, a well a no new sicnagc • There are no other tattoo parlors within 600 feet of this location. • it; ga 1 c54,N,V ' ® ° ; Zoning History l i, .y, R� 47% ® # Request "ot *• ' . ,, 1 REZ A-24 to B 2 Approved 08 09 2007 ( ) PP / / j 2 CUP(Small Engine Repair)Approved 02/21/2017 3 CRZ(I-1 to Conditional B-2)Approved 04/13/1999 cikten c r_ r Application Types CUP-Conditional Use Permit MDC-Modification of Conditions STC-Street Closure SVR-SubdivisionVariance REZ-Rezoning MDP-Modification of Proffers FVR-Floodplain Variance LUP-Land Use Plan CRZ-Conditional Rezoning NON-Nonconforming Use ALT-Alternative Compliance STR-Short Term Rental Evaluation & Recommendation In Staff's opinion,the request for a Conditional Use Permit for a Tattoo Parlor is consistent with the Comprehensive Plan's land use policies for the Military Highway Corridor Suburban Focus Area and is consistent with the commercial nature of the surrounding properties. Development within the Military Highway Corridor focuses on creating great neighborhoods by sustaining and stabilizing existing neighborhood with non-residential uses. Prior to operating on the site,the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections,cleanliness,vaccinations, and permitting.A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above,Staff recommends approval of this application,subject to the conditions below. Envision Studio, Inc Agenda Item 13 Page 2 Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window,or on the doors.Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property in the Military Highway Corridor Suburban Focus Area (SFA), which is characterized with low to medium density residential to the west and light industrial uses including auto and truck sales, rentals, and repairs,outdoor storage,and warehousing to the east.Any change of land use in this corridor located near or adjacent to existing stable neighborhoods must be compatible uses and employ appropriate buffering features to protect the residential areas. New and redeveloped uses should improve the aesthetic of this corridor through high quality building design, signage,and landscaping. One of the guiding development principles of Suburban Areas is the creation of"Great Neighborhoods,"which should depict a stable and sustainable neighborhood supported by complimentary non-residential uses. Compatibility among proposed and existing uses within a particular area in the Suburban Area is vital to the stability of these neighborhoods. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources or cultural features associated with the site. Envision Studio, Inc Agenda Item 13 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Rd 29,810 ADT1 55,500 ADT 1(LOS 2"D") No Change Anticipated; 1 Average Daily Trips 2 LOS=Level of Service 3 average daily trips not expected to change Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Rd in the vicinity of this site is a six-lane divided major suburban arterial.The right-of-way is 110 feet in the vicinity of this site.The MTP shows a 6-lane road with an ultimate right-of-way of 150 feet. There are currently no CIP projects for Indian River Rd. scheduled in the vicinity of this site. Public Utility Impacts Water &Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 26, 2021 and January 2,2022. • 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 27, 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 January 6, 2022. Envision Studio, Inc Agenda Item 13 Page 4 Proposed Site Layout --1 ,y • .� r a 4 # t 16 i o ^. r A 1: r . '4 .--- -.•.•'-': .4,1 . ,1'; ' - 4,..Or'''- • lib )1- r,egi. -4. .. .00 .)) ...__ ++ "d '`� �a v y l-- , `x` V A. -i , •-•'"-- `'N•c4 (4V,;f ex.'( ;* - .., *A%.,, - iltr*,, ' %,.V.' L t' / 1. :' - '• i. - `' ) 1 :� j Envision Studio, Inc Agenda Item 13 Page 5 Site Photos } ,b x- t4aSf Y. t 1.y ..# 11 111 ke_ i M ■ ■ s :.�,. �- , 7�--- I nn . .'- ' .� -Fes-„' '� mow, Envision Studio, Inc Agenda Item 13 Page 6 Disclosure Statement Disclosure Statement City•l Wpm Reach 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 Envision Studio Inc Does the applicant have a representative? W Yes ❑No • If yes,list the name of the representative. Jon Berry Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Kristin Canady Jon Berry • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) None "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va Code§2,2-3101. Revised 11.09.2020 1 Envision Studio, Inc Agenda Item 13 Page 7 Disclosure Statement Disclosure Statement Coy of YO)irya aeadt "•' 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 KNo • 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•coliateralization,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 ViNo • if yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ' 4o • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes KNo • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an archltect/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 is.NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 14,2CNo • If yes,identify the purchaser and purchaser's service providers. 2 '.. Envision Studio, Inc Agenda Item 13 Page 8 Disclosure Statement Disclosure Statement cfrViMink Bash Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ig_NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes KNo • If yes,identify the firm and individual providing the service. 8. la the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes FiLNo • 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 co lines in connection with this application. re kr'C147N) AL CAP.,49r _' TZ c7- Print Name and Tide Date Is the applicant also the owner of the subject property? ❑Yes Kflo • 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 change;as of Date 01/25/2022 s d1t° 704.c.0444.4.P./�`(^ rrint"•A1e Michaela D.McKinney Revised?1 09.2020 3 Envision Studio, Inc Agenda Item 13 Page 9 Disclosure Statement Disclosure Statement \43 Miff(Vigivallsith Planning&Community Development Owner Disclosure Owner Name Woodway Knob Hill LLC Applicant Name Envision Studio Inc Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Woodway Investments,LLC,Sole Member Members of Woodway Investments-(1)Ira Steingold Trust,(2)Lawrence Steingold Trust,(3)Joseph Steingold Trust, (4)Sammuel Steingold Trust • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity°relationship with the Owner. (Attach a list if necessary) See Above Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P;,e Envision Studio, Inc Agenda Item 13 Page 10 Disclosure Statement Disclosure Statement Planning&Community Development \—r Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collaterallzation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? I�7Yes ❑No • If yes,identify the financial institutions providing the service. '-f'owr.ennlc 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? C2'Yes In No • if yes,identify the company and individual providing the service. Ittees TiAkedva,{,vrt t) Ru19 Avntial Sri. Ytb frr�z 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes Q No • If yes,Identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?Q Yes ❑No • If yes,identify the firm and individual providing the service. 5.41ckta,,...d LccL,.k-vt,{s o vci. ASsoLte,rU Clr��ovs t,C.s tc lit 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ErNo • If yes,Identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?0 Yes UNo • If yes,identify the company and Individual providing the service. 7 Does the Owner have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?0 Yes ErNo • If yes,Identify the firm and individual providing the service. Revised 11.09.20K, 6 ' Envision Studio, Inc Agenda Item 13 Page 11 Disclosure Statement Disclosure Statement 143 eirbof5e.d, Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Yes Z.No • If yes,identify the firm and individual providing legal the service. Owner Signature certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application, t6tAA —t4; Owner Signature L.aW VINCe.L.• Sh.t.v..30 41 Mrkwt3 Print Name and Title c.Aabe t We. IrvR.i Date hevised 71 09.2020 7 I P a g Envision Studio, Inc Agenda Item 13 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Envision Studio, Inc Agenda Item 13 Page 13 Virginia Beach Planning Commission January 12, 2022 Public Meeting Agenda Item # 13 Envision Studio, Inc. [Applicant] Woodway Knob Hill, LLC [Property Owner] Conditional Use Permit [Tattoo Parlor] 6361 Indian River Road, Suite 107 RECOMMENDED FOR APPROVAL — CONSENT George Alcaraz: I'll go on to item number 12. I'm sorry, 13. Envision Studio Incorporated, Woodway Knob, LLC. Conditional use permit for a tattoo parlor. It's 6361 Indian River Road, Suite 107 in the Centerville District. Is there a representative for this item? Hi. If you could each state your name. Kristin Kennedy: Kristin Kennedy. John Barry: John Barry. George Alcaraz: Thank you. Are you accepting the conditions that's been brought to you? John Barry: We are. Kristin Kennedy: Yes. George Alcaraz: Okay. Thank you. John Barry: Thank you. George Alcaraz: 1 Ms. Klein, if you could. Let me ask for a question because I keep forgetting it. Is there any opposition for this application? Ms. Klein, you may go ahead. Robyn Klein: Okay. The applicant is requesting a Conditional Use Permit for a tattoo parlor. The operation will occur within an existing 2,250 square foot unit in the Kings Creek Shopping Center. The site is located along Indian River Road and is zoned B-2 Community Business District. The typical hours of operation will be 10:00 AM to 7:00 PM, Monday through Sunday. There are currently two employees, but the applicant will rent out booth space to up to six tattoo artists. No exterior changes are proposed to the building and there are no other tattoo parlors within 600 feet of this location. Staff found that the application is consistent with the Comprehensive Plan Land Use Policies for the Military Highway Corridor suburban focus area, recommends approval of this application, and we placed it on the consent agenda. George Alcaraz: Thank you, Ms. Klein. Madam Clerk: By recorded vote of 10 in favor and zero against agenda items one, two, three, four and five, seven, 10, 11, 13, and 14 have been recommended for approval. Agenda items number 15 and 16 by recorded vote of nine in favor, zero against, with one abstention are recommended for approval. Jack Wall: Okay, thank you. That's the conclusion of the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar Aye Graham ABSENT Horsley AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 3 z No/ — , aa) c� M 0 0 M O N r� V � o Q O I � O O M O V N a J re �/ o .C30 I 2 iTI Ica W � U\ N N, re � Q Q H 0 C79.1-\ ( L) \T so 0 'to 0, Q 0 6 - \ - O ,_____, _/,,t) ri, %_ c --T-______< c \\,7 iiii] i4r, . , r3) __-- y. 0 D0 0 -F: � � \ _! a a oN ,2 o g / �� (n ñ m /�;� St N �a I% yyy 2j 4: - tfj ,, I'.j,4CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: WATSON REAL ESTATE II, LLC [Applicant & Property Owner] Conditional Use Permits (Animal Hospital & Commercial Kennel) for the property located at 2497 North Landing Road (GPINs 1494811072, 1494800978). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: February 15, 2022 • Background: The applicant is requesting Conditional Use Permits for an Animal Hospital and a Commercial Kennel in order to construct a 12,000 square foot veterinary practice and boarding facility on a 2.87-acre property. The veterinary practice will provide boarding facilities to animals being treated at the clinic, as part of an overnight kennel and doggy day care center. All of the animals will be kept within the soundproofed, air-conditioned building unless otherwise in the enclosed outdoor areas for exercise and relief. The property is zoned AG-2 Agricultural Zoning District and within the Courthouse Historic and Cultural District and the Transition Area. The outdoor yard enclosures will be used only between the hours of 8:00 a.m. through 5:00 p.m. daily. The animals will be let out for exercise in the outdoor run area throughout the day, with only 15 animals in the yard at any given time. According to the applicant, for every 15 animals, one team member will be outside to supervise activities and behavior. The property was previously owned by The Southern Conference of the United Church of Christ and the applicant recently acquired ownership of the property. All corresponding documents have been updated to indicate Watson Real Estate II, LLC as the applicant and property owner. • Considerations: In Staff's view and the Planning Commission concurred, the application is in keeping with the policies and goals set forth in the Comprehensive Plan as it relates to non-residential uses in the Transition Area. It is a low intensity use that provides a complementary and valuable service to nearby residents. The development, as recommended in the Transition Area design guidelines, complements the surrounding rural character in terms of size, scale, architecture, and materials. The Transition Area design guidelines call for non-residential development to provide a 50-foot buffer with robust landscaping along selected Watson Real Estate II, LLC Page 2 of 5 roadways. As depicted on the conceptual site layout, the proposed building is setback 51 feet from the right-of-way with the shortest elevation of the building facing the road with the parking lot situated along the western side of the structure. The proposal was presented to the Transition Area and Interfacility Traffic Area Citizen's Advisory Committee on October 1, 2020 and no objections were raised. The building is low in scale and the elevations and renderings display a facade of fiber cement siding (Hardieplank), an asphalt shingle roof, and vinyl windows that coincide with the historic character of the area and adhere to the Historic and Cultural District design guidelines. The proposal was considered by the Historical Review Board (HRB) and received a Certificate of Appropriateness from the HRB on December 15, 2021. Section 223 of the Zoning Ordinance requires the structure occupied by animals be 100 feet from the property line of any adjacent lot, except where animals are kept in soundproof, air-conditioned buildings. As the animals will be kept within the soundproofed, air-conditioned building and only outdoors for play, exercise, and relief, the proposal complies with this requirement. The building location is situated as far away from the existing residential dwellings to the southwest as possible, while reducing impacts upon the environmentally sensitive areas on the property. The design of the site minimizes impacts to wetlands to a portion of the parking lot. These are not wetlands regulated by the City of Virginia Beach; however, approval from the United States Army Corps of Engineers for impacts will be required. The outdoor exercise area is approximately 178 feet from the nearest home. The area between the residence along West Neck Road and the proposed veterinary clinic is heavily wooded and will remain in this condition. There is also a wooded buffer between the outdoor exercise area and the residence to the north, which will remain, providing a buffer between the two properties. To address disposal of animal waste, according to the applicant the turf area will contain antimicrobial properties to help with cleanliness and odor and will have a drainage system where rainwater and urine can easily flow through the turf. The yard will be cleaned weekly with a spray deodorizer. Each day, the premises will be monitored by Staff to check for trash and animal waste. Based on the projected number of vehicles generated by the use, the one vehicular ingress/egress access point proposed for the site can accommodate the traffic generated from this use. Per Section 223 of the Zoning Ordinance, at least one off-street parking space per four hundred square feet of floor area shall be provided. The proposed parking on site exceeds the parking requirement by 36 spaces. The Development Services Center reviewed the preliminary stormwater analysis and based on their findings, is confident that the submitted strategy has the potential to successfully comply with stormwater regulations for this site. Upstream and downstream impacts will be more closely reviewed during site plan review for Watson Real Estate II, LLC Page 3 of 5 this project to ensure that negative impacts will not occur upstream and downstream as a result of this development. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On January 12, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10 to 0, to recommend approval of this request. Recommended Conditions for Animal Hospital 1. The applicant/owner shall submit a resubdivision plat to vacate the interior property line with the City of Virginia Beach Department of Planning & Community Development. Said plat shall be subject to review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 2. When the property is developed, it shall be in substantial conformance with the concept plan entitled "CONCEPT SITE DIAGRAM — Revised Footprint, COURTHOUSE VETERINARY CLINIC & PET BOARDING, 2497 N. LANDING ROAD, VIRGINIA BEACH, VA.", dated 10/20/2021 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to, the installation of street frontage plantings, building foundation plantings, and interior parking lot plantings. 4. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "EXTERIOR ELEVATIONS - COURTHOUSE VETERINARY CLINIC & PET BOARDING, 2497 NORTH LANDING ROAD, VIRGINIA BEACH, VA 23456", dated 8/18//2020 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. The signage design shall substantially adhere in appearance, size, materials to the submitted elevations entitled "SIGNAGE DESIGN - COURTHOUSE VETERINARY HOSPITAL, 2497 NORTH LANDING ROAD, VIRGINIA Watson Real Estate II, LLC Page 4 of 5 BEACH, VA 23456", dated 09/23/2020 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 6. The applicant shall comply with Section 223 of the Zoning Ordinance. 7. The final stormwater plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis utilizing the same basis of design. Recommended Conditions for Commercial Kennel 1. The applicant/owner shall submit a resubdivision plat to vacate the interior property line with the City of Virginia Beach Department of Planning & Community Development. Said plat shall be subject to review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 2. When the property is developed, it shall be in substantial conformance with the concept plan entitled "CONCEPT SITE DIAGRAM — Revised Footprint, COURTHOUSE VETERINARY CLINIC & PET BOARDING, 2497 N. LANDING ROAD, VIRGINIA BEACH, VA.", dated 10/20/2021 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to, the installation of street frontage plantings, building foundation plantings, and interior parking lot plantings. 4. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "EXTERIOR ELEVATIONS - COURTHOUSE VETERINARY CLINIC & PET BOARDING, 2497 NORTH LANDING ROAD, VIRGINIA BEACH, VA 23456", dated 8/18//2020 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. The signage design shall substantially adhere in appearance, size, materials to the submitted elevations entitled "SIGNAGE DESIGN - COURTHOUSE VETERINARY HOSPITAL, 2497 NORTH LANDING ROAD, VIRGINIA Watson Real Estate II, LLC Page 5 of 5 BEACH, VA 23456", dated 09/23/2020 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 6. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 7. All dogs, when outside, shall be supervised at all times, and shall not be a nuisance to any other property owners or residents. 8. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 9. The commercial dog kennel structure shall be maintained in a safe and sanitary condition. 10. All animal waste from the commercial dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 11.Dog shows shall be prohibited. 12.The commercial dog kennel structure shall be constructed to be soundproofed and air-conditioned. 13.The applicant shall comply with Section 223 of the Zoning Ordinance. 14.The final stormwater plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis utilizing the same basis of design. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:0Y A pplicant & Property Owner Watson Real Estate II, LLC Agenda Items Planning Commission Public Hearing January 12, 2022 4 & 5 City Council District District 2,formerly Princess Anne Virginia Beach Requests #4 Conditional Use Permit(Animal Hospital) #5 Conditional Use Permit(Commercial Kennel) 4, ' 4 Staff Recommendation Q�i �'. Approval a <- Day Staff Planner / \ sv 4y, Marchelle Coleman / ♦ f Location ,) w,....� t�� 2497 North Landing Road „.�°`'s GPINs " V 0, 1494811072, 1494800978 Site Size s 2.87 acres A I C UZ guka soot tt 9 Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District s,. :pc' Y .�- ....i�' 'r 6e �_ " Undeveloped lots/AG-2 Agricultural - ,'% e°`� '4 ``•A f ° i Surrounding Land Uses and Zoning Districtst, ': o „„4„:„. ., ....- .4 jjer,, is North f North Landing Road - 3 •.- _; u•. Single-family dwellings, mixed retail/PD-H2 ft, --,A, x, , � , .. 77. Planned Unit Development, B-1A Limited " 411,4 i" ,'S Gruel• A } .'•� t' .� Business 'k 0�6 .i ir '� M of n�' t i , South • - ! • 4 j r . +, -• • Single-family dwellings,open space/R-5S -fi ,. ', , -`' Residential • East ,. ' -,i > r.`. „ • Single-family dwelling/AG-1&AG-2 ` � . Agricultural West Medical office/0-1 Office Watson Real Estate II, LLC Agenda Items 4&5 Page 1 Background & Summary of Proposal • The applicant is requesting Conditional Use Permits for an Animal Hospital and a Commercial Kennel in order to construct a 12,000 square foot veterinary practice and boarding facility on this 2.87-acre property zoned AG-2 Agricultural Zoning District and within the Courthouse Historic and Cultural District. • As depicted on the conceptual site layout,the one-story, 12,000 square foot building will have two enclosed outdoor areas for the animals. • Per Section 223 of the Zoning Ordinance, at least one off-street parking space per four hundred square feet of floor area shall be provided. The proposed parking on site exceeds the parking requirement by 36 spaces. • The building elevation and renderings display a facade of Hardie board fiber cement siding, an asphalt shingle roof, and vinyl windows that coincide with the historic character of the area and adhere to the Historic and Cultural District design guidelines, as depicted on pages 10 through 12 of this report. The proposal was considered by the Historical Review Board (HRB)and received a Certificate of Appropriateness from the HRB on December 15, 2021. • The Transition Area design guidelines call for non-residential development to provide a 50-foot buffer with robust landscaping along selected roadways. As depicted on the conceptual site layout,the proposed building is setback 51 feet from the right-of-way with the shortest elevation of the building facing the road with the parking lot situated along the western side of the building. • The veterinary practice will provide boarding facilities to animals being treated at the clinic, as part of an overnight kennel and doggy day care center. All of the animals will be kept within the soundproofed, air-conditioned building unless otherwise in the enclosed outdoor areas for exercise and relief. • As mentioned previously,there will be two outdoor yard enclosures for the animals, one will be approximately 450 square feet and the other will be approximately 1,425 square feet in size.The outdoor yard enclosures will be used only between the hours of 8:00 a.m. through 5:00 p.m. daily. The animals will be let out for exercise in the outdoor run area throughout the day, with only 15 animals in the yard at any given time. According to the applicant,for every 15 animals, one team member will be outside to supervise activities and behavior. • The outdoor activities that are performed throughout the day are to enrich the animals'stay and to maintain a safe and monitored environment for each animal. Play time and brain activities for the animals are part of the day care and boarding programs.These activities include group sit, dog recall, and gate boundary skills. During play time, interaction with both play equipment and employees will occur. Watson Real Estate II, LLC Agenda Items 4& 5 Page 2 Zoning History # Request 1 MOD Approved 01/16/2018 o� MOD Approved 03/09/2004 to AG.2 -2 �e'°'ay AG-2 CRZ(AG-2 to Conditional B-1A)Approved 02/08/1994 ���,� ° air 2 CRZ(Conditional 0-2&AG-2 to Conditional R-5S) ,,� /` �� R SD' _`A, �O •y Approved 02/11/2014 ,y°f " ej ,`:'' CRZ(AG-1&AG-2 to Conditional 0-2)Approved 0-2 '' 04/08/2008 AG-2 / R 3 REZ(Conditional PD-H2 to P-1)Approved 08/14/2012 °5 �� io- CRZ(AG-1& B 1A to Conditional PD H2)Approved ,-'� 07/12/2011 .4. O.2 7----- • �4. 4 CUP(Private Sewage Treatment System)Approved %f AG-I 05/24/2011 AG-2 'R. _ R•SS• 3 REZ(R-10 to AG-1)Approved 06/08/2010 j GM 5 CRZ(Conditional 0-1 to Conditional B-1)Approved ,a°��0 11/18/2014 4,G-t A "G ' CRZ(AG-2 to Conditional O 1)Approved 10/10/2006 6 MOD(Pre-School/Day Care Facility)Approved 10/01/2019 CUP(Pre-School/Day Care Facility)Approved 07/03/2001 7 CUP(Group Home)Approved 05/24/1994 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 proposed Conditional Use Permits for both the Animal Hospital and Commercial Kennel, in Staff's opinion, are acceptable.The proposal is in keeping with the policies and goals set forth in the Comprehensive Plan as it relates to non-residential uses in the Transition Area, as it is a low intensity use that provides a complementary and valuable service to nearby residents.The development, as recommended in the Transition Area design guidelines, complements the surrounding rural character in terms of size, scale, architecture, and materials.The building is low in scale, expresses architectural fenestration, and incorporates Colonial Revival-style elements, gable roofing, and windows that have symmetrical window grids that are of a rural vernacular design, ultimately reflecting the architectural character found in this Historic and Cultural District. Section 223 of the Zoning Ordinance requires the structure occupied by animals be 100 feet from the property line of any adjacent lot, except where animals are kept in soundproof, air-conditioned buildings. As the animals will be kept within the soundproofed, air-conditioned building and only outdoors for play, exercise, and relief,this section of the ordinance is met.The building location is proposed as far away from the existing residential dwellings to the southwest as possible, while at the same time reducing impacts upon the environmentally sensitive areas on the property.The outdoor exercise area is approximately 178 feet from the nearest home.The land between the residence along West Neck Road and the proposed veterinary clinic is heavily wooded and will remain in this condition. There is also a wooded buffer between the outdoor exercise area and the residence to the north,which will remain, providing a buffer in between the two properties. Staff finds the applicant's process for treating animal waste on site to be acceptable. In addition,the turf area is proposed with antimicrobial properties to help with cleanliness and odor and will have a drainage system where Watson Real Estate II, LLC Agenda Items 4 & 5 Page 3 rainwater and urine can easily flow through the turf. The yard will be cleaned weekly with a spray deodorizer. Each day, the premises will be monitored by Staff to check for trash and animal waste. The proposal was presented to the Transition Area and Interfacility Traffic Area Citizen's Advisory Committee on October 1, 2020 and no objections were raised. On December 15, 2020,the Historical Review Board issued a Certificate of Appropriateness for the exterior design of the proposed building and non-internally lit signage. Originally, the applicant proposed a smaller, 8,000 square foot building, with a future 4,000 square foot building expansion. Upon reconsideration,the applicant decided not to phase construction, but rather build the full 12,000 square foot building.This change required a reconsideration by the HRB for the larger building and other small adjustments to the plan,which was approved by the HRB on December 15, 2021. It is the opinion of Staff that the traffic generated by this veterinary clinic and commercial kennel will result in 258 average daily trips. Based on the projected number of vehicles generated,the one vehicular ingress/egress access point proposed for the site will be able to accommodate the traffic generated from this use. Traffic Engineering Staff will provide more detailed comments during the site plan review process. As depicted on the conceptual site layout,there are some wetlands on this site. These are not wetlands regulated by the City of Virginia Beach; however, approval from the United States Army Corps of Engineers for impacts will be required. The design of the site minimizes impacts to wetlands to a portion of the parking lot. As recommended by Staff,the applicant has submitted a preliminary stormwater management analysis to the Development Services Center(DSC) outlining their proposed stormwater strategy for this site. The DSC has reviewed the preliminary stormwater analysis and based on their findings, is confident that the submitted strategy has the potential to successfully comply with stormwater regulations for this site. Upstream and downstream impacts will be more closely reviewed during site plan review for this project to ensure that negative impacts will not occur upstream and downstream as a result of this development. More detailed information can be found in the Stormwater Impacts section of this report. Based on the considerations above, Staff recommends approval of these requests subject to the conditions below. Recommended Conditions (Animal Hospital) 1. The applicant/owner shall submit a resubdivision plat to vacate the interior property line with the City of Virginia Beach Department of Planning&Community Development. Said plat shall be subject to review and approval of the Department of Planning&Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 2. When the property is developed, it shall be in substantial conformance with the concept plan entitled "CONCEPT SITE DIAGRAM —Revised Footprint, COURTHOUSE VETERINARY CLINIC& PET BOARDING, 2497 N. LANDING ROAD, VIRGINIA BEACH, VA.", dated 10/20/2021 and prepared by BDA ARCHITECTURE, P.C.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to, the installation of street frontage plantings, building foundation plantings, and interior parking lot plantings. 4. The exterior of the proposed buildings shall substantially adhere in appearance,size, materials to the submitted elevations entitled "EXTERIOR ELEVATIONS- COURTHOUSE VETERINARY CLINIC& PET BOARDING, 2497 NORTH Watson Real Estate II, LLC Agenda Items 4&5 Page 4 LANDING ROAD, VIRGINIA BEACH, VA 23456", dated 8/18//2020 and prepared by BDA ARCHITECTURE, P.C.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. The signage design shall substantially adhere in appearance, size, materials to the submitted elevations entitled "SIGNAGE DESIGN -COURTHOUSE VETERINARY HOSPITAL, 2497 NORTH LANDING ROAD,VIRGINIA BEACH, VA 23456", dated 09/23/2020 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 6. The applicant shall comply with Section 223 of the Zoning Ordinance. 7. The final stormwater plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the preliminary stormwater analysis utilizing the same basis of design. Recommended Conditions (Commercial Kennel) 1. The applicant/owner shall submit a resubdivision plat to vacate the interior property line with the City of Virginia Beach Department of Planning& Community Development. Said plat shall be subject to review and approval of the Department of Planning& Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 2. When the property is developed, it shall be in substantial conformance with the concept plan entitled "CONCEPT SITE DIAGRAM —Revised Footprint, COURTHOUSE VETERINARY CLINIC& PET BOARDING, 2497 N. LANDING ROAD, VIRGINIA BEACH,VA.", dated 10/20/2021 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to,the installation of street frontage plantings, building foundation plantings, and interior parking lot plantings. 4. The exterior of the proposed buildings shall substantially adhere in appearance,size, materials to the submitted elevations entitled "EXTERIOR ELEVATIONS-COURTHOUSE VETERINARY CLINIC& PET BOARDING, 2497 NORTH LANDING ROAD, VIRGINIA BEACH,VA 23456", dated 8/18//2020 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. The signage design shall substantially adhere in appearance, size, materials to the submitted elevations entitled "SIGNAGE DESIGN -COURTHOUSE VETERINARY HOSPITAL, 2497 NORTH LANDING ROAD,VIRGINIA BEACH,VA 23456", dated 09/23/2020 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 6. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 7. All dogs, when outside, shall be supervised at all times, and shall not be a nuisance to any other property owners or residents. 8. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 9. The commercial dog kennel structure shall be maintained in a safe and sanitary condition. Watson Real Estate II, LLC Agenda Items 4 & 5 Page 5 10. All animal waste from the commercial dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 11. Dog shows shall be prohibited. 12. The commercial dog kennel structure shall be constructed to be soundproofed and air-conditioned 13. The applicant shall comply with Section 223 of the Zoning Ordinance. 14. The final stormwater plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the preliminary stormwater analysis utilizing the same basis of design. 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 property as being within the Transition Area. The Transition Area serves as a unique land use buffer between the low-density Rural Area from the more densely developed Suburban Area. Within the Transition Area,the Plan calls for development patterns that promote open space, low per acre density and preservation of natural features. Discretionary development proposals within the Transition Area, according to the Plan, should be well-planned, cluster residential development at densities no more than one dwelling unit per acre. New development should incorporate the specific planning and design principles established in the Transition Area Design Guidelines as well as adhere to the provisions of the Oceana Land Use Conformity and AICUZ programs. 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. The mostly wooded site does contain a small portion of jurisdictional wetlands that are not regulated by the City of Virginia Beach. Staff is unaware of any cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic North Landing Road 10,800 ADT' 12,500 ADT 1(LOS°"D„) Existing Zoning Land Use Z —10 ADT Proposed Land Use 3—258 ADT 1 Average Daily Trips 2 as defined by a 2.87-acre AG-2 3 as defined by a veterinary clinic 4 LOS=Level of Service zoned parcel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) North Landing Road is a two-lane suburban minor arterial. The site has a single direct access point to North Landing Road. This segment of North Landing Road is not named in the MTP and there are no CIP projects on it. Watson Real Estate II, LLC Agenda Items 4&5 Page 6 Public Utility Impacts Water The site must connect to City water.There is a 16-inch City water main along North Landing Road. Sewer The site must connect to City sanitary sewer.There is an eight-inch City sanity sewer gravity main and a 16-inch City sanitary sewer force main along North Landing Road. Stormwater Impacts Project Stormwater Design Staff Summary The project consists of a 2.87 acre development at 2497 N Landing Road. In the existing conditions,the area is grassy, wooded, and has some (unmarked/not yet flagged) wetlands areas.The proposed development is designed to drain into a proposed onsite stormwater management facility (SWMF) before discharging into an existing ditch that leads into West Neck Creek.The proposed SWMF will consist of a dry pond detention system that will be located south of the parking lot. The detention pond will be used to satisfy water quantity requirements, and offsite nutrient credits will be used to satisfy water quality requirements. The provided preliminary stormwater management design demonstrates conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5' of sea-level rise (SLR). The submitted stormwater model included an offsite analysis of the drainage ditch to verify that the project will not have a negative impact or increase flooding levels on the existing stormwater system upstream or downstream. Based on the information provided by Pinnacle Group Engineering in the Preliminary Stormwater Analysis,the DSC agrees that the proposed conceptual stormwater management strategy has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal. More detailed project stormwater information is listed below. Project Information Total project area: 2.87 Acres Pre-Development impervious area:0.0 Acres Post-Development impervious area: 0.61 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: Yes Does the analysis incorporate into design updated rainfall amounts (NOAA plus 20%) and account for 1.5'SLR:Yes Stormwater Management Facility Design Information Type of facility proposed: Dry detention pond Total storage volume provided in proposed stormwater management facilities: 15,000 cubic feet Description of outfall: Runoff is proposed to leave the site from the dry detention pond facility that discharges into the existing ditch along the rear property line. Downstream conveyance path:The existing ditch along the rear property line drains east into West Neck Creek, which outfalls into the North Landing River,through the Currituck Sound, and ultimately into the Atlantic Ocean. Watson Real Estate II, LLC Agenda Items 4&5 Page 7 Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required: 2.33 lb/yr Method of treatment proposed:The required 2.33 lb/yr reduction is proposed to be provided through the purchase of nutrient credits from an offsite nutrient bank. Stormwater Quantity Compliance Design Information Channel protection: Provided stormwater model demonstrates non-erosive velocities of stormwater discharge. Flood protection:Attenuation of peak flow rates with no increase in flooding for 10-year storm in all evaluated stormwater structures upstream and downstream. 100-Year storm evaluation: Stormwater modeling demonstrates project meets requirement of no increase in flooding for 100-year storm in all evaluated structures upstream and downstream. Sea-Level Rise: Project evaluated, and stormwater modeling demonstrates proposed buildings will not be impacted by stormwater during 100-year(including 1.5' SLR) storm event. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on December 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 26, 2021 and January 2, 2022. • 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 27, 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 January 6, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 30, 2022 and February 6, 2022. • 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 January 31, 2022. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/governrnent/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on February 11, 2022. Watson Real Estate II, LLC Agenda Items 4& 5 Page 8 Proposed Conceptual Site Layout LEGEND { WETLAND AREA \ AG-2 { AGRICULTURAL / { DISTRICT WETLAND i. \ \ AREA TO BE p. / 1 {{ MITIGATED \ `\ / o' PROPOSED NEW 4, _. 6� 0' { BUILDING AREA 6 \ { - A\ \ { PROPOSED YARD {{ / // /// \ ENCLOSURE AREA \\,...,,,,..\.. $POSED STORY 12.000 SF {Y BLDG Y,- +se { `b. \ \ \ t \{ \ \- • 1IvIl i IIs _. \ . \ \ \ \{ \ / , 4`�� \ \\ {{\ \ \c ,. \ \{ \\ \, M '''/ �\\\ \fir O-1 \% \\� / \ '�� \\ / / a \\.. \ OFFICE { / \ a a a DISTRICT \ / \ \ � \\ ,. W a \t. v + a aa 3aa \ \\\. . . a ` u . . a\ . a . 1 \ W aa a aWi WWW . \��i`\ + + � o a a\ a a 1 \ aa a 1 J 4 - + + \y \ V + aa \ 1 ` * aat y 1 \ ` \ a aa 2 `` a . 1 �n .. a + a . \ +. \a a \\ \ a a �a .......... a a a a .\ a :4: oF �O a a\a a a a a .. � \ \ , a a a .. a \/rr \ \ —.. \ \ \ \ R5-S -�_ RESIDENTIAL �'— DISTRICT 'tom = , Watson Real Estate II, LLC Agenda Items 4 &5 Page 9 Proposed Conceptual Landscape Plan Paw r !� ��.li 1`E RH f R P ' I A!'E N i . '. T71\ . t tgl IIIi v1-iVii • 2a ,I 1ii1 lI96 I igip f �; Y fj I � { � N E�•� f • 1• • �� i g9 r • i Ail ii I }; i ' I �� II iNi r I I^1 i1 i 1 r r n .; k...t 4- Pi 9 lg P' o 1,.. *1 fo,.,,t0T, - i .1 ill 11. rA*7)".c #' r 0 IrE i,I ��• `� i r. r 4-----______._i r x ! , • { r >sR ! ! 1 g I` i • .:It •I , 4 i . .. Ii ' 8y e i .1 Rt f i A irr I s 5,, la, , , 11 ': . I 14 'a-- . I ;• . • .r. . . • . • . • , - . I ',Z.-- ...`4.. / r II II • •"" • • • I I • ' a i 3• • • A. r. . . • • . . . , , ,., .i. • ,. • . •. • . • . . . II . 11 . 1 • • • • • • . . . -1 1:1 1 NN... 4ii\ ? t\ \ � - - • \ \ICI .....-.Na. s....' 4 s ,.., 1 ,., 1. .1 . .1. 1.1 1 s,,,, t4 It --Io. i %_...1 1 ' Watson Real Estate II, LLC Agenda Items 4&5 Page 10 Proposed Building Elevations Ma .-- DESIGN ` F ANDAP'PRDVAL —.-— ., E L•d,, NORTH ELEVATION SOUTH ELEVATION SCALE 1!6'•1,0' SCALE:Ur=1'd `= I 12111..__ r.star, 77.rr, Ezs_ •_ _._ -a € III , -,- ni...... WEST ELEVATION ' -�--- .. ...—_^•-• ""'-'° '" � , SCALE Lr•1'-0• SCA.F.IN'•1,0' sue—, 1r-st=7 ' 1 s i MIeEIIaI/, M. II EAST ELEVATION sexsta•ra SCALE:12=•1'0' Watson Real Estate II, LLC Agenda Items 4& 5 Page 11 Proposed Building Renderings couwur \��\ ' ea vErww,r 1�cuc I 7.1-- 6 IN tel—ia pm I I 7:71 __ _ -.-. 1 IM ... �� \ fat //1\ ,.. — I li� 111ff ' 11 .` ir—. ::::t iil Iti� 1 r: r111 s' ; - 0 . 1 .1 11 Bill 5 �I 1 c Watson Real Estate II, LLC Agenda Items 4 & 5 Page 12 Proposed Building Renderings I — I i .... -- - .. . .. r. . .. . . J.. / i \� s i .- . '\ ‘ - -1,,'.7-k'''''''4- 1-,.. t.: ./i'lF.''''... ..'.' P .4)0,opp,' .._,, ... 7� ,, ��/ Watson Real Estate II, LLC Agenda Items 4 & 5 Page 13 Proposed Sign Renderings EXTERIOR LANTERN METAL OR ACRYLIC WALL LIGHT FIXTURE-BRONZE SIGNAGE-BRONZE COURTHOUSE z CVETERINARY CLINIC EXTERIOR LANTERN --METAL OR ACRYLIC WALL LIGHT FIXTURE-BRONZE SIGNAGE-WHITE H C/) I (; I l 1-T F- )1 r_71 LV E f CAI rr s-s• -----y' -EXTERIOR LANTERN WALL LIGHT FIXTURE -BRONZE METAL OR ACRYLIC LOGO SIGNAGE WHITE V J W BLDG MOUNTED SIGNS SCALE: 1/4" = 1'-0" HARDIE BOARD FIBER CEMENT SIDING-MATCH BUILDING SIGN LIGHTING COLOR -SIM METAL OR ACRYLIC LOGO PVC OR VINYL TRIM r SIGNAGE-WHITE d POSTS- TE &AY 11 61111 ilk AM' 'SAME ON OPPOSITE SIDE METAL OR ACRYLIC WORD SIGNAGE-WHITE MONUMENT SIGN SCALE: 1/2" = 1'-0" Watson Real Estate II, LLC Agenda Items 4 & 5 Page 14 Site Photo x: . - , '• \ �. � . � ';;fed .e .. if ill 1441..:. _. .., 40,- __ ,.„---,„_:„.. P•-;,.... rt., 7 f.. .. ,,- 700 Ill 1!.. ,..1 -- Hir....... ; . : , • _ , .: ,.„r.,-., . .., . -..„, .. -- -, . .1,,,,,.. ......- - .,:, ..... .„. ,..., .....: •. .. . .. -..........,.,,,...- :-.„- ,,,,.. k.-,„ i,v '-"Zit11710'Cjw".'-4 . ' -"'-'' • I { 2.�'' d .. . fry•r :; , . ., ..., . .,i.i. ,,,. iii.f. ..--•.r.itt, V,A -. --4- '--.._;p„,---440,'' 1' • , !i r A ' t rf;e1P 't at Wa ' f 1 1pee • *i4 : : r• _ � rr � r , �"`� bra t .. sue �' x '` t _ i f7 ,kii., :: i'''' ':- .-4.'!-'-1:--'-.-... .: , , ,\ ‘).'',, -,., '. 1 II , .T,\11 t k,,, }, i4. `� ,,,,'.4 ,) u, ,.,,-,..,.. , ,,. .. -...„, -,' - ; 4:‘,, ,,ort.'2J-'."_.i.-...- -., '".::r'. 'l';'''A.1°r . .,:et,v‘4:;',01t. 1 P ,. X • it i� .-. i i {i . Yiy"� a ' .-4.: ? ,. k �i :1y..@ :'f w q , 111 1 , _ "�_ "e_:, '� ----- im. 1 :�' - -' r YL Watson Real Estate II, LLC Agenda Items 4& 5 Page 15 Disclosure Statement Disclosure Statement Vri3 fay of 4443 Dawn 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 Watson Real Estate II,LLC Does the applicant have a representative? ■Yes ❑ No • If yes,list the name of the representative. Leslie Watson,Esq. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? In Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Brian Watson • If yes,list the businesses that have a parent-subsidiary`or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Watson Real Estate,LLC;Courthouse Vetrinary Clinic,LLC;Courthouse Veterinary Hospital,LLC "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 Locaf Government Conflict of Interests Act,VA.Code§2.2-3101 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Watson Real Estate II, LLC Agenda Items 4& 5 Page 16 Disclosure Statement Disclosure Statement \33 Cry ofv yo IWO Punning&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 I No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? 1 Yes ❑No • If yes,identify the financial institutions providing the service. TOWNE BANK 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ®No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided it connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑No • If yes,identify the firm and individual providing the service. Wes Barnes C.PA.,Partner of Barnes,Brock,Cornwell,and Heilman 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. BOA Architecture,P.c.Becky Gasser Rodney Flores,Pinnacle Group Engineering,Inc. 5. Is there any othe,pending or proposed purchaser of the subject property?❑Yes I No • If yes,identify the purchaser and purchaser's service prov ders. Revised 11 09.2020 2 I P., Watson Real Estate II, LLC Agenda Items 4& 5 Page 17 Disclosure Statement Disclosure Statement NaB ritr W viryw&DM Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the appl cation or any business operating or to be operated on the property?0 Yes I No • If yes,Identify the company and individual providing the service 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,Identify the firm and individual providing the service. Rodney Flores,Pinnacle Group Engineering Inc. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,ioentify the firm and individual providing the service, Les Watson,Wolcott,Rivers,Gates Applicant Signature I certify that al of the information contained in this Disc osure Statement Form is complete,true,aro accurate. I understand that. upon receipt of notification that the application has been scheduled for public hearing,l 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. 1�1 -44 faint Signature Watson Real Estate II,U.0 Print Name and Tide Date Is the applicant also the owner of the subject property? Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No ehantes as of Date 1/26�2�22 Sitnn". Print Name -Marchelle L. Coleman Revised 11 09.2020 3 1 Watson Real Estate II, LLC Agenda Items 4 & 5 Page 18 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. Watson Real Estate II, LLC Agenda Items 4& 5 Page 19 Virginia Beach Planning Commission January 12, 2022 Public Meeting Agenda Items #4-5 Watson Real Estate II, LLC [Applicant & Property Owner] Conditional Use Permits [Animal Hospital & Commercial Kennel] 2497 North Landing Road RECOMMENDED FOR APPROVAL— CONSENT George Alcaraz: All right. Thank you, Ms. Oliver. Moving on to the next item. Items number four and five. It's Watson Real Estate, LLC, Southern Conference of the United Church of Christ, Conditional Use Permit for Animal Hospital and Commercial Kennel at 2497 North Landing Road. Sir, if you could state your name? Billy Garrington: Sure will. Thank you, Mr. Chairman, Mr. Alcaraz, members of the Planning Commission. For the record, Billy Garrington on behalf of the applicant. Applicant in this case is Watson Real Estate, LLC. Property is 2497 North Landing Road. Billy Garrington: Mr. Chairman, there are two requests here, both in the same building for the animal hospital and the commercial kennel. There are a total of 21 conditions, seven conditions at a part of the hospital and 14 conditions with the commercial kennel. We're in total agreement with all those conditions. We thank you for agreeing to place this on the consent agenda. We also have met with the city's Historical Review Board and they were on board with us also. So, we thank you very much for placing this on consent. George Alcaraz: Thank you, Mr. Garrington. Is there any opposition to this item with being on the consent agenda? Okay. Thank you. Move on to item number seven. Jack Wall: Hold on. George Alcaraz: Oh, sure. 1 Jack Wall: He's just going to read that with the record. George Alcaraz: Oh, got you. Jack Wall: Mr. Bradley. George Alcaraz: Mr. Bradley, do you mind reading that? David Bradley: I'll be glad to. The applicant is requesting Conditional Use Permits for an Animal Hospital and a Commercial Kennel in order to construct a 12,000 square foot veterinary practice and boarding facility on this 2.87-acre site zoned AG-2 Agricultural Zoning District and within the Courthouse, Historic and Cultural Districts. David Bradley: The proposal was considered by the Historic Review Board and received a certificate of appropriateness on December 15th, 2021. It was also presented to the Transition Area and Interfacility Traffic Area Citizens'Advisory Committee on October 1st, 2020, and no objections were raised. Since planning staff has recommended this subject to conditions that are listed in the report and there's no opposition, the Planning Commission is recommending putting us on the consent agenda. Madam Clerk: By recorded vote of 10 in favor and zero against agenda items one, two, three, four and five, seven, 10, 11, 13, and 14 have been recommended for approval. Agenda items number 15 and 16 by recorded vote of nine in favor, zero against, with one abstention are recommended for approval. Jack Wall: Okay, thank you. That's the conclusion of the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE 2 Graham ABSENT Horsley AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS —ANIMAL HOSPITAL 1. The applicant/owner shall submit a resubdivision plat to vacate the interior property line with the City of Virginia Beach Department of Planning & Community Development. Said plat shall be subject to review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 2. When the property is developed, it shall be in substantial conformance with the concept plan entitled "CONCEPT SITE DIAGRAM — Revised Footprint, COURTHOUSE VETERINARY CLINIC & PET BOARDING, 2497 N. LANDING ROAD, VIRGINIA BEACH, VA.", dated 10/20/2021 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to, the installation of street frontage plantings, building foundation plantings, and interior parking lot plantings. 4. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "EXTERIOR ELEVATIONS - COURTHOUSE VETERINARY CLINIC & PET BOARDING, 2497 NORTH LANDING ROAD, VIRGINIA BEACH, VA 23456", dated 8/18//2020 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. The signage design shall substantially adhere in appearance, size, materials to the submitted elevations entitled "SIGNAGE DESIGN - COURTHOUSE VETERINARY HOSPITAL, 2497 NORTH LANDING ROAD, VIRGINIA BEACH, VA 23456", dated 09/23/2020 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 6. The applicant shall comply with Section 223 of the Zoning Ordinance. 7. The final stormwater plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the preliminary stormwater analysis utilizing the same basis of design. 3 CONDITIONS— COMMERICAL KENNEL 1. The applicant/owner shall submit a resubdivision plat to vacate the interior property line with the City of Virginia Beach Department of Planning & Community Development. Said plat shall be subject to review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 2. When the property is developed, it shall be in substantial conformance with the concept plan entitled "CONCEPT SITE DIAGRAM — Revised Footprint, COURTHOUSE VETERINARY CLINIC & PET BOARDING, 2497 N. LANDING ROAD, VIRGINIA BEACH, VA.", dated 10/20/2021 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to, the installation of street frontage plantings, building foundation plantings, and interior parking lot plantings. 4. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "EXTERIOR ELEVATIONS - COURTHOUSE VETERINARY CLINIC & PET BOARDING, 2497 NORTH LANDING ROAD, VIRGINIA BEACH, VA 23456", dated 8/18//2020 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. The signage design shall substantially adhere in appearance, size, materials to the submitted elevations entitled "SIGNAGE DESIGN - COURTHOUSE VETERINARY HOSPITAL, 2497 NORTH LANDING ROAD, VIRGINIA BEACH, VA 23456", dated 09/23/2020 and prepared by BDA ARCHITECTURE, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 6. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 7. All dogs, when outside, shall be supervised at all times, and shall not be a nuisance to any other property owners or residents. 8. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 9. The commercial dog kennel structure shall be maintained in a safe and sanitary condition. 10. All animal waste from the commercial dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 11. Dog shows shall be prohibited. 4 12. The commercial dog kennel structure shall be constructed to be soundproofed and air- conditioned. 13. The applicant shall comply with Section 223 of the Zoning Ordinance. 14. The final stormwater plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the preliminary stormwater analysis utilizing the same basis of design. 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 T LEZI do 8 4y — 1 0 ° • �P ;���� 'N^ z ' �I . SS 6 fi . .C). In)/ il' • \\\° .-01 0 C:) (C1 09 ,e ,. . , ..., ., Ag1P, 0 ))\ €..,, „ -- ��►• coo co EckLr) % 8, 1 �� „ `d a 4y+ �0.. I . 0,, , ,. 0.° A flii rtia L; (Ztt' / II OttL" N ' 0. .-m/cio. • 11*.— in CDP 4 ' C3')S)* N ‘ , o OW A\ 0 oag ow ThoLog. N se. co � t;g co o L>,, - k) )) D V tr. \, csiCa 4 %- ' �3 do 0 o0 1/4 s N \\ //b// c - m ,�o o tv N \ e/.,' \ / ,,*-/% N O / vy/ CD CNI /1///7> C C At, A Ni:0 i t nO 0. Ln Nc, ���' ` of.) \\\\\ „/„/6 try ,,, 0 IiI 1 V \ o\ 5t- Q Na ,\r381/ _ gm / \ � • Q sze o_ o\ / , (nE!J! a ) \ a 0 u C As lit' iYs1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MEIRONG NEWLON [Applicant] LANDSTOWN COMMONS OWNER, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 3312 Princess Anne Rd (GPIN 1495001218). COUNCIL DISTRICT 2, formerly PRINCESS ANNE MEETING DATE: February 15, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor, specifically for the application of permanent makeup known as microblading. The use will occur within an existing 120 square foot unit in a salon suite along Princess Anne Road. No exterior changes are proposed to the building. • Considerations: The proposed request is an acceptable use at this location as the property is surrounded by commercial properties. No additional parking is required within the shopping center, as it was designed to accommodate a variety of commercial uses. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On February 15, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to O. 1 . A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make- up. No other form of tattooing shall be permitted. 3. This Conditional Use Permit shall be limited to Suite 111 within the Phenix Salon Suites. Meirong Newton Page 2 of 2 4. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 5. All signage on the site must be in accordance with the sign regulations of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departmen gency: Planning Department City Manager: Applicant Meirong Newton Agenda Item Property Owner Landstown Commons Owner, LLC Planning Commission Public Hearing January 12, 2022 14 ,, i City Council Election District Princess Anne Virginia Beach Request Conditional Use Permit(Tattoo Parlor) Staff Recommendation Approval % - Staff Planner "� __ Michaela D. McKinney Nola" : 94 Location .4,4 3312 Princess Anne Road,Suite 111 MedicalParkway mNV! GPIN dl 1495001218 2 0 ___I-_,_ \_ r l Site Size z� 35.29 acres o AICUZN 70-75 dB DNL P Watershed Southern Rivers Existing Land Use and Zoning District r t, ., - Shopping Center/ B-2 Community Business 7- +-t 'a ' <' F'°,, Surrounding Land Uses and Zoning Districts \ North Shopping center, single-family dwellings/ B-2 , ¢ '*MIr • Community Business, R-5D Residential woo South 4 - • Princess Anne Road 4 Shopping Center, funeral home, cemetery/ B-2 ,,F. Community Business,AG-1 Agricultural, AG-2 * •ate ..- Agricultural 4 East �� Single-family dwellings/R-5D Residential West Dam Neck Road . Farmers' market, single-family dwellings/ B-2 Community Business, R-5D Residential Meirong Newlon Agenda Item 14 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Tattoo Parlor,specifically for the application of permanent make-up, known as microblading.The operation will occur within an existing salon in the Landstown Commons Shopping Center.The property is zoned B-2 Community Business. • The proposed tattoo parlor will have one employee. The typical hours of operation will be 8:00 a.m. to 8:00 p.m., Monday through Friday. • No exterior changes to the building or to the existing signage are proposed. 73 u( � `Z 1 e • %•• (n •" os > oo a P1 • J�.�� Z ; • �.. �4 o Zoning History `� '\ ``:: _ # Request • fs r 1 CRZ(AG-2 to Conditional 0 2)Approved 05/14/2013 %'�".I (� 2 CRZ AG-1 to Conditional B-2 Approved 02/03/2009 ,yet/, ,I;'' 1 Y, �1 ( ) P P ��� `� � �� 3 CRZ(AG-1&AG-2 to Conditional B-2)Approved -t <.` � ���1� ' : 'r` 04/24/2012 i2 - Awl 3 •B2= y+ `( 62 G Z,.-_ •moo • 2 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The proposed request for a Conditional Use Permit for a Tattoo Parlor, in Staff's opinion, is acceptable given that the use will be compatible with the other existing commercial businesses in the area.The Tattoo Parlor will be for the application of permanent makeup, rather than traditional tattooing. Prior to operation on the site,the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. Chapter 23 mentions the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Meirong Newlon Agenda Item 14 Page 2 Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. This Conditional Use Permit shall be limited to Suite 111 within the Phenix Salon Suites. 4. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 5. All signage on the site must be in accordance with the sign regulations of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located within the Suburban Area of the city, which the Comprehensive Plan designates to be preserved and protected. One of the guiding development principles of Suburban Areas is the creation of"Great Neighborhoods,"which should depict a stable and sustainable neighborhood supported by complimentary non- residential uses. Compatibility among proposed and existing uses within a particular area in the Suburban Area is vital to the stability of these neighborhoods. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Meirong Newlon Agenda Item 14 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Dam Neck Road 34,700 ADT1 36,700 ADT 1(LOS 2"D") No Change Anticipated 3 Princess Anne Road 36,700 ADT1 55,500 ADT (LOS 2"D") 39,700ADT 1(LOS 2"D") 'Average Daily Trips 2 LOS=Level of Service 3 average daily trips not expected to change Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The site is located in the Landstown Commons shopping center in the northeast quadrant of the Dam Neck Road and Princess Anne Road intersection. The site is located on a private internal roadway within the Landstown Commons development, which has direct access to Dam Neck Road and Princess Anne Road via one signalized intersection each. Dam Neck Road is a four-lane major suburban arterial. It is shown in the MTP map as a divided roadway with a 165' right-of-way. There are currently no CIP projects slated for this segment of the roadway. Princess Anne Road is a major suburban arterial that transitions from eight lanes north of Dam Neck Road to six lanes south of the site access point down to Winterberry Lane to a divided four lane Parkway section from Winterberry Lane south to Nimmo Parkway. This section of Princess Anne Road is contained within a 250' right-of-way. There are currently no CIP projects slated for this segment of the roadway. Public Utility Impacts Water & Sewer The site currently connects to City water and sewer through a shared private water and sewer system. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on December 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 26, 2021 and January 2, 2022. • 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 27, 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 January 6, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, January 30, 2022 and February 6, 2022. Meirong Newlon Agenda Item 14 Page 4 • 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 January 31, 2022. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/citv-council/Documents/BookmarkedAgenda.pdf on February 11,2022. Meirong Newton Agenda Item 14 Page 5 Proposed Site Layout C.-'. - .. �: 7 , . `.• chic-ow 5 � -k s'4 -- ;% - . A 4II# _I }4' '4I -' J . V ,, '+ max- ' ae -� .t`°, •11,4� ` :y illg • :r a` .. • s • 4.♦ . ram.- _ 4 .At k - w •.. 0‘)\'' '- C'% * '. ;4' ::V ''' h 4'1- . .'..41 4*'' --. . • a ... <_<:,. . ,,,..., ,. 'V ,. ' - ,.* ''... 4 ' / -,--- ' '''-'''.'t fit, 'Li., . r r �ti�- •1 .7 `* .lib . i` t • r r- c\144,... • \.1.-, ' '..Aliblv:....,.... ,...tty_..4,,1 '1, '###1-".----.L. .4.r . . :3, '--''''44t1:::::. '‘ Y,'1'7.: : . *:.:‘,:*. - , ,- ..,. ,..„ ._ „.„. _ /*ilk: -. . ., i. 'SL-6 -- ' ..",. .1' ittitor •: .� S l 2_ G E '''F .-1 � �ecreat10(1.Qr . , Meirong Newlon Agenda Item 14 Page 6 Site Photos .,.,, , . .., , ,,if,..,.. •,,,,f..,\ _ - ` ` g`a . i r r r 1 \it i Y r.i • �, i �Y -- rvX � Z • _.v..... ram. :17,..,I',";:,,','",i " . � }IdsY }qSr 3k. :� -`� • 1:� iffik- �- >'-ag 'tea._.. t -wwst dog 6. r ri te... x .. - r. ; `� M�^t_;4:514.°�t k"�11,s'.7...+J:.'NxWa n :>,� ..�... �. ,i. .l ,. -x-� Meirong Newlon Agenda Item 14 Page 7 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 Meirong Newlon Applicant Name Does the applicant have a representative? 0 Yes ® No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?*Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) VB Nail Spa LLC Meirong Newton(Sole Member) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list If necessary) -"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(II)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09.2020 1 1 P a p Meirong Newlon Agenda Item 14 Page 8 Disclosure Statement Disclosure Statement Planning&Community Development Known Interest b;Public Official or Emlo;ee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes I No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes In No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes `ar No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IN No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes W No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2O20 2 I P a g e Meirong Newlon Agenda Item 14 Page 9 Disclosure Statement Disclosure Statement r,i ,efsmmrtt.�* Planning&C.ommunity Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes a NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ®No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public bo. .r committee in connection with this application. is r'.nt Signature �_ WOES 1\)t 0vL t -0Wn(4- Print Name and Rile 10' 2--1_ Date Is the applicant also the owner of the subject property? 0 Yes ®No • If yes,you do not need to fill out the owner disclosure statement 'FOR CITY USE ONLY/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 I Date Signature Print Name Michaels D.McKinney Revised 11.09.2020 3 I i' Meirong Newlon Agenda Item 14 Page 10 Disclosure Statement DocuSign Envelope ID:F86329A7-F716.49CG-A303-024411G8F41E Disclosure Statement 11/4/3 Planning&Community Owner Disclosure Owner Name Landstown Commons Owner LLC Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Acadia Strategic Opportunity Fund V LLC,sole member Douglas Austin • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Acadia Strategic Opportunity Fund V LLC,sole member Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action?❑Yes IR No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101. Revised 11.09.2020 5 I P a F Meirong Newton Agenda Item 14 Page 11 Disclosure Statement uocussgn tnveiope w:eao'LSfnr-r r i o-nyc:t;-nsu.wZaa 1 wrsrai t Disclosure Statement AB Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? CI Yes • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes Fp No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes :No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes k No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage Meirong Newlon Agenda Item 14 Page 12 Disclosure Statement DocuSign Envelope ID:F86329A7-F716-49CC-A303-024411CBF41E Disclosure Statement AtI3 Planning&Community 1><' e1rtpnx'nt 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Doosronedby: .1 AO AA O wnerS nature Douglas Austin,Authorized Signatory Print Name and Title 9/29/2021 Date Revised 11.09.2020 7 I P a c, Meirong Newlon Agenda Item 14 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. Meirong Newlon Agenda Item 14 Page 14 O z1__ _,_ ,, , , u ,________: \ \ tssi L i m ' ;,, LL, 4d. I \ I'I �� 3 I O o \,\ ._____ _________ / cod i A‘ I 44\ 1 /b. C° r N s O CO N 11 V� I O O N H 7 E e 0' m i 1 b 1 (.>1%,7 \ -- 0 a) tv _ S. -2. -(i) D 1 -1*? i iti Ac�a � %a-D0Q o 0 J > No a ; s U 4to \ in c., it • ••••, it (6 Q---qt> c4 ' o 4E1 ct \ te: m LO %"(77-1---Einn ctl " CD ' lc \ , 0 te, M n \ \ Lx.) cp 0 i di \ N: u zi 1 L-1-,r7: -- ci_)). ii \1— 0 4\ v � v o -_ -- -6 Q o o Q c, ►� \�\ \ o —� �N \to , \ ----n QC3[a uell a o \ \ \\ OJ cn N m cc 4 y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WINNER'S PROPERTIES, LLC [Applicant] THE RUNNYMEDE CORPORATION [Property Owner] Conditional Use Permit (Motor Vehicle Sales & Service) for the property located at 3736 Sentara Way (GPIN 1487428775). COUNCIL DISTRICT 3, formerly Rose Hall MEETING DATE: February 15, 2022 (Deferred on December 7, 2021) ■ Background: This request was deferred by the City Council on December 7, 2021, as there was opposition from the adjacent neighborhood and those who use the site for recreation. Much of the opposition was related to the operational practices of the existing car dealership immediately to the east that is also owed by the applicant. Since the deferral, the applicant's representative and members of the community met on January 27, 2022 to discuss their concerns. According to the applicant, a resolution could not be reached as several of the community members believe that if this request were to be denied by Council, the wooded parcel would remain undeveloped. In fact, this parcel has an approved Site Plan in 2020 to develop the parcel with an office building and parking lot that is permitted by right under the current B-2 zoning designation. No amendments to the conceptual layout or design have been proposed by the applicant. The applicant seeks a Conditional Use Permit to expand the existing and adjacent automotive dealership (Checkered Flag) onto this 3.22-acre property within the Rosemont Strategic Growth Area (SGA). In 1997, City Council approved a Conditional Use Permit for this site to operate an automotive dealership. A modification in 2013 to that approval resulted in the removal of this parcel from the dealership, leaving it undeveloped. Now proposed is a 12,000 square-foot auto sales building to be constructed with a modern design with glass and aluminum composite panels with vehicle display areas on the west and rear sides of the building. Enhanced plantings above minimum requirements include a three-foot high berm and 15-foot wide landscape buffer, rather than a 10-foot wide planning area, with enhanced Category IV plantings along Sentara Way. ■ Considerations: Planning Commission concurs with Staff that the request to expand the automotive dealership onto this property is acceptable. While not consistent with the Strategic Winner's Properties, LLC Page 2 of 4 Growth Area Plan's recommendation for office use on this site, the proposed development corresponds with the existing pattern of development in the area and with the previous City Council approval. The proposed berm, wide landscape buffer with enhanced plantings along Sentara Way will help screen the proposed parking and display areas from the residential dwellings on the south side of Sentara Way. There are unimproved rights-of-way along the western and northern sides of this property that are wooded and there are no plans to improve these areas in the near future. A 25-foot wide wooded buffer will remain that borders the senior housing facility along the western property line. The Planning Commission recommends approval of the request with an additional condition, Condition 12, that emphasizes the existing requirement that rights-of- way shall not be used as loading and unloading zones. At the December 7, 2021 public hearing, Council requested Condition 13 be added for the protection of migratory birds that requires to applicant to obtain the appropriate permits through the federal agency prior to the removal of any trees. Both conditions are acceptable to the applicant and are noted below with underline text. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Prior to the Planning Commission public hearing, Staff received three letters of opposition. Three speakers voiced opposition at the hearing noting concerns related to glare of lighting, traffic congestion in the rights-of-way, the potential for additional disruptive noise, the removal of existing mature trees, and the elimination of a bicycle motocross (BMX) trail, albeit unauthorized. A petition of opposition with 18 signatures was also provided at the Planning Commission public hearing. City staff inspected the property and adjacent residential properties and did not find any glare directly impacting the residential street. ■ Recommendation: On November 10, 2021 , the Planning Commission Planning Commission passed a motion to recommend approval of this request by a recorded vote of 9 to 1. 1. When the property is developed, it shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis at Sentara Way", dated September 30, 2021, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Prior to Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval. The Landscape Plan shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis at Sentara Way", dated September 30, 2021, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and Winner's Properties, LLC Page 3 of 4 is on file in the Department of Planning and Community Development. Landscape plantings shall be maintained for the duration of the use and shall be subject to the review and approval of the Development and Service Center. 3. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 4. All vehicles for sale or rental shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 1 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 5. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 7. There shall be no outside audio speakers for any purpose. 8. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 9. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 10.A11 outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. 11.No motor vehicle shall be displayed for sale or rental within the first five (5) feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 12.The loading and unloading of vehicles within the rights-of-way shall be prohibited. Winner's Properties, LLC Page 4 of 4 13.Prior to construction or tree removal, the developer shall contact the appropriate federal agency regarding the protection of migratory or predatory birds and any other protected species and obtain all necessary approvals or permits to remove the trees. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Opposition (3) Petition of Opposition (18 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department e7 A,� City Manager:J 1BApplicant Winner's Properties, LLC Agenda Item Property Owner The Runnymede Corporation Planning Commission Public Hearing November 10, 2021 9 City Council District District 3,formerly Rose Hall Virginia Beach Request Conditional Use Permit (Motor Vehicle Sales &Service) i 1 am pl Avenue Par' Dove Drive Staff Recommendation s Malibu Approval O ° vog'n'a$eacn B ouleverd --\ S w Bonney Road - _ Staff Planner a 11 Hoa N. Dao Y. ! N D Boyd Road R " v Hilber Street c i t2 " a / - 6 Wayne Street Location o i i a F Barry Bar Street 3736 Sentara Way o G P I N _ad1 Chester Street 1487428775 �ee�'�ooADom'" r1 5 Site Size �,� n l N Teakwood Dove E 3.22 acres m AICUZ ' m \ a Colo nial P arkw at, n Less than 65 dB DNL 11 Plaza'Dad 3 / 1 Watershed a Chesapeake Bay Existing Land Use and Zoning District Wooded lot /B-2 Community Business Surrounding Land Uses and Zoning Districts North I-264, Unimproved Right-of-Way Wooded lot / R-7.5 Residential r r °. , = ' ,`. >f d ` South . - Sentara Way - — Single-family dwellings / R 7.5 Residential • E.East tom. _. Auto dealership / B-2 Community Business West _ .,,, ,,1:0uievard Unimproved Spruce Street ' '" Housing for seniors &disabled persons / R-7.5 = --e ''' ' '1 - '' Residential Winner's Properties, LLC Agenda Item 9 Page 1 Background & Summary of Proposal • The applicant is seeking a Conditional Use Permit for Motor Vehicle Sales and Service on a 3.22-acre parcel zoned B- 2 Community Business District within the Rosemont Strategic Growth Area (SGA).This proposal is an expansion of the existing dealership operating on the adjacent site. • In 1997,City Council granted a request to operate an automotive dealership on the adjacent parcel,which included this parcel for an expanded parking area. A Modifcation to that Conditional Use Permit was granted in 2013 to update the site layout,which removed this parcel from the dealership and resulted in an update to the building's design and exterior materials. • The submitted concept plan shows a 12,000 square foot dealership and parking lot. The proposed building will be located in close proximity of Sentara Way while the customer and employee parking spaces will be between the building and Sentara Way.The display areas are proposed to the west of the building, adjacent to the unimproved Spruce Street,and in the rear of the site. Display areas will be screened by landscape buffers along the western and southern property lines. • The renderings on page 7 of this report depicts the building to be of a modern design style with glass and aluminum composite panels(alucobond). • The proposed size of the dealership requires 14 parking spaces.The proposal exceeds the parking requirement by seven spaces. • The hours of operation will be from 7:00 a.m.to 9:00 p.m., seven days per week. 1 I e: !� Zoning History # Request 1 MODC(Motor Vehicle Sales,Services,&Rentals) Approved 11/12/2013 j -1CUP(Automobile Repair)Approved 05/25/2004 ' } CUP(Automotive Service Center)Approved 12/10/2002 u c_ ' � CUP(Motor Vehicle Sales,Services,&Rentals)Approved A , _`" ,`` 02/25/1997 2 2 MODC(Assisted Living&Nursing Home)Approved I,. / 12/13/2011 wr_! ----- CUP(Assisted Living&Nursing Home)Approved _ 08/25/1992 ' I , P�'es1d ,—_-_) 1 a2 3 STC(R-7.5 to B-2)Approved 02/10/1998 I-, ')' '.r- ' ' Ar 4 REZ(R-7.5 to B-2)Approved 02/25/1997 Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,the applicant's proposal to expand the use of an automotive dealership(Checkered Flag) onto this property is acceptable.The Rosemont SGA Plan notes that this site should include a transition from an auto-oriented retail strip to a mixed-use transit-oriented neighborhood center at higher densities.While the Comprehensive Plan also Winner's Properties, LLC Agenda Item 9 Page 2 recommends for office use at this location,the proposed development corresponds with the existing pattern of development in the area. As mentioned above,this site was designated as parking area for the dealership in the approved 1997 request. Furthermore,the proposed screening and the conditions as recommended,along with the existence of an unimproved right-of-way will all assist with minimizing impacts to residential properties in the vicinity. The Sentara Way Flyover road project is shown on the SGA Plan,the City's Master Transportation Plan,and the VDOT I- 264 Corridor Study project. Preliminary plans show this roadway on portions of this property; however,there is no road designed, construction timeline, or funding identified for the project at this time. Based on preliminary review,the proposed building has been placed in a similar location to where the building was shown on the SGA Plan. The proposed modern style building, lot layout, and landscaping buffer will be complementary the existing dealership. Consistent with the existing dealership,the three-foot high berm will be extended onto this site along Sentara Way to help screen the proposed parking and display areas from the adjacent residential dwellings across Sentara Way. A 15- foot wide landscape buffer with enhanced Category IV plantings will be installed along Sentara Way and a 25-foot wide natural vegetated buffer will remain along the western property line. In addition,a six-foot tall privacy fence and a four to five-foot tall black aluminum fence are proposed to enclose the vehicle display area for security purposes. Staff has determined that the application as presented will result in a reduction in traffic volume when compared to other uses that potentially could be developed as a matter of right in the B-2 zoning district. Based on the considerations described,Staff recommends approval of this request subject to the conditions listed below that are designed to reduce visual and operational impacts to the surrounding residents. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis at Sentara Way",dated September 30, 2021,and prepared by Orbis Landscape Architecture,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Prior to Site Plan approval,a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval.The Landscape Plan shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis at Sentara Way",dated September 30, 2021, and prepared by Orbis Landscape Architecture,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Landscape plantings shall be maintained for the duration of the use and shall be subject to the review and approval of the Development and Service Center. 3. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 4. All vehicles for sale or rental shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 1 above. No vehicles shall be displayed on raised platforms,earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 5. There shall be no storage of tires, merchandise,or debris of any kind outside of the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 7. There shall be no outside audio speakers for any purpose. Winner's Properties, LLC Agenda Item 9 Page 3 8. There shall be no signs which contain or consist of pennants, ribbons,streamers,spinners, strings of light bulbs,or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted,or attached to the windows, utility poles,trees, or fences,or in an unauthorized manner to walls or other signs.There shall be no portable or nonstructural signs,or electronic display signs on the site. 9. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 10. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected,shaded,and focused away from all adjoining properties. 11. No motor vehicle shall be displayed for sale or rental within the first five (5)feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 12. The loading and unloading of vehicles within the rights-of-way shall be prohibited. 13. Prior to construction or tree removal,the developer shall contact the appropriate federal agency regarding the protection of migratory or predatory birds and any other protected species and obtain all necessary approvals or permits to remove the trees. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located within the Rosemont Strategic Growth Area (SGA)that is envisioned to transition from an auto-oriented retail strip to a mixed-use transit-oriented neighborhood center at higher densities.The land use plan for the subject property calls for an office use with maximum permitted height of up to four stories, incorporating water, open space, and stormwater management amenities and building fronting the streets with parking properly screened in the rear. Proposed developments in urban areas should also consider ways to integrate the site and building design guidelines established in the Special Area Development Guidelines for Urban Areas adopted by reference in the Comprehensive Plan. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural features associated with this site. Winner's Properties, LLC Agenda Item 9 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Sentara Way No Data Available 9,900 ADT 1(LOS 4"D") Existing Land Use 2a—0 ADT Existing Zoning 2b-1,760 ADT South Rosemont Road 33,200 ADT 1(2018) 32,700 ADT 1(LOS°"D") Proposed Land Use 3—335 ADT 'Average Daily Trips "as defined by a vacant parcel 3as defined by a 12,000 square °LOS=Level of Service 2b as defined by a 3.2-acre site foot auto dealership zoned B-2 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Sentara Way is a two-lane local street and S. Rosemont Road is a four-lane minor urban arterial roadway. S. Rosemont Road is designated on the MTP to be improved to a six-lane divided arterial with a 165-foot wide right-of-way and a bikeway. There are no roadway CIP projects slated on this portion of Rosemont Road or Sentara Way. The Sentara Way Flyover road project is shown on the SGA Plan,the City's Master Transportation Plan,and the VDOT I- 264 Corridor Study project. Preliminary plans show this roadway cutting through this property; however,there is no construction timeline or funding identified for the project. Public Utility Impacts Water City water is available for connection.There is an existing 8-inch city water main along Sentara Way. Sewer City sanitary sewer is available for connection.There is an existing 8-inch city sanitary gravity main along Sentara Way and a 10-inch city sanitary sewer gravity main within the right-of-way adjacent to the western property line. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 24, 2021 and October 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 October 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 November 4,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 30, 2022 and February 6, 2022. Winner's Properties, LLC Agenda Item 9 Page 5 • 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 January 31,2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on February 11,2022. Winner's Properties, LLC Agenda Item 9 Page 6 v m N. J C J c 00 vi - fC y - a. 0 13 GJ c G. , O tip as N L CONCEPTUAL 51TE LAYOUT PLAN OF c GHEGKERED FLAG C ENE515 AT SENTARA WAY ,: ;w VIRGINIA BEACH,VIRGINIA I .. «. „...„ 5114,44. ...a=AC • GP. 1407.4241775 • .,T,u R.10 y�4 j. 04aa0&MOO N ^ 91 P10m0766160 N I . ' 4R P.Mas APE Waling UmV1WwNbp/ -...1 T - - •:i ., / t F10y0Md� W10[140Ma W.- ¢.,, - r.}+n' 4w+e- • 4AbUNOQEOIIREC __ —_ -_.-..__ fRR a 71..w>•.a. I♦PA.�A00 Sr. 15,PALC6 III/• _- —_..- mGv 4.0 �• 'ammo tremor 4AfKiN6 r1lV O ON- ]9PALC5 I ♦ l - 1 OWN YA[ .eolam \c-\ 1 4:105'N YALE 4146v reo i TGO 5F \\,:\ 7 l L .: I Ia60 n5F 505, 5 . ., •j(,A n• ` `T116E51'wvloEv, ,d4LH YALE YFDIIRED \ \ S •,Iy,0 x I26 6.D2 5F - .'i I t 1 O.E91 YAL'-'WV D'_D. 46YJ05F :,p I r; _..TREE5 RE7.IYE7 r . •.B 6.W]Xn50 BP. 4 , i7 �.', I ..: i,I TREES FR0VIDED. 4 `.1^0 I sa..-. ,. •I C t , O , CO =EX ++ p re f9 Nor— I'` 4-1 DATE.09/50/2021CL R R 5241220,aw..v1-6... y u.a yr�AUR h. »a .z 56 Fr. O 1 ✓I SONCI2PPRIAp.A.M.MCP 111/1.10, WV 25 0 25 50 CU p51A ARE AP%xWA F.CORLIPf DRNW9'ARE lE 61541 II1 W.ME.W r.4E MOW I all,TO 4ALMMTi'K Xv4Q4C'1i 0D4 A.V IOW 4.0WWL0 0',TMCi 1 NCN.ri R U^ 6N0.10 NM x 1¢_OD WOW AS T.502 MK 5`OOP MY H5N ILNL 06 �BALLY C Op Np 1R/4y.LTIC6. 0 U .a CU 0 0 Q O L a Renderings i k it , ,. .. . . i : •,-„, Y. Ai 7.. ' ,• - . - • - - , . _ - -,...., . -. !.......- ... ,... -1'F g I I A ...3. „.... . ikt*---- , ... I — . = , -,,- . 1-07-- . . 0 S9 • il t r. r_ _ o i:'...: 6 — -i, VX mi 9, Winner's Properties, LLC Agenda Item 9 Page 8 Site Photos . .., i '}fit -'' '. c 1 N 1- � r�. ,t6+-'sh- R, . , rt fai r _- r« wn.-do f►-_:' mow �� 41w'-f 3 #" yFti: , fib, , � `. ,iii. Y M u i ica •Al,m rt 4 .y� .r r _ _...,.. egm • Winner's Properties, LLC Agenda Item 9 Page 9 Site Photos ,= 111MNIF Y.....1'..-'4."4,,, >Z. • #) '94141% . 11 't.e.,', '' ' . •4 1'.1.' • 't„,, •' t". ...;,,x-,,,,,,.".• . .,,,, • .7`k,-2--.- '-._:-. ;,,, , .1 - lt -tr.-.4 ,,_ fi. -i,!, - -...„-. • i's-4 t - ,;., . *t. . , A • , 1... ..- . , Is 1,-,. • .,,.".i -r .45 '" ...: . o.r..',-. •, -4%----0**t.-,,„;1-r_.-• e,.. ,- _ IIROV,7:- .% ;., ' r''' *15 • 41-40. • ...,, ti„...; 1 ....'- -• -- 4' c!!'-•,,=•;• ,. ---4 • III 4 _ ..7.:'_.: ,, -...,...• ik:ore, • '' ,r"11's ' "4. .M me .• _.. .., ""'""""" '"' '. - f- •- ‘ • ..... vii::::, = •,... .- • • ---- •-•-,7. _ft-,,,,.4 -,....:.',. ••••••• 'h"...,,k. .'..• -- - - . ...,. ...4-- **I . .2-1:' •,,• . ' ". ..., '"V? • ,,:"...!''...'•*:-.., s. 1. IP ' ' ,.% ..,., !. r 1,,,„.i.-:;t,•, ;.. ,,c 4,1: ?• . J.: . . "...GP:"; k . .., .. - , -,/•.. . „41ifieSs. r - i * ' ‘" ' I.*tr,ii i• *.. •' - ' t't 4,1 .".1:..1%' , i.,4V if • '',.• . * . N‘r r, 4 f •;.,4 i 4! '.4' 4":.A • ,t, IF '.3 •4• 1 • ''. '‘' '.' •,.A.1;%.,, 'W.-410- . .' `bilt,„' , -11.. -- ,-1 1 If f i, - _ ..,-.•-yip.- : _4- ,7,..,.._, . , 4 # ).1 4 ..'. , - • ,--- IP-pl.- ''i , 1 , -:•.i.t. , ,.. - I ,•,,. 'C'.,../.. . , ,, ,, • ,AI 'At, .1:- ' .1iii • 0' - . , _. !: Its i .., , y. , - --- 41 , ' ik i•a• , %-----. 1 - •• . - I . --,•- . . . -r- . ,• ---- 4, - _ .. i iik , e Winner's Properties, LLC Agenda Item 9 Page 10 Disclosure Statement Disclosure Statement PhInnin&Oomtuunity. 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 winner's Properties,LLC Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. Kyle D.Korte,Esq.and Billy Garrington Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ■Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below (Attach a list if necessary) Stephen M.Snyder,Sole Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Please see document attached as Exhibit"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. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Winner's Properties, LLC Agenda Item 9 Page 11 Disclosure Statement Disclosure Statement 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 II No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1 Does the apclicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes U 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. Covington Hendrix Anderson Architects(Jerry Smith&Robert Antonio);Orbis Landscape Architecture(Nathan Lahy) 5. Is there any other pending or proposed purchaser of the subject property?0 Yes III No • If yes,identify the purchaser and purchasers service providers. 21 Winner's Properties, LLC Agenda Item 9 Page 12 Disclosure Statement Disclosure Statement \43 Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?U Yes ❑No • If yes,identify the firm and individual providing the service. 1:MSA,P.C.;2:Billy Garrington 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,identify the firm and individual providing the service. Wolcott Rivers,P.C. 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,lam 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 .5ec iAeo n .Snyh , 014/1-11 e-/- Print Name and Title g/3 40/2 0 I Date Is the applicant also the owner of the subject property? ❑Yes II No • If yes,you do not need to fill cut 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 ' D No dung..a of Date 2022.01.26 u °r• I Print Name Hoa N. Dao 31 Winner's Properties, LLC Agenda Item 9 Page 13 Disclosure Statement Disclosure Statemen Planning&Community e,. Development Owner Disclosure Owner Name The Runnymede Corporation Applicant Name Winner's Properties,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ❑No ▪ If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Andrew S Fine,Chairman,Morris H Fine,Co-chairman Secretary;Matthew D Fine,President;Jeffrey S Fine,Vice President Robert T.Fine,Vice President;Michael G.Finee,Vice President;Donald 1 Frederick,Vice President and CEO _ • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes t No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent subsidiary relationship"means"a relationship tnat 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 4 2.2-3101. Revised 11.09.2020 S I P a g t Winner's Properties, LLC Agenda Item 9 Page 14 Disclosure Statement Disclosure Statement City of Viyiniu Beath Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes II No • If yes,identify the company and individual providing the service. Property is under contract to sell to Winner's Properties,LLC 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?II Yes D No • If yes,identify the firm and individual providing the service. MSA,P.C. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 1111 No • If yes,identify the purchaser and purchaser's service providers. No,Winner's Properties,LLC is under contract to purchase 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑No • If yes,identify the firm and individual providing the service. Winner's Properties,LLC,represented by Kyle D.Korte,Esq. Revised 11 09.2020 6 Winner's Properties, LLC Agenda Item 9 Page 15 Disclosure Statement Disclosure StatementMr3 Clip ofVvpvau loe. Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?I Yes 0 No • If yes,identify the firm and individua providing legal the service. Fine,Fine,Legum,and McCracken,LLP Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature f~ The Runnymede Corporation,Donald J.Frederick,Vice President and CEO Print Name and Title 30-August-2021 Date • Revised 11.09.2020 Winner's Properties, LLC Agenda Item 9 Page 16 Disclosure Statement Exhibit A List of Winner's Properties,LLC Affiliated Entities • CHECKERED FLAG MOTOR CAR COMPANY,INC. • CHECKERED FLAG STORE#1,L.L.C. • CHECKERED FLAG STORE#2,L.L.C. • CHECKERED FLAG STORE#3,L.L.C. • CHECKERED FLAG STORE#4,L.L.C. • CIECKERED FLAG STORE#5,I..L.C. • CHECKERED FLAG STORE#6,L.L.C. • CHECKERED FLAG STORE#7,L.L.C. • CHECKERED FLAG STORE#8,L.L.C. • CHECKERED FLAG STORE#9,L.L.C. • CHECKERED FLAG STORE#10,L.L.C. • CHECKERED FLAG STORE#11,L.L.C. • CHECKERED FLAG STORE#12,L.L.C. Winner's Properties, LLC Agenda Item 9 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Winner's Properties, LLC Agenda Item 9 Page 18 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 9 Winner's Properties, LLC [Applicant] The Runnymede Corporation [Property Owner] Conditional Use Permit [Motor Vehicle Sales & Service] 3736 Sentara Way RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Our next item of business is agenda item number nine, Winners Properties, LLC. An application for a Conditional Use Permit, Motor Vehicle Sales and Service, on property located at 3736 Sentara Way in the Beach District. David Weiner: Hold on one second. David Weiner: For the record, do we need to state that Mr. Horsley's left? Ms. Wilson: Has he left for the day? Yeah. We'll put that on the record. Billy Garrington: Must be planting season, or harvest. Dee Oliver: It is. David Weiner: It is. Yeah. Dee Oliver: Actually it is. See, that's why he had to go. He's only got so much daylight left. David Weiner: 1 Yeah. It just makes a difference if he gets home after dark. Billy Garrington: Okay. Are we ready to go? David Weiner: Yeah. We're ready. I'm sorry. Go ahead. I'm sorry. We're ready. Billy Garrington: Thank you, Mr. Chairman. Ladies and gentlemen of the Planning Commission, for the record, Billy Garrington on behalf of the applicant. The applicant in this case is Winner's Property LLC, which everybody probably by this point knows, is a Checkered Flag Motor Company in the City of Virginia Beach. Property is known as 3736 Sentara Way. 3.22 acre parcel of land, out in the Princess Anne borough. If you visited the property, you'd know that it is bordered on the north by Interstate 264 on the south by Sentara Way, bordered on the east by their Hyundai World dealership that they already own and on the west is the Sentara Nursing facility. The request that you have in front of you today is for motor vehicle sales and service on this B2 piece of property that your staff has looked at. Billy Garrington: Staff has recommended us favorably for approval, with the 11 conditions that are in the staff write up and I'm here to tell you that we are in total agreement with those 11 conditions. Wish I could sit down now and just leave, but I can't, because we've got opposition to the request that you have in front of you today. Billy Garrington: And I don't want to say anything disparaging about the opposition, but I do want to give you full disclosure. Someone, and I think it's the people that are here speaking in opposition, have been utilizing this property for some time now, for a use which your zoning office says is categorized as a recreational facility of an outdoor nature. That requires a Conditional Use Permit. There has not been one applied for, or granted for this piece of property. It requires on-site parking, which there is none, it requires restroom facilities, which it has none and it also requires the permission of the owner of the property, which has not been granted. Billy Garrington: So I am absolutely miffed that I have opposition to this, that is asking you to turn this down and they even categorized it as an ugly parking lot. Does that look like an ugly parking lot to you? Looks like something that our city staff and our city would be proud of, because it's economic development and economic development is what keeps this city viable and what keeps this engine going. They even talked about the tree removal and the vegetation that was going to happen and 2 I think there was even a hawk's nest that somebody spoke about. Let me tell you, there has already been a commercial site plan approved for this piece of property, when it was the office building. We are piggybacking on top of that and using the same stormwater mode that was done for the office building, so that we didn't have to go back through another stormwater review. Billy Garrington: So those trees and the clearing of this property has already been addressed and the previous site plan review that went through on this piece of property. Basically, if we wanted to go post all the development bonds that we want and E&S bonds, we could already be clearing the property. But there is a very nice, what I would say, recreational facility that's on this property, that has been utilized without anybody from Runnymede giving it their approval. So I'm here to tell you that the staff write up that you have in front of you, the 11 conditions that are in the staff write up, we're in total agreement with the request. That's what you're going to have if this thing gets approved and we're here today to ask for your approval of this use permit and I will try to keep it as brief as I can, in case there's any rebuttal, but I hope there's not. David Weiner: Any questions? Robyn Klein: Yes. Dee Oliver: I have a question for- Robyn Klein: Yeah. Dee Oliver: Oh, sorry. David Weiner: Go ahead, George. George Alcaraz: Mr. Garrington, I was there and I was amazed what I saw too, but just curious, because it's got some age to it. It's been there a while. Billy Garrington: 3 I'm sure it has. George Alcaraz: I'm just wondering why it hasn't been addressed. Billy Garrington: That's a good question. George Alcaraz: Okay. Billy Garrington: Couldn't tell you. But no, the people at Runnymede say they're not familiar with it. George Alcaraz: It looks like someone spent a lot of time and effort. Billy Garrington: There is a lot of effort there. Matter of fact, one of the letters of opposition that we got, the person said that they were mentally involved in this project. How do you get mentally involved in something that you don't own? You're on somebody else's property. If I'm not mistaken, when I was growing up, that was called trespassing. Dee Oliver: Well, Mr. Garrington, has there been charges pressed against this group of people, just out of curiosity and why are they- Billy Garrington: Not that I'm aware of- Dee Oliver: ... presenting? Billy Garrington: ... because Winners has just recently made a purchase of the property for this conditional use permit. Before it was just whoever was doing the office building, but Winners has just gotten involved in it, in the last three or four months. But I don't even think- 4 Dee Oliver: So Winners has just bought the property from... Billy Garrington: Pardon? Dee Oliver: So who owns the property?Winners now? Billy Garrington: Runnymede still owns it and we are the contract purchaser, based upon the use permit getting approved. Dee Oliver: And so what we have is obviously an illegal use on a piece of property where people are trespassing on. Billy Garrington: And I met with your zoning staff this morning and obviously your short staffed, but they didn't even know anything about it. And they asked me if I wanted to have someone go out there and I said, "No, that's not what I'm here for." I just wanted to make sure that this was something that required a conditional use permit under the current zoning, because it is a recreational facility of an outdoor nature and it requires a use permit. Dee Oliver: Well, I'm just not even quite sure why we're listening to them. David Weiner: Oh. They have the right to speak. Dee Oliver: No. David Weiner: They do. Billy Garrington: 5 I agree. Dee Oliver: Okay. All right. I'm with you. George Alcaraz: Mr. Chairman, So I grew up in this neighborhood and I'm from there in WW, Windsor Woods and in the days it was a skate half pipe and all that. We did it in the Woods until it was developed, but I can see how this just went too far. Billy Garrington: But if somebody gets hurt on there, the owner of that property is going to have a liability issue. George Alcaraz: I don't understand why it got that far. Billy Garrington: Okay. All right. David Weiner: Let's listen to the speakers and we'll come back. Whitney Graham: I also skateboarded back in Windsor Woods. Everybody did, so anyway, but this is something different. Billy Garrington: I thank you, Mr. Chairman. David Weiner: Thank you. Robyn Klein: I had a question. David Weiner: Sorry, Robyn. 6 Robyn Klein: Sorry. All right. While I don't condone the trespassing, I'm really turned off by your attitude on behalf of the applicant regarding this issue and among the letters of opposition, were just the fact that Winners has not been a good neighbor to the residential housing that's been right there. They've been parking illegally in the right of way, they've been loading and unloading, there's trash everywhere, there's lights pointed in the wrong direction. Forget about the trespassing part. They're not treating the people who are allowed to be there with respect. Billy Garrington: Okay. And the one facility, that is there now, is one that was already built when they obtained ownership of it. If you look at the conditions that are placed upon this one, there are conditions to make sure that none of that takes place. All the lighting has to be inward, all the landscaping. I'm not saying that there's a perfect situation out there, because there isn't. But all I'm saying is that this is a good use for this piece of property. Robyn Klein: But your client utilizes that property that's currently developed. Billy Garrington: Currently developed or currently undeveloped. Robyn Klein: Is it Checkered Flag? Billy Garrington: Yes, ma'am. Robyn Klein: Okay. So Checkered Flag uses that site and doesn't take good care of it, so even if they build this beautiful facility, why should I believe that will take any better care than the property that they already have? Billy Garrington: Ma'am, if you drive around the City of Virginia Beach and look at every one of their facilities, don't just look at the one that you're talking about here. Go look at all the other ones. Look at their Jaguar, look at their Land Rover, look at their BMW. Look at all of them. Everyone of them are very well maintained. 7 Robyn Klein: Right. But those are also on Virginia Beach Boulevard. They don't back up to residences. Billy Garrington: All right. And whatever it is that you say is not taking place here and I will be willing to tell you that when I see Mr. Snyder on Friday morning, I will bring what you said to me to his attention and I think that he will give it his attention. Robyn Klein: I believe that you will. I don't believe that he will take it seriously, but that is my opinion. Billy Garrington: Ma'am, I think he will take it seriously. Robyn Klein: Okay. Billy Garrington: He's a resident. He's a lifelong resident and believe me, I think that if I tell him what you said, I think it will resonate with him. Robyn Klein: So why is he not currently invested in what's going on in the property? Billy Garrington: Ma'am, that's a good question. He's got a lot of dealerships and a lot going on, but I will make sure that what you said gets straight to his attention. Robyn Klein: Okay. Jack Wall: Can I... I do have a question, Mr. Garrington. So it's obviously car sales. Is it connected to the adjacent car sales? Billy Garrington: No, sir. 8 Jack Wall: So it's completely independent for selling vehicles, but that's out of the way. Sentara Way, it's a dead end street. You're not really visible from anywhere. Usually you see in car sales, they're in heavily trafficked roadways. So my question is why is it so tucked away, that no one can see it? Sentara Way's going to be... It's a terminal end. At this point, there's no plans to connect Sentara way to Butternut Lane, on the other side of the interstate. And what I'm getting at is to preserve the viewshed, it's not necessarily to preserve the viewshed, but there are no plans to request or declare the trees between the property and the interstate. Billy Garrington: No, sir. Jack Wall: So why? Billy Garrington: Have you driven down the Boulevard lately and looked at how developed it is? Jack Wall: It's not the Boulevard. It's just Sentara Way. David Redmond: What you're saying is are there any alternatives sites? Jack Wall: No, not necessarily alternative sites. I just want to make sure that tree stand's going to be preserved. Billy Garrington: And that's on the BMP and that will be taken care of in the site plan review. And again, you're talking about a Genesis product here. You're talking about something that you could put it on Holland Road if you wanted to and the people are going to find where the dealership is at. It's like Tesla. And I don't mean to sit here and give any other brand any more verification than they need, but the people, when you build it, they will know where it's at. Jack Wall: They'll know where it's at. Okay. Okay. All right. 9 David Weiner: Let's listen to the speakers and we'll go back to you, Mr. Garrington. Thank you. Madam Clerk: Mr. Chair,we have three speakers in total. Peter Burning,followed by Bill Brazier and then Connor Clifton. David Weiner: Welcome, sir. Peter Burning: Good afternoon. My name for the record's Peter Burning. I am speaking in opposition to this plan. I'm not part of the wooded recreational area. I've lived across the street from this dealership for about 20 years and I have two good reasons I think why you should vote against this permit. Firstly, the staff report recommends approval. It doesn't really tell you the whole story. The adjacent properties include my neighborhood, Windsor Woods, as well as the Rosemont Nursing Home, no longer owned by Sentara. The removal of these three acres of mature woodland will open a new noise vector, straight from the interstate into our neighborhood, as well as the nursing home. The submitted plan has no noise abatement measures and the staff report doesn't take any of these impacts into account. At the very least, they should conduct a more thorough study before resubmitting the request. The lighting levels expected from this expansion will make light intrusion into our neighborhood worse. Peter Burning: High ceilings. The full glass windows will just direct unshielded lighting directly into the backs of our homes and into our bedrooms. The ceiling heights effectively allow them to get around the 14 foot lighting fixture limitation on the outdoor lighting.These lights will shine directly into our homes. The plan doesn't provide for any off-street loading and unloading areas. The Checkered Flag dealership next door uses the street to offload the car carriers, all hours, day and night. And Checkered Flag is a known poor neighbor. They're noisy, they create more litter and the lighting just is very annoying in our neighborhood. They've even created their own no parking zone. They installed their own no parking sign to create a loading zone there on Sentara Way. Peter Burning: The current light fixtures they use exceed code limits and shine directly into our homes, especially when the leaves come down in the fall. Dealership employees use Sentara Way for their parking, leaving lots of personal and dealership litter there on the street and they even sometimes store dealership vehicles on the public right of way. So I think the Commission disprove this request, if not delay for another time. The bottom line is that none of you would want to live next to a Checkered Flag dealership like we have for the last 20 years and don't think they should be 10 allowed to expand, until they can prove that they can be a good neighbor. Thank you. And pending any questions that might come up. Yes? Robyn Klein: Before the Checkered Flag, was it Driver's World- Peter Burning: Yes. Robyn Klein: ... in there? And that was owned by someone different? Peter Burning: I think it's owned by the same. Robyn Klein: Is it? Have you noticed any difference? Peter Burning: No change at all. Robyn Klein: No change? Peter Burning: Actually, it's gotten worse. They changed out light fixtures from regular incandescent bulbs into the bright LED. There's no shielding, the light shines straight into our homes every night. Robyn Klein: Really? Peter Burning: Yeah. Robyn Klein: Thank you. 11 Peter Burning: Yeah. So I think any investigation that was done by the staff is probably done during the daytime, so you can't get a complete picture till you come there at night, as well as noise. I recommend a Friday or Saturday night when the interstate traffic is at it's worst. David Weiner: Okay. Thank you. Peter Burning: Yes, sir? Jack Wall: So where do you live? Do you live on Presidential Boulevard? Peter Burning: Presidential Boulevard. Jack Wall: Presidential Boulevard. Peter Burning: Right across the street, 104. Dee Oliver: There's a pointer right there, if you... David Weiner: All right. Any more questions? Peter Burning: Thank you, sir. David Weiner: Yes. Thanks. Madam Clerk: 12 Bill Brazier, followed by Connor Clifton. Bill Brazier: Good afternoon. Thank you for allowing me the chance to be here and speak our concerns. My name is Bill Brazier. We are here today with the utmost respect for the property owner, the interested parties in the community surrounding this parcel. We're a group of Virginia Beach natives who love this city and want to stay here. We are a part of a community of bicycle enthusiasts. We regularly enjoy the skate parks that the city has graced with in the past decade. Thank you for your support in that and we hope that your understanding of a need for that in our community, will allow you to consider understanding a need for this place to remain as it is in our community, to continue. Bill Brazier: We're a particular part of cycling enthusiasts known as BMX enthusiasts, who take part in designing, building and riding dirt jumps, or as we call them, trails. The property at 3736 Sentara Way has been home to a set of BMX trails for at least 20 years, just to my knowledge. Maybe even longer. Bill Brazier: There have been different groups of riders creating trails at this location over the years, not all of which we are familiar with. In 2016, these trails began to be rebuilt and have since created a strong community of peers that promotes friendship, kindness and a brotherhood, sisterhood that is not found at the skate park. Above all else,these trails take hard work and dedication, requiring long hours of hard labor. Every time these trails are ridden, there is time spent preparing and dialing and the work never ends. It is a labor of love. We have spent years dedicating our time to building and refining these trails and have reaped the rewards of seeing other riders come out and enjoy the spot. Countless smiles, hoots and hollers. Friendships created have shown us that all of our hard work is well worth it. And that these efforts are about much more than our enjoyment. Hard work has proven to be about creating a place for younger riders to find hope and then avenue to pursue a passion outside of team sports or the skate park. Bill Brazier: Our community has tripled in size in the past three years. We have seen riders from across the country, international professionals, as well as our hometown BMX Olympian all ride at these trails. Bill Brazier: We have been motivated by the intense amount of gratitude and appreciation shown by every rider that enters these woods. When a young rider has helped us to create an obstacle that they have fun riding, it is an entirely different level of accomplishment than clearing the same obstacle at the skate park. 13 Bill Brazier: Needless to say, we are somewhat heartbroken to see that this hearing is to determine whether this parcel will remain as it is or become yet another auto dealership. Do you guys know off the top of your head how many dealerships we have in Virginia Beach? It's got to be like a hundred or something, right? It's a lot. Bill Brazier: Please know that we are also humbly aware of the fact that this is private property and we are really the public here pleading our concern. If this parcel can remain as it is, then it will continue to produce smiles, be a place to forge friendships, make memories and inspire the youth. Bill Brazier: The place is also a vibrant area with green area within the city, and is host to abundant wildlife, including yes, Redhawks.We absolutely cherish the space and would love to see it go. But again, we are understanding of our limited position in this situation. If there may be any way the trails can remain, it would be endlessly indebted to your assistance and graciousness. I appreciate your time. David Weiner: Thank you, sir. Any questions? Oliver: I do. David Weiner: Okay. Oliver: Mr. Brazen, and as much as I appreciate the recreation that you all are using on this piece of property. You do understand one thing. It doesn't belong to you. You need more than my children coming onto your piece of property and setting up whatever recreation they would like to do. Bill Brazier: Absolutely. Oliver: It's not yours to use nor is it anybody else's. It's illegal and it's against the law and bottom line. That's what it is. If you all would, and I'm not saying you shouldn't have some sort of park like that, 14 then I suggest if you've put as much hard work and dedication into building this park, which all these men evidently think are great. Oliver: Which I'm sure I would, if I did that myself, but it's not a sport I'm going to take on. Then I suggest you purchase a piece of property, go through the proper channels, get it zoned and build a park. It's not saying you can't, you just can't do it here. Bill Brazier: Absolutely. And I totally understand. Oliver: And truly this is, I understand that you would love to have this piece of property. I'm just so disappointed that you all are doing this illegally. Regardless of whether this is a 7-11 or another park or a preschool or whatever this piece of property is developed into. You don't have the right to do this. And as a citizen of this city, you should be very proud of it and uphold these laws. Bill Brazier: Absolutely. And I come here with the outmost respect. Oliver: Do your parents know you're doing this? Bill Brazier: Absolutely. I do want to be clear that I've never seen a no trespassing sign on this property. And these were not created by us. These have been here long before us. Oliver: Because, and I'm having a real problem with this Bill Brazier: I'm 31 years old,l have a son now and I actually am a property owner in Chesapeake as well. Robyn Klein: How are they supposed to know? Oliver: Because they don't own the property. That's how they're supposed to know. 15 Robyn Klein: But how do they know it's not public like city? Dee Oliver: Oh, he's 31 years old come on. Robyn Klein: I wouldn't, I don't know that every- David Weiner: Hey, hey, hey come on! Let's go, let's go. Dee Oliver: I'm not going back into that. Bill Brazier: No, I absolutely understand your concerns. And I appreciate you listening to us today. Oliver: I would suggest that you all go in and find a piece of property and do it. Bill Brazier: And that we are absolutely planning on attempting to do that. I'm a property owner now in Chesapeake. And I do intend to do that one day. I fully respect the laws and understand the frustrations that some may feel about this. David Weiner: Thank you for your comments. I do appreciate it. George Alcaraz: I want to say. Well, Mr. Grays, and I'd like to get with you, because I'd like to advocate to find a place for you. Okay? Dee Oliver: There you go. Bill Brazier: 16 Absolutely. Thank you so much. I appreciate it. David Weiner: Okay Thank you sir. Bill Brazier: Thank you for your time. David Weiner: Next speaker. Madam Clerk: Our final speaker is Connor Clifton. David Weiner: Connor. You sure you want to come up here? Connor Clifton: Yeah, I'm fine. David Weiner: I'm just messing. Connor Clifton: I'm the reason why this place is here, man. David Weiner: I'm just messing with you. Connor Clifton: I mean, I'm the reason why this place is here man. I have a key. You are not allowed to ride this place unless I am there. Oliver: Which is not yours. Connor Clifton: 17 I know that. We have nowhere else to go. We got ran out of Ipswitch in Chesapeake. They told us we weren't allowed to dig. We weren't allowed to have what we wanted to have there. We got ran out, man. I am my only child. My father passed away in 2009. Connor Clifton: I have been hanging out in these woods since 2004. My mom has been dropping me off in these woods to hang out. I've never seen this person. I've never seen Runneymede. I've never seen anybody from Hyundai, Car World, Drivers World. I've never seen any of these people. There's never been a no trespassing sign. Connor Clifton: I have literally up until this we've really had no idea what was going on with the property. Nobody shows up, we take care of it. We have trash cans there that are chained to trees. We take care of the street. The neighbors that are here with us. Connor Clifton: In support of us. It's a very touchy subject, man, because it's all my work. If these guys come ride it and yes they do help. But I'm the one that is there in the rain, the snow year round taking care of this property. I mean it's not mine. And so what's the reason it's for this right here. There is humanity and people have a heart. Oliver: I'm not saying you don't have a heart and I'm not saying that you- Connor Clifton: I know I have a heart. Oliver: We all do. And we are compassionate and we are sympathetic to your desire to have some place to go and to do this. Again, it's not your piece of property. Connor Clifton: I understand that. You all have property that runs across the back and so does somebody else. The whole beginning of this whole meeting was about storm water drainage. That runs right down the back of this property. David Weiner: Hold on a second. Listen, what it boils down to is there was no trespassing signs there. Nobody ever kicked you out. Okay. So I understand where you're coming from. 18 Connor Clifton: Yeah. There's never been nobody that told us to not be there- David Weiner: But unfortunately it's time to develop it. Okay? Nobody can do anything about that. You don't own the property. So it has to go. Connor Clifton: Okay. That's why we're here, but just trying to get some closure. David Weiner: Okay. That's fine. Connor Clifton: I always knew this day would come. David Weiner: I feel sorry for you. I really do because you're out there in the- Connor Clifton: I mean, we don't have money, like car dealerships to buy property dude, I make $20 an hour. These guys all make 20 hours an hour, man. What we got to do? Work the rest 20 years of our lives when we're 45, 50 years old. And then we can buy piece the property to do this. David Weiner: Understand- Connor Clifton: ... You know what I mean? Like that's kind of a fucking joke. Dee Oliver: Whoa! Connor Clifton: I'm sorry. Oliver: 19 Whoa! All right. David Weiner: Easy, easy. All right, we had enough. Thank you very much. Have a good day. Okay You sure want to come up here Mr. Garrington? Billy Garrington: I want to answer one question the business client had. When it was Driver's World that was not built by the Snyders. They were acquired that later on. So, that's a dealership that was built many years before that they have acquired. This plan will go through site plan review. We will look at the light fixtures to make sure that they're low enough, that they're not lighting up the adjoining properties. We will look at any way we can to make sure that there's no on street offloading of the vehicles.When they come in there, we can take a look at all that. But some of the things that's taking place at the old one, that horse is out of the barn. Robyn Klein: Right. When you move into property. Billy Garrington: That's right but I want to make sure, and I will make sure that Mr. Snyder hears exactly what you had to say about being a good neighbor, because it is about being a good neighbor. It's about them being a good neighbor and about us being a good neighbor. But when you are on somebody else's property and you don't have permission to do so that's bad. So there are 11 conditions in the staff write up we're in total agreement with all 11 other conditions. We're here today to ask for your approval. David Weier: Any questions, Mr. Redmond? Mr. Redmond: Couple of things. For first off, I'd like to just have everybody focus on the application. David Weier: Exactly. Mr. Redmond: Okay. Let's talk about the application. I will say one thing, the gentleman who spoke first, who was a neighbor, I thought made some very challenging questions. And I don't accept that, well, that's a different reason property and this is property it's this is the applicant who he says is 20 causing a disturbance in a number of ways that I think I hope anyway, Ms. Smith and the rest of the staff are here. That we're going to look into. I'm half inclined to want to defer this application based on what he said. So I do not accept Mr. Garrington that, "Oh, that's a different one. This is a new one. So it's all said and done." It doesn't work that way in my view. So, I do think those are issues that have to be addressed. Mr. Redmond: Now to the gentleman who I can't find where you are, but to the gentleman who spoke, who is the neighbor this does have the requisite conditions that say lighting has to be shielded and pointed down and all of those sorts of things, but all that stuff doesn't work if you actually follow it. Mr. Redmond: Right. I think those are very legitimate concerns and they apply to this application, not to something that is in the past, because this is the performance, and the behavior of the application on an adjacent property. And that to me is quite relevant. So I'd like to see that there's some attention made to that and perhaps greater than just saying I've got a meeting on Friday. Billy Garrington: Well. The only thing I can do is that's the next time I will be in touch with him and I'm going to make sure that all of these issues get brought to his attention. Mr. Coston: Mr. Redmond, I somewhat agree with you, but I expected the gentleman when he told me where he lived. I expected his house to be on the street, his backyard to be on that street there. And he's on the other side of the street with a whole row of houses between himself and the property that we're talking about. David Weiner: Any other questions? Thank you, Mr. Garrington. Going to close this and open it up, and is this the beach area, George? Jack Wall: No it's Rose Hall. David Weiner: Right. Beach goes up so far can't tell where it goes. Okay Jack, it's you? Mr. Jack Wall: 21 Well, first of all, it's more about does it meet the requirements of the Comprehensive Plan? This is not a rezoning. It is a Conditional Use Permit for an Automobile Sales facility. In terms of Rosemont Strategic Growth Area, they're just a layout. It's not an office development that potentially was what was intended and in the Rosemont Strategic Growth Area plan, but it's similar. Mr. Jack Wall: The parking is similar, it's got a central structure that would be some similar to what would've been there otherwise. I feel that it generally meets the intent of the Strategic Growth Area. Future plans for a flyover are there, but there's nothing concrete and nothing set for flyover and connection of Sentara Way to Butternut Lane at this point. Mr. Jack Wall: Fears that they can't touch the buffer of trees between the interstate and the property that will hopefully help mitigate the noise vector, as mentioned by the first person who spoke on the lights. David Redmond mentioned that per the guidance that they should be shielded downward and not reflect into the neighborhood, it is a beau colic setting back there, there's a lot of material landscaping, which will remain a berm, which will be in place landscaping, hopefully similar to what's there for the Checkered Flag car facility which will be installed. So I support it. It's sad to see a community amenity, whether it's legal or illegal. It is a vibrant green area, which, you really can't have enough of, but yep. Michael A Inman: I'm making a motion to approve the application. This, it has lots of this conditions are, are loaded pretty well with restrictions on noise, visibility, aesthetics for an auto dealership. But when they comply with all those conditions in the normal fashion, that Checker Fag usually takes care of things, I think it will be fine. And it is zone B2 by the way. So it's zone for business and I think this works. Mr. Redmond: Second. I would like to mention one thing, because somebody raised it earlier and that was why would you have this parcel as opposed to being up on the Boulevard because it's adjacent to a dealership that this ownership owns. So it certainly makes sense for them to have a consolidated larger campus of that kind of thing. Not everything has to be up on Virginia Beach Boulevard necessarily to be successful. That's the point. David Weiner: We have a motion by Mr. Inman for approval, second by Mr. Redmond- Mrs. Klein: 22 Wait comment. Robyn Klein: Oh, I'm sorry. Didn't see you. Mrs. Klein: So I don't intend on supporting the application, but I would ask that there be a condition added that clearly articulates that loading and unloading and of vehicles in the public right of way is prohibited. So that then if the neighbors see that happening, they can then call the Zoning Office. David Weiner: We good?We good? Did we catch that? Carolyn Smith: Yes, sir. Thank you. David Weiner: We're good. Okay. So approval by Mr. Inman second by Mr. Redmond and Modify Condition by Mrs. Klein. Madam Clerk: Okay. Vote is open. By recorded vote of nine in favor and one against agenda item number nine has been recommended for approval with conditions as added. AYE 9 NAY 1 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley ABSENT Inman AYE Klein NAY Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. When the property is developed, it shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis at Sentara Way", dated 23 September 30, 2021, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Prior to Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval. The Landscape Plan shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis at Sentara Way", dated September 30, 2021, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Landscape plantings shall be maintained for the duration of the use and shall be subject to the review and approval of the Development and Service Center. 3. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 4. All vehicles for sale or rental shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 1 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 5. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 7. There shall be no outside audio speakers for any purpose. 8. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs,or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 9. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 10. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. 11. No motor vehicle shall be displayed for sale or rental within the first five (5)feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 12. The loading and unloading of vehicles within the rights-of-way shall be prohibited. 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 24 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. 25 Hoa N. Dao From: Connor Clifton <kroncon8291@gmail.com> Sent: Tuesday, November 9, 2021 7:32 AM To: Hoa N. Dao Subject: In regards to 3736Sentra way CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, The set of woods have been built into a community of dirt art work...we take care of the woods and would like them to stay as is... Sorry such a short email I have a lot mentally invested in the property. One question have you seen what is back their? https://chng.it/4gBxRtkwtv https://chng.it/nXPKwFVccn https://youtu.be/ 2584V-osbU Instagram. @thrashmorewoods @attherealthrashmore @colinmckaybmx @vans66bmx @jason.hamm.121 @tj_butler757 @shreddycougar We are just a few of the many that take care of the woods And there's the family of hawks,woodpeckers, and all the other animals that inhabit the woods Have very recent footage of them The hawks have a nest there in the woods and have have babies the past few years #savethewoods #hawksnest #byclemotocross 1 Connor Clifton 7575448086 Contact me Mabe you should met and see what is back there before it gets turned into a parking lot Thanks 2 Hoa N. Dao From: gamermanguy757 <gamermanguy757@gmail.com> Sent: Monday, November 8, 2021 9:22 PM To: Hoa N. Dao Subject: VB bike dirt trails 'thrashmore' 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. These trails are a great community for people of all ages. Please leave the land untouched. The community will appreciate it more than an ugly parking lot. Thank you Sent from my Verizon,Samsung Galaxy smartphone 1 To: City of Virginia Beach Planning Commission From: Peter R. Berning, 104 Presidential Blvd.,Virginia Beach,VA, 23452 (Windsor Woods) Date: November 9, 2021 Subject: Conditional Use Permit (Motor Vehicle Sales &Service)for Winner's Properties, LLC. 1 request the Planning Commission accept the following information before deciding on the Conditional Use Permit(Motor Vehicle Sales &Service)for Winner's Properties, LLC. Below are two reasons the Planning Commission should vote to DISAPPROVE this proposal. 0 The Staff Report Insufficiently Describes Impacts To Adjacent Properties The staff report in support of the applicant's proposal insufficiently describes the impacts on the adjacent properties that include a residential neighborhood (Windsor Woods) and nursing home (Rosemont Health and Rehab). Specifically: 1. Noise Levels: a. The report does not mention the impact of increased traffic noise from the adjacent highway when 3 acres of mature trees are removed from the property and replaced with hard and reflective surfaces(pavement, buildings,etc.). b. This proposal provides no noise abatement measures to make up for the loss of the trees and buffer zone. c. The dilapidated and falling sound barrier(6ft wood fencing)along the south side of 1-264 ends just to the west of this property and the sound mitigation of the wooded area will be lost without any planned replacement. (Fig. 1&2) 2. Lighting Levels: a. The modern design of the planned structure will increase light pollution. b. Two-story,floor to ceiling windows with bright LED ceiling lights will shine directly into adjacent properties and homes. The height of the ceilings will exceed the height of allowed for outdoor light fixtures(14 ft). 3. Loading Zone: a. The proposal does not provide for a vehicle carrier loading and unloading zone. b. The dealership currently uses the public right of way for these operations in an area marked with NO PARKING signage(likely dealership installed). (Fig. 8&9) I recommend that the Planning Commission staff conduct further investigation into the impacts of this proposal to include noise surveys, lighting designs, code compliance, and site visits during nighttime and during vehicle loading and unloading operations. Until this is complete, I do not see how the Commission can make a fully informed decision to approve. 1 0 Checkered Flag Is A Bad Neighbor You Wouldn't Want To Live Next Door Checkered Flag Hyundai is not a good neighbor. Living near this dealership(and its predecessor—Driver's World)for over 20 years,the homeowners on Presidential Blvd must deal with the following issues on a continuing basis: 1. Loading Operations: a. Occurs on a public street at all hours of day and night. It appears that the dealership put up their own NO PARKING sign on Sentara Way to create a de facto loading zone for their private use. This sign is missing the city sticker on the back(all the other signs on Sentara Way have this sticker). (Fig. 8&9) 2. Outdoor Lighting: a. Lighting is not shielded to direct light and glare onto their own premises. The homes on the other side of Sentara Way receive a lot of direct lighting and glare. All their lighting fixtures exceed the code limits of fourteen (14)feet. Their current lighting was originally"grandfathered" but has recently been replaced with brighter LED lights above the code height limitations. (Fig. 3,4, &5) b. Lighting issues worsen in winter months after trees lose their leaves. 3. General Noise Levels: a. Open maintenance bays pointed at the neighborhood where we can often hear industrial work being done on vehicles including the operating of air guns and other equipment. b. In April of 2018,the dealership was expanding their buildings and repeated violated the noise ordinance by producing construction noise during evening hours past 10:30 pm. The city had to send an inspector to the dealership to remind them to not create noise outside of the approved time frames (7 pm to 9 pm). Emails exchanged with Nancy Bloom (Assistant to the City Manager). c. Car wash blowers located on the neighborhood side of the building. Vehicles exiting the wash are blown dry. The noise of the blowers is outdoors and pointed at the adjacent properties. a. Alarms and external speaker systems are a constant nuisance day and night. 4. Litter and Employee Parking: a. Dealership vehicles are often stored on Sentara Way . (Fig. 6) b. Dealership employees park on Sentara Way and often litter. (Fig. 7) I recommend that the Planning Commission staff conduct disapprove the proposal until Checkered Flag can demonstrate on a consistent basis that they are committed to being good neighbors to the residents of Windsor Woods and the Rosemont Health and Rehab center while adhering to city ordinances. 2 Figures { .ff '. Wooded area ;' F a s ': ` '"!`4 -„�*... a`^e< ►% • to be removed � ',: ;. � .-- Exs�^gsJb-sta�dgd s "�' }'a; 14 /I. -� tW i T� . S ms `4Tt•if \i�/.J +Lam%,j T 1A. N y1 S Figure 1 Length of highway"sound barrier"(no barrier to the east of this line) ,14k,‘ ,* ;.` tit . if.. ••1 . - .. 0- ... _ . a . 1 4 Figure 2 Eastern end of outdated"sound barrier"1-264 looking south toward Windsor Woods This "sound barrier" is dilapidated and falling down in some sections. It and the single line of trees provides little to no noise abatement for Windsor Woods residents. The city should consider installing adequate abatement structures here and in proximity to the proposed expansion. Removing the wooded area will open a noise vector directly into a residential area. This section of 1-264 is a known straight where some drivers use excessive speed and noise generating vehicles to race and violate noise ordinances (appears to be minimal law enforcement in this area). 3 ' 'a> 1,-' __ lift> r . + __Lc _ Figure 3-Unshielded outdoor lighting as seen from across Sentara Way-08 November 2021 A . . „ r - _ .......:;, ., i --,ytilt- ., ,4,,,,,,, , ,„ - - . Previous light kit., e fixtures (2018) e i s tea ' _ Yam' v r Figure 4 Newly installed unshielded outdoor LED lighting—08-09 November 2021 4 I 40 • ,..,...t,,,,,,: ;I:1-'1'' .'4.:',,, , ..„ ...',,,- a 9. Figure 5 Glare from Dealership crossing Sentara Way-08 November 2021 A ta' 4..ter.__, �^.�,;: _• \ -',....`....„ g Figure 6 Dealership Vehicle stored on Sentara Way-09 November 2021 5 _,. , . . c�i:fr ":.�#ram r N1 (jAy_ - +� Figure 7 Checkered Flag Litter on Sentara Way-November 2018 ° , F '` sass • r 'a#+ . `: ~ `J_ , yr ' / ai . _ _. I 1', . Figure 8 Loading Zone Created with NO PARKING signage(possibly installed by dealership)—09 November 2021 6 j +S�"4 t i • fifila' „ , Figure 9(L)Loading zone sign without city sticker,(R)another sign with city sticker fill 4111) - - a 7 1 it Figure 10 Light fixtures pointed away from dealership and onto highway-09 November 2021 7 L9 PETITION To the Virginia Beach Planning Commission We, the undersigned residents of the Presidential Blvd and Bentley Gate Way in Windsor Forest petition the VB Planning Commission and ask that (Conditional Use Permit be denied for car sales dealership and service facility for Winner's Properties, LLC(Applicant) and The Runnymeade Corporation (Property Owner). Address:3736 Sentara Way GPIN(s): 1487428775 Council District: Beach Accela Record:2021-PCCC-oo220 The residents of Windsor Forest do not want any more commercial development adjacent to our neighborhood. The wooded lot benefits our neighborhood in many ways such as: 1. Serves as a noise buffer from I-264 2. The woods naturally reduce rainwater runoff into drainage canals 3. The wildlife (raptors and foxes) living in the woods provided natural rodent mitigation in the surrounding area 4. Bird sanctuary for several species 5. The natural beauty of the woods provides curb appeal as you enter our cul-de-sacs Developing this land will: 1. Decrease the value of our homes 2. Increase noise from the car repair facility and I-264 3. Increase light pollution 4. Increase traffic on Rosemont Road 5. Reduce the tree canopy of Virginia Beach, which is in direct conflict with VB City Council's goal of increasing tree canopy to 45% (referencing TreeTopia event at Mount Trashmore) 6. Increase noise at Rosemont Health and Rehabilitation facility next door to the proposed site The contact persons for this petition are: Bogdan Terlecki 125 Presidential Blvd 757-615-4034 Francisco Rodriguez 128 Presidential Blvd 757-291-4874 NAME j ADDRESS ; PHONE ' RESIDENT SIGNATURE ' l NUMBER 1 p\t) - 137 1Wt, iA 73-7-'71 f• / //, 2 -r e ----t— • A t 41 pre,i Its, 1104-c" ''.7 3 Wei/grAcect x 75 l- 1../i1, V - 4 '3724 Sehf1. 151-401-3132 464241 G att Wwy ,/ — 51 3716 a�+1l 'free� , /1 `Y 767 510-0157 V (2/46,9 . ls+lN- / R•nArd f 6 Glom) 1A9 s' 70.75=-L9A7 I. 1,/�'`,� '1 'ti 7 A)/i bal al.let .ctt f/a, I 75 5- 3-93gz ✓ WaC 4. /-A'r •- 11/d Cir1 ,3(v ��Lg b l� 9 M1" U6 r.,..s:otaw Q "747 5i7 filbeA-r Stoma 5-6411 10 )12 P re"1.s1--1 v/ -r124? ila<CIOCI 1 I ?vet, 04 ellOCI L )b-)y! 71----7 --.. - . _.ilitikilAK1 1 NAME T ADDRESS 1 PHONE ' RESIDENT SIGNATURE NUMBER S-Ff I b '�3t..11 D stoeI 757•575-f 314 ••/ /1.�, 4�-� 11♦ucA+ 13 sz 3 szA%41 a-_, 14 I4 `' 37/1 r& 57 15 •e/C4 3709 7s7 - .d7 ,0,9) ' C /14149Al C3 E'`I - 6 Y '93/ a41 6 AG9y'; O6r‘ 16 baibedok ! 19 S. Qreadex►1Id '1v_Itol 17 riaaGra% (2V fres ti( 7i � assu { .� d Ale? 71t) Y IS gektkor ms Pre s)a tz 7s,.dj5 19 20 - - _. 21 22 23 1 I N / imc,, z m ��. a, ` r / 0 Pennsylvania-Avenue _ o o; f L rg-), / —, ELE c, 0 m o ., f H a) o i / I - (-- _ anu Ay /Cosier ; °', EL) 05 CO >„ C> > J Q N_ _ J i , p i Pee / 4 �' I3,, / 1- � til u N 2 m / 44. nJ o 0) c c 92 o o 5 (n N m z, (fiCH*4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MITCHBTATTOOS, LLC DBA GREYSCALE TATTOO GALLERY/MITCHELL ANTHONY BAER [Applicant] SOUTHERN STAR COMMONS, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 265 Jersey Avenue, Suite 106 (GPIN 146785627). COUNCIL DISTRICT 4, formerly Bayside MEETING DATE: February 15, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor. The operation will occur within an existing 1,780 square foot unit in a shopping center along Jersey Avenue. Tattooing services will occur by appointment only. Exterior changes to the building are limited to updating sign plates on existing signs. • Considerations: The proposed Conditional Use Permit is acceptable given its compatibility with the adjacent land uses and the Comprehensive Plan's goals for the Pembroke Strategic Growth Area. The tattoo parlor use helps strengthen diversity of small businesses in this area, which is one of the major goals of the Pembroke Strategic Growth Area. The minimum parking for the shopping center is met on site and the use will not generate an extensive amount of additional traffic as tattooing services will be almost entirely by appointment only. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On January 12, 2022, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10 to 0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. MitchBTattoos, LLC dba Greyscale Tattoo Gallery Page 2 of 2 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant MitchBTattoos, LLC dba Greyscale Tattoo Agenda Item Gallery/nay Mitchell Anthony Baer ili Property Owner Southern Star Commons, LLC Cityof Planning Commission Public Hearing 1anUary 12, 2022 Virginia Beach City Council Election District Bayside Request Conditional Use Permit(Tattoo Parlor) Staff Recommendation r Approval ,:1 f % as w,aw,D Staff Planner =d $ Elizabeth Nowak y+ Location - g i 265 Jersey Avenue,Suite 1064111 GPIN ##s` 146785627 s Site Size ' o ; . --0levelaW6' 29,520 square feet d --- - Southern Boulevard^._ AICUZ Less than 65 dB DNL Yrp-Aek_ 8 Watershed fir. VN / 4 Chesapeake Bay Existing Land Use and Zoning District Shopping Center/B-2 Community Business Surrounding Land Uses and Zoning Districts North , Virginia Beach Boulevard �:4�� Retail/B-2 Community Business ! ;�. South w b , ,. Office,warehouse/B-2 Community Business, I .� p 1 Light Industrial l •' t - I.h `, i ' East � > `�� , }av TE Lim ,d ' Auto sales &service /B-2 Community Business y v > West • , ..— �� ta_ M!F m North Witchduck Road ‘`\ v Retail,apartments,adult learning center /B-2 a. Admiral wr�yht Road G r, rr.. . Community Business,A-24 Apartment, I-1 Light Industrial ► - r I, _ . MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 1 Background & Summary of Proposal • The applicant is requesting to operate a Tattoo Parlor within an existing 1,789 square-foot unit in a shopping center along Witchduck Road.The property is zoned B-2 Community Business and is located within the Pembroke Strategic Growth Area. • Three tattoo artists will operate in the space. • The typical hours of operations are proposed as follows: o 10:00 a.m.to 6:00 p.m. on Monday for consultations only. o 10:00 a.m.to 6:00 p.m. on Tuesday for consultations only. o By appointment only,Wednesday through Sunday. • Each artist will work with one client per session for a total of three patrons at any one time. • The only exterior changes that are proposed relate to signage.The applicant proposes modification of two existing wall-mounted internally-illuminated box signs (one on the west and and one on the east elevations)and the addition of the business to the existing sign plates on a free-standing sign for the shopping center. Only the sign plates will be modified from "FOR LEASE"to the proposed business's sign face.The applicant also proposes modifying a square, non-illuminated wall sign on the east elevation near the entry door to the business from a "FOR LEASE"sign to one that includes the buisness's name and suite number. • There are presently 30 parking spaces available for the shopping center.The current number of parking spaces is less than the 56 that would be required by the Zoning Ordinance; however, in 2015,the City of Virginia Beach and the owner of the subject property,Southern Star Commons, LLC,entered into an acquisition agreement as part of a taking by the City to accomplish improvements to Witchduck Road. Clause No. 22 of the agreement acknowledges that the Landowner and the City agree that the subject property will have diminished number of parking spaces as a result of the improvement project and establishes that the current floor area size and uses of the property are grandfathered as legal, non-conforming and will continue to be treated as such. • There are no tattoo parlors within 600 feet of this operation. MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 2 Zoning History # Request 1 MODC(Modification of CUP granted 10/07/2014) Approved 10/04/2020 MODC(Modification of CUP granted 06/25/2013) Approved 10/07/2014 CUP(Indoor Recreation Facility)Approved 06/25/2013 CUP(Motor Vehicle Sales and Service)Approved 02/23/2010 CUP(Motor Vehicle Repair Facility)Approved t '- "C r 08/12/2008 �, az 2 CUP(Bulk Storage Yard and Truck&Trailer Rentals) Approved 03/07/2021 i i , 9' ey�� 3 STC Approved 06/22/2004 111%, 4 D !3 a r,, STC Approved 06/12/2001 / A STC Approved 03/14/2000 7 // CUP(Automobile Sales and Service)Approved % r `/� �. 10/13/1999 45 �`�� € = 4 MODC Motor Vehicle Sales and STC Approved $ ; * 09/06/2017 / 1 V---'s 1 t diSTC Approved 06/23/2009 CUP(Motor Vehicle Sales/Rentals)Approved ri--2 12/02/2008 n k 4 = I 3l STC Approved 05/23/2006 s ti rr �� 5 CRZ(B1 to Conditional A-24)Approved 02/07/2018 / 3 I fr t 6 CUP(Motor Vehicle Repair Garage)Approved 11/12/2013 7 CUP(Motor Vehicle Sales and Service)Approved 06/09/1992 8 CUP(Motor Vehicle Repair)Approved 03/17/2015 9 CUP(Telecommunications Tower)Approved 02/01/2000 10 CUP(Expansion of Motor Vehicle Sales)Approved 12/05/2006 CRZ(I-1 to Conditional B-2)Approved 02/22/2000 NON(Extension of Legally Non-conforming Motor Vehicles Sales)Approved 03/14/1995 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The Conditional Use Permit request for a Tattoo Parlor is, in Staffs opinion, acceptable given that the use will be compatible with the other existing commercial businesses in the area.The proposed signage meets the standards of the Zoning Ordinance and will not introduce new signs, instead merely modifying existing sign plates. No additional parking would be required to accommodate the Tattoo Parlor given the legally nonconforming status of the property as stated above. The site is surrounded by commercial properties, including automobile sales and service,and will complement the vision of the mixed uses envisioned in the Pembroke Strategic Growth Area (SGA) plan.The Pembroke SGA plan identifies this property as being in the Western Campus District as well as being immediately adjacent to the Central Village District. The Western Campus District envisions a park-like academic and recreational setting, it also encourages School-to-Job MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 3 training and a mix of uses to support economic development of downtown.The Central Village District envisions an area with a healthy diversity of small businesses, activities,and interests.This proposed use aligns with both these areas goals for diversity of small businesses to support economic development in the Pemboke SGA. Prior to operating on the site,the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting.A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application,subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window,or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located within the Pembroke Strategic Growth Area (SGA), which the Comprehensive Plan designates as one of the eight urban areas in the City that envisions to accommodate future growth and adopt a more urban style in the City.The subject area is in the Western Campus District at the western edge of the Pembroke SGA.The Western Campus District is a park-like academic and recreational setting that is envisioned to showcase a pedestrian- friendly district that will draw School-to-Job training, as well as a mix of uses to complement and support the economic development activity of the new downtown. The property is also immediately adjacent to the Central Village District of the Pembroke Strategic Growth Area. The Central Village District is proposed to "draw from a plethora of activities, interests, and a variety of housing options, all woven into an eclectic bohemian neighborhood supporting small business and entertainment venues." Natural & Cultural Resources Impacts MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 4 The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources or cultural features associated with the site. No above-or below-ground historical or cultural resources will be affected by this project. Traffic Impacts Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Analysis from Traffic Engineering Staff concluded that there will be no significant change in traffic based on a tattoo use in the existing strip commercial center.Additionally,Jersey Avenue is not included on the MTP; no improvements are planned for this roadway. Public Utility Impacts Water The site is already connected to City water.There is an eight-inch City water main along North Witchduck Road. Sewer The site is already connected to City gravity sewer.There are eight-inch sanitary sewer gravity mains along both North Witchduck Road and Jersey Avenue. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 26, 2021 and January 2, 2022. • 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 27, 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 January 6, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 30, 2022 and February 6, 2022. • 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 January 31, 2022. • 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-cou nci I/Documents/Bookma rkedAgenda.pdf on February 11, 2022. MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 5 Site Layout lie .lir: Efiltit. at k ..ii';_ tg- , , r ro a. c .' UAL.. ' �4 i . g_atia-:„..t..4.:,,i__ /I = ti......: a x r :L . '°� LL:.. 1 - -w_ 1 ti +ems al Cs. -- t i . t: e I .: :q.35i1 u • ll / _ 7 / y 4 __ lik / ,. IF i i I rq tot _ 0 CV *X -::::_ / Uy�1Mr, N ;leo' ''� ` 1 '%>d-11144. ..', _ -TT joiff,"---, ' '..,....,_,_ ',,i,___,:,_;..., _._ , - ?� N MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 6 Proposed Signs M1OPPERTV OF .w�Y ai 1I6N tee MISITINN 2..29 oarr nr .,aa esan.Va 23,1” F7▪57)486 3412 n $ GRAYSCALE (757)486-7658 n TATTOO GALLERY E Mai SSTOLLINGSte CARO►IMSIGN.COM ....... -.. Grayscale Tattoo Gallery SIGN C:PANFORMED FACE CHANGE Step Lnprtmn: 30"X M4" - 30 SF 265 Jersey Are 11106 Va Beach VA 30340-C o eao FOR LEASE GRAYSCALE KO TATTOO GALLERY _ Selesm.. .m... n Stan Stollings Scare: 3/4.•_1._0.. i ware 1230 21 -- =-- Cpa<or, Approve: EXISTING(NTS) PROPOSED(NTS) Figure I- West elevation fronting N Witchduck Road. �PR�OPPERTY OF SIGN Gee FU0 1111 hone GRAYSCALE . a2,a:2 Phone (757)486 3412 tax (757)486-7658 TATTOO GALLERY E Mae SSTOLLINGSV CARO NA.SIGN.COM Glayscale - Tattoo Gallery SIGN D:VINYL FOR 265 265 S.an Lotabon: EXISTING TENANT PANELS r e a e 265 Jersey Ave 4106 l2.5"X 39" =3.38 SF Va Beach VA HEN ❑a,n No HEN 90340-D o sgnae KD ar(x. rl ‘57 her ,• . Salesman: St an 5tolhngs FOR LEASE G AYATTOOsCAi LE Y FOR LEASE _-_ FOR LEASE 12 30 21 Cawmm Approval EXISTING(NTS) PROPOSED(NTSJ rural.ra.ew.,;. Figure 2—Shopping center sign located at north end of parcel. MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 7 Proposed Signs CuROPPERTV OF C COSPONIT111 2828,R.a.. Y.ena Soak Va 22.52 P7nee GRAYSCALE (757)486 3412 9 17577486-7656 'O TATTOO GALLERY E ti STC)O_LN(;S.r CAPON.,SIGN.COM Crayscale Tattoo Galery SIGN 8: PANFORMED FACE CHANGE Son Location: 24"X 60 - 10 SF 265 Jersey Ave 11106 Va Bach VA - 30340-B oeusna.. s°.m�. m FOR LEASE GRAYSCALE Stan Stallings 757-472-9934 ; - TATTOO GALLERY -$_ Scale: Oat.12-30-21 C..t.me. EXISTING(NTS) PROPOSED(NTS) I-igure 3-East elevation fronting Jersey Avenue. PROPERTY OF Cu till 111111.0811111111 2e29 71 75' ^. V.Pna S..cn V.284'2 Phone: (757)486 3412 265 265 F„. 1757)486-7658 E Mai GRAYSCALE CARDINAL SIG F O R CARDINAL 5IWlCCda C.ay TATTOO Grayscaie '^ S.on Gallery GALLERY LEASE S�qn Loc.h.n: 265 Jersey Ave#106 Ve Beach VA ua•.,N Suite 106 Suite 106 30340 °esp... KD sarr.Tan: Stan Stollinge SIGN A: VINYL FOR PROPOSED EXISTING(NTSI EXISTING WALL PLAQUE 15.5"X 21.75" - 2.34 SF 12 30 21 Ccs me:APPo.n: ®t' Figure 4-East elevation fronting Jersey Avenue. Hall sign located next to door. MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 8 Site Photos F �� �. . sag, ... ___J — — II FOR LEASE - . 4..a,., /1�f3t I. FOR u c i �' I I .• ram— _.c Z ; rFAR LEASE . ___ I. ,, , , . �.-,,VW .. ,. - - --.-a+-,ram ,ems`; ,-,- :::#1§a -+r,! --'-a",.= - ...--' - . � . 3rs Ilirrj pit::::____. i L - Mil MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 9 Site Photos r f - Fo TES- �i::: , P; Ir 4 '`3- a / - its ' 1 1 $ ,� -"" - 4 - ITi 4 �E : � s - , ,r, EOII&LASE , - y,``� FOR LEASE ,_:s, 1116;;iifii r_. Caw' _ � ,, N MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 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 MitchBTattoos LLC dba Greyscale Tattoo Gallery/Mitchell Anthony Baer Does the applicant have a representative? ❑Yes 151 No • If yes,list the name of the representative. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?27 Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Mitchell Anthony Baer,Owner, President April CP Baer,Vice-President • tf yes,list the businesses that have a parent-subsidiary'or affiliated business entity=relationship with the applicant. (Attach a list if necessary) No. '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 ( P a g e MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 11 Disclosure Statement Disclosure StatementVB Planning&Community Development Known Interest by Public Official or Employee Does an offidal or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateraiization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ®No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reaftor for current and anticipated future sales of the subject property? 0 Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?ix Yes ❑No • If yes,identify the firm and individual providing the service. On Call Accountants, 575 Lynnhaven Pkwy,Ste 270,Virignia Beach,VA 23452,ph#757-802-4987 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? Yes RI No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 12 Disclosure Statement Disclosure Statement Nik3 • Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating a, to be operated on the property?❑Yes 12SI 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?0 Yes ®No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBOA,CBPA,Wetlands Board or any public body or committee In connection with this application. r Applicant Signature IMMM?// 4. ,/3 ;e Print Name mad Date Is the applicant also the owner of the subject property? ❑Yes ®.No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes esof Date 01/26/2022 . Signature C'g _7 P(l1/v (.UJL_ _ Print Name izabeth Nowak Revised 11.09.2020 3 1 P a g e MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 13 Disclosure Statement Disclosure Statement t1 F in Planning&Community Development Owner Disclosure Owner Name Southern Start Commons, LLC Applicant Name MitchBTattoos LLC dba Greyscale Tattoo Gallery/Mitchell Anthony Baer Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No •J If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) It O/iM// /924,4 154 .l- iha7),e ("7rn,r � ,.Jr (Ace!" • If yes,list the businesses that have a parent-subsidiary]or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an offiaal 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 L.ArNo • If yes,what is the name of the official or employee and what is the nature of the interest? 3'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 14 Disclosure Statement Disclosure Statement _ Nil ,Pianning&Community _ _ Develop r-,, Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of bust,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 X No • if yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ANo • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax turns provided in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing the service. 2ur'Pcm. c ASS a''.- ite-Tb2r/c et-) 4. Does the Owner have services from an architect/iandscae architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes Al 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 pit No • If yes,identify the purchaser and purchasers service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes h¢No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes N 1 No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P a E_e MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 15 Disclosure Statement Disclosure Statement y oft ?kW` Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?A\Yes ❑No • If yes,identify the firm and individual providing legal the service. p� rrie , £SQ. o� c�Z (..2 c4-'e 1JYCQ-�`ll!0ti IC Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public b committee inconnectionAtm- with this application. � � L !"-- Owner Signature Ronnie L.Shank,Owner _ Print Name and Title fir— 21. 20z.I Date Revised 11.09.2020 7 I P a g e MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. MitchBTattoos, LLC dba Greyscale Tattoo Gallery/Michael Anthony Baer Agenda Item 11 Page 17 Virginia Beach Planning Commission January 12, 2022 Public Meeting Agenda Item # 11 MitchBTattoos, LLC dba Greyscale Tattoo Gallery [Applicant] Southern Star Commons, LLC [Property Owner] Conditional Use Permit [Tattoo Parlor] 265 Jersey Avenue, Suite 106 RECOMMENDED FOR APPROVAL — CONSENT George Alcaraz: Thank you, Ms. Klein. The next consent item is item number 11, MitchBTattoos, LLC, doing business as Greyscale Tattoo Gallery at the Southern Star Commons, LLC. Conditional Use Permit for a tattoo parlor at 265 Jersey Avenue, Suite 106 in the Bayside District. Is the representative present? Mitchell Baer: Yes, sir. My name is Mitchell Baer. April Baer: April Baer. George Alcaraz: All right. Do you accept all the conditions? Mitchell Baer: Yes, sir. George Alcaraz: Okay. Thank you. You may sit down. Mitchell Baer: Thank you. George Alcaraz: Having said that, Mr. Redmond, if you could read this one. David Redmond: 1 Thank you, Mr. Alcaraz. This is an application of MitchBTattoos, LLC, doing business as Greyscale Tattoo Gallery. This is in a property on Witchduck Road as you can see, near its intersection with Virginia Beach Boulevard. The applicant is requesting to operate a tattoo parlor within an existing shopping center space of 1,789 square feet. The property is zoned B-2 Community Business District, and it's located within the Pembroke Strategic Growth Area. Three tattoo artists will ultimately work in the space. Each one will see no more than one client at a time. So the clientele that would be there would be restricted to three patrons at any time. There won't be any significant changes to the site other than to the signage where that For Lease sign that you see will be replaced with the name of the business consistent with just about anybody else's trade address. David Redmond: The center itself is a little tight on parking. The reason it's tight on parking is because some time ago, the property owner and the city reached an agreement to reduce the size of that property to accommodate the widening of Witchduck Road, which has been an enormous benefit to Witchduck Road, if you haven't been there in some time, so that was certainly very helpful. This is a fairly common kind of application, it has a number of other considerations that are outside our purview, like health department considerations. The staff felt it was appropriate in this spot. We are unaware of any opposition to the application; the Commission therefore places it on the consent. Thank you, Mr. Alcaraz. George Alcaraz: All right. Mr. Redmond, I did forget to ask, is there any opposition here today for this to be on consent? Okay. Thank you. Madam Clerk: By recorded vote of 10 in favor and zero against agenda items one, two, three, four and five, seven, 10, 11, 13, and 14 have been recommended for approval. Agenda items number 15 and 16 by recorded vote of nine in favor, zero against, with one abstention are recommended for approval. Jack Wall: Okay, thank you. That's the conclusion of the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar Aye Graham ABSENT Horsley AYE Klein AYE Oliver AYE 2 Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 3 LETTER OF INTENT CONDITIONAL USE PERMIT Property address: 265 Jersey Avenue,Suite 106(aka Unit A) Virginia Beach,Virginia 23462 October 20, 2021 PLANNING &COMMUNITY DEVELOPMENT CITY OF VIRGINIA BEACH 2875 SABER STREET,SUITE 500 VIRGINIA BEACH,VIRGINIA 23452 Dear Sir/Madam. I am writing to day to express my desire to obtain a conditional use permit for MitchBTattoos, LLC OBA GREYSCALE TATTOO GALLERY, located at 265 Jersey Avenue, Suite 106, Virginia Beach, Virginia 23462. My establishment as a private tattoo studio will be operated under the strictest guidelines set forth by the City of Virginia Beach Health Department and myself, as the owner/operator. I will only be operating out of one unit and have up to ten (10) dedicated parking spaces, pursuant to my lease, for myself, and the client that will be in that day.We are not requesting physical changes to building or site. I have been a professional tattoo artist, locally,for well over a decade,with an established client base, and have decided to open a space of my own in Virginia Beach because I believe that I will continue to bring high quality artwork and customer care to the city. My gallery is a private,exclusive tattoo studio that is by appointment only and does not allow walk in service for the public. Clients are booked for full day and multiple day appointments This will be clearly posted in visible areas for the community and potential clients to observe. Entry to the studio is by booked appointment only. I hold myself to a rigidly high standard when it comes to professionalism, respect, health/sanitation practices, and my commitment to always improving. If I am granted permission to conduct business in the city of Virginia Beach, you can expect that as a business owner, I will always meet and exceed any standards put before me. I take pride in the work that I do and intend to bring only a positive impact to this community. In the years that I have been a tattoo artist, I nave naa me joy of tattooing people for all walks of life, including police officers, city/county/state officials, healthcare professionals, local businessmen and women, and even the guy running a register. I love diversity and strive to maintain an environment and reputation that everyone can feel comfortable being around and a part of. I am confident in my ability to be successful in business as a part of this growing and progressive City of Virginia Beach. Thank you so much for your time and consideration. lam looking forward to working with the City of Virginia Beach in the future for our mutual benefit. All my best, ��"Mitch Baer� December 10,2021 Dear Neighbor, MitchBTattoos, LLC DBA Greyscale Tattoo Gallery is in the process of applying for a Conditional Use Permit for the property for the address of 265 Jersey Avenue,Suite 106,Virginia Beach,Virginia, 23462. We would like to share our plans with you so that you may review, and understand the business model, we will be operating on this property. Please see the attached Letter of Intent for our conditional use permit and if you would please review this and sign below in support of our application with the Virginia Beach Planning and Community Development Planning Administration Division and the City of Virginia Beach City Council. By signing below,you are relaying your support of our business and intended use of the above listed property. Sincerely, Mitchell Baer,dwner MitchBTattoos DBA Greyscale Tattoo Gallery Neighbor Support Name '�'1G1nr1► 1 �' , �hte f L'1 ia7e ( Name of Bus' ess IUr C S Signature *it,A Address (1) `7._k_t'5 1�,'(��F A-46- Address(2) S tIO f R V fj 2-' ioZ Date .17 -1 ''( - 2� December 10, 2021 Dear Neighbor, MitchBTattoos, LLC DBA Greyscale Tattoo Gallery is in the process of applying for a Conditional Use Permit for the property for the address of 265 Jersey Avenue,Suite 106,Virginia Beach,Virginia, 23462. We would like to share our plans with you so that you may review, and understand the business model, we will be operating on this property. Please see the attached Letter of Intent for our conditional use permit and if you would please review this and sign below in support of our application with the Virginia Beach Planning and Community Development Planning Administration Division and the City of Virginia Beach City Council. By signing below,you are relaying your support of our business and intended use of the above listed property. Sincerely, Mitchell Raer,Owner MitchBTattoos DBA Greyscale Tattoo Gallery Neighbor SupportrY I Name ,; 7EII b�'R L. 5�leNK Name of Busine s OLIMERK S++R COMMO0 I, L C ° Signature i (�,�J . ;im/10 C I Address (1) Ha 0 J\ct'Eit: PC'I!vY Address(2) '' EcA,211 , Vc4. 13'1 Date -,a. Erft e I4, ;i3O I December 10, 2021 Dear Neighbor, MitchBTattoos, LLC DBA Greyscale Tattoo Gallery is in the process of applying for a Conditional Use Permit for the property for the address of 265 Jersey Avenue,Suite 106,Virginia Beach, Virginia, 23462. We would like to share our plans with you so that you may review, and understand the business model, we will be operating on this property Please see the attached Letter of Intent for our conditional use permit and if you would please review this and sign below in support of our application with the Virginia Beach Planning and Community Development Planning Administration Division and the City of Virginia Beach City Council. By signing below,you are relaying your support of our business and intended use of the above listed property. Sincerely, //K r Mitchell Baer,Owner MitchBTattoos DBA Greyscale Tattoo Gallery Neighbor Support —�Name 1H1�'1rn'L: I h li (-6 Name of Bucinessa r Signature jatY`(�l' Address(1) iliC�) Lief,_ ' t ' f-t Address (2) till Ut1 V�.)"Y Date C. 1 �e3 n� RIO i 0 \-_-3 B2 \ 11 ___,---- -------\, \\ ___ --- ..,,, ; ------ \ V..3. '`, \,___.. , CI\ -it , 11 ,-------\ -R-1.0. 0, B20 0 - -- -or \ S'I\ \ O ----\ r 11 R5D �)� ___._-- 11-- Road \ \ \ o _/' -----" - x \ 00 -Ro ell a co o ,\ I __ __ - - R10 11 o CA__g;I; 0 Q \ ‘ X 0 °. ■ N %/ Site w '�I1 I: Metro Towing Company, Inc Jr L Property Polygons 1194 Bells Road S QZoning Building IN i N Feet 0 25 50 100 150 200 250 300 [;(1.-'' '''13 SN CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: METRO TOWING COMPANY, INC [Applicant] INTRACOASTAL ASSETS, LLC [Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 1194 Bells Road (GPIN Portion of 2416474808). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: February 15, 2022 • Background: In 1985, City Council approved a Conditional Use Permit on the western portion of this property for the storage of construction vehicles. This is a request for a Conditional Use Permit for a Bulk Storage Area for use by a towing company. The property is located in the Historic Seatack Suburban Focus Area and Special Economic Growth Area 1. The site is encumbered by a Navy Restrictive Easement and is within the Accident Potential Zone — 2 and the highest noise zone, greater than 75 dB. Specifically, the application is a request to store towed vehicles on the eastern portion of the site. One of the existing buildings on the property will serve as the office for the operation. • Considerations: The property is well-screened along South Birdneck Road by existing vegetation which will remain. Additional plantings as required to meet the standards for Category VI screening will be installed along the perimeter of the storage area. This includes the replacement of an existing chain link fence with a solid, six-foot tall privacy fence. Both of these measures, the increased plantings and solid fence, will improve the aesthetics of the property from view of the rights-of-way. The applicant seeks a deviation to the required screening along the western boundary of the tow lot that will abuts the existing contractor's storage yard. As the tow lot will not be seen from the rights-of-way or the adjoining lot with the proposed fencing and plantings, the Planning Commission is supportive of the deviation request. As the property is encumbered by a Navy Restrictive Easement, uses are limited to those compatible with naval flight operations and specifically identified in the easement document. A letter of compliance from the Navy is provided in the Staff report. The applicant met with the Seatack Civic League and no issues were noted. Metro Towing Company, Inc Page 2 of 2 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On January 12, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10 to 0, to recommend approval of this request. 1. This portion of the site shall be developed and maintained substantially in conformance with the submitted exhibit entitled, "Landscape Plan: Metro Towing", prepared by Diane E. Smith — Di-namic Landscape Designs, dated November 11, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. This is a deviation to the required landscape screening along the western boundary of the proposed use. 2. Any onsite signage shall meet the requirements of the City Zoning Ordinance. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 3. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 4. There shall be no motor vehicle repair work on-site. 5. There shall be no outside storage of equipment, parts, or materials. 6. The loading and unloading of vehicles within the rights-of-way shall be prohibited. • 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 0 City Manager: orp Applicant Metro Towing Company, Inc Agenda Item 7 Property Owner Intracoastal Assets, LLC Planning Commission Public Hearing January 12, 2022 City Council District District 6, formerly Beach Virginia Beach Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation �. Approval o 0 ve Staff Planner Hoa N. Dao 8i "' "ue Location 1194 Bells Road ca°'d ems GPIN aid Portion of 2416474808 Site Size o 0.75 acres Y AICUZ @*,'`°Greater than 75 dB DNL;APZ-2 +p Watershed Atlantic Ocean Existing Land Use and Zoning District Bulk storage yard (contra ctor's storage yard)/I �, u lool,,� , 1 Light Industrial - it..10.:, __,r:::,:i ...„);=:41„ tLi__,;...„ ■ Surrounding Land Uses and Zoning Districts : North Office,warehouse/I 1 Light Industrial c s ° South - ). .. c =5 � . Bells Road Mini warehouses/I 1 Light Industrial r � East .. s ,South Birdneck Road � _ Office,warehouse/I 1 Light Industrial a -..... ik __, g Y West :, Undeveloped parcel/I-1 Light Industrial 7, 1-. Metro Towing Company, Inc Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard at the northwest corner of South Birdneck and Bells Roads to store vehicles for a towing business, Metro Towing Company, LLC.The tow lot will occupy the eastern half of the 0.75-acre parcel.The remaining western half is occupied by a contractor's storage yard for the storage of construction vehicles and materials that was approved in 1985.The applicant estimates that up to 30 vehicles will be stored on-site. • An existing building on site will continue to be used for office space and the proposed office hours 9:00 a.m.to 5:00 p.m., Monday through Friday. • As the current use as a contractor's storage yard has existed on the site since 1985, it does not meet the current regulations for a bulk storage yard as it lacks the fencing and landscaping requirements.This application will serve to bring the property into conformance with current standards as well as authorize use of a portion of the site for a towed vehicle storage area. • Section 228 of the Zoning Ordinance requires that Bulk Storage Yards be completely enclosed by a fence with Category VI screening.The applicant proposes to replace an existing six-foot tall chain-link fence with a six-foot tall wood privacy fence along the eastern,southern,and northern boundaries and install additional plant material to screen the storage area from view of the rights-of-way and adjacent properties.The applicant, however, seeks a deviation to the required screening along the western boundary of the tow lot that will abuts the existing contractor's storage yard. • The property is subject to a Navy Restrictive Easement.The Navy has reviewed the request and has no objection to the proposal. Zoning History T8 '= 1� ` 1 __ `- # Request L Rru 1 CUPS(Automobile Repair Garage, Bulk Storage Yard) \` B2� 1 Approved 03/21/2018i __� 2 CRZ(R-10 to Conditional I-1)Approved 02/13/2017 i 1 ;, \��i� 2 SVR Approved 03/08/2000 f + 3 CUP(Boat Maintenance,Storage)Approved 06/25/2013 /j ,6 A ._t' 4 MDP Approved 08/28/2007 1-,:!::------ 5 CUP(Bulk Storage Yard)Approved 04 12 2005 6 CRZ(B-2 and R-10 to Conditional I-1)Approved \ , \ \ { 07/13/2004 ` , 7 CUP(Communication Tower)Approved 02/11/2001 }xso s,;s •,� ` ` \ R10 CUP(Wireless Communication Facility)Approved 7:-)s \c..-1 4 ►t_„_�._ , ..`L ` 01/08/1997) \ CUP(Wireless Communication Facility)Approved \ 01/08/1997) 8 CUP(Contractor's Storage Yard)Approved 07/08/1985 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Metro Towing Company, Inc Agenda Item 7 Page 2 Evaluation & Recommendation The Comprehensive Plan designates the subject property as located in both the Historic Seatack Suburban Focus Area (SFA)and East Oceana Special Economic Growth Area (SEGA), Special Economic Growth Area 1—East Oceana (SEGA 1). Based on the location,sensitivity to the neighborhood context and needs of the Historic Seatack community are noted as essential considerations for new development proposed along this portion of South Birdneck Road. The Plan further states that proposed developments should respect the historic settlement of this area and uses should be compatible with the neighborhood. Significant landscape screening buffers should be established between existing residential areas and new non-residential development to mitigate any visual and noise impacts.The Comprehensive Plan's recommendations for SEGA 1 include a vision of low intensity light industrial uses (and limited retail)consistent with the AICUZ with significant buffers to shield the surrounding residential neighborhoods from intrusive impacts. In Staffs view, due to the fact that a contractor's storage yard has existed on this property for many years without incident,the distance to the nearest residential dwelling from the tow yard, and the installation of additional screening along the rights-of-way all provide merit towards acceptability of the use at this location. Furthermore,the property is encumbered by a Navy Restrictive Easement and is located in the greater than 75 dB noise zone,the highest noise zone, and Accident Potential Zone 2 (APZ-2) of the Air Installations Compatible Use Zones (AICUZ). The use is consistent with the terms of the Navy Restrictive Easement and with the limited uses identified in Article 18 of the Zoning Ordinance that are deemed compatible with Naval flight operations,as well as the terms of the Navy easement and the AICUZ. The existing mature vegetated buffers along Bells and South Birdneck Roads provide some screening of the site from the rights-of-way.The applicant will install the required Category VI landscape along the northern property line and additional trees along Bells Road,where the existing landscape buffer is lacking.The applicant will also replace an existing chain-link fence with a six-foot tall privacy wood fence along the southern,eastern,and northern boundaries of the tow lot.As mentioned above,the applicant seeks a deviation from installation of the full required landscape screening along the western boundary on the tow lot,which is only visible from within the property and therefore not impactful to surrounding properties.Staff is supportive of the deviation request as the tow lot will not be seen from the rights-of-way or the adjoining lot with the proposed fencing and plantings. In addition,the existing buildings provide additional screening to properties to the west. Based on these considerations,Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. This portion of the site shall be developed and maintained substantially in conformance with the submitted exhibit entitled, "Landscape Plan: Metro Towing", prepared by Diane E.Smith—Di-namic Landscape Designs,dated November 11,2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development.This is a deviation to the required landscape screening along the western boundary of the proposed use. 2. Any onsite signage shall meet the requirements of the City Zoning Ordinance.There shall be no signs that contain or consist of pennants, ribbons,streamers,spinners,strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted,or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. Metro Towing Company, Inc Agenda Item 7 Page 3 3. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 4. There shall be no motor vehicle repair work on-site. 5. There shall be no outside storage of equipment, parts,or materials. 6. The loading and unloading of vehicles within the rights-of-way shall be prohibited. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as located in both the Historic Seatack Suburban Focus Area (SFA)and East Oceana Special Economic Growth Area (SEGA),which calls for low intensity light industrial uses(and limited retail)with significant buffers to shield the surrounding residential neighborhoods from intrusive impacts. Both areas identify that sensitivity to the neighborhood context and needs of the Historic Seatack community are important for new developments to consider. Proposed developments should respect the historic settlement of this area and uses should be compatible with the neighborhood.Significant landscape screening buffers should be established between existing residential areas and new non-residential development to mitigate any visual and noise impacts. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.There are no known significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic South Birdneck Road 14,400 ADT1 32,700 ADT 1(LOS°"D") Existing Land Use 1-11 ADT Bells Road 6,500 ADT1 8,700 ADT 1(LOS°"D") Proposed Land Use 3-No Data Available 1 Average Daily Trips 2 as defined by a 5,800 square 3 No information available in the 4 LOS=Level of Service feet office/warehouse space ITE Trip Generation Manual for tow lot Metro Towing Company, Inc Agenda Item 7 Page 4 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) South Birdneck Road is a four-lane divided minor suburban arterial with a variable-width right-of-way.The MTP map indicates an ultimate six-lane roadway for this section of South Birdneck Road; however, no CIP projects are currently scheduled for this roadway. Bells Road is considered a two-lane undivided local street.There are no plans to improve this roadway in the MTP or current CIP slated for this portion of the roadway. Public Utility Impacts Water&Sewer This site is connected to City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant reported that they presented the request to the Seatack Civic League on December 9,2021,and no objections were raised. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 26, 2021 and January 2, 2022. • 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 27, 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 January 6, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 30, 2022 and February 6, 2022. • 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 January 31, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on February 11, 2022. Metro Towing Company, Inc Agenda Item 7 Page 5 Proposed Site Layout I EXISTING • CONTRALTO' I YARD • I ' 1 • ,5-E£. • • 3.',,av:E j� g I *011, • • I tri ii• airove,tc E;,sG r PROPOSED �, `°` `;{�C TOW LOT • +•GNA MAC-l.AIWLAF,4 CODE • STORAGE AREA 15 CELAC E..W£0, > I �• I 'S • •• , • Lt I PROPOSED • I ' ;. *r 6' PRIVACY 1 WOOD FENCE • • a' • E)a3hriuCL'DUE to.ew+ > 01.01.18 ►N S BIRDNECK ROAD Metro Towing Company, Inc Agenda Item 7 Page 6 Site Photos . ' I— e...... • _ T s, Y R - (� " _ BAN . -/t it J. 4 7 + . -II 15.E t I '"'�. fop ,_ ' e- �. r f ly[l ,. c , . � �,i , r •s• d ie y . 1 >3 w_ _iv x .` t R . X— Metro Towing Company, Inc Agenda Item 7 Page 7 Site Photos T •.7 ; .- Y I , — . g --,to 1 le , -: 1-1.z, k4---,-Y, i •-'-e- k•-•,. .t. t -. -1.--- ..iv. r/1-4 .. ','s iiIP `_F s i 1 .9 ' t+: < a it M t" a drs, w likt A— .a.41 4! kr..fR 'rr": ga .- -- i' 3 a y� e .E.!`r - v. - X A'. . Metro Towing Company, Inc Agenda Item 7 Page 8 Navy Easement Compliance Review DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH.VIRGINIA 23460-2191 IN REPLY REMER IU 4535 Ser N4/315 22 Oct 21 Mr.Stephen Silliphant 5870 Curlew Drive Norfolk,VA 23502 Dear Mr.Silliphant: Thank you for the request for an easement compliance review for the use of a property identified as 1194 Bells Road,Virginia Beach,Virginia. I reviewed an analysis prepared by a Navy Real Estate Contracting Officer and 1 agree with the conclusion that the property is subject to restrictions resulting from a Declaration of Taking filed by the United States of America. Enclosed is a copy of the Review and Findings for your convenience. Accordingly,the proposed use of the property,described as the operation of a towing business and the storage of vehicles,is permitted under the terms of the Declaration of Taking, provided you do no store petrochemicals,petroleum or related products in bulk storage tanks. Be aware that our determination is based on the representations of the use and location of the property. Please be advised the U.S.Navy will periodically conduct random reviews in the field, of the properties encumbered by covenants and restrictions to ensure that the intermits of the United States are protected. Thank you for your request on this matter. My point of contact for this matter is Mr.Paul Moomaw,who can be reached at(757)433-2678 or via e-mail at paul.moomaw@navv.mil. Sincerely, nth R. L.HOLMES Captain,U.S.Navy Commanding Officer Enclosure: I. Real Estate Contracting Officer's Review and Findings Copy to: NAVFAC MIDLANT(Codes ARRA 12) Metro Towing Company, Inc Agenda Item 7 Page 9 Navy Easement Compliance Review EI-0548 14 October 2021 REAL ESTATE CONTRACTING OFFICER'S REVIEW AND FINDINGS Request Received: On 13 October 2021,I received an easement compliance review request from Mr.Stephen Silliphant,with Metro Towing(METRO),requesting a determination of the use of a property located 1 194 Bells Road.Virginia Beach,VA. I emailed Mr.Silliphant on 14 October 2021 notifying him of the need to provide a detailed narrative of the proposed use of the property. Mr. Silliphant responded on 14 October 2021. Property Location: The subject property is located within P-995,Parcel 489,and is identified as GPM 24164748080000. The United States acquired certain rights over Parcel 489 through a Declaration of Taking(DT)filed 18 July 1983. The Navy refers to the DT as EI-0548. Proposed Use: The request specifically states: The property will be primarily as vehicle storage. We are a towing company that tows for the Virginia Beach Police Department. Vehicles are removed from accident and/or arrest location and stored for insurance or owner retrieval. Office will he used by one employee from 9 AM—5 PM,Monday through Friday. Tow trucks and tow truck operators will only be on site long enough to drop off vehicles. No tow trucks will be stored on site. Review of Restrictive Easement(s): The restrictions begin with paragraph 1. Paragraph 1.a prohibits any obstruction extending more than 172 feet above mean sea level. Paragraph I.b states"...the property shall not be used for any of the following uses or structures:"and proceeds to list seventeen(17)specific uses. Paragraph I.b.(1 I)prohibits the storage,handling or distribution of explosives,petrochemicals, petroleum and related products,except for petrochemicals.petroleum,and related products incidental to uses not prohibited within the DT. Paragraph I.b.(15)prohibits offices,except those maintained in connection with uses not prohibited within the DT. Paragraph 1.c provides for ingress and egress for the purposes of enforcing the rights within the DT. Paragraph 2 states"All uses and structures not prohibited herein are permitted,including,but not limited to,the following:"and proceeds to list twenty-six(26)specific uses. Paragraph 2.1 lists commercial parking lots,parking garages and storage garages. Paragraph 2.o lists automotive repair and service stations. Conclusions: METRO proposes to use the property for vehicle storage and the operation of a towing business. Towing businesses are not specifically prohibited within the DT,although they are not provided as an example of a business that would be permitted. However,the DT states"All uses and structures not prohibited herein are permitted". Since the towing business is not prohibited,the Metro Towing Company, Inc Agenda Item 7 Page 10 Navy Easement Compliance Review EI-0548 14 October 2021 use of the property for a towing business is compliant with the language in the DT and is therefore permitted. Although paragraph I.b.(I 1)prohibits petrochemicals,petroleum and related products.those products that are incidental to a use not prohibited within the DT are permitted. Since towing businesses are not prohibited within the DT,the use of the property for the incidental storage of petrochemicals.petroleum and related products is compliant with the language in the DT and is therefore permitted,as long as bulk petroleum storage tanks are not kept onsite. Although paragraph I.b.(15)prohibits offices,offices maintained in connection with uses that are not prohibited within the DT are permitted. Since towing businesses are not prohibited within the DT,the use of the property for office space is compliant with the language in the DT and is therefore permitted. Since all uses proposed by METRO appear to be compliant with the language in the DT,the overall use of the property is compliant with the language in the DT and is therefore permitted. PAUL MOOMAW Real Estate Contracting Officer Metro Towing Company, Inc Agenda Item 7 Page 11 Disclosure Statement Disclosure Statement ‘13 Cello!V610...l Dale: 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 METRO TOWING COMPANY,INC. Does the applicant have a representative? 0 Yes IN No • If yes,list the name of the representative Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑No • if yes,list the names of all officers,directors,members,trustees,etc below (Attach a list if necessary) STEPHEN A.SILLIPHANT-PRESIDENT • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I E'a g e Metro Towing Company, Inc Agenda Item 7 Page 12 Disclosure Statement Disclosure Statement 1113 ..„0,V evma Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes : NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ! No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes I No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes II 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 IP 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 It No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I f' Metro Towing Company, Inc Agenda Item 7 Page 13 Disclosure Statement Disclosure Statement 1/13 �><v er ravwv a,xt Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ■No • fives,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,Identify the firm and Individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes • No • If yes,identify the firm and Individual providing the service. Applicant Signature I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature STEPHEN A SI W PHANT-PRESIDENT Print Name and Title 9-30.2021 s?e/g4AN J ?`l Q' l.T 1)/'e!/de �!" V G h Date Is the apprcant sleo the owner el the subject property? ❑Yes ■ No • If yes,you do not need to fill out the owner disclosure statement. FOR CiTY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No chan;•s as w o'1e 2022.02.01 stagy hint Nom Hoa N. Dao Revised 11.09.2020 Wage Metro Towing Company, Inc Agenda Item 7 Page 14 Disclosure Statement Disclosure S.-.atemi:nt Planning&Community Development Owner Disclosure Owner Name INTRACOASTAL ASSETS LLC Applicant Name METRO TOWING COMPANY,INC. Is the Owner a corporation,partnership,firrn,business,trust or an unincorporated business? Yes El No • If yes,list the names of all officers,directors,members,trustees,etc.below (Attach a list if necessary) Dean&Emily Ives • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes II No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e Metro Towing Company, Inc Agenda Item 7 Page 15 Disclosure Statement Disclosui t. Statement 113 cs,,,4,11 :,tea., Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? E Yes ❑No • If yes,identify the financial institutions providing the service. SBA 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?i Yes ❑No • Ifyes,identify the firm and individual providing the service. Stewart&Company,Jan Kuster 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?D Yes If 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 E No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes E No • if yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P a d Metro Towing Company, Inc Agenda Item 7 Page 16 Disclosure Statement Disclosure Statement ivy ttegovis Mg, Planning&Communit\ Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes a No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Dada-a Owner Signature Dean Ives,Owner Print Name and Title 9/30/21 Date Revised 11.09.2020 7 1 P a g e Metro Towing Company, Inc Agenda Item 7 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Metro Towing Company, Inc Agenda Item 7 Page 18 Virginia Beach Planning Commission January 12, 2022 Public Meeting Agenda Item # 7 Metro Towing Company, Inc. [Applicant] Intracoastal Assets, LLC [Property Owner] Conditional Use Permit [Bulk Storage Yard] 1194 Bells Road RECOMMENDED FOR APPROVAL — CONSENT George Alcaraz: Thank you, Mr. Bradley. All right, we'll move on to the next agenda. Item number seven, Metro Towing Company. It's a Conditional Use Permit for bulk storage yard at 1194 Bells Road in the Beach District. Is there a representative for this item? Come forward. Hi, can you state your name for the record, please? Steven Sullivan: Steven Sullivan. George Alcaraz: Thank you. Are you accepting all the conditions? Steven Sullivan: Yes, sir. George Alcaraz: Okay. Steven Sullivan: Yep. George Alcaraz: All right, thank you. Steven Sullivan: 1 Okay. George Alcaraz: Is there any opposition to this being on the consent agenda? All right. Hearing none. I asked Mr. Weiner to please speak on this. David Weiner: Thank you, Mr. Alcaraz. This is a conditional use permit for bulk storage yard. The applicant is requesting a conditional use permit for bulk storage yard on the Northwest corner of South Birdneck and Bells Road to store vehicles for towing business, Metro Towing Company. The tow lot will occupy the eastern half of the three quarter acre parcel. The remaining western half is occupied by a contractor storage yard for the storage and destruction of vehicles and materials that was approved in 1985. David Weiner: The applicant estimates that there're up to 30 vehicles to be stored on the site. As the current use, the contract to the storage yard has existed on the site since 1975. It does not meet the current regulations by bulk storage yard and lacks the fencing and landscaping requirements. The application will serve to bring the property into conformance with the current standard, as well as the authorized use of portion for the site for the towed vehicles. We recommend approval and put this on the consent agenda. George Alcaraz: Thank you, Mr. Weiner. David Weiner: Sure. Madam Clerk: By recorded vote of 10 in favor and zero against agenda items one, two, three, four and five, seven, 10, 11, 13, and 14 have been recommended for approval. Agenda items number 15 and 16 by recorded vote of nine in favor, zero against, with one abstention are recommended for approval. Jack Wall: Okay, thank you. That's the conclusion of the consent agenda. 2 AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar Aye Graham ABSENT Horsley AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. This portion of the site shall be developed and maintained substantially in conformance with the submitted exhibit entitled, "Landscape Plan: Metro Towing", prepared by Diane E. Smith — Di-namic Landscape Designs, dated November 11, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. This is a deviation to the required landscape screening along the western boundary of the proposed use. 2. Any onsite signage shall meet the requirements of the City Zoning Ordinance. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 3. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 4. There shall be no motor vehicle repair work on-site. 5. There shall be no outside storage of equipment, parts, or materials. 6. The loading and unloading of vehicles within the rights-of-way shall be prohibited. 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. 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 009 009 00t7 00£ OOZ 00 609 0 laajoil N. m 6uiplin8 6u!uoZ S CO apins `peon 130N leaJJ 'N 8Z£ suo6Alod Apadoid 3; 1 _M uosieued eili3e3 _1. al!s %% N _.--- - ,------ ---1 ZS / f-i H 1 P9 Z 01, ------- ----:------------ ea,a *_ c ), \,,, l ---' - , ' , / - -air- -- ' latv .------ 00eK ',. ( ' /_,------ dze ,,i ZO $ A au .,.-e-- ----_-_-4A 01'4, • - r m ri Q --:-;;i9"' Ao - / „o7iD ) f.0,- .z0V. i'0 0 D. c-\ 'Lf i' ‘ O 0: A _ay-e D, -LI:i / ,Zsa. çc' S ()a %its • C 5a121Q O'a ' 5 � on > 8d Z , e o .1., -0 ' . ) - Q20. a,o� . Q u r --�7 �'4 t (rle * ' 1.' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CECILIA PATTERSON [Applicant] CHAMBORD COMMONS, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 328 N Great Neck Road, Suite 103 (GPIN 2407065012). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: February 15, 2022 • Background: The applicant is requesting a Conditional Use Permit for a Tattoo Parlor for both traditional tattooing services as well as the application of permanent makeup, known as microblading. The operation will occur within an existing 1,480 square foot salon in the Chambord Commons Shopping Center on property zoned B-2 Community Business. The proposed tattoo parlor will employee one to two tattoo artists. The typical hours of operation will be 10:00 a.m. to 6:00 p.m., Tuesday through Friday. No exterior changes to the building or to the existing signage are proposed. Recommended Condition 2 was removed as it was brought to Staff's attention following the release of the Staff report that the applicant intends to provide both types of tattoo services. This modification is noted below with strikethrough text. This change was highlighted and was considered by the Planning Commission in their recommendation. • Considerations: The property is located within the greater than 75 dB noise zone and Accident Potential Zone 2 (APZ-2) of the Air Installations Compatible Use Zones (AICUZ). Many uses within this AICUZ are restricted, as identified in Article 18 of the Zoning Ordinance; however, personal services, such as the proposed tattoo parlor which will operate within the existing hair salon, is considered to be a compatible use. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all requirements of Chapter 23 of the City Code. This section of the codes establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. Cecilia Patterson Page 2 of 2 There are no other tattoo parlors within 600 feet of this location. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On January 12, 2022, 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. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make up. No other form of tattooing shall be permitted. 3. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Building signage designed to be a "box sign" and signage for windows shall not be permitted. A separate sign permit shall be obtained from the Planning Department for installation of any new signs. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 7 City Manager:/0k9 Applicant Cecilia Patterson Agenda Item al\ Property Owner Chambord Commons, LLC �' Planning Commission Public Hearing January 12, 2022 3 City Council District District 6,formerly Beach Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation ,:} r' w / • Approval `,, e'a% a t 4 -6. Staff Planner z z Marchelle Coleman a p 9 Location rJ f 328 N. Great Neck Road, Suite 103 oconeeAveno, �J GPIN v1 lip � 2407065012 Site Size • je91n1a BOW'g�� ' �- 3.46 acres 3Ps---A Greater than 75 dB DNL; APZ-2 '''.....___ Watershed pow,"a° Chesapeake Bay Existing Land Use and Zoning District Shopping center/ B-2 Community Business Surrounding Land Uses and Zoning Districts , - North -' • Parking lot, single-family dwellings/B-2 - Community Business, R 7.5 Residential W , South Laskin Road, Virginia Beach Boulevard ` 1264 - -F--- • - I East '� Lond f Single-family dwellings/ R-7.5 Residential West North Great Neck Road i Restaurant, shopping center/ B-2 Community �' — r- Business �; Cecilia Patterson Agenda Item 3 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Tattoo Parlor. The applicant will be providing traditional tattooing services as well as, the application of permanent makeup, known as microblading.The operation will occur within an existing 1,480 square foot salon in the Chambord Commons Shopping Center.The property is zoned B-2 Community Business. • The proposed tattoo parlor will employee one to two tattoo artists.The typical hours of operation will be 10:00 a.m. to 6:00 p.m.,Tuesday through Friday. • No exterior changes to the building or to the existing signage are proposed. • There are no other tattoo parlors within 600 feet of this location. �\ 1 d 711.4 L . 8 3 _v_.\ �,�/ ��� Zoning History U� I r ii I /�. / .. i . 5 # Request , 82 ''-- it /�� •' O2 ` 1 CUP(Family Day-Care Home)Approved 03/26/2013 / / �f \ /\Jl Lorton Bntl9e SC - , y-" � t w�Ro r •A gou�� . 2 aeaaoh 2.64 ci Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The request for the Conditional Use Permit, in Staff's opinion, is acceptable given that the use will be compatible with the other existing commercial businesses within the Chambord Commons Shopping Center and along this section of North Great Neck Road. The property is located within the greater than 75 dB noise zone and Accident Potential Zone 2 (APZ-2) of the Air Installations Compatible Use Zones (AICUZ). Many uses within this AICUZ are restricted, as identified in Article 18 of the Zoning Ordinance; however, personal services, such as the proposed tattoo parlor which will operate within the existing hair salon, is considered to be a compatible use. Prior to operating on the site,the applicant is required to obtain a business license and the Health Department must verify that the business meets all requirements of Chapter 23 of the City Code.This section of the codes establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. Cecilia Patterson Agenda Item 3 Page 2 For the reasons stated above,Staff recommends approval of this application,subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon,electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Building signage designed to be a "box sign"and signage for windows shall not be permitted.A separate sign permit shall be obtained from the Planning Department for installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Lynnhaven Strategic Growth Area (SGA). The Comprehensive Plan designates as one of the eight urban areas in the City that envisions to accommodate future growth and adopt a more urban style in the City.The land use plan for the subject area is designated for major new open space opportunities,which are uses designated for low lying areas along the Lynnhaven River and tributaries. Natural & Cultural Resources Impacts This site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources or cultural features associated with the site,as it is fully developed with a shopping center and parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic N.Great Neck Road 39,300 ADT1 36,900 ADT 1(LOS 2"D") No Change Anticipated 3 1 Average Daily Trips 2 LOS=Level of Service 3 average daily trips not expected to change Cecilia Patterson Agenda Item 3 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) North Great Neck Road is a suburban major arterial that has a divided four lane typical section in front of the subject site. The MTP shows North Great Neck Road as a divided facility with a bikeway in a 120 foot right-of-way. There are no roadway CIP projects in the vicinity. Water & Sewer The site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 26, 2021 and January 2, 2022. • 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 27, 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 January 6, 2022. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, January 30, 2022 and February 6, 2022. • 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 January 31, 2022. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on February 11, 2022. Cecilia Patterson Agenda Item 3 Page 4 Proposed Site Layout .- - 337 320 417 —.. c-a 41b �',! 324 413 A7k)A, n E LPN 412 333 sz •_:\ 499 408 4tr 320 11i 321 2 401 400 404 ..,jy 31] + -11 31• y 325 90 312 309 �.- ffi7 r�i240� 300 304 'p t 1 PF`d eio 1 i 332•t\a0 i �s 35a �, 1 480 i, \ 317 104 square foot 73 �h 312 300 313 ]16 328 1•. 312 I17 300 unit ililf 309 309 12111 300 ?OJ1 232 34b • SOS ]04 •210 + I 0 ' 204 x ns 1J6 T-`-- t / 326 I. 301 300 So4 '-. 323 i 301 300 200 313-124 f ' c i / 2224102\ 11S 116 ! 124 2224106 ' 2212 J • '` • 2224.2 ' 100 L.dV _~ `. 222i\ 2203 1i1� BRIDGE$ , / 2220 47 316 j • 2224-I ` " 1 Itj 1 2228-10] 222.4112 +�(4S I \ 0'Sr l 1 2232 101 1312 XX 2300 Cecilia Patterson Agenda Item 3 Page 5 Site Photos • rt= f y y 1' • • y ll �._o avow 1 }.d f 1) fir.' 'k''''• I ,,. e707 ` may`_ `. a p r 3 , • , ' ) DENTIT‘z -- ^ ear 9aoo 4101111 - F. AP"` l w - Cecilia Patterson Agenda Item 3 Page 6 Disclosure Statement Disclosure Statement City of Virginia Bwd, 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 Cecilia Patterson Does the applicant have a representative? ❑Yes IN No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes II No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the applicant. (Attach a list if necessary) ="Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Cecilia Patterson Agenda Item 3 Page 7 Disclosure Statement Disclosure Statement 1/13 City fViryiniu Beudi Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ■ No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ElNo • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes • No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes • No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes U No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09 2020 2 1 Cecilia Patterson Agenda Item 3 Page 8 Disclosure Statement Disclosure Statement \\)B City of t:ryinio Bash Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any publicbody or committee in connection with this application. C c /te-'CI. QiLQBIL Applicant Signature Cecilia Patterson Tattoo Artist/Owner Print Name and Title November 1,2021 Date Is the applicant also the owner of the subject property? ❑Yes I No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date 1/25/2022 slynature Print Name Marc e e L. Co eman Revised 11.09.2010 3 I Cecilia Patterson Agenda Item 3 Page 9 Disclosure Statement Disclosure Statement V3 Owner Disclosure Owner Name L (1u /1/Lti61T ai CO 14/` © s L L C n , Applicant Name l f @ II r=_ (�1 • ,a fif r t.I1 i Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ®Yes 0 No • If yes,list the names of all officers,directors,mem rs,trustees,etc.below. (Attach a list if necessary) �,r-e 0( C5 S ut w►�n 5 j. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach-have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes E No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. "'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101 si Cecilia Patterson Agenda Item 3 Page 10 Disclosure Statement Disclosure Statement Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? I Yes ❑ No • If yes,identify the financial institutions providing the service. Prr tat ftAOtit cut, 614/ - 0dc. 0 St.wr ij Jr. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes 1Si(No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?E yes 0 No • If yes,identify the firm and rndivid al providing the service. f 'f�►^-es }/164(4 ✓) L0ut r_ I PLC_ comp)cles tXes l CLturn(v�r� •ntny,.S LL(- 4. Does the Owner have services from an architect/landscape architect/land planner provided connection with the subject of the application or any business operating or to be operated on the property?0 Yes 2'No • If yes,identify the firm and individual providing the service 5. Is there any other pending or proposed purchaser of the subject property?❑Yes IN rvo • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor iP connection with the subject of the application or any business operating or to be operated on the property?❑Yes Q No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent connection with the subject of the application or any business operating or to be operated on the property?0 Yes B No • if yes,identify the firm and individual providing the service b � Cecilia Patterson Agenda Item 3 Page 11 Disclosure Statement Disclosure Statementv3 Planning& (uunnunit\ Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes T No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public committee in connection with this application. ....--it'Owner aatu � v�o( G St,'vv►rn S -- Print ame a Title l„Z. i//� c 1-- l Date Cecilia Patterson Agenda Item 3 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Cecilia Patterson Agenda Item 3 Page 13 Virginia Beach Planning Commission January 12, 2022 Public Meeting Agenda Item #3 Cecilia Patterson [Applicant] Chambord Commons, LLC [Property Owner] Conditional Use Permit [Tattoo Parlor] 328 N. Great Neck Road, Suite 103 RECOMMENDED FOR APPROVAL— CONSENT George Alcaraz: All right. Hearing none. I'll move on to item number three, Cecilia Patterson of Chambord Commons, Conditional Use Permit for a Tattoo Parlor. Address is 328 North Great Neck Road, Suite 103 in the Beach District, and Ms. Dee Oliver will be speaking. George Alcaraz: Is the representative for the item? Come forward, please. Just bear with me, I'm going to get this. Cecilia Marie Patterson: Hello. How are you? George Alcaraz: How you doing? State your name for the record. Cecilia Marie Patterson: Do you need me to take this off? George Alcaraz: It's up to you. Cecilia Marie Patterson: Cecilia Marie Patterson. George Alcaraz: Are the conditions acceptable? That have been presented to you? 1 Cecilia Marie Patterson: Yes, sir. George Alcaraz: They are? Okay. And that's it. You're good. Dee Oliver: She's good. George Alcaraz: Is there any opposition to the item before? Jack Wall: You may sit down. Cecilia Marie Patterson: Okay. Thank you. George Alcaraz: Thank you. Cecilia Marie Patterson: Thank you. George Alcaraz: Is there any opposition for this item to be placed on the consent agenda? I see none. If I can ask Ms. Oliver to speak on it. Dee Oliver: Absolutely. This is an application for a conditional use permit for a tattoo parlor specifically for the application of permanent makeup known as microblading. This operation will occur within existing 1,480 square foot salon in the Chambord Commons Shopping Center. This property is zoned B-2. The proposed tattoo parlor will have two tattoo artists and the typical hours of operation are going to be 10:00 AM to 6:00 PM, Tuesday through Friday. There'll be no exterior changes to the building or to the existing signage. There are no other tattoo parlors within 600 feet of this location. This use will be compatible with other existing commercial businesses within the Chambord Commons Shopping Center and along this section of North Great Neck Road. The staff recommends approval of this application, subject to the conditions listed below, 2 and the removal of condition number two has been deleted from the application. There's no opposition and therefore we've placed this on the consent agenda. George Alcaraz: All right. Thank you. David Redmond: Just for clarity. The applicant is performing not just microblading but regular tattooing at the location. Dee Oliver: Oh, it is? David Redmond: Yes. Madam Clerk: By recorded vote of 10 in favor and zero against agenda items one, two, three, four and five, seven, 10, 11, 13, and 14 have been recommended for approval. Agenda items number 15 and 16 by recorded vote of nine in favor, zero against, with one abstention are recommended for approval. Jack Wall: Okay, thank you. That's the conclusion of the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar Aye Graham ABSENT Horsley AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 3 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Building signage designed to be a "box sign" and signage for windows shall not be permitted. A separate sign permit shall be obtained from the Planning Department for installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 x r CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: A RESOLUTION TO ADOPT AND AMEND INTO THE VIRGINIA BEACH COMPREHENSIVE PLAN 2016 THE STORMWATER IMPACTS FOR DISCRETIONARY LAND USE APPLICATIONS MEETING DATE: February 15, 2022 (Deferred on February 1, 2022, January 4, 2022, December 7, 2021) • Background: This item was deferred at the December 7, 2021, January 4, 2022, and February 1, 2022 City Council Hearings. In support of the Stormwater Bond Referendum (Referendum) on the November ballot, City Council passed a resolution on September 7, 2021, that outlined specific commitments to ensure swift action following approval of the referendum question. One such commitment is the delivery to the Planning Commission and City Council an amendment to the City's Comprehensive Plan (Comp Plan) related to stormwater discharge associated with discretionary land use applications. As the citizens of Virginia Beach passed the Referendum on November 2, 2021, an amendment to the Comp Plan was drafted and subsequently considered by the Planning Commission on November 10, 2021. The amendment affirms City Council's intention to require all rezoning applications regardless of the location within the city be required to demonstrate no impact or increase in demand on the public stormwater system as outlined in the City Council adopted resolution. • Considerations: On September 7, 2021 City Council passed a resolution which required staff to bring forward a Comprehensive Plan amendment which directs staff to recommend denial of any application for a rezoning that will impact the current or future stormwater system. Currently, the Comp Plan recommends applications within the Southern Rivers Watershed and in areas of known flooding submit a preliminary stormwater study. The proposed Comp Plan amendment would require rezoning applications (including conditional rezonings) for properties throughout all of Virginia Beach to include a preliminary stormwater study, while all other discretionary applications such as Conditional Use Permits would be exempt. While this change would seem to increase the burden on applicants, staff is proposing changes to the study submittal requirements whereby if an applicant voluntarily submits a proffer that the project will abide by all state and local regulations and commits that there will be no impacts upstream or downstream, City of Virginia Beach - Comp Plan Amendment Page 2 of 2 then a more simplistic version of the study could be submitted to ensure stormwater facilities have been sized appropriately. Contrarily, if an applicant opts out of submitting such a proffer, then the applicant would need to submit a more detailed analysis that would likely include stormwater modeling to demonstrate no impact to the stormwater infrastructure upstream and downstream for staff to consider a positive recommendation of the application. A stormwater regulation workgroup with membership of City Council liaisons, City Staff, professional consulting engineers, and representatives of the development community have been discussing a variety of stormwater issues facing the city. One such issue is the contents of a preliminary stormwater study. These requirements are noted in an internal policy document rather than codified in City ordinances or within the Comp Plan. Based on this, changes to these submittal requirements can be made quickly and do not require City Council consideration or action. There was one speaker in opposition who expressed concern that expanding the requirement for a stormwater analysis for all rezonings throughout the city, rather than generally just within the Southern Rivers Watershed, could lengthen the discretionary application process. The speaker encouraged changes include Staff having the ability to use discretion, and that the workgroup find a more balanced and less prohibitive approach. Additional speakers in opposition spoke at the February 1, 2022 hearing and requested that the amendment either be delayed to be reviewed during the Comprehensive Plan update or to refer the item back to the Planning Commission for additional review. • Recommendation: On November 10, 2021, the Planning Commission, while supportive of the concept within the Comp Plan amendment, voted 11-0 to recommend denial of the amendment as they believe that additional input from stakeholders is warranted. • Attachments: Staff Report with Comp Plan Amendment & City Council Resolution Minutes of Planning Commission Hearing Draft submittal requirements for Preliminary Stormwater Analysis Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department City Manager: //I p 1 A RESOLUTION TO ADOPT AND AMEND INTO THE 2 VIRGINIA BEACH COMPREHENSIVE PLAN 2016 THE 3 STORMWATER IMPACTS FOR DISCRETIONARY LAND 4 USE APPLICATIONS 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Resolution adopted by City Council on September 7, 2021 in 10 regard to the approval/disapproval of discretionary applications for land use, was 11 passed to insure that the projects financed by the referendum passed on November 2, 12 2021 are not nullified by further discretionary land use applications; 13 14 WHEREAS, the changes required by the Resolution should be incorporated into 15 the Comprehensive Plan 2016, and are in conformity with the proposed revisions to the 16 Comprehensive Plan, attached hereto; and 17 18 WHEREAS, these changes should be adopted and incorporated as part of the 19 Comprehensive Plan 2016. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 25 is, amended and reordained by: 26 27 The adoption and amendment of the changes required by the resolution dated 28 September 7, 2021 in regard to stormwater discretionary land use applications. Such 29 documents are attached hereto and made a part hereof, having been exhibited to the 30 City Council and placed on file in the Department of Planning and Community 31 Development. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 34 day of 20 . APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: /10A-,/ -7 ) Cas,\L, Planning Depa ment City Attory's Office CA15564/R-2/November 1, 2021 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing November 10, 2021 Amendment to the City of Virginia Beach Comprehensive City of I Plan, 2016 to address stormwater impacts for Virginia Beach discretionary applications Request A Resolution to amend the Environmental Stewardship Framework of the City of Virginia Beach Comprehensive Plan, 2016,to address stormwater impacts for discretionary applications.This amendment is to be in compliance with the Resolution passed by City Council on September 7, 2021. Summary of Referred Ordinances The purpose of this amendment is to fulfill the components of the stormwater bond referendum approved by the citizens of Virginia Beach on November 2, 2021. The amendment will require rezoning and conditional rezoning applications to demonstrate no stormwater impact upstream or downstream of the proposed project or to current or planned stormwater and sea level risc resiliency flood control projects included in the referendum.To show compliance with this policy, all rezoning and conditional rezoning applications will be required to provide a preliminary stormwater analysis similar to what is currently recommended for discretionary applications in the Southern Watershed. Staff envisions that the preliminary stormwater engineering analysis should include plans and calculations that demonstrate stormwater facilities have been adequately designed and sized to ensure no off-site impacts.This simplified analysis should be combined with a potential volunteered proffer stating the site plan will conform to all applicable state and local stormwater management regulation at the time of plan submittal and will not create and impact on upstream or downstream properties or stormwater systems. Alternatively, if a proffer is not volunteered, a more comprehensive stormwater analysis to include stormwater modeling will need to be completed prior to receiving favorable recommendation from staff. By having no impact on the stormwater infrastructure, the City can continue to be resilient to future storms and still allow for new development where appropriate. The amendment also removes references in the Comprehensive Plan to the "Integrated Site Design" document which was a proposal to address resiliency through required site design elements. This document was never adopted by City Council and is not a policy that can be implemented at this time. Recommendation Staff recommends approval of this Resolution to amend the Comprehensive Plan as it will protect the City's investment in stormwater infrastructure and will meet the requirements of the Resolution to support the Bond Referendum adopted by City Council on September 7, 2021. City of Virginia Beach Agenda Item 1 Page 1 Resolution 1 A RESOLUTION TO ADOPT AND AMEND INTO THE 2 VIRGINIA BEACH COMPREHENSIVE PLAN 2016 THE 3 STORMWATER IMPACTS FOR DISCRETIONARY LAND 4 USE APPLICATIONS 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Resolution adopted by City Council on September 7, 2021 in 10 regard to the approvaUdisapproval of discretionary applications for land use, was 11 passed to insure that the projects financed by the referendum passed on November 2. 12 2021 are not nullified by further discretionary land use applications; 13 14 WHEREAS, the changes required by the Resolution should be incorporated into 15 the Comprehensive Plan 2016, and are in conformity with the proposed revisions to the 16 Comprehensive Plan, attached hereto; and 17 18 WHEREAS, these changes should be adopted and incorporated as part of the 19 Comprehensive Plan 2016. 20 21 NOW, THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 25 is, amended and reordained by: 26 27 The adoption and amendment of the changes required by the resolution dated 28 September 7, 2021 in regard to stormwater discretionary land use applications. Such 29 documents are attached hereto and made a part hereof, having been exhibited to the 30 City Council and placed on file in the Department of Planning and Community 31 Development. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 34 day of , 20_. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15564/R-2/November 1,2021 City of Virginia Beach Agenda Item 1 Page 2 Comprehensive Plan Amendment City of Virginia Beach Comprehensive Plan-it's Our Future:A Choice City November 20,2018 be taken to ensure consistency between the Comprehensive Plan and the Regional Hazard Mitigation Plan,especially related to strategies to mitigate recurrent flooding and sea level rise. Recommended Policies: Sea Level Rise,Recurrent Flooding,and Hazard Mitigation • Concentrate new development at higher elevations outside special flood hazard areas. • Use alternative construction techniques to minimize fill in the Floodplain Subject to Special Restrictions. • Wherever possible in the development approval process,avoid developing inside special flood hazard areas,especially in the Southern Watershed Area,which is characterized by limited relief and a minimal hydraulic gradient. Agenda for Future Action Recommendations:Sea Level Rise,Recurrent Flooding,and Hazard Mitigation • Develop a program to educate the public on the beneficial functions and values of floodplains. • implement the findings and recommendations of the Sea Level Wise Response Strategy. • Preserve and enhance beaches and dunes along the City's Atlantic Ocean and Chesapeake Bay shorelines. • Implement the recommendations of the Regional Hazard Mitigation Plan. LAND DEVELOPMENT AND STORMWATER MANAGEMENT Land is a precious resource,limited in amount,highly valued and often exploited,a commodity that is constantly being sold,developed,or redeveloped. As the City matures,its land inventory becomes even scarcer.Management of land in its natural state demands that we employ wise management and stewardship practices to safeguard the City's natural heritage.Similarly, developed land should be used in a sustainable manner so that its value to present and future generations is maintained or enhanced.On November 2.2021.the citizens of Virginia Beach passed a bond referendum to initiate a comprehensive financial plan to pay for the debt related to significant City-wide stormwater flood control projects.The goal of these projects is to provide for the long-term flood mitigation needs of the City. Based on the resolutionpassed by City Council on September 7.2021.it is the intent of City Council to require all rezoning and conditional rezoning requests have no impact on the current and planned future stormwater infrastructure that will help protect the City from recurrent flooding and sea level rise.Similar to the current policy for the Southern Watershed.all rezoning and conditional rezoning applications muste demonstrate by providing-a preliminary stormwater analysis no impact to the stormwater infrastructure upstream and downstream and this information shall be provided.amongst other planning considerations.to obtain a positive recommendation from staff, practices. Environmental Stewardship Framework/2-57 City of Virginia Beach Agenda Item 1 Page 3 Comprehensive Plan Amendment City of Virginia Beach Comprehensive Plan—It's Our future:A Choke City November 20,2018 The City has r ntly drafed a., e:..., Rriii-t1... 16/1,:1.,41, ..C{'....4:..•.1.. .,.7 4., ..l.,t.,41,., 2802 .a .:,.,.a:. 2nno :4, „t., i4t„ ,t t., related to landscaping and sto...,...,..4,....,,anagement • b ' architects a.,a designers c 4i e planners .1,...:.....................4..t,.,,,..,.t tl.,.ra....:t,...l.,r Environmental Stewardship Framework/2.58 City of Virginia Beach Agenda Item 1 Page 4 Comprehensive Plan Amendment City of Vkginia Death Comprehensive Plan-It's Our Future:A Choke City November 20,2018 L_ state .to 1.. ..1 ,t; .le .tatio na .1 ..♦o regulations and fees,which became effective July 1,2011.Perhaps more than anything else in feeeRt-yeaesrthese-stfite-manflated-regHlotiefis-hove-eliaoged-the-way-develfopmefit-pfejeets-aPe- flesigffeel-aiwl-aftweved-in-Virgin4a-Beaeh,-14*-aflelitienTsifiee-afleptieR-ef-the-24013-Ge+opr-eheffsive- Southern Watershed Subject to"Special Drainage Considerations" In addition,the Southern Watershed(see Southern Watershed map in Chapter 1,Section 1.5-Rural Area)is subject to"special drainage considerations."Drainage in the Southern Watershed is highly impacted by the presence of high ground water,poorly draining soils,and high water surface elevations in downstream receiving waters.Therefore,it is recommended that the developer of any property in the Southern Watersheds understand and evaluate these factors prior to undertaking the project and properly account for these factors in the project design.Receiving waters in the Southern Watersheds are subject to wind driven tidal influences.High ground water elevations and poorly draining soils can result in increased runoff,can limit the capacity of stormwater conveyance systems,and can counter the use of certain Best Management Practices,such as infiltration. All of these effects must be fully considered and evaluated in the analysis and design of drainage systems in the Southern Watersheds.Accordingly,it is strongly recommended that the developer has a preliminary drainage study prepared by a qualified professional engineer in advance of any request to approve a discretionary(versus by-right)development application that involves land disturbance in the Southern Watershed.The drainage study should fully and accurately evaluate the effects of the foregoing factors on the planned development and on upstream and downstream areas.The proposed drainage system for the planned development would provide positive drainage that meets City standards and does not result in flooding within the planned development or to upstream or downstream areas. Recommended Policies: Land Development and Stormwater Management • "Low Impact Development"design features should be incorporated into the City's major buildings and parking area projects and in all private development plans. • All waterfront development proposals in the Strategic Growth Areas(SGAs)should be coordinated with the City's Parks and Recreation Department for potential public water access(e.g.,canoe/kayak put in,parkland,plaza,etc.,)in accordance with adopted SGA Master Plans. Management Specifications and Standards. Environmental Stewardship Framework/2-59 City of Virginia Beach Agenda Item 1 Page 5 City Council Resolution REQUESTED BY COUNCILMEMBERS MOSS AND TOWER A RESOLUTION MAKING CERTAIN COMMITMENTS 2 REGARDING THE COMPREHENSIVE FLOOD MITIGATION 3 BOND REFERENDUM 4 5 WHEREAS, changing weather patterns and sea level rise as validated by National 6 Oceanic and Atmospheric Administration (NOAA 2020), the Massachusetts lhstitute of 7 Technology and the Sea Level Wise Adaptation Study have demonstrated that the in- 8 place drainage capacity, even in like new condition is: (i) severely inadequate to protect 9 the city from structures being flooded on a city-wide basis; (ii) insufficient to preclude the 10 future downgrade of the City's bond rating based on economic loss of even single one- 11 hundred-year flooding event and recovery time and (iii) the path to stagnant economic 12 growth as investors pass us by; 13 14 WHEREAS, the Sea Level Wise Adaptation Study and the City's modeling of four 15 watersheds and 15 drainage basins have validated the drainage capacity required to 16 discharge the water of a one-hundred year storm event(a storm event with a 1% annual 17 exceedance probability) to prevent flooding of homes and businesses accounting for 1.5 18 feet of sea level rise and a high tide of 2.3 feet over mean average high tide of 1.8: 19 20 WHEREAS the City staff has sufficiently scoped out the engineering material 21 solution for a referendum quality cost estimate for eliminating the backlog in ma ntenance 22 of legacy ponds, ditches, and canals and the installation of 21 named projects on the 23 bond referendum question: 24 25 WHEREAS at the end of the ten-year period in 2032 eight percent of the City will 26 qualify for preferred FEMA flood insurance risk due to completion of the twenty-one 27 named projects in the bond referendum question and elimination of the backlog in the 28 maintenance of the City's legacy ditches, canals, and ponds; 29 30 WHEREAS. at the ten-year build out, Phase Two will commence to achieve 31 Virginia Beach high and dry in 2045: 32 33 WHEREAS, meeting the existential threat of flooding will improve the quality of life 34 for residents, and a competitive advantage for a growing economy will be sustained: and 35 36 WHEREAS, the City Council previously directed the City Manager to create a 37 dedicated webpage on the City's website that includes each of the Phase 1 projects and 38 the progress - by dollar amount spent and by milestone achieved -toward completion of 39 such protects and to provide quarterly reports to the City Council providing updates 40 regarding the execution of the projects if the referendum question is answered in the 41 affirmative; 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA THAT: City of Virginia Beach Agenda Item 1 Page 6 City Council Resolution 45 46 The City Council urges the residents to carefully consider the issue of flood 47 mitigation and plan to vote in November To assist in the residents deliberations the City 48 Council makes the following commitments which wth the exception of #4, will be 49 delivered within three weeks 1 the residents approve the referendum question in 50 November: 51 52 1. The City Council will adopt a comprehensive financial plan to pay for the 53 authorized $567,500,J00 of general obligation debt, which will include the 54 following: 55 a. The authorized debt to be repaid by a real estate tax increase of 4.3 56 cents for twenty-year debt based on an average annual increase of three 57 percent in the City's taxable real estate based on the 1 July 2021 land 58 book. 59 b. The financial plan shall create a single appropriation unit into which all 60 bond proceeds are deposited and a single appropriation unit into which 61 all revenue derived from the increase in real estate taxes are deposited. 62 Such fund shall provide all deposit and withdrawal information with 63 sufficient granularity for oversight by the City Council and the Citizen 64 Oversight Board. 65 c, In furtherance of the long-term flood mitigation needs of the City, the 66 general obligation bonding capacity created by the retirement of the debt 67 authorized by the November 2021 referendum shall be reserved 68 exclusively for the issuance of bonds to finance Phase 2 of the City's 69 flood mitigation program and subsequent sea level rise projects. 70 71 2. The establishment of a Citizen Oversight Board composed of seven members 72 that shall have access to all financial, contract documents, acceptance and 73 deliverable testing and certifications documentation, and shall receive a 74 monthly briefing from the City Manager, Quality Assurance Officer, and the 75 Contractor's program manager and quality assurance officer and shall give a 76 public brief to the City Council every two months on the twenty-one named 77 projects in the bond referendum question and the elimination of the backlog in 78 the maintenance of the City's legacy ditches canals, and ponds. 79 80 3. An amendment to the City's Comprehensive Land Use Plan that will 81 recommend denial for any project or development that generates a net increase 82 in water discharge demand in any watershed or in any drainage system in 83 watershed over the capacity of net of margin to meet the modeled discharge 84 baseline of the drainage system at build-out, and further requiring the Planning 85 Department to recommend denial of any submission that does not conform to 86 the former. 87 83 4. The City Manager is to develop and present to the City Council an acquisition 89 strategy that seeks to streamline and expedite design and construction of the 90 twenty-one flood mitigation projects, includinc using a single prime contractor. City of Virginia Beach Agenda Item 1 Page 7 City Council Resolution 91 watershed bundling, and project bundling The City Manager is to also acquire 92 a separate contractor bonded to conduct quality assurance and recommend 93 deliverable acceptance 94 95 5. The City Attorney shall prepare an ordinance that freezes the Stormwater 96 management fee through 2028, 97 98 BE IT FURTHER RESOLVED, THAT: 99 100 The City Council is in agreement that the following reflects the course of action to 101 be pursued if the November referendum is answered in the negative: 102 103 1 . The City will prioritize funding to eliminate the backlog in the maintenance of 104 ponds, ditches, and canals and sustaining the required maintenance cycles: 105 2. The City will continue the planned increases in he Stormwater management fee 106 and issuance of revenue bonds for stormwater projects, such fees to be increased 107 as necessary to support the authorized projects and additional bond costs 108 associating with revenue bonds, 109 3. While flood risk remains, the Phase 1 projects will be pursued over the following 110 forty years. and the perils and risks associated with this timeline incluce severe 111 weather events, increased flood insurance premiums. companies locating and 112 relocating elsewhere, potential reduction in the City's bond rating, and horse 113 va ues adjusted to reflect the cost of flood insurance; 114 4 The work associated with the Phase 1 projects will increase over time as cost of 115 cohstruction increases. and the borrowing costs may not be as favorable as today; 116 and 117 5. Rainfall events will continue to happen during the longer forty-year delivery 118 schedule for the Phase 1 Projects with the probable outcome of flooding to homes 119 and businesses. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2021 APPROVED AS TO LEGAL SUFFICIENCY: j/, , _ C. ( ney's Office CA15526 R-3 September 1 2021 City of Virginia Beach Agenda Item 1 Page 8 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 1 City of Virginia Beach, a Resolution to amend the City of Virginia Beach Comprehensive Plan 2016 to address the citywide stormwater impacts for discretionary land use applications. RECOMMENDED FOR DENIAL— HEARD Madam Clerk: Thank you, Mr. Chair. Our first agenda item is agenda item number one, City of Virginia Beach, a resolution to amend the City of Virginia Beach Comprehensive Plan 2016 to address city-wide stormwater impacts for discretionary land use applications. David Weiner: Welcome. Ms. Bookholt: Thank you. Good afternoon, Commissioners. I'm Carrie Bookholt. I'm the Development Services Center Administrator, and I'm here to bring forward a proposed amendment to the Comprehensive Plan, which is necessary to fulfil the components of the recently passed City Council Resolution and Bond Referendum. On September 7th, City Council passed a Resolution that stated should the Bond Referendum pass, the Comprehensive Plan would be revised or amended within three weeks to include language that would essentially require projects that come before you for a discretionary request, not create an impact or increase demand in the stormwater system. Our staff report proposes the language that we would like to amend the Comprehensive Plan, and it states that based on the Resolution by City Council, all rezonings and conditional rezonings should demonstrate no impact on current or future in stormwater infrastructure, and must provide a stormwater analysis, demonstrating this has no impact as part of their Planning Commission application process. The amendment also removes any reference to the Integrated Site Design Guide which is a policy document that was not adopted by City Council and is not in place at this time. The Planning Department and Public Works Department have been hosting a series of storm water workshops with a focus group to include CVBIA, which was the former TBA group, consulting engineers, developers, and two City Council liaisons. And this amendment was discussed at length in those meetings, it was decided that the amendment would only apply to rezonings or conditional rezonings. The City Council staff liaisons were comfortable and staff was comfortable that should a proffer be volunteered for a conditional rezoning project, that a less intense storm water design, preliminary design, could be submitted through our office before receiving a positive recommendation. So with that, we had to act quite quickly. The resolution that was passed in September, only gave us three weeks to get this before you and to City Council, should the bond referendum pass and it did. So even with us being on the agenda for December 7th for City Council, we're a week behind, but we had to act quickly. We did propose, I do want to reiterate, we sent our proposed language to our stakeholder group, including CVBIA. We received one minor comment back. We amended the proposed language to include their comment. And then we received reassurance that they were on board with the proposed language that we presented in our staff report today. Any questions? 1 David Weiner: Mr. Redmond? Dave Redmond: Who gave you that reassurance? I have to tell you I've heard quite otherwise. Ms. Bookholt: So, Claudia Cotton is the representative that we've been communicating with, as the representative for CVBIA. Dave Redmond: Okay, well,just so you know, I got a telephone call right after our informal meeting saying, meant to call you earlier about this, but we were very uncomfortable with the speed at which this is moving and feel like this process has been somewhat disingenuous. There are folks who are part of that stakeholder group, that you describe, that don't feel that this has been entirely proper and that it is moving too fast and that they were surprised by the language that I think we were surprised by. So I don't mean to criticize you, but I think the suggestion that everything is copacetic with regard to, that the stakeholder group, which I don't know, other than the person who called me, I don't know anybody who was on it. Nobody from the Planning Commission, I understand, was on it. I think, I have been told something quite different than that and this very morning. So, that gives me great pause and I'm sure that City Council will be hearing comments to that effect. So, certainly is going to, well, we're going to get into this discussion here shortly, but I just wanted to put that on the record. It's not comfortable for me to do it, but that's what I'm hearing and people reaching out to me saying just that. Ms. Bookholt: Understood. Dave Redmond: Thank you, Mr. Chairman. David Weiner: Yes, ma'am? Madam Clerk: We have one speaker... David Weiner: Yes, ma'am. Okay. Anybody with the comments? Dee Oliver: No, I mean, other than, and I guess I can wait for close, but just to reiterate what I had stated earlier this morning,just so that we do have it on the record, so to speak. And again, appreciate all your time and effort presenting all of this and your work on it. But the stakeholder meetings that I think and correct me if I'm mistaken, that you'd said that were weekly for about a month, it's unfortunate that the Planning Commission had not been included in those for something that's getting ready to be put into the Comprehensive Plan, which is something that we haven't seen in three years. Not to mention that along with that, there's a Resolution that was put forth and I'm not quite sure, I haven't been briefed, or I don't know who on the Commission has in more, in-depth of where that resolution that came from one of our council members, I believe it was Mr. Moss. How that speaks to this. And are they still two separate or have they been in integrated because the wording in that was completely different than the wording in this. So, I stand along with Commissioner Redmond on that, that it gives me great pause because I have been in many other board meetings with the same stakeholders and those same people have not expressed thumbs up on this, by any stretch of imagination. So I 2 would like more time to be briefed on this, so that we have a better understanding of where we are. Because this is extremely important, as we all know going forward. Ms. Bookholt: And I should clarify that, when I say that we had consensus, it wasn't, as it relates to the Resolution. The Resolution with the language that was included was done at City Council level on September 7th. So the consensus that we achieved last week, via email, as we were passing the language back and forth was the language that's proposed for the Comprehensive Plan. So they're very, well maybe some folks that aren't on board with the Resolution language, but that has already been passed. Dee Oliver: Right. And so it's just a little not, I'd like to see it a little more straightforward. I'd like to see everything, basically, is when it comes down to it. But again, I appreciate all your effort and hard work. David Weiner: So I have a question. So the language in that we have here compared to the language that was in the Resolution, put that together for us? Ms. Bookholt: So the language in the Resolution was written a little bit looser. And so we met with the Council liaisons. We met with Councilman Moss to talk about what that would look like in practice. And in practice, we discussed applying a preliminary storm water analysis requirement to conditional rezonings, or rezonings only, instead of all discretionary applications, since it's those two types of applications that could change the land cover characteristics the most. And it was through those discussions as well, that they agreed that they would be open to a less intense preliminary analysis. And essentially just reiterating that we would not be creating any impact or any demand, that if the City is going to spend half a billion dollars on flood protection projects, that we don't want to rezone out that capacity of the system. David Weiner: And I got another question. Why did it have to be... Not putting you on the spot or anything, but why did it have to be three weeks? There was a reason why it had to be three weeks after the referendum question? Ms. Bookholt: That I do not know. That's how it was written in the City Council's Resolution. I'm not sure if the attorney has any other... Ms. Wilson: I have no insight. David Weiner: No. Okay. And I'm just curious... Ms. Bookholt: That's how it came down to us. David Weiner: As Mr. Redmond said earlier today, I mean, that's like three seconds or whatever, however you put it. It's crazy to me it's quick. Okay. All right. Just that's good. Yeah, we have one speaker. Michael A. Inman: I got plenty to say. 3 Madam Clerk: Eddie Bourdon David Weiner: Welcome, Mr. Bourdon. Eddie Bourdon: Thank you, Mr. Chairman. For the record, Eddie Bourdon, Virginia Beach attorney, land attorney, been practicing in Virginia Beach for 37 years. First of all, I was at the City Council meeting when this Resolution was adopted, but there was no opportunity for anybody to discuss. And frankly, couldn't be more ecstatic and proud of our City for having approved the referendum 70% plus. And I frankly don't think anybody at that point who cares about the future of the Virginia Beach was going to stand up and start asking questions about what they were doing. So, but this is a different circumstance. This is a deliberative body that is here for the purpose of the Comprehensive Plan. I didn't know anything about these meetings every Friday, either. I obviously know they didn't include anybody on the Planning Commission and, some of this, I'm not opposed to it, but I'm definitely concerned about, there hasn't been enough deliberation and enough input from people who might have a little bit of, and I'm not suggesting that Councilman Moss or Councilman Jones don't, but this has been half baked. The northern part of the City, which is what this applies to, is 95% developed. And there's hardly any zoning up there that's agriculture. And so the idea that we're going to have, well, and let me back up before I get into that, rezonings. Not conditional rezonings, rezonings. No one's done an analysis of the rezonings that have come forward in the last five or 10 years, because I can assure you that there have been almost none and those that have come, they're typically down zonings of already developed properties. So, but I don't understand why we put rezonings in there because if you're going to, to create, I think, Carrie used the word drastically, or even significantly increase impervious surface with a rezoning, I don't think there's been any of those. Now with a conditional rezoning, that's conceivable. Certainly is a case in the southern part of the city, middle part of the city. But I don't think there's been a lot of, I mean any analysis of what the impact of this, basically a moratorium on rezonings might be. And I certainly, I'm not opposed to the idea, although we have to do this anyway. I mean, the site plans got to be done anyway. So you're basically telling somebody who might have a very... And let me back up, Hackers today. And there's another one that recent, oh, Pembroke Mall. They don't have to worry about this because they're reducing their impervious surface by 10%. And that takes it out, you don't have to worry about that. If that came along today, I don't know that that's covered in here, maybe it is. I'm not sure that it is, but they don't have to comply because they're reducing by 10%their impervious surface. So, and you got all these other people who can add on to stuff that's already zoned and they have to do the same thing, go through of the site plan and still comply. So it's like, we're adding an extra layer of handcuffing or because you got to come in and if you want to rezone your property and you don't want to spend thousands of dollars before you can even get here, you have to say, well, we will meet the requirements. Well the word no, is important, no impact. Well, these models are not meant for going in the weeds to that point. And I went on today's agenda, it's taken us a year and a half. And I'll explain that when we get to Atlantic Development, we don't get any credit for saving 89 acres of tree forested land. No, no, at all. And we can't have one 100th of an inch, which isn't even measurable, leave the property. Okay. So no, and if there's not at least the tiniest amount of discretion on the part of our professional staff, we are basically saying we're not open for business and that's what I'm concerned about. And I think there's some ways that this can be, at least, come across as being less prohibitive and more balanced. 4 David Weiner: Does anybody have any questions for Mr. Bourdon?Any questions? Eddie Bourdon: Thank you. David Weiner: Thank you, sir. Appreciate it. Well, I guess we can just close this and get right into it with us. We'll close it and start comments. Who's going first? Mr. Inman. Michael Inman: Well, as I said, in the informal session, we are taking this on, with virtually no notice. This is the Comprehensive Plan amendment. This is a big deal, but we all know that. The intent of what is going on in this Comprehensive Plan amendment is good. I mean, we all are, we're very aware of the storm management issue. We all want City of Virginia Beach to be open for business. It's getting a reputation of not being open for business, part because of our storm water management implementation. So, it's really important to get this right. And here we've had no invitation to, as a body, to participate in all these deliberations that have taken place. No idea that they were going on, even through a public, we weren't advised that we could even go attend. A Resolution was passed in September by City Council to move forward with this Comprehensive Plan amendment, as I'm understanding it. But not until the referendum passed, if it passed, which thankfully it did. Okay. So then we got three weeks. Who thought of that? I don't know. I mean, it's in the operation of a municipality, the size of Virginia Beach. Making a storm water decision in three weeks seems preposterous to me. I know we're in a hurry. I know it's important. So, we didn't know about the Resolution. We got the language late last week in our package to study and without any real background and the intent is good, but the devil is in the details, we all know that. It's a legal document, it's a Comprehensive Plan. So I can't imagine how we could... I would not be able to vote in favor of it today. David Weiner: Mr. Redmond? Dave Redmond: Well, a little bit different from what Mike said. The thing that I struggle with here is I think you're exactly right. And I hate to have to say it, but this City is getting a reputation for not being open for a business, in a lot of different ways. And that I think is probably a conversation where you need to have it. I know we are having it at some levels, but we need to have a bigger one. And this is part of it. But the notion that there is a process for amending the Comprehensive Plan. Now I get that City Council calls the shots around here. No disputing that, right? This is their prerogative, I understand that. The City Council can certainly amend their three week deadline for figuring this out. As I said this morning in the informal session, we're not going to spend 568 million bucks in the next three weeks. All of these projects have an enormous amount of engineering to be done, before they get underway still. And so I just don't understand the rush involved in that. And just today, somebody who was supposedly involved in these discussions, they feel like it has been all together too rushed. So I'm not offended that the Planning Commission isn't involved in a panel or a discussion or something like that. I certainly think that probably would've been preferable, but I mean you don't want to include us. I'm not going to feel like I didn't get invited to prom or something, but I still think like Mike does,that this really could have been done a lot better. And if you've got them with a Comprehensive Plan, there's a process to do that, that's much more deliberative than this. This is the bums rush, trying to do something much more quickly than it needs to be done. And stuff doesn't get done right that way. And so that's my concern about it as well. So, I 5 think, I would, in Mike's camp as I often am, but I'm in Mike's camp, that I'm not comfortable supporting this today. If you only got two choices, yes and no. I'm a no, for those reasons. So it doesn't make sense, Ms. Wilson, and I respect her too. Ms. Wilson says it doesn't make sense to defer it, in which case we got one or two choices.And I'm just not able, frankly, with those concerns to be able to support it. Thank you. David Weiner: Mr. Graham? Whitney Graham: I agree with my fellow Planning Commissioners. I, too, will not support this. I just feel like it was too rushed. I hear all the time that from other developers that feel that City of Virginia Beach is difficult to do business in. The storm water models, it takes forever. You do model after model after model, it's very expensive. It's not just submitting a storm water model. There's back and forth, back and forth, back and forth. And it's expensive. And I'm concerned that it's going to really shut down any redevelopment in the city. I just don't think it was well thought out. And I feel like it's too rushed and I will not support this. David Weiner: Ms. Bradley? David Bradley: I got a question for Ms. Bookholt, if it's okay. David Weiner: Sure. She doesn't mind coming back up, do you? David Bradley: So just, obviously, 70 plus percent of the voters approved it. So, this is an important issue to our citizens. And I was talking to you a little bit after the informal. So, in the southern part of the city, this process already exists. In the northern part of the city, this is where this would be implemented. But as the previous speaker said, there's probably not much opportunity because it's already fully developed. And I guess, maybe my question is, when you get to site development review, is anything changing because of this? Because that's where I think the rubber really hits the road on implementation of these things. Ms. Bookholt: Right. The same type of analysis is still required at a site plan level. The type of analysis is not going to change. The only thing that would change is that for projects, if you came across a property where there was capacity in our existing storm water system, which is rare to find, in that case, you would not be able to increase the flooding levels. So, the same process is still going to exist. The only thing that would change is that you would have to hold to that same exact... David Bradley: Meaning, you have to be able to show that you have no impact on storm water for your individual... Ms. Bookholt: From your individual project. You haven't increased the demand leaving into our public system from your project. So that'll be required. Yes. David Bradley: Thank you. 6 David Weiner: Wait here. I don't think personally, we don't really have a... There's a little bit of an issue of how the process is, but I think more than anything, we're just trying to rush this through and we've never rushed anything through before on a Comprehensive Plan, because this is something we take our time and look at and vette and talk to people and things like that. But one question I wanted to ask you, last speaker said about the 10% pervious and they didn't have to worry... What do they... When it's 10%, they're taking away 10% of pervious parking, what does that do? Ms. Bookholt: So, that they can satisfy certain storm water requirements by reducing their impervious cover. And even if projects moving forward, if this were to, if the Comprehensive Plan is to be amended, if you reduce the impervious cover on your site, your analysis is much less complicated, and you can satisfy your storm water requirements by providing a reduction in impervious cover. David Weiner: Okay. So that didn't change at all? Ms. Bookholt: No. David Weiner: Okay. Just want to make sure. Ms. Bookholt: Yes. David Weiner: Any other questions for? Okay. Thank you, ma'am. Ms. Bookholt: Thank you. David Weiner: Any other questions or concerns or talk? So, I'm torn, I'm really upset of the fact that we're rushing this through, but the Ordinance already been passed by Council. It's some stuff we already do anyway. I don't think that's the issue. I just don't like the part that it's rushing through. I don't like that. And I think we need to sit back and look on it. So, I'm not going to support it either. So anybody wants to make a motion. Somebody? Michael Inman: I'll make a motion. David Weiner: Okay. Make a motion. Michael Inman: I make a motion that we turn down the Resolution to amend the Comprehensive Plan on item number one. David Weiner: Right. You have a motion. Have a second? Whitney Graham: I'll second. David Weiner: Right. We have a motion by Mr. Inman, a second by Mr. Graham. 7 Madam Clerk: Okay. The motion is to deny. Vote is open. By recorded vote of 11 in favor and zero against, agenda item number one has been denied, recommended for denial. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 8 City ofViryinia Beach NiTBPlanning & Community Preliminary Stormwater Analysis Development Requirements Development Services Center, DSCPvbeov.com (757)385.4621 Overview:The guidance below is to be utilized if Preliminary Stormwater Engineering Analysis(PSW Analysis)is submitted in conjunction with a discretionary land use application to be heard before Planning Commission and City Council. The receipt of the PSW Analysis by city engineering staff is necessary so staff can review and understand the potential impacts of the project on the stormwater system and neighboring properties and include those findings in the staff reports to Planning Commission and City Council. When the PSW Analysis submittal is made,the review is completed by the DSC Civil/Stormwater Engineering team, with an expected review time of three(3)weeks. Any unresolved issues are communicated to the applicant and the design engineer.When the project moves forward to Planning Commission,the staff report will include a narrative regarding the viability of the project from a stormwater design perspective. Submittal Requirements: • Stormwater Management Narrative to include a description of the existing drainage patterns and the proposed stormwater design. • Proposed Preliminary Site Plan including: 1. Layout depicting all proposed improvements(buildings, parking, retaining walls,etc.) 2. Stormwater management facilities (SWMF), outfall (or connection to existing public drainage system), proposed public storm sewer system (when applicable) 3. Average existing elevations and proposed elevations of the lots,dwellings,and streets 4. Proposed estimated height and volume of fill needed for the project(if applicable) • Supporting Information including: 1. Soil analysis—Soil borings to determine potential groundwater impacts are recommended, but not required. At a minimum, provide NRCS soil classification information. 2. Existing and proposed drainage area maps 3. Time of concentration and land cover calculations 4. Water quality calculations(if needed);VRRM spreadsheet • Water Quantity Analysis using one of the following two options for design: Option 1 allows for a less detailed preliminary design and may be utilized if a proffer or condition is volunteered by the applicant that states the site plan will conform to all applicable state and local stormwater management regulation at the time of plan submittal and will not create and impact on upstream or downstream properties or stormwater systems. 1. Demonstrate a reduction in the peak flow rate at the point of analysis from the pre-development to post- development condition based on the following: a.Designer may use any design that utilizes the 24-hour design storm. b.Staff will provide a variable tailwater from the City's master drainage study to be used as the starting point for each analysis. c.Include analysis of 2-year, 10-year,and 100-year storm events. Preliminary Stormwater Analysis Requirements—November 2021 Page 2 of 2 Option 2 requires a more detailed analysis so staff can verify no impact to upstream and downstream properties and to the public stormwater system if a proffer or condition is not volunteered by applicant or if reduction in peak flow rate can not be achieved. 2. Demonstrate requirements for channel protection,flood protection,design storm,and check storm are met a.Calculations only need to account for BMP routing and outfall to point of analysis b. If using a City Master Drainage Study submodel as basis of design,the following is also required: i. Copy of the original provided model files ii. Copy of the modified existing condition model files iii. Copy of the proposed condition model files iv. List of all changes made to the model files,with explanation for each v. Drainage area maps to include 3 flow paths for each subcatchment to determine flow width vi. Table to summarize peak HGL comparison at each node impacted by the project Preliminary Stormwater Analysis Requirements—November 2021 Page 2 of 2 M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PLANNING COUNCIL PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER APPEAL BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to 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=e5db3ce92116449121 c6b9c4d1 d610d80 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on February 15, 2022. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/01/2022 PAGE: 1 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I 0 C A DNC O M O O L O C N Y L ONOUWS T HCEEME S S EOE I H R YBS S ERNN CITY COUNCIL'S BRIEFING A. GENERAL ASSEMBLY LEGISLATIVE UPDAT Debra M.Bryan, Legislative Affairs Liaison II- CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y AY Y YYY VI. A-E F. MINUTES 9-0 Y Y Y Y Y AYY Y A Y B 1. INFORMAL and FORMAL SESSIONS APPROVED S January 18,2022 T A N E D G. PUBLIC COMMENT 4 SPEAKERS 1. LEGISLATIVE REQUEST TO ADD AMENDMENT OF THE MARRIAGE PROVISION OF THE CONSTITUTION OF VIRGINIA (Requested by Council Member Berlucchi) H. PUBLIC HEARING NO SPEAKERS 1. EXCHANGE OF EXCESS CITY PROPERTY 2393 North Landing Road to Princess Anne Village,LLC (Approximately 43,140 sq. ft. of City-owned property) ADD Ordinance to CONFIRM the Declaration of a ADDED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y ON Local Emergency re Winter Storm Kenan CONSENT J.1. Ordinance to DECLARE approximately 43,140 ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y square feet of City property at 2393 North Landing CONSENT Road in EXCESS of the City's needs and AUTHORIZE the City Manager to EXECUTE all disposition and exchange documents with Princess Anne Village, LLC and Kellam and Eaton,Incorporated re Foxfire Trail J.2. Resolution to AMEND (Deferred from January ADOPTED 10-0 Y Y Y Y Y A Y Y Y Y Y 18,2022): a. Chapter 8-Stormwater Management of the Public Works Design Standards Manual re bring into compliance CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/01/2022 PAGE: 2 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I O C A DNCOMOOL O CNYL ONOUWS T HCEEME S S EOE I H R YBS S ERNN J.2. Ordinances to AMEND(Deferred from January ADOPTED,AS 10-0 Y Y Y Y Y AYY Y Y Y 18,2022): AMENDED b. Sections 1-3,1-6,1-12,1-13, 1-14,1-15,1-21,1- 26, 1-28 and 1-30 City Code, Appendix D re Stormwater Appeals Board c. Sections 1.1, 1.2, 1.3, 1.8,2.1,2.2,2.3,2.4,2.8, 2.11,3.1,4.1,4.2,4.3,4.4,4.6,4.8,4.9,4.10,5.1, 6.1 and 6.3 City Code Floodplain Ordinance, Appendix K re housekeeping the deletion of Public Works requirements and the addition of a Coastal A Zone and a Coastal High Hazard Zone J.3. Ordinance to CONFIRM the Declaration of a ADOPTED,BY 10-0 Y Y Y Y Y AYY Y Y Y Local Emergency re Winter Storm Jasper CONSENT J.4. Resolution to DECLARE 1049 and 1053 Virginia ADOPTED,BY 10-0 Y Y Y Y Y AYY Y Y Y Beach Boulevard to be a Revitalization Area re CONSENT qualify for Virginia Housing Financing J.S. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y AYYY Y Y encroachments into portions of the City's right-of- CONSENT way known as 36th Street and Atlantic Avenue (commonly referred to as the"City Greenbelt") adjacent to 3601 Atlantic Avenue by Belvedere Hotel Investments Associates, LLC re install and maintain a seat wall,landscaping,storm drain,concrete flume and irrigation system DISTRICT 6—BEACH J.6. Ordinance to ESTABLISH Capital Projects 1-030 ADOPTED 9-0 Y Y Y Y Y A A Y Y Y Y and 1-031 and APPROPRIATE$54,938,822 in B FY 2020-21 Schools Reversion and Revenue S Sharing Formula Funds E (Requested by Vice Mayor Wilson) N T *Council Member Moss filed an Abstention letter but stepped out during the vote. J.7. Ordinance to AUTHORIZE longevity and ADOPTED,BY 9-1 Y Y Y Y Y ANY Y Y Y college incentives for the sworn employees of CONSENT the Fire Department and Emergency Medical Services, as well as Employees in the Emergency Communications Division of Emergency Communications and Citizen Services and TRANSFER $1,216,553 from vacancy savings within the General Fund to the FY 2021-22 Fire Department,Emergency Medical Services,Division of Emergency Communications and Citizen Services Operating Budgets J.B. Ordinance to CONFIRM the Declaration of a ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Local Emergency re Winter Storm Kenan CONSENT K.I. Resolution to ADOPT and AMEND the DEFERRED TO 8-2 N N Y Y Y AYYY Y Y Virginia Beach Comprehensive Plan 2016 re FEBRUARY 15, Stormwater Impacts for Discretionary Land 2022 Use Applications (Deferred from January 4, 2022) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/01/2022 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L J R T I 0 C A DNC O M O O L O C N Y L ONOUWS T HCEEME S S E OE I H R Y B S S ERNN L. APPOINTMENTS RESCHEDULED B Y CON SENS U S 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD ARTS AND HUMANITIES COMMISSION Appointed: 10-0 Y Y Y Y Y AYY Y Y Y Alicia Phillips Unexpired thru 6/30/2022 4 Year Term 7/1/2022-6/30/2026 BAYFRONT ADVISORY COMMISSION Reappointed: 10-0 Y Y Y Y Y AYY Y Y Y Walter Graham- Representing Lynnhaven District —Planning Commission Member 2/1/2022- 12/31/2022 BIKEWAYS AND TRAILS ADVISORY Reappointed: 10-0 Y Y Y Y Y A Y Y Y Y Y COMMITTEE Dee Oliver- Representing Planning Commission 1 Year Term 1/1/2022- 12/31/2022 COMMUNITY ORGANIZATION GRANT Appointed: 10-0 Y Y Y Y Y AYYY Y Y (COG)REVIEW AND ALLOCATION Dean Densmore- COMMITTEE Unexpired thru 8/31/2022 3 Year Term 9/1/2022-8/31/2025 HISTORICAL REVIEW BOARD Appointed: 10-0 Y Y Y Y Y AYY Y Y Y Hayden DuBay 3 Year Term 2/1/2022-1/31/2025 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/01/2022 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L J R T I 0 C A DNC O M O O L O C N Y L ONOUWS T HCEEME S S EIDE I H R Y B S S ER N N HOUSING ADVISORY BOARD Appointed: 10-0 Y Y Y Y Y AYY Y Y Y Philip Kazmierczak- Representing Citizen Member Unexpired thru 9/30/2023 MILITARY ECONOMIC DEVELOPMENT Reappointed: 10-0 Y Y Y Y Y AYY Y Y Y ADVISORY COMMITTEE Gregory Nosal 5 Year Term 3/1/2022-2/28/2027 OCEANA LAND USE CONFORMITY Appointed: 10-0 Y Y Y Y Y AYY Y Y Y COMMITTEE John Rousch- Representing resident in APZ-1 5 Year Term 2/1/2022-1/31/2027 OPEN SPACE ADVISORY COMMITTEE Appointed: 10-0 Y Y Y Y Y AYY Y Y Y Linwood Branch Council Liaison SOCIAL SERVICES ADVISORY BOARD Appointed: 10-0 Y Y Y Y Y AYY Y Y Y John Moxen Unexpired thru 6/30/2022 4 Year Term 7/1/2022-6/30/2026 TRANSITION AREA/INTERFACILITY Reappointed: 10-0 Y Y Y Y Y AYY Y Y Y TRAFFIC AREA CITIZENS ADVISORY William Brown- COMMITTEE Representing Development Authority 3/1/2022-8/31/2024 M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 7:35 PM OPEN DIALOGUE 2 SPEAKERS 7:43 PM