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Home My WebLink About9-6-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large 0.11A•B, ,., VICE MAYOR ROSEMARY WILSON,At Large S4 MICHAEL F.BERLUCCHI,Rose Hall—District 3 0 ~ LINWOOD O.BRANCH,Lynnhaven—District 5 �/ e` 2 J� BARBARA M.HENLEY,Princess Anne—District 7 U \ S N.D. "ROCKY"HOLCOMB,Kempsville—District 2 ? ; DELCENO C.MILES,Bayside—District 4 �_ JOHND.MOSS,At Large '+r et" AARONR.ROUSE,At Large °' °u. Moo"s GUYK TOWER,Beach—District 6 SABRINA D. WOOTEN,Centerville—District 1 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—SUE CUNNINGHAM FAX(757)385-5669 CITYAUDITOR—LThID ON S.REMIAS September 6,2022 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CITY COUNCIL BRIEFING - Conference Room- 2:30 PM A. PARKS &RECREATION SPORTS MANAGEMENT UNIT OVERVIEW Michael Kirschman, Director—Parks &Recreation (Requested By Council Member Wooten) II. CITY COUNCIL LIAISON REPORTS 3:00 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:15 PM IV. CITY COUNCIL AGENDA REVIEW 3:30 PM V. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Chaplain Deborah Quam Virginia Beach Police Department, Second Precinct C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 16, 2022 2. FORMAL SESSION August 23, 2022 G. PUBLIC HEARINGS 1. ACQUISITION,BY AGREEMENT OR CONDEMNATION Construct a City Pump Station re Eastern Shore Drive Drainage Improvements Section 1D Lynnhaven Drive Pump Station Project 2. CHANGE THE CENTRAL ABSENTEE PRECINCT FOR THE NOVEMBER ELECTIONS to Building 23 within the Municipal Center H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance to ADD Article XVI to City Code Chapter 35 re establish disposable plastic bag tax(Requested by Council Member Tower) Deferred from July 5, 2022 2. Resolution to DIRECT the City Manager to submit a grant application re the Virginia Beach Trail(Requested by City Council) 3. Resolution to APPROVE the School Board's entry into an Interim Agreement re the design work at Princess Anne High School, B.F. Williams/ Bayside 6th, and Bayside High School (Requested by Virginia Beach School Board) 4. Ordinance to AMEND City Code Section 10-1 re change the Central Absentee Precinct location to Building 23 for the November Elections 5. Ordinance to EXTEND the date for satisfying the conditions re closing a 10,645 square foot portion of right-of-way known as Lord Dunmore Drive 6. Resolution to APPROVE the FY2023 Performance Contract with the Commonwealth of Virginia re mental health, developmental, and substance use disorder services 7. Ordinance to APPROPRIATE $532,319 to the FY2022-23 Clerk of the Circuit Court Operating Budget re technology related expenses 8. Ordinance to APPROPRIATE $276,903 from the Police Federal & State Seized Assets Special Revenue Fund Balance to the FY2022-23 Police Department Operating Budget re to purchase three (3) canines, specialty vehicles, and training 9. Ordinance to ACCEPT and APPROPRIATE $90,580 from the Department of Motor Vehicles (DMV) to the FY2022-23 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime, equipment expenses related to speed enforcement 10. Ordinance to ACCEPT and APPROPRIATE $54,530 from the Virginia Department of Education (VDOE) to the FY2022-23 Parks and Recreation Operating Budget re support early childhood programs at Princess Anne, Bow Creek, Kempsville, and Williams Farm Recreation Centers 11. Ordinance to ACCEPT and APPROPRIATE $47,200 from the Department of Motor Vehicles (DMV) to the FY2022-23 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime, training, and equipment expenses related to the DUI enforcement 12. Ordinance to ACCEPT and APPROPRIATE $34,349 from the Library of Virginia to the FY 2022-23 Public Library Operating Budget re purchase books and other materials for the City's Public Libraries print and digital collections 13. Ordinance to ACCEPT and APPROPRIATE $29,400 from the Department of Motor Vehicles (DMV) to the FY2022-23 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime related to enforcement of seat belt and occupant protection laws 14. Ordinance to ACCEPT and APPROPRIATE $21,000 from the Virginia Department of Behavioral Health and Developmental Services to the FY2022-23 Department of Human Services Operating Budget re assist nine (9) individuals in the community for health and household needs 15. Ordinance to ACCEPT and APPROPRIATE $4,673 from the Virginia Department of Behavioral Health and Development Services (DBHDS) to the FY 2022-23 Department of Human Services Operating Budget re Projects for Assistance in Transition from Homelessness (PATH) Program J. PLANNING 1. REED ENTERPRISES INCORPORATED ONE, A VIRGINIA CORPORATION & LIBERTY TRANSMISSION & AUTO CARE, INC., A VIRGINIA CORPORATION for a Modification of Proffers to a Conditional Rezoning & Conditional Use Permit re auto repair garage at 3041 Holland Road DISTRICT 2 (Formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 2. JOYCE NELSON/SHELLEY GRAY SWEITZER& SUZANNE GRAY for a Conditional Change of Zoning from Conditional B-2 Community Business District to Conditional AG-2 Agricultural District re single-family dwelling at 2748 West Landing Road DISTRICT 2 (Formerly District 7—Princess Anne) RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 3. TFJG CANOPY, LLC / SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from A-12 Apartment District to Conditional B-4 Mixed Use District re redevelop the property with up to 132 multi-family dwelling units and commercial use at 1413 Laskin Road DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 4. T-MOBILE & CITY OF VIRGINIA BEACH for a Conditional Use Permit re communication tower at 2068 Landstown Centre Way DISTRICT 2 (Formerly District 7 — Princess Anne) RECOMMENDATION: APPROVAL 5. WORLD FAMOUS OCEANA BHS, INC / OCEANA CROSSINGS, LLC for Conditional Use Permits re tattoo parlor& body piercing at 1375 Oceana Boulevard, Unit 118 DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 6. WORLD FAMOUS BHS, INC / LYNNHAVEN INVESTMENT PARTNERS, LLC for Conditional Use Permits re tattoo parlor & body piercing at 2980 Virginia Beach Boulevard DISTRICT 8 (Formerly District 5—Lynnhaven) RECOMMENDATION: APPROVAL 7. JENNY CORPORATION / ELIAS PROPERTY SALEM CROSSING, LLC for a Conditional Use Permit re tattoo parlor at 2029 Lynnhaven Parkway, Suite 200 DISTRICT 7 (Formerly District 3 —Rose Hall) RECOMMENDATION: APPROVAL K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TA/ITA CITIZENS ADVISORY COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ee348cfd8ff703 c8bb2f3ee0d151 de20f 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 6, 2022. I. CITY COUNCIL BRIEFING - Conference Room- 2:30 PM A. PARKS & RECREATION SPORTS MANAGEMENT UNIT OVERVIEW Michael Kirschman, Director—Parks & Recreation (Requested By Council Member Wooten) II. CITY COUNCIL LIAISON REPORTS 3:00 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:15 PM IV. CITY COUNCIL AGENDA REVIEW 3:30 PM V. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Chaplain Deborah Quam Virginia Beach Police Department, Second Precinct C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 16, 2022 2. FORMAL SESSION August 23, 2022 G. PUBLIC HEARINGS 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION Construct a City Pump Station re Eastern Shore Drive Drainage Improvements Section 1D Lynnhaven Drive Pump Station Project 2. CHANGE THE CENTRAL ABSENTEE PRECINCT FOR THE NOVEMBER ELECTIONS to Building 23 within the Municipal Center ---,,,,, i' „pitiAtiks„ �• Z iJ axi«.::::, PUBLIC HEARING ACQUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will Hold a PUBLIC HEARING on Tuesday,September 6, 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 necessary for the construction of a City pump station in connection with the Eastern Shore Drive Drainage Improvements Section 1D Lynnhaven Drive Pump Station Project, CIP 100150 (formerly CIP 7-069).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: httos://vbgov.webex.com/vbgovio nstag/g.oho?MTI D=ee348cfd8ff7 03c8bb2f3ee0d151de20f 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 6,2022. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon: August 28,2022 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Eastern Shore Drive Drainage Improvements Section 1 D Lynnhaven Drive Pump Station Project, CIP 100150 (formerly CIP 7-069), either by agreement or condemnation PUBLIC HEARING DATE: September 6, 2022 MEETING DATE: September 20, 2022 • Background: The Eastern Shore Drive Drainage Improvements Section 1 D Lynnhaven Drive Pump Station CIP 100150 (formerly CIP 7-069) (the "Project") is for the construction of a new stormwater pump station, located on the north side of Lynnhaven Drive between Cape Henry Canal to the east and West Great Neck Road to the west, to reduce flooding from rainfall and tidal events throughout the Project watershed. The Project will work in conjunction with other drainage improvements in the vicinity (Section 1 B — Lynnhaven Colony Park Pump Station; Section 1C — Cape Henry Canal; and Section 1 E — Elevate Lynnhaven Drive projects). Portions of Lynnhaven Colony are situated in low- lying areas that are prone to flooding during moderate to severe rainfall events and high tides. The Project will provide protection by stopping overland surface tidal and rainwater from flooding the low-lying areas, by raising the area's topography at or above the base flood elevation, as well as by pumping stormwater out of upstream Cape Henry Canal before, during, and after moderate to severe rain events. The Eastern Shore Drive Drainage Improvements collectively include, but are not limited to, canal widening and deepening, stormwater collection systems, tide gates, pumping stations, new outfalls, automated systems, communications, elevating roadways, roadway restoration, and utility adjustments. All of these elements will improve stormwater management and protect aspects of the watershed from recurrent flooding and the impacts of sea level rise. The infrastructure improvements will provide vital protections to the residents, businesses, and critical assets within the area. • Considerations: The Project requires the acquisition of the properties at 2208 West Great Neck Road (GPINs: 1499-39-3262, 1499-39-3184, and 1499-39- 5153) for construction of the stormwater pump station. A single property owner owns the three parcels to be acquired. The City has been negotiating with the owner since June 2020 and the parties have been unable to reach an agreement. Authority is requested to acquire the necessary properties by agreement or condemnation. The City received a $25 Million grant from FEMA to help fund the package of infrastructure improvements. ■ Public Information: The Citizen Information Meeting was held on May 11, 2022. A public hearing will be held on September 6, 2022, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which would risk delaying or not completing the Project. ■ Recommendations: Approval ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: Ai) i AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE EASTERN SHORE DRIVE 4 DRAINAGE IMPROVEMENTS SECTION 1 D 5 LYNNHAVEN DRIVE PUMP STATION 6 PROJECT, CIP 100150 (FORMERLY CIP 7- 7 069), EITHER BY AGREEMENT OR 8 CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a ii public necessity exists to construct and maintain the Lynnhaven Drive Stormwater Pump 12 Station, located on the north side of Lynnhaven Drive between Cape Henry Canal to the 13 east and West Great Neck Road to the west, for a stormwater pump station and related 14 facilities for the purpose of addressing frequent flooding of public streets and highways and is public and private infrastructure, to improve transportation during rain events, and for the 16 preservation of the safety, health, peace, good order, comfort, convenience, and for the 17 welfare of the people in the City of Virginia Beach; 18 19 WHEREAS, the properties located at 2208 West Great Neck Road (GPINs: 1499-39- 20 3262, 1499-39-3184 and 1499-39-5153)(collectively,the"Property") have been determined 21 to be the best location for the construction of the new pump station to provide stormwater 22 protection and drainage facilities to the surrounding area. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 Section 1 . That the City Council authorizes the acquisition by purchase or 28 condemnation pursuant to Sections 15.2-1901 , et seq., Section 15.2-970, Sections 33.2- 29 1007, et seq., and Title 25.1 of the Code of Virginia of 1950, as amended, of all that 30 Property, more particularly shown on Exhibit A, attached hereto and made a part hereof, as 31 further shown on the plans entitled "EASTERN SHORE DRIVE DRAINAGE 32 IMPROVEMENTS SECTION 1 D LYNNHAVEN DRIVE PUMP STATION CIP NO. 100150" 33 (the "Project"), and more specifically described on the acquisition plat for the Project (plat 34 and plans collectively referred to as the "Plans"), the Plans being on file in the Department 35 of Public Works, Stormwater Engineering Division, 2875 Sabre St., Suite 250, City of 36 Virginia Beach, Virginia 23452. 37 38 Section 2. That the City Manager is hereby authorized to make or cause to be made 39 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 40 offer to the owners or persons having an interest in said Property. If refused, if the property 41 owners are unable to convey clear title, or if the owners cannot be identified or located, the 42 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 43 to condemn to acquire title to the Property. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 , 2022. CA15800 PREPARED: 8/22/22 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d016\p046\00824683.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Qi>- PUBLIC WORKS/REAL ESTATE CITY OR EY EXHIBIT A Parcels Authorized for Acquisition By Agreement or Condemnation: ADDRESS OWNER (Now or Formerly) GPIN 2208 W. Great Neck LDSM Properties, LLC 1499-39-3262 Road (Principal: Cheryl P. McLeskey) W. Great Neck Road LDSM Properties, LLC 1499-39-3184 W. Great Neck Road LDSM Properties, LLC 1499-39-5153 . ,..v4 WISILFellria IVii'lejpAySVIrl 1-- •i WW1-I -- 0 1 ii 4M7 01 �c �� Woes lik4V111,741062a. � v��1!. �� J3 -v � �►p ��0`�,tZ4 /7- •C CC .>` •.. ev � o 0.$34-110.41,46-44‘ketiOdiktortn$ 4SVLDR 1°-6.1k s Cj ;icsc �p* ♦fi .O 4iF.TvVstati0IVA rAIni iV io O%W°Q -1 r 1►� sli 1 `t ttIO .s1 �� 0 i� 10 1% �wPAVE i 010 V 000 0wS �C" H w co cry i `�$ Aso o t 0' cif .,. o�Ow' ,fe'- ' ilk. S S'fig < Ce 9 oo F7 arit v O r` u *** V. 000 s * *10° (NI ?ill ia . 11111116--cell i 111 0 2 tn.-- a. in a 0 A*. 0 S 04110401 IM CV „ amMk. k ',v.• • lierktifi4 ti —I Oz ciM (.7 .4- 1".041 61:1 ist0t01011 Oa" 0/ e7 c..? agOI":----14' . .-z,.' tI.J''. :'‘' .' 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D i�i'iab.133a1311 9 m �_� ��• lr� �r � ��2�t/1S � � �J � N� « -!K. �► V v ��`�19��'t �qi to zfair , *,itAtte,,,4 it?). r6,17.119„Fir GCii IV O vo* gja '`• \' I nEi -->4.-- '- WWI ilk41101Liew 0,.., L^.,1 or ...ill A,..... ! 1 h... - - Wu, Igoe 0• 11111 "thr A i , -- , -,1';` (4'11 'Ma • t1 � ,�0 Ala c �!� �0 U r. *,. sT sZ0.1 y� o� r Mir eigk_. �'�"�PPP rf ,. it v, -� I 0100, ' fob ��El � °:._, o yam•% �s� N��Z 11) ki r- -0 �: -. \c�� !p.0� 4k ♦,zo�°3,.r► . Q 6 ug zt ash�. PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE CENTRAL ABSENTEE PRECINCT LOCATION FOR THE NOVEMBER ELECTIONS The City Council of Virginia Beach,Virginia at its formal session on September 6, 2022 at 6:00 p.m.will conduct a public hearing upon an ordinance to change the Central Absentee Precinct location for the November General and Special Elections. If adopted,the Central Absentee Precinct will be located at Building 23 within the Municipal Center. After the November Elections, the Central Absentee Precinct will return to Building 14, which is the Agriculture/Voter Registrar Building. A copy of the aforesaid ordinance may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach,Virginia,23456. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call: TDD only 711 (TDD - Telephonic Device for the Deaf). 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 JVtns j/vhgnv wPhPx cnnVvhenv/q nstapP/gDhn7MTlD=PP'34RrfriSff7 1r.fRhh2f'tie(k1 151 rde2ftf 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 6,2022. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon: August 28 and September 4, 2022 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance to ADD Article XVI to City Code Chapter 35 re establish disposable plastic bag tax (Requested by Council Member Tower) Deferred from July 5, 2022 2. Resolution to DIRECT the City Manager to submit a grant application re the Virginia Beach Trail(Requested by City Council) 3. Resolution to APPROVE the School Board's entry into an Interim Agreement re the design work at Princess Anne High School, B.F. Williams/ Bayside 6th, and Bayside High School (Requested by Virginia Beach School Board) 4. Ordinance to AMEND City Code Section 10-1 re change the Central Absentee Precinct location to Building 23 for the November Elections 5. Ordinance to EXTEND the date for satisfying the conditions re closing a 10,645 square foot portion of right-of-way known as Lord Dunmore Drive 6. Resolution to APPROVE the FY2023 Performance Contract with the Commonwealth of Virginia re mental health, developmental, and substance use disorder services 7. Ordinance to APPROPRIATE $532,319 to the FY2022-23 Clerk of the Circuit Court Operating Budget re technology related expenses 8. Ordinance to APPROPRIATE $276,903 from the Police Federal & State Seized Assets Special Revenue Fund Balance to the FY2022-23 Police Department Operating Budget re to purchase three (3) canines, specialty vehicles, and training 9. Ordinance to ACCEPT and APPROPRIATE $90,580 from the Department of Motor Vehicles (DMV) to the FY2022-23 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime, equipment expenses related to speed enforcement 10. Ordinance to ACCEPT and APPROPRIATE $54,530 from the Virginia Department of Education (VDOE) to the FY2022-23 Parks and Recreation Operating Budget re support early childhood programs at Princess Anne, Bow Creek, Kempsville, and Williams Farm Recreation Centers 11. Ordinance to ACCEPT and APPROPRIATE $47,200 from the Department of Motor Vehicles (DMV) to the FY2022-23 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime, training, and equipment expenses related to the DUI enforcement 12. Ordinance to ACCEPT and APPROPRIATE $34,349 from the Library of Virginia to the FY 2022-23 Public Library Operating Budget re purchase books and other materials for the City's Public Libraries print and digital collections 13. Ordinance to ACCEPT and APPROPRIATE $29,400 from the Department of Motor Vehicles (DMV) to the FY2022-23 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime related to enforcement of seat belt and occupant protection laws 14. Ordinance to ACCEPT and APPROPRIATE $21,000 from the Virginia Department of Behavioral Health and Developmental Services to the FY2022-23 Department of Human Services Operating Budget re assist nine (9) individuals in the community for health and household needs 15. Ordinance to ACCEPT and APPROPRIATE $4,673 from the Virginia Department of Behavioral Health and Development Services (DBHDS) to the FY 2022-23 Department of Human Services Operating Budget re Projects for Assistance in Transition from Homelessness (PATH) Program c �nN S ar,S '" �+:4y ti 4 r =igi ) CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Add Article XVI to Chapter 35 of the City Code to Establish a Disposable Plastic Bag Tax MEETING DATE: September 6, 2022 • Background: The General Assembly has adopted enabling legislation to allow localities to impose a tax upon disposable plastic bags provided to customers in grocery stores, convenience stores, and drugstores. The tax is in the amount of five cents for each disposable plastic bag. This tax is administered by the Virginia Department of Taxation, and the applicable grocery store, convenience store, and drugstore will retain one cent of the amount collected as a "retailer discount." The tax does not apply to bags used solely to avoid contamination or damage of ice cream, meat and perishable food items. • Considerations: While this tax will generate revenue, it is generally intended to discourage the use of disposable plastic bags, which often end up in waterways, parks, and streets. The use of generated revenue is statutorily limited to "environmental cleanup, providing education programs designed to reduce environmental waste, mitigating pollution and litter, or providing reusable bags to recipients of Supplemental Nutrition Assistance Program (SNAP) or Women, Infants, and Children Program (WIC) benefits." (Va. Code § 58.1-1745(B)) The proposal for a disposable plastic bag tax was brought forward from a group of supporters including Lynnhaven River Now, the Chesapeake Bay Foundation, TFC Recycling, Surfrider Foundation, Virginia League of Conservation Voters, and the Virginia Beach Green Ribbon Committee, Clean Community Commission, Parks and Recreation Foundation, and Aquarium Foundation. If approved, the tax would be effective January 1, 2023. This item was deferred by the City Council at the July 5, 2022 meeting. • Public Information: This tax concept was briefed to the City Council on June 7, 2022. The City Council received public comment during its June 21, 2022 meeting. Because this would be a new tax, a statutorily required public hearing was held on July 5, 2022. The City Council received a briefing on industry and community listening sessions during its August 23, 2022 Workshop. • Attachments: Ordinance Requested by Councilmember Tower REQUESTED BY COUNCILMEMBER TOWER 1 AN ORDINANCE TO ADD ARTICLE XVI TO CHAPTER 35 2 OF THE CITY CODE TO ESTABLISH A DISPOSABLE 3 PLASTIC BAG TAX 4 5 SECTIONS ADDED: 35-300; 35-301; 35-302; and 35-303 6 7 WHEREAS, a public hearing upon the imposition of a plastic bag tax was held at 8 the July 5, 2022 City Council meeting; 9 10 WHEREAS, the City Council hereby finds it appropriate to impose a plastic bag 11 tax and utilize the proceeds therefrom in accordance with Virginia Code § 58.1-1745; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. Article XVI of Chapter 35 is hereby added to the City Code to read as follows: 17 18 Chapter 35 — Taxation 19 20 ... 21 22 ARTICLE XVI. — DISPOSABLE PLASTIC BAG TAX 23 24 Sec. 35-300. — Levy; tax rate. 25 26 Pursuant to Va. Code § 58.1-1745, as amended, the City imposes a tax in the amount of 27 five cents ($0.05) for each disposable plastic bag provided to a consumer of tangible 28 personal property by retailers in grocery stores, convenience stores, or drugstores. This 29 tax shall be collected whether or not such disposable plastic bag is provided free of charge 30 to the consumer. 31 32 Sec. 35-301. — Administration; collection; enforcement; appropriation. 33 34 (a) The tax on disposable plastic bags imposed pursuant to this Article shall be 35 collected by the retailer, along with the purchase price and all other fees and taxes, 36 at the time the consumer pays for such tangible personal property. The state Tax 37 Commissioner shall then collect, administer, and enforce this tax from the retailer 38 in accordance with Virginia law and distribute the tax revenue to the City in 39 accordance with Virginia law and the applicable guidelines adopted by the state 40 Tax Commissioner in accordance with Va. Code § 58.1-1748, as amended. 41 42 (b) All revenues accruing to the City from the tax imposed by this Article shall be 43 subject to the appropriation limitation set forth in Virginia Code § 58.1-1745, as 44 amended. 45 46 Sec. 35-302. — Retailer discount. 47 48 (a) Beginning January 1, 2023, every retailer that collects the tax imposed under this 49 Article shall be allowed to retain one cent ($0.01) from the tax collected on each 50 disposable plastic bag. 51 52 (b) Any retailer that retains a discount pursuant to this Section shall account for it in 53 the form of a deduction when submitting its tax return and payment to the Virginia 54 Department of Taxation. 55 56 Sec. 35-303. — Exemptions. 57 58 The tax imposed under this Article shall not apply to the following: 59 60 (a) Durable plastic bags with handles that are specifically designed and manufactured 61 for multiple reuse and that are at least four mils thick; 62 (b) Plastic bags that are solely used to wrap, contain, or package ice cream, meat, 63 fish, poultry, produce, unwrapped bulk food items, or perishable food items in order 64 to avoid damage or contamination; 65 (c) Plastic bags used to carry dry cleaning or prescription drugs; and 66 (d) Multiple plastic bags sold in packages and intended for use as garbage, pet waste, 67 or leaf removal bags. 68 69 2. The effective date of this ordinance is January 1, 2023. 70 71 3. The City Manager is hereby directed to assemble a plan for the proposed use of 72 the revenue resulting from this ordinance. As provided in Virginia Code § 58.1-1745, the 73 appropriation of such funds are limited to "environmental cleanup, providing education 74 programs designed to reduce environmental waste, mitigating pollution and litter, or 75 providing reusable bags to recipients of Supplemental Nutrition Assistance Program 76 (SNAP) or Women, Infants, and Children Program (WIC) benefits." 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 of the members of City Council. APP VED AS TO LEGAL SUFFICIENCY: City Att Office CA5782 R-1 June 23, 2022 rsie.. �"'' „, For �`�� Y 4� iii J i.' ,�e.-r CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Direct the City Manager to Submit a Grant Application for the Virginia Beach Trail MEETING DATE: September 6, 2022 ■ Background: The Norfolk Southern railroad right-of-way is an approximate 12- mile tract of land extending from the Norfolk jurisdictional boundary to the Oceanfront. The City has reserved this property for the future development of the Virginia Beach Trail (VB Trail). The VB Trail has the potential to dramatically improve connectivity and offer enhanced pedestrian and bicycle opportunities. • Considerations: The attached resolution directs the City Manager to submit a grant application for US DOT Safe Streets & Roads for All federal funding. The resolution also authorizes the City Manager to retain consultants and/or engineers to assist in preparation of the grant application. The deadline for this grant application is September 15, 2022. If awarded, the City would be required to provide a local match of 20-30%. With the anticipated total project cost for this segment of the VB Trail is approximately $15 million, the City's portion could be between $3 million and $4.5 million depending on the final project need. • Public Information: Advertisement will be as part of the City Council agenda. • Attachments: Resolution REQUESTED BY THE CITY COUNCIL REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO 2 SUBMIT A GRANT APPLICATION FOR THE VIRGINIA 3 BEACH TRAIL 4 5 WHEREAS, the Virginia Beach Trail (VB Trail) is a multi-purpose path that will be 6 located on the former Norfolk Southern railroad right-of-way; and 7 8 WHEREAS, the City Council desires that a grant application be made for the 9 federal grant opportunity, US DOT Safe Streets & Roads for All, for the VB Trail. 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA, THAT: 13 14 The City Manager is hereby directed to make a grant application for the VB Trail 15 in the upcoming US DOT Safe Streets & Roads for All funding opportunity, and the City 16 Manager is authorized to use existing funds to retain consultants and/or engineers in 17 furtherance of such grant application. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: 0 _____— • y Att rney s Office CA15898 R-3 September 1, 2022 v Sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve the School Board's Entry into an Interim Agreement for Design Work for Princess Anne High School, B.F. Williams/Bayside 6th, and Bayside High School MEETING DATE: September 6, 2022 • Background: The Public-Private Education Facilities and Infrastructure Act of 2002, Virginia Code §§ 56-575.1, et seq. (the "PPEA"), grants public entities the authority to create public-private partnerships for the development of a wide range of projects including educational facilities. The PPEA is intended to allow for timelier and more cost- effective procurement of such facilities. For purposes of the PPEA, the School Board meets the definition of "public entity" and "responsible public entity." The School Board has adopted procedures for the receipt, evaluation, and award of a PPEA project. These procedures are set forth in School Board Policy 3-71. The Virginia Beach City Public Schools (the "VBCPS") received an unsolicited proposal for the design and construction of Princess Anne High School, B.F. Williams/Bayside 6t" and Bayside High School (the "Projects"). Following the required procedures under the PPEA, the School Board accepted the unsolicited proposal and solicited competing conceptual proposals. After review of two conceptual proposals, the VBCPS requested detailed proposals from the two firms that submitted conceptual proposals. After review of the detailed proposals, the VBCPS negotiated an Interim Agreement with the preferred proposer, S.B. Ballard Construction Company. The proposed Interim Agreement, approved by the School Board on August 9, 2022, will provide a twelve-month performance period to develop 30% design documents for the Projects. The Interim Agreement is in an amount not to exceed $15,404,544, which is 55% of the total design budget of the three schools and 3.6% of the total budget for the Projects. The $15.4 million needed for this process is already appropriated within the three projects, meaning that the School Board is not requesting additional funding at this time. Project Name Estimate 1-105 Princess Anne High School Replacement 162,650,000 1-028 B.F. Williams ES/Bayside 6th Replacement 68,387,500 1-029 Bayside High School Replacement 197,700,000 Total $428,737,500 Currently School Board is not requesting the City Council approve a comprehensive agreement. The Interim Agreement will allow the School Board and VBCPS staff the opportunity to evaluate the merits of a possible comprehensive agreement using advanced design and to develop a funding plan for the debt service associated the Projects. • Considerations: When a public entity is a school board, the PPEA requires the local governing body to approve the entry into an interim or comprehensive agreement. The proposed Interim Agreement does not require the entry into a comprehensive agreement. Should the School Board and VBCPS staff not wish to move forward with the Projects at the conclusion of the Interim Agreement, the VBCPS would retain ownership of the design documents, which could be used to develop a traditional design-bid-build procurement for construction of the schools. Should the School Board and VBCPS staff desire to proceed with a comprehensive agreement, this request would include a request for the City Council to accelerate $100 million in bonding authority to allow award of the comprehensive agreement. The proposed timeline if the School Board proceeds with a comprehensive agreement would open the three schools sooner than the current CIP timeline. Princess Anne High School would open one year sooner, Bettie Williams would open three years sooner, and Bayside two years sooner. Each of these three projects are currently within the approved six-year Capital Improvement Program (CIP); however, Bayside High School is not fully funded within the six-year period. Therefore, a future request to approve a comprehensive agreement will likely include a request for additional funding of approximately $100 million within the then six-year CIP. Much like the approval of the Interim Agreement, the City Council would need to approve a comprehensive agreement prior to execution of such an agreement by the VBCPS. • Public Information: On June 28th VBCPS staff briefed the School Board and held a public hearing. On July 5th, VBCPS staff briefed City Council on this process. On August 9th the School Board adopted their resolution approving the agreement, and VBCPS briefed City Council to provide additional details at the August 16th Informal Session. • Attachments: Resolution, School Board Resolution REQUESTED BY THE VIRGINIA BEACH SCHOOL BOARD REQUESTED BY THE VIRGINIA BEACH SCHOOL BOARD 1 A RESOLUTION TO APPROVE THE SCHOOL 2 BOARD'S ENTRY INTO AN INTERIM AGREEMENT 3 FOR DESIGN WORK FOR PRINCESS ANNE HIGH 4 SCHOOL, B.F. WILLIAMS/BAYSIDE 6TH, AND 5 BAYSIDE HIGH SCHOOL 6 7 WHEREAS, the Virginia Beach City Public Schools (the "VBCPS") and School 8 Board received an unsolicited proposal for the design and construction of Princess Anne 9 High School, B.F. Williams/Bayside 6th, and Bayside High School (the "Projects"); 10 11 WHEREAS, following the required procedures under the Virginia Public-Private 12 Education Facilities and Infrastructure Act ("PPEA"), the VBCPS accepted the unsolicited 13 proposal and solicited competing conceptual proposals; 14 15 WHEREAS, after review of two conceptual proposals, the VBCPS requested 16 detailed proposals from the two firms that submitted conceptual proposals; 17 18 WHEREAS, after review of the detailed proposals, the VBCPS negotiated an 19 Interim Agreement with the preferred proposer, S.B. Ballard Construction Company; 20 21 WHEREAS, the VBCPS has posted the Interim Agreement for the required 30 22 days and held a public hearing; 23 24 WHEREAS, the proposed Interim Agreement will advance design of the Projects 25 over the next twelve months, which should also allow the development of a proposed 26 comprehensive agreement, for the Projects with a not-to-exceed cost of$15,404,544; 27 28 WHEREAS, the School Board approved the Interim Agreement at its August 9, 29 2022, meeting; and 30 31 WHEREAS, the PPEA requires a school board obtain approval from the local 32 governing body prior to entry into an interim or comprehensive agreement; 33 34 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA. THAT: 36 37 The City Council hereby approves the School Board's entry into the Proposed 38 Interim Agreement for the Projects in an amount not-to-exceed $15,404,544. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. AP VED YAS T LEGAL SUFFICIENCY: i (7/ ,,,--71-2-----1,...- Cit orne s Office CA15878 / R-1 /August 24, 2022 _'< _ ... VIRGINIA BEACH CITY PUBLIC SCHOOLS , s CHARTING THE COURSE School Board lcrvices Carolyn T.Rye,Chair Kimberly A.Melnyk,Vice Chair District 5 Lynnhaven District 7 Princess Anne Beverly M.Anderson Sharon R.Felton Jennifer S.Franklin At-Large - District 6-Beach District 2 Kempsv:l.e Dorothy M.Holtz Laura K.Hughes Victoria C.Manning At Large At-Large At-Large Jessica L.Owens Trenace B.Riggs Carolyn D.Weems District 3-Rose Hal District 1-Centerville District 4 Bayside Aaron C.Spence.Ed.D.,Superintendent A RESOLUTION TO APPROVE THE SCHOOL BOARD'S ENTRY INTO AN INTERIM AGREEMENT FOR DESIGN WORK FOR PRINCESS ANNE HIGH SCHOOL,B.F.WILLIAMS/BAYSIDE 6TH,AND BAYSIDE HIGH SCHOOL WHEREAS,the School Board of the City of Virginia Beach,Virginia(hereinafter"School Board")received an unsolicited proposal for the design and construction of Princess Anne High School,B.F.Williams/Bayside 6th,and Bayside High School (the"Projects"); WHEREAS,following the required procedures under the Virginia Public-Private Education Facilities and Infrastructure Act ("PPEA")and School Board Policy 3-71,the School Board accepted the unsolicited proposal and solicited competing conceptual proposals; WHEREAS,after review of two conceptual proposals,the School Board requested detailed proposals from the two firms that submitted conceptual proposals; WHEREAS,after review of the detailed proposals,the School Board negotiated an Interim Agreement with the preferred proposer,S.B.Ballard Construction Company; WHEREAS,the School Board posted the Interim Agreement for the required 30 days and held a public hearing June 28,2022; WHEREAS,the proposed Interim Agreement will advance design of the Projects over the next twelve months,which should also allow the development of a proposed comprehensive agreement,for the Projects with a not-to-exceed cost of $15,404,544; WHEREAS,the PPEA requires a school board obtain approval from the local governing body prior to entry into an interim or comprehensive agreement. NOW,THEREFORE BE IT RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH,VIRGINIA.THAT: 1. The School Board determines that entering into the Interim Agreement with S.B. Ballard Construction Company is in the best interest of the School Board and the School Division. 2. That this Resolution and the supporting documents should be sent to the City Council for approval for the School Board to enter into the Proposed Interim Agreement for the Projects in an amount not-to-exceed $15,404,544. 3. That, upon approval by the City Council,the Chair or designee is authorized to enter into and/or execute ....•''"``�.. any and all documents or take any necessary actions to execute the Proposed Interim Agreement. .-t �,10fif • V` /4 `f`44,: .. :�,', Adopted by the School Board this 9th day of August,2022 :� : . ono ge.rcz,. E - 1 h• Carolyn T.Rye,Choi ',A 040 1,'4TTEST: " ,4-• .. 708 3 S • 1 Regina ttir.Toneatto,Clerk of School Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach Virginia 23456 0038 www.vbschools.com :—.4,,, 7.) S JJ� CITY OF VIRGINIA BEACH AGENDA ITEM } ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Central Absentee Precinct Location for the November Elections MEETING DATE: September 6, 2022 ■ Background: The Virginia Beach Electoral Board voted on July 19, 2022, to temporarily move the Central Absentee Precinct for the general and special elections on November 8. The new location will be in Building 23 located at 2473 North Landing Road, 23456. After the November elections, the location of the Central Absentee Precinct will return to Building 14, which is also known as the AgricultureNoter Registrar Building. is Considerations: The Building 23 location meets requirements of the Americans with Disabilities Act. The ordinance directs the Voter Registrar and the City Attorney to seek a certification of no objection from the Office of the Attorney General. Upon the issuance of such certification or if 60 days lapses without the Attorney General interposing an objection, the change will be effective. As the Central Absentee Precinct is only operative on the day of the election, there is sufficient time to seek such approval in advance of November 8th. • Public Information: As required by Section 24.2-306 of the Code of Virginia notice of this proposed change will be published in the newspaper once a week for two consecutive weeks. An advertisement will be placed in the newspaper prior to the November 2022 General and Special Elections. • Recommendations: Adopt the proposed change. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registrar's Office City Manager:fpri) 1 AN ORDINANCE TO AMEND SECTION 10-1 OF 2 THE CITY CODE TO CHANGE THE CENTRAL 3 ABSENTEE PRECINCT LOCATION FOR THE 4 NOVEMBER ELECTIONS 5 6 SECTION AMENDED: § 10-1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. Section 10-1 of the City Code is hereby amended and reordained to read as 12 follows: 13 14 Sec. 10-1. Establishment of precincts and polling places. 15 16 There are hereby established in the city the following precincts and their respective 17 polling places, as set forth below: 18 19 Precinct Polling Place 20 0001 Galilee Episcopal Church 21 3928 Pacific Avenue 23451 22 0002 Museum of Contemporary Art 23 2200 Parks Avenue 23451 24 0003 Ocean Lakes Elementary 25 1616 Upton Drive 23454 26 0004 Virginia Beach Community Chapel 27 1261 Laskin Road 23451 28 0005 Mount Olive Baptist Church 29 310 N. Birdneck Road 23451 30 0006 Alanton Elementary School 31 1441 Stephens Road 23454 32 0007 King's Grant Presbyterian Church 33 745 Little Neck Road 23452 34 0008 London Bridge Baptist Church 35 2460 Potters Road 23454 36 0009 Trantwood Elementary School 37 2344 Inlynnview Road 23454 38 0010 All Saints' Episcopal Church 39 1969 Woodside Lane 23454 40 0011 Edgar Cayce's Association for Research 41 and Enlightenment 42 215 67th Street 23451 43 0012 Lynnhaven Elementary School 44 210 Dillon Drive 23452 45 0013 Windsor Woods Elementary School 46 233 Presidential Boulevard 23452 47 0014 Malibu Elementary School 48 3632 Edinburgh Drive 23452 49 0015 Calvary Baptist Church 50 4832 Haygood Road 23455 51 0016 Bayside Sixth Grade Campus 52 4722 Jericho Road 23462 53 0017 Bayside Community Recreation Center 54 4500 First Court Road 23455 55 0018 Independence Middle School 56 1370 Dunstan Lane 23455 57 0019 Bayside Church of Christ 58 5025 Shell Road 23455 59 0020 Bayside Elementary School 60 5649 Bayside Road 23455 61 0021 Bettie F. Williams Elementary School 62 892 Newtown Road 23462 63 0022 Point 0' View Elementary School 64 5400 Parliament Drive 23462 65 0023 Arrowhead Elementary School 66 5549 Susquehanna Drive 23462 67 0024 St. Andrews United Methodist Church 68 717 Tucson Road 23462 69 0025 Fairfield Elementary School 70 5428 Providence Rd. 23464 71 0026 Kempsville Presbyterian Church 72 805 Kempsville Road 23464 73 0027 Kempsville Middle School 74 860 Churchill Drive 23464 75 0028 Thalia Elementary School 76 421 Thalia Road 23452 77 0029 Holland Elementary School 78 3340 Holland Road 23452 79 0030 Seatack Elementary School 80 912 S. Birdneck Road 23451 81 0031 Red Mill Elementary School 82 1860 Sandbridge Road 23456 83 0032 Oak Grove Baptist Church 84 691 Princess Anne Road 23457 85 0033 Back Bay Christian Assembly 86 1212 Princess Anne Road 23457 87 0034 Blackwater Fire Station 88 6009 Blackwater Road 23457 89 0035 Kellam High School 90 2665 West Neck Road 23456 91 0036 Red Church Steeple 92 245 S. Rosemont Rd 23452 93 0037 Bayside Baptist Church 94 1920 Pleasure House Road 23455 95 0038 Bayside Presbyterian Church 96 1400 Ewell Road 23455 97 0039 Pembroke Elementary School 98 4622 Jericho Road 23462 99 0040 Princess Anne High School 100 4400 Virginia Beach Boulevard 23462 101 0041 College Park Elementary School 102 1110 Bennington Road 23464 103 0042 Brandon Middle School 104 1700 Pope Street 23464 105 0043 Salem Middle School 106 2380 Lynnhaven Parkway 23464 107 0044 Centerville Elementary School 108 2201 Centerville Turnpike 23464 109 0045 White Oaks Elementary School 110 960 Windsor Oaks Boulevard 23462 111 0046 Green Run Elementary School 112 1200 Green Garden Circle 23453 113 0047 King's Grant Elementary School 114 612 N Lynnhaven Road 23452 115 0048 WAVE Church 116 1000 N. Great Neck Road 23454 117 0049 John B. Dey Elementary School 118 1900 N. Great Neck Rd. 23454 119 0050 The Gathering at Scott Memorial 120 United Methodist Church 121 409 First Colonial Road 23454 122 0051 Kempsville Area Library 123 832 Kempsville Road 23464 124 0052 Providence Presbyterian Church 125 5497 Providence Road 23464 126 0053 Kempsville Elementary School 127 570 Kempsville Road 23464 128 0054 Landstown High School 129 2001 Concert Drive 23456 130 0055 Virginia Beach Moose Family Center 131 3133 Shipps Corner Road 23453 132 0056 St. Aidan's Episcopal Church 133 3201 Edinburgh Drive 23452 134 0057 St. Matthew Catholic Church 135 3314 Sandra Lane 23464 136 0058 Glenwood Elementary School 137 2213 Round Hill Drive 23464 138 0059 Shelton Park Elementary School 139 1700 Shelton Road 23455 140 0060 WAVE Church 141 2655 Seaboard Road 23456 142 0061 Ebenezer Baptist Church 143 965 Baker Road 23455 144 0062 Restoration Church at Landstown 145 3220 Monet Drive 23453 146 0063 Ocean Lakes High School 147 885 Schumann Drive 23454 148 0064 Rosemont Forest Elementary School 149 1716 Grey Friars Chase 23456 150 0065 Colonial Baptist Church 151 2221 Centerville Turnpike 23464 152 0066 Princess Anne Recreation Center 153 1400 Nimmo Parkway 23456 154 0067 Eastern Shore Chapel 155 2020 Laskin Road 23454 156 0068 Providence Elementary School 157 4968 Providence Road 23464 158 0069 Unity Church of Tidewater 159 5580 Shell Road 23455 160 0070 Corporate Landing Middle School 161 1597 Corporate Landing Parkway 23454 162 0071 Salem High School 163 1993 Sun Devil Drive 23464 164 0072 W. T. Cooke Elementary School 165 1501 Mediterranean Avenue 23451 166 0073 Green Run High School 167 1700 Dahlia Drive 23453 168 0074 Rosemont Elementary School 169 1257 Rosemont Rd. 23453 170 0075 Lynnhaven Colony Congregational Church 171 2217 W. Great Neck Road 23451 172 0076 Thalia Lynn Baptist Church 173 4392 Virginia Beach Boulevard 23462 174 0077 Plaza Annex 175 641 Carriage Hill Rd 23452 176 0078 Indian Lakes Elementary School 177 1240 Homestead Drive 23464 178 0079 Emmanuel Episcopal Church 179 5181 Singleton Way 23462 180 0080 Kingdom Cathedral 181 3820 Stoneshore Road 23452 182 0081 Salem Elementary School 183 3961 Salem Lakes Boulevard 23456 184 0082 Christopher Farms Elementary School 185 2828 Pleasant Acres Drive 23453 186 0083 Strawbridge Elementary School 187 2553 Strawbridge Road 23456 188 0084 Tallwood Elementary School 189 2025 Kempsville Road 23464 190 0085 Three Oaks Elementary School 191 2201 Elson Green Avenue 23456 192 0086 Haygood United Methodist Church 193 4713 Haygood Road 23455 194 0087 New Castle Elementary School 195 4136 Dam Neck Road 23456 196 0088 Hope Haven 197 3000 North Landing Road 23456 198 0089 New Covenant Presbyterian Church 199 1552 Kempsville Road 23464 200 0090 Morning Star Baptist Church 201 4780 First Court Road 23455 202 0091 Larkspur Middle School 203 4696 Princess Anne Road 23462 204 0092 Lynnhaven United Methodist Church 205 1033 Little Neck Road 23452 206 0093 Enoch Baptist Church Family Life Center 207 5685 Herbert Moore Road 23462 208 0094 Plaza Middle School 209 3080 S. Lynnhaven Road 23452 210 0095 Corporate Landing Elementary School 211 1590 Corporate Landing Parkway 23454 212 0096 Freedom Fellowship 213 836 Regency Drive 23454 214 0097 San Lorenzo Spiritual Center 215 4556 Indian River Rd. 23456 216 0098 Windsor Oaks Elementary School 217 3800 Van Buren Drive 23452 218 0099 Parkway Elementary School 219 4180 O'Hare Drive 23456 220 0100 Tabernacle United Methodist Church 221 1265 Sandbridge Rd. 23456 222 0101 Luxford Elementary School 223 4808 Haygood Road 23455 224 0102 Diamond Springs Elementary School 225 5225 Learning Circle 23462 226 0103 Kempsville Meadows Elementary School 227 736 Edwin Drive 23462 228 0104 Woodstock Elementary School 229 6016 Providence Road 23464 230 0105 Pembroke Meadows Elementary School 231 820 Cathedral Drive 23455 232 0106 Thalia United Methodist Church 233 4321 Virginia Beach Boulevard 23452 234 0107 Linkhorn Park Elementary School 235 977 First Colonial Road 23454 236 0108 The Gala 417 237 2105 W. Great Neck Road 23451 238 Central Absentee Voter AgricultureNoter Registrar Building 239 Precinct 240 241 Notwithstanding the preceding, for the November 2022 general and special elections, the 242 Central Absentee Voter Precinct will be located at Building 23 within the Municipal Center, 243 which has a street address of 2473 North Landing Road. The Building 14 location, which 244 is also known as the AgricultureNoter Registrar Building, shall remain open to the public 245 during the customary hours required for an office of the voter registrar on the date of an 246 election. 247 248 2. The Voter Registrar and the City Attorney are hereby directed to seek a 249 certification of no objection from the Office of the Attorney General using the 250 preclearance procedure provided by Virginia Code § 24.2-129(D) for the precinct 251 changes authorized herein. These precinct changes shall not be administered 252 unless and until the Attorney General has provided such certification or if 60 days 253 lapses without the Attorney General interposing an objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r egis rar tto y's Office CA15890 R-1 August 24, 2022 ifs z> 77" ill C CITY OF VIRGINIA BEACH AGENDA ITEM 41 ITEM: An Ordinance further extending the date for satisfying the conditions in the matter of closing a 10,645 square foot portion of right-of-way known as Lord Dunmore Drive MEETING DATE: September 6, 2022 • Background: On September 19, 2017, by Ordinance 3519A, City Council approved the request by Princess Anne Real Estate Trust, a Virginia business trust (the "Applicant") to close approximately 10,645 sq. ft. of an unimproved, right-of-way known as Lord Dunmore Drive ("Right-of-Way"), adjacent to its properties at 5241 Princess Anne Road and 5233 Princess Anne Road. The resubdivision of the right-of-way necessary to complete the street closure was delayed due to issues related to the Princess Anne / Kempsville Road Intersection Improvements project as well as addressing a public access point for a proposed canoe launch that has since been abandoned. Various extension have been approved pending the resolution of the outstanding issues (ORD-3565D on August 21 , 2018; ORD-3601B on September 17, 2019; ORD-3674FF on September 7, 2021). • Considerations: There were four (4) conditions to the approval of the street closure: 1 . The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City will be set according to the "Policy Regarding Purchase of City's Interest in Streets," except that the fee will be waived contingent upon the Applicant providing the City with a comprehensive release of claims, in a form agreeable to the City Attorney, as resolution of concerns raised by the Applicant related to impacts from the Princess Anne Road/Kempsville Road Intersection Improvements Project. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the portion of closed right-of-way into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. The resubdivision plat shall show an easement area for a public boat launch and two parking spaces, as well as an easement for ingress/egress thereto. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. The Applicant was originally required to provide an easement for public access to the branch of the Elizabeth River adjacent to 5241 Princess Anne Road. The Applicant and City staff worked to identify the parameters of this easement. However, during this investigation, and while the application was pending, Parks and Recreation determined that the property did not meet their requirements and subsequently acquired a preferred site at a different location. Thus, the Applicant is now able to proceed with finalizing the street closure. The Applicant has submitted a subdivision plat to the Planning Department for review; however, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. On August 5, 2022, the Applicant requested additional time to finalize the Conditions set forth in the original Ordinance, as extended. Staff concluded that granting another extension of time to satisfy these Conditions is reasonable. t Recommendations: Allow an extension of one (1) year for satisfaction of the conditions. o Attachments: Ordinance, Location Map and Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: 91N1 1 AN ORDINANCE FURTHER EXTENDING 2 THE DATE FOR SATISFYING THE 3 CONDITIONS IN THE MATTER OF 4 CLOSING A 10,645 SQUARE FOOT 5 PORTION OF RIGHT-OF-WAY KNOWN AS 6 LORD DUNMORE DRIVE 7 8 WHEREAS, on September 19, 2017, the Council of the City of Virginia Beach 9 acted upon the application of Princess Anne Real Estate Trust, a Virginia business trust 10 (the "Applicant"), for the closure of approximately 10,645 Sq. Ft. of an unimproved, 11 right-of-way known as Lord Dunmore Drive; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3519A) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 18, 2018; 16 17 WHEREAS, City Council adopted an Ordinance (ORD-3565D) to extend the 18 deadline to satisfy the conditions of the street closure to September 18, 2019; 19 20 WHEREAS, City Council adopted an Ordinance (ORD-3601B) to extend the 21 deadline to satisfy the conditions of the street closure to September 16, 2021; 22 23 WHEREAS, City Council adopted an Ordinance (ORD-3674FF) to extend the 24 deadline to satisfy the conditions of the street closure to September 6, 2022; 25 26 WHEREAS, on August 5, 2022, the Applicant requested an additional extension 27 of time to satisfy the conditions to the aforesaid street closure action; and 28 29 WHEREAS, staff recommends that an additional one (1) year extension be 30 approved. 31 32 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 33 Beach, Virginia: 34 35 That the date for meeting conditions of closure as stated in the Ordinance 36 adopted on September 19, 2017 (ORD-3519A), upon application of Princess Anne Real 37 Estate Trust, is extended to September 6, 2023. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 40 of , 2022. CA15629 R-1 \\Vbgov.com\dfs 11Applications\CityLaw\Cycom32\WPDOCS\D004\P041\00822223.DOC= August 5, 2022 No GPIN (Public Right-of-Way) (Adjacent GPINs: 1466-68-1966 and 1466-68-3940) APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: adv/b4/ (J' City Atto ey Planning epart(nent 2 E$S DENOTES ��N /IN R/W TO BE �� 2��o Og�6f 00 QO I CLOSED . I` 200906 3000059 09 O (Vq *oil0000 53 oso` p R. 30 Pt /////�� LA ry , N 5q•o'�09° W ‘ qT) eR�2S�71A/ 6844 \ k & Rr &U�a /c).9ME 1 A #s2¢7 c 1 EX. CONCRE� , J,I1/iIu,/II CURB _ 1 EXISTING --- + �1 1 , PROPERTY �- ' 119 1 UNE r �� \`. NOW OR FORMERLY --, EXISTIN '►�� 1 PROPERTY OF PROPERTY Of., 0 1 VIRGINIA BEACH FINANCIAL CENTER, INC. _ LINE ,m +� _ D.B. 4243 P. 1457 NOW OR FORMERLY ;73 0 ', 1 z I.N. 20100830000897040(PLAT PRINCESS ANNE ESTATE TRUST �� Z ; I o \c, IN. 2010083000089705O(PLAT� I.N. 20100922001000570 ; , GPIN: 1466-68-3940 I.N. 20090610000653830(PLAT) - , P 0 ', 1, GPIN: 1466-68-1•. - ', + , _ - + m 1 Cr 0 1 1` + , 1t 2 k -0??.. I -.;. \ O + ? 1 1 _Vt GP .� � 1 1 -^ ; /1 1'. , rn 1 + 1`. 7i IS�NG n' '\ ; 1 1 BIORY + ; 1 `, BRICKbe FRAME co + ' 1 gU1tDING + 'I 1A, pfflCE 7 + #523 1+ I; 1 n CREn _,...---1lot i , EX CON ', ' 1 SIDEM ALK L=48.27' 1' ; 1 GR�� 13- L=4.53' 1 1 - �`G 9� R=5.00' ; i .=�7 � � ' JQ ` Jfl !O 1+LTA O4$ p fE it:2,- . . O f�� _....- S 19 as1 . O 0 DAVID W. DAIL 9 XCONCRETE v0�-..`cr. No. 2871 E APRON e 2-7-17 ��d sUR �� STREET CLOSURE EXHIBIT 10,645 S.F. OF LORD DUNMORE DRIVE LOCATED BETWEEN PROPERTY OF PRINCESS ANNE ESTATE TRUST & VIRGINIA BEACH FINANCIAL CENTER, INC. TO BE CLOSED VIRGINIA BEACH, VIRGINIA SCALE: 1" = 25' FEBRUARY 7, 2017 STEPHEN I. BOONE & ASSOCIATES, P.C. LAND SURVEYORS PORTSMOUTH, VIRGINIA 10-72 exhibit.dwg 40.�.nr,c11R`.11-77 n,rhihE,+.,,7n1lf117 A-71.47 AM 1.75 xi Disclosure Statement City ty Vinyimu ewd 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 Princess Anne Estate Trust and Virginia Beach Financial Center, Inc. Does the applicant have a representative? ❑ Yes II No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Edward F.Halloran,Trustee of Princess Anne Estate Trust and sole officer and director of Virginia Beach Financial Center,Inc. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Not applicable 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I p a g E Disclosure Statement1k113 City of-Virginia Beath .... 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?0 Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Not Applicable Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® 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 I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement cit 1 yof�11 Bel �. ,.�.._ Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes 0 No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?El Yes , No • If yes,identify the firm and individual providing the service. David Butler of Gallup Surveyors & Engineers has prepared the street closure plat for City review 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 Al 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 Edward F•Halloran,Principal Print Name and Title • August 26,2021 — 4�C �`u t�C.r l;9 Ifr. �: 1'C c /:J /1 c%' 046)4( / � �- s Date,P, 4 -d/ 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 Counul meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11..09.2020 3 I P a g e Disclosure Statement1/3 �.. Planning&Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 I P a g e Disclosure Statement City of Virginia Balch Planning&Community Development Owner Disclosure Owner Name Princess Anne Estate Trust, a Virginia Business Trust and Virginia Beach Financial Center, Inc. a Applicant Name Princess Anne Estate Trust and Virginia Beach Financial Center, Inc. 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) Edward F.Halloran,Trustee for Princess Anne Estate Trust,a Virginia Business Trustee,Edward F.Halloran,sole officer and director of Virginia Beach Financial Center,Inc,a Virginia Corporation • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Not applicable 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? not applicable 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 Disclosure Statement City of Viryiniu Beach Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes il 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 @I 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 E No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 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 Ili 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 I 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 I No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I n s. e Disclosure State ment City of L'r,jiniu!fetich 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 II No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. • Owner Signature Edward F.Halloran,Principal Print Name and Title August 26,2021 .��/� f l� ',j('"�-/p AE. � LJ't'C ri �..� C td/1s'v :� �: J ht. Date,r- y,�' 2 , Revised 11.09.2020 7 I P a g e r4 SOS's..-..,IT y �y�vssll w " CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Approve a Contract with the Commonwealth of Virginia for Mental Health, Developmental, and Substance Use Disorder Services MEETING DATE: September 6, 2022 • Background: The Commonwealth of Virginia, through its Department of Behavioral Health and Developmental Services (DBHDS), provides funding for Mental Health, Developmental, and Substance Use Disorder services through a performance contract with local Community Services Boards (CSB) and Behavioral Health Authorities. This contract specifies the services to be provided by the CSB, the costs of those services, all revenues used to support the services, lists all state and federal statutory and regulatory requirements applicable to the CSB, and contains outcome and performance measures for the CSB. Under the provisions of§ 37.2-509(A)(5) of the Code of Virginia, DBHDS requires localities to match a minimum of 10% of the total amount of state and local funds. The City of Virginia Beach exceeds this minimum. • Considerations: Pursuant to § 37.2-508 of the Code of Virginia, the contract provides a substantial amount of funding needed to maintain important CSB services. This funding has previously been appropriated by the City for the Department of Human Services in the City's FY 2022-23 Operating Budget. The funding sources that support the $68,347,355 contract consist of: o $24,349,749 in total fee revenue, o $22,278,202 in local matching funds from the City, o $16,148,588 in revenue from the Commonwealth, o $2,884,365 in federal revenue, o $1,392,919 in revenue from other sources, and o $655,478 in retained earnings o $638,054 of regional state funding paid directly to vendors on behalf of the Virginia Beach CSB. The contract was approved by the CSB at a board meeting on August 18, 2022. ■ Public Information: This item has been advertised as part of the regular Council Agenda process. As required by law, the performance contract extension was made available for public comment for a period of 30 days. The 30-day window expired on August 15, 2022. • Attachments: Resolution, Exhibit A (Performance Contract Summary) Recommended Action: Approval Submitting Department/Agency: Human Services City Manager: nio 1 A RESOLUTION TO APPROVE A CONTRACT WITH THE 2 COMMONWEALTH OF VIRGINIA FOR MENTAL HEALTH, 3 DEVELOPMENTAL, AND SUBSTANCE USE DISORDER 4 SERVICES 5 6 WHEREAS, the Virginia Department of Behavioral Health and Developmental 7 Services(DBHDS) provides funding for mental health, developmental, and substance use 8 disorder services through a performance contract with local community services boards; 9 10 WHEREAS, the Virginia Beach Community Service Board exceeds the Code of 11 Virginia mandated minimum local match share for these services; and 12 13 WHEREAS, the Virginia Beach Community Service Board, at its August 18, 2022 14 meeting, approved the FY 2023 Performance Contract between the Virginia Beach 15 Community Service Board and Commonwealth of Virginia. 16 17 NOW BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 18 VIRGINIA THAT: 19 20 The City Council of Virginia Beach hereby approves the Fiscal Year 2023 21 Performance Contract with the Commonwealth of Virginia, a summary of which is attached 22 as Exhibit A, for a period concluding June 30, 2023. 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: E .1. 4-c-j/iLL€A , udget and Management Services Ci ' Office CA15894 R-1 August 24, 2022 FY2023 And FY2024 Community Services Performance Contract FY 2023 Exhibit A: Resources and Services Virginia Beach Community Services Board Consolidated Budget(Pagesthrough AF-3 AF-12) ---, _� Funding Sources _ ,Mental Health Developmental Substance -, TOTAL (MH) Services (DV) Services Use Disorder (SUD) Services Funds 12,816,982 857,558 2,458,356 16,132,896 Local Matching Funds 10,678,701 10,427,404 f 1,488,2641 22,594,369 i Total Fees 4,938,912 19,053,5721 355,827 24,348,311 Transfer Fees Inl(out) 0 0 0 0 Federal Funds i 416,023 0 t 2,434,782 2,850,605 Other Funds } 959,546 323,750 94,146 1,377,442 I State Retained Earnings 405,478 0 0 405,478 Federal Retained Earnings 0 0 0 t Other Retained Earnings i 0 0` 0 0 Subtotal Ongoing Funds } 30,215,642 30,662,284 6,831,375 67,709,301 State Funds One-Tim• 0 0. 0 0 t Federal Funds One-Time _ V' 0 0 0 Subtotal One-Time Funds 0 0` T _ 0 1 0 TOTAL ALL FUNDS 30,215,642 30,662,284 6,831,375 67,709,301 Cost for MH/DV/SUD Services 28,753,373 30,349,9401 3,141,051T— 62,944,364 ___ Cost for Emergency Services (AP-4) 4,735,531 1 :__ _ Cost for Ancillary Services (AP-4)I 667,4601 Total Cost for Services 68,347,3561 Local Match Computation -1 CSB Administrative Percentage I Total State Funds 1 -- 16,132,896� Administrative Expenses 7,652,594 Total Local Matching Funds 22,594,369E Total Cost for Services 68,347,355 Total State and Local Funds 38,727,265 Admin /Total Expenses j- 11.20% Total Local Match% 58.34% (Local/Total State+Local) E Report Date 7/15/2022 AF.1 FY2023 And FY2024 Community Services Performance Contract FY2023 Exhibit A:Resources and Services Virginia Beach Community Services Board Financial Comments Commentl MH Other Federal: $47,405 from USDA Fees Commentl MH Federal PATH includes additional$100,501 Comment3 MH Other Funds: Commentll roe Settlement,$34,500 from P&P,$916,066 for Jail Reentry,$8,200 from Beech Comments 11-1 ,$780 for rental fees. omment6 Total Is$959.548 Commentl Comment8 DV Other: $323,000 from DARS,$750 from prior year rev. Total is$323,750 COMMent9 Commentl° Commentll DV Philantropic: $3,444 from Donations Commentll I _ _ Comment13 Comment14 SA Other: Commentl5 $54,640 for Prevention SAIP funds,30,200 for Pathways services to other CSB's, Commentl6 $9,306 in anticipated Suicide Prevention funds. Total is$94,146 Commentll Comment18 Comment19 �- Comment20 Comment2l Comment22 Comment23 Comment24 Comment25` _1- - Report Date 7/15/2022 AF-2 FY2023 And FY2024 Community Services Performance Contract FY2023 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds FEES MH Medicaid Fees 4,347,837 MH Fees:Other 591,075 Total MH Fees 4,938,912 MH Transfer Fees In/(Out) 0 Total Net MH Fees 4,938,912 FEDERAL FUNDS MH FBG SED Child&Adolescent(93.958) 225,019 MH FBG Young Adult SMI(93.958) 0 MH FBG Crisis Services(93.958) 0 MH FBG SMI(93.958) 16,650 MH FBG Geriatrics(93.958) 0 MH FBG Peer Services (93.958) 0 Total MH FBG Adult Funds 16,650 MH Federal PATH(93.150) 126,949 MH Federal COVID Emergency Grant(93.665) 0 MH Federal State&Local Fiscal Recovery Fund(21.027) 0 MH Other Federal-DBHDS 0 MH Other Federal-COVID Support 0 MH Other Federal-CSB 47,405 Total MH Federal Funds 416,023 STATE FUNDS Regional Funds MH Acute Care(Fiscal Agent) 0 MH Acute Care-Transfer In/(Out) 0 Total Net MH Acute Care-Restricted 0 MH Regional DAP(Fiscal Agent) 0 MH Regional DAP-Transfer In/(Out) 13,052 Total Net MH Regional DAP-Restricted 13,052 MH Regional Residential DAP-Restricted 0 MH Crisis Stabilization(Fiscal Agent) 0 MH Crisis Stabilization-Transfer In/(Out) 794,934 Total Net MH Crisis Stabilization-Restricted 794,934 MH Transfers from DBHDS Facilities(Fiscal Agent) 0 MH Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net MH Transfers from DBHDS Facilities-Restricted 0 MH Expanded Community Capacity(Fiscal Agent) 0 MH Expanded Community Capacity-Transfer In/(Out) 301,854 Total Net MH Expanded Community Capacity-Restricted 301,854 MH First Aid and Suicide Prevention(Fiscal Agent) 0 MH First Aid and Suicide Prevention-Transfer In/(Out) 0 Total Net MH First Aid and Suicide Prevention-Restricted 0 AF-3 Report Dote 7/15/2022 FY2023 And FY2024 Community Services Performance Contract FY2023 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH STEP-VA Outpatient(Fiscal Agent) 608,975 MH STEP-VA Outpatient-Transfer In/(Out) 10,000 Total Net MH STEP-VA Outpatient-Restricted 618,975 MH STEP-VA Crisis(Fiscal Agent) 600,000 MH STEP-VA Crisis-Transfer In/(Out) 632,500 Total Net MH STEP-VA Crisis-Restricted 1,232,500 MH STEP-VA Clinician's Crisis Dispatch(Fiscal Agent) 0 MH STEP-VA Clinician's Crisis Dispatch-Transfer In/(Out) 0 Total Net MH STEP-VA Clinician's Crisis Dispatch-Restricted 0 MH STEP-VA Peer Support(Fiscal Agent) 142,482 MH STEP-VA Peer Support-Transfer In/(Out) 0 Total Net MH STEP-VA Peer Support-Restricted 142,482 MH STEP-VA Veterans Services(Fiscal Agent) 102,108 MH STEP-VA Veterans Services-Transfer In/(Out) 0 Total Net MH STEP-VA Veterans Services-Restricted 102,108 MH Forensic Discharge Planning(Fiscal Agent) 252,830 MH Forensic Discharge Planning-Transfer In/(Out) 0 Total Net MH Forensic Discharge Planning-Restricted 252,830 MH Permanent Supportive Housing(Fiscal Agent) 2,094,546 MH Permanent Supportive Housing-Transfer In/(Out) 0 Total Net MH Permanent Supportive Housing-Restricted 2,094,546 MH CIT-Assessment Sites 348,668 MH CIT-Assessment Sites-Transfer In/(Out) 0 Total Net MH CIT-Assessment Sites-Restricted 348,668 MH Recovery(Fiscal Agent) 0 MH Other Merged Regional Funds(Fiscal Agent) 1,929,952 MH State Regional Deaf Services(Fiscal Agent) 0 MH Total Regional-Transfer In/(Out) 0 Total Net MH Unrestricted Regional State Funds 1,929,952 Total Net MH Regional State Funds 7,831,901 Children State Funds MH Child&Adolescent Services Initiative-Restricted 338,661 MH Children's Outpatient Services-Restricted 75,000 MH Juvenile Detention-Restricted 111,724 Total MH Restricted Children's Funds 525,385 MH State Children's Services 25,000 MH Demo Proj-System of Care(Child) 0 Total MH Unrestricted Children's Funds 25,000 MH Crisis Response&Child Psychiatry(Fiscal Agent) 0 MH Crisis Response&Child Psychiatry-Transfer In/(Out) 144,369 Total Net MH Crisis Response&Child Psychiatry-Restricted 144,369 Total State MH Children's Funds(Restricted for Children) 694,754 AF-4 Report Date 7/15/2022 FY2023 And FY2024 Community Services Performance Contract FY2023 Exhibit A:Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds Other State Funds MH Law Reform -Restricted 397,790 MH Pharmacy-Medication Supports-Restricted 29,949 MH Jail Diversion Services-Restricted 241,670 MH Rural Jail Diversion-Restricted 0 MH Docket Pilot JMHCP Match-Restricted 0 MH Adult Outpatient Competency Restoration Services-Restricted 0 MH Expand Telepsychiatry Capacity-Restricted 0 MH PACT-Restricted 850,000 MH PACT-Forensic Enhancement-Restricted 200,000 MH Gero-Psychiatric Services-Restricted 0 MH STEP-VA SDA,Primary Care Screening and Ancillary Services-Restricted 547,129 MH STEP-VA Psychiatric Rehabilitation Services-Restricted 0 MH STEP-VA Care Coordination Services-Restricted 0 MH STEP-VA Case Management Services-Restricted 0 MH STEP-VA Data Systems and Clinicians Processes-Restricted 0 MH Young Adult SMI-Restricted 0 Total MH Restricted Other State Funds 2,266,538 MH State Funds 2,023,789 MH State NGRI Funds 0 MH Geriatrics Services 0 Total MH Unrestricted Other State Funds 2,023,789 Total MH Other State Funds 4,290,327 Total MH State Funds 12,816,982 OTHER FUNDS MH Other Funds 959,546 MH Federal Retained Earnings 0 MH State Retained Earnings 0 MH State Retained Earnings-Regional Programs 405,478 MH Other Retained Earnings 0 Total MH Other Funds 1,365,024 LOCAL MATCHING FUNDS MH Local Government Appropriations 10,678,701 MH Philanthropic Cash Contributions 0 MH In-Kind Contributions 0 MH Local Interest Revenue 0 Total MH Local Matching Funds 10,678,701 Total MH Funds 30,215,642 MH ONE-TIME FUNDS MH FBG SMI(93.958) 0 MH FBG SED Child&Adolescent(93.958) 0 MH FBG Peer Services (93.958) 0 MH FBG Young Adult SMI(93.958) 0 AF-5 Report Dote 7/15/2022 FY2023 And FY2024 Community Services Performance Contract FY2023 Exhibit A:Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH FBG Geriatrics (93.958) 0 MH FBG Crisis Services(93.958) 0 MH One-lime State Funds 0 MH One-Time Restricted State Funds 0 Total MH One-Time Funds 0 TOTAL MH ALL FUNDS 30,215,642 AF-6 Report Dote 7/15/2022 FY2023 And FY2024 Community Services Performance Contract FY2023 Exhibit A:Resources and Services Developmental(DV)Services Virginia Beach Community Services Board Funding Sources Funds FEES DV Medicaid DD Waiver Fees 6,982,901 DV Other Medicaid Fees 0 DV Medicaid ICF/IDD Fees 11,535,593 DV Fees:Other 535,078 Total DV Fees 19,053,572 DV Transfer Fees In/(Out) 0 Total Net DV Fees 19,053,572 FEDERAL FUNDS DV Other Federal-DBHDS 0 DV Other Federal-COVID Support 0 DV Other Federal-CSB 0 Total DV Federal Funds 0 STATE FUNDS Regional Funds DV Crisis Stabilization(Fiscal Agent) 0 DV Crisis Stabilization-Transfer In/(Out) 0 Total Net DV Crisis Stabilization-Restricted 0 DV Crisis Stabilization-Children(Fiscal Agent) 0 DV Crisis Stabilization-Children-Transfer In/(Out) 0 Total Net DV Crisis Stabilization-Children-Restricted 0 DV Transfers from DBHDS Facilities(Fiscal Agent) 0 DV Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net DV Transfers from DBHDS Facilities-Restricted 0 Total Net DV Regional State Funds 0 DV Trust Fund-Restricted 0 DV Rental Subsidies-Restricted 0 DV Guardianship Funding-Restricted 0 Total DV Restricted State Funds 0 DV State Funds 857,558 DV OBRA Funds 0 Total DV Unrestricted State Funds 857,558 Total DV State Funds 857,558 Report Date 7/15/2022 AF-7 FY2023 And FY2024 Community Services Performance Contract FY2023 Exhibit A:Resources and Services Developmental(DV)Services Virginia Beach Community Services Board Funding Sources Funds OTHER FUNDS DV Workshop Sales 0 DV Other Funds 323,750 DV State Retained Earnings 0 DV State Retained Earnings-Regional Programs 0 DV Other Retained Earnings 0 Total DV Other Funds 323,750 LOCAL MATCHING FUNDS DV Local Government Appropriations 10,423,960 DV Philanthropic Cash Contributions 3,444 DV In-Kind Contributions 0 1 DV Local interest Revenue 0 l Total DV Local Matching Funds 10,427,404 Total DV Funds 30,662,284 DV ONE-TIME FUNDS DV One-Time State Funds 0 DV One-Time Restricted State Funds 0 Total DV One-Time Funds 0 TOTAL DV ALL FUNDS 30,662,284 Report Date 7/15/2022 AF-S FY2023 And FY2024 Community Services Performance Contract FY2023 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds FEES SUD Medicaid Fees 355,028 SUD Fees:Other 799 Total SUD Fees 355,827 SUD Transfer Fees In/(Out) 0 Total Net SUD Fees 355,827 FEDERAL FUNDS SUD FBG Alcohol/Drug Treatment(93.959) 1,250,920 SUD FBG Recovery(93.959) 0 Tota SUD FBG Alcohol/Drug Treatment Funds 1,250,920 SUD FBG Women(includes LINK at 6 CSBs)(93.959) 187,279 SUD FBG Prevention(93.959) 279,020 SUD Federal COVID Emergency Grant(93.665) 0 SUD Federal SBIRT Youth(93.243) 0 SUD Federal State&Local Fiscal Recovery Fund(21.027) 0 SUD Federal Opioid Response—Recovery(93.788) 89,772 SUD Federal Opioid Response—Treatment(93.788) 510,000 SUD Federal Opioid Response—Prevention(93.788) 105,000 Total SUD Federal Opioid Response Funds(93.788) 704,772 SUD Other Federal-DBHDS 0 SUD Other Federal-COVID Support 0 SUD Other Federal-CSB 12,791 Total SUD Federal Funds 2,434,782 STATE FUNDS Regional Funds SUD Facility Reinvestment(Fiscal Agent) 0 SUD Facility Reinvestment-Transfer In/(Out) 476,036 Total Net SUD Facility Reinvestment-Restricted 476,036 SUD Transfers from DBHDS Facilities(Fiscal Agent) 0 SUD Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net SUD Transfers from DBHDS Facilities-Restricted 0 SUD Community Detoxification(Fiscal Agent) 0 SUD Community Detoxification-Transfer In/(Out) 0 Total Net SUD Community Detoxification-Restricted 0 SUD STEP-VA(Fiscal Agent) 0 SUD STEP-VA-Transfer In/(Out) 0 Total Net SUD STEP-VA-Restricted 0 Total Net SUD Regional State Funds 476,036 AF-9 Report Date 7/15/2022 FY2023 And FY2024 Community Services Performance Contract FY2023 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds Other State Funds SUD Women(includes LINK at 4 CSBs)-Restricted 1,800 SUD MAT-Medically Assisted Treatment-Restricted 130,000 SUD Permanent Supportive Housing Women-Restricted 0 SUD SARPOS-Restricted 76,097 SUD Core Peer&Recovery-Restricted 0 Total SUD Restricted Other State Funds 207,897 SUD State Funds 1,513,420 SUD Region V Residential 131,215 SUD Jail Services/Juvenile Detention 27,216 SUD HIV/AIDS 102,572 Total SUD Unrestricted Other State Funds 1,774,423 Total SUD Other State Funds 1,982,320 Total SUD State Funds 2,458,356 OTHER FUNDS SUD Other Funds 94,146 SUD Federal Retained Earnings 0 SUD State Retained Earnings 0 SUD State Retained Earnings-Regional Programs 0 SUD Other Retained Earnings 0 Total SUD Other Funds 94,146 LOCAL MATCHING FUNDS SUD Local Government Appropriations 1,488,264 SUD Philanthropic Cash Contributions 0 SUD In-Kind Contributions 0 SUD Local Interest Revenue 0 Total SUD Local Matching Funds 1,488,264 Total SUD Funds 6,831,375 SUD ONE-TIME FUNDS SUD FBG Alcohol/Drug Treatment(93.959) 0 SUD FBG Women(includes LINK at 6 CSBs)(93.959) 0 SUD FBG Prevention(93.959) 0 SUD FBG Recovery(93.959) 0 SUD One-lime State Funds 0 SUD One-Time Restricted State Funds 0 Total SUD One-Time Funds 0 TOTAL SUD ALL FUNDS 6,831,375 AF-10 Report Date 7/15/2022 FY2023 And FY2024 Community Services Performance Contract FY 2023 Exhibit A:Resources and Services Local Government Tax Appropriations Virginia Beach Community Services Board City/County Tax Appropriation Virginia Beach City 22,590,925 Total Local Government Tax Funds: 22,590,925 1 Report Date 7/15/2022 AF-11 i FY2023 And FY2024 Community Services Performance Contract FY2023 Exhibit A: Resources and Services Supplemental Information Reconciliation of Projected Resources and Core Services Costs by Program Area Virginia Beach Community Services Board MH DV SUD Emergency Ancillary Services Services Services Services Services Total Total All Funds(Page AF-1) 30,215,642 30,662,284 6,831,375 67,709,301 Cost for Mu ,DV,SUD, 28,753,373 30,349,940 3,841,051 4,735,531 667,460 68,347,355 Emergency,and Ancillary Services Difference 1,462,269 312,344 2,990,324 -4,735,531 -667,460 -638,054 Difference results from Other: 638,054 Explanation of Other in Table Above: WTCSB DAP paid on behalf of VBCSB at$638,054 Report Date 7/15/2022 AF-12 FY2023 And FY2024 Community Services Performance Contract FY2023 Exhibit A: Resources and Services CSB 100 Mental Health Services Virginia Beach Community Services Board Report for Form 11 Projected Numbers of Projected • Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 312 Medical Services - 23.15 FTEs 2650 $3,460,658 350 Assertive Community Treatment 14.82 FTEs 100 $2,003,532 __ 320 Case Management Services 63.02 FTEs 1455 $7,121,241 .k 10 Day Treatment or Partial Hospitalization 6 Slots 18 $187,654 425 Mental Health Rehabilitation --- _ 41 Slots 100 $1,622,608� 460 Individual Supported Employment 4.75 FTEs 37 $470,812 510 Residential Crisis Stabilization Services 8 Beds 320 $3,149,779 521 Intensive Residential Services 4 Beds 4 _ $426,395 551 Supervised Residential Services 32 Beds 40 $517,751 1 1 581 Supportive Residential Services 17.39 FTEs 145 $4,346,466 610 Prevention Services 02 FTEs $22,520 immat Totals 4.669 $23,329,414 Form 11A: Pharmacy Medication Supports Number of Consumers j 803 Total Pharmacy Medication Supports Consumers 3 Report Date 7/15/2022 AP-1 Z-dV ZZOZ/SI/L airy'modal( 01,6`61,£`0£S ZZb`I. SIJ°,L { 80l'09Z`Z$ gg S31d 9E'0E saavues leguep!seJ an!poddns 1.89 88,'50I'6$ L wee L seolmeS le!luap!se i pas!nuadns !,gg MIMICS re sine SZ seo!ivas le!luap!seei anrsualul 6Z9 9Z£'LOVE Zr sp39 Zp (seol ues al/d3I pries-Allunww09)seopues!e!luap!seH an!sualu!A146!H 1.09 Z170`609$ 5L1. s31d L'01. luewAoldw3 pepoddng lenmpul pgy t h61.1I9$ 9£ sioiS 0L iueuItaldW3 pepoddn dna .__ 8 J S9 969 6SZ f$ 001, sto!S CV uollellikleH leluewd0leAe>Q S 9L6`E80'P$ 096 s31.j L£'OE seouueg IueweOeuev4 Ammo OZE! sisoa saal,�.ras nllasdsj salsas Auinraaag aatnlas saaln.tas aa03 1111°.L signPUIPuI palaafold papfoid Io s.tagtun.j palaafold IZ w.rog so;3Jodag pagog saain1as iHonmtuoD gasag gtul2JIA saaptias ismamdolaAau OOZ ISD saa!AJas pug saainosag :y llglgg3 £ZOZA3 )3e1luo3 aausuuojiad saaivas Sliunmmo3 tZOZA3 PuV£ZOZA3 FY2023 And FY2024 Community Services Performance Contract FY2023 Exhibit A: Resources and Services CSB 300 Substance Use Disorder Services Virginia Beach Community Services Board Report for Form 31 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 1310 Outpatient Services 7.05 FTEs 310 $875,504 1 335 Medication Assisted Treatment Services 3.75 FTEs 150 $850,149 3 1 320 Case Management Services 2.9 FTEs 60 $322,583 '410 Day Treatment or Partial Hospitalization 4 Slots 12 $79,559 '501 Highly Intensive Residential Services(Medically Managed Withdrawal Services) 2 Beds 105 $777,302 521 Intensive Residential Services 2 Beds 16 $85,231 610 Prevention Services 7.8 FTEs $870,723 Totals 653 $3,841,051 Report Date 7/15/2022 AP-3 FY2023 And FY2024 Community Services Performance Contract FY2023 Exhibit A: Resources and Services CSB 400 Emergency and Ancillary Services Virginia Beach Community Services Board Report for Form 01 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs ------------- 100 Emergency Services 41.29 FTEs 3175 $4,735,531 1318 Motivational Treatment Services 0.25 FTEs 27 $37,536 390 Consumer Monitoring Services 1.3 FTEs 279 $481,626 720 Assessment and Evaluation Services 1.3 FTEs 500 $148,298 Totals 3,981 $5,402,991 Report Date 7/15/2022 AP-4 FY2023 And FY2024 Community Services Performance Contract Table 2: Board Management Salary Costs Name of CSB: Virginia Beach Community Services Board FY 2023 Table 2a: FY 2023 Salary Range Budgeted Tot. Tenure Management Position Title Beginning Ending Salary Cost (yrs) Executive Director $120,197.00 $186,305.00 $1,679,560.00 4.00 Table 2: Integrated Behavioral and Primary Health Care Questions 1. Is the CSB participating in a partnership with a federally qualified health center,free clinic, or local health department to integrate the provision of behavioral health and primary health care? No 2. If yes,who is the partner? a federally qualified health center Name: - a free clinic Name: a local health department, or Name: another organization Name: 3. Where is primary health(medical)care provided? on-site in a CSB program, on-site at the primary health care provider, or another site—specify: 4.Where is behavioral health care provided? on-site in a CSB program, D on-site at the primary health care provider,or another site—specify: Report Date 7/1 5/2022 AP-5 1 ` ifAs g :\Y 1 y _�T� J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $532,319 to the Clerk of the Circuit Court for Technology Related Expenses MEETING DATE: September 6, 2022 • Background: The Virginia Code imposes a $5 Technology Trust Fund Fee upon instruments recorded in the deed book. Four dollars of every $5 fee accumulates in a Technology Trust Fund to implement automation plans to modernize land records and update other automation and information technology equipment in the Office of the Clerk of the Circuit Court. In FY 2022-23, the Clerk's Office has been approved for $532,319 from the Technology Trust Fund. This funding will support the annual software maintenance agreement, the disaster recovery maintenance plan, any hardware and servers, as needed, the Court's E-Filing system, the Supreme Court of Virginia CCMS (case management software), the Supreme Court of Virginia CIS (case imaging software), and the Supreme Court of Virginia VDS (video docketing software). These funds will also support the hardware and software needs for the new Concealed Handgun Permit on-line application. • Considerations: This funding request is solely from the Technology Trust Fund. There is no request for the City to expend funds from its General Fund. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Clerk of the Circuit Court City Manager: /D 1 AN ORDINANCE TO APPROPRIATE $532,319 TO THE 2 CLERK OF THE CIRCUIT COURT FOR TECHNOLOGY 3 RELATED EXPENSES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 $532,319 is hereby appropriated, with estimated state revenues increased 9 accordingly, to the FY 2022-23 Operating Budget of the Clerk of the Circuit Court to support 10 technology related requirements including software and hardware needs. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - 'liar, 1 11, ) B dget and .nagement Services orne ' O ice 2-,k_f41/4. CA15896 R-1 August 24, 2022 u - ` ,�«-°icy. f Ti ,07_ j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $276,903 in Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund for Police Canines, Specialty Vehicles, and Training MEETING DATE: September 6, 2022 • Background: The Virginia Beach Police Department requests that the City Council approve the use of $276,903 in fund balance from the Police Federal & State Seized Assets Special Revenue Fund to purchase the following items not funded through the Virginia Beach Police Department's FY 2022-2023 Operating Budget: • Canines for K9 Unit and Special Investigations - $33,000 • Specialty Vehicles for Operations Division - $65,000 Police Training - $178,903 The canines are needed due to an upcoming retirement of a canine, for a new K9 handler that will be joining the unit soon, and a replacement canine for Special Investigations. The request for specialty vehicles includes a proposed purchase of four Trikke Police 72v ELITE Specialty Vehicles needed for patrol at the Oceanfront and Town Center. These vehicles provide a positive, non-threatening image and allow officers to engage with citizens on the ground. The vehicles perform well in crowded conditions and multi- terrain scenarios, including indoors. They are also fast and eco-friendly. It is not expected that the City Garage will need to maintain this equipment. The training request includes opportunities to enhance leadership capabilities such as the Police Executive Leadership School, FBI LEEDA Institute courses, the Senior Management Institute for Police, the IACP Leadership in Police Organizations Faculty Development Workshop and Mentoring training, or other appropriate leadership courses. • Considerations: In accordance with requirements of 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 they 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; as of July 2022, the unassigned fund balance is approximately $1.9 million. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Departmev t/Agency: Police Department City Manager: pprii 1 AN ORDINANCE TO APPROPRIATE $276,903 FROM THE 2 POLICE FEDERAL AND STATE SEIZED ASSETS SPECIAL 3 REVENUE FUND FOR POLICE CANINES, SPECIALTY 4 VEHICLES, AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $276,903 is hereby appropriated from the fund balance of the Police Federal and 10 State Seized Assets Special Revenue Fund to the FY2022-23 Operating Budget of the 11 Police Department to purchase three canines, specialty vehicles, and police training. 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: B dget and Management Services City ktttrney s Office CA15889 R-1 August 24, 2022 GNU 4., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Enforcement of Speed Laws and to Authorize an In-Kind Grant Match MEETING DATE: September 6, 2022 • Background: Since the 1990s, the Virginia Department of Motor Vehicles (DMV) has awarded numerous grants to the Virginia Beach Police Department for highway safety through the enforcement of traffic laws. Among these grants is an award to ensure motorists are not speeding in the City. The Speed Enforcement grant will be active from October 1, 2022, through September 30, 2023. Officers will use the funding for overtime and equipment needed for selective speed enforcement. • Considerations: The grant provides $90,580 in federal pass-through funding from the DMV. This funding consists of $42,000 for officer overtime, $26,220 for ten lidar units, and $22,360 for ten radar units. The grant requires a local match equal to 50% of the federal funds provided. This match may be made with in-kind resources, and the Police Department is able to provide the match within existing appropriations. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: r tiP 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF SPEED LAWS AND 3 TO AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $90,580 is hereby accepted from the U.S. Department of Transportation 9 National Highway Traffic Safety Administration via the Virginia Department of Motor 10 Vehicles, and appropriated, with federal revenue increased accordingly, to the FY 2022- 11 2023 Police Department Operating Budget for overtime and equipment expenses related 12 to the speed enforcement. 13 14 2. The local grant match (50% of the provided federal funds) is to be made in- 15 kind by the Police Department. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ya wr.`.�_►//LVIA�� :udget and T anagement Services i ttor y's Office CA15901 R-1 August 24, 2022 c4\V`'E L.., 14,, 41.E t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds to Support Child Care Programs at Four City Recreation Centers MEETING DATE: September 6, 2022 • Background: The Virginia Department of Education (VDOE)received $488 million from the American Rescue Plan Act to develop and implement a Child Care Stabilization Grant Program. The goal of this program is to stabilize childcare programs, support providers to address staffing challenges, and to help childcare providers make strategic investments in their programs. Grant recipients are eligible to receive three quarterly payments. On March 1, 2022, the City Council approved the original Child Care Stabilization Grant award for $329,000 for four of the City's recreation centers. This award is in addition to the previously awarded funds and will provide assistance to the Department's Early Childhood Programs at the following recreation centers: Program Award Princess Anne Recreation Center s $12,990 Bow Creek Recreation Center $14,390 Kempsville Recreation Center $13,230 Williams Farm Recreation Center $13,920_1 j TOTAL $54,530 , • Considerations: The total award for these recreation centers is $54,530 and may be used for the following expenditure categories: o Personnel costs, including wages, benefits, scholarships, and professional development o PPE, cleaning, and other health and safety practices o Equipment and supplies, including indoor and outdoor equipment and supplies that facilitate social distancing, minimize sharing, and allow for regular outdoor play o Goods and services that are necessary for regular operations, including food, equipment, toys and books, and feeding or diapering supplies o Mental health services, including infant and early childhood mental health consultation services Funds from this grant may not be used to fund capital investments and cannot be used for expenses incurred prior to the grant period. Through this partnership, the Department will focus on expanding access to the publicly funded preschool services for unserved and underserved three- to four-year-old children. Using these funds, Parks and Recreation's Early Childhood programs will be able to improve program quality through class support, engage families in the decision-making process, and enhance our youth development initiative. • Public Information: Normal Council agenda notification process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation ' P City Manager: /i , 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO SUPPORT CHILD CARE PROGRAMS AT FOUR 3 CITY RECREATION CENTERS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $54,530 is hereby accepted from the Virginia Department of Education and 9 appropriated, with federal revenue increased accordingly, to the Operating Budget of the 10 Department of Parks and Recreation to support the Department's Early Childhood 11 Programs at the Princess Anne, Bow Creek, Kempsville, and Williams Farm Recreation 12 Centers. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services City Attorney's Office CA15895 R-1 August 24, 2022 vs�yy,Lt itr w �P 0 `''... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Enforcement of DUI Laws and to Authorize an In-Kind Grant Match MEETING DATE: September 6, 2022 • Background: Since the 1990s, the Virginia Department of Motor Vehicles (DMV) has awarded numerous grants to the Virginia Beach Police Department for highway safety through the enforcement of traffic laws. Among these grants is an award to ensure motorists are sober and not under the influence. The DUI Enforcement grant will be active from October 1, 2022, through September 30, 2023. Officers will use the funding for overtime needed for selective DUI enforcement, for two officers to attend annual training, and for equipment. • Considerations: The grant provides $47,200 in federal pass-through funding from the DMV. This funding consists of $33,600 for officer overtime, $12,000 for thirty Preliminary Breath Test units, and $1,600 for DMV-approved training. It also requires a local match equal to 50% of the federal funds provided. This match may be made with in-kind resources, and the Police Department is able to provide the match within existing appropriations. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: it9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF DUI LAWS AND TO 3 AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $47,200 is hereby accepted from the U.S. Department of Transportation 9 National Highway Traffic Safety Administration via the Virginia Department of Motor 10 Vehicles, and appropriated, with federal revenue increased accordingly, to the FY 2022- 11 2023 Police Department Operating Budget for overtime, training and equipment expenses 12 related to the DUI enforcement. 13 14 2. The local grant match (50% of the provided federal funds) is to be made in- 15 kind by the Police Department. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tudge " ak421c7tti 6 _ t and Management Services i n s Office CA15899 R-1 August 24, 2022 (" .,.r•s L S! 4 eil CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate State Funds from the Library of Virginia to Purchase Books and Materials MEETING DATE: September 6, 2022 • Background: The Library of Virginia provides grants to local libraries through its State Aid Grant. This revenue is estimated and appropriated each year as a part of the Adopted Budget. The FY 2022-23 grant award exceeds the budgeted grant amount by $34,349. The total amount that will be received by the City in the State Aid Grant this fiscal year is $289,178. This grant is based on a statutory formula. • Considerations: The grant funds will be used to purchase books and other materials for the City's Public Libraries' print and digital collection. These funds help fulfill the department's mission to meet the lifelong needs of a diverse community by providing access to quality resources and engaging programs. • Public Information: Normal Council agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager:/* 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS FROM THE LIBRARY OF VIRGINIA TO 3 PURCHASE BOOKS AND MATERIALS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $34,349 is hereby accepted from the Library of Virginia and appropriated, with 9 revenue from the Commonwealth increased accordingly, to the FY 2022-23 Operating 10 Budget of the Virginia Beach Public Library to purchase books and materials. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: gQitiriit/C) Budget Management Services Cit ttorney's Office CA15891 R-1 August 24, 2022 • '"18+c CITY OF VIRGINIA BEACH AGENDA ITEM Al ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Enforcement of Seat Belt and Occupant Protection Laws and to Authorize an In-Kind Grant Match MEETING DATE: September 6, 2022 • Background: Since the 1990s, the Virginia Department of Motor Vehicles (DMV) has awarded numerous grants to the Virginia Beach Police Department for highway safety through the enforcement of traffic laws. Among these grants is an award to ensure motorists adhere to the proper use of seat belts. The Seat Belt Enforcement grant will be active from October 1, 2022, through September 30, 2023. Officers will use the funding for overtime needed for enhanced seat belt enforcement. • Considerations: The grant provides $29,400 in federal pass-through funding from the DMV. It also requires a local match equal to 50% of the federal funds provided. This match may be made with in-kind resources, and the Police Department is able to provide the match with existing appropriations. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF SEAT BELT AND 3 OCCUPANT PROTECTION LAWS AND TO AUTHORIZE AN 4 IN-KIND GRANT MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $29,400 is hereby accepted from the U.S. Department of Transportation 10 National Highway Traffic Safety Administration via the Virginia Department of Motor 11 Vehicles, and appropriated, with federal revenue increased accordingly, to the FY 2022- 12 2023 Police Department Operating Budget for overtime related to the enforcement of seat 13 belt and occupant protection laws. 14 15 2. The local grant match (50% of the provided federal funds) is to be made in- 16 kind by the Police Department. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l.:eikZtiViCb 6-- udget and Management Services CI y or s Office CA15900 R-1 August 24, 2022 a� FU 4 - ,, l - ` trJt' i.) 4i,` I, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate State Funds to the Department of Human Services for the Developmental Services Division MEETING DATE: September 6, 2022 • Background: The Virginia Department of Behavioral Health and Developmental Services (DBHDS) had a balance of unspent Omnibus Budget Reconciliation Act funding that would normally go to serve intellectually disabled individuals residing in nursing facilities. This year, the funds are being allocated to individuals who reside both in nursing facilities and in the community at large. The City's developmental services case management unit identified nine individuals who need dental services, a wheelchair ramp, transportation services, and other housing modifications. • Considerations: The Department of Human Services has been approved to receive $21,000 from DBHDS through an Omnibus Budget Reconciliation Act reallocation award. These are one-time funds that will assist nine individuals in the community for health and household needs. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO THE DEPARTMENT OF HUMAN SERVICES 3 FOR THE DEVELOPMENTAL SERVICES DIVISION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $21,000 is hereby accepted from the Virginia Department of Behavioral Health and 9 Developmental Services and appropriated, with revenue from the Commonwealth 10 increased accordingly, to the Fiscal Year 2022-23 Operating Budget of the Department 11 of Human Services for the needs of clients within the Developmental Services Division. 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: Zi._,.. . Cyi2OtUf. ----- udget and Management Services e e CA15892 R-1 August 24, 2022 (1t 0is:, ,n CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds for the Projects for Assistance in Transition from Homelessness Program within the Department of Human Services MEETING DATE: September 6, 2022 • Background: Projects for Assistance in Transition from Homelessness (PATH) is a program that provides outreach services to individuals experiencing homelessness. In Virginia Beach, this program is provided by the Department of Human Services, Behavioral Health and Developmental Services division. Primary funding comes from a federal pass-through grant from the Virginia Department of Behavioral Health and Developmental Services (DBHDS). For the past several years, DBHDS has made year-end awards of state general funds to support PATH Services. These continue to be one-time funds and are not budgeted in advance. On August 3, 2022, DBHDS approved a one-time award to the City of Virginia Beach's PATH program in the amount of $4,673. Funds must be fully expended by August 31, 2023, or any remaining balance must be returned at that time. • Considerations: This is one-time funding of $4,673 to support PATH program staff training and travel, as well as outreach services, including reasonable supply costs for outreach provisions for intended program beneficiaries. • Public Information: Normal Council Agenda process. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: /PAIV 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR THE PROJECTS FOR ASSISTANCE IN 3 TRANSITION FROM HOMELESSNESS PROGRAM WITHIN 4 THE DEPARTMENT OF HUMAN SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $4,673 is hereby accepted from the Virginia Department of Behavioral Health and 10 Developmental Services and appropriated, with revenue from the Commonwealth 11 increased accordingly, to the Fiscal Year 2022-23 Operating Budget of the Department 12 of Human Services for the Projects for Assistance in Transition from Homelessness 13 Program. 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: • B dget and Management Services City Attor y's Office CA15893 R-1 August 24, 2022 J. PLANNING 1. REED ENTERPRISES INCORPORATED ONE, A VIRGINIA CORPORATION & LIBERTY TRANSMISSION & AUTO CARE, INC., A VIRGINIA CORPORATION for a Modification of Proffers to a Conditional Rezoning & Conditional Use Permit re auto repair garage at 3041 Holland Road DISTRICT 2 (Formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 2. JOYCE NELSON/SHELLEY GRAY SWEITZER& SUZANNE GRAY for a Conditional Change of Zoning from Conditional B-2 Community Business District to Conditional AG-2 Agricultural District re single-family dwelling at 2748 West Landing Road DISTRICT 2 (Formerly District 7—Princess Anne) RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 3. TFJG CANOPY, LLC / SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from A-12 Apartment District to Conditional B-4 Mixed Use District re redevelop the property with up to 132 multi-family dwelling units and commercial use at 1413 Laskin Road DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 4. T-MOBILE & CITY OF VIRGINIA BEACH for a Conditional Use Permit re communication tower at 2068 Landstown Centre Way DISTRICT 2 (Formerly District 7 — Princess Anne) RECOMMENDATION: APPROVAL 5. WORLD FAMOUS OCEANA BHS, INC / OCEANA CROSSINGS, LLC for Conditional Use Permits re tattoo parlor& body piercing at 1375 Oceana Boulevard, Unit 118 DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 6. WORLD FAMOUS BHS, INC / LYNNHAVEN INVESTMENT PARTNERS, LLC for Conditional Use Permits re tattoo parlor & body piercing at 2980 Virginia Beach Boulevard DISTRICT 8 (Formerly District 5 —Lynnhaven) RECOMMENDATION: APPROVAL 7. JENNY CORPORATION / ELIAS PROPERTY SALEM CROSSING, LLC for a Conditional Use Permit re tattoo parlor at 2029 Lynnhaven Parkway, Suite 200 DISTRICT 7 (Formerly District 3 —Rose Hall) RECOMMENDATION: APPROVAL s "u y e........b._..1 :�y ,,,_,... ..3 .„,,,,,,,:,:aotr„.:;,..., NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, September 6,2022 at 6:00 p.m.in the Council Chamber at City Hall,2.Floor at 2401 Courthouse Drive,Building 1,Virgnia 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: nttos://vbgov.webex.com/vbgov/onstage/g.oho?MTI D=ee348cfd8ff 7 03c8bb2f3ee0d151de20f 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 6,2022. The following requests are scheduled to be heard: Reed Enterprises Incorporated One, a Virginia Corporation (Applicant & Property Owner) Modification of Proffers Address: 3041 Holland Road GPIN(s):1495138628 Council District District 2 Liberty Transmission&Auto Care.Inc.a Virginia Corporation(Applicant) Reed Enterprises Incorporated One,a Virginia Corporation(Property Owner) Conditional Use Permit(Automobile Repair Garage)Address:3041 Holland Road GPIN(s):1495138628 Council District District 2 Joyce Nelson,Shelley Gray Sweitzer&Suzanne Gray(Applicants&Property Owners)Conditional Rezoning(Conditional B-2 Community Business District to Conditional AG-2 Agricultural District)Address:2748 West Landing Road GPIN(s):1492620072 Council District District 2 TFJG Canopy,LLC(Applicant&Property Owner)Conditional Rezoning(A-12 Apartment District to Conditional B-4 Mixed-Use District for construction of mixed retail,office,&132 dwelling units at a density of 11.96 units per acre) Address:1413 Laskin Road GPIN:2417183772 Council District District 6 T-Mobile(Applicant)City of Virginia Beach(Property Owner)Conditional Use Permit (Communication Tower) Address: 2068 Landstown Centre Way GPIN(s):Portion of 1484869245 Council District District 2 World Famous Oceana BHS,Inc(Applicant)Oceana Crossings,LLC(Property Owner)Conditional Use Permits(Tattoo Parlor&Body Piercing Establishment) Address:1375 Oceana Boulevard.Unit 118 GPIN(s):2415489273 Council District District 5 World Famous BHS,Inc(Applicant)Lynnhaven Investment Partners(Property Owner)Conditional Use Permits(Tattoo Parlor&Body Piercing Establishment) Address: 2980 Virginia Beach Boulevard GPIN(s): 1497251963 Council District District 8 Jenny Corporation(Applicant)Elias Property Salem Crossing,LLC(Property Owner) Conditional Use Permit(Tattoo Parlor) Address: 2029 Lynnhaven Parkway,Suite 200 GPIN(s):1475868600 Council District District 7 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. Amanda Barnes,MMC City Clerk BEACON-AUGUST 21,2022&AUGUST 28,2022-1 TIME EACH X ' B2 11 \\ \ \ \ AG2 11 B2 O B2 N c__ y N P r , \ of„- ,,NN N, c;), o O x 4r,,,, / 0 ‘ . 01 •, o ° ' AG1 N Reed Enterprises Incorporated One, a Virginia Corporation & W �� Site .`'�� ,�� 1 Pro ert Pol °Liberty Transmission & Auto Care, Inc, a Virginia Corporation S P y Yg 3041 Holland Road Zoning Building Feet 0 2040 80 120 160 200 240 Ise►r,�U may,, t is.: fix!.. tI CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: REED ENTERPRISES INCORPORATED ONE, A VIRGINIA CORPORATION & LIBERTY TRANSMISSION & AUTO CARE, INC, A VIRGINIA CORPORATION [Applicants] REED ENTERPRISES INCORPORATED ONE, A VIRGINIA CORPORATION [Property Owner] Modification of Proffers to a Conditional Rezoning & Conditional Use Permit (Automobile Repair Garage) for the property located at 3041 Holland Road (GPIN 1495138628). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: September 6, 2022 ■ Background: This request was previously recommended for approval at the May 10, 2022, Planning Commission hearing and approved at the June 7, 2022 City Council hearing. Following these actions, the applicant proceeded to record the proffers associated with the application and it was discovered that the property owner name had been incorrectly advertised and written in the proffer agreement. To correct this error, these applications were resubmitted to the Planning Commission and City Council. Aside from the name correction, no changes have been made to the content or scope of the applications. This request is two-fold and includes a Modification of Proffers to amend the proffered site plan, building elevations, and uses on the site, as well as a Conditional Use Permit to develop an Automobile Repair Garage for automotive transmission and small engine repair on the subject property. As part of these dual requests, the applicants are also requesting to rescind a Conditional Use Permit for a Bulk Storage Yard that was previously approved for this site. In 2017, the owner of this parcel was presented with an opportunity to develop a heavy automotive repair business on another parcel that is adjacent to the subject site. While the appropriate approvals were sought for that property (3249 Dam Neck Road), the owner also submitted a request to rescind the previously approved Conditional Use Permit for an Automobile Repair Garage for this property (3041 Holland Road). The previously proffered site plan and elevations from 2015 were unchanged with this revision and remain in effect. With the present requests, changes to the building's elevations, the layout of the site, and permitted uses are proposed as a new lessee—Liberty Transmission & Auto Care, Inc.—plans to operate an Automobile Repair Garage that will offer typical light automotive repair services such as oil and fluid changes and Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission & Auto Care, Inc Page 2 of 3 inspections. No heavy automotive repairs, such as body work, engine replacement, or painting, will be offered. • Considerations: While in the Suburban Area identified in the Comprehensive Plan, this property is also located in the Accident Potential Zone-2 and the 70-75 dB noise zone. Together, these overlays limit the possibility of residential development and make this site an ideal location for complementary non-residential uses. The thoughtful design and high-quality materials of the proffered site plan and building design relate well to existing, adjacent auto-oriented businesses. The building footprint is being reduced from 12,525 square feet of mixed shop area and office area to a total size of 5,920 square feet. The outdoor storage area will be removed, and parking spaces will be added at the rear of the building. The previously proposed stormwater management facility will remain in the same approximate location and with the same approximate dimensions. The proposed site layout includes 39 parking spaces, which exceeds the maximum nine spaces permitted for automotive repair businesses of this square footage per Section 203(a)(16). Excess parking requires approval by the Planning Director per Section 203(b)(9). The proposed plantings along the street frontage and throughout the site will further emphasize the thoughtful design of the building and will provide an attractive visual transition from the Dam Neck Road corridor into the lower intensity corridor along Holland Road. The previously approved development plans that included a 12,525 square-foot building was estimated to generate 200 average daily trips. The current proposal will have a reduced average daily trip count as compared to what otherwise could be developed by right as well as compared to the existing approved use of the site; additionally, Holland Road is currently operating under its maximum traffic volume capacity. 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 August 10, 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. The development of the site shall substantially conform with the site plan entitled "SITE LAYOUT TRANSMISSION AND AUTO CARE CENTER FOR NEAL REED 3041 HOLLAND ROAD VIRGINIA BEACH, VIRGINIA," prepared by SIA and dated 4/3/2022 and with the elevation plans entitled, "LIBERTY TRANSMISSION & AUTO CARE, INC. 3041 HOLLAND ROAD, VIRGINIA BEACH, VA 23453, dated April 5, 2022 and which both have been exhibited to Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission & Auto Care, Inc Page 3 of 3 the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 2. All motor vehicle repairs shall take place inside the building. 3. No outside storage of equipment, parts or materials shall be permitted. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 5. No tires for sale, merchandise or parts shall be displayed or stored outside. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 8. A photometric plan shall be submitted at the time of final site plan review. 9. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the release of the final site plan. 10.A final stormwater plan shall be submitted to the Development Services Center (DSC) for review and approval. 11.Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. ■ 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 Department0 City Manager: /4 Applicants Reed Enterprises Incorporated One, a Virginia Corporation Agenda Item & Liberty Transmission &Auto Care, Inc, a Virginia Corporation 14 & Property Owner Reed Enterprises Incorporated One CltUof Planning Commission Public Hearing August 10, 2022 15 Virginia Beach City Council District District 2, formerly Princess Anne Requests #14— Modification of Proffers #15—Conditional use Permit (Automobile Repair Garage) Staff Recommendation __ , Approval Staff Planner tea. Elizabeth Nowak \\/A‘c Location 3041 Holland Road ` \t.s"... GPIN 1495138628 " Site Size �,,.v NI*,3.07 acres 41( AICUZ 70-75 dB DNL; APZ-2 Watershed Southern Rivers ExistingLand Use and Zoning District �`� ? ` `' Undeveloped lot/ B-2 CommunityBusiness . '••. '�''`.. ``0 i - . ri,:,`'if .g;,' T.�-f - -•,' P , led • , Surrounding Land Uses and Zoning Districts d'• ;:�' .,. . `, North o ` '.r N% — it Holland Road `-' • - '' r' " ' ' +. t � }` Office warehouse, animal shelter/ I-1 Light `Ali, i .Z .-..t ' y ' ' 01i �Vs* i Industrial ` . • - ''- South '• - '!s}' . . ,. • ` . I Single-family dwelling/AG-2 Agricultural 't ' • ,/-:Y ; �'a ' East �,, �; 4,, Single-family dwellingAG-2 Agricultural • �: �•N •�` West y, ,, " .;, +}i.' ,-x t. 4,., tc), . +- tom.: '- . �. ' j„• ma's Single-family dwelling, automobile repair& t. i.,. . '�' 4.;,j,rr = .- ,.. , ;,•.- . ;.f.,, )0 sales/ B-2 Community Business,AG-2 '- '- -' 11 .. ._A ' -�_4% ..,.S! .. *: _: ' '14 1' ' Agriculture Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 1 Background & Summary of Proposal • These requests for a Modification of Proffers and Conditional Use Permit were previously heard and recommended for approval by Planning Commission on May 11, 2022 and approved by City Council on June 7, 2022. Following these actions, it was discovered that the proffer agreement, advertising, and public notice had identified the incorrect property owner.These requests are being resubmitted to Planning Commission and City Council to correct the property owner name.Aside from this correction,the nature and scope of the proposals remain unchanged. • Reed Enterprises, Inc. is requesting a Modification of Proffers on this property to amend the proffered site plan, building elevations, and uses on the site.This Modification of Proffers supports a simultaneous request by Liberty Transmission &Auto Care, Inc. for a Conditional Use Permit to develop an Automobile Repair Garage for automotive transmission and small engine repair on the subject property. As part of these dual requests,the applicants are also requesting to rescind a Conditional Use Permit for a Bulk Storage Yard that was previously approved for this site. • This 3.07-acre parcel is zoned Conditional B-2 Community Business and is presently an undeveloped lot. The property was conditionally rezoned in 2013 from AG-2 Agriculture District to Conditional B-2 Community Business District. Conditional Use Permits for an Automobile Repair Garage and a Bulk Storage Yard were also sought and approved in conjunction with the 2013 conditional rezoning.The site layout, building elevations, and specific uses were all included with the proffers and conditions associated with the rezoning and Conditional Use Permit applications. In 2015,the proffers were modified to relocate the proposed stormwater retention facility. • In 2017,the owner of this parcel was presented with an opportunity to develop a heavy automotive repair business on another parcel that is adjacent to the subject site. While the appropriate approvals were sought for that property (3249 Dam Neck Road), the owner also submitted a request to rescind the previously approved Conditional Use Permit for an Automobile Repair Garage for this property (3041 Holland Road). The previously proffered site plan and elevations from 2015 were unchanged with this revision and remain in effect. • With the present requests to modify proffers and to reestablish a Conditional Use Permit for an Automobile Repair Garage,the proposal includes changes to the building's elevations,the layout of the site, and permitted uses. A new lessee—Liberty Transmission &Auto Care Inc.— proposes to operate an Automobile Repair Garage that will offer typical light automotive repair services such as oil and fluid changes and inspections. No heavy automotive repairs, such as body work, engine replacement, or painting, will be offered. • Along with the proposed change in uses,the applicants are proposing to modify the size of the building and, by extension,the layout of the site.The building footprint is being reduced from 12,525 square feet of mixed shop area and office area to a total size of 5,920 square feet. The outdoor storage area will be removed, and parking spaces will be added at the rear of the building. The previously proposed stormwater management facility will remain in the same approximate location and with the same approximate dimensions.The proposed site layout includes 39 parking spaces,which exceeds the maximum 9 spaces permitted for automotive repair businesses of this square footage per Section 203(a)(16). Excess parking requires approval by the Planning Director per Section 203(b)(9). • The new T-shaped building will have a red brick and buff color stone facade with large single-pane windows in the primary elevation. Overhead garage doors are located along the east and west elevations of the shop area to allow vehicles to enter and exit.The proposed design is very similar to buildings developed on adjacent properties as shown in site context photos on pages 11 and 12 of this report. • Wall signs shown in the provided elevations are for illustration purposes only; a sign package will be submitted for review when the applicant applies for appropriate sign permits. In addition to the proposed building signs,there will be a monument sign with a brick base located on the west side of the driveway.The height of the monument sign will not exceed eight feet,as noted in Proffer 3. Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 2 • The business will employ five to eight people.Typical operating hours will be 8:00 a.m. to 6:00 p.m., Monday through Friday. Zoning History # Request 1 MDC(Automobile Repair Garage)Approved 12/06/2017 CUP(Auto Repair Garage)Approved 05/17/2017 , ), R •226). CUP(Motor Vehicle Sales& Rentals)Approved �D 4z9a \ it 07/05/2016 CUP(Automobile Repair Establishment)Approved 02/22/2005 RSD � / 6 CRZ(AG-2 to Conditional B-2)Approved 02/22/2005 2 CUP(Auto Service Station)Approved 07/03/2001 �� CRZ(AG-2 to Conditional B-2)Approved 07/03/2001 Q �/ • \� 3 REZ(0-2 to I-1)Approved 02/14/1995 0 .447) ' 4 CUP(Animal Shelter)Approved 05/28/2002 Q o � �� 5 MDC&MDP(Auto Repair Garage& Bulk Storage Yard) 0 7 �. �� -.k Approved 12/8/2015 CUP(Auto Repair Garage&Bulk Storage Yard)Approved 414 10/08/2013 AG 1 L? CRZ(AG-2 to Conditional B-2)Approved 10/08/2013 / 6 CUP(Communication Tower)Approved 06/09/1998 REZ(AG-1 to I-1)Approved 12/05/1983 CUP(Bulk Storage Yard)Approved 12/05/1983 7 CUP(Communication Tower)Approved 02/23/1999 8 CRZ(AG-2 to 0-1)Approved 03/11/2008 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, these requests for a Modification of Proffers and for a Conditional Use Permit for an Automobile Repair Garage are acceptable. The site is located in the Suburban Area, as defined by the Comprehensive Plan. One of the major goals for the Suburban Area in the Comprehensive Plan is for the creation of"Great Neighborhoods," which calls for the development and clustering of compatible uses. The properties immediately adjacent to the subject site host compatible auto-service uses with high-quality design of a similar character as the applicant proposes. While in the Suburban Area,this property is also located in the Accident Potential Zone-2 and the 70-75 dB noise area.Together, these overlays limit the possibility of residential development and make this site an ideal location for complementary non-residential uses. The thoughtful design and high-quality materials of the proffered site plan and building design relate well to existing, adjacent auto-oriented businesses. Large windows increase transparency of the building and open into office space rather than the service area. The proposed plantings along the street frontage and throughout the site will further emphasize the thoughtful design of the building and will provide an attractive visual transition from the Dam Neck Road corridor into the lower intensity corridor along Holland Road. The site is located in the Southern Rivers Watershed.A site plan was reviewed and approved by the Development Services Center on January 28, 2022 for the previously proffered site concept, including stormwater impact analysis. The Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 3 current proposal has less impervious surface than the previous design, is located within the same general footprint as the previous proposal and proposes a similar stormwater management strategy for the site. In Staff's opinion, this design is likely able to meet stormwater impact regulations without an additional preliminary stormwater analysis. Recommended Condition 10 below addresses the need for a final stormwater plan to be submitted at the time of site review. Finally, it is Staff's opinion that this project will have no adverse impact on traffic on Holland Road. An analysis by Staff estimates that this development will generate 95 average daily trips. As compared with potential development of the site, it could generate up to 1,700 average daily trips based on the overall size of the site as zoned B-2 Community Business. The previously approved development plans that included a 12,525 square-foot building was estimated to generate 200 average daily trips.The current proposal will have a reduced average daily trip count; additionally, Holland Road is currently operating under its maximum traffic volume capacity. For these reasons, Staff recommends approval of these requests, subject to the proffers and conditions listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "SITE LAYOUT TRANSMISSION AND AUTO CARE CENTER FOR NEAL REED 3041 HOLLAND ROAD VIRGINIA BEACH, VIRGINIA", prepared by SIA, dated 04-03-2022,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Site Plan"). Proffer 2: The exterior of the building depicted on the Site Plan shall be substantially similar in appearance and shall utilize the building materials and colors depicted and described on the elevations entitled, "LIBERTY TRANSMISSION &AUTO CARE, INC. 3041 HOLLAND ROAD, VIRGINIA BEACH, VA 23453, dated April 5, 2022,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter"Elevation"). Proffer 3: The freestanding sign depicted on the Site Plan shall be brick based monument style sign no greater than eight feet (8') in height. Proffer 4: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Proffer 5: 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. Proffer 6: Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 4 These conditions supersede and replace those previously proffered conditions numbered 1 through 5 as set forth in the 2013 Proffers as modified by the 2015 Amended Proffers. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. The development of the site shall substantially conform with the site plan entitled "SITE LAYOUT TRANSMISSION AND AUTO CARE CENTER FOR NEAL REED 3041 HOLLAND ROAD VIRGINIA BEACH,VIRGINIA," prepared by SIA and dated 4/3/2022 and with the elevation plans entitled, "LIBERTY TRANSMISSION &AUTO CARE, INC. 3041 HOLLAND ROAD, VIRGINIA BEACH, VA 23453, dated April 5, 2022 and which both have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 2. All motor vehicle repairs shall take place inside the building. 3. No outside storage of equipment, parts or materials shall be permitted. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 5. No tires for sale, merchandise or parts shall be displayed or stored outside. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. 8. A photometric plan shall be submitted at the time of final site plan review. 9. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning& Community Development for review and ultimate approval prior to the release of the final site plan. 10. A final stormwater plan shall be submitted to the Development Services Center(DSC)for review and approval. 11. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission & Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 5 Comprehensive Plan Recommendations This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban area is maintained in a sustainable way. A primary criterion of creating Great Neighborhoods is to make sure new uses are compatible with surrounding uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There are no historical or cultural resources affected by this project. Stormwater Impacts Project Stormwater Design Staff Summary A site plan, along with a stormwater analysis, was approved by the Development Services Center on January 28, 2022 for the 2015 proffered site plan. The proffered modifications to this plan are within the general footprint of what was previously approved for storm water analysis and has less impervious surface. Given this and the recently approved site plan, a new preliminary stormwater analysis was not required at this time. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 15,900 ADT' 32,700 ADT 1 LOS 4"D„) Existing Land Use Z—1,700 ADT Proposed Land Use 3—95 ADT 'Average Daily Trips 2 as defined by a 3.1 acre parcel 3 as defined by a 5,920 square foot 4 LOS=Level of Service zoned B-2 Community Business Automobile Repair Garage Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There are no current Capital Improvement Projects to improve Holland Road,which is a four-land divided minor suburban arterial roadway. Public Utility Impacts Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 6 Water There is a 16-inch City water transmission main along Holland Road. The project site must connect to City water. Connection should be made to a one-inch water service line from Holland Road in accordance with an approved site plan (DSC File#H10-002623-SP). Sewer There is an 8-inch City sanitary sewer force main along Holland Road. The project site must connect to City sanitary sewer. Connection should be made to a four-inch plugged sanitary sewer force main from Holland Road in accordance with an approved site plan (DSC File#H10-002623-SP). Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on July 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022. • 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 August 4, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 21, 2022 and August 28, 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 August 22, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.coni/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on September 2, 2022. Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 7 g a2ed ST '8 tin swall epuo uo! eaodaoJ eiu!SJ!A e 'Dui 'aaej(my I8 uoissiWsueal Al.lagr 72 uo!leaodaoJ e!uiam e 'auo pa1eaodaoJul sasiadaalu3 paaa t ,: ..•sIA' 4r./a6t✓c N i 1 . \ s'-..1,LEW I 4 0 • , ,._7.7.x_;_.„.: i` 4. 4 Soc .9s1 fl-ffi/Moe i k ,. ' G.d t i'cl) 11.I 0 1 0- 1 4._.X. __ 1 „ I i '''' 11 4 ,- ii-7,.._ 1 ti 1 1 i roc V m S 1 1 i i 0 WIMI MI I( .°C1 - \ 1 .i, ,,,,--77ffr.-,,, ..., r TA © NP M �� 13 • �wMs 41, Akimiwp,„....\‘ , ,,. ial I \ -,=:, ,,-z=4,,..t.W.,_ „Atit,„"°7-.:: --ev-4---2 1 - .4_---- t, -r.. ..: z.....*- •• • . . z,..„., . ___ .... ...._ = ,„ --_____-.. 144?: 22,....., .../•....iii..N...„, 1 ---Z-1,,:4, 7,.: \\ 1 a a`\ -,,, I. 7141/441(.4klbif III �d `�r 4141111 �+y�bl �949 4. �,fl %,,c' --Zet.l ,,,1 . ,. .,r,, ,,frz,,, ‘I: , :',..,:..„: ill li f �J �JD �yJ - �r� did 1 26>10,4, • � lnoAei alis pasodoid Proposed Elevation Plan %\ 44111&\ „Aril , — -- 11111111111111111111111\ 01111?..- -.-- •43ir maistimmommiminsar ��s ram . _.• . L 1 � =�/t��/�/��i�k. �, 1 TRANSMISSION •ag► ..,-4 ..�m_,��••�••• \� i./ *No—&—� •-+ �U_ �\ OMMIIMINIL- i�- TO CARS I •!��MOsusiim emeiommitw�T�i,�iw1�w. _ •i��i� �� ,emsErwr ��i isms . � ors.. i �.nrma Fa pa a in 5 . i Ira ai•/iii- �� rt•� fir• ��t r�1 P.M. �i� �/ //nM ■pin_�/n .� ! '` i IIIIIMIIIIIIIIIIII . .........(1.10±1,:f i.---gAii\dri-'0 NI -....... Roof: Grey Architectural Shingles Liberty Transmission&Auto Care, Inc. Exterior Material: 3041 Holland Road,Virginia Beach,VA,23453 Red Brick Veneer Windows: White Vinyl Frames April 4,2022 Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 9 Proposed Elevation Plan • i- f 4:41 Roof: Grey Architectural Shingles Liberty Transmission& Auto Care, Inc. Exterior Material: 3041 Holland Road,Virginia Beach,VA, 23453 Red Brick Veneer April 4,2022 Windows: White Vinyl Frames Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 10 Site Photos T 1 �� \ by {e.U',.y �' :;'. r1: [)�i n. t i'-t.,_ . ..,..)Li„„- ....-.31. i.:,,;,,..4. , .4..,.... .,,, . 1 4 , ., . , to .i ..":, s, ., ,i. . ,,,k,:11 ' _1/4 ,, ., 'y' �, lk y 4ti , ;‘..: : ': " ifT-.:-;::::1,,,i: :_tcr5.17ii,k.' „'. k a' Y,•"say,; S, a rr 'tr ° t _ :.. '''''';'b..' 17.4'"7-'.'f:r...."''"-C,-.--,..„..*.fr,..-.',t• .1.7,,.,,-,- .., 4.4.''. :''' '..- .. 'l i''t i' . ‘-ii'l,'''''71,-:,.; — :•,. P ;�.t ,*s t�{�r " `.-��'��, • ..- - ms$.-i y � :vim , ��%..cE� 'ft.,..,,,3 . s s• �++ �f f .+. ,. +M1i �- Subject Site ill& z :''''\* --4!1 V .. .. - -. t--x- iC \` - K.. _. Existing fuel station and canvash adjacent to the subject site with similar design as proposed elevations Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 11 Site Photos . %if i --_, ' tiAtittkir i '-'---- Y* + . *Fla :lei I l'• '-t s,--,. ' 01 •' _ �,,.r.• ri m , ._ _.r_..y,s... ( � 2-) ir-• •r-„.1 -: • Context north across Holland Road from subject site. Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 12 Disclosure Statement Disclosure Statement `A y o/Virginia Rmrh 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 Liberty Transmission&Auto Care,Inc. Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? a Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Curtis Lee Price,II,President;Michelle Price,Secretary/Treasurer • If yes,list the businesses that have a parent-subsidiary:or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(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 Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 13 Disclosure Statement Disclosure Statement \43 lit u of Virgins B.-15 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 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 applicat on or any business operat ng 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;n connection with the subject of the application or any business operating or to be operated on the property?IL Yes ❑ No • If yes,identify the firm and individual providing the service Beverly Jones,CPA 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property'❑Yes l 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 I No • If yes,identify the purchaser and purchaser's service providers. 21 Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc,a Virginia Corporation Agenda Items 14 & 15 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 ❑No • If yes,identify the company and individual providing the service. Reed Enterprises IncorporatedCtne, Neal Reed 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?;Q Yes ❑No • If yes,identify the firm and individual providing the service. Site Improvements,Claude Lym 8. Is the applicant receiving legal services,n cornection 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. R. Edward Bourdon, Jr., Sykes, Bourdon Ahern & Levy: „Scott Cnl cmi n, rnl em sn t rr,1.„.t-, 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. Liberty Transmission&Auto Care, Inc. 1";SiCfen 1 Applicant Signature Curtis Lee Price, II,President Print Name and Title 3/01/2022 Date Is the applicant also the owner of the subject property? ❑Yes tif No • if yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications Q No changes as of I Date 8/17/2022 signature �y L /1/ T1, /BG G#�i /- Print Name Eliz eth Nowak Revised 11.09.2020 3 Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission & Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 15 Disclosure Statement r Disclosure StatementNB City of l`apirm bmdt 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 Reed Enterprises Incorporated One,a Virginia corporation Does the applicant have a representative? I Yes ❑No • If yes,list the name of the representative R Edward Bourdon,Jr,Esq.,Sykes,Bourdon,Ahern&Levy,P C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc below. (Attach a list if necessary) Neal Reed,President;Maurice Reed,Vice President;Manjula P.Reed,Secretary/Treasurer • 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 kevrsea 11.Uy.2020 1 1 Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission & Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 16 Disclosure Statement Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 17 Disclosure Statement 1113 City of Viryiro.Bach Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No ▪ If yes,identify the financial institutions providing the service 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ No • If yes,identify the firm and individual providing the service. Ramesh Joshi,CPA 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?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 ®No ▪ If yes,identify the purchaser anc purchaser's service providers Revised 11 09.2020 2 I Disclosure Statement Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 18 Disclosure Statement city u/t'iry„vo Saudi 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 or the property?R Yes ❑No ▪ If yes,identify the company and individual providing the service Reed Enterprises Incorporated One,Neal Reed 7. Does the applicant have an engineer/surveyor/agent it correction with the subject of the application or ary business operating or to be operated on the property?I Yes ❑No • If yes,identify the firm and individual providing the service. Claude Lym,SIA 8 Is the applicant receiving legal services in correction 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. 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 rs complete,true,and accurate I urderstarc tna:, upon receipt of notification that the application has beer 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. Reed Enter es Inc poiated Ore By: App1icaftt igna re — - Netl;ed,President Print Name and Title lj� zo Date Is the applicant also the owner of the subject property? II 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 iDate 08/17/2022 Signature [ ./ J _/ — Print Name Elizai4eh Nowak Revised 11.09 2020 3 Next Steps Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 19 • 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. Reed Enterprises Incorporated One, a Virginia Corporation & Liberty Transmission &Auto Care, Inc, a Virginia Corporation Agenda Items 14 & 15 Page 20 REED ENTERPRISES INCORPORATED ONE,a Virginia corporation SECOND AMENDMENT TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 14th day of June, 2022, by and between REED ENTERPRISES INCORPORATED ONE, a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 3.014 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS,the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated June 3, 2013 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20131015001228540 (hereinafter "2013 Proffers") and the previously proffered Covenants, Restrictions and Conditions dated August 31, 2015 as recorded in the afore referenced Clerk's Office as Instrument Number 20151216001204620 (hereinafter "2015 Amended Proffers") to reflect amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Grantor to delete the five (5) numbered proffers in the 2013 Proffer as amended by the 2015 Amended Proffers and replace them in their entirety with those proffers herein set forth; and PREPARED BY: GPIN: 1495-13-8628-0000 ISYKES.I30URDON. ARERN&LEVY.P.0 Prepared by: R.Edward Bourdon,Jr.,Esq.-VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite S00 Virginia Beach,Virginia 23462 WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change, 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 Grantor's modification of condition to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended declaration of conditions and restrictions which shall restrict and govern the physical development, operation,and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors,personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "SITE LAYOUT TRANSMISSION AND AUTO CARE CENTER FOR NEAL REED 3041 HOLLAND ROAD VIRGINIA BEACH, VIRGINIA", prepared by SIA, dated 04-03- 2022, which has been exhibited to the Virginia Beach City Council and is on file with the PREPARED BY: 111 SYIC£S,BOURDON, Virginia Beach Department of Planning (hereinafter"Site Plan"). AII£RN&LEVY,P.C. 2. The exterior of the building depicted on the Site Plan shall be substantially similar in appearance and shall utilize the building materials and colors depicted and 2 described on the elevations entitled, "LIBERTY TRANSMISSION & AUTO CARE, INC. 3041 HOLLAND ROAD,VIRGINIA BEACH,VA 23453,dated April 5, 2022,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning&Community Development (hereinafter"Elevation"). 3. The freestanding sign depicted on the Site Plan shall be a monument style sign with a brick base matching the brick on the building, no greater than eight feet (8') in height, with an internally lighted box sign and cap not exceeding the dimensional limitations set forth in the City Code. 4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 5. 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. 6. These conditions supersede and replace those previously proffered conditions numbered 1 through 5 as set forth in the 2013 Proffers as modified by the 2015 Amended Proffers. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such PREPARED BY: DiSYKES.ROURDON. instrument, provided that said instrument is consented to by the Grantee in writing as AHERN&LEVY.PC 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 3 the provisions of Section 15.2-2204 of the Code of Virginia,1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order,in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: L SYIC£S.BOURDON. N&LIVY.PC 4 WITNESS the following signature and seal: Grantor: Reed Enterprises Incorporated One, a Virginia corporation ,d ' ' � �'� By: .= �•�� (SEAL) taciea wee President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 14th day of June, 2022,by Neal Reed, President of Reed Enterprises Incorporated One, a Virginia corporation, Grantor. Notary Public tseeeeeteet��ei My Commission Expires: August 31, 2022 ` `,CP B.H. �,®�,� Notary Registration Number: 192628 ••Z GpMm04,N0 Z Ifi .� 1' • O o ?S?fi r17-7 4 ,�•• /UBL O PREPARED BY: L U SYKS.I0UIZDON. s A IBN&LEVY.P.C. 5 • EXHIBIT "A" All that certain tract, piece or parcel of land with the improvements thereon and appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough in the City of Virginia Beach, Virginia, and being designated and shown as Lots 28, 29 and 30 on a plat entitled, "Subdivision for W. W. Sawyer and Edwin J. Smith of a Tract of Land near Land Town in Princess Anne County, etc.", which plat is dated May, 1913 and made by J. E. Old Surveyor, and duly of record in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia, in Map Book 6, at Page 81; said lots fronting on the southwestern side of Holland Road and taken as a whole containing four (4) acres, more or less; reference to said plat is hereby made for a more particular description of said property fronting on Holland Road. SAVE AND EXCEPT that portion thereof heretofore conveyed for the widening of the existing Holland Road. GPIN: 1495-13-8628-0000 H:\AM\-Mod of Proffers\Reed Enterprises One\3041 HollandRoad\2nd Amendment to Proffers.docx PREPARED BY: SYK£S,POURDON. II FERN&LEVY,P.C. 6 Virginia Beach Planning Commission August 10, 2022, Public Meeting Agenda Items # 14 & 15 Reed Enterprises Incorporated One & Liberty Transmission & Auto Care Inc. [Applicants] Reed Enterprises Incorporated One [Property Owner] Modification of Proffers Conditional Use Permit (Automobile Repair Garage) Address: 3041 Holland Road RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Great. Thank you, sir. Next one is item number 14 and 15, Reed Enterprises and Virginia Corporation, Liberty Transmissions for Modification of Proffers and a Conditional Use Permit for Automobile Garage at 3401 Holland Road. Mr. Bourdon: Thank you. For the record, Eddie Bourdon, Virginia Beach Attorney representing the applicant, I appreciate this being on the consent agenda. It was already on it once, then City Council approved it on consent. I want to thank Ms. Eisenberg because she caught the fact that the dummy that is standing here (me), Reed Enterprises have represented for years with a Maryland Corporation, and about nine months ago, he sold his last Maryland property. We changed it to a Virginia Corporation, and to keep it straight,we changed the name to Incorporate One, and then we filed the application using the old name, so sorry for that. Sorry for wasting everybody's time. Thank you. Mr. Weiner: Thank you. Any opposition to this being placed on the Consent Agenda? Hearing none, I request to Mr. Bradley to read this in the record, please. Mr. Bradley: The request for a Modification of Proffers and Conditional Use Permit were previously heard and recommended for approval by the Planning Commission on May 11, 2022 and approved by City Council on June 7, 2022. Following these actions, it was discovered that the proffer agreement advertising and public notice had identified the incorrect property owner. These requests are being resubmitted to Planning Commission and city council to correct the property owner name.Aside from this correction, the nature and scope of the proposals remain unchanged. Staff recommended this, there's no opposition, so we're putting it on our consent agenda. Mr. Weiner: Thank you. Mr. Horsley. Mr. Chairman that is the end of the consent agenda. move for approval items number 1, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20. Mr. Alcaraz: Alright, thank you. I have taken that's your motion to approve those items. Thank you. Mr. Weiner: Is there a second? Hearing second, are there any Planning Commissioners abstaining any of these consent agendas items? Mr. Redmond: I want to make two disclosures. Number one, I should have disclosed earlier when we had application withdrawn, for some time I abstained on short-term rental applications and ordinances because I had a client in the travel industry, I no longer have that client, and so I am withdrawing the letter or at least withdrawing my abstention from those items, and henceforth I we'll be voting on those items. Second, I would also like to mention that Agenda Item Number 10, Jenny Corporation is applying at a shopping center at Salem Crossing Shopping Center, which is leased by a colleague of mine at my place of business. I don't receive any kind of remuneration or have anything to do with that piece of business. So I may merely make that disclosure. I will be voting in favor of that, and the rest of the consent agenda. Thank you. Mr. Alcaraz: Pursuant to the state and local government conflict of interest, I make the following declaration. I'm executing this written disclosure in hand regarding the Planning Commission's discussion on vote number 13, Ocean Developers, LLC 404 34' Street. I'm employed by the previous owner of this property, and though they're not the owners of this application, I believe that I have a financial personal interest in this transaction. As such, I've made a disclosure, and I will be abstaining from this application. Thank you. Madam Clerk: The vote is open. By vote of 10 in favor, zero against, noting that Mr. Alcaraz has abstained from voting on agenda item 13, agenda items number 1, 4,8,9,10,11,12,13,14,15,16,17,18,19,20 have been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "SITE LAYOUT TRANSMISSION AND AUTO CARE CENTER FOR NEAL REED 3041 HOLLAND ROAD VIRGINIA BEACH, VIRGINIA", prepared by SIA, dated 04-03-2022, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Site Plan"). Proffer 2: The exterior of the building depicted on the Site Plan shall be substantially similar in appearance and shall utilize the building materials and colors depicted and described on the elevations entitled, "LIBERTY TRANSMISSION & AUTO CARE, INC. 3041 HOLLAND ROAD, VIRGINIA BEACH, VA 23453, dated April 5, 2022, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development(hereinafter "Elevation"). Proffer 3: The freestanding sign depicted on the Site Plan shall be brick based monument style sign no greater than eight feet (8') in height. Proffer 4: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Proffer 5: 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. Proffer 6: These conditions supersede and replace those previously proffered conditions numbered 1 through 5 as set forth in the 2013 Proffers as modified by the 2015 Amended Proffers. 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. CONDITIONS 1. The development of the site shall substantially conform with the site plan entitled "SITE LAYOUT TRANSMISSION AND AUTO CARE CENTER FOR NEAL REED 3041 HOLLAND ROAD VIRGINIA BEACH, VIRGINIA," prepared by SIA and dated 4/3/2022 and with the elevation plans entitled, "LIBERTY TRANSMISSION & AUTO CARE, INC. 3041 HOLLAND ROAD, VIRGINIA BEACH, VA 23453, dated April 5, 2022 and which both have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development. 2. All motor vehicle repairs shall take place inside the building. 3. No outside storage of equipment, parts or materials shall be permitted. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 5. No tires for sale, merchandise or parts shall be displayed or stored outside. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 8. A photometric plan shall be submitted at the time of final site plan review. 9. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the release of the final site plan. 10. A final stormwater plan shall be submitted to the Development Services Center (DSC) for review and approval. 11. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AG AG 1 AG 1 AG1 AG2 AG2 /B2„ AG2 B2 Anjj o AG2 0 AG1 N r A Site WE Joyce Nelson, Shelley Gray Sweitzer & Suzanne Gray Property Polygons ys Zoning 2748 West Landing Road Building Feet 0 70140 280 420 560 700 840 rni .' 7 y Cma , 4c f, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: JOYCE NELSON, SHELLEY GRAY SWEITZER, SUZANNE GRAY [Applicants & Property Owners] Conditional Rezoning (Conditional B-2 Community Business District to Conditional AG-2 Agricultural District) for the property located at 2748 West Landing Road (GPIN 1492620072). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: September 6, 2022 • Background: In 1997, City Council approved a rezoning on this 6.23-acre property along the North Landing River from AG-2 Agriculture District to Conditional B-2 Community Business District and a Conditional Use Permit for a Marina with a boat storage facility. This approval provided the property owner the opportunity to operate a marina with a boat launch and store and storage for up to 50 boats. The applicant now seeks to rezone the parcel from Conditional B-2 Community Business to Conditional AG-2 Agricultural District as according to the application and the applicant's representative the marina has not been financially successful. • Considerations: While it is likely that most typical agricultural uses would be deemed compatible with Naval flight operations, the construction of a single-family dwelling, which is permitted in the agricultural districts, is not. The Zoning Ordinance states that an incompatible use, such as a dwelling in this noise zone of 70 — 75 dB DNL, is only allowed if City Council determines that there is no other reasonable use of land. Specifically, Section 1804(a) of the Zoning Ordinance states: "It shall be the policy of the City Council that no application ... shall be approved unless ... the City Council finds that no reasonable use designated as compatible under the applicable table or tables can be made of the property. In such cases, the City Council shall approve the proposed use of property at the lowest density or intensity of development that is reasonable." Following the consideration of input provided in the Staff report, the City Staff, and the applicant's representative, the Planning Commission determined that in this unique situation that there is no reasonable use of the property under the existing B-2 Community Business zoning designation and recommends approval of the request. The Planning Commission noted that the failure of the marina facility was evidence that other commercial uses permitted in the B-2 District would have the same outcome and, therefore, would not be reasonable on this site. In addition, if a residential dwelling is to be constructed, the proffers limit the six-acre site to only Joyce Nelson, Shelley Gray Sweitzer, & Suzanne Gray Page 2 of 2 one dwelling, which the Planning Commission determined would be the lowest density or intensity of development that is reasonable. Further details pertaining to the application, as well as Staff's evaluation and the verbatim of the Planning Commission's deliberation, are provided in the attached Staff Report. One letter of opposition was received about this request noting concerns related to floodplain impacts and health and safety. The applicant's representative provided a petition of support with eight signatures of property owners along West Landing Road who favor the agricultural zoning rather than the existing commercial zoning of the site. is Recommendation: On August 10, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 2. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter of Opposition (1) Petition of Support (8 signatures) Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager:er: IIIVBApplicants & Property Owners Joyce Nelson, Shelley Gray Agenda Item Sweitzer & Suzanne Gray Planning Commission Public Hearing August 10, 2022 3 City Council District District 2,formerly Princess Anne Virginia Beach Request Conditional Rezoning (Conditional B-2 Community Business District to Conditional AG- 2 Agricultural District) Staff Recommendation Denial Staff Planner Hoa N. Dao 1011 Wes,I dr,9 Road Location erigi 2748 West Landing Road GPIN 1492620072 Site Size 6.23 acres AICUZ 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District .Is:',,,,.,14 A� ,Hv. • '' �- • Former marina/Conditional B-2 Community y�'t-_ r .a " Business �l ;4,�, .'3 ; f` : S .,►> 4-'U,- t. Surrounding Land Uses and ZoningDistricts .'` •-• -4 }°` ',.''. '�4.4.1. ,,Y '14 it' 'Z'. ,y.':''-',. ',...-.-If.t.\,..p.... .,-`•:, - 'A-4,',y I` 4` ` -' North • , ,�..A . ; , ;,t A' °x ,: • rV j• •ri,; '4, .Y ;Y k North Landing River Inlet *. • ` ,<-+1` 4-• ,''., ' South _ West Landing Road ', ,, d Single-family dwelling/AG-2 Agricultural �a\�9R � East e. �," > ''}.;, ` r Or .ill , ,-'0, - Vacant lot/AG-2 Agricultural • " j West North Landing River - ri ,r•_.4. ' ., .:ic- '.st`- , : Joyce Nelson, Shelley Gray Sweitzer&Suzanne Gray Agenda Item 3 Page 1 Background & Summary of Proposal • The applicant submitted a unconditional rezoning request that was deferred at the June 8, 2022 Planning Commission public hearing and withdrawn at the July 13, 2022 hearing. This conditional rezoning request replaces the unconditional rezoning application that was withdrawn. • The applicant seeks to rezone the 6.23-acre parcel from Conditional B-2 Community Business to Conditional AG-2 Agricultural District. • In 1997, City Council approved a rezoning from AG-2 Agricultural District to Conditional B-2 Community Business District and a Conditional Use Permit for a boat storage facility, pier, and boat ramp. This approval provided the property owner the opportunity to operate a marina where customers could launch boats,store up to 50 boats on the site, and operate a small marina store. • In 2011, an application was filed to that would allow for storage and launching of jet skis from the site; however, that application was never considered by the Planning Commission as it was ultimately withdrawn due to opposition in large part associated with environmental impacts of jet ski activity in the North Landing River. • The property is located within the 70-75 dB DNL of the Air Installations Compatible Use Zones (AICUZ). • Below is a list of some uses that are permitted (P) in the AG-2 Agricultural District and compatibility with the AICUZ noise zone. The complete list of uses can be found in Sections 401 and 1804 of the Zoning Ordinance. USE AG-2 Compatible w/in the 70-75 dB DNL of AICUZ Agricultural, aquacultural and horticultural operations, including orchards, vineyards, nurseries and the raising and grazing of livestock, poultry and P Y swine and the keeping of bees Dwellings, single-family, except as specified in section 405(a) P N Fish hatcheries and fish ponds P Y Public elementary, intermediate and high schools, colleges and universities; day nurseries in connection with public or private elementary schools or P Y religious uses Public parks, recreational areas, botanical and zoological gardens,golf P Y courses, marinas and other public buildings and uses Recreational and amusement activities, as specified in and subject to the P Y provisions of subsection (c) • Following protocols established for review of proposed development actions that are incompatible with the AICUZ, on April 27, 2022,the applicant presented the merits of the request to the Joint Review Process Group (JRP). The JPR includes Staff from both NAS Oceana and the City of Virginia Beach and meets for the primary purpose to determine whether proposed discretionary applications comply with the applicable provisions of the AICUZ Overlay Ordinance and to report those findings to the Planning Commission and City Council. • Subsequent to the April meeting, at the request of the JRP and in accordance with Section 1804 of the Zoning Ordinance the applicant submitted a letter outlining their position that a reasonable use exception should be considered for this specific situation. The letter is included on pages 11 through 13 of this report. On May 18, 2022, the JRP reconvened to consider the merits presented within the reasonable use exception letter provided by the applicant for the unconditional rezoning to the AG-2 Agricultural District and deemed it not supportable. Subsequent to this,the applicant withdrew the unconditional rezoning application. Joyce Nelson, Shelley Gray Sweitzer&Suzanne Gray Agenda Item 3 Page 2 ,df / AGI AG 1 __ AG1 Zoning History A02 11* # Request 1 SVR(Lot Area)Approved 08/17/2021 �� : `ay A 2 CRZ(AG-2 to Conditional B-2)Approved 10/14/1997 j/ ` CUP(Commercial Marina& Boat Storage)Approved , 10/14/1997 Alibi- ' ° 3 SVR(Lot Area & Lot Width)Approved 01/09/1996 AGE 4 SVR(Lot Area & Lot Width)Approved 04/25/1995 Ira aa d AG1 1 _ 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 proposal to rezone this parcel to Conditional AG-2 Agricultural District with the proffers as provided, in Staff review, is not acceptable due to the fact that the rezoning could result in a use on the site that is not deemed compatible with the standards set forth in Article 18—Special Regulations in Air Installations Compatible Use Zones (AICUZ) of the Zoning Ordinance. As proffered, at least one single-family dwelling could be constructed on the site, thereby resulting in a use that is not compatible with the 70-75 dB DNL noise zone per Article 18 of the Zoning Ordinance. Section 1804(a)of the Zoning Ordinance states: "It shall be the policy of the City Council that no application ... shall be approved unless ...the City Council finds that no reasonable use designated as compatible under the applicable table or tables can be made of the property. In such cases,the City Council shall approve the proposed use of property at the lowest density or intensity of development that is reasonable." While the applicant has changed the request from an unconditional rezoning to conditional rezoning, staff does not support the application. Staff contends that, while limited, a reasonable use of the property exists under the current B-2 zoning designation which allows for the operation of a marina with a boat ramp, pier, accessory picnic area, boat storage yard, and a 400 square foot retail store. While a modification to the proffer agreement would be required to change use of the property from any of these aforementioned uses to a new AICUZ compatible use permitted in the B-2 District,this could be pursued. Alternatively,the applicant could also request to rezone this parcel to Conditional AG-2 Agricultural District where incompatible uses, such as residential,would be prohibited in order to be in compliance with Article 18 of the Zoning Ordinance. In sum, Staff finds that the request is not in compliance with Article 18 of the Zoning Ordinance and the applicant has not demonstrated that "no reasonable use designated as compatible under the applicable table or tables can be made of the property";therefore, Staff recommends denial of this rezoning request. Joyce Nelson, Shelley Gray Sweitzer& Suzanne Gray Agenda Item 3 Page 3 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 The Property shall only be used for one (1) or more of the following principal uses as permitted in the Zoning District: a. Agricultural, aqucultural and horticultural operations; b. A rural single family dwelling; c. Fish hatcheries and fish ponds; d. Forests and forestry; e. Home based wildlife rehabilitation. Proffer 2 The Property shall not be used for any principal uses other than as specified in proffer number 1 and it shall not be used for any conditional use as defined in the Use Regulations for the AG-2 Agricultural District in the Grantee's Zoning Ordinance. Proffer 3 Further conditions may be required by the Grantee during detailed site plan 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 cannot accept the proffers as offered since it allows for uses that are not compatible with the AICUZ regulations. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form subject to City Council finding that no reasonable use designated as compatible under the applicable table or tables of Article 18 can be made of the property. Comprehensive Plan Recommendations The Comprehensive Plan states that "control over land use and development in areas neighboring the airfields ultimately is the responsibility of local governments. The Navy,through its AICUZ Program, encourages local governments to plan for compatible development."Article 18 of the Zoning Ordinance identify residential uses that are within noise zone of 70 dB or higher to be incompatible uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed and there are no known significant cultural resources associated with this site. Drainage in the Southern Rivers Watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. Due to the property's location along the North Landing River, it is encumbered by the 50 foot Southern Rivers Watershed Buffer. In addition,the majority of the property is located in the AE Flood Zone (1% annual chance flood)with a Base Flood Elevation of 3, which is considered to be a high risk flood zone, as shown on the Flood Insurance Rate Maps. Because of the property's located in the Southern part of the city, classified by low topography, poorly draining soils, and wind tides,this area is referred to as the Floodplain Subject to Special Restrictions. Joyce Nelson, Shelley Gray Sweitzer&Suzanne Gray Agenda Item 3 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic West Landing Road No Data Available 9,900 ADT 1(LOS 4"D") Existing Land Use 2a—0 ADT Proposed Land Use 3a—10 ADT 1 Average Daily Trips 2a As defined by a vacant parcel 3a Based on highest ADT of counts 4 LOS=Level of Service available for proffered uses as 1 single-family dwelling Master Transportation Plan (MTP) and Capital Improvement Program (CIP) West Landing is a two-lane local street. It is not listed in the MTP and there are no roadway CIP projects slated for this area. Public Utility Impacts Water & Sewer City water&sewer is not available to the property. Health Department approval is required for private wells and septic systems. Public Outreach Information Planning Commission • One letter of opposition noting concers related to floodplain and health and safety concerns has been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022. • 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 August 4, 2022. City Council • One petition of support has been received by Staff. • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 21, 2022 and August 28, 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 August 22, 2022 Joyce Nelson, Shelley Gray Sweitzer&Suzanne Gray Agenda Item 3 Page 5 • 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 September 2, 2022. Joyce Nelson,Shelley Gray Sweitzer&Suzanne Gray Agenda Item 3 Page 6 Property Survey I • THIS PUT IS INTENDED AS AN EXHIBIT ONLY AND DOES REPRESENT A SUBDIVISION OF LAND. INDEPENDENT OF THE ASSOCIATED RECORD .LIE OFLr. DOCNM ENSR R IS AL SEFFNOT WENDED FOR ANY OTHER , J NCE 1 � �'~. • LOT AREA(GROSS) • 271,190 SO.FT. (6.23 AC.) gr, — - ' • AREA OUTSIDE OF SRWMA LISTER: '- TRAVIS M. FO 109,747 SOFT. (2.52 AC.) Lie. No. 28 SUBN N/F L'M B p. 37) D.O.K. WEST, LC 1492-64-114 1 (D.B. 3829, P. 1524) /-,_------ ..--- - 4 ,„00 .....- ..... , - ....... ..... )4 7 1/4), /S 15755.E 416.9' 56N 0 / ZONE X W 1 (SHADED) ZONE Ai i a / I ^ j as II.N.CWG COM / 6 6 SETBAac c e O. OF TERRY Gamy t •—AC. m O o 5D'SRWW BUFFER h % *�i o (DIGITIZED FROM CITY GIS) 1 w p `' a 1 WATERj.(_____DIG(TIZED FROM cm GTs) S 19'34'W J j ^ 'I 1 a 1�,� y �hbN 000 3 CO t 4cd m O i oL / ( ^O 1 'o EXLSf1NG n O STRUCTURE r (./., sS N 47£,000. ` S Ste, r...........,, 7 k V O / LINNI o \ l0 •3 i4) c, 4N. L --., ..-- ---- ---- ....... 45 b ; -- --- �Q p00 f��CCC H 0 N 214.8' 163' 14r0----coo N 26'OS" W N 1.T75•N' N 26'49' W NORTH LANDING RIVER LAND SURVEYING 1 SCAR: I. - 100' EXHIBIT SKEET 1 OF 1 SITE DESIGN or MAPPING PROPERTY OF OLIVIA J. NEILSON 6.6 AC. ± LOCATED 11 WEST NECK AS SHOWN IN MAP BOOK 72 AT PAGE 37 IN TEE CLERK'S OFFICE OF THE CIRCU COURT OP THE CITY OF VIRGINIA BEACH, VIRGLNIA A f PP VIRGINIA BEACH, VIRGINIA 29E1 ROOICK LANE For "RG""°n`57a 23456 la SHELLEY GRAY SWEITZER. ET ALS bne�urvry.mn rn•e1 n I ➢RW/chk: TYF 'VIRGINIA BEACH. VA IF.B. P. I27 NOVEMBER, 2021 I!N:021-217 Joyce Nelson, Shelley Gray Sweitzer& Suzanne Gray Agenda Item 3 Page 7 Site Photos } di ► '' "' • ,� ._ ,�.- .! e` ' • y, tr j,. - tip:;,- t-, i , -::,.x�* !! �tCb --it...,..-� _ r,.N T T ti • tfi. .... .. , ...- / cc{, i . . ,_ _ , ._. .... . , .._.,.,.... . . ,, . - - --- ..„..„‘„,,,,,,,4.,... .....„ ,..,.„ .. , ,,, .. r. . ,. IVAI:.;,,,M.P....!• "411. 9. It i i it r✓ w 'r i• •. 1[$ !'-" ..gym `4-* - .+•r -t - t 4 ~ - `•, K am\ -, �. ,.cu --I+ y,� Pw }.w...'-�C.. .,k, P.,. sue'-'►`u • ..� .. _ 4'. .e.H.�` i p^nY:-' "`-�!l` `s1'.=_-• '--SAY _ t. Joyce Nelson, Shelley Gray Sweitzer&Suzanne Gray Agenda Item 3 Page 8 Site Photos ell,- y s ,, 1F" n t,C a i -40 '''' .., "11) 1 a---'"., '114 tit— _i i- a • Y� j? fl • r ''� 71Fe �ii • 'i 7 ik s i Pik . ,; t i--, try 1 a + t� J w yj .511 • k .t:1Y. -ter - - _ `_'L �•`� • • t y. • '—'I- w^^:l[r '_ k.. ' .. .art. �; �(,. ;ty,;4 'i•u- 1_ .. r ♦._. ..F 1. a �. ,. - �, • • t '- ' w - r.,- - i . P [--,; ,, t , :,- -- - , _ , ; „.. " ___ _ ___....... . , _ . _. -____.. ... : it _.t ..7 #.y --, 1 • .. ,ri't ';-• S k a : • .Y d. .++J 4' 11.' ✓ _ 3 .c• Joyce Nelson, Shelley Gray Sweitzer& Suzanne Gray Agenda Item 3 Page 9 JRP Determination Letter 4 g_ .: City of Virginia Scacl-i U Y „asfit - ,life OLR NA1 Y./ PLMMIIC DEPARTMENT aCO 4U,NITYDEVELOPMENT 2875 SABRE STREET SUITE 500 ZONING DIVISION VRGINN BEACH.VA 23452.737 (757)385-8074 FAX(757)385.5887 May 27. 2022 R Edward Bourdon Jr. Esquire 4429 Bonny Rd. Virginia Beach, Virginia 23462 Re: Request for Reasonable Use Exception at 2748 West Landing Road[GPIN: 1492- 62-0072-0000] Dear Mr. Bourdon, I am in receipt of your reasonable use exception request to rezone 2748 West Landing Road [The Property]to AG-2 to allow construction of a single-family dwelling. The property is a 6.6 acre parcel located within the 70-75 dB AICUZ Aircraft Noise Level. Section 1803 of the City of Virginia Beach Zoning Ordinance states that any discretionary development for any property located within an Accident Potential Zone (APZ)or 65-70 dB DNL. 70-75 dB DNL or>75 dB DNL Noise Zone shall have review against Article 18 and the"Land Use Compatibility in Noise Zones"Table This section lists rezonings. including conditional rezonings. as"discretionary development applications" Table 1 —"Land Use Compatibility in Noise Zones". lists multiple uses which may be permitted by-right in the AG-2 zoning district as not compatible within the 70-75 dB AICUZ Aircraft Noise Level zone. Those uses include: all residential and related uses: nursing homes; nature exhibits; and public assembly halls. Section 1804 of the Virginia Beach Zoning Ordinance states the City Council policy regarding discretionary development applications within the AICUZ: (a) City council policy. Except as otherwise provided in this Article, it shall be the policy of the city council that no application included within the provisions of Section 1803 shall be approved unless the uses and structures it contemplates are designated as compatible under Table 1 below and. if Joyce Nelson, Shelley Gray Sweitzer&Suzanne Gray Agenda Item 3 Page 10 JRP Determination Letter Page 2 Reasonable Use Exception-2748 West Landing Road May 27, 2022 applicable. Table 2. unless the city council finds that no reasonable use designated as compatible under the applicable table or tables can be made of the property. In such cases. the City Council shall approve the proposed use of property at the lowest density or intensity of development that is reasonable In order for City Council to approve the rezoning of the property to AG-2 to allow incompatible uses, it would have to be found that no reasonable use designated as compatible under the applicable table or tables can be made of the property." While the Joint Review Process Group is generally supportive of the rezoning of the property to AG-2.which is in line with the surrounding properties, not all uses within AG-2 are listed as compatible within the 70-75 dB noise contour. Due to this application being a rezoning to unconditional AG-2. the Joint Review Process Group cannot support the rezoning as incompatible uses would be permitted as a matter of right. The property is currently zoned B-2 with proffers which limit the use to-no more than a boat ramp, pier, accessory picnic area. boat storage yard, and four hundred square foot retail store. The store to be developed on the property shall be for the indoor sale of boating accessories and supplies, and convenience items such as pre-packaged snack foods.- In 2011 an application was submitted to modify the proffers to allow jet ski storage and a jet ski launch. The application was generally opposed by surrounding neighbors and the application was withdrawn before City Council's action on the request. At this time there have been no other applications or submittals showing that none of the uses compatible within the 70-75 dB AICUZ Aircraft Noise Level zone are reasonable on this property. It is for the reasons listed and in accordance with Section 1804(a)of the Virginia Beach Zoning Ordinance. the Joint Review Process Group finds that the criteria that no reasonable use designated as compatible under the applicable table or tables can be made of the property- has not been met and cannot support a rezoning application to unconditional AG-2 at 2748 West Landing Road. Further zoning and/or use requirements can be found at the following website: www.vbqov.com/oovemment/departments/planning/zoninq If I can be of further assistance. please contact me at(757)385-8548 or email at HSabo©vbgov.com. Sincerely, Hannah Sabo Zoning Administrator, City of Virginia Beach Joyce Nelson, Shelley Gray Sweitzer&Suzanne Gray Agenda Item 3 Page 11 Reasonable Use Request Letter S B SYKES, BOURDON. A L AHERN &LEVY,P.C. ATTORNEYS AND COUNSELORS AT LAW 4429 BONNEY ROAD JON M.AHERN SUITE 500 R EDWARD BOURDON,JR VIRGINIA BEACH,VIRGINIA 23462 JAMES T CROMWELL -- -- ASHLEY M-EICK TELEPHONE 757-499-8971 L STEVEN EMMERT MARK R GARRETT FACSIMILE: 757-456-5445 May 9,2022 MOLLY R KISER KIRK B LEVY MICHAEL J.LEVY' HOWARD R SYKES.JR DAVID M ZOBEL Via Email:rtajan@c)vbgov.com 'Menem,.V.p,rw end Weitenglon DC Robert J.Tajan,Planning Director on behalf of Joint City-Navy Staff(M.O.U.)Group Department of Planning&Community Development-Current Planning 2875 Sabre Street Suite 500 Virginia Beach,Virginia 23452 Attn:Hoa Dao Attn:Captain John Lauterbach Re: "REQUEST FOR REASONABLE USE EXCEPTION" 2748 West Landing Road;6.6±acre parcel near the western terminus of West Landing Road spot zoned Conditional B-2 in October 1997 (Proffer Agreement recorded D.B. 3800, Pg. 0747);GPIN:1492-62-0072-0000 Dear Director Tajan: As discussed in the meeting on April 27, 2022,the subject property is the only property within miles of the western terminus of West Landing Road which is not within the AG-1/AG-2 Agricultural Zoning District and there are no City sewer or City water services available in this area,nor are these services likely to exist in this area in any of our lifetimes. Most critically,the only reason this property was able to obtain the unique Spot Zoning Approval to Conditional B-2 in 1997,was the very tightly limited utilization of the land as specified in the approved proffers. Because this property is situated on the western bank of the North Landing River the family which has owned it for decades expressly proffered("Paragraph 1")to utilize it as a boat launch and boat storage yard with small pier,a very small bait,tackle and boating supply store with"convenience items such as pre-packaged snack foods". Proffer number 2 states:"the Grantors shall not put the Property to any use except for the normal use of the facilities as described in Paragraph 1". No in water dockage is permitted,no food preparation or sale of prepared food is permitted,no sale of gas is permitted and the simple launching of jet skis is not permitted. When the family tried to get approval to simply allow jet skis to be stored(in the"boat storage yard") and launched (using the "boat launch") in 2011, they were strongly Joyce Nelson,Shelley Gray Sweitzer&Suzanne Gray Agenda Item 3 Page 12 Reasonable Use Request Letter ti II SYkIS.BOURDON. I AHERN&LEVY.P.C. Robert J.Tajan,Planning Director May 9,2022 Page 2 of 3 opposed by many neighbors and by the City. Their request was withdrawn in deference to the neighboring property owners'opposition. Simply put,the small family business venture,as so strictly limited,was not able to compete and survive financially. The family has tried unsuccessfully to sell the property due to the lack of any feasible use for it as it is currently zoned. Because this site is unquestionably rural,located well below the"Blue Line"in our agricultural southern half,there is no viable commercial use permitted in the B-2 Zoning District that could be viable financially,environmentally desirable and compatible with the surrounding properties.That is precisely why the Spot Zoning for this land use,which was not contemplated then,or now,under the City's Comprehensive Land Use Plan,was expressly limited to no other"use except for normal use of the facilities as described in Paragraph 1". There simply is no other potentially permittable use of this property in the B-2 Zoning District that is (a) recommended for this area under the City's Comprehensive Plan;(b)compatible with use of surrounding properties;(c)environmentally compatible; and(d)financially feasible and sustainable. This is true regardless of whether the use is compatible or incompatible under the AICUZ tables. Article 18 of our CZO was adopted following the BRAC/MOU process over eight (8) years after this property was conditionally rezoned "to regulate, in a manner consistent with the rights of individual property owners and the requirements of Military operations at NAS Oceana,development of uses and structures that are incompatible with NAS Oceana." The Application Form for"Reasonable Use Exception For Incompatible Uses"in the AICUZ >70 dbn area contemplates a zoning change which would permit a use of greater intensity or density. Attempting to revise the proffers attached to the present B- 2 Zoning is clearly inconsistent with our Comp Plan and basic land use and zoning principles and clearly not feasible. The same is true with respect to attempting to rezone this property for an economically viable use under any other Zoning District except Agriculture. Conversely, downzoning the property back to Agriculture, like every other property which surrounds this property within a very,very substantial surrounding land area cannot conceivably be deemed"unreasonable". Thus,basic logic and common sense dictates that downzoning this parcel back to Agriculture as it had been zoned from 1953 until 1997 and as all the land around it has been zoned from 1953 to 2022 constitutes a Joyce Nelson,Shelley Gray Sweitzer&Suzanne Gray Agenda Item 3 Page 13 Reasonable Use Request Letter ti I� SYKES.DOURDON. \`I ANERN&LEVY.P.C. Robert J.Tajan,Planning Director May 9,2022 Page 3 of 3 "Reasonable Use Exception". To conclude otherwise is akin to a condemnation by regulatory taking. While one (1) home may be built upon this 6.6 acre parcel that was created in 1967, when downzoned back to AG-1, to suggest that such a result is anything but reasonable under these facts and circumstances presented in this case would call into serious question the legitimacy of the above cited and highlighted intentions expressed in the first paragraph of Article 18,by City Council in 2005 when they adopted Article 18 into our CZO. Please feel free to contact me if you have any questions or wish to discuss. With kind regards,I am Very truly yours, R.Edw.rd Bourdon,Jr. REBir/arhm cc: Shelley G.Sweitzer Travis Fox,Fox Land Surveys H:\AM\Rezone\Sweitzer\Taian_Ltr 5-09-2022.docx Joyce Nelson, Shelley Gray Sweitzer& Suzanne Gray Agenda Item 3 Page 14 Disclosure Statement Disclosure Statement 1/13 Citycftin rpDlvch 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 Joyce Nelson,Shelley Gray Sweitzer and Suzanne Gray Does the applicant have a representative? NE Yes ❑No • If yes,list the name of the representative R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes No • ,f yes,list the names of all officers,directors,members,trustees,etc.below (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2 2 3101 1 ) Joyce Nelson, Shelley Gray Sweitzer& Suzanne Gray Agenda Item 3 Page 15 Disclosure Statement Disclosure Statement 1/13 city of Vaviria Beall Planning&Community 10110i-- 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 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 oe 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. Previously listed with Paul Fuqua,Rose&Womble Realty 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?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?0 Yes U No • If yes,identify the purchaser and purchaser's service providers. 2I Joyce Nelson, Shelley Gray Sweitzer&Suzanne Gray Agenda Item 3 Page 16 Disclosure Statement Disclosure Statement Cdv 4/Wyk*Bash Planning&Community Development 6. Does the applicant have a construction contractor in connect on with tree 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 operate°on the property?ON Yes ❑No • If yes,identify the firm and individual providing the service. Travis Fox,Fox Land Surveying 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?IL Yes 0 No • If yes,identify the firm and individual providing the service. 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 understanc 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. 1 : 1! ' �� -- Joyce Nelson Shelley G.Sweitter Suzanne Gray ---- Print Name and Title Wcq,3j07,,,q Date Is the applicant also the owner of the subject property? Jt 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 El No dwells as of Dale08 22 2022 /� Post Nam_ Hoa N.Dao 11.09.2020 Joyce Nelson, Shelley Gray Sweitzer&Suzanne Gray Agenda Item 3 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Joyce Nelson, Shelley Gray Sweitzer&Suzanne Gray Agenda Item 3 Page 18 JOYCE NELSON,SHELLEY GRAY SWEITZER and SUZANNE GRAY 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 June, 2022, by and between JOYCE NELSON, SHELLEY GRAY SWEITZER and SUZANNE GRAY, parties of the first part, Grantors; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part,Grantee. WITNESSETH: WHEREAS,Grantors are the owners of a certain parcel of property located in District#2 of the City of Virginia Beach,containing approximately 6.6 acres and described in Exhibit"A"attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property";and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from the Conditional B-2 General Commercial District to Conditional AG-2 Agricultural District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors'proposed rezoning,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly GPIN: 1492-62-0072-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map with respect to the Property,the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan,building permit,or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors,their successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. The Property shall only be used for one (1) or more of the following principal uses as permitted in the Zoning District: (a) Agricultural,aquacultural and horticultural operations; (b) A rural single family dwelling; (c) Fish hatcheries and fish ponds; (d) Forests and forestry; (e) Home based wildlife rehabilitation. 2. The Property shall not be used for any principal uses other than as specified in proffer number 1 and it shall not be used for any conditional use as defined in the Use Regulations for the AG-2 Agricultural District in the Grantee's Zoning Ordinance. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG-2 and B-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision 2 Ordinance of the City of Virginia Beach,Virginia,in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed,amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order,in writing,that any noncompliance with such conditions be remedied,and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator 3 and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: )k 1.� , �v SEAI. Joy a Nelson STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this _day of June, 2022,by /1k\ Joyce Nelson,Grantor. "I'll,,,,/\,(AN.,.....----*L....--------- // ' • Notary Public47: ...Z. NOTARY •�p 1. �C : PUBLIC s • a • 0106 • (?(I,c7 ,5 _ REC.#73m er: MY COMMISSION Q '`'63 U�O .. � � EXPIRES � + // 03/31/2023 •• i �A-.• /1//�*EA LT H °to`‘ /Itu t' WITNESS the following signature and seal: Grantor: (SEAL) Shelle ray Swei z r STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me thisd3 day of June, 2022, by Shelley Gray Sweitzer, Grantor. • Notary Public ian Expires: Est 34, 2022 I-(I?O\DOS N mbcr: 192628 -�(D 5�lDCJ o°� g• ',j11iii::±,,,1j� ''',, •• 0/ \I��,a F 0```a • IIIA/II1i111'1 6 WITNESS the following signature and seal: Grantor: G-alr (SEAL) zanne Gray STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this33 day of June, 2022, by Suzanne Gray, Grantor. .of, Notary Public i\� S��9n Fxnircc �,,.T„�t 2 1 7(l2 JJ, C I3^�J^GJ -lX C7 7CCAPSLICO /? 0 ,'i1/1111111►1��` 7 Virginia Beach Planning Commission August 10, 2022, Public Meeting Agenda Item # 3 Joyce Nelson, Shelley Gray Sweitzer & Suzanne Gray [Applicants & Property Owners] Conditional Rezoning (Conditional B-2 Community Business District to Conditional AG-2 Agricultural District) Address: 2748 West Landing Road RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Our final agenda item is Agenda Item number three, Joyce Nelson, Shelly Gray Schweitzer and Suzanne Gray. An application for Conditional Rezoning (Conditional B-2 Community Business District to Conditional AG-2 Agricultural District) on property located at 2748 West Landing Road, Council District two, formerly the Princess Anne District. Mr. Bourdon: For the record, Eddie Bourdon, Virginia Beach Attorney representing the family members, who are the applicants here. This is absolutely as Ms. Wilson, I think mentioned this morning in the informal, is the first ever in Virginia Beach and likely the first ever in the Commonwealth of Virginia, a proffered restricted down zoning from B-2 Commercial District to AG-2 Agricultural District. This family has owned this property, since before this particular 6.6 acre parcel was created 55 plus years ago. They simply are asking to return the property to the same Agricultural Zoning District that all of the surrounding properties for miles around are zoned subject to a very limited number of permitted uses in that AG district, all of which are compatible with the surrounding rural residential uses at the end of West Landing Road. The Conditional Rezoning will have the effect of vacating proffers associated with a spot zoning of the parcel to B-2 commercial in 1997, and negating the Conditional Use Permit for a boat storage yard, commercial boat launch, and a bait shack that was approved with a Conditional Rezoning in 1997 as the only permitted use of the property. No dock was allowed in the water. No jet skis were allowed to be docked or stored in the storage yard, and no preparation of food was allowed in the bait shack. The 1997 rezoning was generally supported by the neighboring property owners again at the end of West Landing Road, however, it was spot zoning and while the use survived for a number of years, it turned out not to be viable as strictly restricted, and not financially sustainable, and also the lot of the residents at the end of West Landing Road grew to dislike that boat storage yard, there are 12 rural residences at the end of the road with this property including a 13th upon which a house will be built directly adjacent to this property on the west side for which Planning Commission City Council approved a variance to make the lot legal that had been done by deed many years ago, that was within the last 12 months. The neighbors down here are all supportive. I've given you all a petition. There's no opposition of any of them at the end of the road. Returning the property's zoning to AG-2 is consistent with the applicable provisions of our City's Comprehensive Land Use Plan for this area, and it removes the potential that it might be asserted that the existing B-2 zoning opens the door for introduction of new or modified commercial uses of the property. We have now proffered in addition, a number of principal uses that are more intense, such as childcare education centers, churches, religious uses, elementary schools and many others that would be not appropriate even though they're allowed in agriculture, they're removed because this site is uniquely and unquestionably rural located well below the blue line in our Agricultural Zone southern half, at the end of a narrow, winding dark at night portion of this old rural road. There is no viable commercial use and no water and sewer by the way, and no viable commercial use, and the B-2 zoning district that can be viable, financially, environmentally desirable, and compatible with the surrounding use of the surrounding properties. There simply is no other potentially permissible use of this property in the B-2 zoning district that is recommended for the area under our city's comprehensive land use plan,that is compatible with the use of the surrounding properties as soon to be 13 rural residential homes not including this, and that is environmentally compatible, and is financially feasible and sustainable. This is true regardless of whether the use is compatible or incompatible with AICUZ. That is the reason and the standard that we have section 804 A of our Zoning Ordinance. I was around when that was on the committee when this was all done, and section 804 A is actually in there, not for down zoning, nobody ever anticipated that down zoning to agriculture, it was to permit up zoning in areas that are residential, the agricultural uses and feasible and you can't put industrial, you can't put it other uses there. Article 18, that section was adopted following the BRAC MOU process over eight years after this property was conditionally rezoned in order to regulate in a manner consistent with the rights of individual property owners, and the requirements of military operations and any associated development of uses and structures that are incompatible with NAS Oceana. The reasonable use exception for incompatible uses in this area contemplates a zoning change, as I said, which would permit an up zoning to greater density, attempting to revise the proffers attached to the B-2 zoning is clearly inconsistent with the comp plan, and basic land use law, and zoning principles are clearly and it's not feasible. The same is true with respect to attempting to rezone the property for any other economically viable use in any other district other than agriculture. Conversely, down zoning the property back to agriculture, like every other property, which surrounds this property, within a very, very substantial surrounding land area, and you've seen it on the handout I've shown you know, there's nothing else around it other these houses and open space, nothing but open land, that cannot be conceivably deemed to be unreasonable. Especially when we can up zone and have up zoned, I'm aware, I've done five, six, four on Dam Neck Road, a couple of down east of here on Princess Anne Road, in areas where everything is residential, and there's nothing else to do, but residential, and those up zonings under this section 804 A are at densities from 1.3 units to 3 units per acre. The most recent ones Atlantic Development, just east of Atlantic Shores on the north side of Dam Neck Road, that's what this is, therefore, the idea that that we can't down zone property to fit with everything else around it under that section is in my opinion in ludicrous. The one home built on this 6.6 acre parcel created in 1967, it down zoned to suggest that is not reasonable in this location surrounded by other houses, it's to suggest that it would not have been unreasonable to leave the property zoned agriculture and let them put a pig farm there. I mean, you can't have it both ways. So I even spoke to Bill McAulay about this, because he crafted this, no one ever even anticipated something like this happening. So it is a completely unique circumstance. This family is paying real estate taxes on a commercially zoned B- 2 property that is not feasible to develop. They've been trying to sell it for years. So this with 3.23 miles away from Fentress and at a 90-degree angle the side, not in the either runway in the normal flight pattern, we're not even close to a crash zone, and between the runway and this property again perpendicular to it, there are scores of houses, in Chesapeake, but their scores of them. So this piece of property can absolutely be house built on, it's no lower than the other 12 soon to be 13 houses at the end of West Landing Road. So it is frustrating to us to have this recommendation the way it is, but I've been around this whole situation the whole time on the committee back in the early 2000s when this was adopted, and it was adopted to permit up zoning from AG to residential, it was never conceived that it would needed to do a down zoning with proffers to make sure that we didn't put the wrong use in the wrong place, and that's exactly what this would be if isn't this. To try to suggest that we can make the marina bigger do something to make it work, no one down there wants that, nor should it have to because it's it was a spot zoning, arguably shouldn't have been approved in the first place. Lastly, you all approved the case right after this morning on consent where it belongs. It's a great development of the old elementary school on Laskin Road. The city owns that piece of property, and yes, it is zoned and has been zoned for apartments. Well, up until a few years ago, anyone in the private sector coming in and this earlier interpretation of the AICUZ ordinance would have had given up some residential incompatible in order to get all that additional commercial and, restaurant and office space, it's in that application. It is a good application. represent some people who bid on that property as well, and I told them at that time, I don't know how the city is going to handle this, but they need to be consistent in my view, and again it's an excellent application, but you all recommend and staff recommended that be approved, where they're about 100 yards from APZ1, and realize it's a heavily developed area, it's in a higher noise zone than this one, and that was approved on consent, and these poor folks, staff is against them having a house at one, it works out the one unit per less than one six unit per acre. That's how I mean 6.6 acres with one house, when we're, he's already used the same section to approve 1.38 units per acre to 3 or 3.2 units per acre in other up zonings using the same provision that have taken place over the course of the existence of that provision, which is there for a very good reason, but you cannot distinguish those from this in terms of the land use policy. Does it fit? Is it compatible with what's around it? It's exactly the same standard that I've quoted, and I'd be happy to answer any questions that you may have. Mr. Alcaraz: Thank you. Is there any questions?Any speakers?We'll open for a discussion and I'll take a motion. Mr. Horsley: Mr. Chairman, let me make a comment. First, I've been around a long time, and don't think I've ever known any one property to be from be down zoned from B-2 to any other up zoning down to agriculture, it is kind of one of very unique situations that may have happened, but I don't remember. But anyway, I think this is probably you know, and I'm not sure about it, was probably some errors that have been heard to this property, and they didn't need to be able to settled this and stayed out, and they were inherited a piece of business zoned property that they can't really get a business zone to be functional, and all they wanted to do is down zone agriculture. So they can probably build one home on it, and I really don't see a problem with that. I think, it's fine to do that. They've probably been paying business taxes on it for many, many years, and I can understand that. So that being said, I would make a motion that we approve this application. Mr. Alcaraz: Thank you. I have a second? I have a second by Mr. Redmond. Do you have a comment? Ms. Wilson: I would ask a question if I could Chairman Alcaraz? Mr. Alcaraz: Yes. Ms. Wilson: Mr. Horsley that will include your belief that there is no other reasonable use of this property than as residential, correct? Mr. Horsley: That's definitely true, there is no other reasonable use of this property. It has sitting as zone B-2 for many years and no takers. So it's got to go back to agriculture. Mr. Alcaraz: Thank you, Mr. Redmond. Mr. Redmond: I want to just sort of piggyback on what Mr. Horsley said, I don't think it's sufficient to just throw out a potential use because it abuts a body of water doesn't mean you can necessarily be a marina with a 400 square foot retail establishment and all that. You reasonably say that about any property in Virginia Beach, if that were the case,for it to be reasonable in my view, and have to be very plausible business plan as something that would be very likely to work,that someone could have great confidence that they weren't, you know, burying money into the ground, and none of that has been done or is possible to be done, I think in this situation. So I think merely throwing out an example of a potential use that's adjacent to a body of water does not in my view constitute reasonable use, and like Mr. Horsley I would therefore, view the fact that it's been this way for many, many, many years, as prima facie evidence that there is no reasonable use of this property. So I mean, genuinely believe that meets the legal standard, regardless of what Mr. Bourdon argues was misapplied. Even under this standard seems to me, you know, we're well past the bounds of reasonableness. So thank you, Mr. Chairman. Mr. Alcaraz: All right. Thank you, Mr. Bradley you had a comment? Mr. Bradley: I think I just want to explain where my vote will be. I talked about a little bit in informal session. You know, 20 years ago, there was the real, very real chance that we were going to lose Oceana through a BRAC process, and my department, at the time I was in the budget, actually did a fiscal impact study to show what the loss would mean to the economy, and the city and state spent tens of millions of dollars to actually reduce the density around Oceana. So with the city's intent, and this seemed to be kind of a line drawn in the sand. I think this would be a very easy issue without that AICUZ parameter in play. So I'm going to support the staff's position on this one. Ms. Alcaraz: Alright, thank you. Ms. Oliver? Ms. Oliver: Ms. Wilson, the staff report is to deny, so how do we go about? Mr. Tajan: Just to clarify that is this staff position, but the motion is to approve the application, so that is to approve the conditional rezoning. Mr. Alcaraz: I have a motion by Mr. Horsley, a Second by Mr. Weiner to approve the application. Madam Clerk: The vote is open. By vote of eight in favor, and two against, Agenda Item number three has been recommended for approval. Mr. Alcaraz: Thank you for your participation in the Planning Commission hearing today. appreciate it, and thanks for bearing with us on this high tech technology here in front of us. Meeting is adjourned. AYE 8 NAY 2 ABS 0 ABSENT 1 Alcaraz AYE Bradley NAY Clemons NAY Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT 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 The Property shall only be used for one (1) or more of the following principal uses as permitted in the Zoning District: a. Agricultural, aquacultural and horticultural operations; b. A rural single family dwelling; c. Fish hatcheries and fish ponds; d. Forests and forestry; e. Home based wildlife rehabilitation. Proffer 2 The Property shall not be used for any principal uses other than as specified in proffer number 1 and it shall not be used for any conditional use as defined in the Use Regulations for the AG-2 Agricultural District in the Grantee's Zoning Ordinance. Proffer 3 Further conditions may be required by the Grantee during detailed site plan 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 cannot accept the proffers as offered since it allows for uses that are not compatible with the AICUZ regulations. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form subject to City Council finding that no reasonable use designated as compatible under the applicable table or tables of Article 18 can be made of the property. Hoa N. Dao From: Lisa Clarkson <lisa@lisaclarkson.com> Sent: Wednesday,June 8, 2022 7:09 AM To: Madison B. Harris; RKleinVBPC@icloud.com;dweinercvbpc@icloud.com; jwallvbpc@icloud.com;dredmondvbpc@icloud.com; bfrankenfieldvbpc@icloud.com; galcarazvbpc@icloud.com;dBradleyVBPC@icloud.com;jCostonVBPC@icloud.com; hCuellarPCCC@icloud.com;dhorsleyvbpc@icloud.com; dolivervbpc@icloud.com Cc: Hoa N. Dao Subject: Planning Commission Meeting 6/8/2022 - Item 1 -- 2748 West Landing Road Attachments: 2748 West Landing.jpg 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. Commissioners, I am a resident of the Agricultural District and wanted to send a quick note on the record for Item No. 1 on today's agenda. Attached is the listing for the subject property which states, "you decide highest and best use—possible spectacular homesite." Mr. Dao's concern this application is an attempt to skirt the code is well-founded. The current zoning classification is the highest use value. This is an attempt to build a residential structure where none would/should be permitted. In addition to the reasons laid out by Mr. Dao, I wanted to add a few points that continue to plague the Princess Anne District(please excuse my generalizations as I am not in a position to access the exact code sections): -this property is located in a floodplain subject to special restrictions—residential structures should not be built on lots in the SRW created after 2001 under the code,the Dewberry studies,and the Commonwealth's Sea-Level Rise strategy. The eventual need for a variance is created by the applicant,and detrimental to the health and safety of residents(current and future). -Wells and AOSS—the City has been playing fast-and-loose with these requirements using the minimum 50 feet per lot and failing to provide the upstream/downstream requirements specific to the SRW which requires mapping of all wells,septic systems,water bodies, sink holes,wet and dry ditches,seasonal changes in saturation, agricultural applications,etc. (under the Virginia Code and Virginia Administrative Code). This application cannot meet the burden required to place an AOSS in the floodplain. -Agricultural district and biosolids—there are active agricultural operations in close proximity,and farms upstream which have current biosolid permits on file. The City is recklessly permitting new residential structures(without approval from the governing body)and failing to account for and/or disclose chemical and biological applications which directly affect residents'water supply and overall health. - Historical omissions—this property was the West Landing Marina. There were/are storage tanks above/below ground on this property for fuels and waste. A search shows neither studies nor remediation efforts have been made. The City cannot continue to allow agents to misrepresent property and profit from placing unsuspecting purchasers in unsafe conditions. 1 Thank you for your time and taking the above into consideration. Please excuse the brevity and grammar of this email as it was sent from a mobile device. Sincerely, Dr.Lisa M.Clarkson Of Counsel,Executive Director SFF Conservation Initiative, Inc.501(c)(3) "What will you leave your seventh generation?" http://www.sffconservationinitiative.org (757)301-8822 office (757)450-3329 cellular 2 PETITION We are looking to rezone 2748 West Landing Road, Virginia Beach VA from B-2 Community Business District to AG-2 Agricultural District. Years ago it was an AG- 2 District then was changed to a B-2 District. Do not want to see a business we want to be able to have a house on the property just like the others in this area. Name Address Phone PA LI< 0 4/4 90T ZOt to t 'O,Ni' (7 5?) Z74 -7743 h Q fir_ (s5 ( 5�� U C jv Ls D()---7 td tor --26-3 w id,Aciirt, ,oci. Gr3 ( fJu®Vy( 1,✓cs - Lc44, ( ?57) 636j7v )(\\ I (j\J L7i I - SA8 ts4 br5)1Y a)f_M Lcurt4,23 cc4. Va.Y,vacki VA '7 57 219 5---)Oc ( a s py E�1,9 L1 L 5 (: Asal . t� Ci. 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B 4% . ). 0 6 F T7 / � , Zed Z �d ZO p • • f �J f?La___ rj1 , r/ ' _L.':_.9.-------, . a co/ , il , ' i ________ _. --------z„ .--___,-,--__ ----piecitrulA_s_e_1_--,--- L Mau��S-cgft \ ° V A \ n Z-Lia9 ZO 1.7e\Y l'-'8 _____ -----=---u (i___---- -1°1- ' la - ----- „yr., 51 0 \ ‘, , zo ...„........ .---(1):______ -130 Oli ___37-------to Ca ____ c\-CI LAIi y OZ�J a rg,) a , ,„\, _ ___ --� Z8 ,3, 6? CD 0 w a n�aortifccoce0 i � ki' ZO [ ..... r\NUt :44.1.:_::,: � is."'„. - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TFJG CANOPY, LLC [Applicant] SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA [Property Owner] Conditional Change of Zoning (A-12 Apartment District to Conditional B-4 Mixed Use District) for the property located at 1413 Laskin Road (GPIN 2417183772). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: September 6, 2022 • Background: The applicant seeks to rezone the 12.41 acre site of the former Linkhorn Park Elementary School and more recently the Virginia Beach City Public Schools Laskin Road Annex from A-12 Apartment District to Conditional B-4 Mixed Use District. Proposed is a mixed use development to include 50,000 square feet of office space, 10,000 square feet of destination retail, 15,000 square feet of restaurant, and up to 132 multi-family dwelling units. While the property is within the greater than 75 dB DNL noise zone where residential uses are deemed incompatible with Navy flight operations, the current zoning of this property of A-12 Apartment District allows for up to 12 dwelling units per acre as a matter of right. Therefore, the proposed density at 11.96 units per acre will not exceed what could be constructed as a matter of right under the A-12 zoning. As per section 1804 (d) of the AICUZ Ordinance, this type of discretionary application is permitted and considered redevelopment as the proposed density is no greater than what is permitted by the current zoning and the B-4 zoning is being requested to add compatible uses. Proposed are two buildings, a 6,000 square foot stand along restaurant and a mixed use building that varies from four to six-story tall. The mixed use building will contain space for retail and offices on the first floor with a parking structure to be 'wrapped' by multi-family dwelling units. Onsite amenities proposed include pedestrian trails, grilling stations, an outdoor swimming pool, a clubhouse with a fitness center, and a green roof. A total of three full vehicular access points are proposed along Laskin Road, Winwood Drive, and Fremac Drive. • Considerations: The site is within the Hilltop Strategic Growth Area (SGA) and was evaluated for conformance with the recommended design guidelines. Key design principles TFJG Canopy, LLC Page 2 of 3 incorporated into the project include providing a mix of retail, restaurant, and office uses; providing trails and sidewalks; and reducing land area devoted to parking. Developments within the SGA are encouraged to be closer to the street with vehicular parking area located to the side or rear of the building. While the main building is not utilizing the reduced setback, the proposed 6,000 square foot restaurant building is proposed to be closer to the streets with parking located behind the building. Deviations to the setbacks are requested in order to accomplish this recommendation. Consistent with the provisions of Section 203 of the Zoning Ordinance, the applicant submitted a parking study for justification for a reduction in the minimum number of parking spaces. The attached parking study indicates that the peak usage for the different uses will occur at different times with 1:00 p.m. on the weekday being the highest combined hourly demand as shown in the table below: Use Parking Spaces % Peak Total Hourly per Ordinance Demand Demand Residential 132 units 244 49% 119 Office 50,000 sq. ft. 152 84% 127 Restaurant 15,000 sq. ft. 150 56% 84 Retail 10,000 sq. ft. 40 100% 40 Total 585 371 spaces The study shows that during the peak hour of average parking usage, there will be a demand for 371 spaces. The proposed site plan provides 467 spaces, an excess of 96 parking spaces. Based on the findings in the parking study, 467 parking spaces are proposed and deemed sufficient by means of shared parking while 585 spaces are required by the Ordinance. The Parking Study indicates that the peak demand for apartments will be in the evening hours while the peak usage for the retail and office spaces will be during typical daytime business hours. Construction is underway to widen this portion of Laskin Road to a six-lane roadway that is estimated to be completed in 2023. Once completed, the improvements to Laskin Road could easily accommodate the additional vehicular trips generated by the proposed uses. While the Traffic Signal Warrant Analysis favors the installation of a traffic signal at the intersection of Laskin Road and Winwood Drive, Traffic Engineering does not support this recommendation. For maximum traffic flow and the signal to function efficiently, a minimum spacing distance of 1,200 feet is required between traffic signals on arterial roadways. As there is an existing traffic signal on Laskin Road that is located 500 feet west of the proposed signalized intersection, Staff is concerned that a new signal may interrupt the flow of traffic along Laskin Road. Further review to determine the need and location of a traffic signal will occur during site plan review. According to the applicant, the stormwater management strategy for this development includes the collection and infiltration of stormwater focused along TFJG Canopy, LLC Page 3 of 3 the southern edge of the property. This will be further reviewed during the site plan review process for compliance with all adopted stormwater regulations. Comments received from the Virginia Beach City Public Schools Staff indicates that all schools in the area of this project are within an acceptable threshold for increases in student population generated by this development. 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 August 10, 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. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Parking Study and Determination Letter Preliminary Bedroom Counts Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ''0 City Manager: Applicant TFJG Canopy, LLC Agenda Item Property Owner School Board of the City of Virginia Beach, Virginia Planning Commission Public Hearing August 10, 2022(Deferred on July 13, 2022) City of City Council District District 6,formerly Beach 4 Virginia Beach Request Conditional Rezoning (A-12 Apartment District to Conditional B-4 Mixed Use District) _ As l 9 Staff Recommendation ,' \V\\ r Q /-� Approval ° -, f Jr0 r% Staff Planner �;A 7, jizs Ta rirail Hoa N. Dao oe c `Lon� rt/ cool Location = *3 1413 Laskin Road s A t 14::: zr1 �� 4 i t GPIN ap 7D ya Doe +r 2417183772r"w` 264-` Site Size z6► er - i A 46"."cmsAij 12.41 acres `2`4 libI I v •-g J AICUZ Greater than 75 dB DNL j ,� . j --4nd n,Avss e— s -- Watershed Chesapeake Bay Existing Land Use and Zoning District • Virginia Beach City Public Schools Laskin Road • -`-:� ; �,r '� Annex/A-12 Apartment ,` �`" � : Surrounding Land Uses and Zoning Districts r - ,r,a ad North ' - Laskin Road i, Single-family dwelling,vacant /R-20 - Residential .,1 ,: `' ' -, Ri.,,,:d u s South vo,u cU„tt cry 4 Marsh, multi-family dwellings /A-18 o 0 0*,.- n -:-' Apartment c'. - ''4._.C, ,,.�-_:... y- } , i_ - n , East "j .. F� i+ Fremac Drive �--- „ oid ;r1.c�fnw, a} Day care, office, multi-family dwellings /0-2 26' '_ ,• ,? _ 4". Office, A-18 Apartment ' .".' .. `_ =* rf -J r West Religious use /A-12 Apartment TFJG Canopy, LLC Agenda Item 4 Page 1 Background & Summary of Proposal • This request was deferred at the July 13, 2022 Planning Commission public hearing at the applicant's request. Since the deferral,the applicant provided Staff with a revised Concept Plan that include the addition of a 6,000 square foot building at the corner of Laskin Road and Winwood Drive for a restaurant. • Located in the Hilltop Strategic Growth Area (SGA),this 12.41-acre site along Laskin Road presently contains the 55,470 square foot Virginia Beach City Public Schools Laskin Road Annex building. On April 26, 2022,the School Board voted to sale the property for the proposed redevelopment and on May 3, 2022, City Council voted to approve the sale of the School Board property. • The property is located within the greater than 75 dB DNL,the highest noise zone, where residential uses are deemed incompatible. However,the current zoning of this property of A-12 Apartment District allows for up to 12 dwelling units per developable acre.The applicant is proposing to rezone the parcel to the B-4 Mixed Use District for the redevelopment of the property with up to 132 multifamily dwelling units, 50,000 square feet of office space, 10,000 square feet of destination retail, and 15,000 square feet of restaurant. The resulting density will be 11.96 units per acre on 11.04 acres of developable land. • The proposal meets the requirements of redevelopment per section of 1804(d)of the AICUZ regulations in the Zoning Ordinance.The Planning Liaison of Naval Air Station Oceana concurred on April 29, 2022, and no formal Joint Review Process (JRP)group review was required. • The applicant proposes to demolish the existing structures, abate existing known asbestos, and redevelop the site with a mix of office, retail, residential, structured parking, and open space. • The proffered elevations depict a four to six-story structure of a contemporary design style at a height of 97.5 feet with the exterior façade comprised of brick, high quality fiber cement, aluminum cladding, and glass. The exterior facade of the single-story 6,000 square feet building for a restaurant is proposed to be comprised of brick,glass, wood cladding and metal panel roofing. • Setback reductions of 3 feet from Laskin Road and 10 feet from Winwood Drive are requested for the 6,000 square feet restaurant building. • As required,the proposed landscape plan reflects streetscape and foundation plantings. A more detailed review of the planting requirements will be done during final site plan review. • Three full vehicular ingress/egress points are proposed along Laskin Road, Winwood Drive, and Fremac Drive. • Parking for the proposed development will be provided with 238 structured parking spaces and 229 surface parking spaces. A parking study was submitted with the application as a deviation to the minimum parking standard is requested. Per the Zoning Ordinance, a total of 585 parking spaces are required. Based on the findings in the parking study,467 parking spaces are proposed and deemed sufficient to support the proposal. • Outdoor amenities are planned that may include pedestrian trails and grilling stations.The specific details will be finalized during the final site plan review process. Also indicated on the proffered plan is an outdoor swimming pool,as well as a clubhouse with a fitness center. In addition, the rooftop of the parking structure will be covered with a green roof to create an additional amenity for the office and residential users. • The property contains 1.37 acres of wetlands and is adjacent to a tributary of the Linkhorn Bay. TFJG Canopy, LLC Agenda Item 4 Page 2 • According to the application,the proposed stormwater management strategy includes the collection and infiltration of stormwater focused along the southern edge of the property. Zoning History • / # Request 1 MDP Approved 09/02/2014 " � CRZ(0-2 to Conditional B-2)Approved 01/23/2001 �++"t � ,;I i•`•,I/III Reyner0 CreS�nt ;MIM I" .acovIrc Parge�CpuA 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 proposal to rezone the 12.41-acre parcel for the redevelopment of up to 132 multi-family dwellings as well as office and retail/restaurant space, in Staff's opinion, is acceptable.The property is located within the Hilltop SGA that calls for non-residential mixed-use development with a maximum height of three stories for this area. While the proposed six- story buildings exceed the recommended height,the Comprehensive Plan allows for flexibility with building heights based on market demands. While there are no buildings in the vicinity area that exceed the 3-story height limit,the proposal complies with the several of the key design principles recommended in the SGA Plan that support the height increase.This include providing a mix of retail, restaurant, and office uses; providing trails and sidewalks, and reducing land area devoted to parking. The proposed redevelopment will reduce the amount of impervious surface that encroaches into the Resource Protection Area,the most environmentally sensitive portion of the property within the Chesapeake Bay Preservation Area. Consistent with the provisions of Section 203 of the Zoning Ordinance, a parking study was submitted for consideration to an adjustment to the minimum number of parking spaces required. Section 203(b)(10) of the Zoning Ordinance allows the Zoning Administrator to reduce the parking requirement by the use of shared parking. The parking study shows the peak demand for apartments are in the evening while the retails and office spaces are during typical business hours. The Zoning Administrator reviewed the study and determined that while 5;85 spaces are typically required for this development,the reduction in the minimum required parking of 467 spaces is warranted. Through the provision of Sections 107(i) and 283 of the Zoning Ordinance,the applicant seeks to reduce the setback to three feet from Laskin Road and ten feet from Winwood Drive for the 6,000 square foot restaurant building, where a setback of 35 feet is required. As the property is located within the Hilltop SGA, a reduced setback from the right-of-way is encouraged. Staff is supportive of the setback reduction and finds that it will not have a detrimental effect on the surrounding properties. As the number of vehicular trips during the peak hour did not meet the minimum threshold, a Traffic Impact Study was not warranted. A Traffic Signal Warrants Analysis was completed and shows that a traffic signal is warranted for the TFJG Canopy, LLC Agenda Item 4 Page 3 intersection of Laskin Road and Winwood Drive. Traffic Engineering Staff is not in favor of the construction of a traffic signal at this intersection because there is an existing traffic signal located 500 feet west on Laskin Road and the minimum spacing of traffic signals on arterial roadways is 1200 feet. However,the applicant is proposing to design and install a traffic signal at the intersection. This will be reviewed in more detail during the final site plan review process. Construction is underway to widen this portion of Laskin Road to a six-lane roadway that is estimated to be completed in 2023. As shown in the table below,the improvements to Laskin Road would easily accommodate the additional vehicular trips generated by the proposed uses. As stated earlier, City Council and the School Board approved the sale of this property earlier this year. As part of that purchase agreement,the applicant agreed and has proffered to dedicate a 50-foot by 45-foot area north of the existing pump station along Fremac Drive for maintenance and future replacement of the pump station and to reserve a 15-foot wide public utility easement along the eastern property line for maintenance of the water and sanitary sewer systems. In sum, Staff recommends approval of the rezoning application. The majority of the components of the Hilltop SGA Plan appear to be met.This includes recommendations related to providing mixed uses, open space, pedestrian connectivity, and reducing land area devoted to parking. Finally,the roadway is well under capacity and the information provided by the Virginia Beach City Public Schools Staff indicates that additional students will be within an acceptable threshold for increases in student population. 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 developed,the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "The Canopy — Conceptual Site and Landscape Plan", dated March 24, 2022, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2 The quality of architectural design and materials of the mixed-use buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by EDSA, entitled "Mixed Use Building Design Concept", and dated March 24, 2022 (the"Mixed Use Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 3 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of one hundred thirty two (132). Proffer 4 Freestanding signage located on the Property shall by monument-style, no larger than eight feet(8') in height and shall be constructed of materials compatible with those used for the buildings located on the Property. TFJG Canopy, LLC Agenda Item 4 Page 4 Proffer 5 Any dumpster located on the Property will be screened from adjacent public streets by an enclosure constructed of materials compatible with those used for the buildings located on the Property. Proffer 6 If requested by the City Department of Public Works during the site plan review process, Grantor will dedicate a maximum twenty foot (20') wide public drainage easement over existing stormwater drainage facilities located in the northeastern portion of the Property(as the same may be relocated with the agreement of the City Public Works Department). Proffer 7 If requested by the City Utilities Department during the site plan review process,Grantor will dedicate a maximum fifteen foot (15')wide public utility easement along the eastern boundary of the Property and along the southern boundary of the proposed pump station site (as shown on the Concept Plan) in locations acceptable to the City Utilities Department. Proffer 8 Further conditions lawfully imposed by applicable development ordinances 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. 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 This proposal is located within the Hilltop Strategic Growth Area (SGA).This particular portion of Laskin Road calls for non-residential mixed-use development with a maximum height of three stories with flexibility to increase the building height based on market demands. The Plans also encourage development to locate the building closer to the street, while providing parking to the rear and side of the building. The proffered plan shows the building is setback approximately 62 feet from Laskin Road with parking located between the building and streets. Otherwise,the proposal complies with the several of the key design principles laid out in the SGA Plan, including providing a mix of retail restaurant, and office uses; building on existing adjacent recreational assets; improving multi-modal connections from adjacent neighborhoods; providing trails and sidewalks, and reducing land area devoted to parking. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and specifically within the Resource Protection Area (RPA), which is the more stringently regulated portion of the Chesapeake Bay Preservation Area (CBPA). There do not appear to be any cultural resources on the property. TFJG Canopy, LLC Agenda Item 4 Page 5 Traffic Impacts Present Street Name Volume Present Capacity Generated Traffic Laskin Road 27,800 ADT1 36,900 ADT 1(LOS 4"D")—existing 4-lane road Existing Land Use 2a—0 ADT 55,500 ADT 1(LOS°"D")—future 6-lane road (2023) Existing Zoning 2b-910 ADT Former Land Use 2c—950 ADT Winwood Drive No Data Available Proposed Land Use 3—2,388 ADT 1 Average Daily Trips 2a as defined by a 3 as defined by 132 multi-family units,50,000 square feet of 4 LOS=Level of Service vacant school facility office,10,000 square feet of retail,15,000 square feet of restaurant 2b asdefined by a 12.41-acre parcel zoned A-12 2c as defined by a 66,000 square feet of school administrative office Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Laskin Road is considered a four-lane divided major urban arterial. In addition to the existing four-lane section of road,there are two,two-lane local access roads parallel to the mainline portion of roadway: one the south side of Laskin Road and one on the north side of Laskin Road. The existing infrastructure currently resides in a 160-foot wide right-of-way. There is a roadway CIP project under construction on Laskin Road in the vicinity of this site. Laskin Road—Phase IA(CIP 2-156) is for the construction of an eight-lane divided highway in a 160-foot wide right-of-way from Republic Road to Winwood Drive and a six-lane divided highway in a 150-foot wide right-of-way from Winwood Drive to Oriole Drive with multi-use path and sidewalk. These limits include the intersections at First Colonial Road and First Colonial Road from I- 264 to Laurel Lane. Construction is estimated to be completed in 2023. Winwood Drive is a two-lane undivided local collector roadway. It is not listed in the MTP and there is no CIP slated for this portion of the roadway. Public Utility Impacts Water The site is currently connected to City water. There is a 12-inch and a 36-inch (transmission) City water main along Laskin Road, a six-inch City water main along Fremac Drive, and an eight-inch City water main along Winwood Drive. Sewer The site is currently connected to City sanitary sewer. There is a 16-inch City sanitary sewer gravity main along Laskin Road, an 18-inch City sanitary gravity sewer main along Fremac Drive, and an 42-inch HRSD sewer force main along Fremac Drive. TFJG Canopy, LLC Agenda Item 4 Page 6 School Impacts School Current Enrollment Capacity Generation 1 Change 2 Linkhorn Park Elementary 506 students 598 students 15 students 15 students Virginia Beach Middle 609 students 671 students 5 students 5 students First Colonial High 1,725 students 1,621 students 7 students 7 students "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 July 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022. • 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 August 4, 2022. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 21, 2022 and August 28, 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 August 22, 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 September 2, 2022. TFJG Canopy, LLC Agenda Item 4 Page 7 Proposed Site & Landscape Plan 1 i , ! ! 4 ;,. HI ` ! i 5 ! 0; • g-r fOg' g "ii11 2* id 2 4 q ;I!* td 7 ' :. : . 0. 4 ; • ig 1 i „: Vii .! 1 of k :I ,,, ly i !! ! • .•'I - li, k ah 1:.- i q ,8 r •*). ,s g ,i. le g ,p, - 0 = '. , -• ' .i • a.! lii••• -iii-P, ;E-g ii --! solk l'iei ;31 t ,t` i *2 s, ; -2 ,% i :2 ; 1 4 'i, . 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',, ._. _. , 7 t ._ 11, J.., , It 1, 1 , 1_,. ■ 3i of t J ■ II I J _ TFJG Canopy, LLC Agenda Item 4 Page 9 Proposed Elevations L 7. C C 7 z ;: .4(:: U• 7 :',e C C a Q = _. Q l 5 \\ \ ■ ■ ' _7 L(. , - I_ _I ■ ■ __ l__ 111110111111111111 A It I I I : : ; 1 . ▪ -;-,,,, -,-.--„, L._ ■ ■ _ kJ ■ ■ 1 _ r ■ ■ MI IIt U 1111 111 " U )JI l,i ;. '''. - O 4 V +aIw <_ - SzOo-} LU _J tf (n l)i I .0Z J .f4 X S SS ,SS AT .S'48 TFJG Canopy, LLC Agenda Item 4 Page 10 TT @Bed b wall epua2v DT] 'Adouej DEA' } f __ , j . '..) 1!I ;IIIP MINE "- _ I 1 1 r = i c 94 4 f. Z • um, ,i ? I i:ii �■■ = I , i, MM■■ PE -n ,n �■■ T. - I, �■■ = _ ■■ E Tt. - n i■■ - 7. �■■ = z - �■■ G-1 - 7 or. 71 ■■ a- IMO■■ Y. 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Y� _ e - i111r EYE l � �t ,.4.-...- ,_____ ...• . „.,...:•., ....__ oi-., ..,, _,114:, • It:;'.• ... ,...-..., , -,z,NikAlithas, e, .... -- . ,..,_—, _ ,_ `/ - .� ,eE•Fp 'ris _'"fil eta '''do_',+�� 6•e•-f'�I-'., "� :a�.z _' • d; Y _ �.'Y.. ::"'rr44 . t- "•c4 �� fi rt.- � _ , _ -. ' TFJG Canopy, LLC Agenda Item 4 Page 13 Disclosure Statement Disclosure Statement eof 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 TFJG Canopy, LLC Does the applicant have a representative? z Yes ❑ No • If yes,list the name of the representative. Troutman Pepper Hamilton Sanders LLP-R.J.Nutter,II,Esq. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? r Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Please see attached. • 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 attached. "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 relationshio,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. 11.09.20?0 1 TFJG Canopy, LLC Agenda Item 4 Page 14 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 • No • If yes,what is the name of the official or employee and what is the nature of the interest? N/A Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 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 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?in Yes ❑No • If yes,identify the firm and individual providing the service. Cox,Kliewer&Company;EDSA Herb Shartle(CKC);Kona Gray,Craig Stoner,Chunling Wu(EDSA) 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. 2( t. TFJG Canopy, LLC Agenda Item 4 Page 15 Disclosure Statement Disclosure Statement Call of iirvinit try 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 El 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?1♦Yes ❑No • If yes,identify the firm and individual providing the service. Timmons Group (John Zaszewski) 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 Troutman Pepper Hamilton Sanders LLP (R.J. Nutter, Rob Beaman) Applicant Signature I certify that all of the information contained:n 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•iy or ommittee in connection with this application. �I Applicant Sign.1 re U. TA lw r�a —k l ..�, .J�t vet. t V Print Name and title i 1 YGh 30,2022 Date Is the applicant also the owner of the subject property? ❑Yes ■No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications © No changes as of DOLe 08 25 2022 Signature , n Prim Name Hoe N Dao Revised 11.09.2020 3 W ?a g i. TFJG Canopy, LLC Agenda Item 4 Page 16 Disclosure Statement Disclosure Statement 1/13 rep a►,V0.1. Planning&Community 'Atow,\.D._*velopment • Owner Disclosure Owner Name School Board of the City of Virginia Beach,Virginia Applicant Name TFJG Canopy,LLC 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) N/A • if yes,list the businesses that have a parent-subsidiary;or affiliated business entity'relationship with the Owner. (Attach a list if necessary) N/A Known Interest by Public Official or Employe Does en official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject puolic action?❑Yes II No • if yes,what is the name of the ofticial or employee and what is the nature of the interest? N/A "Parent-subsidiary relationship"means"a relationsh-p 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 51 TFJG Canopy, LLC Agenda Item 4 Page 17 Disclosure Statement Disclosure Statement \A3 ON of klivinlo MIA 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 • it yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service. 4 Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes • No • If yes,identify the purchaser and purchaser's service providers. 6 Does tre Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the company and individual providing the service 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service. 6I TFJG Canopy, LLC Agenda Item 4 Page 18 Disclosure Statement Disclosure Statement Mr3 Lin;o(t+6mm Bead, 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 I No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in t^is Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification t' the a , cation has been scheduled for public hearing,I am responsible for updating the information provided here' ty/o w eks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or co ee i con ection with this application. Owner Signature NAN, eaff s ,fj'1s ottil Print Name and Tide Date 71 . TFJG Canopy, LLC Agenda Item 4 Page 19 Disclosure Statement Conditional Re-Zoning Application of TFJG Canon's,LLC Applicant Disclosures (A) List the Applicant's name followed by the names of all officers,directors,members, trustees,partners,etc.,below: 1. Applicant's Name:TFJG Canopy,LLC 2. Ma_na�crs of TFJG Canoh),LLC: a. Wendell C.Franklin b. W.Taylor Franklin c. Thomas M.Johnston (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: a. Franklin Johnston Group Management&Development,LLC b. 925 Apts.I,LP c. 925 Apts,II,LP d. F&I Developers,LLC e. Shorehaven Developers,LLC f. Pickett Farms Developers,LLC g. GreenPlain Properties,LLC h. Aquia Apts.,LLC i. Aquia GP,LLC j. Aquia Developers,LLC k. Kellingwood Apartments,LLC 1. Franklin Johnston Associates,LLC m. Southern Pine One,LLC n. Quill Developers,LLC 1. South Riding Apts LP m. South Riding GP,LLC n. Arbor Lakes LP o. Arbor Lakes GP,LLC p. Belleharbour Apts.LP q. BelleHarbour GP,I.LC r. Fountain Park Apts LP s. Fountain Park GP,LLC t. South Riding II LP u. South Riding II GP,LLC v. SLN 5100 LP w. SLN 5100 GP,LLC x. Heritage Forrest II GP,LLC y. I Square Apartments LP z. I Square Apts.,LP aa. Edward Street LLC bb. Dunlop Farms LLC cc. Belleville Seniors Apts LP dd. Belleville Seniors GP,LLC ee. Pickett Farms Apts I.P n176279v1 243538.000080 TFJG Canopy, LLC Agenda Item 4 Page 20 Disclosure Statement ff. Pickett Farms GP,LLC gg. Quill GP,LLC hh. River House Apts.,LLC ii. Shorehaven Apts LP jj. Shorehaven GP,LLC kk. Southwind Apts LP 11. Southwind GP,LLC mm. Spring Water,LLC nn. Sununerland Heights LP oo. Summerland Heights GP,LLC pp. Tanglewood Lake Apts LLC qq. Woodberry Forest Apts LLC rr. TFJG Price Strcct Apts.I,LP ss. TFJG Price Street GP I,LLC tt. FS Renaissance III,LLC uu. Renaissance Apts.GP I,LLC vv. Renaissance Apts.GP II,LLC ww. Renaissance Apts.III,LLC xx. Renaissance I Developers,LLC yy. Renaissance II Developers,LLC zz. Renaissance Apts.I,L.P. aaa. Renaissance Apts.II,L.P. bhb. TFJG Wesleyan Holdings,LLC ccc. TFJG Wesleyan Developers,LLC ddd. TFJGWesleyan,LLC eee. TFJG Price Street Apts.II,LP fff. TFJG Price Street GP II,LLC ggg. Clairmont Associates I,LP hhh. Clairmont Associates II,LP iii. Clairmont Associates I GP,LLC jjj. Clairmont Associates GP II,LLC kkk. Franklin Asset Management lll. Curlew Apts.I.,LP mmm. Curlew Apts.GP I,LLC ann. Summerland Heights II,LP 000. Summerland Heights TI GP,LLC ppp.4545 South Boulevard, L.L.0 110176279v1 243538.000080 TFJG Canopy, LLC Agenda Item 4 Page 21 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. TFJG Canopy, LLC Agenda Item 4 Page 22 Document Prepared By: Robert P.Beaman III,Esq.(VSB No.74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this 30th day of March, 2022, by and between TFJG CANOPY, LLC, a Virginia limited liability company ("Canopy", to be indexed as grantor); SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA, a body politic as set forth in Article VIII, Section 7 of the Constitution of Virginia("School Board", and to be indexed as grantor)(Canopy and School Board hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(hereinafter referred to as the"Grantee",and to be indexed as grantee). WITNESSETH: WHEREAS, School Board is the current owner of that certain parcel located in the City of Virginia Beach,Virginia,identified by GPIN No.2417-18-3772,as more particularly described in Exhibit A attached hereto and incorporated herein by reference(the"Property"); and WHEREAS,Canopy is the current contract purchaser of the Property;and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from A-12 to Conditional B-4; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the 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 Conditional B-4 are needed to cope with the situation to which the Grantors' rezoning application gives rise;and WHEREAS,Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee,as part of the proposed conditional amendment to the Zoning Map,in addition to the regulations provided for in the existing B-4 zoning district by the existing City's Zoning Ordinance (CZO),the following reasonable conditions related to the physical development,operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property,all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and GPIN No. 2417-18-3772 124125164v6 WHEREAS,said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions;provided,however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument;provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE,the Grantors,for themselves,their successors,assigns,grantees,and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "The Canopy — Conceptual Site and Landscape Plan", dated March 24, 2022, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The quality of architectural design and materials of the mixed use buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by EDSA, entitled "Mixed Use Building Design Concept", and dated March 24, 2022 (the "Mixed Use Elevation"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. 3. The quality of architectural design and materials of the commercial building developed on that portion of the Property fronting Laskin Road and Winwood Drive (as shown on the Concept Plan), when developed, shall be in substantial conformity with the exhibit prepared by EDSA, entitled "Design Concept", and dated March 24, 2022 (the "Commercial Elevation"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. 4. The number of multifamily residential units located on the Property, when developed, shall not exceed a total of one hundred thirty two(132). 5. Freestanding signage located on the Property shall be monument-style, no larger than eight feet(8')in height, and shall be constructed of materials compatible with those used for the buildings located on the Property. 124125164v6 2 6. Any dumpster located on the Property will be screened from adjacent public streets by an enclosure constructed of materials compatible with those used for the buildings located on the Property. 7. If requested by the City Department of Public Works during the site plan review process, Grantor will dedicate a maximum twenty foot (20') wide public drainage easement over existing stormwater drainage facilities located in the northeastern portion of the Property (as the same may be relocated with the agreement of the City Public Works Department). 8. If requested by the City Utilities Department during the site plan review process,Grantor will dedicate a maximum fifteen foot(15')wide public utility easement along the eastern boundary of the Property and along the southern boundary of the proposed pump station site (as shown on the Concept Plan)in locations acceptable to the City Utilities Department. 9. Pursuant to Section 107(i) of the Virginia Beach Zoning Ordinance, the commercial building developed on that portion of the Property fronting Laskin Road and Winwood Drive (as shown on the Concept Plan), when developed, will be permitted to encroach into the required building setbacks along the adjacent rights-of-way to the extent shown on the Concept Plan. 10. Further conditions lawfully imposed by applicable development ordinances 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. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including(i)the ordering in writing of the remedying of any noncompliance with such conditions, and(ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that 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 Grantee. 124125164v6 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: TFJG CANOPY,LLC,a Virginia limited liability company r By: Its: 414 y3. A. ov. STATE/COMMONWEALTH OF Vis� r, cry CITY/COUNTY OF V;c- ‘;c r ,to wit: The foregoing instrument was sworn to and acknowledged before me this 30 'day of rY�rrif‘ , 2022, by Lur"ct444or c- nk t,n , in his capacity as Manager of TFJG Canopy, LLC, a Virginia limited liability company. He is either personally known to me or has produced W:rrt*e.[F as identification. Witness my hand and official stamp or seal this 3d'day of mok- ,2022. 1-)citiA- 6iiit,i, - Notary Public (SEAL) My Commission Expires: 01 fa I /a00-3 Kayla Maria Ferdiani Notary Public,Commonwealth of Virginia Registration Number: I-3-1s a Li y H 5- Reg. No.7824445 My Commission Expires 01/31/2023 124125164v2 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH,VIRGINIA,a body politic as set forth in Article VIII, Section 7 of the Constitution of Virginia Ai- By: syLai 7, - • Its: ckyl STATE/COMMONWEALTH OF V 12.0 1 NI* CITY/COUNTY OF VIe IN* g i ch j ,to-wit: The foregoing instrument was sworn to and acknowledged before me this Z(day of �1 P R , 2022, by CP4041.1 T. R ( , in his/her capacity as SCNaoc. 80E+•, Cim44..of School Board of the City of Virginia Beach, Virginia, a body politic as set forth in Article VIII, Section 7 of the Constitution of Virginia. He/she is either personally known to me or has produced kE.2s Et.F as identification. Witness my hand and official stamp or seal this Z!o day of ff g. C� , 2022. 444, 9)44'llee,<-------FAZit)U Notary Public (SEAL) My Commission Expires: 08131 l Z�Z`f �• A�AARIq 1p••• Registration Number: 753 S II�(p ' �' Pusuc RE •• 'c G#7881146 :—� 0 :MY COMMISSION:0 EXPIRES g ?i0••, 8✓31/2024 .6$' ••••,...ii` 124125164v2 5 EXHIBIT A Legal Description ALL THAT certain lot, tract or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "AREA — 12.785 ACRES" on that certain plat entitled "MAP OF LANDS TO BE ACQUIRED FROM EUREKA BRICK CO., ON LASKIN ROAD NEAR GREAT NECK CREEK, PRINCESS ANNE COUNTY, VA.," dated April 22, 1954, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 36, at page 36. LESS AND EXCEPT all that certain public right-of-way conveyed to the City of Virginia Beach as shown in the aforesaid Clerk's Office in Map Book 221, at page 61. LESS AND EXCEPT and SUBJECT TO all that certain public right-of-way and those certain permanent easements, respectively, acquired by the Virginia Department of Transportation as shown in the aforesaid Clerk's Office as Instrument Number 200400157022. SUBJECT TO all those certain permanent easements acquired by the Virginia Department of Transportation as shown in the aforesaid Clerk's Office as Instrument Number 201100105530. SUBJECT TO all those certain temporary construction easements acquired by the Virginia Department of Transportation as shown in the aforesaid Clerk's Office as Instrument Number 201900028208. IT BEING a portion of the same property conveyed to The School Board of the City of Virginia Beach, Virginia, a body politic as set forth in Article VIII, Section 7 of the Constitution of Virginia, formerly the County School Board of Princess Anne County, by Deed dated April 24, 1954 from Eureka Brick Company, Incorporated, and recorded in the aforesaid Clerk's Office in Deed Book 359, at page 33. 124125164v4 6 Virginia Beach Planning Commission August 10, 2022, Public Meeting Agenda Item #4 TFJG Canopy, LLC [Applicants & Property Owners] Conditional Rezoning (A-12 Apartment District to Conditional B-4 Mixed Use District) Address: 1413 Laskin Road RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Next one, Item number four, TFJG Canopy Condition Rezoning of A- 12 Apartment District. to Conditional B-4 Mixed Use District at 1413 Laskin Road. Mr. Beaman: Thank you, Mr. Weiner. For the record, my name is Rob Beaman, local land use attorney with the Troutman Pepper Law Firm here on behalf of the applicant. We've had a chance to read the conditions are acceptable. We appreciate being on consent. Thank you very much. Mr. Weiner: Thank you, sir. Is there any opposition to this being placed on the Consent Agenda? Hearing none, I have asked Ms. Oliver to read this into the record. Ms. Oliver: Thank you. This request was deferred at the July 13, 2022 Planning Commission Public Hearing at the applicant's request. Since the deferral, the applicant provided the staff with a revised concept plan that included the addition of a 6,000 square foot building at the corner of Laskin Road and Winwood Drive for a restaurant. The applicant is proposing to rezone the parcel to a B-4 Mixed Use District. The redevelopment of the property with up to 132 multi-family dwelling units 50,000 square feet of office space, 10000 square feet of destination retail, and 15000 square feet of restaurant. The proposal meets the requirements, so the redevelopment per Section of 1804 D of the AICUZ regulations in the Zoning Ordinance. There are many outdoor areas planned that may include pedestrian trails, grilling stations, specific details will be finalized during the final site review. Plan Review process also indicated on the proper plan is an outdoor swimming pool as well as clubhouse with the fitness center, and in addition, the rooftop parking structure will be covered with a green roof to create an additional amenity for the office, and residential users. This property contains 1.37 acres of wetlands and is adjacent to a tributary of the Linkhorn Bay. The proposed storm water management strategy includes collection and infiltration of storm water focused along the southern edge of the property. The staff recommends approval of the rezoning of this application. The Commission agrees with staff, and therefore we put it on the consent agenda, but I do want to just add one thing, that this - and I'm sure everybody's aware of this piece of property- has been sitting vacant since we moved Linkhorn Park Elementary School, and it is becoming a terrible eyesore to our area and just to our city overall. This development is going to be such a great asset to our city, and I am thankful that they raised the bar to this level, and I look forward to seeing it. So with that, it's all yours. Mr. Weiner: Thank you. Mr. Horsley. Mr. Chairman that is the end of the consent agenda. move for approval items number 1, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20. Mr. Alcaraz: Alright, thank you. I have taken that's your motion to approve those items. Thank you. Mr. Weiner: Is there a second? Hearing second, are there any Planning Commissioners abstaining any of these consent agendas items? Mr. Redmond: I want to make two disclosures. Number one, I should have disclosed earlier when we had application withdrawn, for some time I abstained on short-term rental applications and ordinances because I had a client in the travel industry, I no longer have that client, and so I am withdrawing the letter or at least withdrawing my abstention from those items, and henceforth I we'll be voting on those items. Second, I would also like to mention that Agenda Item Number 10, Jenny Corporation is applying at a shopping center at Salem Crossing Shopping Center, which is leased by a colleague of mine at my place of business. I don't receive any kind of remuneration or have anything to do with that piece of business. So I may merely make that disclosure. I will be voting in favor of that, and the rest of the consent agenda. Thank you. Mr. Alcaraz: Pursuant to the state and local government conflict of interest, I make the following declaration. I'm executing this written disclosure in hand regarding the Planning Commission's discussion on vote number 13, Ocean Developers, LLC 404 34' Street. I'm employed by the previous owner of this property, and though they're not the owners of this application, I believe that I have a financial personal interest in this transaction. As such, I've made a disclosure, and I will be abstaining from this application. Thank you. Madam Clerk: The vote is open. By vote of 10 in favor, zero against, noting that Mr. Alcaraz has abstained from voting on agenda item 13, agenda items number 1, 4,8,9,10,11,12,13,14,15,16,17,18,19,20 have been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1 When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "The Canopy— Conceptual Site and Landscape Plan", dated March 24, 2022, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2 The quality of architectural design and materials of the mixed-use buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by EDSA, entitled "Mixed Use Building Design Concept", and dated March 24, 2022 (the "Mixed Use Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 3 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of one hundred thirty two (132). Proffer 4 Freestanding signage located on the Property shall by monument-style, no larger than eight feet (8') in height and shall be constructed of materials compatible with those used for the buildings located on the Property. Proffer 5 Any dumpster located on the Property will be screened from adjacent public streets by an enclosure constructed of materials compatible with those used for the buildings located on the Property. Proffer 6 If requested by the City Department of Public Works during the site plan review process, Grantor will dedicate a maximum twenty foot (20') wide public drainage easement over existing stormwater drainage facilities located in the northeastern portion of the Property (as the same may be relocated with the agreement of the City Public Works Department). Proffer 7 If requested by the City Utilities Department during the site plan review process, Grantor will dedicate a maximum fifteen foot (15') wide public utility easement along the eastern boundary of the Property and along the southern boundary of the proposed pump station site (as shown on the Concept Plan) in locations acceptable to the City Utilities Department. Proffer 8 Further conditions lawfully imposed by applicable development ordinances 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. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. .4,- O G� ,��, Z.. 1ty L-3f- N/1I 11-11LI 13c�ac-II C" y� 01.3A-11448-1 C � iy z e t 0L'R \� ' `NO'yYv \l i 14 I'.t-im PLANNING DEPARTMENT&COMMUNITY DEVELOPMENT 2875 SABRE STREET.SUITE 500 ZONING DIVISION VIRGINIA BEACH.VA 23452-7385 (757)385-8074 FAX(757)385-5667 July 27, 2022 David Johnson, PLA Timmons Group 1001 Boulders Parkway Suite 300 Richmond, Virginia 23225 Re: Revised Parking Determination — The Canopy— Laskin Road [GPIN: 24171837720000] Dear Mr. Johnson, This letter is in response to your request for an administrative parking reduction. According to Section 203 (b)(10) of the City Zoning Ordinance, the Zoning Administrator can reduce the number of required parking spaces by the use of shared parking. The parking study entitled, "The Canopy, Laskin Road, Virginia Beach, VA — Parking Evaluation" and dated July 15, 2022, has been submitted to the Zoning Office. Following review of the document, I have determined that the proposed reduction to 467 on-site parking spaces for the above referenced property is approved. The attached shared parking demand table was considered in approving this reduction in parking from 585 on-site spaces to 467 on-site spaces. The attached site plan provides 467 on-site spaces. Based on the submitted parking evaluation and parking demand table, this site is approved to have 467 on-site parking spaces to accommodate the mixed use project as described. This approval is valid only for the described use. Redevelopment or repurposing the site to a new use voids this approval. Should the site increase in size and/or capacity, a new parking study will need to be provided to the Zoning Office for review. If I can be of further assistance, please give me a call at (757)385-8545 or email at HSabo@VBgov.com. Sincerely, Hannah Sabo Zoning Administ ator, City of Virginia Beach •••000 • • 1001 Boulders Parkway P 804.200.6500 T I M M O N S GROUP Suite 300 F 804.560.1016 YOUR VISION ACHIEVED THROUGH OURS Richmond, VA 23225 www.timmons.com To: David Johnson, PLA(Timmons Group) From: W.Scott Dunn,AICP, PTP RE: The Canopy, Laskin Road,Virginia Beach,VA—Parking Evaluation Date: July 15, 2022 Copy: John Zaszewski (TG);Steve Schmidt(TG) Per your request,we've compiled a parking evaluation to for the proposed mixed-use project located on Laskin Road in Virginia Beach,VA. Based on the provided information,The Canopy will consist of the following land uses: • 132 residential units; • 50,000 sf office; • 15,000 sf restaurant; and • 10,000 sf retail. According to the City's code, the aforementioned uses require 585 parking spaces be provided. A breakdown of the uses and their respective parking spaces is showing in the table below: Parking Required per City Code Residential 132 244 Office 50,000 152 Restaurant 15,000 150 Retail 10,000 40 Total 585 The parking demand for the proposed uses was also calculated using data provided in the Institute of Traffic Engineers (ITE) Parking Generation Manual, 5th Edition. Given the available data, parking demand estimates were calculated for both weekday and weekend demand. Based on the calculations,the proposed land uses, require 470 spaces to meet the weekday parking demand and 459 spaces to meet weekend parking demand. A breakdown of the uses and their respective parking demands are shown in the tables below: Weekday Parking Required per ITE Weekend Parking Required per ITE Residential 132 173 Residential 132 161 Office 50,000 120 Office 50,000 14 Restaurant 15,000 158 Restaurant 15,000 255 Retail 10,000 20 Retail 10,000 29 Total 470 Total 459 The parking demand estimates shown above are based on the premise that (1) each of the land uses is independent of one another and(2)each of their peak parking demands occur concurrently.These assumption over-estimates the overall parking need of the development as the uses themselves have differing demands/parking utilizations throughout the course of a typical day. The Canopy-Parking Evaluation July 15,2022 Page 2 of 3 Additional data is available in the ITE Parking Generation Manual that provides hourly parking demand/ utilization for each of the proposed uses. Given the shared nature of the on-site parking for this project, it is reasonable to evaluate the daily, hourly demand of each use to determine the peak maximum parking demand for the site. The four(4)tables below summarize the hourly parking demand for the proposed development based on both the City's Code and ITE data. Weekday Parking Demand-per City Code APARTMENTS OFFICE RESTAURANT RETAIL % Total Total Hourly Demand= 244 Demand= 152 Demand= 150 Demand= 40 Surplus Time of Day Hourly Hourly Excess/ %Peak Spaces %Peak Spaces %Peak Spaces %Peak Spaces Parking Demand Supply Deficit Demand Required Demand Required Demand Required Demand Required Spaces 7am 71% 173 13% 20 - 193 467 274 59% 8am 61% 149 48% 73 - 15% 6 227 467 240 51% 9am 55% 134 88% 133 - 32% 13 280 467 187 40% 10am 54% 131 100% 152 - 54% 22 305 467 162 35% 11am 53% 129 100% 152 20% 30 71% 28 339 467 128 27% 12pm 50% 122 85% 129 51% 77 99% 40 367 467 100 21% 2pm 49% 119 93% 141 40% 60 90% 36 356 467 111 24% 3pm 50% 122 94% 142 27% 41 83% 33 338 467 129 28% 4pm 58% 141 85% 129 27% 41 81% 32 343 467 124 27% 5pm 64% 156 56% 85 39% 59 84% 34 333 467 134 29% 6pm 67% 163 20% 30 71% 107 86% 34 334 467 133 28% 7pm 70% 170 11% 17 100% 150 80% 32 369 467 98 21% Weekend Parking Demand-per City Code APARTMENTS OFFICE RESTAURANT RETAIL % Total Total Hourly Demand= 244 Demand= 152 Demand= 150 Demand= 40 Surplus Time of DayHourly Hourly Excess/ %Peak Spaces %Peak Spaces %Peak Spaces %Peak Spaces Parking Demand Supply • Demand Required Demand Required Demand Required Demand Required Spaces 7am 95% 231 15 - - 246 467 221 47% 8am 88% 214 15 - 32% 13 242 467 225 48% 9am 83% 202 15 - 50% 20 237 467 230 49% 10am 75% 183 15 - 67% 27 224 467 243 52% 11am 71% 173 15 11% 17 80% 32 236 467 231 49% 12pm 68% 166 15 37% 56 100% 40 276 467 191 41% 1pm 66% 161 15 54% 81 98% 39 296 467 171 37% 2pm 70% 170 15 29% 44 90% 36 265 467 202 43% 3pm 69% 168 15 22% 33 78% 31 247 467 220 47% 4pm 72% 175 15 14% 21 81% 32 244 467 223 48% 5pm 74% 180 15 18% 27 86% 34 257 467 210 45% 6pm 74% 180 15 42% 63 84% 34 292 467 175 38% 23`' The Canopy-Parking Evaluation July 15,2022 Page 3 of 3 Weekday Parking Demand-per ITE Data APARTMENTS OFFICE RESTAURANT RETAIL % Total Total Hourly Demand= 173 Demand= 120 Demand= 158 Demand= 20 Surplus Time of Day Hourly Hourly Excess/ %Peak Spaces %Peak Spaces %Peak Spaces %Peak Spaces Parking Demand Supply Def,c!t Demand Required Demand Required Demand Required Demand Required Spaces 7am 71% 123 13% 16 - - 138 467 329 70% 8am 61% 105 48% 57 - 15% 3 166 467 301 65% 9am 55% 95 88% 105 - 32% 6 207 467 260 56% 10am 54% 93 100% 120 - 54% 11 223 467 244 52% 11am 53% 92 100% 120 20% 32 71% 14 257 467 210 45% 12pm 50% 86 85% 102 51% 80 99% 19 288 467 179 38% 49% '- 2pm 49% 85 93% 111 40% 63 90% 18 277 467 190 41% 3pm 50% 86 94% 112 27% 43 83% 16 258 467 209 45% 4pm 58% 100 85% 102 27% 43 81% 16 260 467 207 44% 5pm 64% 111 56% 67 39% 62 84% 16 256 467 211 45% 6pm 67% 116 20% 24 71% 112 86% 17 269 467 198 42% 7pm 70% 121 11% 13 100% 158 80% 16 308 467 159 34% Weekend Parking Demand-per ITE Data APARTMENTS OFFICE RESTAURANT RETAIL Total Total Hourly Demand= 161 Demand= 14 Demand= 255 Demand= 29 Surplus Time of Day Hourly Hourly Excess/ %Peak Spaces %Peak Spaces %Peak Spaces %Peak Spaces Parking Demand Supply Deficit Demand Required Demand Required Demand Required Demand Required Spaces • • 7am _ 95% 153 14 - - 167 467 300 64% 8am _ 88% 142 14 - 32% 9 165 467 302 65% 9am 83% 134 14 - 50% 15 162 467 305 65% -10am 75% 121 14 - 67% 19 154 467 _ 313 67% 11am - 71% 114 14 11% 28 80% 23 180 467 287 62% 12pm 68% 110 14 37% 94 100% 29 247 467 .. 220 47% 1pm - 66% 106 14 54% 138 98% 29 287 467 . 180 39% 2pm 70% 113 14 29% 74 90% 26 227 467 - 240 51% 3pm 69% 111 14 22% 56 78% 23 204 467 263 56% 4pm - 72% 116 14 14% 36 81% 24 189 467 278 59% 5pm 74% 119 14 18% 46 86% 25 204 467 263 56% 6pm 74% 119 14 42% 107 84% 24 265 467 202 43% The data presented in the tables above indicates the following: • Overall parking demand for the project per Virginia Beach City Code is 585 spaces. • Overall parking demand for the project per ITE data is 470 spaces(weekday demand). • The overall parking demands noted above assume no shared/combined trips among uses and that there is a single, concurrent demand for all the uses. • When the hourly utilization of the parking spaces, by use, is considered then the overall parking demand of the project is significantly reduced by 214 spaces (City Code estimates; 585-371=214) and 83 spaces(ITE estimates;470-387=83). • The minimum number of parking spaces necessary to meet the daily,overall demand of the proposed mixed-use project is 387 parking spaces. • Per the latest site plan,467 spaces are being provided on-site with the project. • Based on the above information, the 467 proposed spaces will be sufficient to meet the parking demands of the project;there will be a surplus of 80 parking spaces available at site's peak. Preliminary Bedroom Counts for TFJG Canopy, LLC Up to 132 Units - #of Units with 1 bedroom = 40 - #of Units with 2 bedrooms = 66 - #of Units with 3 bedrooms= 26 Total bedrooms= 250 / N / w aa, o r/D I _ Q / ,_ / - /\ 1. ,,, 3 1 ,._ o co o , 0 N o Q rn 0 , \ ca Q a) L a) V .a _ � O E o V< . . 17; c o co J 00 O O N N CO 1 nd�st°`N'n aea -- . e a 0 L. o N o a C / \ �` o o � / a, 4 u Q` \ 0 t 0, . a.) = •- 1 2,2 ° o '5 gt<>‘ti> cn C N CO N i D q , e a Q ILl „,,,*-5.-e,,, r4 .."�'i s,,,.„ i(,„„.........,,..,.. `y o- J tits. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: T-MOBILE [Applicant] CITY OF VIRGINA BEACH [Property Owner] Conditional Use Permit (Communication Tower) for the property located at 2068 Landstown Centre Way (GPIN 1484869245). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: September 6, 2022 • Background: This application is a request for a Conditional Use Permit for a Communication Tower to be constructed on a 126-foot-tall light pole at the Sportsplex. The necessary equipment will be installed at the base of the existing pole and secured by an eight-foot-tall, black, chain link fence with vinyl slats. The purpose of the tower is to establish a secure coverage for its customers during large events. The application noticed a lack in coverage and connection for its customers during large events at the U.S. Hockey Field Sports Complex, which is within the City-owned Sportsplex. • Considerations: The coverage maps submitted by the applicant indicate that there is a lack of coverage for T-Mobile users. By installing antennas on this existing light pole will address this ongoing issue by creating create better coverage for their customers. According to the RF Emissions Compliance Report, a structural report, and a Radio Frequency Interference Analysis Report, the proposal meets all applicable engineering standards and practices. 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 August 10, 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. The tower shall be constructed substantially in adherence to the site plans entitled "VA70801 B VIRGINIA BEACH SPORTSPLEX”, prepared by BM Architect Engineering and dated March 8, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. T-Mobile Page 2 of 2 2. The communication tower shall not exceed 126 feet in height. 3. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 4. As required by Section 232(r)(4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the tower, antennas, and related equipment from the property within ninety (90) days. 5. No signage shall be permitted on the communication tower. ■ 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: A19 'NIB Applicant T-Mobile Agenda Item Property Owner City of Virginia Beach Planning Commission Public Hearing August 10, 2022 City Council District District 2,formerly Princess Anne 20 Virginia Beach Request Conditional Use Permit (Communication Tower) 546.4' Ilk - Staff Recommendation r_ �+ Approval —' 6 it . . _ ' _ `rat' o . 40111 NiFirlirrrcillif- 14,1 * Staff Planner Michaela D. McKinney , '--- - \ OP Location ,� ' 2068 Landstown Centre Way 3 �'/ . GPIN 1484869245 %'Q landsto"nRoad Site Size 128.21 acres \ ovi.':) _,'' 70-75dBDNL '..\„- Watershed �P Southern Rivers Existing Land Use and Zoning District off'..Nis � { Princess Anne Commons Athletic Field Hockey t - 0 - .i�' , e - • i, hi ; Complex/AG-1 Agricultural . Surrounding Land Uses and Zoning Districts � aK . .. � x - ' '. North Sportsplex/AG-1 Agricultural <, , South Vic', : ,. _i Undeveloped lot/AG-2 Agricultural East � � • • `":. Princess Anne Road I, it,',, Princess Anne Commons Athletic Village/AG-1 •� "'. ` �""' • '.b , Agricultural f" • k,-. West .. . '",. = .� , ., Princess Anne Athletic Complex/AG-1 lair,.. i 'lit:, Agricultural T-Mobile Agenda Item 20 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for the installation of a Communication Tower on an existing 126-foot-tall light pole located on an AG-1 Agricultural District zoned parcel within the Princess Anne Commons Athletic Field Hockey Complex. • The applicant seeks to install antennas on the existing 126-foot-tall light pole as well as equipment at the base in order to maintain and increase coverage in the area for T-Mobile users. Since the applicant is adding antennas to the light pole that will serve as a communication tower, a Conditional Use Permit is required. • As depicted on the tower elevation on page five of this report,the T-Mobile antennas will be installed at 110 feet. The graphic also depicts the proposed 88 square foot generator to be installed within a 300 square foot lease area. An eight-foot-tall chain link fence with black vinyl slats will be installed for security and screening. •G2 ., � ,. J L4 Zoning History 3 r # Request o'? CRZ(0-2 to Conditional B-2)Approved 05/14/1997 + f`� CRZ AG-1 to Conditional B-2)Approved 02/03/2009 ez ,',,r•:�. CUP(Recreational Facilities)Approved 02/03/2009 2 CRZ(0-2, B-2, R-10, P-1, & H-1 to AG-1)Approved . V • �e 05/14/1997 • CUP(Golf Course)Approved 01/12/2000 CUP(AG-1 to Conditional B-2)Approved 02/03/2009 j Vikk4 CRZ(Recreational Facilities)Approved 02/03/2009 VA ' �� 1 A • �� 3 MDC Approved 09/24/2013 ► CRZ(AG-2 to Conditional 0-2)Approved 11/08/1995 CUP(Private Club, Lodge,Social Center, Eleemosynary • ■ '' Establishment,Athletic Club)Approved 11/08/1995 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 Section 232 of the City Zoning Ordinance regulates Communication Towers. This section of the Ordinance favors the use of public property when such use minimizes the potential adverse visual and other impacts of communication towers, where it does not adversely affect the operation of public facilities such as public safety, and when towers conform to applicable requirements pertaining to the use of public property for purposes of communication tower siting. In Staff's view,the proposal adheres to these provisions through utilization of an existing light pole within the Princess Anne Commons Athletic Field Hockey Complex out of view from the right-of-way in an area that will not detract from the characteristics or activities of the surrounding area, and no known interference with existing emergency networks. The applications submission included the required RF Emissions Compliance Report, a structural report, and a Radio Frequency Interference Analysis Report. All documents indicated that the proposal meets applicable engineering standards and practices. The coverage maps submitted with the application indicate a gap in coverage for T-Mobile users in the area and the additional antennas will address this issue. The location of the existing pole is approximately 170 feet from the nearest property line and over 3,000 feet (0.60 miles) from the nearest residential neighborhood. The City's Information Technology Staff determined that there will be no anticipated interference with the City of Virginia T-Mobile Agenda Item 20 Page 2 Beach's microwave system and the proposed tower will not be within one mile of the City of Virginia Beach's radio sites or critical public safety communications. Staff believes that the addition of the antennas to the light pole will not create any inconsistences with the recommendations found in the Comprehensive Plan and specifically the Princess Anne Commons/Interfacility Traffic Area and the Princess Anne Commons Special Economic Growth Area. Based on these considerations and the evaluation of the proposed Communication Tower in accordance with the standards set forth in Section 232 of the Zoning Ordinance, Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. The tower shall be constructed substantially in adherence to the site plans entitled "VA70801B VIRGINIA BEACH SPORTSPLEX", prepared by BM Architect Engineering and dated March 8, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning &Community Development. 2. The communication tower shall not exceed 126 feet in height. 3. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time,the user shall immediately cease operation to the extent necessary to stop the interference. 4. As required by Section 232(r)(4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one (1)year,the applicant shall remove the tower, antennas, and related equipment from the property within ninety (90) days. 5. No signage shall be permitted on the communication tower. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Princess Anne Commons/Interfacility Transition Area and the Princess Anne Commons Special Economic Growth Area (SEGA). The vision for the Princess Anne Commons/Interfacility Area is to reflect the area's history, be sensitive to the environment, and acknowledge existing assets already in place for portions of the special area. Recommended Policies for the Special Economic Growth Area 4 is to strive to achieve extensive open space connectivity throughout the Commons. T-Mobile Agenda Item 20 Page 3 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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022. • 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 August 4, 2022. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 21, 2022 and August 28, 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 August 22, 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 September 2, 2022. T-Mobile Agenda Item 20 Page 4 Site Layout \ I, _.. . i - 1 i I tili � i r lip= 1` l i . 1\1/4. \ .., tt. ko r r, it .0' T-Mobile Agenda Item 20 Page 5 Tower Elevation I,. y nuuo"w u ten►-:Ixw n1111,1 Ina IS DISCOVERED FIELD VERIFICATION. (E) UGHTS PLEASE CCWTACT BC ARCHITECT & TOP OF LIGHT ENGINEERS, PLC FOR DESIGN RE.ISICN $tHIGHEST A��..RTENAN:.E;� PRIOR TO ANY NEW ANTENNA LEV• 126'-r.,-t (AGL) 0 , ,....0 INSTALLATION. _ -•;-;�_�--------TOP OF TOA'ER NUTS: l'ELEV. '2 C-0"t (ACL) i y►l!►`i i;i�jl TI'j!d f ALL IIISTALIAgIoNs SHOuLG RE IN - `;------- COUPUAN:E*ITN ANSI/ASSE A10.48 NA; NW cTHEO sAFETY STANCrRDS (E)TOP CABLE EXIT -.-. 1 1_ -- -2 `_ _ TO BE USED BY T-MCILE --' II / lag I Lull - NOTE, iit. OF (N) T-MOBILE ANTENNA` I 411I.r.A1017 GC SMALL PROVIDE AND INSTALL . 110"-0-t (ACL) ANGLE STANNOFF ASSEMBLIES SIMILAR TO SITE PRO PART n 120-123.317 ON ALL SITES WHERE THE SAFETY CLIMBING CABLE IS TOUCHING ' THE NEW STEEL AND WHERE THERE IS AN OBSTRUCTION OF THE CABLE. `E) '1 9 LIGHT =OLE ill , I 1.1 ,N; ,41 T-MCEILE E•x24 HCS / �-. 4AW: tiKM H�•:3 L ;:�LLE_ \ k NOTE, NEW CACLES ARE ROUTED INSIDE THE MONOPOLE SHAFT AS PER THE STRUCTURAL ANALYSIS BY BC ARCHITECTS ENGINEERS.PLC.DATED .. 06.04,2021 r 4 (N)T--MOBILE 1'-t t' X 8-0' PUNTH, 6'-0' H-FRAME & FUTURE 48KW " ; GENERATOR WITHIN (N) 15'-0' x 2'-0- LEASE AREA. " : " SEE SHEET A-2A FOR MORE INFO (E)BOTTOM CABLE ENTRY PORT „ „ TO BE uSEO BYT-MOBILE y _(N)TMOBILE8. O.cKNNUNK VINYL SLATS - 0 rtir. 1 V• r i :f f. FlNE-HED GRADE U LT,_rl ELEti. pit XL; \_(N) T-MOBILE (2) 6' U.G. PVC CONDUITS FOR HYBRID CABLES (f 1('-O'). (RiER DETAIL 4/A-SA) T-Mobile Agenda Item 20 Page 6 Site Photos ali 1, ti -_ .t Y.-T,""i \l• I A T-Mobile Agenda Item 20 Page 7 Disclosure Statement Disclosure Statemen -•- Planning&Community _ Development mod : The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name �I " f L< Does the applicant have a representative? Yes ❑No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated busines?X Yes 5'No • If yes,list the names of a(llLofficers directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary:or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code§2.2-3101 "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va Code§2.2-3101. Revised 11.09.2020 Wage T-Mobile Agenda Item 20 Page 8 Disclosure Statement lam' Its: Disclosure. s A 3 -, CS o(YM�c�e r1er. - - Planning&Comm • - Y 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 0 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 financin in connection with the subject of the application or any business operating or to be operated or the property? ❑Yes N o ▪ if yes,identify the financial institutions providing the service. 2. Does the ap licart 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 provic ed in connection with the subject of the application or any business operating or to be operated on the property?0 Yes jla No . if yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner prov ded in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No . if yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ill No . If yes,identify the purchaser and purchaser's service providers. 2j Revised 11.09.2020 T-Mobile Agenda Item 20 Page 9 Disclosure Statement Disclosure Statement b e I Vic s ll 6E 56,11.:. . .�,. _ Planning&Community .- Development 6. Does the applicant have a construction contra or in connection with the subject of the application or any business operating or to be operated on the property?0 Yes o • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in coection with the subject of the application or any business operating or tc 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 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 th this application. ir.. -- - ; Applicant Signature 't Print Name and Title Date Is the applicant also the owner of the subject property? ❑Yes 0 No • If yes,you do not need to till out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two 12)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as ofiii 08/16/2022 we 7.1z l a, T/. Print team Michaela D.McKinney Revrsed 11.0.2020 Wage T-Mobile Agenda Item 20 Page 10 Disclosure Statement Disclosure Statement etry of Voy"""Bad. Planning&Community Development Owner Disclosure Owner Name City of Virginia Beach Parks and Recreation Applicant Name TMobile c/o C.E. Forehand Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ®No • If yes,list the names of all officers,directors,members,trustees,etc below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 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 nave an interest in the subject land or any proposed development contingent on the subject public action?0 Yes El 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 11- c T-Mobile Agenda Item 20 Page 11 Disclosure Statement Disclosure Statement CO of l'inuoua bnnt 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/reaftor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 11 No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 11 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 1 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 •No • If yes,identify the firm and individual providing the service. Revised 11 09.2020 Wage T-Mobile Agenda Item 20 Page 12 Disclosure Statement Disclosure Statement \/13 Cuy of Vi pinia Beath Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Michael Kirschman-Virginia Beach Parks and Recreation Director Print Name and Title 06/28/2022 Date ('7,(i20 7 I' Fe T-Mobile Agenda Item 20 Page 13 Members List T-Mobile Members List Timotheus HOttges I Chairman of the Board Marcelo Claure . Srikant M. Datar Dr. Christian P. lick Raphael Kibler Letitia A. Long Thorsten Langheim Dominique Leroy T-Mobile Agenda Item 20 Page 14 T-Mobile Authorization Letter Michaela D. Mckinney From: CE Forehand <CE@fcitowers.com> Sent Thursday,July 28,2022 11:16 AM To: Michaela D.Mckinney Subject: FW:CUP for antenna site at 2068 Landstown Centre Way-VA70801A [-- CAUI ION.This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Here is from tmobile. From:Greer,Angie<Angela.Beach@t-mobile.com> Sent:Friday,July 22,2022 2:36 PM To:Matt Winstead<mwinstead@fcitowers.com> Cc:CE Forehand<CE@fcitowers.com> Subject:RE:CUP for antenna site at 2068 Landstown Centre Way-VA70801A To Whom it may concerns,T-Mobile has given C.E Forehand(acting agent for T-Mobile)the authority to sign the zoning application for the above referenced site. If you have any questions or need any additional information,please feel free to contact me. Thank you, Angie Greer 1 T-Mobile Agenda Item 20 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. T-Mobile Agenda Item 20 Page 16 Virginia Beach Planning Commission August 10, 2022, Public Meeting Agenda Item # 20 T-Mobile [Applicants] City of Virginia Beach [Property Owner] Conditional Use Permits (Communication Tower) Address: 2068 Landstown Centre Way RECOMMENDED FOR APPROVAL — CONSENT Mr. Weiner: Thank you. Next item is item number 20, T-Mobile, the applicant is here at Virginia Beach property owner for a Conditional Use Permit for a Communication Tower at 2068 Landstown Centre Way. Please say your name for the record, please. Mr. Forehand: Represent T-Mobile member. Mr. Weiner: Everything is acceptable conditions? Mr. Forehand: Yes, sir. Mr. Weiner: Is there any opposition to this being placed on the Consent Agenda? Hearing none, I request Mr. Horsley to read this into the record, please. Mr. Alcaraz: Thank you. Section 232 of the City's Zoning Ordinance regulates Communication Towers. The ordinance favors the use of public property, such as power poles for the installation of these towers, as long as they don't create any public safety hazards, and this property is located on city property. It is some 170 feet from the nearest property line and 6/10 of a mile from the nearest residential neighborhood. There's a need for more cell usage in this area. So the staff recommended approval, and the Commission agreed and put it on the Consent Agenda, seems we had no opposition. Thank you. Mr. Weiner: Thank you. Mr. Horsley. Mr. Chairman that is the end of the consent agenda. move for approval items number 1, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20. Mr. Alcaraz: Alright, thank you. I have taken that's your motion to approve those items. Thank you. Mr. Weiner: Is there a second? Hearing second, are there any Planning Commissioners abstaining any of these consent agendas items? Mr. Redmond: I want to make two disclosures. Number one, I should have disclosed earlier when we had application withdrawn, for some time I abstained on short-term rental applications and ordinances because I had a client in the travel industry, I no longer have that client, and so I am withdrawing the letter or at least withdrawing my abstention from those items, and henceforth I we'll be voting on those items. Second, I would also like to mention that Agenda Item Number 10, Jenny Corporation is applying at a shopping center at Salem Crossing Shopping Center, which is leased by a colleague of mine at my place of business. I don't receive any kind of remuneration or have anything to do with that piece of business. So I may merely make that disclosure. I will be voting in favor of that, and the rest of the consent agenda. Thank you. Mr. Alcaraz: Pursuant to the state and local government conflict of interest, I make the following declaration. I'm executing this written disclosure in hand regarding the Planning Commission's discussion on vote number 13, Ocean Developers, LLC 404 34th Street. I'm employed by the previous owner of this property, and though they're not the owners of this application, I believe that I have a financial personal interest in this transaction. As such, I've made a disclosure, and I will be abstaining from this application. Thank you. Madam Clerk: The vote is open. By vote of 10 in favor, zero against, noting that Mr. Alcaraz has abstained from voting on agenda item 13, agenda items number 1, 4,8,9,10,11,12,13,14,15,16,17,18,19,20 have been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. The tower shall be constructed substantially in adherence to the site plans entitled "VA70801B VIRGINIA BEACH SPORTSPLEX", prepared by BM Architect Engineering and dated March 8, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The communication tower shall not exceed 126 feet in height. 3. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 4. As required by Section 232(r)(4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the tower, antennas, and related equipment from the property within ninety (90) days. 5. No signage shall be permitted on the communication tower. 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. B2 .\\, \ Al2 R5D� ,, \,,,,, B2 .� C B2 � B2 � A 0 5] R5D \ ;; B2 \ \ \ Atiel � 5D'm o � 0 0 R5D� R AG2 R5D � � N 41k // Site World Famous Oceana BHS, Inc W'`�I�, �� Property Polygons 1375 Oceana Boulevard, Unit 118 S OZoning Building iiimilFeet 0 2040 80 120 160 200 240 r it 4 It) CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: WORLD FAMOUS OCEANA BHS, INC [Applicant] OCEANA CROSSINGS, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) Conditional Use Permit (Body Piercing Establishment) for the property located at 1375 Oceana Boulevard (GPIN 2415489273). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: September 6, 2022 ■ Background: The applicant is requesting a Conditional Use Permit in order to operate a traditional Tattoo Parlor and a Body Piercing Establishment. The use will occur within an existing unit in the Ocean Crossings Shopping Center along Oceana Boulevard. Up to 20 employees will be individual contractors and are anticipated on site at any one time. • 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 Staff's evaluation, are provided in the attached Staff Report. Staff received three letters and a petition of support for this request. There is no known opposition to this request. • Recommendation: On August 10, 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 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. World Famous Oceana BHS, Inc 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. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department (e? City Manager: rive "NBApplicant World Famous Oceana BHS, Inc Agenda Items Property Owner Oceana Crossings, LLC 18 & Planning Commission Public Hearing August 10, 2022 City Council District District 5,formerly Beach 19 Virginia Beach Requests #18- Conditional Use Permit (Tattoo Parlor) #19 - Conditional Use Permit (Body Piercing Establishment) 1 HarpeysRoad Staff Recommendationi - C :<,A,,,. Approval 'F t } Staff Planners s iron,a9eRunA Sadie McNaughton/Michaela Mckinney Q ='t Location a 1375 Oceana Boulevard,Suite 118 rw,d. L r ?-- lGPIN �\ . 2415489273 .9- ""oodn•-" Site Size J Teacnl ane 4.12 acres 'N AICUZ Greater than 75 dB DNL Watershed Southern Rivers -'1/4. ACC tr .' -„y.. Existing Land Use and Zoning District '.,_ ' ., Single-family dwelling, cultivated field /B-2 .- , a ` Community Business ` �' - `C' Surrounding Land Uses and Zoning Districts ': ''� w a North lc. ,,4`; •t �' is ;, ti <'1' 1 Self-Storage/B-2 Community Business ��P 41 South (0- �Q .a Religious Use/AG-2 Agricultural ._ East Oceana Boulevard Undeveloped/A-12 Apartment r West - -`' :_ Duplexes, religious use/ R-5D Residential,AG-2 . -- Agricultural World Famous Oceana BHS, Inc Agenda Items 18 & 19 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit in order to operate a traditional Tattoo Parlor and a Body Piercing Establishment. The operation will be in conjunction with a hair salon which is a by-right use in the B-2 Community Business District. The property is located along Oceana Boulevard just north of the intersection with General Booth Boulevard. • Tattooing and body piercing will take place in a unit within the building by appointment only. • According to the applicant, up to 20 employees will be individual contractors and are anticipated on site at any one time. • The typical hours of operation are proposed as 10:00 a.m. to 10:00 p.m.,seven days a week. • The only exterior change to the building will be the installation of new building signage. OAL V, • V ;6\>) R5D _�� A11 ,� IP �/ °� , Zoning History i 4- # Request 4000, '� 1 CRZ(R-5D to Conditional B-2)Approved 08/26/2003 ��. CUP(Mini-Warehouse)Approved 08/26/2003 /;i/�� ,' 2 SVR(Sections 4.4(b)and 4.4(d))Approved 04/14/1992 * .i/` 3 CRZ(AG-2 to Conditional B-2)Approved 05/09/2006 o, AG2 PP MVO:,�� % 4 CRZ(AG-2 to Conditional B-2)Approved 05/09/2006 ?0!,et .,,a. , ', Q� CUP(Fuel Sales)Approved 05/09/2006 r 0 . 0 c 5 MDC Approved 04/08/2008 a MDP Approved 01/12/2010 or r AG2 Al2 ;110\ 0m 0 . 00� r Q ! / 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 request for Conditional Use Permits for a Tattoo Parlor and a Body Piercing Establishment is consistent with the Comprehensive Plan's land use policies for the Suburban Area and consistent with the residential and commercial nature of the surrounding properties. 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. The property is located within the Greater than 75 dB noise zone 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 and Body Piercing Establishment, are considered to be compatible uses. World Famous Oceana BHS, Inc Agenda Items 18 & 19 Page 2 The operation of a Tattoo Parlor and Body Piercing Establishment is not expected to negatively impact other uses within the shopping center or in the vicinity. Staff does not anticipate a significant increase in traffic volume with the addition of this use at this location. For the reasons stated above, Staff recommends approval of this application, subject to the conditions 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 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 subject property is located in the Suburban Area of the city. One of the guiding development principles of the Suburban Area is the creation and maintenance of"great neighborhoods," which are stable and sustainable, and supported by complementary non-residential uses. Preserving neighborhood quality and characteristics requires non- residential uses to maintain or enhance the existing characteristics of surrounding residential areas. 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. World Famous Oceana BHS, Inc Agenda Items 18 & 19 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Eaglewood Drive No Data Available 9,900 ADT 1(LOS 3"D") Oceana Boulevard 29,000 ADT1 35,700 ADT 1(LOS 3"D") No Change Anticipated2 1 Average Daily Trips 2 Average Daily Trips aren't 3 LOS=Level of Service expected to change Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Eaglewood Drive in the vicinity of this application is considered a two-lane undivided urban collector. The existing infrastructure is within a 60-foot wide and variable width right-of-way, and it is not designated on the MTP. There are presently no roadway CIP projects slated for this segment of Eaglewood Drive. Oceana Boulevard in the vicinity of this application is considered a four-lane divided minor urban arterial. The existing infrastructure is within a variable width right-of-way. The MTP proposes a four-lane facility within a 145-foot wide right-of-way. There are presently no roadway CIP projects funded for this segment of Oceana Boulevard. Public Utility Impacts Water & Sewer This site is currently connected to 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 July 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022. • 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 August 4, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 21, 2022 and August 28, 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 August 22, 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 September 2, 2022. 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World Famous Oceana BHS, Inc Agenda Items 18 & 19 Page 8 Disclosure Statement Disclosure Statement City of Virginia Beach Planning&Community Development - The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name World Famous Oceana BHS Inc Does the applicant have a representative? ❑Yes •No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?IS Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Christopher Bowman-President,Justin Merritt-Secretary,John Duffey-Treasurer • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) World Famous Oceana BHS Inc,Blue Horseshoe Tattoo,World Famous BHS Inc,Hometown Tattoo 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. I .�: p,�, -..d 1 LU�L lU�il 1 a World Famous Oceana BHS, Inc Agenda Items 18 & 19 Page 9 Disclosure Statement Disclosure Statement \113 City o;Vitv'ttia Batch 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?0 Yes NJ 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 INo • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reakor for current and anticipated future sales of the subject property? ❑Yes Il 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 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?It Yes ❑No • If yes,identify the firm and individual providing the service. Hanbury Achitects/David Keith 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 I P a g e World Famous Oceana BHS, Inc Agenda Items 18 & 19 Page 10 Disclosure Statement Disclosure Statement V3 City of 16:Ont.Bmah Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating o• to be operated on the property?❑Yes It 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 app ication or any business operating or to be operated on the property?■Yes 0 No • If yes,identify the firm and individual providing the service. Hanbury Architects/David Keith 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body committee in connection with this application. /-t—y4ic— .7/77pA - -N- ) Applic/nature ` ,-1 KW- Wrri f ' &c-- -- Print Name and 7 2 Date Is the applicant also the owner of the subject property? 0 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 chanes as of Date Signature El No i 108/16/2022 P. 1/10A0Z Print"am Michaela D.McKinney if •.- .,... 3I "'are World Famous Oceana BHS, Inc Agenda Items 18 & 19 Page 11 Disclosure Statement _ Disclosure StatementNB, City of Bath Planning&Commun' Development Owner Disclosure Owner Name Oceana Crossings LLC Applicant Name World Famous Oceana BHS Inc Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?IF Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Tim Costen Managing Member,Elza Mitchum member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes IF No • If yes,what is the name of the official or employee and what is the nature of the interest? 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. 51 , World Famous Oceana BHS, Inc Agenda Items 18 & 19 Page 12 Disclosure Statement • Disclosure Statement City of Yfrghtia Bawd .�.. .�.- Planning&Community Development ..— Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-coliateralitation,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 ❑ Na • If yes,identify the financial institutions provicing the service. Southern Bank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? E Yes ❑No • If yes,identify the company and individual providing the service. Venture/Steve Green 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 cr to be operated on the property?U Yes ❑No • If yes,identify the firm and individual providing the service. Cavanaugh Nelson PLC/Mark Nelson 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 0 No • If yes,identify the firm and individual providing the service. Hanbury Architects/David Keith 5. Is there any other pending or proposed purchaser of the subject property?0 Yes NI No • If yes,identify the pu-chaser and pu-chaser'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 U No • If yes,identify the firm and individual providing the service. 6I World Famous Oceana BHS, Inc Agenda Items 18 & 19 Page 13 Disclosure Statement Disclosure Statement 'NB Cllr of i giria l.,vt 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 iIN No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature -11 CaS-Vs 4 mA►4G-1N(r to -- - Print Name and Title -Z .)/ 14,ZCiU Date Revisea 11.09.2020 7 Page World Famous Oceana BHS, Inc Agenda Items 18 & 19 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. World Famous Oceana BHS, Inc Agenda Items 18 & 19 Page 15 Virginia Beach Planning Commission August 10, 2022, Public Meeting Agenda Items # 18 & 19 World Famous BHS, Inc. [Applicants] Oceana Crossings, LLC [Property Owner] Conditional Use Permits (Tattoo Parlor & Body Piercing Establishment) Address: 1375 Oceana Boulevard, Unit 118 RECOMMENDED FOR APPROVAL —CONSENT Mr. Weiner: Thank you. The next one is items 18 and 19, World Famous Oceana BHS, for Conditional Use Permit for a Tattoo Parlor and Body Piercing Establishment at 1375 Oceana Boulevard. State your name please. Mr. Bowman: My name is Chris Bowman, all conditions acceptable. Mr. Weiner: Any opposition to this being placed on the Consent Agenda? Hearing no, I request Mr. Redmond read this to the record please. Mr. Redmond: Thank you, Mr. Weiner. This is an application for two Conditional Use Permits. One for body piercing, one for tattoos at 1375 Oceana Boulevard. If you're familiar with this property is just right outside of Oceana Naval Air Station. The AICUZ noise is greater than 75 decibels. It's an appropriate use for this property. There is no opposition of which we are aware. The staff has recommended approval, and the commission therefore places on consent and congratulations. I'm glad you're excited about it. Mr. Weiner: Thank you. Mr. Horsley. Mr. Chairman that is the end of the consent agenda. move for approval items number 1, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20. Mr. Alcaraz: Alright, thank you. I have taken that's your motion to approve those items. Thank you. Mr. Weiner: Is there a second? Hearing second, are there any Planning Commissioners abstaining any of these consent agendas items? Mr. Redmond: I want to make two disclosures. Number one, I should have disclosed earlier when we had application withdrawn, for some time I abstained on short-term rental applications and ordinances because I had a client in the travel industry, I no longer have that client, and so I am withdrawing the letter or at least withdrawing my abstention from those items, and henceforth I we'll be voting on those items. Second, I would also like to mention that Agenda Item Number 10, Jenny Corporation is applying at a shopping center at Salem Crossing Shopping Center, which is leased by a colleague of mine at my place of business. I don't receive any kind of remuneration or have anything to do with that piece of business. So I may merely make that disclosure. I will be voting in favor of that, and the rest of the consent agenda. Thank you. Mr. Alcaraz: Pursuant to the state and local government conflict of interest, I make the following declaration. I'm executing this written disclosure in hand regarding the Planning Commission's discussion on vote number 13, Ocean Developers, LLC 404 34' Street. I'm employed by the previous owner of this property, and though they're not the owners of this application, I believe that I have a financial personal interest in this transaction. As such, I've made a disclosure, and I will be abstaining from this application. Thank you. Madam Clerk: The vote is open. By vote of 10 in favor, zero against, noting that Mr. Alcaraz has abstained from voting on agenda item 13, agenda items number 1, 4,8,9,10,11,12,13,14,15,16,17,18,19,20 have been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. A business license for the Tattoo Parlor and Body Piercing Establishment 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 and body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. The parking for this use must adhere to the shared parking agreement and parking plan approved by the Zoning Administrator. 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. Window signage shall not be permitted. Any freestanding signage shall be monument style, no higher than eight feet, with a brick base to match the building. 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. 1 -' \ .,, z %4—.N.,i / r� N a 3Tt cv cv CO0 i o cv 1 0 ctrit ,N N o IV ' CO .0 o IIC , \ 1 RD, 12 = a) ., \ IS \ — \ oo , ' 6m r Q S 0 \ C.)lk m o m \ ON s \,, utts E co .(0 40 o 0 . O ,,...0 0 o > \. \O <I" c4 0 , o 6.). a► \,,, a) 0 0 \ . > f•e\6 \' 0\ c ] \ \ ',, �C- /C'// ' <6\z")I e Z\ \ , , O 1 ik • �, 4. 0 , ). 0 0,® O o a N 0' - ._ o o 0 :C.0 \ ,\ cn 0- N CO0 IL:— 0 A ( Oue z ►��yG7 p �) r� . 'its oi ( MIT, f ‘r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WORLD FAMOUS BHS, INC [Applicant] LYNNHAVEN INVESTMENT PARTNERS, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) Conditional Use Permit (Body Piercing Establishment) for the property located at 2980 Virginia Beach Boulevard (GPIN 1497251963). COUNCIL DISTRICT 8, formerly Lynnhaven MEETING DATE: September 6, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor and Body Piercing Establishment within an existing 7,800 square foot building along Virginia Beach Boulevard. 20 employees are anticipated. • Considerations: Parking has not been met on-site. The applicant has entered into a shared parking agreement with adjacent business owners. 18 spaces will be shared with Honda Motorcycle of Virginia Beach located at 2976 Virginia Beach Boulevard and 12 spaces at Window World of Tidewater located at 1970 Virginia Beach Boulevard. The Zoning Administrator has approved this shared parking agreement. The proposed request is an acceptable use in this location as the property is surrounded by commercial properties. Existing free-standing signage will be upgraded with new brick and a new face. 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 August 10, 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 and Body Piercing Establishment 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 and body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. World Famous BHS, Inc Page 2 of 2 3. The parking for this use must adhere to the shared parking agreement and parking plan approved by the Zoning Administrator. 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. Window signage shall not be permitted. Any freestanding signage shall be monument style, no higher than eight feet, with a brick base to match the building. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant World Famous BHS, Inc Agenda Items Property Owner Lynnhaven Investment Partners, LLC 16 & 41\)1 I Planning Commission Public Hearing August 10, 2022 City Council District District 8,formerly Lynnhaven 17 Virginia Beach Requests #16 Conditional Use Permit (Tattoo Parlor) #17 Conditional Use Permit (Body Piercing Establishment) '� _ 1._ ,.„. , ,r_f_ i 11— Staff Recommendation l�1 / /J `-`^ Approval '" y�a� �F ' core- / ,,,,Staff Planner s �4 'c- ' �' Michaels McKinney S --)1--,1 IN% Location ! pia Beych m �, 2980 Virginia Beach Boulevard 04 4, i • GPIN ` Q9, 1497251963 -----1 .-----.2:41 -- 1 % Site Size warren Place 410 16,487 square feet - ' ,9` ss %. AICUZ _�, F ti f 65-70 dB DNL; Sub-Area 3, 70-75 dB DNL ' �` Watershed Chesapeake Bay i Existing Land Use and Zoning District , ,_ .•` Retail B-2 CommunityBusiness ' rail . Surrounding Land Uses and Zoning Districts _ • , � ` . v AIL"� North �,G ." ^ Single-family dwelling/ R-7.5 Residential ,h - i South =:' ;► __ Virginia Beach Boulevard ,, ,:- t, Car dealership/ B-2 Community Business . • `s ,� :4-- ' East - j - .� • Retail/ B-2 Community Business West ,. _ , - - "'' - .v s , _.,,:„ Veterinary clinic/ B-2 Community Business il` t a World Famous BHS, Inc Agenda Items 16& 17 Page 1 Background & Summary of Proposal • The applicant is requesting Conditional Use Permits for a Tattoo Parlor and a Body Piercing Establishment within an existing 6,480 square foot building. The building is located along Virginia Beach Boulevard on property 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. • The applicant proposes to renovate the entire building and offer individual booth spaces for up to 20 tattoo artists and body piercing specialists. • Per Section 203(10), 32 spaces are required for the proposed uses in this building. Only two spaces are available on site, which is short the required minimum by 30 spaces. The applicant has entered into a shared parking agreement with two adjacent businesses—Honda Motorcycles of Virginia Beach and Window World—to satisfy the parking requirements. Up to 18 spaces will be shared with Honda Motorcycles and 12 spaces will be shared with Window World of Tidewater. • The only exterior change to the building will be the installation of new building signage. A freestanding sign is also proposed along Virginia Beach Boulevard. A condition is recommended to limit the height and the materials. 0 0" °�Q(o opv a o� vklie ♦ Qom ' �'`�, Zoning History 0�0 •A '';��• �� 9It'' B .' # Request A 4, ,'�„b4. ° lie i� �,� 1 CUP(Small Engine Repair&Service)Approved . 44‘k •w 0,'A- i��► p — 12/02/2014 O n12 �'•!i it 2 CUP(Church)Approved 05/26/2009 ,C)' . M ti," 3 MDC Approved 12/11/2013 lo �� + ,.0010 � '` ��. 4 CUP(Tattoo Parlor)Approved 09/26/2016 __ „�e�a►d _�� 5 CUP(Automobile Sales, Repair, &Service)Approved B2 .,_ _toot �_. 1 14 1 98 i — `— 6 CUP(Motor Vehicle Sales)Approved 01/12/2000 7 CUP(Car Wash)&MODC(Motor Vehicle Sales, Rentals z; o --0 BZ R I) < & Repairs)Approved 08/17/2017 FT--- =� ` ., . ,C,,Ric 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 t. CRZ-Conditional Rezoning NON-Nonconforming Use ALT-Alternative Compliance STR-Short Term Rental Evaluation & Recommendation In Staff's opinion,these requests for Conditional Use Permits for a Tattoo Parlor and Body Piercing Establishment are consistent with the Comprehensive Plan's land use policies for the Lynnhaven Strategic Growth Area (SGA).A tattoo parlor and body piercing establishment going into an existing retail building is consistent with the design principles by building an existing balance of home,goods, and services. In addition, Staff does not anticipate a significant increase in traffic volume with the addition of this use along Virginia Beach Boulevard. The majority of the property is located within the 70 to 75 dB noise zone of the Air Installation Compatible Use Zones (AICUZ),with a small portion of the northwest corner of the site located within the 65-70 dB, Sub-Area 3. Many uses World Famous BHS, Inc Agenda Items 16 & 17 Page 2 within these noise zones are restricted, as identified in Article 18 of the Zoning Ordinance; however, personal services, such as the proposed tattoo parlor and body piercing establishment, are considered to be compatible 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. Section 203(b)(10) describes how shared parking agreements can be used to satisfy parking requirements for separate parcels that are within 500 feet of each other.This section specifies the qualifications of shared parking including no parking required by a use may be used as off-site parking for another use. Shared parking spaces identified in the shared parking agreements are those in excess of the number of spaces minimally required as set forth in the Zoning Ordinance. Given this and as permitted by the Zoning Ordinance,the Zoning Administrator deemed the proposed shared parking arrangements acceptable. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions (Tattoo Parlor & Body Piercing Establishment) 1. A business license for the Tattoo Parlor and Body Piercing Establishment 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 and body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. The parking for this use must adhere to the shared parking agreement and parking plan approved by the Zoning Administrator. 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. Window signage shall not be permitted. Any freestanding signage shall be monument style, no higher than eight feet,with a brick base to match the building. 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 this site as located in the Lynnhaven Strategic Growth Area. The long-term vision for the Lynnhaven SGA calls for a series of mixed-use and flexible developments. Design principles include enabling flexible World Famous BHS, Inc Agenda Items 16& 17 Page 3 development sites and building types to respond to ever-changing market needs and development programs that are compatible with AICUZ restrictions. The Comprehensive Plan's Special Area Development Guidelines for Urban Areas provide recommendations for site design. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 33,500 ADT1 74,000 ADT 1(LOS 2"D") No Change Anticipated 1 Average Daily Trips 2 LOS=Level of Science Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard is an eight-lane major urban arterial road in the vicinity of this site with an approximate right- of-way width of 150 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. There are no roadway CIP scheduled in the vicinity of this site. Public Utility Impacts Water & Sewer This site is connected to 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 July 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022. • 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 August 4, 2022. World Famous BHS, Inc Agenda Items 16& 17 Page 4 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 21, 2022 and August 28, 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 August 22, 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 September 2, 2022. World Famous BHS, Inc Agenda Items 16& 17 Page 5 Site Layout 4 Nit' ._ 14it . fill - iiii- -.‘ _ .. r •� ....,.. .,,,, 0... _ ,v, ,..a. . i - , - . 1 Ivo .._, t , . , t . 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Ilir -‘feit - a. ati a ,,, - : ' I \ -''''''''--... ..,,,,,, j i 1 p - 7,4. -r-----_.„.. _-111E-' 1..i.........-•..-7''1.--. _ _., - AL, ' .,,� -sue At A EXPRESS TAB r,K 4 i .it - , ,.. -wk ? . .. . ,,,. ., , ., , - .01,, • \.,, 0 ,,,,,,. _ - .. . . _.......„,:.„,.: - • • ,-3 I tIzti:t�J la l-1 91 J•r b K m 1. „ram ,b• 4' 7 r1 i..er yl.• ;i - F,..4104, World Famous BHS, Inc Agenda Items 16 & 17 Page 9 Disclosure Statement 6. Disclosure Statement City of Virginia Beads 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 World Famous BHS Inc Does the applicant have a representative? ❑Yes I No • If yes,list the name of the representative. 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) Christopher Bowman-President,Justin Merritt-Secretary,John Duffey-Treasurer • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity?relationship with the applicant. (Attach a list if necessary) Blue Horseshoe Tattoo,World Famous Oceana BHS Inc,Hometown Tattoo 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1i World Famous BHS, Inc Agenda Items 16& 17 Page 10 Disclosure Statement Disclosure Statement \13 City of Virginia Bmc 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?0 Yes •No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?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?U Yes ❑NO • If yes,identify the firm and individual providing the service. Hanbury Architects/David Keith 5. Is there any other pending or proposed purchaser of the subject property?❑Yes •No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage World Famous BHS, Inc Agenda Items 16& 17 Page 11 Disclosure Statement Disclosure Statement City 0f Bondi Planning&Community 7.444\ Development 5. 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. Bay Legacy Construction/Premier Restorations 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. Hanbury Architects/David Keith 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?it Yes 0 No • If yes,identify the firm and individual providing the service. Mike Deering PC,Todd Rothesburger,Poole Brooke&Plumlee Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I L,derstand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herSin two weeks prior to the ming of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or c9rhmittee in connection w h fiis application. Applic ignature ��// � �&ri 7— ,c9 c Pri arne a Titl Date Is the applicant also the owner of the subject property? ❑Yes IF 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 08/16/2022 Signature 711.e...1.44.1a, 7/11-CXL.447. Print Name Michaels D. McKinney World Famous BHS, Inc Agenda Items 16 & 17 Page 12 Disclosure Statement Disclosure Statement \13 City of Vfryinio Bench Planning&Community ...•�' Development Owner Disclosure Owner Name Lynnhaven Investment Partners Applicant Name World Famous BHS Inc 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) Bill DeSteph,Managing Partner • If yes,list the businesses that have a parent-subsidiary3 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 or 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. 5l World Famous BHS, Inc Agenda Items 16 & 17 Page 13 Disclosure Statement Disclosure Statement N/13 city of trirginia 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. Atlantic Union Bank 2. Does the Owner have a real estate broker/agent/reattor for current and anticipated future sales of the subject property? IYes El No • If yes,identify the company and individual providing the service. Colliers/Ricky Anderson 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 • If yes,identify the firm and individual providing the service. Cherry Bekaert Accounting/Kurt Taves 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?I Yes ❑No • if yes,identify the firm and individual providing the service. Hanbury Architecture/David Keith 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. 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?I Yes D No • If yes,identify the company and individual providing the service. Bay Legacy Construction/Premier Restorations 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 I No • If yes,identify the firm and individual providing the service. 61 World Famous BHS, Inc Agenda Items 16 & 17 Page 14 Disclosure Statement Disclosure Statement City of Virginia Beach Planning&Community Development f� 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 R 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. Owner Signature GJ► ��,r, I w, rvt .1f. Print Name and Title JuA.9._ Date 7I I' ) World Famous BHS, Inc Agenda Items 16 & 17 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. World Famous BHS, Inc Agenda Items 16& 17 Page 16 Virginia Beach Planning Commission August 10, 2022, Public Meeting Agenda Items # 16 & 17 World Famous BHS, Inc. [Applicants] Lynnhaven Investment Partners [Property Owner] Conditional Use Permits (Tattoo Parlor & Body Piercing Establishment) Address: 2980 Virginia Beach Boulevard RECOMMENDED FOR APPROVAL —CONSENT Mr. Weiner: Thank you sir. Next one is item 16 and 17, World Famous BHS, Incorporated. A Conditional Use Permit for a Tattoo Parlor and Body Piercing Establishment at 2980 Virginia Beach Boulevard. Is there a representative, please come forward. Please state your name for the record. Mr. Bowman: All the conditions are acceptable. Mr. Weiner: Is there any opposition to this being placed on the Consent Agenda? Hearing none, I request Ms. Cuellar to read this into the record please. Ms. Cuellar: The applicant is requesting a Conditional Use Permit for a tattoo parlor and body piercing establishment within an existing 6480 square foot building. The building is located along Virginia Beach Boulevard on property zoned B2 Community Business District, having no opposition, staff, staff agrees, and the commission concurs to put this on the consent agenda. Mr. Weiner: Thank you. Mr. Horsley. Mr. Chairman that is the end of the consent agenda. move for approval items number 1, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20. Mr. Alcaraz: Alright, thank you. I have taken that's your motion to approve those items. Thank you. Mr. Weiner: Is there a second? Hearing second, are there any Planning Commissioners abstaining any of these consent agendas items? Mr. Redmond: I want to make two disclosures. Number one, I should have disclosed earlier when we had application withdrawn, for some time I abstained on short-term rental applications and ordinances because I had a client in the travel industry, I no longer have that client, and so I am withdrawing the letter or at least withdrawing my abstention from those items, and henceforth I we'll be voting on those items. Second, I would also like to mention that Agenda Item Number 10, Jenny Corporation is applying at a shopping center at Salem Crossing Shopping Center, which is leased by a colleague of mine at my place of business. I don't receive any kind of remuneration or have anything to do with that piece of business. So I may merely make that disclosure. I will be voting in favor of that, and the rest of the consent agenda. Thank you. Mr. Alcaraz: Pursuant to the state and local government conflict of interest, I make the following declaration. I'm executing this written disclosure in hand regarding the Planning Commission's discussion on vote number 13, Ocean Developers, LLC 404 34th Street. I'm employed by the previous owner of this property, and though they're not the owners of this application, I believe that I have a financial personal interest in this transaction. As such, I've made a disclosure, and I will be abstaining from this application. Thank you. Madam Clerk: The vote is open. By vote of 10 in favor, zero against, noting that Mr. Alcaraz has abstained from voting on agenda item 13, agenda items number 1, 4,8,9,10,11,12,13,14,15,16,17,18,19,20 have been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. A business license for the Tattoo Parlor and Body Piercing Establishment 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 and body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. The parking for this use must adhere to the shared parking agreement and parking plan approved by the Zoning Administrator. 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. Window signage shall not be permitted. Any freestanding signage shall be monument style, no higher than eight feet, with a brick base to match the building. 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. 0 Kr( * Alittil . r ,[� ) o .l �, o O o QO O '-- V Vici. 01111 Ei E12;1CA :\,1 ",77/4..., 0 ' 1?n \'z-- . 3 LC) r:'.? ," -_IL. 1 \t's * 6/ ' N t , ,cD'O,Z= co x - . .#L- • eill i r.,:. , - ,4s . o\',i:Id_ '*A'',_281_, Q' o\,- -V%-:scL6<\\ 0.,, o____ v 0 , cz: . 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C c;S -3- 0 . p a L________ op io y T �'c�;�J Q,0 0, cn 0 N CO �, o d 't O - k ) E:6 , 1. ._ (2\ 11) 4).- - r.si\ 4 oilb___ --- -1,hi,:q,_ \:: \_ta ' D__ .--lo. ,(i' .� t , ' -�-��,, �'�- a � a° ;� to _ 9 47) �/ �1 '-U4 .gg, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JENNY CORPORATION [Applicant] ELIAS PROPERTY SALEM CROSSING, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 2029 Lynnhaven Parkway, Suite 200 (GPIN 1475868600). COUNCIL DISTRICT 7, formerly ROSE HALL MEETING DATE: September 6, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor for the application of permanent makeup. The use will occur within an existing 1,200 square-foot beauty salon in the Salem Crossing Shopping Center near the intersection of Princess Anne Road and Lynnhaven Parkway. One tattoo artist is anticipated. Services will be by appointment only. • Considerations: The proposed request is an acceptable use within a salon in shopping center that is surrounded by other commercial uses. No additional parking is required as the shopping center provides sufficient parking for its tenants. No exterior modifications to the building are proposed. There are no other tattoo parlors within a 600-foot radius of this site. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On August 10, 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 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. Jenny Corporation Page 2 of 2 4. 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 Department/Agency: Planning Department ( / City Manager: AP Applicant Jenny Corporation Property Owner Elias Properties Salem Crossing Agenda Item Planning Commission Public Hearing August 10, 2022 (irc/r�� City Council District District 7,formerly Rose Hall 1 0 Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation / r \ v . :::nner • • IA, 0, kr . iv ALAI" - Elizabeth Nowak F�sMpsrkway iik --.441 pr II ice pave R°ad L°""9 Location .� a '41eaa / 2029 Lynnhaven Parkway,Suite 200 Clemsbrd0 nve Q ci\----) a sq0 *(�enRc40 GPIN jijo ' 'P.� I1 ° 1475868600 Ptssarro0d Ose�°^ Site Size Lynnaty �` ��i ,;., 11111 1,200 square feet Ci. ,.-�'; AICUZ I ,� ,P . ;j Yeas,bO�'fit` �°J Less than 65 dB DNL Watershed Southern � � 1 ` 'c ��"1 Rivers Existing Land Use and Zoning District Shopping center/Conditional B-2 Community '; Business s 41. _ i' ` Surrounding Land Uses and Zoning Districts k North f Shopping center and multi-family dwelling/A- _ g-. r :- •:- 12 Apartment, Conditional B-2 Community �;._ Business ` t, '' - 1'.i - , ' `'- South • , t-a Lynnhaven Parkway u- , ,,. ,/ - . . Commercial retail/Conditional B-2 Community ' f ti �� dd ti all Business ! . . ,,e'� East r r I Cf R Shopping center/Conditional B-2 Community ,y w; ;i._ .; _ ' , 3 . 9‘,,4c'N y -}', , r 2. ---i,,.�'_ .. , •,,n ;vet: Business L s N' \:-; ! .* . West Salem Road Multi-family dwelling, park /A-12 Apartment, R-7.5 Residential Jenny Corporation Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to allow the addition of permanent makeup, known as micro- blading,to a list of offered services at an existing nail and beauty salon. The salon is located in a 1,200 square-foot suite of the Salem Crossing Shopping Center. • Permanent makeup services will be provided by appointment only,Tuesday through Saturday. Current hours of operation for the salon are between 9:00 a.m. and 7:00 p.m. • The applicant intends to have one permanent makeup artist operate in the salon. • No new signage or other exterior alterations are proposed with this application. • There are no other tattoo parlors within a 600-foot radius of this site. Jenny Corporation Agenda Item 10 Page 2 Zoning History # Request 1 CUP(Indoor Commercial Recreation Facility)Approved 09/10/2013 CUP(Indoor Commercial Recreation Facility)Approved 10/11/2011 MDC Approved 02/27/1996 CRZ(R-5D to Conditional B-2)Approved 07/11/1995 2 MDP Approved 2/16/2021 CUP(Bulk Storage Yard)08/21/2018 CUP(Bulk Storage Yard)09/20/2016 MDC Approved 02/27/1996 CRZ(R-5D to Conditional B-2)Approved 07/11/1995 3 MDP Approved 2/16/2021 CRZ(R-5D to Conditional B-2)Approved 07/11/1995 • o'�p o 4. �ay;;,w � . �j °t 4 CUP(Bulk Storage Yard)Approved 03/25/2003 R7 s � U o°� ?N.4 , P 1 r CUP(Drive-Through Seasonal Sales)Approved .O o i °Re, ,A 4 03/25/2003 R. . ;o�• c / Pi r 4 4.' CRZ(R-5D to Conditional B-2)Approved 06/22/1999 - -, �''�''''� 5 CUP(Home for the Aged)Approved 01 20 1987 �� `� g ) pp / / - �2 y�; d :/ 6 REZ(R-10 to A-12 with a PD-H Overlay)Approved 4i ;! ; l / ♦ r RT5 ,- � � - 09/22/1998 i. s 1!% � 7 CRZ(R-5D to Conditional B-2)Approved 08/27/2002 *� 'j �- j 8 MDP Approved 2/16/2021 y�::Ilr �%� I' � & , • i�i% � CRZ(AG-2 to Conditional R-10)Approved 10/14/2003 411 - ,J, / / �i • ttr Ivi' % .,/ ♦ • �*' CUP(Fuel Sales and Convenience Store)Approved 144 • m a a0 ca ono©C 09/25/2001 }� -.iie ', alt: �C�, a �c c%t 2 fc MDC Approved 09/25/2001 Abt'-'.P.• ► _ )--60CPW"PO°n0 -� " �� A� fi g w CRZ(R-5D to Conditional B-2)Approved 07/14/1998 - � PP�_ i ti o o0� p = , CUP(Religious Use)Approved 04/14/1986 9 CRZ(R-5D and R-10 to Conditional A-36,Conditional B-4, and Conditional A-12 with PD-H2 Overlay)Approved 06/26/2007 10 CUP(Mini-warehouse) (PCCC-00009) CUP(Automobile Service Station) CRZ(R-10 to Conditional B-2) 07/01/1997 11 CRZ(Conditional B-2 to Conditional A-12)Approved 03/22/2011 FVR Approved 03/22/2011 CRZ(R-10 to Conditional B-2)07/01/1997 12 MDP Approved 2/16/2021 STR Approved 2/4/2019 CUP(Indoor Recreational Facility)Approved 8/6/2011 CUP(Automobile Repair Garage)Approved 12/8/1998 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 Jenny Corporation Agenda Item 10 Page 3 Evaluation & Recommendation The proposed request for a Conditional Use Permit for a Tattoo Parlor, in Staff's opinion, is acceptable.The use will be compatible with the other existing commercial businesses in the area and will be located within an existing shopping center.The Salem Crossing Shopping Center is part of a well-established commercial node near the intersection of Lynnhaven Parkway and Princess Anne Road and abuts nearby multi-family and single-family residential developments. As the proposed use is considered a normal shopping center commercial use,there is no anticipated traffic impact with the addition of this use to the strip commercial building. Available parking for the shopping center exceeds the minimum number of spaces required by the Zoning Ordinance,though is within the threshold of maximum parking for this size of development. In Staff's opinion, parking needs are adequately met for the shopping center and this additional use. 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. 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 the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. 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 in the Suburban Area of the city. One of the guiding development principles of the Suburban Area is the creation and maintenance of "Great Neighborhoods," which are stable and sustainable, and Jenny Corporation Agenda Item 10 Page 4 supported by complementary non-residential uses. Enhancement of existing commercial centers is encouraged by the Comprehensive Plan through means of innovative products, services, and design provided to the neighborhoods in which they are located. Preserving neighborhood quality and characteristics requires non-residential uses to maintain or enhance the existing characteristics of surrounding residential areas. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed.There are no apparent natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Parkway 26,000 ADT Up to 36,900 ADT(LOS 2 D ) No change anticipated. Princess Anne Road 41,800 ADT Up to 74,000 ADT(LOS"D") 1 Average Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The MTP lists this segment of Lynnhaven Parkway as a four-lane minor arterial and Princess Anne Road as an eight-lane major arterial. There are no CIP projects in the area. Public Utility Impacts Water The site currently connects to City water. Sewer The site currently connects to City sewer. Water and sanitary sewer service must be verified and improved if necessary to ensure the proposed development will have adequate water pressure,fire protection, and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice signs were placed on the property on July 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022. • 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 August 4, 2022. Jenny Corporation Agenda Item 10 Page 5 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 21, 2022 and August 28, 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 August 22, 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 September 2, 2022. Jenny Corporation Agenda Item 10 Page 6 Site Photos \ HAI L :- j __ R, !""--- ---...-..,. - =.2,7: --'-'.'"..-. ,z ; -\\--- .- j ter- _ - L.4j 110J1-t i r J11/10S i' _ .11.,4,a ik i lam- a , r if Pr - -,.alp ; .�' lin II k-- Jenny Corporation Agenda Item 10 Page 7 Site Photos •...,_,.. • . :,.. ,•:,......t.,' , _ s.„..., ..."', i, .'''‘'.'ir$60;"'• ..' : —- —'''.6...;::-Wt.'`. i.-,- '.. .... .. -'. 4 - ' ' ''''r4v.i...a.-,.' •'-,..-.-- ; ''fr• ' - — -N-,s444. . t. . '•:,',I...! '''.'s.. ,Nik.. ••47.`. \ ,.•,,, . I....N 1r •4 — I .A. . . • .. \ •• ,• ic,:it..... :. , -... :IN.kftitikl.:hi-,'''v•.Zt"-.. ' '''''''. illikatti •-- 4 ' ,: • Nita, ...,.. - . - -.-. -- -1-....),...... --. ...- . . ..-‘,,,, „-... n- ,t;.,.. . ... - ir ,- •4 l'It 401`,111,-- : . . . ..,. , ..., . . . .. , ... ..,,.,, ,: • .,. g_.„ ,_ .._ •, .,..,-,;._. ..„---.4-: . .. •,,, • ,-.•,..- ... ri: • .. , ... --.0.-. ,-et.11,,::_ir, 'i•- z 9_. •. •44.•..-1,1,--, -i„ , -:::::____•-.... -----7„--- ir-L. _--- .1.-', ..,, I .P•:41 - '- .!•.. ,...,, ._.k . :, ‘. A :,,i i • . .. a,. .. ... _ .-_,' I ••.-,- ii __: I' . . _ - 7-4 6--- ,...mm ------7-----mw.-- ...., • ... . ...,, _ . . . ..., ,._ 1— ,- . .,, ' - . _ . • • • , . .._ --• :---k•-ge-:-;...---4* -- -'•-••.. ' ''---„,.:- -- - '- ----- -- -••, • - Jenny Corporation Agenda Item 10 Page 8 Disclosure Statement Disclosure Statement .\43 City of Virginia Beth 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 Jenny Corporation Does the applicant have a representative? I Yes ❑ No • If yes,list the name of the representative. Thuy Ha 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) My Huong Nguyen • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) n/a "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09.2020 Wage Jenny Corporation Agenda Item 10 Page 9 Disclosure Statement Disclosure Statement Cit y uj V'tryiria Baud: Planning&Community Development. _ :-�---- Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?L' Yes ❑ No • If yes,identify the firm and individual providing the service. Paul Chung/CHH Tax&Accounting 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 U 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 II No • If yes,identify the purchaser and purchaser's service providers. Revised 11 09 2020 2 I Jenny Corporation Agenda Item 10 Page 10 Disclosure Statement Disclosure Statement e ,4►.� ,an y, 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 113 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 Q 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 fig-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. tta( Applicant Signature Print Name and Title My Huong Nguyen August 22,2022 Date Is the applicant also the owner of the subject property? 0 Yes ji,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 pertairs to the applications No Amps as of Date a/22/2022 i ___L_ __gffre Q,4F.(,ci/1/BGUQG Print Name Qua Nowak L Revised 11.09.2020 3 I P a g<_ Jenny Corporation Agenda Item 10 Page 11 Disclosure Statement Disclosure Statement Planning&community Devco of elopment Owner Disclosure Owner Name Elias Properties Salem Crossing,LLC Applicant Name Jenny Corporation Is the Owner a corporation,partnership,firm,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) Martin Elias,Managing Member; Brett Elias,SB Trust Member; Sean Elias,SB Trust Member • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Elias Properties Virginia Beach Lynnhaven,LLC; Elias Properties Virginia Beach Centerville,LLC, Elias Properties Virginia Beach Independence,LLC 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? "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. si Jenny Corporation Agenda Item 10 Page 12 Disclosure Statement Disclosure Statement Planning&Community Development Owner Services Disclosure 1 Does the Owner have any existing financing(mortgage,deeds of trust,cross•cotlateralization,etc}or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ®No • if yes,identify the financial institutions providing the service 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ®No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?II Yes ❑No • If yes,identify the firm and individual providing the service. Trachtenberg&Pauker,LLP, Mr.Marty Pauker 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 kI No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes kI 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 6j Jenny Corporation Agenda Item 10 Page 13 Disclosure Statement Disclosure Statement12B, Planning&Community Development *Vki 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?E Yes ❑No • If yes,identify the firm and individual providing legal the service. Troutman Pepper Hamilton Sanders LLP; Mr.Robert P.Beaman ill Owner Signature I cert,fy 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 mmittee in connection with this application. Owner Signat Martin Elias,Managing Member Print Name and Title July 29,2022 Date 7I Jenny Corporation Agenda Item 10 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Jenny Corporation Agenda Item 10 Page 15 Virginia Beach Planning Commission August 10, 2022, Public Meeting Agenda Item # 10 Jenny Corporation [Applicant] Elias Property Salem Crossing, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) Address: 2029 Lynnhaven Parkway, Suite 200 RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Great. Next is item number 10, Jenny Corporation for a Conditional Use Permit for a Tattoo Parlor in 2029 Lynnhaven Parkway. Is there a representative for this item? Please come forward, and please state your name for the record. Ms. Wen: My name is My Huong Nguyen, I'm a representative for Jenny Corporation, and I'm a permanent eyebrow maker. Ms. Weiner: All conditions are acceptable? Ms. Wen: Yes, thank you. Mr. Weiner: Any opposition to this being placed on the consent agenda? Hearing none, Mr. Frankenfield has graciously volunteered for this one. Mr. Frankenfield: Thank you, sir. The applicant is requesting a Conditional Use Permit to allow the addition of permanent makeup known as microblading to a list of services at this location. The salon is located at the Salem Crossing Shopping Center. Permanent makeup services will be provided by appointment only. The applicant intends to have one permanent makeup artists operating the salon.There's no new signage or other exterior alterations. There are no other tattoo parlors within 600- foot radius. This meets all the requirements for tattoo parlor, and there's no opposition, so we recommend consent. Mr. Weiner: Thank you. Mr. Horsley. Mr. Chairman that is the end of the consent agenda. move for approval items number 1, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20. Mr. Alcaraz: Alright, thank you. I have taken that's your motion to approve those items. Thank you. Mr. Weiner: Is there a second? Hearing second, are there any Planning Commissioners abstaining any of these consent agendas items? Mr. Redmond: I want to make two disclosures. Number one, I should have disclosed earlier when we had application withdrawn, for some time I abstained on short-term rental applications and ordinances because I had a client in the travel industry, I no longer have that client, and so I am withdrawing the letter or at least withdrawing my abstention from those items, and henceforth I we'll be voting on those items. Second, I would also like to mention that Agenda Item Number 10, Jenny Corporation is applying at a shopping center at Salem Crossing Shopping Center, which is leased by a colleague of mine at my place of business. I don't receive any kind of remuneration or have anything to do with that piece of business. So I may merely make that disclosure. I will be voting in favor of that, and the rest of the consent agenda. Thank you. Mr. Alcaraz: Pursuant to the state and local government conflict of interest, I make the following declaration. I'm executing this written disclosure in hand regarding the Planning Commission's discussion on vote number 13, Ocean Developers, LLC 404 34th Street. I'm employed by the previous owner of this property, and though they're not the owners of this application, I believe that I have a financial personal interest in this transaction. As such, I've made a disclosure, and I will be abstaining from this application. Thank you. Madam Clerk: The vote is open. By vote of 10 in favor, zero against, noting that Mr. Alcaraz has abstained from voting on agenda item 13, agenda items number 1, 4,8,9,10,11,12,13,14,15,16,17,18,19,20 have been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT 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- 51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. 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. K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TA/ITA CITIZENS ADVISORY COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TCheliusgvbgov.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=ee348cfd8ff703 c8bb2f3 ee0d 151 de20f 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 6, 2022. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/16/2022 PAGE: 1 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC I MOO L O C N Y L 0 L OUWS T HCEEME S S EOE I H R YBS S ERNN CITY COUNCIL'S BRIEFING A. VBCPS SCHOOL REPLACEMENT UPDATE Melisa A. Ingram, Executive Director, Office of Facilities -VBCPS B. JUDICIAL CENTER(JUDGES)SECURITY Shawn Rockwell, PARKING UPGRADES P.E.,Interim (Requested by Council Members Branch and Facilities Engineer Holcomb) -Public Works C. RUDEE LOOP&CONVENTION CENTER Taylor V.Adams, RFII UPDATE Deputy City Manager D. CHANGES TO THE CITY'S ELECTION Christopher S. SYSTEM UPDATE Boynton,Deputy City Attorney II. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS III-V CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES APPROVED 11-0 Y Y Y Y Y YYY Y Y Y 1. INFORMAL/FORMAL SESSIONS August 9,2022 H. MAYOR'S PRESENTATIONS I. RECOGNITION OF KING NEPTUNE XLVIII W.Taylor Franklin and Court George & Gwen MacDonald, Celebration Chairmen 2. 60te ANNIVERSARY AWARDS Nancy Creech Jeanne Evans Cox Louisa Strayhorn J.1. Resolution to AMEND Exhibit A-Paragraph 3 ADOPTED 8-3 Y Y Y Y Y YNYN Y N of RES#4132(Approving the execution of the First Amendment to the Dome Site Development Agreement)re Allocation of the Performance Grant between phases of the Atlantic Park Project(Requested by Council Member Branch) J.2. Ordinance to TRANSFER 8839,976 to Capital ADOPTED,BY I l-0 Y Y Y Y Y YYY Y Y Y Project#100225"Judicial Center Maintenance" CONSENT re Judicial Center Parking Security Upgrades (Requested by Council Members Branch and Holcomb) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/16/2022 PAGE: 2 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I 0 C A DNC I MOO L 0 C N Y L 0 L OUWS T HCEEME S S EOF I LIR YBS S ER N N J.3. Ordinance to AWARD a $5,000 Community ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Services Micro-Grant to The Kenneth Dorsey Jr. Foundation re support back-to-school supplies drives,free haircuts and free mentoring and tutoring services for Virginia Beach students (Requested by Council Member Moss) J.4. Ordinance to AMEND Appendix J,Agricultural ADOPTED 9-0 Y Y Y Y Y Y A Y A Y Y Reserve Program (ARP) Section 4(d) re B B processing of animals as allowed by the City S S Zoning Ordinance(CZO) T T A A I I N N E E D D J.5. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to EXECUTE a Second Amendment to the CONSENT Purchase Agreement between the City and Princess Anne Hotel,LLC,at the intersection of Princess Anne Road and Community College Place J.6. Ordinance to DECLARE approximately 4,693 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y square feet of City property at the intersection of CONSENT Market and Columbus Streets,in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale to TC Hotel,LLC re construct twenty (20)additional hotel rooms J.7. Ordinance to AUTHORIZE the acceptance of a ADOPTED,BY 11-0 Y Y YYY YYY Y Y Y dedication of approximately 0.619 acres of CONSENT vacant land located on Leroy Road from Urban Associates—Foxfire re greenspace buffer J.8. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y encroachments into a portion of City-owned CONSENT property known as Lake Joyce and the twenty- foot (20') strip of City property around Lake Joyce,located at the rear of 4528 Back Cover Road re construct and maintain rip rap, timber boat ramp, landscaping timber, existing wooden dock,block bulkhead,wood bulkhead and concrete boat ramp J.9. Ordinance to EXTEND the date for satisfying ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y the conditions re closing a 334 square foot CONSENT portion of an unimproved right-of way adjacent to the rear of 317 45th Street J.10. Ordinance to APPROPRIATE $90,000 from ADOPTED,BY 11-0 Y Y Y Y Y YYYY Y Y the Oyster Heritage Trust Fund to the FY 2022- CONSENT 23 Public Works Operating Budget re oyster shell recycling CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/16/2022 PAGE: 3 B AGENDA ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC I MOO L O CNYL 0 L OUWS T HCEEME S S E O E I H R YBS S ER N N J.11. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $51,700 In Lieu of Park Reservation from CONSENT Enclave at Victory subdivision development to CIP#100299,Park Playground Renovations III J.12. Ordinance to TRANSFER$136,494 within the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y FY 2022-23 Virginia Aquarium Operating CONSENT Budget re security services K.1. WINNER'S PROPERTIES, LLC / THE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y RUNNYMEDE CORPORATION & MODIFIED,AS EVERGREEN VIRGINIA, LLC for a REVISED Modification of Conditions re car sales and service at 3700&3736 Sentara Way DISTRICT 3(Formerly District 3-Rose Hall) K.2. WITCHDUCK REAL PROPERTY,INC for APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y a Conditional Change of Zoning from I-2 Heavy PROFFERED Industrial District to Conditional A-36 Apartment District re construction of up to 438 multi-family dwelling units at a density of 35.72 units per acre at 122 Mac Street DISTRICT 4(Formerly District 4-Bayside) K.3. WILLIAM M. & JONI P. GREENE CO- APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y TRUSTEES OF THE WILLIAM M. CONDITIONED, GREENE REVOCABLE TRUST & CO- BY CONSENT TRUSTEES OF THE JONI P. GREENE REVOCABLE TRUST for a CUP re alternative residential development at 1900 Landing Road DISTRICT 2(Formerly District 7 -Princess Anne) K.4. JENNIFER&JOSEPH BAILEY for a CUP APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y re short term rental at 303 Atlantic Avenue, CONDITIONED, Unit 1404 DISTRICT 5(Formerly District 6- BY CONSENT Beach) K.5. NIKOLA GEORGIEV for a CUP re short APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y term rental at 303 Atlantic Avenue,Unit 402 CONDITIONED, DISTRICT 5(Formerly District 6-Beach) BY CONSENT K.6. PHILIP A. FLETCHER for a CUP re short APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y term rental at 303 Atlantic Avenue,Unit 1400 CONDITIONED, DISTRICT 5(Formerly District 6-Beach) BY CONSENT K.7 LORI&STUART GOLDWAG for a CUP re APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y short term rental at 2002 Baltic Avenue CONDITIONED, DISTRICT 6(Formerly District 6-Beach) BY CONSENT K.8 YOUSRY FARAGALLA for a CUP re short APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y term rental at 314 29th Street, Unit A, CONDITIONED, DISTRICT 6(Formerly District 6-Beach) BY CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/16/2022 PAGE: 4 B AGENDA R H ITEM# SUBJECT MOTION VOTE B H 0 W W U R E L M R T I O C A DNC I MOO L O C N Y L 0 L OUWS T HCEEME S S EPE I H R YBS S ERNN K.9 Ordinance to AMEND Section 401 of the City APPROVED,BY 11-0 Y Y Y Y Y YYY Y Y Y Zoning Ordinance (CZO) pertaining to small CONSENT scale agricultural processing as permitted uses in the Agricultural Zoning Districts (Sponsored by Council Member Henley) L. APPOINTMENTS RESCHEDULED BYCO N SENS U S 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TA/ITA CITIZENS ADVISORY COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 8:46 PM