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HomeMy WebLinkAbout12-6-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large 11.11A•BF,,gc4, VICE MAYOR ROSEMARY WILSON,At Large .- MICHAEL F.BERLUCCHI,Rose Hall-District 3 LINWOOD O.BRANCH,Lynnhaven-District 5 ' • ,L t BARBARA M.HENLEY,Princess Anne-District 7 U ( N.D. "ROCKY"HOLCOMB,Kempsville-District 2 4'" ' ' ,. ?_ DELCENO C.MILES,Bayside-District 4 JOHND.MOSS,At Large �'+ -- ^ AARONR.ROUSE,At Large s°F OUR woo 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 CITY AUDITOR-LYNDONS.REMIAS December 6, 2022 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 2:00 PM A. QUARTERLY PUBLIC HEALTH UPDATE Dr. Caitlin Pedati, District Director B. RESORT ADVISORY COMMISSION ANNUAL REPORT 2:30 PM BJ Baumann, Chair C. NOISE ORDINANCE UPDATE 3:00 PM Mark Stiles, City Attorney II. CITY COUNCIL LIAISON REPORTS 3:30 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:45 PM IV. CITY COUNCIL AGENDA REVIEW 4:00 PM V. INFORMAL SESSION - Conference Room- 4:15 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 Pastor Hamin"Daniel"Jung Tidewater Korean Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 15, 2022 2. FORMAL SESSION November 22, 2022 G. MAYOR'S PRESENTATION 1. RESOLUTION- 75TH ANNIVERSARY Princess Anne Courthouse Volunteer Rescue Squad and Fire Department Chief Andrew Rabideau H. PUBLIC HEARINGS 1. FY2022-23 VIRGINIA BEACH CITY PUBLIC SCHOOLS OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM (CIP) AMENDMENTS— Appropriation of Reversion funding 2. PROPOSED TAX EXEMPTIONS FROM REAL AND PERSONAL PROPERTY TAXES a. The Princess Anne Crew Club Auxiliary b. Little Christian Academy c. Coastal Virginia Building Industry Association, Inc. d. Junior Achievement of Greater Hampton Roads, Inc. 3. DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY Approximately 2.25 acres of City-owned property on Upton Drive near the intersection of Nimmo Parkway I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code 18-5.2 re business license fees and taxes and provide revenue offsets: Option 1 ($200,000 Threshold Version) Option 2 ($300,000 Threshold Version) Option 3 ($500,000 Threshold Version) (Requested by Council Members Moss, Tower and Wooten) 2. Ordinance to AMEND City Code Section Chapter 23,Article II re noise(Requested by Council Members Moss and Tower) Deferred from October 18, 2022 3. Ordinance to ADD Article XVI to City Code Chapter 35 re establish disposable plastic bag tax Deferred from September 6, 2022 (Requested by Council Member Tower - COUNCIL MEMBER TOWER REQUESTS WITHDRAWAL) 4. Ordinance to ACCEPT the recommendations of the Citizens Committee on Boards and Commissions (Requested by Council Members Berlucchi and Henley) 5. Resolution to REQUEST the Virginia Beach Development Authority (VBDA) to continue forbearance on the loan to Vanguard Landing,LLC (Requested by Council Member Henley) 6. Ordinance to APPROPRIATE $100,000 of the Tourism Investment Program(TIP)fund to the FY 2022-23 Convention and Visitors Bureau Operating Budget and INCREASE the Annual Grant re Neptune Festival(Requested by Council Members Berlucchi and Branch) 7. Ordinance to DECLARE City-owned property at 3000 Barberry Lane to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Joseph P. and Amy L. Heilman 8. Ordinance to AUTHORIZE acquisition of property in fee simple and the acquisition of temporary and permanent easements, either by agreement or condemnation re Shore Drive Corridor Improvements - Phase III Project, CIP 100381 (formerly CIP 2-117) 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of-way known as Windsor Crescent re maintain existing stone patios,stone walls,PVC fence,brick steps, fire pit, wood fence and grassy area at the rear of 3868 Jefferson Boulevard (District 9, Formerly District 4—Bayside) 10. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned Property known as West Canal re maintain an existing vinyl bulkhead, construct and maintain a vinyl bulkhead, wharf, and four (4) pile boat lift at the rear of 2304 Windward Shore Drive (District 8, Formerly District 5 —Lynnhaven) 11. Ordinance to APPROPRIATE $2-Million of the Tourism Investment Program(TIP) fund and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re Something in the Water, LLC 12. Ordinance to ACCEPT and APPROPRIATE $3,575,692 from the Virginia Department of Transportation (VDOT) for roadway work to CIP Projects 100425 "Traffic Signal Rehabilitation Project Phase II" and 100401 "Street Reconstruction Phase II" and FY2022-23 Public Work Operating Budget re purchase a bucket truck and street light parts 13. Ordinance to ACCEPT and APPROPRIATE $750,000 from the Commonwealth Opportunity Fund to Virginia Beach Development Authority (VBDA) re award for the Acoustical Sheetmetal Project 14. Ordinance to ACCEPT and APPROPRIATE $562,485 from the Virginia Department of Criminal Justice Services to the Virginia Beach City Public Schools as a grant subrecipient re 15 Security Officers and/or Security Assistants 15. Ordinance to ACCEPT and APPROPRIATE $440,000 from the Department of Behavioral Health and Development Services to the FY2022-23 Human Services Operating Budget re support substance use disorder programs 16. Ordinance to ACCEPT and APPROPRIATE $214,809.75 from the Virginia Department of Agriculture and Consumer Services to the FY2022-23 Agricultural Reserve Program (ARP) Special Revenue Fund Operating Budget re reimburse City for a portion of cost to acquire preservation easement 17. Ordinance to ACCEPT and APPROPRIATE $146,220 from the Department of Behavioral Health and Development Services to the FY2022-23 Human Services Operating Budget re Project LINK support services K. PLANNING 1. ATLANTIC DEVELOPMENT ASSOCIATES, LLC & WPL VENTURES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots at 111 73rd Street DISTRICT 6 (formerly District 5-Lynnhaven) Deferred from August 9, 2022 RECOMMENDATION: APPROVAL 2. PRINCESS ANNE COUNTRY CLUB / PRINCESS ANNE COUNTRY CLUB & EXPANSION ONE, LLC for a Change of Nonconformity (Expansion of Non-Conforming Use) re one-story dwelling for event space and overnight lodging at 3901 Holly Road, 488 Linkhorn Drive, 3800 Pacific Avenue DISTRICT 6 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 3. SXCW PROPERTIES II, LLC for a Conditional Use Permits re car wash facility & automotive service station at 3264 Holland Road DISTRICT 3 (Formerly District 3-Rose Hall) RECOMMENDATION: APPROVAL 4. EARTHSCAPES ENTERPRISES,LLC/VALIANOS PROPERTIES,LLC &JEM,LLC for a Conditional Use Permit re bulk storage yard at 619 & 623 London Bridge Road DISTRICT 3 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 5. FANTASY TATTOO COMPANY / WCSC, LLC for a Conditional Use Permit re tattoo parlor at 1920 Centerville Turnpike, Suite 118 DISTRICT 7 (formerly District 1-Centerville) RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION ATLANTIC COMMUNITY DEVELOPMENT AUTHORITY AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD EASTERN VIRGINIA MEDICAL SCHOOL BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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. I 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=e4223 ccbc4345 7b0de2a43 4e079f3 3 d9f 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on December 6, 2022. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 2:00 PM A. QUARTERLY PUBLIC HEALTH UPDATE Dr. Caitlin Pedati, District Director B. RESORT ADVISORY COMMISSION ANNUAL REPORT 2:30 PM BJ Baumann, Chair C. NOISE ORDINANCE UPDATE 3:00 PM Mark Stiles, City Attorney II. CITY COUNCIL LIAISON REPORTS 3:30 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:45 PM IV. CITY COUNCIL AGENDA REVIEW 4:00 PM V. INFORMAL SESSION - Conference Room- 4:15 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 Pastor Hamin"Daniel"Jung Tidewater Korean Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 15, 2022 2. FORMAL SESSION November 22, 2022 G. MAYOR'S PRESENTATION 1. RESOLUTION - 75TH ANNIVERSARY Princess Anne Courthouse Volunteer Rescue Squad and Fire Department Chief Andrew Rabideau �`�o„..A B£q p 04 L� G,2 U,,,,,.:, D i sQ t V RESOLUTION WHEREAS: In the early days of the 20`h century, Princess Anne County was comprised almost entirely of farmland and was known as Courthouse Station did not have its own fire department.If a medical emergency were to arise or a fire started in the county,the closest fire station was at the oceanfront outside the Princess Anne County limits. This left some areas in the county nearly isolated:and WHEREAS:In April 1947,twelve residents of the Princess Anne Court House area banded together to solve this crucial issue that faced the community. Thus,forming the Princess Anne Court House Volunteer Fire Department. WHEREAS:In November 1947, the squad was officially chartered by the Commonwealth of Virginia State Corporation Commission, with Roland West,Herman Bartee, Harry Sawyer,Moses Flanagan, Luke Hill. S. Paul Brown, David"Johnny" Vaughan, Oscar Chaplain and Frank W.Kellam listed as the charter members. WHEREAS:As the Princess Anne Court House Volunteer Fire Department sought to provide resources and safety to their community they were met with some challenges. The first being the acquisition of a fire engine. Though their appeals to the National Guard requesting a fire engine were not met,local politician Frank Kellam,stepped up to help. With their determination and the support of the community,they were able to raise the finds to purchase a used fire engine. WHEREAS:The fire engine was housed in a local barn until the purchase and construction of the Courthouse Fire Station,which was located just north of the County Jail Lodge(across the street from the modern-day Shell Station at the Municipal Center):and WHEREAS:In late 1949, the hard work and dedication from these volunteers did not cease. The new station was built by the volunteers themselves and served as a multipurpose space for the community to congregate:and WHEREAS:In 1950,Chief West purchased 7 helmets and the station purchased their.first,used but new to them,Cadillac Station Wagon to serve as an ambulance.The volunteers continued to go above and beyond by raising_finuds to properly equip and stock the ambulance to better serve the community:and WHEREAS:The volunteer Fire Departments soon began receiving communication equipment from Princess Anne County.The order in which the systems were scheduled to be installed would determine their station number.Princess Anne Courthouse was the 5th station to receive their equipment:and WHEREAS:In 1963,Princess Anne County merged with the Town of Virginia Beach to create the Independent City of Virginia Beach. The area surrounding Station 5 would become the Virginia Beach Municipal Center:and WHEREAS:The Courthouse Volunteers would soon modernize with the purchase of a"Big Engine"in 1967 and a built-to-order ambulance in the 1970's.As the City grew,a single paid fireman was added to the Monday through Friday 9 a.m.—5 p.m.shift to assist the volunteers. Shortly after,the department would enhance their skills with educational programs and certifications;and WHEREAS:By 1988,thirty-three members collectively volunteered thirty-eight hundred hours serving the forty-five hundred families residing in their immediate response area:and WHEREAS:Fast forward a few years,the station would be responsible for larger events such as the Pungo Strawberry Festival and the events held at the newly constructed Virginia Beach Amphitheater. The station would continue to grow and meet the needs of the surrounding area as it expanded and welcomed new residents;and WHEREAS:Station 5 would soon become the third largest volunteer rescue squad among the other 10 operating in the area:and WHEREAS:Princess Anne Courthouse Volunteer Rescue Squad celebrates 75 years of operation this month:and WHEREAS:While we reflect on the contributions this organization has made to our community.we would also like to take a moment to reflect on their rich history. The foundation of this department was built on the needs of the community.Residents took it upon themselves to take care of one another.As the department grew those core values never faded:and NOW,THEREFORE,BE IT RESOLVED:That the City Council congratulates Princess Anne Courthouse Volunteer Rescue Squad and Fire Department an its anniversary and long-lasting commitment to the City;and BE IT FURTHER RESOLVED:Given by the Council of the City of Virginia Beach, Virginia the 6`h day of December 2022 and present this Resolution duly signed by each Member of the Virginia Beach City Council. CouncilMem6er Michael.E.Berlucchi Councif Member Linwood O.Branch Council Member Barbara M..7fenley Council MemberN.D. "Rgcfy"9folcom6 Council-Member(Delceno C.Miles Councit Member John D.Moss Councif Member Aaron R Rouse Council Member Guy IC Tower Councit Member Sa6rina D.zIooten Vice Mayor Wosemary Wilson Mayor Robert M. 'Bobby"Dyer H. PUBLIC HEARINGS 1. FY2022-23 VIRGINIA BEACH CITY PUBLIC SCHOOLS OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM (CIP) AMENDMENTS — Appropriation of Reversion funding 2. PROPOSED TAX EXEMPTIONS FROM REAL AND PERSONAL PROPERTY TAXES a. The Princess Anne Crew Club Auxiliary b. Little Christian Academy c. Coastal Virginia Building Industry Association, Inc. d. Junior Achievement of Greater Hampton Roads, Inc. 3. DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY Approximately 2.25 acres of City-owned property on Upton Drive near the intersection of Nimmo Parkway a ?,...,„0.i..,9,;), E ? , _,„ ,,,,, _•i, 'i*,,-,--.:_, ,:.."," `h•.vY AMENDMENTS TO THE VIRGINIA BEACH CITY PUBLIC SCHOOLS FY 2022-23 OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM: Appropriate$48,294,167 in School Reversion Funding On Tuesday,December 6,2022,at 6:00 p.m.in the City Council Chamber on the second floor of the City Hall Building.2401 Courthouse Drive,Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on proposed amendments to the FY 2022-23 Operating and Capital Improvement Program budgets for the Virginia Beach City Public Schools. This appropriation request was adopted by resolution of the Scnool Board,and because it exceeds 1%of the FY 2022-23 Operating Budget, a public hearing is necessary. The request of the School Board is for an appropriation of$48,294,167 in the amounts and for the purposes set forth below 1. A total of$35,294,167 to be appropriated to the FY 2022-23 Capital Improvement Program in the form of pay-as-you-go funding: a. $3,746,765 with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds b. $5.572,862 to offset state construction grants revenue under budget as estimated in the Adopted FY 2022-23 CIP c. Project 1-015 Princess Anne High School Replacement-$10,547,220 4.); d. Project 1-028 B.F Wi;liams'Bayside 6' (Grade 4-6) School Replacement - $7,547,220 e. Project 1-029 Bayside High School Replacement-$4,880,100 f. Project 1-030 Payroll System Replacement- $3,0C0,000; 2. $11,000,000 to be appropriated to School Reserve Special Revenue Fund to be set-aside for project 1-018 Renovations and Replacement-HVAC Phase III($9,200,000)and 1-019 Renovations— Roofing ($1,800,000)for use in the FY 2023-24 Capital Improvement Program;and 3 $2,000.000 to be re-appropriated to the Risk Management fund. 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.we bex com/vbgov:!onstage/goho? M TI D=e4223ccbc43457 bOde20434e079f33d9f 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m. on December 6, 2022. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk BEACON:NOVEMBER 27,2022 r� N1A 4Fy ., ,,,,i),„„ t�....., CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $48,294,167 of School Reversion and Revenue Sharing Funds PUBLIC HEARING: December 6, 2022 MEETING DATE: December 13, 2022 • Background: The current City and Schools revenue sharing policy (the "Policy") has been in place since 2019. Section 6 of the Policy outlines the process for the School Board to request lapsed funds and overperformance of certain revenues. In accordance with the Policy, the School Board adopted a Resolution on November 9, 2022, which is attached hereto. The total amount that the School Board is requesting to be appropriated by City Council is $48,294,167. Comprising the total amount is $15,680,703 of School Operating reversion funds, $3,746,765 of unspent debt service from the FY 2021-22 budget, $938,410 of additional revenue over the appropriated budget, $296,396 of reverted funds from the Athletics fund, $409,492 of reverted funds from the Green Run Collegiate Charter School fund, and $27,222,401 due to the overperformance of revenues that comprise the Revenue Sharing Formula. The School Board has requested funds be appropriated in the following manner: 1. A total of$35,294,167 to be appropriated to the FY 2022-23 CIP Fund, transferred in the form of pay-as-you-go funding: a. $3,746,765 with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds; b. $5,572,862 to offset state construction grants revenue under budget as estimated in the Adopted FY 2022-23 CIP; c. Project 1-015 Princess Anne High School Replacement - $10,547,220; d. Project 1-028 B.F Williams/Bayside 6th (Grade 4-6) School Replacement - $7,547,220; e. Project 1-029 Bayside High School Replacement - $4,880,100; f. Project 1-030 Payroll System Replacement- $3,000,000; 2. $11,000,000 to be appropriated to School Reserve Special Revenue Funds to be set-aside for Capital Project#1-018 Renovations and Replacement- HVAC Phase III ($9,200,000) and Capital Project #1-019 Renovations — Roofing ($1,800,000) for use in the FY 2023-24 Capital Improvement Program; and 3. $2,000,000 to be appropriated to the Risk Management fund. • Considerations: The attached ordinance presents to the City Council the proposed used of funds by the School Board. As required by the Policy, the Department of Budget and Management Services has prepared an ordinance for the City Council to consider the School Board's request. • Public Information: Public information will be provided through the normal City Council agenda process. In addition, the amount of the appropriation request exceeds 1% of the Operating Budget, so a public notice was placed in the November 27, 2022, Beacon for a public hearing to be held on December 6, 2022. • Attachments: Ordinance, School Board Resolution Requested by the School Board of the City of Virginia Beach REQUESTED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH 1 AN ORDINANCE TO APPROPRIATE $48,294,167 OF 2 SCHOOL REVERSION AND REVENUE SHARING FUNDS 3 4 WHEREAS, the School Board of the City of Virginia Beach adopted a Resolution 5 Regarding FY 2021-21 Reversion and Revenue Sharing Formula Reconciliation on 6 November 9, 2022; and 7 8 WHEREAS, a public hearing was held on December 6, 2022 to meet the statutory 9 requirement of a budget amendment that exceeds 1% of the City's FY 2022-23 Operating 10 Budget; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA THAT: 14 15 1. $48,294,167 in reversion and revenue sharing funds are hereby appropriated for 16 the following purposes: 17 a. $11,000,000 to be appropriated to the School Reserve Special Revenue fund 18 to be set-aside for use in the FY 2023-24 Capital Improvement Program; 19 b. $35,294,167 to be appropriated to the Schools' CIP fund: 20 • $3,746,765 as pay-go with a corresponding reduction in authorized but 21 unissued Public Facility Revenue Bonds; 22 • $5,572,862 with a corresponding reduction in estimated state 23 construction grant revenue; 24 • Project 1-015 Princess Anne High School Replacement - $10,547,220; 25 • Project 1-028 B.F Williams/Bayside 6th (Grade 4-6) School Replacement 26 - $7,547,220; 27 • Project 1-029 Bayside High School Replacement - $4,880,100; 28 • Project 1-030 Payroll System Replacement- $3,000,000; and 29 2. $2,000,000 to be appropriated to the Schools' Risk Management Fund. 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: Budget and Management Services City Attorney's Office CA15981 R-1 November 21, 2022 ti VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services 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 — Kempsville 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 Hall District 1—Centerville District 4- Bayside Aaron C. Spence, Ed.D., Superintendent Budget Resolution Regarding FY 2021/22 Reversion and Revenue Sharing Formula Reconciliation WHEREAS, on September 27, 2022,the School Board was presented with a summary of the unaudited financial statements for FY 2021/22 (year-ending June 30, 2022), showing the reversion amount to the city's General fund;and WHEREAS,$15,680,703 is the amount of School Operating reversion funds available(excluding debt service and revenues over under budget); and WHEREAS, $3,746,765 is the amount remaining in debt service from the FY 2021/22 budget due to the timing of bond sales, increasing the School Operating reversion amount to $19,427,468; and WHEREAS, $938,410 came in as additional revenue over the appropriated budget, increasing the School Operating reversion amount to$20,365,878; and WHEREAS,$296,396 reverted from the Athletics fund and$409,492 reverted from the Green Run Collegiate Charter School fund; and WHEREAS,the current total amount available for re-appropriation is $21,071,766; and WHEREAS,the city is currently indicating an FY 2021/22 revenue actual over budget of$27,222,401 based on the Revenue Sharing Formula; and WHEREAS,the total amount available for re-appropriation is$48,294,167; and WHEREAS,the Administration recommends the following for the available funds in the amount of $48,294,167: • $35,294,167 to be re-appropriated to the FY 2022/23 Capital Improvement Program - $3,746,765 to be transferred in the form of pay-as-you-go funding with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds - $5,572,862 to be transferred in the form of pay-as-you-go funding to offset state construction grants revenue under budget Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2512 George Mason Drive I P.O.Box 6038 ( Virginia Beach,Virginia 23456-0038 www.vbschools.corn iof ,(4,0. • VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Page 2 Budget Resolution Regarding FY 2021/22 Reversion and Revenue Sharing Formula Reconciliation (continued) - $10,547,220 to be transferred in the form of pay-as-you-go funding for project 1-015 Princess Anne High School Replacement - $7,547,220 to be transferred in the form of pay-as-you-go funding for project 1-028 B.F. Williams/Bayside 6`h(Grades 4-6) Replacement - $4,880,100 to be transferred in the form of pay-as-you-go funding for project 1-029 Bayside High School Replacement - $3,000,000 to be to be transferred in the form of pay-as-you-go funding for project 1-030 Payroll System Replacement • $11,000,000 to be re-appropriated to the School Reserve Special Revenue fund to be set-aside for projects 1-018 Renovations and Replacements - HVAC Phase III($9,200,000) and 1-019 Renovations and Replacements - Reroofing($1,800,000) for use in the FY 2023/24 Capital Improvement Program • $2,000,000 to be re-appropriated to the Risk Management fund NOW,THEREFORE, BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the FY 2021/22 Reversion and Revenue Sharing Formula Reconciliation funds as presented by the Administration;and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re- appropriation of FY 2021/22 Reversion and Revenue Sharing Formula Reconciliation funds shown above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 9th day of November 2022. r• • ti\1 1 C i Y, 4 • f • ` — - c; S itJ J ;'° Carolyn T. Rye, Sch of and Chai dig 6. • Attest: Regina .Toneatto, Clerk of the 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 if NOTICE OF PUBLIC HEARING Proposed Exemptions from Local Property Taxation by Designation On Tuesday,December 6,2022 at 6:00 pm in City Council Chambers, which is 2401 Courthouse Drive, the City Council of the City of Virginia Beach will hold a public hearing on ordinances to exempt from local property taxes(all amounts rounded to the nearest dollar):The Princess Anne Crew Club Auxiliary,which has a personal property assessment of$8,042 and oersonai property taxes assessed against such property at$141 annually; Little Christian Academy,which nas a personal property assessment of $2,056 and personal property tax assessed against such property at$82 annually:Coastal Virgnia Building industry Association,Inc..which has a personal property assessment of$18.5.-)6 and personal property taxes assesses against such property at$740 annually:Junior Achievement of Greater Hampton Roads, Inc., which has a personal property assessment of $4,277 and personal property taxes assesses against such property at$171 annually. Copies of a proposed ordinances are on file in the office of the City Clerk. All interested persons are welcome to / appear at the hearing and present their views on the J proposed exemptions. individuais desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. if you are physical.y disabled or visually impaired and reed assistance at this meeting, please call 365-4303; hearing impaired, call Virginia Relay at 1-800-828-1120. 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/vbgov/onstage/g.Dho? MTID=e4223ccbc44F.7Tt 0de2a434e079f33d9f 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m on December 6, 2022. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk BEACON:NOVEMBER 27,2022 ,, ii,....:,...),-- .1, " -..4} a� S.I ,,,, e.I CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: Ordinances to Designate The Princess Anne Crew Club Auxiliary, Little Christian Academy, Coastal Virginia Building Industry Association, Inc., and Junior Achievement of Greater Hampton Roads, Inc. as Being Exempt from Local Property Taxation PUBLIC HEARING DATE: December 6, 2022 MEETING DATE: December 13, 2022 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). • Considerations: The Commissioner of the Revenue has received four applications for tax exemption by designation, which are presented for the City Council's action. The Commissioner has reviewed the applications presented for formal action and finds each meets the City Council policy for Tax Exemption by Designation. Each of these applicants is seeking exemption from personal property not real property. • Alternative: City Council is not required to approve exemption requests. • Public Information: A public hearing for these items was held on December 6, 2022, during the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. • Attachments: Ordinances (4); Commissioner of Revenue Summary of the Applications (4); Disclosure Forms (4); Council Policy Submitted pursuant to City Council Policy adopted May 6, 2008. 1 AN ORDINANCE TO DESIGNATE THE PRINCESS ANNE 2 CREW CLUB AUXILIARY AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to The Princess Anne Crew Club Auxiliary; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates The 13 Princess Anne Crew Club Auxiliary a charitable organization within the context of§ 6(a)(6) of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by The Princess Anne Crew Club Auxiliary located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by The Princess Anne Crew Club Auxiliary for 23 exclusively charitable purposes; 24 25 (b) that each July 1, The Princess Anne Crew Club Auxiliary shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, The Princess Anne Crew 31 Club Auxiliary shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d) that The Princess Anne Crew Club Auxiliary cooperate fully with the 35 Commissioner of the Revenue with respect to audit of its financial records and 36 compliance with the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of , 2022. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue City Attorney's Office CA15974/R-1/November 8, 2022 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: The Princess Anne Crew Club Auxiliary Website: https://pacrew.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Princess Anne Crew Club Auxiliary's mission is to provide access to any high school student in Virginia Beach to a sport that many students could not be able to afford to get involved in due to the exorbitant costs. They accept rowers from any school, public or private, as well as horneschool students. Their student athletes learn leadership skills as well as the lifelong benefits of physical fitness, grit, determination, and teamwork. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessed Value: $8,042.00 Tax: $140.53 RELEVANT INFORMATION IRS Granted 501 (c) 3 status—February 2, 2011 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE iz ti name: WinCm C�he k sC 'Organ on a �� at,t19 SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO r SERVICE PROVIDER (use additional sheets if needed) dAccounting and/or preparer of your tax return Financial Services (include -rr W� � es lending/banking institutions and current mortgage holders as b rSO‘Vi `applicable) U E( Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. le61.1t \i‘ckl (o z APPLICANT' SIGNATURE PRINT NAME DA E 1 AN ORDINANCE TO DESIGNATE LITTLE CHRISTIAN 2 ACADEMY AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXAT I O N 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Little Christian Academy; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Little 13 Christian Academy a charitable organization within the context of§ 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Little Christian Academy located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Little Christian Academy for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Little Christian Academy shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Little Christian Academy 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Little Christian Academy cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue City Attorney's Office CA15975/R-1/November 8, 2022 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Little Christian Academy Website: https://www.facebook.com/warriorschristian SUMMARY OF NONPROFIT BUSINESS ACTIVITY Little Christian Academy's mission is to provide a safe, loving, and nurturing environment sensitive to each child's emotional, intellectual, physical, and social needs. They empower students using the word of God through age centered devotionals. They are open to children ages 6 weeks to 12 years. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessed Value: $2,056.00 Tax: $82.24 Vehicle: RELEVANT INFORMATION IRS Granted 501 (c) 3 status— September 15, 2020 DISCLOSURE STATEMENT FORM • e The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: ...11- f-_C r fici4-a- ��rn LuQrrior rc(r lea-citen", SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of. if - your tax return Oa.rnes ccif�_ kg_ Financial Services (include El lending/banking institutions and 01 current mortgage holders as applicable) Legal Services ❑ 21. Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is j complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. / e J oy APPL •NT' �1 PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE COASTAL VIRGINIA 2 BUILDING INDUSTRY ASSOCIATION, INC. AS BEING 3 EXEMPT FROM LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Coastal Virginia Building Industry Association, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Coastal 13 Virginia Building Industry Association, Inc. a charitable organization within the context of § 14 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Coastal Virginia Building Industry Association, Inc. 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Coastal Virginia Building Industry Association, 23 Inc. for exclusively charitable purposes; 24 25 (b) that each July 1, Coastal Virginia Building Industry Association, Inc. shall file with 26 the Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Coastal Virginia Building 31 Industry Association, Inc. shall file an exemption application with the 32 Commissioner of the Revenue as a requirement for retention of the exempt 33 status of the property; and 34 35 (d) that Coastal Virginia Building Industry Association, Inc. cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue City Attorney's Office CA15976/R-1/November 8, 2022 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Coastal Virginia Building Industry Association Inc. Website: cvbia.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY A member trade organization representing more than 500 companies in Southeastern Virginia involved in residential home building, commercial construction and property management. Their mission is to improve the climate for quality housing for all incomes; promote the growth and development of the shelter industry; promote excellence and professionalism among members through educational and networking opportunities; and support and enhance the community through charitable projects. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessed Value: $18,505.60 Tax: $740.24 RELEVANT INFORMATION IRS Granted 501 (c) 6 status—July 1955 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE as / vi r �/Ii a t ci i %hf'sy,Or anization name: �2 � � tXl SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? if the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if J needed) Q El Accounting and/or preparer of //� Fi/l hor/1 Cherii,'tzer your tax return Financial Services (include 7 .14)4e.. azk n ❑ lending/banking institutions and current mortgage holders as a• •licable) — - -- - A/44/Cnia4 .� ,a n�IGS n Legal Services Ej Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. GL.i4v1 //' K. car 7 N 7/i4 APPLICANT'S SIGNATURE ; PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE JUNIOR ACHIEVEMENT 2 OF GREATER HAMPTON ROADS, INC. AS BEING 3 EXEMPT FROM LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Junior Achievement of Greater Hampton Roads, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Junior 13 Achievement of Greater Hampton Roads, Inc. a charitable organization within the context of§ 14 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Junior Achievement of Greater Hampton Roads, 17 Inc. located within the City of Virginia Beach that is used exclusively for charitable purposes on 18 a nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Junior Achievement of Greater Hampton 23 Roads, Inc. for exclusively charitable purposes; 24 25 (b) that each July 1, Junior Achievement of Greater Hampton Roads, Inc. shall file 26 with the Commissioner of the Revenue a copy of its most recent federal income 27 tax return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Junior Achievement of 31 Greater Hampton Roads, Inc. shall file an exemption application with the 32 Commissioner of the Revenue as a requirement for retention of the exempt 33 status of the property; and 34 35 (d)that Junior Achievement of Greater Hampton Roads, Inc. cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue City Attorney's Office CA15647/R-1/November 8, 2022 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Junior Achievement of Greater Hampton Roads Inc. Website: hamptonroads.ja.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Junior Achievement is an organization dedicated to educating students K-12 about workforce readiness, entrepreneurship, and financial literacy through hands on programs. Volunteers serve as role models helping to positively impact young people's perceptions about the importance of education, as well as critical life skills.Junior Achievement's mission is to inspire and prepare young people to succeed. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessed Value: $4,277.11 Tax: $171.08 Vehicle: RELEVANT INFORMATION IRS Granted 501 (c)3 status—January 1994 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Junior Achievement of Greater Hampton Roads, Inc. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YE NO SERVICE PROVIDER (use additional sheets S if needed) Accounting and/or preparer of Hobson Business Solutions El El your tax return & Barnes, Brock, Cornwell, and Painter, PLC Financial Services (include Bank of America ® lending/banking institutions TowneBank and current mortgage holders as applicable) Williams Mullen Legal Services • Payday Payroll, ADP, CoxCommunications, D Broker/Contractor/Engineer/Ot her Service Providers USBank Equipment Finance, Pitney Bowes, ESI/Xerox, and USI CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Jamie Henry Jamie Henry 10.18.22 .APPLICANT'S SIGNATURE PRINT NAME DATE , I Original Proposal .."*.es\ p --..-— - t .1,.......0..i. • City y Council Policy • Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption February 3, 2004 Dates of Revisions:May 6,2008 Page I of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent,cultural,or public park and playground purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. . 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6,2008 Page 2 .of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. if the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Daces of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions:May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PR DPERTY TAXES- Ad valorem taxes Ievied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall indude submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. °Gs = rt �J LtY� PUBUC HEARING DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on Tuesday,December 6, 2022, at 6:00 p.m., in the Council Chamber,City Hall - Bldg. 1,Municipal Center,2401 Courthouse Drive,Virginia Beach,Virginia 23456. The purpose of this hearing will be to obtain public input to determine whether the following property should be declared in excess of the City's needs and conveyed to Hospice House of Hampton Roads. The subject property is currently under contract after being declared excess in 2017,however the prior ordinance has expired. Approximately 2.25 acres of City- owned property located on Upton Drive near the intersection of Nimmo Parkway(GPIN:2414-47-2012) If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Dept.of Public Works/ Real Estate Division, 2473 N. Landing Road,Bldg.23,Virginia Beach, Virginia 23456, (757) 385-4161, (pw r ea testa te@ v bgo v.corn). 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.we Uex.c om/v bgo vi onstage/g.pho?MTI D=e4223ccbc 43457bOde2a434e079f33191 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on December 6.2022. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk BEACON:NOVEMBER 27,2022 _7 Fj i 1 ewe r CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Re-declaring 2.25+/- acres of City Property Located on Upton Drive to be in Excess of the City's Needs and Authorizing the City Manager to Execute the Documents Necessary to Complete the Conveyance of the Property to Hospice House of Hampton Roads HEARING DATE: December 6, 2022 MEETING DATE: December 13, 2022 ■ Background: On August 15, 2017, by Ordinance ORD-3515G, City Council declared a 2.25+/- acre parcel (GPIN 2414-47-2012) located on Upton Drive near the intersection of Nimmo Parkway (the "Property") to be in excess of the City's needs and authorized the Property's conveyance to Hospice House of Hampton Roads, formerly known as Hospice House of South Hampton Roads, Inc. ("Hospice House"), a non-profit 501(c)(3) organization. City Council authorized the conveyance for Hospice House to construct and operate an approximately 12,000 sq. ft., 12-bed hospice care facility (the "Facility"). The Facility would be the first free-standing inpatient hospice care facility in the Hampton Roads region. The City had acquired the Property in 1985 through condemnation proceedings as part of the Transportation Safety Improvement Project, CIP 2- 024, which project has been completed. Pursuant to Ordinance ORD-3515G, the City and Hospice House entered into a development agreement, dated April 26, 2022 (the "Development Agreement"), to convey the Property to Hospice House once Hospice House met certain conditions necessary to close, including obtaining a conditional use permit and site plan approval. Ordinance ORD-3515G included an expiration date of June 5, 2022 to encourage intentional pursuit of their fundraising and permit approvals, but despite diligent efforts, the conveyance did not occur before the ordinance expired. Hospice House has represented that it is ready and willing to close on the conveyance of the Property. Hospice House has been persistent in meeting all necessary conditions to close, including securing financing, obtaining a conditional use permit, and receiving conditional site plan approval in order to construct the Facility. City staff recommends ratifying the Development Agreement and conveying the Property to Hospice House, pursuant to the terms of the Development Agreement, a summary of which is attached to the Ordinance as Exhibit B. • Considerations: Because the Property was acquired through condemnation, a minimum of three-fourths of all City Council members must vote in favor of the conveyance. • Public Information: A public hearing was advertised in The Virginian-Pilot on November 27, 2022 and will be held on December 6, 2022. Public information will also be provided through the normal City Council agenda process. A public hearing was also held in 2017 prior to the adoption of Ordinance ORD-3515G. • Recommendation: Approve the Ordinance • Alternatives: Deny • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval of the Ordinance 4`A-L Submitting Department/Agency: Public Works/Real Estate City Manager: ` vur t'Ra 1 AN ORDINANCE RE-DECLARING 2.25+/- ACRES 2 OF CITY PROPERTY LOCATED ON UPTON 3 DRIVE TO BE IN EXCESS OF THE CITY'S NEEDS 4 AND AUTHORIZING THE CITY MANAGER TO 5 EXECUTE THE DOCUMENTS NECESSARY TO 6 COMPLETE THE CONVEYANCE OF THE 7 PROPERTY TO HOSPICE HOUSE OF HAMPTON 8 ROADS 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 11 2.25+/- acres of land on Upton Drive (GPIN: 2414-47-2012) (the "Property"), and more 12 particularly described on Exhibit A, attached hereto and made a part hereof; 13 14 WHEREAS, the City acquired the Property in 1985 as part of the Transportation 15 Safety Improvement Project, CIP 2-024, which project has been completed; 16 17 WHEREAS, on August 15, 2017, by Ordinance ORD-3515G, City Council 18 declared the Property to be in excess of the City's needs and authorized the 19 conveyance of the Property to Hospice House of Hampton Roads, formerly known as 20 Hospice House of South Hampton Roads, Inc. ("Hospice House"), a non-profit 501(c)(3) 21 organization, to construct and operate an approximately 12,000 sq. ft., 12-bed hospice 22 care facility (the "Facility"); 23 24 WHEREAS, pursuant to Ordinance ORD-3515G, the City and Hospice House 25 entered into a development agreement, dated April 26, 2022 (the "Development 26 Agreement"), to convey the Property to Hospice House once Hospice House met 27 certain conditions necessary to close; 28 29 WHEREAS, Ordinance ORD-3515G contained an automatic expiration date for 30 the conveyance of the Property to Hospice House, which date has passed; 31 32 WHEREAS, Hospice House has diligently pursued meeting the conditions, 33 however, due to various circumstances, conveyance of the Property has not yet 34 occurred and Ordinance ORD-3515G has expired; 35 36 WHEREAS, Hospice House has represented that it is ready and willing to close 37 on the conveyance of the Property, and City staff desires to complete the conveyance of- 38 the Property to Hospice House as contemplated by the Development Agreement; 39 40 WHEREAS, Hospice House intends to close on the Property pursuant to the 41 terms of the Development Agreement, a summary of which are attached hereto and 42 made a part hereof as Exhibit B (the "Summary of Terms of Development Agreement"); 43 and 44 45 WHEREAS, the City Council finds that the Property is still in excess of the needs 46 of the City of Virginia Beach, and conveyance of the Property to Hospice House to 47 support the construction of a hospice facility would provide a benefit of the community. 48 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 49 VIRGINIA BEACH, VIRGINIA: 50 51 1) That the 2.25+/- acres of City Property located on Upton Drive (GPIN: 2414- 52 47-2012), as shown on Exhibit A attached hereto and made a part hereof, is hereby 53 declared to be in excess of the needs of the City of Virginia Beach; and 54 55 2) That the City Manager is hereby authorized to execute any documents 56 necessary to ratify the Development Agreement and to complete the conveyance of the 57 Property to Hospice House of Hampton Roads in accordance with the Summary of 58 Terms as shown on Exhibit B, and such other terms, conditions or modifications as may 59 be acceptable to the City Manager and in a form deemed satisfactory by the City 60 Attorney. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 63 of , 2022. Requires an affirmative vote by three-fourths (3/4) of all members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: V-` , YA:10f PUBLIC WORKS/REAL ESTATE ATTp NEY' FFICE CA15819 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d021\p046\00845775.docx R-1 November 23, 2022 2 EXHIBIT A ALL THAT certain lot, tract or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PARCEL 'Y"' on that certain plat entitled "SUBDIVISION OF LOT 1393A RESUBDIVISION OF PROPERTY LOT 1393 SUBDIVISION OF RED MILL FARM SECTION 23 / SOUTH SHORE ESTATE (M.B. 279, PG. 92) AND RESIDUAL PARCELS A & B PROPERTY OF CITY OF VIRGINIA BEACH (D.B. 2466, PGS. 1258 & 1259) M.B. 279, PG. 92", dated April 24, 2019 and revised through May 7, 2021, prepared by City of Virginia Beach, Department of Public Works, Engineering Group, Survey Bureau, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 202107000121. LESS AND EXCEPT AND RESERVING TO the City any easements required for utilities, traffic control, communication facilities, drainage, maintenance, and access to accommodate any existing facilities for which an easement has not yet been identified as designated and described in a forthcoming plat(specific location and square footages to be determined by plat). LESS AND EXCEPT AND RESERVING TO the City that certain permanent easement designated as "PROPOSED 30' PUBLIC DRAINAGE EASEMENT" as shown on the aforesaid plat and as further described in a forthcoming plat(specific location and square footages to be determined by plat). LESS AND EXCEPT AND RESERVING TO the City all right, title, and interest of City in and to any and all easements, rights-of-way, private roads, and other rights of access, ingress and/or egress adjacent to, appurtenant to, or in any way benefitting the above- described property. IT BEING a part of the same property acquired by the City of Virginia Beach by Certificate of Condemnation dated April 4, 1985, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach at Deed Book 2401, Page 1838 (now Instrument Number 198508170328), as amended by Amended Certificate of Condemnation dated December 26, 1985, recorded in the aforementioned clerk's office at Deed Book 2467, Page 1845 (now Instrument Number 198508123161), title vesting by Final Order of the Circuit Court of the City of Virginia Beach, dated December 30, 1985, recorded in the aforementioned clerk's office at Deed Book 2473, Page 1279 (now Instrument Number 198608280491). EXHIBIT B SUMMARY OF TERMS OF DEVELOPMENT AGREEMENT CONVEYANCE OF EXCESS CITY PROPERTY GRANTOR: City of Virginia Beach (the "City") GRANTEE: Hospice House of Hampton Roads ("Hospice House") PROPERTY: 2.25+/- acres of City property (GPIN: 2414-47-2012) located on Upton Drive near the intersection of Nimmo Parkway (the "Property") CONSIDERATION: To be conveyed on the condition that the property be used as a hospice care facility serving the City of Virginia Beach. CONDITIONS OF CONVEYANCE: • Hospice House will build a 12-bed hospice facility of approximately 12,000 sq. ft., expected to include a family kitchen, chapel, staff lounge, volunteer room, executive and administrative support offices, conference room, and covered and screened porches (the "Facility"). • Hospice House will be responsible for all costs associated with designing, constructing, and equipping the Facility. • The Property will be conveyed to Hospice House "as is", and subject to all existing easements and encumbrances of record. • Hospice House will obtain financing and secure an income stream, that, in the opinion of the City, is sufficient to build and maintain the Facility and sustain its hospice program. Hospice House will be responsible for all future operating, maintenance, and replacement costs associated with the Property and the Facility. • The Property shall be used only for non-profit purposes consistent with the mission of Hospice House. The Property may not be sold or otherwise conveyed to another entity unless approved by the City. • If settlement does not occur on or before July 1 , 2024, the City has the option of terminating the Development Agreement, in which case neither party will have any further rights, liabilities, or obligations to the other. • If Hospice House has not begun construction of the Facility by November 1 , 2024, the City will have the option of reclaiming the Property at no cost to the City. LOCATION MAP CONCE `.�AL S T= _A"O,— a LANDSCAPE PLAN Or SOUTH HAMFTON ROADS HOSF I GE HOUSE �.� UPTON DRIVE a NIMMO PAR.<,^A" ,.01 VPRGINIA BEACH, VA i' Y_ram ,j} �+r a t ^r11. '*111116:6, h ` � 1 1 [1.7" . r ' 1' . : . .T .,` � ;• • v' Yrfi�. 4Y ' , � i..,..•y"t' 4F ti ice~ • 1 Ft A %. 1 S , ,, . � \ �•-•••••- ligM�.�• ! N;i 1 . • >i r 4 ~' �R+Tye,' • L Me Data GP1N 44 1414 114.3 SA.Ant•;•.111.1) •4 R7 AC Vey Anna Sp,..1"..ri, Para.A' •1.13 AQ 40 0 40 30 Pan.T1• a 1'1 AC Eat•1•.a Zemin. R-7.3 P•Olt••••t 1..•1n1 10741 _ 1 3K?1.40 f T 1M•R3y nWld•,Sim N/A ►.ap».eR.L,SJr• •1l.nocu ia.., MSA P.C.. 4 4 s SRe Data �A'�C. 2/OPT/tb F,1.m..mdc,1„a•rtirw1a•ti..rn11 PuM Ins W q.4.1 ('nikIIreetures111 osn•larh�4.i:utue f,1$pat!//)•d1 17 Spaa!• 04S DRNMtl ISGO»RMl NO N.S 3m/A!P••B0 Mn0in�P T Or A yte wi e,• 1e...rim....ri INp3.wevav sOMCR+n A A •p ene t VA t Rowe Un.e.‘nrstrtu!katA•%%:ur i _ A Park*,ProNW M Sp 0*1*ac••• A/M',CON,DATA MR A.PION•SO Go•C!►•ORMeMP!ARV COMM.w T{7-1V(1.Q:M OK 1?slaw)0611 1Fa.1 *Anse NO Ne NNW.O.L.♦•0 ILUNRA•r•M OIVRC/•fM'010'T10+N .01 A MOM.,AIRY•SI.:41.0**TIT R11.1:9 fR7.AS nit 5011 DAYS NCO vow.'.TVMIAne corn Ater...WAN.OR LH.l T!MM.•fAW• 0•1 4sA wry.•.;•- Disclosure Statement N/13 (tit y of Viryirm Hctuf. 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 Hospice House of Hampton Roads Does the applicant have a representative? ■ Yes ❑ No • If yes,list the name of the representative. Mark Borst 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) See attached list • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) None '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another_corp oration." 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. Revisec 11.05.2020 1 Disclosure Statement City of Virginia 13ax11 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. Mike Kos,Southern Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided 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. Westminster-Canterbury on Chesapeake Bay 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? I Yes ❑ No • If yes,identify the firm and individual providing the service. Duff Kliewer with Cox,Kliewer&Associates S. Is there any other pending or proposed purchaser of the subject property? 0 Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Disclosure Statement \/13 City of Vi,yinio Bend 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. Chad Brochard,Whiting Turner 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. Scott Acey,MSA 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 0 No • If yes,identify the firm and individual providing the service. Hugh Patterson&Stephen Brewer 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 p blic body or committee in connection with this application. Applicant Si nature 'Cvl V15 &F.° i Print N me and Ti tle ( i zgi22- 1 ... Date Is the applicant also the owner of the subject property? 0 Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. - FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name Revised 11.09.2020 3 1 Disclosure Statement V-13 city of Vi,vink Barth Planning&Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 Wage Disclosure Statement (ity of Virginia Baal, 4 Planning & Community Development Owner Disclosure Owner Name Applicant Name Hospice House of Hampton Roads Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • 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? 0 Yes 0 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. 4"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 Disclosure Statement 143 City of Virginia Scruff • Planning & Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • if yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑ No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Disclosure Statement t'it a(if l iryinia Braid; 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 Print Name and Title Date Revised 11.09.2020 'Wage HHHR BOD ROSTER Executive Director- Lynn Clements - 757-651-4832 Director ail Committee/Position Phone Number Email Ms. Cindy Curtis Building, 757-373-7336 cindycurtisvtl@aol.com Exec, Treasurer Finance and Audit, Chair Dr. Marissa Galicia-Castillo Medical Advisor 757-839-1155 galiciacastillo.smc@gmail.com Dr. Paul Conkling Director 757-286-1463 paul.conkling@usoncology.com Mr. Patrick Gill Building,Co-Chair 757-672-9391 patrick.gill@colliers.com Fundraising, Nominating Dr. Terry Jenkins Fundraising 757-214-5561 ljenkins37@gmail.Com Mr. John Langlois Director 757-681-7202 john@televideoproductions.com Mrs. Paula Miller Fundraising 757-773-8787 paulamiller87@msn.com Mr. Jim Oliver Fundraising 757-235-1889 ndjimoliver@gmail.com Ms. Mary Parker Fundraising 757-407-3277 parkers4125@cox.net Mr. Hugh Patterson, Esq. Legal Counsel, 757-422-1345 hpatterson@wilsay.com Fundraising,Honorary Chair Mr. Chick Robison, III Building, Co-Chair 757-630-7444 cdrobison3@cox.net Fundraising, Nominating, Chair Dr.Amelia Ross-Hammond Director (757)270-4658 anrphd@aol.com Dr. Paul Schellhammer Exec, Chair 757-287-0860 pfschellhammer@gmail.com Fundraising Mr. Jim Spore Building, 757-961-8181 james.k.spore@gmail.com Finance &Audit, Fundraising Mr. Martin Thomas Exec, Vice Chair 757-622-3317 mthomas@decklaw.com Fundraising Finance and Audit Ms. Barbara Unkle Exec,Secretary 817-676-5049 barbara.unkle@gmail.com Building, Finance &Audit, Fundraising HHHR BOD ROSTER Mr.Alvin Wall Finance&Audit 757-285-7286 awall@wec-cpa.com Mr. Mark Warden Fundraising 757-623-3676 mark.warden@wstam.com I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code 18-5.2 re business license fees and taxes and provide revenue offsets: Option 1 ($200,000 Threshold Version) Option 2 ($300,000 Threshold Version) Option 3 ($500,000 Threshold Version) (Requested by Council Members Moss, Tower and Wooten) 2. Ordinance to AMEND City Code Section Chapter 23,Article II re noise(Requested by Council Members Moss and Tower) Deferred from October 18, 2022 3. Ordinance to ADD Article XVI to City Code Chapter 35 re establish disposable plastic bag tax Deferred from September 6, 2022 (Requested by Council Member Tower - COUNCIL MEMBER TOWER REQUESTS WITHDRAWAL) 4. Ordinance to ACCEPT the recommendations of the Citizens Committee on Boards and Commissions (Requested by Council Members Berlucchi and Henley) 5. Resolution to REQUEST the Virginia Beach Development Authority (VBDA) to continue forbearance on the loan to Vanguard Landing,LLC (Requested by Council Member Henley) 6. Ordinance to APPROPRIATE $100,000 of the Tourism Investment Program(TIP)fund to the FY 2022-23 Convention and Visitors Bureau Operating Budget and INCREASE the Annual Grant re Neptune Festival(Requested by Council Members Berlucchi and Branch) 7. Ordinance to DECLARE City-owned property at 3000 Barberry Lane to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Joseph P. and Amy L. Heilman 8. Ordinance to AUTHORIZE acquisition of property in fee simple and the acquisition of temporary and permanent easements, either by agreement or condemnation re Shore Drive Corridor Improvements - Phase III Project, CIP 100381 (formerly CIP 2-117) 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of-way known as Windsor Crescent re maintain existing stone patios,stone walls,PVC fence,brick steps, fire pit, wood fence and grassy area at the rear of 3 868 Jefferson Boulevard (District 9, Formerly District 4—Bayside) 10. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned Property known as West Canal re maintain an existing vinyl bulkhead, construct and maintain a vinyl bulkhead, wharf, and four (4) pile boat lift at the rear of 2304 Windward Shore Drive (District 8, Formerly District 5 —Lynnhaven) 11. Ordinance to APPROPRIATE $2-Million of the Tourism Investment Program(TIP) fund and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re Something in the Water,LLC 12. Ordinance to ACCEPT and APPROPRIATE $3,575,692 from the Virginia Department of Transportation (VDOT) for roadway work to CIP Projects 100425 "Traffic Signal Rehabilitation Project Phase II" and 100401 "Street Reconstruction Phase II" and FY2022-23 Public Work Operating Budget re purchase a bucket truck and street light parts 13. Ordinance to ACCEPT and APPROPRIATE $750,000 from the Commonwealth Opportunity Fund to Virginia Beach Development Authority (VBDA) re award for the Acoustical Sheetmetal Project 14. Ordinance to ACCEPT and APPROPRIATE $562,485 from the Virginia Department of Criminal Justice Services to the Virginia Beach City Public Schools as a grant subrecipient re 15 Security Officers and/or Security Assistants 15. Ordinance to ACCEPT and APPROPRIATE $440,000 from the Department of Behavioral Health and Development Services to the FY2022-23 Human Services Operating Budget re support substance use disorder programs 16. Ordinance to ACCEPT and APPROPRIATE $214,809.75 from the Virginia Department of Agriculture and Consumer Services to the FY2022-23 Agricultural Reserve Program (ARP) Special Revenue Fund Operating Budget re reimburse City for a portion of cost to acquire preservation easement 17. Ordinance to ACCEPT and APPROPRIATE $146,220 from the Department of Behavioral Health and Development Services to the FY2022-23 Human Services Operating Budget re Project LINK support services ;15 re4 .r._. .�..e t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 18-5.2 of the City Code Pertaining to Business License Fees and Taxes and to Provide Revenue Offsets MEETING DATE: December 6, 2022 • Background: As discussed in December 2021 and at the Workshop on November 22, 2022, the Commissioner of the Revenue has proposed providing business license tax relief by increasing the thresholds below which a business pays a flat fee for a business license. Currently, a business with $25,000 or less in gross receipts would pay $40, and a business with $25,001 to $100,000 would pay$50. There are three proposals for the City Council to consider: • Option 1 ("$200,000 Threshold Version") would provide businesses with $25,000 or less in gross receipts would pay $25, a business with $25,001 to $100,000 would pay $40, and a business with $100,001 to $200,000 would pay $50. This change will require identification of revenue offsets in the amount of$1,059,792. • Option 2 ("$300,000 Threshold Version") would provide businesses with $25,000 or less in gross receipts would pay $25, a business with $25,001 to $100,000 would pay $40, and a business with $100,001 to $300,000 would pay $50. This change will require identification of revenue offsets in the amount to $1,953,880. • Option 3 ("$500,000 Threshold Version") would provide businesses with $25,000 or less in gross receipts would pay $25, a business with $25,001 to $100,000 would pay $40, and a business with $100,001 to $500,000 would pay $50. This change will require identification of revenue offsets in the amount of$3,653,309. • Considerations: The anticipated revenue offset for the business license program will require a contribution from both the City and the Schools. As proposed, the Schools' portion will be subject to reservation while the City waits for the School Board to enact a resolution to identify the Schools' offset. The City offset is proposed to be from attrition savings. • Public Information: Normal Council agenda process. • Attachments: Ordinance (3 options presented) Requested by Councilmembers Moss, Tower and Wooten REQUESTED BY COUNCILMEMBERS MOSS, TOWER AND WOOTEN $200,000 Threshold Version 1 AN ORDINANCE TO AMEND SECTION 18- 2 5.2 OF THE CITY CODE PERTAINING TO 3 BUSINESS LICENSES FEES AND TAXES 4 AND TO PROVIDE REVENUE OFFSETS 5 6 SECTION AMENDED: § 18-5.2 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 1. That Section 18-5.2 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 18-5.2. License fees and taxes. 15 16 Effective January 1, 1997, every person required by section 18-5 of this chapter to have 17 a business license shall pay the following license fees and taxes, as applicable, unless 18 specifically provided otherwise: 19 20 (a) Businesses with gross receipts during the preceding calendar year of twenty-five 21 thousand dollars ($25,000.00) or less shall pay a fee of twenty-five forty dollars 22 ($25.00 40.00); 23 24 (b) Businesses with gross receipts during the preceding calendar year of between 25 twenty-five thousand and one dollars ($25,001.00) and one hundred thousand 26 dollars ($100,000.00) shall pay a fee of forty fifty dollars ($40.00 50.00); 27 28 (c) Businesses with gross receipts during the preceding calendar year of between 29 one hundred thousand and one dollars ($100,001.00) and two hundred thousand 30 dollars ($200,000.00) shall pay a fee of fifty dollars ($50.00); 31 32 (c) Businesses with gross receipts during the preceding calendar year of greater 33 than two one hundred thousand dollars ($200,000.00 100,000.00) shall pay a 34 license tax on gross receipts. Such license tax shall be calculated by applying the 35 specific percentage rate provided in this chapter for each different classification of 36 business to the amount of a business' gross receipts; and 37 38 (d) For purposes of this section, the term "gross receipts" shall include, but not be 39 limited to, the following: gross receipts, gross sales, gross commissions, gross 40 contracts or orders. 41 42 2. To provide offsets totaling $1,059,792 for this ordinance, $564,339 for the City 43 portion is hereby provided from attrition savings in the General Fund to the revenue 44 anticipated from business license taxes. The City Manager is hereby directed to put a 45 reservation of $495,453 in the fiscal year amounts provided to the Virginia Beach City 46 Public Schools to allow the School Board to enact a resolution providing the offset 47 required by the City Schools Revenue Sharing Policy. 48 49 3. This ordinance shall apply for business license years on or after January 1, 2023. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: ey's Office CA15502 R-2 (200k1 November 30, 2022 REQUESTED BY COUNCILMEMBERS MOSS, TOWER AND WOOTEN $300,000 Threshold Version 1 AN ORDINANCE TO AMEND SECTION 18- 2 5.2 OF THE CITY CODE PERTAINING TO 3 BUSINESS LICENSES FEES AND TAXES 4 AND TO PROVIDE REVENUE OFFSETS 5 6 SECTION AMENDED: § 18-5.2 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 1. That Section 18-5.2 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 18-5.2. License fees and taxes. 15 16 Effective January 1, 1997, every person required by section 18-5 of this chapter to have 17 a business license shall pay the following license fees and taxes, as applicable, unless 18 specifically provided otherwise: 19 20 (a) Businesses with gross receipts during the preceding calendar year of twenty-five 21 thousand dollars ($25,000.00) or less shall pay a fee of twenty-five forty dollars 22 ($25.00 /10.00); 23 24 (b) Businesses with gross receipts during the preceding calendar year of between 25 twenty-five thousand and one dollars ($25,001.00) and one hundred thousand 26 dollars ($100,000.00) shall pay a fee of forty fifty dollars ($40.00 50.00); 27 28 fc) Businesses with gross receipts during the preceding calendar year of between 29 one hundred thousand and one dollars ($100,001.00) and three hundred thousand 30 dollars ($300,000.00) shall pay a fee of fifty dollars ($50.00); 31 32 (c) Businesses with gross receipts during the preceding calendar year of greater 33 than three one hundred thousand dollars ($300,000.00 100,000.00) shall pay a 34 license tax on gross receipts. Such license tax shall be calculated by applying the 35 specific percentage rate provided in this chapter for each different classification of 36 business to the amount of a business' gross receipts; and 37 38 j(d) For purposes of this section, the term "gross receipts" shall include, but not be 39 limited to, the following: gross receipts, gross sales, gross commissions, gross 40 contracts or orders. 41 42 2. To provide offsets totaling $1,953,880 for this ordinance, $1,040,441 for the City 43 portion is hereby provided from attrition savings in the General Fund to the revenue 44 anticipated from business license taxes. The City Manager is hereby directed to put a 45 reservation of $913,439 in the fiscal year amounts provided to the Virginia Beach City 46 Public Schools to allow the School Board to enact a resolution providing the offset 47 required by the City Schools Revenue Sharing Policy. 48 49 3. This ordinance shall apply for business license years on or after January 1, 2023. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City-Attor ey's Office CA15502 R-2 (300k� November 30, 2022 REQUESTED BY COUNCILMEMBERS MOSS, TOWER AND WOOTEN $500,000 Threshold Version 1 AN ORDINANCE TO AMEND SECTION 18- 2 5.2 OF THE CITY CODE PERTAINING TO 3 BUSINESS LICENSES FEES AND TAXES 4 AND TO PROVIDE REVENUE OFFSETS 5 6 SECTION AMENDED: § 18-5.2 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 1. That Section 18-5.2 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 18-5.2. License fees and taxes. 15 16 Effective January 1, 1997, every person required by section 18-5 of this chapter to have 17 a business license shall pay the following license fees and taxes, as applicable, unless 18 specifically provided otherwise: 19 20 (a) Businesses with gross receipts during the preceding calendar year of twenty-five 21 thousand dollars ($25,000.00) or less shall pay a fee of twenty-five forty dollars 22 ($25.00 410.00); 23 24 (b) Businesses with gross receipts during the preceding calendar year of between 25 twenty-five thousand and one dollars ($25,001.00) and one hundred thousand 26 dollars ($100,000.00) shall pay a fee of forty fifty dollars ($40.00 50.00); 27 28 (c) Businesses with gross receipts during the preceding calendar year of between 29 one hundred thousand and one dollars ($100,001.00) and five hundred thousand 30 dollars ($500,000.00) shall pay a fee of fifty dollars ($50.00); 31 32 (e} Businesses with gross receipts during the preceding calendar year of greater 33 than five ene hundred thousand dollars ($500,000.00 100,000.00) shall pay a 34 license tax on gross receipts. Such license tax shall be calculated by applying the 35 specific percentage rate provided in this chapter for each different classification of 36 business to the amount of a business' gross receipts; and 37 38 (d) For purposes of this section, the term "gross receipts" shall include, but not be 39 limited to, the following: gross receipts, gross sales, gross commissions, gross 40 contracts or orders. 41 42 2. To provide offsets totaling $3,653,309 for this ordinance, $1,945,387 for the City 43 portion is hereby provided from attrition savings in the General Fund to the revenue 44 anticipated from business license taxes. The City Manager is hereby directed to put a 45 reservation of $1,707,922 in the fiscal year amounts provided to the Virginia Beach City 46 Public Schools to allow the School Board to enact a resolution providing the offset 47 required by the City Schools Revenue Sharing Policy. 48 49 3. This ordinance shall apply for business license years on or after January 1, 2023. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: Cityttorn y's O ice CA15502 R-2 (500k November 30, 2022 r^hu : 711 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Chapter 23, Article II of the City Code, Pertaining to Noise MEETING DATE: December 6, 2022 • Background: In 2009, the City Council adopted the current version of the noise ordinance after the Virginia Supreme Court declared the City's previous noise ordinance unconstitutionally vague. The current noise ordinance relies on sound pressure levels measured by noise meters. • Considerations: The proposed changes to the noise ordinance would streamline enforcement with reduced reliance on specialized sound meter equipment. The ordinance would establish a hybrid penalty structure, imposing civil penalties for some violations while preserving criminal penalties for repeat or severe violations. A key change in the ordinance is the addition of a "plainly audible" standard, where certain sounds that are plainly audible inside an individual's home or beyond a specified distance from its source would constitute violations. Sound is plainly audible if it can be heard by the human ear with or without a medically approved hearing aid or device. A violation of the plainly audible standard would result in a civil violation punishable by a fine of $250 for a first offense. Excessive noise as determined by decibel readings will continue to be violations under the proposed ordinance and may result in misdemeanor charges. The ordinance was updated to address concerns raised by the Council during its May 24, 2022, workshop, such as clarifying the procedure to serve process on a business, reconciling the evening enforcement time, and defining "noise" and "noise source." It also incorporates other clarifying changes proposed by staff, including the combining of largely duplicative provisions in Sections 23-66(a) and (b) and inserting language that makes clear that plainly audible sound that is contained on the private property where the noise source is located would not give rise to a civil violation. • Public Information: Proposed amendments to the noise ordinance were briefed during the City Council Workshop on May 24, 2022. The ordinance was posted on the City's website with information on the Public Comment Session and how the public could provide input. Public comment was received by the City Council on June 7, 2022, on which date the Council deferred the item so additional public input could be received at a workshop that was held on June 28, 2022, and copies of the comments received during that community meeting were provided to the City Council. On July 12, 2022, the City Council deferred this item to October 18, 2022, to allow for additional public engagement. Citizens and stakeholders provided additional comments and input via an online survey that opened on September 12 and closed on September 30, 2022. The ordinance was updated based upon comments received during the survey and posted on the City's website with a spreadsheet summarizing the survey comments and staff analysis of the suggestions. The City's website provided information on two additional Public Comment Sessions and how the public could provide input until November 13, 2022. To allow for additional public engagement, the City Council deferred this item from October 18 to December 6, 2022. On November 16, 2022, the sponsoring councilmembers held two community meetings where the survey suggestions were discussed, and members of the public provided additional feedback. Changes to the latest draft of the ordinance after public comment include an exception for generators during electricity outages, starting evening enforcement at 10:00 p.m., except at the Oceanfront and at Town Center, and minor technical changes for clarity. REQUESTED BY COUNCILMEMBERS MOSS AND TOWER REQUESTED BY COUNCILMEMBERS MOSS AND TOWER 1 AN ORDINANCE TO AMEND CHAPTER 23, ARTICLE II OF 2 THE CITY CODE, PERTAINING TO NOISE 3 4 SECTIONS AMENDED: §§ 23-63, -64, -65, -66, -67, -68, -69, -70, 5 AND -71 6 7 SECTIONS REPEALED: §§ 23-72 AND -73 8 9 WHEREAS, certain noise is a hazard to public health, welfare, peace and safety 10 and the quality of life of the citizens of Virginia Beach; and 11 12 WHEREAS, the residents of and visitors to the City of Virginia Beach are entitled 13 to and should be ensured of an environment free from noise that jeopardizes public 14 health, welfare, peace and safety or degrades the quality of life; and 15 16 WHEREAS, it is the policy of the City of Virginia Beach to protect the health, 17 welfare, peace and safety of its residents and visitors and to promote an environment free 18 from sound and noise disruptive of peace and good order; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That Sections 23-63, -64, -65, -66, -67, -68, -69, -70, and -71 of the Code of the 24 City of Virginia Beach, Virginia, are hereby amended and ordained to read as follows: 25 26 27 Chapter 23. OFFENSES 28 29 30 ARTICLE I. MISCELLANEOUS OFFENSES 31 32 . . . . 33 34 ARTICLE II. NOISE 35 36 37 Sec. 23-63. Declaration of findings and policy. 38 39 The city City council hereby finds and declares that certain excessively loud noise 40 excessive sound is a serious hazard to the public health, welfare, peace and safety and 41 the quality of life of the residents of, and the visitors to, Virginia Beach; 42 43 abated; that the people have a right to and should be ensured of an environment free 44 from noiseexcessivesour d that jeopardizes the public health, welfare, 1 45 peace and safety or degrades the quality of life; and that it is the public policy of the city 46 council to prevent such noise excessive-sound to the extent such action is not inconsistent 47 with state or federal law or Constitutional a citizen's First Amendment rights. 48 49 Sec. 23-64. Definitions. 50 51 The following words, terms and phrases, when used in this article, shall have the 52 meanings ascribed to them in this section, except where the context clearly indicates a 53 different meaning: 54 55 A-weighted sound level means the sound pressure level in decibels as measured 56 on a sound level meter using the A-weighting network. The level so read is designated 57 dB(A) or dBA. 58 59 , 60 61 62 63 the place where a specific sound generation is measured or evaluated, excluding the 64 specific sound generation itself. 65 66 Central Business Core District means the area designated by that name on the 67 Official Zoning Map. 68 69 Decibel(dB) means a unit for measuring the volume of a sound, equal to twenty(20) 70 times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured 71 to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons 72 per square meter). 73 74 Dwelling unit means one (1) or more rooms arranged, designed, or intended to be 75 occupied as living quarters, on a permanent or temporary basis, having rigid exterior wall 76 structures. 77 78 Emergency means any occurrence or set of circumstances involving actual or 79 80 81 Emergency and public safety work means any work performed for the purpose of 82 preventing or alleviating the physical injury, or illness, or property damage threatened or 83 caused by an emergency, or work performed by public and private service companies 84 constructing, inspecting, and repairing utilities, repairing and maintaining roads, bridges, 85 and highways, providing snow removal, and the operation of public safety and emergency 86 vehicles. 87 88 Enclosed dwelling unit means the dwelling unit has its doors and windows closed. 89 90 Enclosed vehicle means a vehicle with all operable doors, windows, sunroof, and 91 other openings closed. 92 93 Gross vehicle weight rating (GVWR) means the value specified by the manufacturer 94 95 , 96 97 of the combination vehicle, shall be used. 98 99 Instrument, machine or device means and refers to any muss ' , 100 , 101 , 102 103 Medical care facility is defined as set forth in Section 32.1-102.1 of the Code of 104 Virginia, 1950, as amended. 105 106 107 regulations apply pursuant to section 18 of the Federal Noise Control Act of 1972 (P.L. 108 , 109 110 Motorcycle means any motor vehicle designed to travel on not more than three (3) 111 112 , 113 cepting farm tractors. 114 115 Motor vehicle means every vehicle defined as a motor vehicle by .5 46.2-100 of Code 116 of Virginia (1950), as amended_ny self propelled d e ;,Ge fined for self 117 , 118 , 119 upon stationary wheels or tracks. 120 Noise means the intensity, frequency, duration, or character of sounds from one or 121 more sources 122 . 123 Noise source means any equipment, facility, motor vehicle, conduct, activity or 124 , 125 continuous, intermittent or sporadic, and whether stationary or ambulatory in nature, 126 , 127 128 129 Zoning Map. 130 131 Person means any individual, corporation, cooperative, partnership, firm, 132 association, trust, estate, public or private institution, group, agency, political subdivision 133 of this state or any legal successor, representative, agent or agency of the foregoing. 134 135 Plainly audible means any sound or noise that can be heard by the human ear with 136 or without a medically approved hearing aid or device. Specific words or phrases need 3 137 not be discernible. The detection of bass reverberations is sufficient to constitute a plainly 138 audible sound. The sound must not be so faint that its source cannot be identified. 139 140 Private property of another means any privately owned property other than the 141 property where the noise source is located. 142 143 Public area means any real property owned by the government, including, but not 144 limited to, public rights of way, sidewalks, parks, and buildings. 145 146 , 147 apar4mcnt-s, condominiums, hotels, and motels. 148 g or structure where in the normal course of business 149 food or drink is available for eating on the premises, in consideration for payment. For 150 , 151 taverns, coffee shops and cafes. 152 School means a public school subject to Title 22.1 of the Code of Virginia, 1950, as 153 amended, a private school serving children in one (1) or more grades between 154 kindergarten and grade twelve (12), a school for students with disabilities as that term is 155 defined in Section 22.1-319 of the Code of Virginia, 1950, as amended, a child day care 156 center as that term is defined in Section 63.2-100 of the Code of Virginia, 1950, as 157 amended, and any public or private institution of higher learning, as those terms are 158 defined in Section 23.1-100 of the Code of Virginia, 1950, as amended. 159 160 Sound means an oscillation in pressure, particle displacement, particle velocity or 161 other physical parameter, in a medium with internal forces that causes compression and 162 rarefaction of that medium. The description of sound may include any characteristic of 163 such sound, including duration, intensity and frequency. 164 Sound amplifying equipment means any machine or device for the amplification of 165 the human voice, music or any other sound. This term shall not include warning devices 166 on authorized emergency vehicles, or horns or other warning devices on other vehicles 167 used only for traffic safety purposes. 168 169 Sound generation means any conduct, activity or operation, whether human, 170 mechanical, electronic or other, and whether continuous, intermittent or sporadic, and 171 , 172 173 Sound level means the weighted sound pressure level obtained by the use of a 174 sound level meter and the A-frequency weighting network, as specified in American 175 National Standards Institute specifications for sound level meters. 176 177 Sound level meter means an instrument which includes a microphone, amplifier, 178 RMS detector, integrator or time averager, output meter and weighting networks used to 179 measure sound pressure levels. 180 4 181 Sec. 23-65. Administration and enforcement. 182 183 (a) The department of police shall be charged with administering and enforcing the 184 provisions of this article and may be assisted by other city departments as directed 185 by the city manager. Enforcement of civil violations under Section 23-66 may be 186 undertaken by a private party pursuant to a contract with the City provided that the 187 contract shall not base the compensation payable to the contractor on the number 188 of citations issued or fines received. 189 190assisted-lay-other city departments as required. 191 192 (b) Any person operating, permitting, or controlling a source of noise shall be guilty of, 193 or liable for, any violation caused by that source. If the person operating, permitting, 194 or controlling the noise source cannot be identified, or the noise source is a business 195 entity or premises, any owner, tenant, resident, or manager physically present on 196 the property where the noise source is located may be charged with a violation of 197 23-66 or § 23-67 if the circumstances establish their dominion and control over the 198 noise source. In instances where businesses offer live entertainment that is the 199 source of noise in violation of this chapter, any owner(s) or manager of such 200 business who is on site at the time of the violation shall be rebuttably presumed to 201 be the person operating, permitting, or controlling the noise source in cases where 202 the violation is brought pursuant to the provisions of§ 23-66. Nothing in this section 203 ' 204 a probable cause determination ' 205 206 (c) Whenever an authorized enforcement officer has reason to believe that a violation 207 of any provision of this article has occurred, the enforcing officer may issue a notice 208 of violation to the person operating, permitting, or controlling the source of the noise. 209 In addition, in cases where the enforcing officer has reason to believe that the 210 offending noise may re-occur, such officer may also issue to the owner or manager 211 of the business or premises a written order requiring the owner or manager to take 212 such corrective measures as are necessary to remedy the offending noise and to 213 prevent such re-occurrence. The written order to cease and abate may be directed 214 to any owner, manager, officer, director, or registered agent of such business or 215 premises. The notice and order shall be in writing and shall be hand-delivered to the 216 person to whom directed, or if not found, by mailing a copy thereof by certified mail 217 to his or her usual place of abode and conspicuously posting a copy at the premises 218 affected by notice and order, if any. Any owner or manager to whom a written order 219 to cease and abate any violation of this Chapter is issued and who fails thereafter to 220 timely remedy the violation or prevent re-occurrence of additional violations may be 221 charged in accordance with the provisions of§ 23-69(c)(2). 222 223 (d) Nothing in this article shall prevent an authorized enforcement officer from making 224 efforts to obtain voluntary compliance through warning, conference or any other 225 appropriate means. 226 5 227 Sec. 23-66. Specific Prohibitions (Civil Violationsl. 228 229 Subject to the exceptions provided in Section 23-70, any of the following acts, or the 230 causing or permitting thereof, is declared to be a civil violation of this Article without any 231 requirement of scientific measurement of sound levels by a sound level meter or any 232 similar device. This enumeration shall not be construed to limit, in any way, the general 233 prohibitions contained in Section 23-67: 234 (a) Radios, television sets, musical instruments, loudspeakers, amplifiers and similar 235 devices. Using, operating, playing or permitting the operation or playing of any radio, 236 audio system in a motor vehicle, television, record, tape or compact disc player, 237 drum, musical instrument, loudspeaker, communication system, amplifier, or any 238 device capable of producing, reproducing or amplifying sound, or similar device in 239 such a manner or with such volume or duration that it is plainly audible (i) inside the 240 confines of another person's enclosed dwelling unit; or (ii) on private property of 241 another or on any public property at a distance of 100 or more feet in any direction 242 from the noise source between the hours of 7:00 a.m. and 10:00 p.m. ("the Daytime 243 Hours); or (iii) on private property of another or on any public property at a distance 244 of 50 or more feet in any direction from the noise source between the hours of 10:00 245 p.m. and 7:00 a.m. ("the Night-time Hours"). Notwithstanding the foregoing, in the 246 Oceanfront Resort District and the Central Business Core District, the Daytime 247 Hours for purposes of this section shall be between 7:00 a.m. and 11:00 p.m., and 248 the Night-time Hours shall be 11:00 p.m. to 7:00 a.m. Any person who violates any 249 250 251 after a previous conviction under this article shall be guilty of a Class 2 252 misdemeanor. 253 (b) Vehicle horns, signaling devices and similar devices. Sounding or permitting the 254 sounding of any horn, whistle, signaling device, or similar device on any automobile, 255 motorcycle or other vehicle on any right-of-way or in any public space continuously 256 or intermittently for more than ten (10) consecutive seconds, except when the 257 sounding of any such device is intended as a danger warning. 258 259 that cannot be determined, any ow , 260 pent on the property whore the violation is occurring is rebuttably presumed to 261 262 (c) Non-emergency signaling devices. Sounding or permitting the sounding of any 263 amplified signal continuously or intermittently from any bell, chime, siren, whistle or 264 similar device intended primarily for non-emergency purposes from any one location 265 for more than ten (10) consecutive seconds in any hourly period; provided, however, 266 that this subsection shall not apply to the sounding of such devices by religious uses 267 or by public bodies or agencies for testing, traffic control or other public purposes. I-F1 268 , 269 270 271 6 272 (d) Emergency signaling devices, security, burglar and fire alarms, etc. Sounding or 273 permitting the continuous or intermittent sounding outdoors of any emergency 274 signaling device, or any security, burglar or fire alarm, siren, whistle, or similar 275 device, including without limitation any motor vehicle security alarm, siren, whistle, 276 or similar device, for a period in excess of ten (10) minutes in any residential area 277 and fifteen (15) minutes in any other area, except in response to a burglary, 278 attempted burglary, fire, or other emergency after giving notice and a reasonable 279 opportunity for the owner or person in possession of the premises served by any 280 such alarm to turn off the alarm. 281 (e) Explosive, fireworks and similar devices. Using or firing any explosives, fireworks or 282 similar devices which create impulsive sound in such a manner as to be plainly 283 audible (i) inside the confines of another person's enclosed dwelling unit; or (ii) on 284 private property of another or on any public property at fifty (50) or more feet from 285 the noise source. An exception to this subsection may be granted by the City 286 Manager through a fireworks permit. 287 (f) Yelling, shouting, etc. Yelling, shouting, whistling or singing between the hours of 288 10:00 p.m. and 7:00 a.m. in such a manner as to permit sound to be plainly audible 289 (i) inside the confines of another person's enclosed dwelling unit; or (ii) on private 290 property of another or on any public property at fifty (50) or more feet from the noise 291 source. 292 (g) Social gatherings and parties. Allowing any noise between 10:00 p.m. and 7:00 a.m. 293 generated from a gathering of two (2) or more people that is plainly audible (i) inside 294 the confines of another person's enclosed dwelling unit; or (ii) on private property of 295 another or on any public property, at fifty (50) or more feet from the gathering. 296 (h) Schools, public buildings, places of worship, and hospitals. The creation of any noise 297 on the grounds of or on any street adjacent to any school, court, public building, 298 place of worship, hospital, nursing home, or assisted-living facility while the same is 299 in use in a manner that is plainly audible within such building while it is use and 300 interferes with the operation of the institution. 301 (i) Vehicles. Operation of a motor vehicle or operation of a motorcycle within the city 302 with a gutted muffler, muffler cutout, straight exhaust, or without an exhaust system 303 in good working order, as provided by Code of Virginia, §§ 46.2-1047 and 46.2-1049. 304 (j) Construction equipment, pneumatic hammer, chain saw, etc. The operation of any 305 bulldozer, crane, backhoe, front loader, pile driver, jackhammer, pneumatic drill, 306 pneumatic hammer, chain saw, steam shovel, derrick, steam or electric hoist, or 307 other appliance or other construction equipment between the hours of 10:00 p.m. 308 and 7:00 a.m. except as provided in section 23-70 below, or as specifically deemed 309 necessary and authorized by a written document issued by the city manager or his 310 designee. 311 (k) Animals. Allowing any animal or bird to create sound or noise that is plainly audible 312 at least once a minute for twenty (20) consecutive minutes (i) inside the confines of 313 another person's enclosed dwelling unit; or (ii) on private property of another or on 314 any public property at a distance of fifty (50) feet or more from the animal or bird. 315 This subsection shall not apply to any bona fide agricultural activity. 316 (I) Commercial vehicle and trash collection vehicle operation. The operation of a trash, 317 refuse, waste, or recycling collection vehicle, or other commercial vehicle between 318 the hours of 10:00 p.m. and 7:00 a.m., in such a manner as to be plainly audible 319 inside the confines of another person's enclosed dwelling unit. 320 (m) Lawn care activities. Creating any sound or noise plainly audible inside the confines 321 of another person's enclosed dwelling unit between 10:00 p.m. and 7:00 a.m. in 322 connection with lawn care, leaf removal, gardening, tree maintenance or removal or 323 other landscaping, lawn or timbering activities. 324 325 Sec. 23-67. Noise violations measured by sound level meter; maximum permitted 326 levels (Criminal Violations) ExGepti-ons. 327 328 No provisions of this article sh 329 ; 330 performance of emergency work; (3) activities sponsored by the city; (4) activities 331 332 the regulation of noise has been preempted by federal law. In addition to the specific 333 prohibitions of Sections 23-66 above, certain other sounds or noises shall be regulated 334 on a decibel basis as measured by a sound level meter. Subject to the exceptions 335 provided in Section 23-70, any of the following acts, or the causing or permitting thereof, 336 is declared to be a criminal violation of this Article: 337 (a) Operating, permitting, or causing any source of sound or noise to create a sound 338 level inside the confines of another person's enclosed dwelling unit between the 339 hours of 10:00 p.m. and 7:00 a.m. ("Night-time Hours") in excess of fifty-five (55) 340 dBA, or between the hours of 7:00 a.m. and 10:00 p.m. ("Daytime Hours) in excess 341 of sixty-five (65) dBA, when measured inside the enclosed dwelling unit at least four 342 (4) feet from the wall nearest the source, with doors and windows to the receiving 343 area closed. 344 (b) Operating, permitting, or causing any source of sound or noise to create a sound 345 level that when measured in any public area, including but not limited to any public 346 street or sidewalk, or from other private property, between the hours of 10:00 p.m. 347 and 7:00 a.m. ("Night-time Hours") exceeds sixty-five (65) dBA, or between the 348 hours of 7:00 a.m. and 10:00 pm ("Daytime Hours") exceeds seventy-five (75) dBA. 349 (c) Notwithstanding the foregoing, in the Oceanfront Resort District and the Central 350 Business Core District, the Daytime Hours for purposes of this section shall be 351 between 7:00 a.m. and 11:00 p.m., and the Night-time Hours shall be 11:00 p.m. to 352 7:00 a.m. 353 354 Sec. 23-68. Sound level meter measurement procedures (Criminal Violations)_se 355 of sound level mefers. 356 8 357 (a) The decibel level of any sound or noise regulated on a decibel basis by this article 358 shall be measured by a sound level meter. Such measurements shall be accepted 359 as prima facie evidence of the level of sound or noise at issue in any court or legal 360 proceeding to enforce the provisions of this article. The accuracy of the sound level 361 meter may be tested by a calibrator. Any sworn report of the results of any test of 362 the calibrator for the accuracy of a sound level meter shall be admissible in court in 363 any criminal or civil proceeding, as evidence of the facts therein stated. The test 364 results shall be 365 Virginia '�_'�7n 7 +n implement and a ar+icle effectively +h 366 chief of police shall p 367 sn l l m +ter u e e enfoo.rrcement of this cle. 368 369 (b) An individual operating a sound level meter pursuant to the provisions of this article 370 shall issue a certificate to indicate: 371 (1) That the sound level meter used to take the decibel level reading was 372 operated in accordance with the manufacturer's specifications; 373 (2) That the city has on file a sworn report which states that the sound level meter 374 has been tested within the past twelve (12) months and has been found to be 375 accurate; 376 (3) The name of the accused; 377 (4) The location of the sound or noise; 378 (5) The date and time that the reading was made; and 379 (6) The decibel level reading. 380 381 (c) Such certificate, when attested by the operator taking the decibel level reading, shall 382 be admissible in court in any proceeding as evidence of the facts therein stated and 383 of the decibel level reading. A copy of the certificate shall be delivered to the accused 384 upon request. 385 386 Sec. 23-69. Violations and Penalties 387 dwellings. 388 389 (a) Civil Violations. Any person who commits, permits, or assists in any violation of 390 Section 23-66 of this article, whether by act or omission, shall be liable for a civil 391 violation as follows: 392 393 (1) The first violation by such person shall be punished by a civil penalty in the 394 amount of $250. 395 9 396 (2) The second violation, and any subsequent violation, committed by such 397 person within one year of any previous violation shall be punished by a civil 398 penalty in the amount of $500. 399 400 (b) Procedures for Civil Violations. 401 402 (1) If an authorized enforcement officer determines that a civil violation of this 403 article has occurred, the officer may cause a notice of the violation to be hand- 404 delivered to any or all persons committing, permitting, or assisting in such 405 violation, or if not found, by mailing a copy thereof by certified mail to his or 406 her usual place of abode and conspicuously posting a copy at the premises 407 which is the source of the noise, if any, in accordance with § 23-65. 408 409 (2) The notice shall provide that the person charged with a violation may elect to 410 make an appearance in person, or in writing by mail, to the treasurer of the 411 city, and admit liability for or plead no contest to the violation, abate the 412 violation, and pay the civil penalty established for the violation, all within the 413 time period fixed in the notice. 414 415 (3) If a person charged with a civil violation does not elect to admit liability or 416 plead no contest, and abate the violation, the violation shall be tried in the 417 Virginia Beach General District Court upon a warrant in debt or motion for 418 judgment, with the same right of appeal as provided for civil actions at law. 419 420 (i) In the event the violation exceeds the jurisdictional limits of the General 421 District Court, the violation shall be tried in the Virginia Beach Circuit 422 Court. 423 424 (4) A finding or admission of liability or a plea of no contest to a civil violation 425 shall not be deemed evidence of a criminal violation for any purpose. 426 427 (5) A notice of civil violation as provided in this section may be issued or had, 428 notwithstanding that no prior notice of violation and ordering of corrective 429 measures as provided in Section 23-65 has been given. 430 431 (c) Criminal Violations. 432 433 (1) Any person who commits, permits, or assists in any violation of Section 23- 434 67 of this article, whether by act or omission, shall be guilty of a misdemeanor 435 as follows: 436 (i) The first violation by such person shall constitute a class 2 437 misdemeanor. 438 (ii) The second violation, and any subsequent violation, committed by such 439 person within one year of any previous violation shall constitute a class 440 1 misdemeanor. 441 10 442 (2) Any person who knowingly refuses or neglects to comply with any injunction 443 order issued by a Court of competent jurisdiction or any written order to cease 444 or abate any violation of this article, issued by an authorized enforcement 445 officer pursuant to Section 23-65(c), shall be guilty of a misdemeanor as 446 follows: 447 (i) The first violation by such person shall constitute a class 2 448 misdemeanor. 449 (ii) The second violation, and any subsequent violation, committed by such 450 person within one year of any previous violation shall constitute a class 451 1 misdemeanor. 452 453 (d) Injunction. In addition to and not in lieu of the penalties prescribed in this section, 454 the city may apply to the Virginia Beach Circuit Court for an injunction against the 455 continuing, repeated, or intermittent violation of any of the provisions of this article 456 and may seek any other remedy or relief authorized by law. 457 458 (e) Each hour of a continued, repeated, or intermittent violation shall constitute a 459 separate offense, whether civil or criminal, under this article. 460 461 , 462 ' 463 464 the residence at least four (4) feet from the wall nearest the source, with doors and 465 466 467 ' 468 a.m. and 10:00 p.m. in excess of 65 dBA when measured inside the residence at 469 , 470 receiving area closed. 471 472 , 473 measurements to determine sound levels from indoor common areas or other 474 dwelling units within the structure , when requested to do so by a-rosidential occupant 475 476 , 477 478 (d) Exemptions. The following activities or sources of noise shall be exempt from the 479 daytime prohibition set forth in subsection (b) of this section: 480 (1) Band performances or practices, athletic-contc,ts or pry 481 sponsored activities on the grounds of public or private schools, colleges, or 482 universities. 483 11 484 (3) Activities related to the construction, repair, maintenance, remodeling or 485 demolition, grading or other improvement of real property. 486 , 487 activities. 488 (5) Agricultural activities. 489 , 490 491 by the First Amendment to the United States Constitution. 492 (8) Public transportation, refuse colt 493 494 Sec. 23-70. Exceptions ; 495 . 496 497 The prohibitions found in Sections 23-66 and 23-67 shall not apply to: 498 (a) Noise created for purposes of alerting persons to the existence of an emergency, 499 provided such noise ceases once any such threat is no longer imminent. 500 (b) Noise created in the performance of emergency and public safety work or law 501 enforcement activities, including radios, sirens, horns, and bells on police, fire, or 502 other emergency response vehicles. 503 (c) Noise created by and as a result of events or activities sponsored by the City. 504 (d) Activities permitted by law for which a specific license or permit has been granted 505 by the city, state or federal government; including, but not limited to, noise generated 506 by and necessary for the conduct of public festivals, parades, special events, and 507 celebrations of recognized federal, state and local holidays. 508 (e) Noise or sound produced by a horn or warning device of a vehicle when used as a 509 warning device, including back-up alarms for trucks and other equipment. 510 Lfi Clocks, bells, and carillons between the hours of 7:00 a.m. and 10:00 p.m., provided 511 that any such sounds do not occur for more than five (5) consecutive or non- 512 consecutive minutes in any one (1) hour. 513 (g) Locomotives and other railroad equipment, and aircraft. 514 (h) Military activities of the Commonwealth of Virginia or of the United States of America. 515 in Activities for which the regulation of noise has been preempted by federal law. 516 f Agricultural activities conducted between the hours of 7:00 a.m. and 10:00 p.m. in 517 an area zoned Agricultural and engaged in bonafide agricultural activity. 518 (k) Band performances or practices, athletic contests or practices and other school- 519 sponsored activities on the grounds of public or private schools, colleges, or 520 universities. 12 521 Normal and customary use of outdoor recreational facilities owned or leased by the 522 city. 523 (m) Normal and customary use of open-air venues for which a conditional use permit or 524 a special exception pursuant to the Alternative Compliance Provisions has been 525 issued pursuant to the City Zoning Ordinance. 526 (n) Noise created by the use of a generator used to provide electricity to homes and 527 commercial buildings during periods when the electric utility is unable to supply 528 electricity to the area in which the home or commercial building is located or during 529 the testing of such generator, provided the testing does not exceed 15 minutes in 530 duration and occurs no more frequently than once per week and between the hours 531 of 7:00 a.m. and 10:00 p.m. 532 533 (a) No person shall oper 534 535 emitted by the operation of the motor vehicle or motorcycle, when measured at a 536 537 the level set forth in the following table: Sound level in dBA Vehicle Class Speed limit 35 MPH or less Speed limit over 35 MPH All motor vehicles of GVWR 86 00 or GCWR of 6,000 lbs. or more Any motorsyc4e 82 86 Any other motor vehicle or 7-6 82 any combination of vehicles towed by any 538 539 (b) This section shall not apply to any motor carrier vehicle engaged in interstate 540 commerce. 541 542 , 543 any person to play or operate, or permit the playing, use or operation of, any radio, 544 tape player, compact disc player, loud speaker or other electronic device used for 545 , 546 , 547 , 548 549 550 551 authorized parade, nor to motor vehicle alarms or other security devices, nor to the 552 553 or the emission of sound in the performance of emergency work. 554 555 Sec. 23-71. SeverabilitY . 13 556 557 A determination of invalidity or unconstitutionality by a court of competent jurisdiction 558 of any clause, sentence, paragraph, section or part of this article shall not affect the 559 validity of the remaining parts thereto. 560 561 562 , 563 (a) Vehicle horns, signaling devices , 564 signaling device, or similar device on any automobile, motorcycle or other 565 566 for more than ten (10) cony- , 567 568 569 570 571 location for more than ten (10) consecutive seconds in any hourly period; 572 provided, however, that this subsection shall not apple-the 573 devices by religious uses or by public bodies or agencies for testing, traffic 574 control or other public purposes. 575 , 576 577 , 578 device, including without limitation any motor vehicle security alarm, siren, 579 , 580 581 , 582 , 583 584 boombox, stereo, phonograph, radio, tape player, compact disc player, MP3 585 , 586 produces, reproduces or amplifies sound except for those located in motor 587 vehicles, where the sound, when measured in 588 589 590 . 591 however that the provisions of-#hi-.ub-cction ..hall-teet a-p-pl.y to any outdoor 592 performance, parade, gathering, dance, concert, show, sporting event, or other 593 594 595 within two hundred (200) feet " , 596 , 597 14 598 • , 599 loader, pile driver, jackhammer, pneumatic drill, or other construction equipment 600 601 67 above, or as specifically deemed necessary and authorized by a written 602 document issued by the city manager or his designee. 603 Ses,23-7-2- s; 604 605 No person shall permit, operate or cause any source of sound to create a sound level 606 607 of eighty (80) dB(A), or between 608 609 or sidewalks, or other private property. 610 611 612 613 614 of any clause, sentence, paragraph, section-of-part of this article shall not affect the 615 validity of the remaining parts thereto. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA15515 R-9 November 28, 2022 15 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Article XVI to Chapter 35 of the City Code to Establish a Disposable Plastic Bag Tax MEETING DATE: December 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. • 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. The previous draft of this item had the tax effective January 1, 2023. State law requires three-month notice to the Tax Commissioner prior to the implementation of the tax, so this ordinance includes an effective date of April 1, 2023. This item was deferred by the City Council during its July 5 and September 6, 2022 meetings. • 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 Initially requested by Councilmember Tower. Councilmember Tower has further advised that he believes this item requires further public education and discussion and should be withdrawn. Because the City Council, as a body deferred it to December 6, 2022, it will be placed on the Agenda. 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 April 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 is 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. APPROVED AS TO LEGAL SUFFICIENCY: ity ttorney's Office CA5782 R-2 November 21, 2022 ��� �tiy sL. r. roof ? ��'; �Sf 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Accepting the Recommendations of the Citizens Committee on Boards and Commissions MEETING DATE: December 6, 2022 • Background: On November 19, 2019, the City Council reestablished the Citizens Committee on Boards and Commissions ("Citizens Committee") to identify potential improvements to the appointment process for the City's boards and commissions and best practices for board operations. The Citizens Committee surveyed the chairs and staff liaisons of the City's boards and commissions; re-examined the 2003 recommendations of the previously appointed Citizens Committee; reviewed policies and procedures used by other localities in Hampton Roads and throughout the nation; received and incorporated advice and input from members of the City Council, the City Clerk's Office, the City Attorney's Office, the Office of Performance and Accountability (previously known as the STIR Office), and the Office of Volunteer Resources; developed model forms and templates for use by applicants and staff; and drafted a report with more than 200 recommendations and best practices. The Citizens Committee presented its 47-page Final Report to City Council of the Citizens Committee on Boards and Commissions ("Final Report") to the City Council in writing in June and during a televised Council Workshop in July. • Considerations: The ordinance provides that the City Council accepts the Final Report, which will replace the 2003 recommendations of the prior Citizens Committee. Implementation of the more than 200 recommendations will take time. The ordinance tasks the City Clerk, with the assistance of the City Manager, the City Attorney, and their employees, with implementing the recommendations from the Final Report. Instead of the City Council establishing an implementation board as contemplated by the Final Report, the ordinance directs the City Clerk to provide semi-annual status update reports to the City Council regarding steps taken to implement the recommendations. • Public Information: The Chair of the Citizens Committee provided a public briefing regarding the recommendations during the City Council's informal session on July 12, 2022. Additional public information will be provided through the normal Council agenda process. • Attachments: Ordinance and Final Report Requested by Councilmembers Berlucchi and Henley REQUESTED BY COUNCILMEMBERS BERLUCCHI AND HENLEY 1 AN ORDINANCE ACCEPTING THE 2 RECOMMENDATIONS OF THE CITIZENS 3 COMMITTEE ON BOARDS AND 4 COMMISSIONS 5 6 WHEREAS, the City Council values the vital role of its boards and commissions in 7 making certain that the voices of the City's citizens are heard, because citizen input and 8 participation with local government are critical to our quality of life; 9 10 WHEREAS, on November 19, 2019, the City Council reestablished the Citizens 11 Committee on Boards and Commissions ("Citizens Committee") to identify potential 12 improvements to the appointment process for the City's boards and commissions and 13 best practices for board operations; 14 15 WHEREAS, following a delay necessitated by the COVID-19 Pandemic, the 16 dedicated appointees who served on the Citizens Committee met 29 times and logged 17 more than 500 volunteer hours from November 2020 to May 2022, while they carefully 18 analyzed all aspects of the City's boards and commissions; 19 20 WHEREAS, the Citizens Committee surveyed the chairs and staff liaisons of the 21 City's boards and commissions; re-examined the 2003 recommendations of the 22 previously appointed Citizens Committee; reviewed policies and procedures used by 23 other localities in Hampton Roads and throughout the nation; received and incorporated 24 advice and input from members of the City Council, the City Clerk's Office, the City 25 Attorney's Office, the Office of Performance and Accountability (previously known as the 26 STiR Office), and the Office of Volunteer Resources; developed model forms and 27 templates for use by applicants and staff; and drafted a report with more than 200 28 recommendations and best practices; and 29 30 WHEREAS, in June 2022, the Citizens Committee presented its 47-page Final 31 Report to City Council of the Citizens Committee on Boards and Commissions ("Final 32 Report") to the City Council in writing, and the Chair provided a public briefing on the 33 recommendations during the Council Workshop on July 12, 2002; 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA, THAT: 37 38 1. The City Council hereby accepts the Final Report, which replaces the 2003 39 recommendations of the prior Citizens Committee. 40 41 2. The City Council expresses its deepest gratitude to the members of the 42 Citizens Committee for their comprehensive report and their volunteer service to our City. 43 44 3. The City Clerk, with the assistance of the City Manager, the City Attorney, 45 and their employees, shall take the steps necessary to implement the recommendations 46 from the Final Report, but instead of the City Council establishing an implementation 47 board as contemplated in the Implementation section of the Final Report, the City Clerk 48 is directed to provide semi-annual status update reports to the City Council regarding 49 implementation of the recommendations. 50 51 Adopted by the City Council of the City of Virginia Beach, Virginia on the 52 day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ity Clerk's Office City Attorney's Office CA 15994 R-2 November 29, 2022 2 C , - � Ciltaktaa, 444.5i1 City of Virginia Beach Final o CityCouncil CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS June 3 , 2022 Final Report- June 3, 2022 EXECUTIVE SUMMARY Dear Mayor Dyer, Vice Mayor Wilson, and Members of City Council, In 2003 City Council appointed the first Citizens Committee on Boards and Commissions. That Committee made recommendations regarding all aspects of the City's Boards and Commissions, which Council adopted. In the nearly twenty years since, the City has taken great steps to implement many of those recommendations, but some were either not implemented or not uniformly enforced, new challenges arose, and the evolution of technology has significantly changed expectations and opportunities. On November 19, 2019, City Council adopted the Resolution to "Re-establish the Citizens Committee on Boards and Commissions." Our Committee was tasked with identifying potential improvements to the appointment process and best practices for board operations and staffing, and advising City Council on these matters. Our assigned scope of work was limited to organizations with members appointed by City Council; Mayor's Commissions and committees convened by others were not addressed. Following an extensive review process beginning in November 2020 and culminating in May 2022, we respectfully provide the enclosed report and recommendations for City Council's consideration. We have also developed and included nine Exhibits containing forms and tools to accelerate implementation, rather than leaving that work to be performed later by City staff. In developing these recommendations, our Committee met 29 times and logged over 500 volunteer hours. As a starting point, at our very first meeting the Committee was presented with a list of nearly 60 topics and questions compiled by the City Clerk's Office for evaluation. The Committee reviewed an extensive array of materials, including recommendations from the predecessor Committee, current City Ordinances, information from the City Clerk's website, print materials used to market opportunities on Boards and Commissions, and individual agency digital platforms. We examined procedures and materials from nearly 100 other localities from our neighboring localities in Hampton Roads to cities big and small all over the United States. In addition, we conducted two surveys: one among the chairs of the Boards and Commissions and one among the staff liaisons. Committee members also applied their extensive experience gathered from serving on numerous City Boards and Commissions. Our Committee's work was not without its challenges. The COVID-19 pandemic delayed our first meeting by eight months and prolonged our efforts with virtual meetings and occasional cancellations. In addition, like many other City Boards and Commissions we were not immune to quorum and attendance issues. Indeed, our Committee started with eleven members and now concludes with seven members. The Court's Redistricting ruling also impacted the work of the Committee, causing us to re-examine some of our recommendations. Ultimately though, these challenges proved to be integral to many of our recommendations as they highlighted areas where City processes should be improved. Moreover, they suggested to us that consistent re-evaluation through a standing committee would be beneficial to the City and avoid recurrence of implementation problems the prior committee's work experienced. During the course of our work the Committee also achieved a number of beneficial outcomes that have already impacted Boards and Commissions in the City. We assisted the Clerk's office CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 1 Final Report- June 3, 2022 in revising the Boards and Commissions Pamphlet and revising the City website. We drafted and tested many proposed forms and procedures, including within our own Committee's operations. We efficiently engaged the City Attorney's Office to evaluate and assist with resolving policy concerns that have since been applied to multiple agencies. We also encouraged the addition of student members on Boards and Commissions and have seen several such opportunities added. Additionally, we significantly increased knowledge and best practices among staff, staff liaisons, and Board and Commission chairs. Ultimately, the Committee identified three primary areas ripe for important improvements: 1. Public Engagement 2. Efficiency of Operation 3. Mission Fulfillment / Effectiveness We believe the enclosed recommendations present significant opportunities for improving these three critical concerns. As you can imagine, after nearly two years of work, these recommendations were subjected to significant discussion and review wherein we weighed public interest, administrative simplicity, and sustainability. Our key recommendations include: • Implementing software and new technologies to streamline many processes; • Developing and providing simple, standard training for appointees and staff liaisons; • Revamping attendance and quorum policies and providing for enforcement; • Implementing easier and more effective Annual Report and work product methods; and • Standardizing operating procedures. Finaliy, we would be remiss not to recognize the work of the individual members of the Committee, Council Members Berlucchi and Henley who served as Council Liaisons and the staff liaisons who provided expertise and wisdom throughout the process: Appointed Committee Members: Staff Liaisons: James B. (Jimmy) Wood, Chairman Amanda Barnes, City Clerk Walter T. Camp, Vice Chairman Terri Chelius, Chief Deputy City Clerk Lawrence (Larry) Dotolo Roderick Ingram, Deputy City Attorney Douglas (Doug) McLiverty Neva White, Chief Strategy Officer Bernice Pope Melissa Zibutis, Asst. to the City Manager Stacey Shiflet Mary Katherine Zimmerman, Volunteer Sylvia Nery-Strickland Resources Administrative Technician Without question, this process highlighted how many wonderful volunteers our city is fortunate to have and how lucky we are to have such a dedicated, efficient, and productive professional staff. Our recommendations should make their efforts easier and more effective. We look forward to the opportunity to brief you on our work and recommendations. Respectfully submitted, James B. (Jimmy) Wood Walter T. Camp Chairman Vice Chairman CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 2 Final Report- June 3, 2022 CONTENTS MISSION STATEMENT 5 GENERAL RECOMMENDATIONS 7 RECRUITING AND MARKETING 7 SOCIAL MEDIA POLICY 9 YOUTH INVOLVEMENT 10 PROSPECTIVE APPOINTEES 10 TALENT BANK APPLICATION 10 CONFLICT OF INTEREST REQUIREMENTS 11 BACKGROUND CHECK / BADGE ACCESS 11 PRE-APPOINTMENT INTERVIEWS AND RECOMMENDATIONS 11 TRAINING PROGRAMS 12 ATTENDANCE 14 EXPIRATION OF TERM / REAPPOINTMENTS 14 APPOINTMENTS HELD BY VIRTUE OF POSITION 16 CIRCUMSTANCES TO REMOVE AN APPOINTEE 16 Failure to Take Oath of Office (Lapse of Appointment) 16 Excessive Absences 17 Failure to File Financial Disclosure Form 17 Other Circumstances 18 CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 3 Final Report- June 3, 2022 RECOGNITION 19 COUNCIL LIAISONS 19 STAFF LIAISONS 20 ANNUAL REPORTS 21 APPOINTIVE AGENCY MISSION, ESTABLISHMENT AND SUNSETTING 22 TERMS OF OFFICE FOR ALL APPOINTIVE AGENCIES 23 BYLAWS 23 MEETING REQUIREMENTS 24 IMPLEMENTATION 25 EXHIBIT A -TALENT BANK APPLICATION 26 EXHIBIT B - STUDENT TALENT BANK APPLICATION 31 EXHIBIT C -TRAINING MODULES FOR APPOINTEES 36 EXHIBIT D -TRAINING MODULES FOR STAFF LIAISONS 37 EXHIBIT E - ATTENDANCE TEMPLATE 39 EXHIBIT F - REAPPOINTMENT REQUEST 40 EXHIBIT G - ANNUAL REPORT TEMPLATE 42 EXHIBIT H - BYLAWS TEMPLATE 44 EXHIBIT I - MEETING MINUTES TEMPLATE 46 CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 4 Final Report- June 3, 2022 MISSION STATEMENT .�t tsi �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Reestablish the Citizens Committee on Boards and Commissions MEETING DATE: November 19, 2019 • Background: The City has been well-served by the hundreds of citizen volunteers who comprise the City's boards, commissions, committees, authorities, councils and other advisory bodies. In 2003, a City Council-appointed Citizens Committee on Boards and Commissions made recommendations regarding all aspects of the City's boards and commissions. Since then, most of the recommendations have been implemented, but the boards and commissions could benefit from a fresh look aimed at identifying potential improvements to the appointment process and best practices for board operations and staffing. • Considerations: The committee shall serve in an advisory capacity to the City Council, and the City Council shall appoint its members. The Committee shall consist of up to eleven members and should include residents who have served on a City board or commission, including a designee of the Process Improvement Steering Committee. Staff support shall be provided by the City Clerk's Office, the Office of Volunteer Resources, the STiR Office, and the City Attorney's Office. • Public Information: Via the normal Council agenda process. • Attachments: Resolution. Requested by Mayor Dyer CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 5 Final Report- June 3, 2022 REQUESTED BY MAYOR DYER 1 A RESOLUTION TO REESTABLISH THE 2 CITIZENS COMMITTEE ON BOARDS AND 3 COMMISSIONS 4 5 WHEREAS, the City has been well-served by the hundreds of citizen volunteers 6 who comprise the City's boards, commissions, committees, authorities, councils and 7 other advisory bodies; 8 9 WHEREAS, in 2003, a City Council-appointed Citizens Committee on Boards and 10 Commissions made recommendations regarding all aspects of the City's boards and 11 commissions. Since then, most of the recommendations have been implemented, but 12 the boards and commissions could benefit from a fresh look aimed at identifying potential 13 improvements to the appointment process and best practices for board operations and 14 staffing; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 1. The City Council hereby reestablishes the Citizens Committee on Boards 20 and Commissions. 21 22 2. The committee shall serve in an advisory capacity to the City Council, and 23 the City Council shall appoint its members. 24 25 3. The Committee shall consist of up to eleven members and should include 26 residents who have served on a City board or commission, including a designee of the 27 Process Improvement Steering Committee. 28 29 4. Staff support shall be provided by the City Clerk's Office, the Office of 30 Volunteer Resources,the STiR Office, and the City Attorney's Office. 31 32 33 Adopted by the City Council of the City of Virginia Beach, Virginia on the 19 t h 34 day of November , 2019. APPROVED AS T CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / 9J//e71 - it I r 's ice City Attorney's Office CA14929 R-1 November 8,2019 CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 6 Final Report- June 3, 2022 GENERAL RECOMMENDATIONS 1 . City Council should reaffirm that citizen input and participation with local government are critical to quality of life and to ensure Virginia Beach as a "Community for a Lifetime." 2. City Council and City Staff should stress the vital role of Appointive Agencies' in making certain that the voices of citizens are heard. 3. As many other localities its size have already done, the City of Virginia Beach should implement Appointive Agency software to significantly increase public engagement, efficiency, and agency effectiveness while reducing administrative burden. 4. To increase public engagement significantly, to allow more choices of meeting places and times, and to reduce staff burden the City should better equip more rooms to easily and effectively accommodate hybrid meetings of Appointive Agencies involving both in-person and remote participation. Such facilities would also benefit City agencies and staff. 5. Future legislative agendas of the City of Virginia Beach should continue to seek greater opportunities for local advisory Appointive Agencies and their individual appointees to participate in meetings remotely. This recommendation does not extend to Appointive Agencies that are quasi-judicial or grant-making in nature, that render decisions on property rights, or to independent or regional agencies. RECRUITING AND MARKETING 1. City Council and City Staff shall make citizens aware of opportunities to serve on Appointive Agencies. 2. Membership on each Appointive Agency should reflect the geographic, gender, age, ethnic, and occupational diversity of the City. City Council should reaffirm a commitment to appoint Virginia Beach residents, except those appointed by virtue of their position, to the Appointive Agencies. 3. City Council should place an emphasis on public information outreach to inform the public and build interest in serving on Appointive Agencies. 1 Please note,we have chosen to utilize the term"Appointive Agencies"throughout these recommendations in lieu of "Boards and Commissions," "Committees," "Authorities,""Councils," "Panels," "Task Forces,"and other terms presently in use for organizations with one or more citizen-members appointed by the Virginia Beach City Council. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 7 Final Report- June 3, 2022 4. City Council shall direct the necessary stakeholders to develop and implement a public relations campaign to enhance participation and membership within the City of Virginia Beach Appointive Agencies. 5. The City Clerk shall work with the Communications Office to identify modern media and communication outlets to utilize for advertising volunteer opportunities with the City's Appointive Agencies. a. The City Clerk shall periodically meet with the Communications Office to ensure the most current modern media and communication outlets are being effectively utilized. b. As needed, the City Clerk shall utilize the Communications Office to advertise specific hard-to-fill Appointive Agency positions (e.g., those requiring specific educational backgrounds or specific licensure). 6. The City Clerk shall continue to maintain its Appointive Agencies pamphlet in hard copy. The City Clerk will also work to maintain an electronic version of the Appointive Agencies pamphlet easily accessible by the public. a. Every City office with a public-facing desk should be provided with copies of the Appointive Agencies pamphlet including Libraries and Recreation Centers (or another document directing the public to the electronic version of the pamphlet). b. Each year the City Clerk shall identify community organizations that may have members interested in serving on Appointive Agencies and ensure that these organizations are provided with the Appointive Agencies pamphlet. c. Each year the City Clerk shall identify under-represented communities' organizations that may have members interested in serving on Appointive Agencies and ensure that these organizations are provided with the Appointive Agencies pamphlet. d. The City Clerk shall ensure the Appointive Agencies pamphlets are made available to each member of City Council, so that City Council members may continue recruiting efforts at their community meetings and events. 7. The City's website should be enhanced to create a more vibrant, accessible, and informative "landing spot" for information on Appointive Agencies. a. This should include at a minimum: i. A full listing of all Appointive Agencies. ii. Links to the individual webpages and other digital platforms for each specific Appointive Agency. 1. The staff liaison for each Appointive Agency should maintain a current membership listing with appointed terms on their individual webpage including information on the meeting schedule and frequency. iii. Vacancies for each Appointive Agency. 1. The number of vacancies, including Student positions, should be listed at the beginning of each calendar year based on the number of open seats on each Appointive Agency, as CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 8 Final Report- June 3, 2022 well as the number of seats not specifically vacant, but whose term expires during that calendar year. iv. Adult and Student Talent Bank Application forms with online submittal capability, as described later in this report. v. Training materials described later in this report, enabling prospective applicants to become better prepared for service and providing convenient centralized access for current appointees. b. Adoption of Appointive Agency software would facilitate more efficient and standardized implementation of this recommendation and enable enhancements beyond the minimum, increasing public engagement. SOCIAL MEDIA POLICY 1. Appointive Agencies should be encouraged to use existing departmental and City platforms for reaching the public rather than establishing new platforms. 2. Appointive Agencies should annually evaluate the utilization, effectiveness, and resources required to maintain social media platforms and make appropriate changes to ensure efficiency. 3. Staff liaisons shall report all existing Appointive Agency social media platforms to the offices of the City Attorney and City Clerk. a. This recommendation is made at the request of the City Attorney's Office, which identified having a centralized registry of such sites as a best practice. 4. The City Clerk's webpage should include links to all Appointive Agency digital platforms. 5. Social media platforms for Appointive Agencies should be registered to the City of Virginia Beach following City procedures, and not be registered to private individuals. 6. Departments supporting Appointive Agencies should post social media content, which may be supplied by appointees, on their behalf. 7. Social media posts for Appointive Agencies should provide information, align with the agency's mission, and inform the public of meetings, events, and service opportunities. 8. The Commission's training recommendations include providing guidance for appointees on personal social media posts related to their City position. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS ( 9 Final Report- June 3, 2022 YOUTH INVOLVEMENT 1. Appointive Agencies should be encouraged to identify and create opportunities for student involvement designed to support the agency's mission. This may include both formal participation on the Appointive Agency or informal participation on sub- committees, events, programs, etc. a. In the event an Appointive Agency seeks formal student involvement on the Appointive Agency, then the membership status of the student members (e.g., voting member or non-voting member, term of office, etc.) should be decided by City Council on a case-by-case basis based on input from the requesting Appointive Agency. 2. The City Clerk shall ensure information regarding opportunities for student/youth involvement with the Appointive Agencies is maintained on the City's website. 3. The City Clerk shall work with local schools, including private schools, home school organizations, and the Virginia Beach City Public Schools, to provide information on opportunities for student/youth involvement and Student Talent Bank Applications to these groups. PROSPECTIVE APPOINTEES 1. Prospective appointees should be encouraged to: a. Attend Appointive Agency meetings to learn about the group's mission and operations; b. Engage with the Appointive Agency by participating in its events and programs; c. Consider any opportunities to support the Appointive Agency's mission through Volunteer Office programs; and d. Prepare themselves for service by taking the online training proposed herein. TALENT BANK APPLICATION 1. The City Clerk shall implement the standard Talent Bank Application and Student Talent Bank Application attached to these recommendations. Please find the proposed Talent Bank Application attached as Exhibit A and the proposed Student Talent Bank Application attached as Exhibit B. 2. The City should explore the utilization of a software-driven online system for collecting applications to serve on Appointive Agencies, increasing efficiency and enabling greater reporting capabilities. a. In the interim, the City Clerk should implement a method to submit the Talent Bank Application electronically. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 10 Final Report- June 3, 2022 3. There should be no limit on the number of Appointive Agencies on which an individual can serve. Council should consider concurrent appointments, but they should not be the final decision criterion. A list of all Appointive Agencies on which a nominee currently serves should be provided to the Council before a new appointment or re-appointment is made. This is also incorporated into the (re)appointment application and request forms. CONFLICT OF INTEREST REQUIREMENTS 1. All appointees shall comply with state laws related to conflict of interest filing if the Appointive Agency on which they serve is subject to such requirements under state law. 2. All members of Appointive Agencies shall be required to acknowledge "The Principles of Service" statement, which is incorporated into the Talent Bank Application, Student Talent Bank Application, and Reappointment Request Form (see Exhibits A, B and F). BACKGROUND CHECK / BADGE ACCESS 1. In general, no background check should be required to serve on Appointive Agencies, except as specifically required by City Council, state law, or another governing authority. 2. Appointive Agencies should advise City Council of new circumstances that may warrant re-evaluation of specific background check requirements. 3. Appropriate access privileges for members of Appointive Agencies should be determined by professionals responsible for the security and safety of municipal facilities, rather than by a general ordinance. a. Those currently holding access badges should continue until otherwise determined by City security and safety authorities. b. Those desiring additional access privileges should make a request to the City Council liaison for evaluation by City security and safety authorities. PRE-APPOINTMENT INTERVIEWS AND RECOMMENDATIONS 1. City Council shall decide whether pre-appointment interviews are a requirement for each Appointive Agency on an individualized basis. Ultimate authority to make appointments does and should continue to rest with City Council. a. City Council may delegate authority to interview applicants for appointment to an Appointive Agency to the specific Appointive Agency. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 11 Final Report- June 3, 2022 2. If provided for by law or ordinance or with the consent of the appropriate City Council liaison, an Appointive Agency may conduct interviews to make recommendations for appointment to the Appointive Agency. a. Interviews shall comply with applicable public meeting laws. b. The Appointive Agency should seek guidance in advance from the City Attorney's Office on appropriate procedures for conducting interviews. 3. If an Appointive Agency, through its chair, wishes to make recommendations for appointment, the City Clerk may be consulted regarding interested applicants and for review of talent bank applications in the City Clerk's office. a. The City Clerk may provide the chair with basic contact information for applicants to the Appointive Agency, but shall not distribute talent bank applications, unless otherwise provided for by ordinance. b. Recommendations for appointment should be sent by the chair to the Appointive Agency's City Council liaison, or to the Vice Mayor if no liaison exists, with a copy to the City Clerk. 4. Changes in applicants' status. a. Talent Bank applicants shall be responsible for updating their applications, particularly with regard to changes in residency, criteria required for appointment such as current licensure, and ongoing availability/interest in appointment. b. Prior to appointment, and especially for Talent Bank applications on file for more than one year, efforts should be made either by the Clerk's Office, Appointive Agency chair, or staff liaison as appropriate, to contact the prospective appointee for confirmation of residency, required criteria, and ongoing availability/interest. TRAINING PROGRAMS 1. Create Training Programs for Appointive Agency Members and Staff Liaisons a. Take greater advantage of technology b. Simplify training info topic modules rather than a single, long course i. Easier for trainees to complete as time allows ii. Easier for the City to update portions as needed c. Enable training to be delivered online, preferably at a self-directed pace d. Reduce key training points into corresponding Training Handbooks (digital) e. Create a short introductory video from Mayor, Vice Mayor and/or City Manager f. Review training topics bi-annually and modify as the City's needs evolve g. To avoid burdensome administrative work, standard software (which the City may already use or which may be part of a municipal Appointive Agency package) should be considered to track training completion. 2. Appointive Agency Member Training a. Four short modules, shown on Exhibit C, are suggested for initial training program b. Timing of Training CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 12 Final Report- June 3, 2022 i. Until training tracking software is implemented, new Appointive Agency appointees should make reasonable efforts to take training prior to, or within 30 days after, appointment. ii. Current Appointive Agency appointees should make reasonable efforts to take training prior to, or within 30 days after, re-appointment. iii. Opportunities and encouragement should also be offered for current appointees to take training as it becomes available, rather than waiting until reappointment nears. iv. These recommendations should be revisited when automated tracking solutions become available, or during the bi-annual training program review noted above. c. Retraining or Supplemental Training i. To be considered as new matters arise (e.g., adoption of new laws, ordinances, policies, or circumstances such as COVID) ii. May be utilized as part of solutions for resolving appointee issues d. Make training available digitally to the general public via website delivery i. Talent Bank applicants may take early & note as a "Plus" factor ii. Promote civic knowledge & engagement, including potential use by students e. Information specific to the appointee's Appointive Agency should be provided soon after the chair and staff liaison are notified of the appointment. This orientation shall include times and places of meetings, ongoing projects, special events, operating procedures, and all related ordinances and resolutions. 3. Staff Liaison Training a. Topics shown on Exhibit D are suggested for initial training program b. Topics were determined in part from needs identified during surveys of Virginia Beach Appointive Agency staff liaisons c. Staff liaison training should include Appointive Agency Member Training modules i. To reduce creation of redundant materials ii. To better enable staff liaisons to reinforce Appointive Agency Member Training d. Timing of Training i. Equipping staff liaisons with uniform administrative tools and training will greatly facilitate successful Appointive Agency operations ii. Training should be implemented as a priority for all existing & new staff liaisons e. Periodic refresher training in group setting of existing liaisons should be conducted in coordination with the City Clerk, City Attorney and Office of Volunteer Resources to: i. Raise awareness of best practices and methods for resolving common challenges ii. Identify issues to leadership CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 13 Final Report- June 3, 2022 ATTENDANCE 1. To fulfill their duties, the City's Appointive Agencies rely upon the active participation of appointees. The chair of each Appointive Agency shall encourage attendance and enforce the City's Appointive Agency attendance policies. 2. Attendance at each Appointive Agency meeting shall be recorded in the Minutes. 3. The chair and staff liaison shall classify attendance according to the City's attendance policies. 4. When technology permits, meeting attendance should be promptly uploaded online by the staff liaison so the Clerk's office will have continuous access to current information. 5. Until technology allows ongoing reporting online, staff liaisons shall maintain a standard Appointive Agency Attendance Report (see Exhibit E) and promptly provide it to the chair, City Clerk, or Council liaison upon request. This Report should be provided to the City Clerk promptly after the last meeting of the calendar year, and it should also be included in the Appointive Agency's Annual Report. 6. City Council should consider attendance records when making (re)appointments. EXPIRATION OF TERM / REAPPOINTMENTS 1. The staff liaison shall give 90 days advance notice to any member of an Appointive Agency whose term is expiring. a. The staff liaison shall notify the member of their term expiration in writing (until technology permits a more streamlined process), including the Reappointment Request Form (see Exhibit F), with a copy to the chair and City Council liaison. The staff liaison shall inquire as to whether the member is interested in continuing their service with the appointive agency for an additional appointment period. The staff liaison shall also instruct the appointee to return the Reappointment Request Form at least 60 days in advance of their term's expiration. b. The chair of such Appointive Agency should also communicate with the member to determine the member's interest in continuing to serve on the Appointive Agency. c. The member should provide notice to the City Clerk as soon as possible (and at least 60 days in advance of the expiration of their term) regarding their desire to be re-appointed, utilizing the Reappointment Request form attached as Exhibit F. d. If a member eligible for reappointment does not timely return the Reappointment Request form, then the City Clerk should provide that information to Council for their consideration in the reappointment process. While it would be helpful to have the form returned, a failure to do so should not disqualify an individual from reappointment. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 14 Final Report- June 3, 2022 2. The staff liaison shall provide the City Clerk and City Council liaison with all measurable information and data related to members who are up for reappointment, including attendance and other concurrent appointments. 3. The chair of an Appointive Agency may provide recommendations to the City Council liaison, or to the Vice Mayor if no liaison exists or is available, and to the City Clerk for appointments and reappointments to the Appointive Agency. The City Clerk will provide any recommendations made by the chair to City Council for the Council's consideration. 4. The City Clerk should provide City Council with a list of the various Appointive Agency members whose terms are expiring 60 days in advance of such expiration date. 5. Appointments and reappointments of members to Appointive Agencies should occur thirty (30) days prior to the expiration of terms. 6. Council should continue its recently adopted practice of considering appointments at the conclusion of its workshop sessions in addition to regular business meetings, which has been effective in minimizing Appointive Agency vacancies. 7. Appointments beyond term limits. a. Staff liaison training recommendations described in this report shall include best practices related to communications with Appointive Agency members whose terms are expiring, and who have reached their maximum term limit, on the City Code provision allowing for additional terms in certain circumstances. b. Retain the current City Code provision (City Code § 2-3(b)) that enables the City Council, by an affirmative vote of a majority of all Council Members, to reappoint a person to one or more additional terms beyond those permitted by City Code § 2-3(a) when, by virtue of the unique qualifications of the position or other extenuating circumstances, doing so would serve the best interests of the City. c. City Council should provide a rationale when reappointing anyone beyond the term limits as set forth in Section 2-3(a). 8. Consider changing the term limits for Appointive Agencies that have specific membership requirements that are difficult to meet, as was done in City Code § 2-3(c) for appointees to the Board of Building Code Appeals. Such circumstances should be identified by the Clerk's Office, in Appointive Agency annual reports, and in the periodic procedural review process recommended elsewhere in this report. 9. An individual who previously served on an Appointive Agency shall not be deemed to have a consecutive appointment if three or more months have passed since the appointee's most recent term with the same Appointive Agency has concluded. 10. Letters of appointment and reappointment should include the appointee's obligation to self-report the loss of certification/license, change of residency, or other changes to factors upon which their appointment is conditioned. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 15 Final Report- June 3, 2022 APPOINTMENTS HELD BY VIRTUE OF POSITION 1. Government Positions. Unless otherwise specified by Ordinance, law, or bylaws approved by City Council, appointments of members to Appointive Agencies by virtue of concurrent service in a specific elected, appointed, or employed government position (Federal, State or local) shall terminate if an incumbent ceases to hold or is suspended from such position. Absent other action by City Council, their authorized successor in that government position, acting or permanent, shall also assume appointment to such Appointive Agency seats ordained as secondary assignments for their office, subject to subsequent confirmation by City Council. 2. Non-Government Positions. Unless otherwise specified by Ordinance, law, or bylaws approved by City Council, appointments of members to Appointive Agencies by virtue of concurrent service in a non-governmental position shall terminate if an incumbent ceases to hold or is suspended from such position. The Appointive Agency seat previously held by the incumbent shall be vacant until City Council appoints a successor. 3. Inter-Agency City Liaisons. When Council desires one Appointive Agency to coordinate with another, consideration should be given to allowing the agency providing a liaison to designate which of its members should serve rather than requiring Council itself to appoint a specific individual member as the liaison. a. This recommendation is intended to increase attendance by inter-Agency liaisons by allowing more responsive designation changes as individual availability and workloads change. b. Backup inter-Agency liaisons, which do not exist now, could also be readily designated by the Agency itself, furthering Council's goals by reducing attendance gaps, communications breakdowns, and failures to coordinate. CIRCUMSTANCES TO REMOVE AN APPOINTEE Failure to Take Oath of Office (Lapse of Appointment) 1. A limited number of appointees are required to take an Oath of Office, typically by State Law. 2. Appointment letters for such positions should indicate service is conditioned upon taking the Oath. 3. An appointee who fails to take an Oath as required allows their conditional appointment to lapse and forfeits the opportunity to serve. 4. The Clerk should promptly notify the appointee their appointment has lapsed and notify Council the position remains vacant and requires a new appointment. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 16 Final Report- June 3, 2022 Excessive Absences 1. Attendance is directly correlated to Appointive Agency participation and thereby to the success of the organization in furthering its mission. Creating and maintaining a culture that expects the participation of its members in productive meetings will increase the engagement of the Appointive Agency. Engaged appointees are an Appointive Agency's most valuable assets. 2. Recommended procedures for recording attendance, and thereby identifying excessive absenteeism, are noted elsewhere in this report. 3. The staff liaison will notify the Appointive Agency chair after a member has had two unexcused absences. The chair shall contact the member to determine why the member is missing meetings and remind the member of the City's attendance policy, and if applicable, the Agency's remote participation policy. 4. If a member accumulates three or more absences in a calendar year, or is absent from more than one-fourth of the total number of meetings held during the calendar year, for any reason other than personal illness, the illness or death of a relative, or other circumstances beyond the member's control (as determined by the chair), the staff liaison shall notify the City Clerk's office in writing, with a copy to the chair, and advise the City Clerk of the name of the member of who has accumulated absences beyond those allowed by the City Code. The notification should reference the attendance policy set forth in City Code § 2-3.1 and indicate it was sent on behalf of the chair. 5. Given that City Code § 2-3.1 provides that absences due to personal illness, the illness or death of a relative, or other circumstances beyond the member's control are excused absences, and given the option for members of Appointive Agencies to participate in meetings from a remote location if the Appointive Agency has adopted a remote participation policy as authorized by the Virginia Freedom of Information Act and City Council Policy, the City Code requirement and procedures for removal of appointees due to excessive unexcused absences should be strictly enforced. Failure to File Financial Disclosure Form 1. Recommendations elsewhere in this report significantly limit the number of appointees required to file a Financial Disclosure form. 2. In most cases, consequences for failure to file a Financial Disclosure form will be determined by State law. 3. If an appointee is required to file a Financial Disclosure but is not subject to State law consequences for failure to do so: a. Their appointment letter should note filing is a requirement for continued service; b. Failure to timely file should result in a prompt letter from the City Clerk allowing 30 additional days; and CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 17 Final Report- June 3, 2022 c. Failure to file by the extended deadline should result in automatic termination of the appointment, carried out by written notice from the City Clerk in the same manner provided in § 2-3.1 for termination due to excessive unexcused absences. 4. Given the limited number of positions impacted by this recommendation, the public transparency objective of the filing requirement, the well-communicated requirement to file, and provisions to remedy an initial lapse in timely filing, if allowed by state law, this policy should be strictly enforced. Other Circumstances 1. A variety of other circumstances may impair an appointee's ability to serve effectively or may impair their Appointive Agency's ability to fulfill its mission. 2. When such circumstances arise the appointee should notify the chair, who in turn should notify the Council liaison or Vice Mayor (in the absence or unavailability of a Council liaison), as appropriate. 3. These situations should be evaluated on a case-by-case basis. 4. City Council should continue to exercise its authority to remove appointees as it determines best for the welfare of the City and the Appointive Agencies. 5. Circumstances which could, but would not necessarily, lead to Council's review for potential termination of an appointment may involve violation of the Principles of Service or certain criminal convictions. 6. Council should provide for an appointee Leave of Absence (LOA) where legally permissible as an intermediate step to facilitate Appointive Agency operations during such circumstances. a. Such LOAs should be for a defined, limited term - perhaps up to three (3) months. b. Such LOAs could be requested by the appointee or imposed. c. Power to grant an LOA should vest in the agency's Council liaison, or the Vice Mayor in the absence or unavailability of a Council liaison. d. Appointive Agency quorums should not include appointees on an LOA. e. Appointee absences during a properly granted LOA should be considered "Excused." f. Such LOAs would not be for personal medical or family medical reasons already addressed by City ordinance. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 18 Final Report- June 3, 2022 RECOGNITION 1. Appropriate opportunities for recognition of appointees should be identified using the City's Office of Volunteer Services as a resource. 2. The City Manager should be encouraged to recognize outstanding performance by staff liaisons supporting Appointive Agencies, as appropriate. 3. The nature and timing of such recognition should be periodically re-evaluated to ensure effectiveness and efficiency. COUNCIL LIAISONS 1. City Council should consider selecting two of its own members to serve as Liaisons or Contacts to each Appointive Agency. a. The second Council Liaison/Contact may choose to serve in a limited, backup capacity or in a full capacity. b. For Appointive Agencies with quasi-judicial powers or other reasons why Council Members should not act as full liaisons or attend meetings, City Council Members should be designated as "City Council Contacts" with more limited roles. c. If neither City Council Liaisons nor Contacts are currently designated for an Appointive Agency, the Vice Mayor shall serve as the agency's point of contact with City Council. 2. City Council's current practice of reviewing liaison/contact assignments annually and when the composition of Council changes is endorsed as a helpful practice. 3. Familiarity with the missions and work of the City's Appointive Agencies and attendance at their programs and special events should be encouraged for all Council Members. 4. City Council liaisons can help Appointive Agencies succeed and fulfill their missions in the following ways: a. Refer relevant matters to Appointive Agencies, inform Appointive Agencies of Council initiatives, and advise Agencies of Council's perspectives on matters relevant to their mission. b. Use Liaison Reports to inform Council and the public of Appointive Agency issues, achievements, and events. c. Actively engage with assigned Appointive Agencies and be available to chairs for coordination. d. Facilitate Appointive Agency communications to Council, including reports and presentations. e. Provide guidance on desired work products and assignments from Council, and provide acknowledgement and feedback to the Appointive Agency after receiving and considering their reports. f. Advise the City Manager of circumstances appropriate for his consideration and execution for facilitating the success of Appointive Agencies. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 19 Final Report-June 3, 2022 g. When recruiting, filling, or reappointing to open seats on Appointive Agencies: i. Give consideration to recommendations from the Appointive Agency; ii. Coordinate with District Council Members on Appointive Agencies with geographic composition requirements. h. Promote coordination when advice from more than one Appointive Agency is sought, such as when the same or related issue is referred to both a geographic Appointive Agency such as RAC and a general government service Commission such as Parks & Recreation. i. Sponsor Appointive Agency recommendations for consideration by Council, including changes in size, composition, liaisons and student members. j. Provide fellow City Council Members with context and information when evaluating the Appointive Agency's Annual Report and other work products, as described elsewhere in these recommendations. STAFF LIAISONS 1. Staff liaisons shall be expected to perform all duties identified in the Staff Liaison Training program. 2. The City Manager should be directed to ensure supervisors are aware of Appointive Agency staff liaison duties so workloads can be appropriately planned, performance can be evaluated, and provisions for staff liaison succession and backup can be made. 3. Staff liaisons shall maintain current and orderly files for assigned Appointive Agencies, including meeting agendas, meeting minutes, and attendance records. 4. Staff liaisons shall file all necessary public meeting notices for their assigned Appointive Agency. 5. Staff liaisons shall promptly notify the chair, City Council liaison, and City Clerk's office of any changes in appointee membership status, eligibility to serve, or contact information. 6. Staff liaisons should inform supporting department leaders and appropriate staff about matters being considered by the Appointive Agency. 7. Staff liaisons should coordinate with Appointive Agency chairs when opportunities arise for the City's professional staff to assist appointees with making informed evaluations and recommendations. 8. Staff liaisons shall promptly provide newly appointed members and all liaisons orientation materials. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 20 Final Report- June 3, 2022 9. Staff liaisons shall coordinate webpage postings and if applicable, social media postings, for the Appointive Agency ANNUAL REPORTS 1. An Appointive Agency's Annual Report is perhaps the most important and underutilized tool for enabling City Council's evaluation of each agency's mission, effectiveness, and opportunities for service. Efforts should be prioritized to ensure Appointive Agency annual reports are easy to prepare and submit, standardized with key content valued by Council, and expected on a timely basis. 2. The chair of each Appointive Agency, other than Independent or Regional Agencies, shall file an Annual Report to City Council with the City Clerk's office no later than sixty (60) days after fiscal year-end, unless otherwise specified. a. City Budget. Submission of Annual Reports on this timetable is intended to facilitate timely consideration of recommendations related to resources early in the City's budget development cycle, with all Agency requests presented at the same time. Council has often requested such timing. b. City Policies. The timing is also intended to enable consideration of policy recommendations early in the development cycle for legislative agendas involving other levels of government. 3. The Annual Report shall cover the period July 1 -June 30 of the fiscal year just ended, unless otherwise specified. 4. A simple, standard Annual Report template showing minimum requirements is included as Exhibit G. Appointive agencies may choose to provide additional material, but all annual reports shall include each of the minimum required sections. 5. Appointive Agencies will differ in the types of information they report, depending on their mission. a. Advisory Appointive Agencies may choose to focus on programs and projects. b. Quasi-judicial Appointive Agencies may choose to focus on statistics and processes related to the matters they evaluate. 6. The chair and staff liaison should collaborate to draft the Annual Report. 7. Annual Reports should be approved by the Appointive Agency prior to filing with the City Clerk for distribution to Council. 8. An Annual Report should be filed even if no other meetings were held or no business was conducted in the prior year. The report should indicate the reason for these circumstances to assist City Council in their annual evaluation of the Appointive Agency and its mission. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 21 Final Report- June 3, 2022 9. Online completion and filing of Annual Reports should be part of the future City Appointive Agency software, significantly reducing reparation time, enabling tracking without administrative burden, and increasing access to information. 10. Appointive Agency Annual Reports should be made available to the public via online posting. 11.The opportunity for Appointive Agencies to periodically brief City Council should continue to be afforded as an important process for public awareness, fulfillment of the citizen-advisory role, and two-way engagement with the majority of Council who are often not otherwise focused on the agency. APPOINTIVE AGENCY MISSION, ESTABLISHMENT AND SUNSETTING 1. City Council should consider assigning matters to Appointive Agencies in this order of preference and priority: a. First, to one or more existing agencies, augmenting their mission if necessary; b. Second, to a new temporary Appointive Agency with a defined sunset provision; c. Third, to a newly established standing Appointive Agency. 2. The City Attorney's Office should maintain model ordinances for establishing new temporary and standing Appointive Agencies containing a list of elements for City Council to determine such as: mission, membership composition, terms of appointment and term limits, supporting City Department(s), budget (if any), sunset provision (if temporary), and any governance matters, powers or limitations that differ from default City standards for Appointive Agencies. 3. Each existing Appointive Agency shall review its mission statement and present any recommended changes to City Council in conjunction with its Annual Report. 4. City Council should direct the City Manager to maintain a current master organizational chart indicating the City Departments supporting each Appointive Agency, and to provide this chart to the City Clerk for public posting on the Appointive Agencies webpage. 5. When considering each Appointive Agency's Annual Report City Council should evaluate: a. The Agency's own recommendations for changes to its mission; b. New or changed issues City Council wishes the Appointive Agency to address; c. The effectiveness of the Agency in accomplishing its mission; d. Policy, Agency composition, or resource changes to improve Appointive Agency mission fulfillment. Inter-Agency liaisons should be considered as an alternative to appointing additional full voting members where appropriate; CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 22 Final Report- June 3, 2022 e. The balance of agency support workloads across City departments; f. Opportunities for consolidation or sunsetting of Appointive Agencies. TERMS OF OFFICE FOR ALL APPOINTIVE AGENCIES 1. The City Council should define the terms of office (period of time) for members serving on all Appointive Agencies. Specifically, the City Council should make this determination when establishing an Appointive Agency, or when adding new classes of members such as students, or when designating new liaison positions. 2. If City Council chooses not to define all terms of office, then the City should enact an appropriate ordinance to apply a default one-year term to those otherwise undefined. 3. The City Council should amend any current ordinance for any existing Appointive Agencies lacking established terms of office in order to establish appropriate terms. BYLAWS 1. The majority of appointive Agencies are not required to maintain individual bylaws and generally should be discouraged from adopting bylaws to avoid conflicts with ordinances of general applicability subsequently adopted by Council, consumption of staff and volunteer resources required to train on and maintain unique bylaws rather than focusing on mission fulfillment, and redundancy with determinations made solely by Council. 2. In general, only Appointive Agencies that make grants, are independent or regional agencies, or are otherwise required to do so, should consider maintaining Bylaws. All other Appointive Agencies, including those who serve as advisory bodies to City Council, should consider alternatives to Bylaws. 3. Appointive Agencies should consider the utilization of policies in lieu of bylaws, including policies related to the election of officers. 4. Appointive Agencies that choose or are required to implement Bylaws should consider utilizing the standard template attached as Exhibit H. 5. Appointive Agencies that adopt Bylaws will be expected to follow, enforce, and maintain their Bylaws. 6. Appointive Agencies shall have all Policies, Bylaws, proposed Bylaws and/or amendments to Bylaws reviewed by the City Attorney's Office. 7. To provide uniform fallback procedures, to resolve subjects of frequent ambiguity, and to minimize adoption of separate Bylaws by multiple agencies, the following default policy should be adopted by Council for all City Appointive Agencies: CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 23 Final Report- June 3, 2022 a. Unless otherwise specified by Ordinance, law, or bylaws, Appointive Agencies shall elect a chair and a vice chair from among their members annually. The chair shall plan and conduct meetings of the Appointive Agency and perform other duties assigned and reserved to chairs by Council, ordinance, or law. The vice chair shall temporarily perform the duties of the chair when the chair is unavailable. Any subcommittee established by an Appointive Agency shall be advisory to the full agency and shall adhere to all laws governing public meetings including notice, attendance records, and minute-keeping. b. In the absence of specific laws, ordinances, or bylaws to the contrary a majority of the Appointive Agency's current membership shall constitute a quorum, subject to a minimum quorum size of three. 8. Where appropriate for the uniform functioning of City government, Council should adopt ordinances of general applicability to Appointive Agencies, with exceptions if needed, rather than awaiting individual Appointive Agencies to individually adopt policies or bylaw amendments to achieve the same purpose. MEETING REQUIREMENTS 1. Public notices for all Appointive Agency meetings shall be posted online, on the Public Notice Meeting Board near City Council Chamber, and in the office of the department that provides the Agency with staff support, and in any other designated places, in accordance with state law. 2. Staff liaisons and chairs should remind appointees about public meeting law compliance when subcommittees are formed and when gatherings outside of regular meetings are anticipated. 3. Appointive Agencies should meet a minimum of once per year to approve their Annual Report to City Council, confirm the status and availability of members, elect officers (if applicable), perform financial functions (if applicable), and perform other such duties, even if no other meetings were held or no business was conducted in the prior year. 4. Barriers should be reduced for individuals who may want to participate in or observe meetings, including if appropriate: diversifying meeting places and times, conducting hybrid in-person/online meetings, and streaming meetings via digital technology. 5. Training should inform appointees and liaisons that a properly-noticed public meeting may be called to order even if a quorum is not present, unless otherwise prohibited by law. No votes may be taken unless a quorum is present, but minutes and attendance shall be taken, unless the chair cancels the meeting prior to calling it to order. 6. Meeting agendas should be distributed to Appointive Agency members and liaisons at least three days prior to the meeting date. Appointive Agencies should adopt a process CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 24 Final Report- June 3, 2022 to capture meeting minutes ensuring compliance with applicable laws and regulations. Please find a suggested template attached as Exhibit I. IMPLEMENTATION 1. The City Council should establish a standing or permanent Appointive Agency to work with the City Clerk and the City Attorney to implement the recommendations embodied in this document. 2. The newly established Appointive Agency shall ensure that the proposals and recommendations in this document are prioritized correctly and amended as needed to comply with the spirit of the proposed recommendations. This new Appointive Agency shall also continue the mission of providing advice and recommendations to City Council regarding the City's various Appointive Agencies and the appointment processes. 3. City Code Section 2-451 which lists and categorizes Appointive Agencies is inaccurate and should be revised in a manner that reflects current directives by Council and does not render it frequently out of date in the future. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 25 Final Report-June 3, 2022 EXHIBIT A — TALENT BANK APPLICATION • Talent Bank Application b.~ ';: '''~ tt City Council Appointive Agencies , Instructions You may attach your own resume or other supporting data. Each application is retained on file for five years and may be updated at any time by contacting the City Clerk at 385-4304 or 385-4036. Each applicant must be a resident of Virginia Beach. Thank you for completing this application and for your interest in serving the City of Virginia Beach. Contact Information Name(last,first MI.) Provide previous names used Home Address City ZIP Code Phone E-Mail Address Applicant's District 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / (circle one) Registered Voter? yes/No (circle one) How long have you been a resident? Are you currently serving Yes/No on a City Council Appointed If Yes,list the name of City Council Appointed Agency: Agency (circle one) Education High School College Technical Military Graduate/Professional Degrees or Certifications CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 26 Final Report- June 3, 2022 Current Occupation Firm Name Address Title Describe Duties Please state your interest and/or reason to seek City Council's appointment to any Appointive Agency: Please pro'ide experience you have that relates to the Appointive Agency you wish to serve on: Please share any volunteer or community service in your background that would make you a good candidate for appointment: CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 27 Final Report-June 3, 2022 References(Optional) 1. Name(last,first MI.) Relationship to Applicant Phone E-Mail Address 2. Name(last,first MI.) Relationship to Applicant Phone E-Mail Address 3. Name(last,first MI.) Relationship to Applicant Phone E-Mail Address Interests: Please rank up to five Appointive Agencies you are interested in(1 being most interested): 2040 Vision to Action Community Coalition Advertising Advisory Committee Agricultural Advisory Committee Arts and Humanities Commission Audit Committee Bayfront Advisory Commission Beaches and Waterways Advisory Commission Bikeways and Trails Advisory Committee Board of Building Code Appeals Board of Zoning Appeals Chesapeake Bay Preservation Area Board Clean Community Commission Community Organization Grant Review and Allocation Committee(Minority Grants) Community Policy and Management Team(CSA-At Risk) Community Services Board Development Authority Eastern Virginia Medical School Green Ribbon Committee Health Services Advisory Board Historic Preservation Commission Historical Review Board Housing Advisory Board Human Rights Commission CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 28 Final Report-June 3, 2022 Military Economic Development Advisory Committee Minority Business Council Oceana Land Use Conformity Committee Old Beach Design Review Committee Open Space Advisory Committee Parks and Recreation Commission Personnel Board Planning Commission Process Improvement Steering Committee Public Library Board Resort Advisory Commission Senior Services of Southeastern Virginia(Regional) Social Services Advisory Board Southeastern Tidewater Opportunity Project(Regional) Stormwater Appeals Board Tidewater Community College Board(Regional) Tidewater Youth Services Commission(Regional) Transition Area/Interfacility Traffic Area Citizens Advisory Committee Towing Advisory Board Urban Agricultural Advisory Committee Virginia Beach Community Development Corporation Wetlands Board Agreement and Signature By my signature to this application, I affirm that the facts set forth in it are true and complete. I understand that if I am accepted as a volunteer, any false statements, omissions, or other misrepresentations made by me on this application may result in my immediate dismissal. I affirm my willingness to complete the City of Virginia Beach Board and Commissions Training Program and I acknowledge the Principles of Service. I further affirm my willingness to fulfill my commitment to actively attend and participate if appointed and to comply with the Virginia Financial Disclosure requirements,if applicable. Full Name(printed) Signature Date Please submit this application via U.S. Mail or Email to: Amanda Barnes,MMC,City Clerk 2401 Courthouse Drive,Suite 281 Virginia Beach,VA.23456 abarnes(a,vbgov.com CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 29 Final Report- June 3, 2022 City of Virginia Beach Principles of Service These principles shall guide appointees to Boards and Commissions while acting in their official capacity: • To place the best interests of the City above all other interests. • To uphold all laws,regulations, and policies. • To take no action for personal benefit. • To make every effort to avoid a real or perceived conflict of interest. • To avoid disclosure of confidential information obtained in the performance of my duties or in my official capacity. • To exercise prudence and good judgment at all times. • To faithfully and impartially perform my duties,acting with integrity and accountability. • To treat other officials,staff, and the public with respect. • To ensure City resources are used solely for the benefit of the City,and City staff are not given unauthorized directives. • To participate in training and adhere to guidance provided for my role by the City. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 30 Final Report-June 3, 2022 EXHIBIT B — STUDENT TALENT BANK APPLICATION High School Student Talent Bank Application is City Council Appointive Agencies ..:,.. Instructions You may attach your own resume or other supporting data. Each application is retained on file for one year and may be updated at any time by contacting the City Clerk at 385-4036 or 385-4303. Each applicant must be a resident of Virginia Beach. Thank you for completing this application and for your interest in serving the City of Virginia Beach. Contact Information Name(last,first MI.) Street Address City Zip Code Phone E-Mail Address Applicant's District 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / (circle one) Academic Information Name of High School Current Grade Graduation Date Please list any extracurricular activities you are involved in CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 31 Final Report-June 3, 2022 Please state your interest and/or reason to seek City Council's appointment to any Appointive Agencies: References (Optional) 1. Name(last, first MI.) Relationship to Applicant Phone E-Mail Address 2. Name(last, first MI.) Relationship to Applicant Phone E-Mail Address 3. Name(last, first MI.) Relationship to Applicant Phone E-Mail Address CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 32 Final Report-June 3, 2022 Interests: Please rank up to five Appointive Agencies you are interested in(1 being most interested): CLEAN COMMUNITY COMMISSION Responsible for promoting litter prevention,recycling,beautification and general environmental awareness through educational projects designed to reach all segments of the community. Meetings are held the second Thursday each month at 6:30 pm GREEN RIBBON COMMITTEE Serves in an advisory capacity to City Council on matters relating to the improvement of water quality in the City's waterways,including means of developing property and supporting infrastructure that minimize the use of natural resources,reduce harmful effects on water quality and create healthier environments for people. Meetings are held the fourth Thursday each month from 2:30 to 4 pin HISTORIC PRESERVATION COMMISSION Advises City Council on issues related to the preservation of historic buildings, structures and sites located in the City of Virginia Beach. Members work to preserve,protect and maintain the historic identity of Virginia Beach and the former Princess Anne County. Meetings are held the first Wednesday each month at 5 pin HUMAN RIGHTS COMMISSION Serves as an advisory agency to the City Council with the following duties, powers and functions: (1)to institute,conduct,and engage in educational programs;(2)to serve as a forum for the discussion of human rights issues,and to conduct studies and propose solutions for the improvement of human relations in the city;and(3)to provide assistance to persons who believe their rights have been violated by identifying the appropriate federal,state or local agency to address the complaint and referring such persons to that agency. Meetings are held the second Thursday each month at 4 pm PARKS AND RECREATION COMMISSION Serves as an advisory body by acting as a liaison between City Council,City Manager and Director of the Department of Parks and Recreation and citizens of the City concerning matters affecting parks and recreation policies, programs,finances and the acquisitions and disposal of lands and properties and holding public meetings and exercising influence throughout the City to improve and expand recreational opportunities. Meetings are held the first Thursday each mouth at 3 pm PUBLIC LIBRARY BOARD The Public Library Board has been in existence since the incorporation of the City of Virginia Beach in 1965.The Board is responsible for making recommendations to the Director of Libraries and also to City Council on all phases of library strategic plann ing,policies and issues critical to community goals and aspirations. Meetings are held the second Monday each month at 5 pm CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 33 Final Report-June 3, 2022 Agreement and Signature By my signature to this application, I affirm that the facts set forth in it are true and complete. I understand that if I am accepted as a volunteer, any false statements, omissions, or other misrepresentations made by me on this application may result in my immediate dismissal. I affirm my willingness to complete the City of Virginia Beach Board and Commissions Training Program and I acknowledge the Principles of Service. I further affirm my willingness to fulfill my commitment to actively attend and participate if appointed and to comply with the Virginia Financial Disclosure requirements,if applicable. Full Name(printed) Signature Date Please submit this application via U.S. Mail or Email to: Amanda Barnes, MMC,City Clerk 2401 Courthouse Drive, Suite 281 Virginia Beach, VA.23456 abarnes@vbgov.com CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 34 Final Report— June 3, 2022 City of Virginia Beach Principles of Service These principles shall guide appointees to Boards and Commissions while acting in their official capacity: • To place the best interests of the City above all other interests. • To uphold all laws, regulations,and policies. • To take no action for personal benefit. • To make every effort to avoid a real or perceived conflict of interest. • To avoid disclosure of confidential information obtained in the performance of my duties or in my official capacity. • To exercise prudence and good judgment at all times. • To faithfully and impartially perform my duties,acting with integrity and accountability. • To treat other officials, staff, and the public with respect. • To ensure City resources are used solely for the benefit of the City,and City staff are not given unauthorized directives. • To participate in training and adhere to guidance provided for my role by the City. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 35 Final Report- June 3, 2022 EXHIBIT C - TRAINING MODULES FOR APPOINTEES City of Virginia Beach Citizens Committee on Boards and Commissions Proposed Training Modules for Appointive Agency Members The CCBC has identified topics where training would increase the effectiveness of the City's Appointive Agencies. Surveys of Agency chairs, liaisons, and of localities across the nation, and especially those similar in population size to Virginia Beach, have generated topics that are needed or commonly the subject of such training. Modular training units, often offered online, group related topics together and break the overall training into short sessions. The following outline is a starting point for implementing such a program in Virginia Beach. Whether ultimately delivered via live presentation, online using PowerPoint and/or recorded video, digitally or in writing as a Handbook, or by other methods, the outline may assist City staff in developing content (or repurposing existing materials) by organizing the CCBC's recommendations for training modules, rather than leaving work to begin from a blank slate. Over time sub-topics may be added, changed, or eliminated as the City's needs evolve. a. Virginia Beach Appointive Agency Orientation 1. City Organization 2. Roles of Appointive Agencies (including types) 3. Interacting with City Council 4. Interacting with City Staff & Staff Liaison Role 5. Interacting with the Public b. Public Information 1. Freedom of Information Act 2. Open Meetings 3. Public Records 4. Confidential Information 5. Board advice, City positions & personal opinions (i.e. Media & Social Media) c. Serving with Integrity 1. Ethics Pledge 2. Conflicts of Interest (perceived & actual), and Gifts 3. Disclosures & Abstention 4. City Resources (including use of City Indicia) 5. Solicitation & Nonprofit Supporting Organizations 6. How to Obtain Guidance d. Responsibilities & Procedures 1. Completing Pre-Service Requirements 2. Attendance (in-person and remote participation) 3. Engagement and Preparation 4. Effective Meeting Conduct (including expression of divergent views) 5. Roles reserved to the Chair 6. Required Periodic Filings, and Reporting Changes (contact info, residency, loss of certification/licensure, etc.) 7. Terms of Service, Reappointment, and Ending Service CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 36 Final Report- June 3, 2022 EXHIBIT D - TRAINING MODULES FOR STAFF LIAISONS City of Virginia Beach Citizen's Committee on Boards and Commissions Proposed Training Topics for Appointive Agency Staff Liaisons City personnel designated to serve as Staff Liaisons to Appointive Agencies shall participate in training provided by the City Clerk and the City Attorney. The following are examples of training topics: A. The same training given to Appointive Agency appointees, including these modules: a. Orientation to Virginia Beach Appointive Agencies b. Public Information c. Serving with Integrity d. Responsibilities and Procedures for Appointees B. Roles & Duties a. Clerk's Office b. Appointive Agency Chair c. Council Liaison or Contact d. Liaisons to Other Appointive Agency e. Staff Liaison (incl coordination with supporting Department leadership) C. Meetings & Events a. Public Notice b. Agendas & Standard Meeting Elements c. Quorums d. Minutes e. Procedures for Appointive Agency events other than business meetings D. Appointive Agency Recordkeeping a. Council Ordinances for Appointive Agency (incl Mission & Special Requirements) b. Bylaws & Policies Adopted by Appointive Agency c. Maintaining Complete and Orderly Files (incl presentations & handouts) d. Record Retention & Destruction Policies e. Attendance i. Policy Review (incl Remote Participation) ii. Standard Attendance Record Chart & Data to be in Minutes iii. Assisting the Chair with Policy Enforcement f. Volunteer Hours E. Annual Report a. Due Date b. Format c. Delivery Procedures d. Council Presentations CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 37 Final Report- June 3, 2022 F. Correspondence and Recommendations (formats, cc's, delivery method, etc.) a. to City Council b. to City Departments, Offices, or other Appointive Agency c. to External Agencies G. Appointment Lifecycle a. Recruiting Applicants & Talent Bank Application b. Chair Recommendations of Nominees c. Council Appointment Process d. Post-Appointment Requirements (Oath, Financial Disclosure, etc.) e. Orienting A New Appointee f. Term Lengths, Term Limits & Re-appointment Procedures g. Resignation Procedures h. Student Appointees i. Appointed Liaisons H. Best Practices & Resolving Common Challenges I. Specialized Matters Pertaining to their Specific Appointive Agency J. Obtaining Guidance & Assistance a. City Clerk's Office b. City Attorney's Office c. Other Resources CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 38 rn City of Virginia Beach X [Board/Commission Name] _ co 2021 Attendance Record =-I rn Name Term Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 1 Expire an: 11th 25th 8th 22nd 15`h 22nd 5th 10th 24th 14`h 28`h 12th Present C:onm „it,I1cr 5/31/20?2 I' I' CC A A I' I' \ I' V P I' I' 1' '►%I I 1 rn Commissioner 5/31/2022 I' 1' C P/V P/V P A ' I' I' I' 8/11 Z 0 Commissioner 5/31/2024 I' I' C P P/V P E I' I' P P P 10/11 > . Z Commissioner 5/31/2021 I' P C P A N A N�A N'A !VI A N A N A N.A 4 C) . _ rn C:antmissioner 5/31/2024 I' P C I' I' P A P P/V P/V P/V A ')/I I —I rn C) Commissioner 5/31/2023 A P C P P P P/V P P P P/V I' 10/11 c 73 RI Commissioner 5/31 N/2026 'A N/A C N/A I' P P P P P P I' 8/8 r D () Commissioner 5/31/2026 I' I' C I' I' I' P P E P P P 10/11 rn 0 K This row indicates if there was a quorum; 3 total number of members in person/total 6 - - - (_: 5 - 4 $* - - 2 -* 5/7 5/7 6/7 5/7 5/7 number of appointed members rn rn City Council Liaisons/Department Staff Liaisons O . Z Council Member Liaison P C: P/V I'/V 1'/V P/V P/V r, co Council Member Liaison P P C P l'/V 4 70 0 Staff Liaison P P/V C P P P P P P P P I' I I - T Z Staff Liaison P P C P P P P P P P 'I Q• Staff Liaison I'/V P/V C l'/V P/V P/V P/V 1'/V P s 7D C) Co Key: Present(P) Present/Virtually(P/V) Absent(A) Resigned(R) Excused Absence(E) Cancelled(C) p City Council and Staff Liaisons should be marked either P or P/V,if not in attendance,the block should be blank I vv) If Commissioners participate P/V,it must he annotated in the Minutes where they remotely participated from and the reason—does not apply to City Council or L- O Staff Liaisons. C n z es cm Meetings lacking a quorum of Members attending in-persca should be designated with an asterisk(*) W N 0 co N No N Final Report- June 3, 2022 EXHIBIT F - REAPPOINTMENT REQUEST City Council Appointive Agencies Reappointment Request 4° .. Instructions The Reappointment Request ensures your desire to serve an additional term is known to City Council for their consideration. This request is due to the City Clerk 60 days prior to the expiration of your current term and should be completed entirely. Contact Information Name(Last, First MI): Residential Address: Voting District you live in(1-10): Cell Phone: Email: City Council Appointed Agency Information Are you seeking reappointment? Yes No If yes, please complete questions below: Name of City Council Appointive Agency you are seeking reappointment to: Are you currently serving on any other City Council Appointive Agency? If so, provide the name: If your appointment requires you to have a specific certification/license, residential district, position or role, do you still maintain that requirement? What is the specific requirement?(i.e., licensed engineer/architect, president or member of a specific association or organization, residential district, employment, citizen, specific knowledge/experience) Agreement and Signature By my signature to this form, I affirm that the facts set forth in it are true and complete. I understand that if I am reappointed, any false statements, omissions, or other misrepresentations made by me may result in my immediate dismissal. I affirm my willingness to complete the City of Virginia Beach Appointive Agency Training Program and I acknowledge the Principles of Service. I further affirm my willingness to fulfill my commitment to actively attend and participate and comply with the Virginia Financial Disclosure requirements, if applicable. Signature: Date: CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 40 Final Report-June 3, 2022 City of Virginia Beach Principles of Service These principles shall guide appointees to Boards and Commissions while acting in their official capacity: • To place the best interests of the City above all other interests. • To uphold all laws,regulations, and policies. • To take no action for personal benefit. • To make every effort to avoid a real or perceived conflict of interest. • To avoid disclosure of confidential information obtained in the performance of my duties or in my official capacity. • To exercise prudence and good judgment at all times. • To faithfully and impartially perform my duties,acting with integrity and accountability. • To treat other officials,staff, and the public with respect. • To ensure City resources are used solely for the benefit of the City,and City staff are not given unauthorized directives. • To participate in training and adhere to guidance provided for my role by the City. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 41 Final Report- June 3, 2022 EXHIBIT G - ANNUAL REPORT TEMPLATE ANNUAL REPORT TEMPLATE `ti rkaps, City of Virginia Beach `� ' Xa : [Appointive Agency Name] ‘;'‘'`.....:7:<•,,,`.;-1? 20 -20 Annual Report to City Council Chair: [Name] Date: [Date - due by August 31, unless otherwise specified] Executive Summary During the fiscal year covering the period of July 1, [YEAR] - June 30, [YEAR] the [Appointed Agency] volunteers and liaisons o met [number] times o [if applicable] held additional events and activities Our most significant accomplishments are detailed below, along with recommendations for your consideration. Mission Statement [insert the agency's mission statement here]. Accomplishment of Goals and Objectives Over the past fiscal year the agency, though its appointed volunteers and its liaisons, worked on the following key matters in furtherance of its mission: [include all assignments from Council and a summary of duties performed as required by law] 1. Insert Topic #1 a. Insert data about the plan/project/program, its goal, and its relation to the mission b. If incomplete, explain the status and reasons c. Attach any reports or supplemental materials as an exhibit 2. Insert Topic #2 a. Insert data about the plan/project/program, its goal, and its relation to the mission b. If incomplete, explain the status and reasons c. Attach any reports or supplemental materials as an exhibit CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 42 Final Report-June 3, 2022 3. Insert Topic #3 a. Insert data about the plan/project/program, its goal, and its relation to the mission b. If incomplete, explain the status and reasons c. Attach any reports or supplemental materials as an exhibit Membership and Attendance [Insert the standard membership roster here, including all who served during the Fiscal Year and all liaisons] [insert the standard attendance reports here for the two calendar years covering this reports Fiscal Year] [Insert volunteer hours report] Financial Report (if applicable) [insert the fiscal year financial report here] Goals and Objectives for the Coming Year [insert bullet points & relate to the Mission] Recommendations to City Council [insert bullet points listing specific actions your agency wants City Council to consider regarding your agency, its mission, its effectiveness, addressing its challenges, serving the public in a better manner, changes to laws or regulations, specific plans or projects, and opportunities for consolidation or sunsetting. Include a brief reason for each recommendation.] Additional Information (if desired) [Insert anything else your agency wishes City Council and the public to know.] Closing Should you have any questions or desire a formal City Council briefing from our agency, please contact [INSERT CHAIR and STAFF LIAISON CONTACT INFO]. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 43 Final Report- June 3, 2022 EXHIBIT H - BYLAWS TEMPLATE BY-LAWS INSERT APPOINTIVE AGENCY NAME ARTICLE I NAME The Name of the Organization shall be as established by Section of the City Code of the City of Virginia Beach. ARTICLE II PURPOSE INSERT PURPOSE ESTABLISHED BY CITY COUNCIL ARTICLE III OFFICERS INSERT INFORMATION ON OFFICERS OF ORGANIZATION AND THEIR DUTIES ARTICLE IV ELECTIONS INSERT INFORMATION ON NOMINATION AND ELECTION PROCESS FOR OFFICERS. ALSO INCLUDE INFORMATION ON TERMS OF OFFICE AND HOW VACANCIES ARE FILLED. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 44 Final Report- June 3, 2022 ARTICLE V QUORUM INSERT INFORMATION ON THE QUOROM REQUIREMENTS. ARTICLE VI AMENDMENT OF BY-LAWS INSERT INFORMATION ON THE AMENDMENT PROCESS. ARTICLE VII OPERATIONS AND AUTHORITY INSERT INFORMATION ON THE OPERATIONS FOR THE ORGANIZATION Adopted Approved by City Council CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 45 Final Report- June 3, 2022 EXHIBIT I - MEETING MINUTES TEMPLATE MEETING MINUTES TEMPLATE The regular meeting of the Insert Name of Agency was held on Insert Date at Insert Time a./p.m., at the Insert Location of the Meeting. MEMBERS PRESENT: Insert Names MEMBERS ABSENT: Insert Names LIAISONS PRESENT: Insert Names & Titles CITY STAFF PRESENT: Insert Names & Titles COUNCIL and AGENCY LIAISONS PRESENT: Insert Names CALL TO ORDER Insert name and title called the meeting to order at Insert time. **MINUTES SHOULD BE PREPARED AND FOLLOW IN SAME ORDER AS THE AGENDA MOTION TO APPROVE THE MINUTES FROM INSERT DATE(S) MEETING A motion was made by Insert Member Name, seconded by Insert Member Name, to approve the minutes from the INSERT DATE(S) meeting. The motion passed Insert Vote count or "unanimously". *if vote was not unanimous list members grouped by how they voted Members Voting Aye: Insert Members Voting Aye Members Voting Nay: Insert Members Voting Nay Members Abstaining: Insert Members Abstaining A motion was made by Insert Member Name, seconded by Insert Member Name, to Insert Action of Motion. The motion passed Insert Vote count or "unanimously". *if vote was not unanimous list members grouped by how they voted Members Voting Aye: Insert Members Voting Aye Members Voting Nay: Insert Members Voting Nay Members Abstaining: Insert Members Abstaining CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 46 Final Report- June 3, 2022 CONTINUE MINUTES IN SAME ORDER AS THE AGENDA ADJOURNMENT There being no further business, the meeting was adjourned at Insert time. Insert Signature Insert Signature Type Name of who calls meeting to order Type Name of who prepares Minutes Title Title ATTACHMENTS Attach a copy of any presentations, policies or resolutions that were discussed or approved, and any disclosure or abstention letters submitted by a member (see below). ADDITIONAL INFORMATION TO BE INCLUDED IN THE MINUTES IN CERTAIN CIRCUMSTANCES ABSTENTIONS AND DISCLOSURES If a member abstained from a vote or made a disclosure about his or her interest in a matter that was the subject of a vote, the minutes should include information about the abstention or disclosure. If the member contacts the City Attorney's Office in advance or within 24 hours of the vote, the City Attorney's Office may prepare a disclosure or abstention letter for the member. If the member submits such a letter, the letter should be referenced in the minutes and included as an attachment. If instead the member orally discloses, for example, that she is abstaining because she has a financial interest in the business or land that is the subject of the vote, the minutes need to include the address of the company's primary business location or the address or GPIN of the land. REMOTE PARTICIPATION If the agency has adopted a remote participation policy that enables a member to participate in a meeting via video conferencing or conference call, and a member participates remotely pursuant to that adopted policy, the minutes must include all the information required by the policy, including but not limited to the location from which the member spoke and the reason for the remote participation. VIRTUAL MEETINGS Fully virtual meetings (without a quorum of the membership assembled in a meeting room open to the public) only are allowed by the Virginia Freedom of Information Act in limited circumstances. If the City Attorney's Office has advised that a meeting may be conducted virtually, ensure that the minutes contain all the information that is required by the law(s) that authorized the virtual meeting. Questions may be directed to the Public Policy Attorney or the attorney who advises the agency. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 47 reja,. .A.BE,Qc �fr 4 _ale ��� � k I . to N ,:li2, ub :,_i ye,.......,..4_:, CITY OF ,t........:. VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the City of Virginia Beach Development Authority To Continue Forbearance on the Loan to Vanguard Landing, Inc. MEETING DATE: December 6, 2022 • Background: On December 10, 2013, the City Council appropriated $2,910,000 to the City of Virginia Beach Development Authority (the "VBDA") for the purpose of the VBDA making a loan (the "Loan") to Vanguard Landing, Inc. ("VL") of funds sufficient to allow VL to acquire approximately 74.54 acres of property off Princess Anne Road (the "Property") for the construction of a project that provides residential and employment opportunities for persons with intellectual disabilities (the "Project"). The VBDA authorized the Loan on December 17, 2013 and the Loan was made on February 13, 2014 in the amount of$2,850,406. The Loan was evidenced by a promissory note and secured by a recorded deed of trust creating first priority lien against the Property (each dated February 13, 2014, and respectively, the "Note" and "Deed of Trust"). Repayment of the Note was to be in seven annual installments of $114,016.24, commencing on February 13, 2022, with a final balloon payment of $2,052,292.40 on February 13, 2029. The Note required, among other things, that VL complete construction of at least one residential building on or before February 13, 2019 or the VBDA could declare a default and accelerate all sums outstanding. To date, while VL has sought site plan approval, including a lengthy stormwater process, construction on the Project has not commenced and no residential buildings have been completed. On March 21, 2021, the VBDA notified VL of the default under the Note and agreed to forbear collection for sixty (60) days. That forbearance was extended to the June 15, 2021 meeting at which time the VBDA adopted a Resolution extending the forbearance for one year on the condition that VL make a $500,000 principal payment and submit quarterly progress reports. VL has timely complied with those requirements. Although VL diligently sought approval of its site plan and is working with Virginia Housing to obtain financing for the Project, VL requested a further forbearance from the VBDA at the June 21, 2022 VBDA meeting. The VBDA agreed to extend its forbearance until December 31, 2022 on the condition that VL obtain financing sufficient for the Project and sufficient to pay the Note in full. VL received conditional site plan approval on December 1, 2022, but will not close on its financing before December 31, 2022. ■ Considerations: The attached Resolution requests that the VDBA (i) continue forbearance until the latter of six months after site plan approval (to give time to close on its financing with Virginia Housing) or December 31, 2023, (ii) reinstate the original payment terms of the Note, and (iii) subordinate the lien of the Deed of Trust to the interest of Virginia Housing. ■ Public Information: Public notice provided via the normal City Council agenda process. ■ Attachments: Resolution Requested by Councilmember Henley REQUESTED BY COUNCILMEMBER HENLEY 1 A RESOLUTION REQUESTING THE CITY OF 2 VIRGINIA BEACH DEVELOPMENT AUTHORITY 3 TO CONTINUE FORBEARANCE ON THE LOAN 4 TO VANGUARD LANDING, INC. 5 6 WHEREAS, on September 10, 2013, Deputy City Manager Cindy Curtis presented 7 the Vanguard Landing Development Proposal to the City Council and the request that the 8 City assist in the initial procurement of approximately seventy-five acres to build a 9 residential and employment center for individuals with intellectual disabilities; 10 11 WHEREAS, on November 26, 2013, Deputy City Manager Curtis further 12 presented to City Council recommended actions and next steps to further the Vanguard 13 Landing Development Proposal; 14 15 WHEREAS, on December 10, 2013, City Council unanimously adopted an 16 ordinance to appropriate $2,910,000 from the fund balance of the general fund to the City 17 of Virginia Beach Development Authority (the "Authority") to allow the Authority to lend 18 funds to Vanguard Landing, Inc., a Virginia non-profit corporation, in furtherance of a 19 project that provides residential and employment opportunities for persons with 20 intellectual difficulties (the "Project"); 21 22 WHEREAS, on December 17, 2013, the Authority approved a loan (the "Loan") to 23 Vanguard Landing to allow Vanguard Landing to finance the acquisition of approximately 24 74.54 acres of property off Princess Anne Road (the "Property") for the Project; 25 26 WHEREAS, the Loan, made on February 13, 2014, is evidenced by a promissory 27 note in the principal amount of $2,850,406 (the "Note") and secured by a first priority lien 28 on the Property evidenced by a deed of trust held by the Authority (the "Deed of Trust"); 29 30 WHEREAS, the Loan included Repayment Terms that the Loan would be repaid 31 on a twenty-five (25) year amortization schedule with payments commencing at the 32 beginning of year eight (8) and a final balloon payment due at the end of year fifteen (15). 33 Borrower to repay only the purchase price of the property and not the amount attributed 34 to rollback taxes; 35 36 WHEREAS, the Note contained events of default (the "Events of Default") 37 providing that all sums will be immediately due and payable if (i) no residential buildings 38 are complete (as evidenced by a certificate of occupancy) within five (5) years from the 39 date of the Loan, or (ii) Borrower fails to apply for and diligently pursue all necessary 40 licenses and permits for the operation of the Project, or (iii) the Property is not used in a 41 manner consistent with the proposed Project; 42 43 WHEREAS, on March 11 , 2014, the City Council unanimously adopted by 44 consent, applications of Vanguard Landing at Princess Anne Road for a Conditional 45 Change of zoning from AG-1 and AG-2, to Conditional B-1A on a portion of its Property 46 and Conditional Use Permits re: housing for disabled, commercial kennel, assembly use, 47 indoor/outdoor recreational facilities and horses for hire/boarding, and further authorized 48 and directed the City Manager to execute a Deed of Release and Exchange of an 49 Agricultural Lands Preservation (ARP) easement to Vanguard Landing, Inc., re mixed- 50 use facility at 2020 and 2036 Princess Anne Road; 51 52 WHEREAS, in keeping with the proposed timeline, Vanguard Landing continued 53 its capital campaign, renovated the main house on the property and removed the 54 secondary house; employed the McGladrey Group to conduct a business feasibility study 55 of the proposed business plan, began conversations with the State Department of 56 Behavioral Health and held informational meetings with groups of parents; 57 58 WHEREAS, also in 2014 the City of Virginia Beach began extensive studies of 59 stormwater models and sea level rise; 60 61 WHEREAS, in the Summer of 2016, a series of storms culminating in Hurricane 62 Matthew extensively flooded areas throughout the City of Virginia Beach, with particular 63 flooding occurring in the subdivisions of Ashville Park and Sherwood Lakes, neighboring 64 communities to the proposed Vanguard Landing project; 65 66 WHEREAS, the engineering firm representing Vanguard Landing had direct 67 involvement and firsthand knowledge of the flooding problems and stormwater 68 infrastructure design deficiencies which the flooding in these neighboring communities 69 revealed. Consequently, Vanguard Landing was sagely advised by its engineers that the 70 design of the stormwater system and site plan preparation be halted until the new 71 stormwater design ordinances could be developed; 72 73 WHEREAS, although the main farmhouse had been renovated and has continued 74 to be used as the headquarters for Vanguard Landing, no new structures could have been 75 responsibly built without the benefit of the new stormwater permit requirements; 76 77 WHEREAS, even though, because of unforeseen circumstances, new 78 construction could not occur, Vanguard Landing proceeded with plans necessary to 79 acquire licensure, loan funding applications, and capital fundraising to further prepare to 80 use the property in the manner for which it had been acquired; 81 82 WHEREAS, even though the 2020 pandemic served to provide further unforeseen 83 circumstances that hampered all non-profits in their operations, Vanguard Landing 84 continued its efforts to be ready to proceed when the stormwater ordinances were 85 adopted; 86 87 WHEREAS, on March 21, 2021, the Authority gave Vanguard Landing notice that 88 failure to construct a residential building on the Property on or before February 19, 2021 89 constituted an Event of Default under the Loan, but the Authority agreed to forbear 90 collection efforts for sixty (60) days; 91 92 WHEREAS, on May 19, 2021 the Authority agreed to continue its forbearance until 93 after the June 15, 2021 Authority meeting; 94 95 WHEREAS, on June 15, 2021, the Authority agreed to continue its forbearance for 96 twelve months on the condition that (i) Vanguard Landing make a $500,000.00 payment 97 of principal to the Authority within sixty days of June 15, 2021, and (ii) Vanguard Landing 98 submit quarterly written reports regarding its site plan approval and financing efforts 99 (collectively, the "2021 Forbearance Conditions"); 100 101 WHEREAS, Vanguard Landing made the first required principal payment of 102 $114,016.24 prior to February 13, 2022, as required by the Note; 103 104 WHEREAS, on June 21, 2022, the Authority agreed to further continue its 105 forbearance until December 31, 2022 to allow Vanguard Landing to (i) obtain site plan 106 approval, and (ii) obtain debt financing, and (iii) raise equity sufficient to meet debt 107 requirements, and (iv) using debt and equity obtained to pay the debt to the Authority in 108 full at closing (collectively, the "2022 Forbearance Conditions"); 109 110 WHEREAS, Vanguard Landing has complied with the 2021 Forbearance 111 Conditions but has yet to satisfy the site plan approval condition of the 2022 Forbearance; 112 113 WHEREAS, current principal owed on the Promissory Note is $2,236,389.76; 114 115 WHEREAS, Vanguard Landing's site plan was conditionally approved on 116 December 1, 2022, and based upon its development loan commitment from Virginia 117 Housing it expects to be in a position to close on its financing to construct the Project 118 soon after final approval; and 119 120 WHEREAS, Council is of the opinion that Vanguard Landing should be given 121 additional time to obtain site plan approval and secure funding from Virginia Housing, and 122 should have the original repayment terms of the Note reinstated, and that subordination 123 of the Authority's lien to Virginia Housing is reasonable. 124 125 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 126 OF VIRGINIA BEACH, VIRGINIA, THAT 127 128 The City Council requests and recommends that the Authority (i) continue 129 forbearance of the Promissory Note until six months after site plan approval or December 130 31, 2023, whichever first occurs, and (ii) reinstate the Promissory Note's original payment 131 schedule, attached hereto as Exhibit A, and (iii) consent to the subordination of the Deed 132 of Trust to a lien held by Virginia Housing. 133 134 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 135 day of , 2022. APPROVED AS TO-LEGAL SUFFICIENCY City Attorney's Office CA15820 R-1 December 1, 2022 (wewi ed uoolleq oq u! pepagaa s! 1-Z0Z Jo isn6ny u! pied 000`009$ oq :eToN ) #ZE'Z6Z`Z99`1-$ 6Z0Z 'CI, fuenage PZ'91.0`t7 1.1.$ 8Z0Z `El, fuenageJ PZ'91.0`141.$ LZOZ `CI, fuenaga j PZ'91•0`171.1.$ 9Z0Z `El, fuenage 17Z'91.0`171.1.$ 9Z0Z 'CI, fuenagad tZ'91.0`1714$ 17Z0Z `El, tienage PZ'91.017 1.1.$ EZOZ 'El, tienagaj :ana luawAed :elea 31la3H3S 1N3WAdd d II8IHX3 fict.-:it CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $100,000 of Fund Balance in the Tourism Investment Program Fund and to Increase the Annual Grant to the Neptune Festival MEETING DATE: December 6, 2022 • Background: The Virginia Beach Neptune Festival is operated by Virginia Beach Events Unlimited, Inc., a Virginia nonstock corporation. The Festival's mission is to provide a quality, safe, and diverse mix of events and activities that contribute to the charitable, educational, cultural, recreational, and economic development of the Hampton Roads region. The Neptune Festival produces more than 40 events per year and hosts the well-known Neptune Festival Boardwalk Weekend which begins on the last Friday in September of each year. The 2022 Neptune Festival Boardwalk Weekend marked the 48th anniversary of the Virginia Beach Neptune Festival. • Considerations: The City currently provides an annual grant for the Neptune Festival from the Tourism Investment Program (TIP) Fund in the amount of $275,000. The Neptune Festival has requested an increase of funding. The funding request letter is attached. There is capacity in the fund balance of the TIP Fund to support this request. The letter also requests additional increases in the next two fiscal years as the Festival moves toward its 50th Anniversary in 2024. • Public Information: Normal Council agenda process. • Attachments: Ordinance; Disclosure Form; Funding Request Letter Requested by Councilmembers Berlucchi and Branch REQUESTED BY COUNCILMEMBERS BERLUCCHI AND BRANCH 1 AN ORDINANCE TO APPROPRIATE $100,000 OF FUND 2 BALANCE IN THE TOURISM INVESTMENT PROGRAM 3 FUND AND TO INCREASE THE ANNUAL GRANT TO THE 4 NEPTUNE FESTIVAL 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $100,000 from the fund balance of the Tourism Investment Program Fund is 10 hereby appropriated, with revenue increased accordingly, to the Operating 11 Budget of the Convention and Visitors Bureau. 12 13 2. The annual grant to support the Neptune Festival is hereby increased by 14 $100,000. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: y...,Z.',."- (PAin.r.rglia#4,% Budget and Management Services it o ey's ffice CA15982 R-2 November 29, 2022 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: ILL �,s_ a_ tr.i.L'1/4( SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO1 SERVICE PROVIDER (use additional sheets if needed) { n Accounting and/or preparer of Gt)k4 tA...tx5e,your tax return Financial Services (include a CIlending/banking institutions andAke current mortgage holders as �'` applicable) n Legal Services f aw(s j/it I Broker/Contractor/Engineer/Other I-1 Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understan I am responsible for updating the information provided herein if it changes p or the Council action upon this Application. ( zr/zz APPLI A SIGNATURE PRINT NA / DA E • :"4.: (XXXI) E. M I i P Mr. Patrick A. Duhaney City Manager, City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Dear Mr. Duhaney, The City of Virginia Beach and the Virginia Beach Neptune Festival partnership is one that has been very successful for both parties for 48 years. Over 400,000 citizens and visitors come together each year under the Neptune Festival banner to celebrate our wonderful City. Over the course of this partnership, the Neptune Festival has requested few increases or adjustments from the City, the most recent of which occurred in 2013. Since that time, our schedule of events has expanded significantly, and as a result, our economic return to the City has increased exponentially. On the other hand, the costs of producing events and the Festival, including City service fees, have increased considerably. Therefore, the Virginia Beach Neptune Festival is requesting City funding for a three year period as follows: FY 2022-2023 $375,000 FY 2023-2024 $450,000 FY 2024-2025 $500,000 These funds will allow us to move towards our 50th Anniversary in 2024 in a manner that befits our title of the City's "Official Celebration". A three-year funding ladder will permit both parties to budget properly as we look forward to a brighter future for our community. Enclosed, we have detailed our economic and civic contributions to the City and its citizens, as well as a look at what is to come. We are proud to grow in our service to the City and its citizens. Our partnership with the City is one of mutual trust, cooperation, and benefit. We thank the City of Virginia Beach for its continued support and assistance. Sincerely, Nancy A. Creech David Burton President Chairman of the Board Virginia Beach Neptune Festival 265 Kings Grant Road, Suite 102 I Virginia Beach, Virginia 23452 (757) 498-0215 I www.NeptuneFestival.com I @NeptuneFestival ':ivili CITY OF VI 'GI . IA mo�AC� x . MN � I I EMI reMP A CONTINUED PARTNERSHIP The Neptune Festival is an organization whose sole mission is to serve the City of Virginia Beach, its citizens, and its visitors as the City's "Official Celebration". We are an organization that listens to the wants and needs of our community, and one that will continue to be a source of joy, tradition, and economic support for our City. FESTIVAL ADDITIONS j:, In 2013, the Neptune Festival was awarded an increase in • - - _., , . _funding from the City. Since then, we were able to: Exponentially grow and enhance Neptune's International - �� .. - Sandsculpting Championship -extending the event from just ' '' 1 weekend to 10 days, and bringing world-class sculptors .. . , - from over 11 countries to Virginia Beach At` " r % r = •.. Expand our demographic reach with the addition of wildly :� " ' :'.. - - e popular annual events such as: Neptune's Coastal Craft ' ' _.. Beer Festival, Neptune's Healthy Haven: A Beach Yoga & „ 4 ''# f 1 I it A_• Fitness Experience, Poseidon's Playground: A Free Family Fun '' .!-` at :Zone, Neptune's 8k Race rejuvenation, a Symphony by the ': -. -- .. ---AA, Sea summer concert series, and more • = • - - :_ Promote City endeavors and public relations campaigns, '` . ' t` v., - including but not limited to: Police-to-Public outreach on the - `� I `� boardwalk and in our sand venue, VB Strong sandsculpture -- and ceremony, free sand tickets for City Employees, and an - ',,1 annual celebration of our Hometown Heroes _ `" '', i t i ti. LOOKING AHEAD ..1,_, ...il V.....,.. . The requested increases to our funding will allow us to take L l . real steps towards a spectacular 50th Anniversary in 2024, ♦ r•wr i F , and be able to: 'k`" r a r, 11116:.01.1f illaof Secure larger acts and stage entertainment to compete __A "`i444" -11 with surrounding cities and regions ' . 1 i Enhance existing and develop new events, particularly in .,, -fir, r the shoulder months, including the return of our Seniors Gala : ,; .--' ,, , 1 d. Significantly expand our marketing and outreach programs, -- . " -i` e-. - - and continue to survive in a world of ever-increasing costs 4 i R.. ,1 ; .. «�z� VIF I IA ' EAC' ` 'T� t TIVAL ;Mr ECONOMIC IMPACT BOARDWALK WEEKEND ECONOMIC IMPACT SUMMARY In 2018, an economic impact study was conducted, compiled, and analyzed by Choice Com- munications Systems, Inc. The following numbers reflect the Executive Summary of that study. These figures only continue to grow, as we add and expand to our current slate of events. • $23.5 million economic impact by the Neptune Festival Boardwalk Weekend, in just 3 days • $16.9 million in direct impact by Neptune Festival attendees • $1.19 million in tax impact by Neptune Festival attendees • 405,400 attendees over Neptune Festival Boardwalk Weekend • 52% of attendees are visitors from outside of Virginia Beach • 26,500 room nights generated by overnight hotel attendees • $170 per day spent by overnight hotel attendees • 1 in 4 residents visit the Neptune Festival at least one day • 80% of attendees have visited the Neptune Festival in the past • 8 average past visits attendees have made to the Neptune Festival • 98% of attendees say they will return or may return next year • 4 in 5 visitors came to Virginia Beach specifically to attend the Neptune Festival RETURN ON INVESTMENT The Neptune Festival deeply values its partnership with the City of Virginia Beach, and is proud of the sustained, robust economic value that the City earns from this alliance. In both overall economic impact and direct tax revenue, the investment return is clear evidence of how an annual special event like the Neptune Festival is a significant positive factor. ECONOMIC BENEFIT FROM TOTAL SPENDING CITY INVESTMENT: $1.00 -* FESTIVAL RETURN: $85.00 ECONOMIC BENEFIT FROM DIRECT TAXES (CASH) CITY INVESTMENT: $1.00 —p FESTIVAL RETURN: $4.25 tin VI rGI . IA :i.'”ACri aim. a. �T� - F�I.TIVAL ;Mr COMMUNITY IMPACT NEPTUNE FESTIVAL OVERVIEW For the past 48 years, the Neptune Festival has hosted both residents and visitors for over 40 events throughout the year, culminating in a three day Boardwalk Weekend celebration that attracts over 400,000 people. As a private, non-profit 501(c)(3) organization, it is governed by a volunteer board of directors and is funded by corporate sponsorships, admission tickets, mer- chandise sales and site revenues. - The Neptune Festival is the premier event of the Commonwealth of Virginia, and is recognized as the City's "Official Celebration". In acknowledgment : . : ... of the Festival's enduring impact and dedication to the residents of Virginia r Beach, a 34-foot bronze Neptune statue stands on the edge of the beach i at Neptune's Park. The Neptune Statue has become the icon of Virginia "-- - Beach and is recognized across the country. Funded entirely through private contributions raised within the Neptune Festival family, construction ,0742, '" of the statue did not requirepublic solicitations or a dime of Citymoney. q 7,ii, •`-, ;-- The Neptune Statue was dedicated to the City of Virginia Beach residents and visitors in 2005; a gift equivalent to over $750,000. -,ter,/ '�...-- 1r_ The Neptune Festival is a year-round event business ' 1 411 4 with a $2.1 million operating budget, employing 8 , 1'4 full-time and 3 part-time workers. A loyal volunteer _tit , Y base of over 800 citizens helps the organization plan _ '`1 , li - and execute its events each year, cultivating a .� .4,` strong sense of place and community for those living « �, \.. kot.. • 4 4' 4b.• * pi in Virginia Beach. ,- 7y„ ak - s l -ii y ' By investing in and partnering with other local and �' _ regional businesses whenever possible, the Neptune . Festival spends approximately $1,000,000 with local f �- ` i. businesses, service providers, vendors and suppliers ry " ' t , annually. `� � � Neptune Festival events are a carefully crafted blend of world-class attractions and activities that welcome participation by all. There is no other event that crosses the lines of age, religion, race, social status and income level to provide something for everyone to participate in or attend. Whether it is the senior citizen attending the Seniors Gala, the teenager competing in the surf contest, the visitor drawn by the works of art in the Sandsculpting Championship, or the profes- sional artist displaying their craft on the Boardwalk...from golfers to yogis, craft beer to wine lovers, the Neptune Festival has been welcoming all to Celebrate the Beach Life since 1974. BEYOND THE BOARDWALK: COMMUNITY OUTREACH REVENUE SHARING PROGRAMS The Neptune Festival has established and maintained a distinctive program of cooperation with local charitable organizations - acting as a force multiplier for good by providing unique exposure and fundraising opportunities. Each year, participating non-profits earn much needed funds and exposure through their direct affiliation with the Festival. In 2021, the Neptune Festival was proud to partner with: • EQUI-KIDS, EQUI-VETS • Virginia Beach Police Foundation • Governor's School for the Arts • Town Center Kiwanis Club • Toby's Dream Foundation • Virginia Beach Rotary • Virginia Beach Lifesaving Service • Virginia Musical Theatre, and so many more! MARKETING SPACE PROGRAMS The Neptune Festival helps other non-profit organizations promote their cause to over 400,000 attendees by providing booth space free of charge during Boardwalk Weekend. Organizations given space on the boardwalk have much to gain - animals adopted, donations received, and awareness raised! In 2019 and 2021, the Neptune Festival was proud to share space with: • Al-Anon Family Groups of Tidewater • Pugs U Gotta Save • Asian Community Service Center • Samaritan House • Atlantic Wildfowl Heritage Museum • Sierra Club • Automotive Coalition for Traffic Safety • Southeastern VA Golden Retriever Rescue • Collars for Causes • StandUp for Kids, Hampton Roads • Equi-KIDS/Equi-VETS • Thousand Tree Fund/Planting Shade • Every Snout Counts • VFW Post 4809 • Give Thanks For Life • Virginia Beach SPCA • Marine Corps League • VisitNorfolk • National Alliance on Mental Illness • Weighted Angels RECOGNITION Within the tourism industry, the Neptune Festival Boardwalk Weekend celebration has brought positive recognition to Virginia Beach. It has been recognized as one of the Top 50 Events in the United States (and #1 in Virginia) by the Travel Channel, one of the Top 100 Events in North Ameri- ca by the ABA, and among the Top 20 Events in the Southeastern US by the Southeast Tourism Society. The Neptune Festival Art & Craft Show is consistently ranked in the Top 5 Fine Art & Design Shows in the country by Sunshine Artist Magazine, and its signature event - Neptune's Internation- al Sandsculpting Championship- is world renowned for its quality of art and its ability to attract the best competitors. Through local, regional, and national promotional and marketing efforts, the Neptune Festival continues to bring positive recognition and exposure to the City of Virginia Beach and the region. A y` u f.1.5..• /., ,„:„..........„ ..,,,,,„..„.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring City-Owned Property Located at 3000 Barberry Lane to be in Excess of the City's Needs and Authorizing the City Manager to Sell same to Joseph P. Heilman and Amy L. Heilman PUBLIC HEARING DATE: November 15, 2022 MEETING DATE: December 6, 2022 • Background: In 2005, the City of Virginia Beach (the "City") purchased a parcel located at the corner of Holland Road and Barberry Lane commonly known as 3000 Barberry Lane (GPIN: 1495-41-1172) (the "Lot"), as part of the Holland Road Ph VI Project, CIP 2-158 (the "Project"). The Lot was zoned R5D and consisted of 8,204 sq. ft. The Project was administered by VDOT and the purpose of the Project was to widen Holland Road to accommodate increased traffic. As part of the Project, 2,162 sq. ft. of the Lot was dedicated as right-of-way, Barberry Lane was closed off from Holland Road, a sound barrier wall was constructed, a sidewalk and public utilities were installed in the right-of-way, and several easements for the maintenance of the expanded right-of-way and related improvements (the "Maintenance Easements") were reserved on the Lot. In addition to closing off the Lot's access to Holland Road, the Project also reduced road frontage for the Lot along Barberry Lane to approximately 37.62', and a 1' no ingress/egress easement was reserved on the Lot to restrict access to the Lot. After the Project's completion, the residue of the Lot now contains 6,042 sq. ft. of vacant land, much of which is encumbered by the Maintenance Easements and access restrictions (the "Property"). Joseph P. Heilman and Amy L. Heilman (the "Heilmans") own 3004 Barberry Lane, the parcel that is adjacent to the Property, and have expressed interest in purchasing the Property to be able to build onto their existing home. Although the Property is assessed at $81,000, its appraised value is $9,000, accounting for the Maintenance Easements and deed and access restrictions that will not allow a separate principal dwelling to be constructed on the Property. The Heilmans are offering to purchase the Property for the appraised value of $9,000. • Considerations: City staff reviewed this request and determined that the Property should be sold to the Heilmans. The City will reserve easements for maintenance, utilities, drainage, and access as a part of any sale of the Property. The Property will not be allowed ingress or egress onto Barberry Lane or Holland Road and the Heilmans will be required to resubdivide the Property into their adjacent property to eliminate interior lot lines and create one parcel. The sale will also include a deed restriction that prevents any separate primary dwelling unit from being constructed on the Property. The proceeds from the sale of the Property will be deposited in CIP 100423 (Transportation Safety Improvements). • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and via the normal City Council agenda process. • Alternatives: Deny the request or add conditions as desired by Council. • Recommendations: Approval • Attachments: Ordinance, Exhibit A (Legal Description), Exhibit B (Summary of Terms), Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate\D City Manager:(icy 1 AN ORDINANCE DECLARING CITY-OWNED 2 PROPERTY LOCATED AT 3000 BARBERRY LANE 3 TO BE IN EXCESS OF THE CITY'S NEEDS AND 4 AUTHORIZING THE CITY MANAGER TO SELL 5 SAME TO JOSEPH P. HEILMAN AND AMY L. 6 HEILMAN 7 8 WHEREAS, in 2005, the City of Virginia Beach (the "City") purchased an 9 8,204 sq. ft. parcel located at 3000 Barberry Lane (GPIN: 1495-41-1172) (the "Lot"); 10 11 WHEREAS, the City acquired the Lot for the Holland Road Phase VI 12 Project, CIP 2-158, which was a Virginia Department of Transportation (VDOT) funded 13 and managed project to widen Holland Road (the "Project"); 14 15 WHEREAS, as a result of the Project, 2,162 sq. ft. of the Lot was 16 dedicated as right-of-way for road widening and installation of related improvements, 17 and the 6,042 sq. ft. of the Lot that remains, as more particularly described on Exhibit 18 "A" attached hereto and made a part hereof (the "Property"), is largely encumbered by 19 easements to maintain the expanded right-of-way and related improvements; 20 21 WHEREAS, Joseph P. Heilman and Amy L. Heilman (the "Heilmans") own 22 3004 Barberry Lane, which is adjacent to the Property; 23 24 WHEREAS, the appraised value of the Property is $9,000; 25 26 WHEREAS, the Heilmans intend to build onto their existing home and 27 therefore, desire to purchase the Property for its appraised value of $9,000 in 28 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 29 hereof; and 30 31 WHEREAS, the Project is completed and City Council is of the opinion 32 that the Property is in excess of the needs of the City of Virginia Beach. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 That the Property is hereby declared to be in excess of the needs of the 38 City of Virginia Beach and that the City Manager is hereby authorized to execute any 39 documents necessary to convey the Property to the Heilmans in accordance with the 40 Summary of Terms and such other terms, conditions or modifications as may be 41 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 42 43 Further, that the revenue from the sale of the Property in the amount of 44 $9,000 shall be received and deposited in CIP 100423 (Transportation Safety 45 Improvements). 46 s. 47 This Ordinance shall be effective from the date of its adoption. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2022. CA15584 R-1 9/29/22 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d027\p043\00800432.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY 4,9 P bli Workseal Estate ity orn Office APPROVED AS TO CONTENT e)iddC/CY/' B dget & Management Services , EXHIBIT "A" LEGAL DESCRIPTION 3000 BARBERRY LANE; GPIN: 1495-41-1172: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as "PROPERTY OF CITY OF VIRGINIA BEACH INST. NO. 20050725001138380 D.B. 2578, PG. 704 — (PLAT) GPIN: 1495-41-1172 LOT 347" and further described as "RESIDUAL LOT 347 6,042 SQ. FT. OR 0.13871 AC.," as shown on that certain plat entitled "PLAT SHOWING PROPOSED EASEMENTS AND PROPERTY HEREBY ESTABLISHED AS RIGHT-OF-WAY FOR LOT 347 LANDSTOWN MEADOWS, SECTION FOUR PROPERTY OF CITY OF VIRGINIA BEACH," Scale: 1" = 20', dated April 20, 2021, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 202207000088, to which reference is made for a more particular description. RESERVING UNTO THE CITY that certain public drainage easement designated and described as "PROPOSED PUBLIC DRAINAGE EASEMENT (STATE HWY. PROJECT 0000-134-145,RW-201,C-501)(69 SQ. FT OR 0.00158 AC.)" and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT 69 SQ. FT. OR 0.00158 AC.," as shown on the aforesaid plat. RESERVING UNTO THE CITY that certain sound barrier maintenance easement designated and described as "PROPOSED SOUND BARRIER MAINTENANCE EASEMENT (STATE HWY. PROJECT 0000-134-145,RW-201,C-501) (386 SQ. FT. OR 0.00886 AC.) and further described as "PROPOSED SOUND BARRIER MAINTENANCE EASEMENT 386 SQ. FT. OR 0.00886 AC.," as shown on the aforesaid plat. RESERVING UNTO THE CITY that certain 20' public drainage, maintenance and access easement designated and described as "PROPOSED 20' PUBLIC DRAINAGE MAINTENANCE AND ACCESS EASEMENT 1,998 SQ. FT. OR 0.04587 AC." as shown on the aforesaid plat. RESERVING UNTO THE CITY that certain variable width public utility easement designated and described as "PROPOSED VARIABLE WIDTH PUBLIC UTILITY EASEMENT 893 SQ. FT. OR 0.02051 AC." as shown on the aforesaid plat. SUBJECT TO that certain variable width Verizon South, Inc. easement as shown on the aforesaid plat. SUBJECT TO that certain 1' no ingress/egress easement established on the aforesaid plat. SUBJECT TO that certain residual permanent sign easement established in Deed Book 2578, at page 704 and as further shown on the aforesaid plat. SUBJECT TO any and all encumbrances and easements of record whether or not listed herein. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from John A. Anderson and Beverly L. Anderson dated July 19, 2005 and recorded in the aforesaid Clerk's Office as Instrument Number 200507250113838. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY SELLER: City of Virginia Beach PURCHASERS: Joseph P. Heilman and Amy L. Heilman PROPERTY: 3000 Barberry Lane; GPIN: 1495-41-1172, consisting of 6,042 square feet (0.13871 acres), more particularly described on Exhibit A SALE PRICE: $9,000.00 CONDITIONS OF SALE: • The Property is purchased "AS IS, WHERE IS," and will be conveyed by Special Warranty Deed. • The Purchasers shall provide a $5,000.00 earnest money deposit upon full execution of the Agreement, and the balance shall be paid by the Purchasers at the time of Settlement. • The Purchasers shall, at their expense, resubdivide the Property to incorporate the Property into their adjacent property at 3004 Barberry Lane. • The Purchasers shall reimburse the City of Virginia Beach for the cost of the appraisal of the Property. • The Property will be restricted at sale to prevent additional principal structures or driveways from being constructed upon the Property. • The Purchasers shall adhere to all zoning ordinances and City Code requirements. • The Purchasers shall be responsible for their own closing costs, recording fees, and attorney's fees. • The Purchasers shall be responsible for all costs associated with the abandonment and removal of the water and sewer taps from the Property. Payment of those costs shall be made to the City of Virginia Beach/Department of Public Utilities. • Approval of this sale shall be revoked if closing has not occurred on or before December 31, 2024, unless extended by City Council prior to such date. N Z 1 1 'Po ° W. Verizon ;, variable Width ment W_I� ' sD.L� south,Inc.Ease r lbff: , Si '9044 ;tio� oRo V ss,1�"� ,yo( cu e' ...0 ~t �o NI, y,,, 2 1 0 4 O 1 `° 0 r 1 rn • — Z 1, IS 1 II 0 `/. Potential Purchaser's Property erg jl See Ins _ /. rn ; ao r` cu 4 1 • 1 , 1 1 1 C -- 1 '` 1 €' 1 ,t Legend 1 ♦ 9 1 I 1 8 1 .♦••••.:••••••••,S. % ♦♦♦••♦♦•♦�•'� 1495-41-1172 1 1 ..• ; .� 1 ,'♦ 4. 0.�♦♦♦♦♦j♦♦♦♦ 1° •�•�♦i♦i4�" 1495-41-1101 '1, �♦•��.a>.�1►'�`� " 1 1 '��*♦'�,��►��►����.'. "'' 1 j City Properties Egress Easement Variable Width Utility Easement 1,No Ingress EllPublic Drainage Easement ERR , LN FM 20' Drainage and Maintenance Easement BARB Insert Scale: 1" = 25' Sound Barrier Maintenance Easement �- -- -. Easement Lines LOCATION MAP Note: This property is located EXCESS CITY PROPERTY in AICUZ Noise Zone >_70 dB and <75dB 3000 BARBERRY LANE GPIN OWNER ZONING ADDRESS — GPIN: 1495-41-1172 1495-41-1172 City of Virginia Beach R5D 3000 Barberry Lane I Feet 1495-41-1101 JOSEPH P.&AMY L.HEILMAN R5D 3004 Barberry Lane 0 25 50 100 t ,1 ,., .fi, is.,1 :saortuathtlejelizon ,, , ,11\1111,,w,k, ` �" °;''4,'—''4*''''4:',I^ �' 3yi, \ • vy�4 �t' ..+sfir" ►. .+ A k O 4:, 5, ,. ..f, ----- - Z . , Potential Purchaser's Property , �. \ , Y TA liQ , , 1 -emu T .( ,, _. y1 $ 1 a `G r If� n�M1'L _ * -' ''''l '` : ',„,"'. ' ' '-:' . - 1 9 i .. ' E 1, _ 4 V _------------' , '-' - * --,(', 1.\ \ p 'f 2 ' Legend \ , /\'' , N. ' .. 1 s: I 1 ., t /,' .., , t 1495-41-1172 i140 441„ 1495-41-1101 li i 1 „a. [ I City Properties 4 ' , . Sm.�,_- ..�•r' t j In9ressi Egress 1. Variable Width Utility Easement yp 1 B 20' Drainage Public Drainage Easement N BERRY Di a and Maintenance Easement . •"" Insert %� g A . Scale: 1" = 25' Milt Sound Barrier Maintenance Easementi , ,i4arsaiti„ a - - - Easement Lines �► . � � LOCATION MAP Note: This property is located la ► \' EXCESS CITY PROPERTY in AICUZ Noise Zone >_70 dB and <75dB ` # 3000 BARBERRY LANE GPIN OWNER ZONING ADDRESS �' GPIN: 1495-41-1172 \\ .\ 1495-41-1172 City of Virginia Beach R5D 3000 Barberry Lane Feet 1495-41-1101 JOSEPH P.&AMY L.HEILMAN R5D 3004 Barberry Lane ' 1 % 0 25 50 100 Disclosure Statement 1Vja City ofVityinia Beach Plann ing & Comm l', Develop 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 -Tee— frr \--\��\cr n y Does the applicant have a representative? ❑ Yes No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes C 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-subsidiary1 or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO 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 Wage Disclosure Statement NA3 City of vaginia Beat 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 Ir 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? O Yes XNo • 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 INo • 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 'No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage Disclosure Statement AB City of Virginia Brach 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 XNo • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in conn tion with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes `Ii4No • 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. r i Z-41:-\ Applicant Signatu e (1.75- / .-.. tiliQ l% ?CA;I C,k_ 1-1 t:I!V/(4 e\ 1-\e__k rricY . 1 Pcsickni Print Name and T le kmy Date Is the applicant also the owner of the subject property? 0 Yes XNO ( dill/ -owned pro rerI ) • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name Revised 11.09.2020 Wage Disclosure Statement �' • lani Pnng&Co is ; , — Development F Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 I P a g e 'y¢.. Disclosure Statement City of Virginia __. Planning& Community rv.. Development r«_ Owner Disclosure Owner Name Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e Disclosure Statement \AB City of Virginia * Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage fl INAB- Disclosure Statement City of Vizyinia Bench Planning&Community `'s Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ No • If yes,identify the 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 Print Name and Title Date Revised 11.09.2020 7 I P a g e N i deri* _+ i A� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Shore Drive Corridor Improvements - Phase III Project, CIP 100381 (formerly CIP 2- 117), and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: November 15, 2022 MEETING DATE December 6, 2022 ■ Background: The Shore Drive Corridor Improvements - Phase III Project (the "Project") has been designed to improve safety for motorists, pedestrians, and bicyclists. The Project includes bike lanes, sidewalks, and crosswalks. Property entrances will be consolidated and oriented to the side streets where practical. In areas of known flooding, the roadway profile will be raised. New drainage pipes and structures will be added. Overhead utilities will be relocated underground at intersections and mid- block crossings to improve visibility as well as aesthetics. New streetlights and lower- level pedestrian lighting will be provided. Existing signalized intersections will be upgraded with new uniform mast arm signal equipment. The corridor will remain a four- lane, divided arterial facility with a raised median, with a 35 MPH speed limit. A 5-foot-wide on-street bike lane and a 5-foot-wide concrete sidewalk will be provided along both sides of the roadway within Project limits. The exception is at the west end of the Project, where there will be a 10-foot-wide shared-use path from the Lesner Bridge to Jade Street, to provide a connection to the Cape Henry Trail. The Project first appeared in the FY 2007-08. To prevent construction delays, the City will use fund balance on this Project in place of delayed revenue collection from the Commonwealth until such time as VDOT's new Six-Year Improvement Program is adopted that restores the full amount of revenue sharing to this Project. • Considerations: The Project will require property and easements from 53 privately- owned parcels, one of which has already been secured. Two vacant parcels will be total acquisitions. No residences or businesses are anticipated to be displaced by the Project. • Public Information: Citizen information meetings have been held with various groups, including Bayfront Advisory Committee, Cape Henry Towers owners, Westminster Canterbury, Shore Drive Community Coalition, and Lynnhaven Colony Civic League. A public hearing will be held on November 15, 2022, and public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Ordinance, which will delay the Project. • Recommendations: Approval of the Ordinance • Attachments: Ordinance and Lotation Map Recommended Action: Approval of the Ordinance -AZ( Submitting Department/Agency: Public Works/Real Estate City Manager:pi{) 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE SHORE DRIVE CORRIDOR 4 IMPROVEMENTS - PHASE III PROJECT, CIP 5 100381 (FORMERLY CIP 2-117), AND THE 6 ACQUISITION OF TEMPORARY AND 7 PERMANENT EASEMENTS, EITHER BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation and safety within the City and for other related public purposes for the 13 preservation of the safety, health, peace, good order, comfort, convenience, and for the 14 welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 21 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 22 simple, including temporary and permanent easements and entire tracts upon which such 23 rights-of-way or easements shall be located, within the limitations and conditions of Section 24 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 25 plans entitled "SHORE DRIVE CORRIDOR IMPROVEMENTS - PHASE III CIP # 2-117 26 AND #7-409 PWCN-11-0192; UPC #102739 STATE PROJECT NO. 0060-134-R67" (the 27 "Project"), and more specifically described on the acquisition plats for the Project (plats and 28 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 29 Division, Department of Public Works, City of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be made 32 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 33 offer to the owners or persons having an interest in said Property. If refused, the City 34 Attorney is hereby authorized to initiate, prosecute and settle or resolve proceedings to 35 condemn said Property. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 38 , 2022. PREPARED: 10/20/2022 CA15811 R-1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS/REAL ESTATE CITY TTORNEY N I W -04- E Site r s SHORE DR O GOO �1. fat I1 VIRGIN, BEACH BL � `, Cak�A iiiillfr4.rillr ri lit._14-: 41 es..-.\-'''°C-'\ 111:47:41,11114 OR� �_�gyp'®� v;� s"' �r'"�t \, j r •.13'1�` 110 -{' ..‘., k•ts t -..,-4_ ,.:4 .11; _--- • •- , A .., ; ., 6 11-. 1111 411410.311. 4 iha-4' - $ fe, se., ota eitSfror 11 00, lli Wil lel 110', 0010,,\ S.S<<:_,c..-i, ',,_. t ,?.. 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ENE. �,r _. _. . . ,'a&s, • ' _VC, *' / '' \t s• 414 WgIP-ii! _ •,, a %). 0= ,%,4ts\-. ,.- -\ Sitat_:!*': .. • \\%"'At - ..140-,.tb-' : -1.:' k‘ 0 'a ilti- ' •- CU . . t 14,- A`A":7; "v, •- joit. 11.0 ' a < . • - -1/; �\ . .. s., . :.., ,40 j I whir 4.• 75 ?-: 72- :* • ( ,,,,,,,,,, i:E mar 4 , ify CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way Known as Windsor Crescent, Located at the Rear of 3868 Jefferson Boulevard MEETING DATE: December 6, 2022 • Background: Craig L. Mytelka and Margaret A. Mytelka (the "Applicants") have requested permission to maintain an existing 50 square foot stone patio, an 11 linear foot stone wall, 230 square feet of grassy area, a 49 linear foot 48" PVC fence, a 120 square foot stone patio and fire pit, a 44 linear foot 60" PVC fence, a 56 linear foot 12" stone wall, a 14 linear foot 17" stone wall, 16 square foot brick steps, a 12 linear foot 36" PVC fence, a 10.4 linear foot 27.5" stone wall, 15 square foot stone steps and a 19 linear foot 72" wood fence (the "Temporary Encroachments") within a portion of the City right-of-way known as Windsor Crescent (a paper street containing a beach access), at the rear of their property located at 3868 Jefferson Boulevard (GPIN 1580-20-0169). The Applicants purchased the property in November of 2018 with the encroaching items already existing in their current location. • Considerations: City staff has reviewed the requested Temporary Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are currently similar encroachments within the rights-of-way located in the Ocean Park neighborhood, which is where the Temporary Encroachments are located. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Temporary Encroachments or add conditions as desired by Council. • Recommendations: Approval • Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement Recommended Action: Approval I Submitting Department/Agency: Public Works/Real Estate City Manager: pRb 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS 4 INTO A PORTION OF CITY RIGHT-OF-WAY KNOWN AS WINDSOR 5 CRESCENT LOCATED AT THE REAR OF 3868 JEFFERSON 6 BOULEVARD 7 8 WHEREAS, Craig L. Mytelka and Margaret A. Mytelka (the "Applicants") 9 desire to maintain an existing 50 square foot stone patio, an 11 linear foot stone wall, 230 10 square feet of grassy area, a 49 linear foot 48" PVC fence, a 120 square foot stone patio 11 and fire pit, a 44 linear foot 60" PVC fence, a 56 linear foot 12" stone wall, a 14 linear foot 12 17" stone wall, 16 square foot brick steps, a 12 linear foot 36" PVC fence, a 10.4 linear foot 13 27.5" stone wall, 15 square foot stone steps and a 19 linear foot 72" wood fence 14 (collectively, the "Temporary Encroachments") within a portion of the City right-of-way 15 known as Windsor Crescent, at the rear of their property located at 3868 Jefferson 16 Boulevard; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 27 assigns and successors in title are authorized to maintain the Temporary Encroachments in 28 the Citys right-of-way known as Windsor Crescent, as shown on the map entitled: "EXHIBIT 29 A ENCROACHMENT EXHIBIT OF LOT 6A, BLOCK 57 OCEAN PARK, SECTION C 30 (INSTRUMENT NUMBER 20100819000859920)VIRGINIA BEACH, VIRGINIA", dated 9- 31 2-2022, prepared by MSA, P.C., a copy of which is attached hereto as Exhibit A and on file 32 in the Department of Public Works and to which reference is made for a more particular 33 description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 36 expressly subject to those terms, conditions and criteria contained in the agreement 37 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 38 copy of which has been presented to the Council in its agenda, and will be recorded among 39 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Craig L. Mytelka and Margaret A. Mytelka and the City Manager or his 46 authorized designee execute the Agreement. f 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: J - :-) Xor PU . WOR S, REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY CA 15402 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d020\p042\00832384.doc R-1 November 8, 2022 • II SEE SHEET 2 OF 3 FOR DETAILS OF °Ir6• ; Irtk FEATURES IN ol!aW --, 4 &7 - Iccs RIGHT—OF—WAY o-gq ..., SR/COT o 1 •? •-�; ►,Z?- R=214.08' Vkt g /• i=��• L-36.15' g6- "52.- o � 'X S38'28'00 W ',I' /T� F" e :: ; �5§ 109.53' j 9 , " ; . � oa A ► L2 � vte LOT 5 B' oc` - e R=214,08 (MB 4 PO 195) /0 :> L=40.17' CP/N.• 1580-10-9199 ''%:: ,1 Z2\, �� ;*'� `"k,-P.0 4LEkZ -. \r g� '"Z" FRAME 1-STORY ��%,%"` FRA4lE ti` N IF GARAGE �' 4 :�3�` � 4 CRAIG L MYTELKA k m* Or �'' MARGARET A. MYTELKA Att.�P '� '� 1// 're, � ----"'• -%z"`."' (INST #20181119000951370) `\ ........ .�.....,......• - LOT 6A �p - I . • ������s1i���"�"t• iv) ^� `" o (INST #20100819000859920) �l <7j ;" A PAYERS 10, �' _ ,_',-gyp sq ••• ^� SAND AREA = 6,466 SF �Dy , • 2 (7) / �4- C OR 0.148 AC --------oh, _ �� :. .....: .., z� ;;;,;;;.z:?` 1( v F/ c ) GPIN: 1580-20-0169-0000 R=2,599.15' �e���" '!� �,.ao ��� L=70.01 4',6-,, 420 IH/S IS TO CERTIFY THAT ON DECEMBER M 2020, IC SURVEYED THE PROPERTY SHOW ON THIS PLAT AND 77/AT 11/E 1711E LINES AND PHY5YCAL /YPROtfAfENTS ARE AS SHOWN ON THIS PLAT. THE/MPROtfA1EN13'STAND STR/C7Z Y WHIN THE EXHIBIT A 777L£LINES AND THERE ARE NO ENCROACHMENTS OR RISIBLE£ASEXMEJV13'EXCEPT AS MOWN. ENCROACHMENT EXHIBIT MSA JP'.C. OF LOT 6A, BLOCK 57 p,,TH ply, OCEAN PARK, SECTION C .y\l p (INSTRUMENT #20100819000859920) 1) SEE SHEET 3 OF 3 FOR o -- '� VIRGINIA BEACH, VIRGINIA NOTES, LINE TABLE AND 1111p1s �� •a• M S A,, P.C. CURVE TABLE. '--.- ■■ + 4 / • Environmental sciences•Surveying °JEFFREY J. VIERRETHER t�� II civil&Environmental� Lic. No. 2306 ■■■ d . ■ 5032 Rouse Drive,Suite 200 9/2/2022 ■O ■■ Virginia Beach,VA 23462-3764 ■ �N M 757-490-9264 I www.msaonline.com SHEET 1 OF 3 x1/4° SUR` � �� 0' 25' 50' DATE: 9-2-2022 DRAWN BY: KCR 5i-1#=.! CHK'D BY: JJV FB: CS717, PG 58 GRAPHIC SCALE: 1" = 25' f PROJ NO. 20272 li t . . STONE PAT/0 (50SF) '1�� cf, WALL (11 LF) zI ilg, °5/RD tx l ,i ' � ♦ts.,› *son HOUSE _0`: 5o tvtos4.. 4► \-cLe:\,,<5‹, VEGErA TION m-- a, A ,*SW + T,9 STONE PATIO - = \NS' NALK,N„, =---- --p- <I- 13' --" Iki 1 kk-4‘kZ.\ L 1 ‘Pttt** L, --N ,4 1001 x ''t- -...., Nic o% ftS ' 1 1.-- 4-) q- (`. .. -.4tblocw lii6V4IIIMAV 1 (/' - 41/414%\ 0Sibl • �,p ��. jk NI,$ SAND c..>_, `� 6.2'R �F�� SR/CK STEPS -L2 (16 SF) /3868 -� . --STONE WALL 4 LEVEL N' 14 LF (14 LF) FRAME oT (17"H/OH) #TH Op p b al r _ 1• SAND o 36"PVC-12 LF 5JEFFREY J. VIERRETHER STONE STEPS Lic. No. 2306 x (15 SF) 9/2/2022 iglooSTONE WALL ow ( Inc- 1 ip, 4 � (10.4 LF) ntal sciences �� SURv - EXHIBIT A / iltal i 11 (27.5"HIGH) // 72" WOODENCROACHMENT EXHIBIT / -1 LFOF / LOT 6A, BLOCK 57OCEAN PARK, SECT10N C /t�S, x(INSTRUMENT #20100819000859920) tij� �♦ PA!/FRS ViR INIAonme BEACH, VIRGINIAin ,Ai PATIO �•• 1 s `eying IIISSS �� ,Engineering ■U■ , ■ 5032 Rouse Drive,Suite 200 Ts**, 1) SEE SHEET 1 OF 3 an ■■ Virginia Beach,VA 23462-3764 S* FOR PLAN VIEW.■E 757-490-9264 I www.msaonlme.com 4 .% 20' \* i 2) SEE SHEET 3 OF 3 DATE: 9-2-2022 0 10' j 1 FOR NOTES, LINE & DRAW N :BY: JJV ,f71CRcAGHMENT DETAIL CURVE TABLE SHEET 2 OF 3 FB: CS717, PG 58 GRAPHIC SCALE: 1" = 10' SCALE la= /0' PROJ NO. 20272 UNE TABLE CURVE TABLE UNE # DIRECTION LENGTH CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA L1 S 5114'47" E 3.23' Cl 214.08' 36.15' 18.12' 36.11' S32' 52' 24"E 9'40'33" L2 S 17'45'13" W 1.83' C2 214.08' 40.17' 20.14' 40.11' S21' 31' 279E 10'45'01' C3 30.00' 65.66' 58.13' 53.32' S45' 47' 431W 125'24'14' C4 2599.15' 70.01' 35.01' 70.01' N70' 58' 34"W 112'36" NOTES.. 1. 71//5 SUR1fY WAS PERFORMED IffIHOUT THE BENEFIT OF A TIRE REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SA/0 PROPERTY AS SHOWN. PROPERTY/S SUBJECT TO R/GHT3-OF-H'AY, EASEMENTS, COW?VANTS AND ALL MATTERS OF PUBLIC RECORD. 2 THIS PROPERTY APPEARS TO FALL IN FLOOD ZONE :Y'AS SHOW ON PANEL 0036G OF THE FLOOD INSURANCE RATE MAPS FOR THE CITY OF WRG/N/A BEACH, COMMUNITY NO.: 5155.37,, DATED 1-18-2015 FLOOD ZONE INFORMATION SHOWN HEREON/S NOT GUARANTEED AND WAS APPROXIMATELY SCALED FROM THE FZ OOD INSURANCE RATE MAPS FOR THE CITY INDICATED. USA, P.C. /S NOT A PARTY/N DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOW. FOR FURTHER INFORMATION AND TO CONFIRM THE FLOOD ZONE FOR THIS PROPERTY, CONTACT THE LOCAL COMMUN/TY FLOOD OFf7CIAL. FLOOD ZONE DETERMINATION IS BASED ON THE FLOOD INSURANCE RATE MAPS AND DOES NOT IMPLY THAT THIS PROPERTY Wu OR ihLL NOT BE FREE FROM FLOOD/NG OR DAMAGE J. CURRENT ONNERS PER CITY OF WRG/N/A BEACH TAX ASSESSOR ARE CRA/G L. MYTELKA AND MARGARET A. MYTELKA. SOURCE OF TITLE IS INSTRUMENT/20181119000951370. 4. THIS SURIkEY DOES NOT ADDRESS THE EXISTENCE OR NONEXISTENCE OF WETLANDS, ENWRONMENTAL HAZARDS, CEMETERIES OR ANY UNDERGROUND STRUCTURE NOT OBSERVED DURING THE COURSE OF THE SURkEY. 5 THE PURPOSE OF IN/S ENCROACHMENT EXHIBIT IS TO SHOW THE EXISTING FEATURES LOCATED ON LOT 6A AND THE FEATURES THAT ARE ENCROACH/NO ONTO THE RIGHT-OF-WAY OF WTNDSOR CRESCENT. EXHIBIT A 41)°T ENCROACHMENT EXHIBIT — IF p lib OF LOT 6A, BLOCK 57 _ OCEAN PARK, SECTION C U JEFFREY J. VIERRETHER (INSTRUMENT #20100819000859920) Lic. No. 2306 ViRGINIA BEACH, ViRGINIA 9/2/2022 mU �� �/1 S A., 1).0 iv, -0 ■■ 1 ■ Environmental Sciences•Surveying S U R`I' • 4 1 : Civil&Environmental Engineering mum © ■ 5032 Rouse Drive,Suite 200 DATE: 9-2-2022 1) SEE SHEET 1 OF 3 FOR ■■ ■■ Virginia Beach,VA 23462-3764 PLAN VIEW. ■■ ■I757-490-9264 I www.msaonline.com DRAWN BY: KCR SEE SHEET 2 OF 3 FOR CHK'D BY: JJV 2) ENCROACHMENT DETAIL. SHEET 3 OF 3 FB: CS717, PG 58 PROJ NO. 20272 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this I$TiI day of tTOSFT2 , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CRAIG L. MYTELKA and MARGARET A. MYTELKA, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 6A" as shown on that certain plat entitled: "RESUBDIVISIOON OF LOT 6 AND CLOSED PORTION OF WINDSOR CRESCENT R/W BLOCK 57 OCEAN PARK SECTION C M.B. 5, P. 195 VIRGINIA BEACH, VIRGINIA", Scale 1" = 25', dated March 4, 2010, prepared by Gallup Surveyors & Engineers, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20100819000859920, and being further designated, known, and described as 3868 Jefferson Boulevard, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain an existing 50 square foot stone patio, an 11 linear foot stone wall, 230 square feet of grassy area, a 49 linear foot 48" PVC fence, a 120 square foot stone patio and fire pit, a 44 linear foot 60" PVC fence, a 56 linear foot 12" stone wall, a 14 linear foot 17" stone wall, 16 square foot brick steps, a 12 linear foot 36" PVC fence, a 10.4 linear foot 27.5" stone wall, 15 square foot stone steps and a 19 linear foot 72" wood fence, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (WINDSOR CRESCENT - CITY RIGHT OF WAY, NO GPIN ASSIGNED) GPIN: 1580-20-0169 (3868 JEFFERSON BOULEVARD) WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Windsor Crescent, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT OF LOT 6A, BLOCK 57 OCEAN PARK, SECTION C (INSTRUMENT NUMBER 20100819000859920) VIRGINIA BEACH, VIRGINIA", dated 9- 2-2022, prepared by MSA, P.C., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that 2 within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance 3 policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Craig L. Mytelka and Margaret A. Mytelka, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 4 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 C er MARGAR A. MYTELKA, Owner E OF VIR4IMt4 CIT COUNTY OF i Ix,,t4: , to-wit: The foregoing instrument was acknowledged before me this 041 day\of'"""'""i,,� -s.3 O H/ys I,,/ Ce/P5a— , 2022, by CRAIG L. MYTELKA. •QP��t PUez,O. . ....0.1, _ 0:�r\ ;RAGR .Q _ otary Public ;c-, 2.9 . - MNEALIN Notary Registration Number: dq13-0V," '''�,1 1,1�,`�0 My Commission Expires: -l�-i 2 2.`-t- E OF U/R6/ A- IT COUNTY OF 166, 14 , to-wit: The foregoing instrument was acknowledged before me this iri:okyiss)f 17) 26P2022, by MARGARET A. MYTELKA. J•�He y Notary Public _ .,,o, Notary Registration Number: /i6:94 ;°A/IIIEP:,!-*'\\My Commission Expires: 1G'"/ f I t H 1 6 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM (t,B,)j.Q SIG A URE DANA R. HARMEYER SENIOR CITY ATTORNEY \r4 ?.e.<1 ts-)-c,\:t DEPARTMENT 7 w— SEE SHEET 2 OF 3 o, It E i FOR DETAILS OF .-6- cv FEATURES IN o '��`6% -0. z�• Z s RIGHT-OF-WAY `�'o��q SP r..,..,/GOT w. 8�6, c, ,,., ,4A., /-24R=214.08' 'w '. —PIp --4:1%.-� / ��`. L=36.15 ,N;._q 4V0% S38 28 00 WLI',-,>'/ • F4 <F w‘ ) L2 109.53' ��� .• LOT 5 F (MB5, PO195) he % , \Vi ,L=40.17 GP/N. 1580-1O-9199 \� ' , 2\ \P <F ��o `3868 1" FRA1EV1-STOR :7FRAME 2 G At 4 LEVEL Y 3 4�, Q\�l� N/F GARAGE + •. •' CRAIG L. MYTELKA & MARGARET A. MYTELKA AlfatIMAS �•tt (INST #20181119000951370) q • ............... ,...,, LOT 6A �� 4/1F0 •�.Cove'.� •`v;:::::...:..........•- .,v �, """ o"' (INST #20100819000859920) • ;, PA►i£RS ::• �; Sq�O ' AREA = 6,466 SF • (T�v SAND J OR 0.148 AC �.;.::::::::����""' P/N(F) C� GPIN: 1580-20-0169-0000 __4----0 • ..- •..... ../• '0lgl, L=65.66' R=2,599.15' (2,B .0� L=70.01' S, ,oG, 149, J I Ili'/S/S TO CER77FY THAT ON DECEMBER 17, 2020, i E SURVEYED IHE PROPERTY SHOH7V ON 77//S PLAT AND TEAT THE 1771E LINES AND PHYSICAL IMPROVEMENTS EXHIBIT A ARE AS SHOW V ON THIS PLAT. Th'E/MPROi'EMENTS STAND STR/CTL Y HfTHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OR RISIBLE EASEMENTS EXCEPT AS SHOW. ENCROACHMENT EXHIBIT MSA9 P.C. OF LOT 6A, BLOCK 57 p,1,TH op OCEAN PARK, SECTION C 4( 1,f (INSTRUMENT #20100819000859920) 1) SEE SHEET 3 OF 3 FOR � 0 '�0 VIRGINIA BEACH, VIRGINIA NOTES, LINE TABLE AND - v �• �� M S A., P .C CURVE TABLE. — ■■ .1_ d .4 ■ Environmental Sciences•Surveying °JEFFREY J. VIERRETHER •�� • Civil&Environmental Engineering Lic. No. 2306 ■11■ A . ■ 5032 Rouse Drive.Suite 200 9/2/2022 ■■ ■■ Virginia Beach.VA 23462-3764 NM mm 757-490-9264 I www.msaonline.com SHEET 1 OF 3 AND SUR`JC( 0' 25' 50' DATE: 9-2-2022 DRAWN BY: KCR l!Seii# 1 CHK'D BY: JJV FB: CS717, PG 58 GRAPHIC SCALE: 1" = 25' PROJ NO. 20272 L . ^ STONE PATIO (50SF) F., 'N°'o' cf WALL (11LF) m • i; 0 B/RD %,„...4., � -o /i ��,`�', ��-� VEGETATION o!1 /7- 7. ����� + �� STONE PATIO `� �► N g \,,� �-�` d F/RE PIT `D ; - 5 Ay c'�,, (120 SF) o�- z �, NUj X t�� �� oF` 4****** O \`V X i 1 k.ttki 1S0 ,(. NNk*‘•,1P v.t st‘i :c..1, SAND o , <F 6.2 R oF�� V BRICK STEPS Illp. -L2 (16 SF) /5868 STONE WALL 4 LEVEL 14LF =i (14LF) _..4. TH p1y, FRAME o (17 HIGH) SAL t) 0 6-, .r o — 10 / V3 h�' - V SAND 36"PVC-12 LF JEFFREY J. VIERRETHER STONE STEPS Lic. No. 2306 Alf (15 SF) 9/2/2022 �� STONE WALL � � 0� � iIli (10.4LF�ND E� / 4� A 27.5""H/GH SURD EXHIBIT A 11110114, ( J / 72" WOOD ENCROACHMENT EXHIBIT / -19 LF OF / LOT 6A, BLOCK 57 • x OCEAN PARK, SECTION C //"Si (INSTRUMENT #20100819000859920)% /ASA* PAVERS VIRGINIA BEACH, VIRGINIA , SS��, PAT/0 SSSS• ■ 1V1SA_., P.C . ss����� `w' i v 1 96, U . A ■i Environmental sciences•Su veying ,,,,,,,,, • �- 1 1 ■ Civil&Envimrnnental Engineering• ;,;,,,,,,,j ■.■ ©UM ■ 5032 Rouse Drive,Suite 200 S*Sg% ,,,1 1) SEE SHEET 1 OF 3 ■■ ■■ Virginia Beach,VA 23462-3764 `,,;,;,,1 FOR PLAN VIEW. ■■ ■R 757-490-9264 I www.msaonline.com ,,,,' ‘S% 2) SEE SHEET 3 OF 3 0' 10' 20' DATE: 9-2-2022 FOR NOTES, LINE & DRAWN BY: KCRITWW! : i ENCROACHMENT DETAIL CURVE TABLE CHK'D BY: JJV SHEET 2 OF 3 FB: CS717, PG 58 GRAPHIC SCALE: 1° = 10' SCALE 1"= 10' PROJ NO. 20272 LINE TABLE CURVE TABLE LINE # DIRECTION LENGTH CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA L1 S 5114'47" E 3.23' C1 214.08' 36.15' 18.12' 36.11' S32' 52' 24"E 9'40'33" L2 S 17'45'13" W 1.83' C2 214.08' 40.17' 20.14' 40.11' S21' 31' 27"E 10'45'01" C3 30.00' 65.66' 58.13' 53.32' S45' 47' 43"W 125'24'14" C4 2599.15' 70.01' 35.01' 70.01' N70' 58' 34"W 1'32'36" NOTES. 1. THIS SURREY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY Af/LCT SAID PROPERTY AS SHOWN. PROPERTY IS SUBJECT TO RIGHTS-OF-WAY, EASEMENTS, COPENANTS AND ALL MA//ERS OF PUBLIC RECORD. 2. THIS PROPERTY APPEARS TO FALL /N FLOOD ZONE X'AS SHOWN ON PANEL 00366 OF THE /Z OOD INSURANCE RATE MAPS FOR THE CITY OF l9RG/NIA BEACH, COMMUNITY NO: 515531, DATED 1-16-2015. FLOOD ZONE INFORMATION SHOWN HEREON IS NOT GUARANTEED AND WAS APPROXIMATELY SCALED FROM THE FLOOD INSURANCE RATE MAPS FOR THE CITY INDICATED. MSA, P.C. IS NOT A PARTY/N DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOW. FOR FURTHER INFORMATION AND TO CONFIRM THE FLOOD ZONE FOR THIS PROPERTY, CONTACT THE LOCAL COMMUNITY FLOOD OFFICIAL. FLOOD ZONE DETERMINATION/S BASED ON THE FLOOD INSURANCE RATE MAPS AND DOES NOT/MPL Y THAT THIS PROPERTY HILL OR HILL NOT BE FREE FROM FLOODING OR DAMAGE .3. CURRENT OWNERS PER CITY OF l9RG/NIA BEACH TAX ASSESSOR ARE CRAG L. 4/Y7221(A AND MARGARET A. MYTELKA. SOURCE OF TITLE/S INSTRUMENT/20181119000951370. 4. THIS SURVEY DOES NOT ADDRESS THE EXISTENCE OR NONEXISTENCE OF WETLANDS, ENVIRONMENTAL HAZARDS, CEMETERIES OR ANY UNDERGROUND STRUCTURE NOT OBSERI'ED DURING THE COURSE OF THE SURVEY. 5 THE PURPOSE OF THIS ENCROACHMENT EXHIBIT/S TO SHOW THE EX/STING FEATURES LOCATED ON LOT 6A AND THE FEATURES THAT ARE ENCROACH/NC ONTO THE RIGHT-OF-WAY OF WINOSOR CRESCENT. EXHIBIT A .� ,1,TH P- •l� OF ENCROACHMENT EXHIBIT o LOT 6A, BLOCK 57 AIIIIP.111111160EA OCEAN PARK, SECTION C JEFFREY J. VIERRETHER" (INSTRUMENT #20100819000859920) Lic. No. 2306 VIRGINIA BEACH, VIRGINIA 9/2/2022 �� R� M SA, P C94/, \�'0� ■■ d i i Environmental Sciences•Surveying S U R • : Civil&Environmental Engineering mu Q ■ 5032 Rouse Drive.Suite 200 1) SEE SHEET 1 OF 3 FOR ■■ ■■ Virginia Beach,VA 23462-3764 DATE: 9-2-2022 PLAN VIEW. II ■■757-490-9264 I www.msaonline.com DRAWN BY: KCR SEE SHEET 2 OF 3 FOR CHK'D BY: JJV 2� ENCROACHMENT DETAIL. SHEET 3 OF 3 FB: CS717, PG 58 PROJ NO. 20272 • Encroachment Request — Applicant: Mytelka Craig l . & Margaret A. , ) 1 1 ri , . , ... . • A ' ak„ 'II' 1 i 1; 1.1 1 1 t�iii11t1ia 1 i illitt 1 It t . ,., ........d....--- ioir,iiwp. ,. , ii, It �. . e _.- -. _ _- j'-D.F! tom.... e — .4.4 r - _ • _ -" . ` ' ''' :dim►; _ s�•�f , ` • r• - • -let * • - ' - l 4a • 4 V t \ } - 4 & E 1IU1iEI4ui • Yf ti i%fr",',,A•6110,0111t- - - • 1 • i 11 ' , - ."-..It':-*•- - ,; • i Alt t 77 __ __ . A fit' . t, _ ,,,,, ii„:„.._ m,.. _ • ,. ..„,, . .,,, yam'-_ ;A. '. • -c• --� iiJffffj ma r. - 40,,,,, _ -, -..r.4,v; -,, 4: 11.11111111111 .36•24.- .4 . A i, h ' • u` Encroachment Request — Applicant: Mytelka Craig L . & Margaret A. li �ti 0, �k Oar le ant 1 ) * �; -- . ; i -. 1 1 i ,. . ir...... 1 1II i1 .4 it-.4 ! _ l 'eta ' N. ..:ff., s i iiiitilti . , . * ---. . i IA , 41' ..,-.. * - --:•;'" '..... ..1.- JL It F# it �11 alai 1 . � '" v 1� .' , .. . s - !• ... -4St . . ___.,:r--- --.--,••• - , .„../i - efill17'1 . '' - ' - ' . ._ . _ S :-- ..--,---11:'111.-':- PPP . ram . _R f _ S • - / 1 j d 1 -+�� 4\"\...N '''' ... . -' . _ :::4,-;:.;.::: ' - cit..-__,.. _ --'._.- ': :...-:- ` t �'" _ 10 EX - 4 • • . , . • , . ._, -co - .'ii r k.f---Lt. • • ' ... ..ft I- 4—, 5 • - = ',_,‘--•e,x..1,,,...,,f . . ,.,. 0.411f. - • c ppr �X.G4� r **S , T J _ - //� O �i . • v/ O o r 1�.�; • w w 1— N t NN CD co O ..'�+.� ,► "per 1 a Cl Q I ii, _ co �� lc 1 CV o JC ., i • - ..it. Z Z 2 N O co C? �• p4• . U U Z p s; OQ � — w t`, o -IOC� a g ` W ik Z W , � `{jCr w 0 s tiw-,;(---- p A. 111 4 tiriostriteitiviiiit Illt iii, k -� at'� a 4w� '� �� "�/�7 '.'r •1*+ • <. 1 , -rig4. =J' •' i,,r ..fir : s' '\ t • :I.,:,.....,.�. #, t.8• .. t Pill'. • e- - . ..•,., , ,.. . ... -...„-- *•"/"I-" - . . . , .. ilf /' a •...1a -r . L.t i• 1r- '� ✓. '�V'' - .:e :-ir r ( ., --...:..,.: :7:7: f .. /4,Kir ' '-; h , .'4- '7 .Z7,."4-- --oi. , Y� ,� � ^ Ifpis ':"s 1 #.r -. .s+s3,•-, 4 s ., eir - i� ..,,,.��: r i c- r / r � o fir.I .. ,�. 's' �.3 .':'- z._ f•sV r+ M 4.- ,.-: "!,71::I.) .i. .. ..'`A..*-4:iii.::—-,4., c) co • ( I. ' '''ii.:•1. .:::::f...41..1.1:::::‘.1:1-,_i:l.....,.c., , - .. CO , 111 A/A '''...ct 4filY IltP.t.ii Ilk." N'' • f a' \ C d ' PF . ., ._ CO'� ^�� A,. CD i d-4-4 Ca a.. r `� ` } a 't. CV cm '---, ...- . ---,*4--. .. -- 14.,...,, _44 r ... 46 �T --- - ' -,4.b frci U ak r3) 0 "0 _ _ W 2 • a) W - SITE s T -V\ 'CiN P"). ,---_,, _ SHO► n R Ch/ /-) / Or? gkFegY it f/ / 2 o 0 0 7J-- -_, cc‘ _ -73 \i clA 2—\ /, i `_/ JEFFERSON e CVp --- ! � 1 z ----. — / r---________I / ki I �� LOCATION MAP ENCROACHMENT REQUEST Legend ! OWNER: CRAIG L. AND MARGARET MYTELKA 1580-20-0169 L.......di- G PI N: 1580-20-0169 0 25 50 100 Feet City Property /'', Prepared by P.W./Eng./Eng. Support Services Bureau 08/13/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\1580-20-0169\1580-20-0169 Revised.mxd Disclosure Statement \43 City of Viryinin Bart 4 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 Craig and Margaret Mytelka Does the applicant have a representative? 0 Yes I 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) • If yes, list the businesses that have a parent-subsidiary1 or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(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. 11Page Disclosure Statement City of Virginia Reath 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 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-collateralizatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the financial institutions providing the serice. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes I No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 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 I No • If yes,identify the purchaser and purchaser's service providers. 2IPage Disclosure Statement Mii City ctV rginia Bad { Planning&Community Y�.... - Development s 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? D Yes I No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? I Yes ❑ No • If yes,identify the firm and individual providing the service. MSA, P.C. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? I Yes ❑ No • If yes,identify the firm and individual providing the service. Williams Mullen 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 provide herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public bod or commit a in co ection with this application. )2,7 f Applicant Sig to e Craig and Margaret Mytelka,Owners Print Name and Title November 7,2022 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 changes as of Date Signature Print Name 3IPage • Disclosure Statement City '�5 - Planning&Community Development Continue to Next Page for Owner Disclosure 4IPage Disclosure Statement 'NB City of Viryinia Bench - - - - - Planning&Community Development Owner Disclosure •} " Owner Name City of Virginia Beach Applicant Name Craig and Margaret Mytelka Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes I No • If yes, list the names of all officers,directors, members,trustees, etc. below. (Attach a list if necessary) • If yes,list the businesses that have a parent-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 I No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"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. 5IPage Disclosure Statement1B City,J Virginia Mew Planning &Community ,--� .z 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 I 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 Ai No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes © No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? El Yes A No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? El Yes D No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes © No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to oe operated on the property? I Yes ❑ No • If yes,identify the firm and individual providing the service. MSA, P.C. 6 Page Disclosure Statement1/3 City of Virginia Beach 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? J Yes ❑ No • If yes,identify the firm and individual providing legal the service. Williams Mullen 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 bod 'or committee in co nection with this application. i Own- %gna W y Craig&Margaret Mytelka Print Name and Title November 7,2022 Date 7Hage , , • ,...1,.. 7 r 4�` ::1 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Authorize Temporary Encroachments into a portion of City- owned property known as West Canal, located at the rear of 2304 Windward Shore Drive MEETING DATE: December 6, 2022 • Background: Steven P. Donovan and Betty Donovan (the "Applicants") have requested permission to maintain the existing vinyl bulkhead, to construct and maintain a vinyl bulkhead, wharf, and four pile boat lift (collectively, the "Encroachments") into City-owned property known as West Canal, located at the rear of their property at 2304 Windward Shore Drive (GPIN: 2409-08-2917). • Considerations: City Staff has reviewed the Encroachments and recommends approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in West Canal, which is where the Applicants have requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: W71 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS WEST CANAL, 7 LOCATED AT THE REAR OF 2304 8 WINDWARD SHORE DRIVE 9 10 WHEREAS, Steven P. Donovan and Betty Donovan (the "Donovans") have 11 requested permission to maintain the existing 160 LF of vinyl bulkhead, to construct and 12 maintain 160 LF of vinyl bulkhead, a 6' x 40' wharf, and a 13' x 13' four pile boat lift 13 (collectively, the "Encroachments")within the City's property known as West Canal, located 14 at the rear of their property at 2304 Windward Shore Drive (GPIN: 2409-08-2917); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Donovans, their heirs, 25 assigns and successors in title are authorized to construct and maintain the 26 Encroachments within the City's property as shown on the map entitled "EXHIBIT 'A' 27 ENCROACHMENT REQUEST FOR AN EXISTING BULKHEAD, PROPOSED BULKHEAD, 28 WHARF, & FOUR PILE BOAT LIFT FOR: STEVEN P. & BETTY DONOVAN LOT 48, 29 SECTION 1, BAY ISLAND 2304 WINDWARD SHORE DRIVE M.B. 45, PG. 37," having a 30 Scale of 1" = 40', dated May 4, 2022, and prepared by Waterfront Consulting, Inc., a copy 31 of which is attached hereto as Exhibit A, and on file in the Department of Public Works and 32 to which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 35 to those terms, conditions and criteria contained in the agreement between the City of 36 Virginia Beach and the Donovans (the "Agreement"), an unexecuted copy of which has 37 been presented to the Council in its agenda, and will be recorded among the records of the 38 Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Donovans and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 20 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: U LIC WwRKS, REAL ESTATE A ER SENIOR CITY ATTORNEY CA15585 R-1 Prepared: 10/31/22 c:\users\ccvaughan\appdata\local\microsoft\windows\inetcache\content.outlook\2r8psed8\00840735.doc e DONOVAN ENCROACHMENT EXHIBIT �t�`7��•�� N J EX. BKHD & ti p o WEST CANAL RIPRAP OF p'�O'�' 4\c Q0�") w�� E ooZ�m WARREN LOT 50 .R. ,y� 1 i 0 N/F BRIAN B. AND MICHELLE \\.c1Oor°� e S i ' N/F CITY OF J. WARREN �.� �o5°)�,�0�''QC � VIRGINIA BEACH GPIN:24090931080000 ��0�`'��ti �O ��, M.B. 45, PG. 37 MANMADE CANALS NST:20070301000281050 Q c�'�' , IN BAY ISLAND M.B. 45, PG. 37 REMOVE EX. - _ - EX. PIER & FLOAT MOORING PILES, 155.7' ' OF McMEEKIN BOAT LIFT, & A / WHARF EX. LIFT OF 13' PROPOSED WARREN PROPOSED -113' '- .ft BOAT LIFT o WHARF CD 2S� CO ih: 5------- -- -------_____.!It 1 ------- nC;P ' _ t PROPOSED BULKHEAD �` ' S 86°4O'42" ET------ - - - i OF MADDEN/THOMAS / N 138.69' PPF o ; EX. LIFT, WHARF, UNDER SEPARATE JPA \ \ REMAIN EX. BKHD TO g �(-.1 PROPOSED 160 LF OF & BKHD OF YANCEY \ o VINYL BULKHEAD WITH N 56 07 18 E (2) 2 LF RETURN WALLS LOT 47 PF 18.79' LOT 48 Ln\ z D z N/F CHRISTOPHER R. MADDEN N/F STEVEN P. & BETTY DONOVAN °‘ z T AND RAYA LYN THOMAS \\ GPIN:24090829170000 2,` W o z = z GPIN:24090809920000 INST:20170705000560270 �10 \ 1- K, I Z rINST:202103062103 e\21j � M.B. 45, PG. 37 v O M.B. 45, PG. 37 \�,,, �° '' 1` -0 8 z D `�° e� Ceps �� W u'' � o° Dn T �� 00 o ``\�p,L H ��. • \� oOZrn `P \� J N O -< � `/,� \ , 0-- O_ F' O m __., ,E)A c� v \FLe? S N r.. SEAN E. GREEN \ ,23� - • 1� o Llc. No. 0402064005 ���.t .• ,+••-, 1, - ---/_ 7 L_-- w '`F 9/24/22G��7� \io, \ PF �, SS/ONAL EN \ C1 �o 0 1- J904.55' p0 ;_ \ /'. 160' , U-E �j0 L9 1. THIS PLAN WAS PREPARED WITHOUTTHL_BENEFIT L=125.00 C,R J OF A TITLE REPORT. \\ COMP p,55 RE���� Q 2 REIS EXHIBIT IS UEST ONLYINTENDED FOR AN ENCROACHMENT �Q S\�1�5'QG 31 Q PF O�P M g. U 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING \N REF' Z MONUMENTS COMBINED WITH THE COMPILATION O DEEDS AND P ,TS 0 40 80 L7 SHOWN HEREON AND DOES NO CONSTITUTE A BOUNDARY SURVEY. IMWIMilMOMMONOMMEI Z 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION -, OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. SCALE: 1" =40' n z CURVE CHORD CHORD BEARING DELTA o , .� WATERFRONT z :. � � CONSULTING, INC. C1 124.89' N 71°54'28' " E 07°55'02" o 2589 QUALITY COURT, SUITE 323 EXHIBIT 'A' - ENCROACHMENT REQUEST cc VIRGINIA BEACH, VA 23454 FOR AN EXISTING BULKHEAD, PROPOSED Q PHONE: (757) 619-7302 ENGINEERING SERVICES PROVIDED BY: BULKHEAD, WHARF & FOUR PILE BOAT LIFT N STONE GREEN CONSULTING, LLC FOR: STEVEN P. & BETTY DONOVAN 4014 MEDINA ROAD#1015,AKRON, OH 44333 LOT 48, SECTION 1, BAY ISLAND 2304 WINDWARD SHORE DRIVE ‘0 (330) 883-2117 M.B. 45, PG. 37 MAY 4, 2022 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 20by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STEVEN P. DONOVAN and BETTY DONOVAN. husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee" even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "48" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated February, 1958, and prepared by Frank D. Tarrall, Jr. &Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2304 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain the existing 160 LF of vinyl bulkhead, to construct and maintain 160 LF of vinyl bulkhead, a 6' x 40' wharf, and 13' x 13' four pile boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: NO GPIN ASSIGNED (CITY PROPERTY KNOWN AS WEST CANAL) 2409-08-2917 (2304 WINDWARD SHORE DRIVE) 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as West Canal, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 .00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR AN EXISTING BULKHEAD, PROPOSED BULKHEAD, WHARF & FOUR PILE BOAT LIFT FOR: STEVEN P. & BETTY DONOVAN LOT 48, SECTION 1, BAY ISLAND 2304 WINDWARD SHORE DRIVE M.B. 45, PG. 37," having a Scale of 1" = 40', dated May 4, 2022, and prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Steven P. Donovan and Betty Donovan, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 STEVE . ONOVAN, Owner BETTY ONOV N, Owner STATE OF Virg Jo/ CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this , j day of n(' , 20aby Steven P. Donovan and Betty Donovan. ,,,,,,,,,,,,,, Elaine i ' NOTARY _ PUBLIC ,��� n REG.#7561600 Q - ►► ` r SEAL) • MY COMMISSION 2 S • EXPIRES _ : 'tary Public • 08/31/2024 (� .••' �� Notary Registration Number: s-11(jon My Commission Expires: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 41_\, Lle__6,_Q NATURE . ARMEYER SENIOR CITY ATTORNEY Ni Pod l74-c DEPARTMENT 7 DONOVAN ENCROACHMENT EXHIBIT ���� � N � ANAL EX. BKHD& �°'N, \p `4 41 ��m WEST C RIPRA OF LOT 50 �O �• ,p �� w E o02 WARREN N/F BRIAN B. AND MICHELLE Q• `b 10 .A. \Q' Q- ��' q'' Al /, ' N/F CITY OF � c: J. WARREN \� Q C°) p') 0• 5 � VIRGINIA BEACH 'v---V=• GPIN:24090931080000 � � �c �� Q K� 94Zty. ,.. \ �c. 'y p MANMADE CANALS '-,_;; ��; � -�-�• NST:20070301000281050 P�p�Q\�`',`• �� M.B. 45, PG. 37 IN BAY ISLAND •��' M.B. 45, PG. 37 / REMOVE EX. - - - _ _ EX. PIER & FLOAT MOORING PILES, 155.7' 9 ' OF McMEEKIN BOAT LIFT, & A EX. LIFT OF / WHARF WARREN I. 13' PROPOSED PROPOSED o013 �M � I WHARF '-' ' '"" 1r1 BOAT LIFT1141 o tip 00ir, ' „ -- - ,� _ PROPOSED BULKHEAD p, - • S 86'40'42" ET---- 138.69' - PPF Ilf OF MADDEN/THOMAS ' in N EX. LIFT, WHARF, EX. BKHD TO o Qi & BKHD OF YANCEY UNDER SEPARATE JPA REMAIN `'n N PROPOSED 160 LF OF / VINYL BULKHEAD WITH N 56o 07 18 E (2) 2 LF RETURN WALLS LOT 47 ID 18.79' LOT 48 LP\ z D z N/F CHRISTOPHER R. MADDEN N/F STEVEN P. & BETTY DONOVAN °\ Z T AND RAYA LYN THOMAS \ \ GPIN:24090829170000 0 o z = z GRIN:24090809920000 2 INST:20170705000560270 �\ a' CO D Z r INST:202103062103 \�''�° M.B.45, PG. 37 •- Po ■��•`■■ a Q z p` o O -< M.B.45, PG. 37 �,, .4' \ m8wrDto� em • w wo cx L T H � u'. � . /';, � , \ ,'. / ' 1 >rx_t _ ,14 C° \,,1 0 8 2 p cP 11. 16\ o �' SEAN E. GREEN ' • o Lic. No. 0402064005 `-7 ice\ a �_. ' ! -cl' ---7- \C2' Ilrft"" ,__ __,- v, IFS 9/24/22 G\' ' - # PF S/O N A L �-� Cl ,.�' n prey, I F \ R_L904.55P . ' 16p.��C`E ' -' lt�Q`1 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT L=125.00 SS \\JG OF A TITLE REPORT. �\ ' •� COMP P OkE Q� -' 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT O S� PG•'' REQUEST ONLY. PF � N PR Me.Q5' U 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING \N REF' Z MONUMENTS COMBINED WITH THE COMPILATION O DEEDS AND P £TS 0 40 80 L.6 SHOWN HEREON AND DOES NO CONSTITUTE A BOUNDARY SURVEY. Z 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION J OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. SCALE: 1"=40' m z CURVE CHORD CHORD BEARING DELTA Z 07 WATERFRONT z A``__/ CONSULTING, INC. Cl 124.89' N 71°54'28' " E 07°55'02" cc o 2589 QUALITY COURT, SUITE 323 EXHIBIT 'A' - ENCROACHMENT REQUEST cc VIRGINIA BEACH, VA 23454 FOR AN EXISTING BULKHEAD, PROPOSED a PHONE: (757) 619-7302 ENGINEERING SERVICES PROVIDED BY: BULKHEAD, WHARF & FOUR PILE BOAT LIFT N STONE GREEN CONSULTING, LLC FOR: STEVEN P. & BETTY DONOVAN 0 4014 MEDINA ROAD #1015,AKRON, OH 44333 LOT 48, SECTION 1, BAY ISLAND 2304 WINDWARD SHORE DRIVE `0 (330) 883-2117 M.B. 45, PG. 37 MAY 4, 2022 J • 6 "tiV i4:1" 1 tio.-- ,,,,-..,„-A*4 A _ ,,,P r�� fir; a �► . vio,N--t. ii-,...i. _' --..- ... 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Z Z 0 -y OQwoa , 4., '" ,/ a J O > z O COMPASS CIR H V o z .1 o w CC • el 1. 4 /4 I Y N h - 1,44... et -41101101 \ A I.* 16,Apt , ' ;-.1.1 . 1 r „ie.,.• _ .. .ii,„, ,._ , ......,, , „...._ . 4. 44 ••,- - r_ _ (Z5 .. . 4 it ` , ui► v ,......,.2.-111.' , • .i ..,,:Air , . --, I 4% - \ ..,,,, _. __,.... . . • . -.--.. ._ ,_.,; . 0, ilk-- .... ,_ , -, - • 46.0i. . n T \r �• t. +1� ` a J g N SHORF DR `;r E / S 07ITF 1P P' )<SP9 2409-08-2917 'rD ,n 't. i `r0 �O�' LOCATION MAP o�P ENCROACHMENT REQUEST �1�� FOR STEVEN & BETTY DONOVAN Legend 2304 WINDWARD SHORE DRIVE City Properties GPIN 2409-08-2917 Feet C:I 2409-08-2917 0 50 100 200 ttrenared by P W/Eno/Eno. unnort Services Rureau 01/040077 Y\( Artn\PrniPrtc\APr.. rilPc\A(:rKr1A MAPS\�df14_f F-')41 Disclosure Statement 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 _S rve"-) r 'Sc f b N 4-,A Does the applicant have a representative? .des ❑ No • If yes, list the name of the representative. c OF-PT E 5 ►' ( tit)t ee& t2‹. C Chkis tA-1-7,A.JC— VIA ) Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes o • If yes, list the names of all officers,directors, members,trustees,etc.below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. 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 Wage Disclosure Statement Nii3 City of Virginia Bar, Aa :. .. -. Planning&Community "'=� Development i .. ' 0. ‘,..---4..... f - 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 firNo • 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? 12 Yes FrNo • 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 p-No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provide in connection with the subject of or anybusiness operating or to be operated on theproperty? ❑ Yes . No the application p g p • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ' J1 Jo • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement City of Virornio Beach 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? (eS ❑ No • If yes,identify the company and individual providing the service. C \ tin Rum-c\ LL d Ica Inc M-V 7. Does the applicant have an engineer/surveyor/agent/a in connection with the subject of the application or any business 1�9 operating or to be operated on the property? Yes ❑ No = If yes,identify the firm and individual providing the service. Wtrceik r.;c CZ:CN1 Stiic.�\ — lN' L R)‘3 SLMO!J 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 or com ee-m-corm with this application. Applicant Signature ,� ,�/ � C Print Name and Title C �( ko( Date Is the applicant also the owner of the subject property? Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 P a g e Disclosure Statement ati oirvVinia B • Planning&Comm l `.♦ u.63"`_ - Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 Wage eu ems, f1/47.....„. „deM CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the TIP Fund and to Authorize the City Manager to Execute a Sponsorship Agreement with Something in the Water, LLC MEETING DATE: December 6, 2022 ■ Background: In 2019, Mr. Pharrell Williams conceptualized and produced a successful inaugural Something in the Water Festival that focused on welcoming visiting college students, local residents, and guests from outside our region to the Virginia Beach Oceanfront. The 2019 Something in the Water Festival was a positive, multi- faceted festival composed of top-tier music performances, in-depth panel discussions on innovation, sports activities, local art, health and wellness. The Festival was held during the last weekend of April, a weekend previously referred to as College Beach weekend. An economic impact analysis and after-action report were briefed to the City Council in October 2019. The inaugural Something in the Water Festival generated more than $21.7 million of economic activity and resulted in more than $1.1 million of tax revenue to the City. The City and the Festival desire to bring Something in the Water back to Virginia Beach in April 2023. The proposed City financial sponsorship will provide the "but-for" admissions, meals, and local sales taxes to the Festival. Additionally, the City will provide in-kind services to support the Festival. The Summary of Terms for the sponsorship is attached as Exhibit A. In order to allow the City Manager to execute the sponsorship agreement there is an appropriation of fund balance from the TIP Fund. The actual amount of the financial sponsorship will be determined based on the actual admissions, meals, and local sales taxes generated by the Festival. Therefore, the amount of funds appropriated in the attached ordinance represent a budgetary amount that will be adjusted when the actual performance of the Festival is known. • Considerations: The Something in the Water Festival presents a unique opportunity to provide positive social programming for visiting and local young adults and elevate Virginia Beach to international prominence as a cultural hub of music, art, technology and more. In addition to economic impact, the Something in the Water Festival has started to show priceless, long-term distinguishing impacts ranging from cultural enrichment to social cohesion to workforce development to positive regional branding. The attached ordinance expresses the Council's support for the Something in the Water Festival in the form of a proposed sponsorship agreement between the City and Something in the Water, LLC. This arrangement will provide financial, facility, public safety, and operational support for the Festival. • Public Information: Normal Council Agenda process. This item was subject to a public comment held on November 15, 2022. • Attachments: Ordinance; Exhibit A (Summary of Terms); Disclosure Form Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager: PA 1 AN ORDINANCE TO APPROPRIATE FUND 2 BALANCE OF THE TIP FUND AND TO AUTHORIZE 3 THE CITY MANAGER TO EXECUTE A 4 SPONSORSHIP AGREEMENT WITH SOMETHING IN 5 THE WATER, LLC 6 7 WHEREAS, the City wishes to support the Something in the Water Festival (the 8 "Festival") for April 28-30, 2023 by being a sponsor of the Festival; 9 10 WHEREAS, the City desires to increase its partnership with the Festival above 11 what was provided previously to the Festival to further indicate its support; and 12 13 WHEREAS, the general outline of the sponsorship is set forth in the summary set 14 forth in the attached Exhibit A; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, THAT: 18 19 1. $2,000,000 is hereby appropriated from the fund balance of the TIP Fund to 20 support the City's financial sponsorship of the Festival consistent with the terms 21 of the sponsorship agreement. The City Manager is authorized to transfer 22 amounts previously appropriated within the TIP Fund in the event the financial 23 sponsorship exceeds this appropriation notwithstanding the transfer limitation in 24 the Annual Appropriation Ordinance. Any such transfer shall be reported to the 25 City Council prior to the end of the month during which the transfer occurred. 26 27 2. The City Manager is hereby authorized to execute a sponsorship agreement 28 between the City and Something in the Water, LLC, in a form acceptable to the 29 City Manager and approved by the City Attorney, consistent with the attached, 30 Exhibit A Summary of Terms. The City's monetary sponsorship shall be tied to 31 the performance of the Festival and not the amount appropriated herein. 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 the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and anagement ervices of the City Attorney CA15968 R-1 November 2, 2022 EXHIBIT A SUMMARY OF SPONSORSHIP SOMETHING IN THE WATER FESTIVAL 2023 Purpose: To have a multi-cultural, multi-faceted Festival (the "Festival") the last week of April (April 28-30, 2023) at the Oceanfront from 4th Street to 15th Street. Parties: City of Virginia Beach("City")and Something in the Water,LLC ("Producer") City Financial Sponsorship: City to provide the "but-for" admissions, meals, and local portion of sales taxes for activities within the footprint of the Festival. The "footprint" includes 4th Street to 15th Street and online ticket sales. The City to provide an advance of $500,000 to provide support for marketing by Producer, and such amounts to be withheld from the final calculation of the sponsorship. The Producer will provide point of sale information to the City to assist in the calculation of the sponsorship,and such amounts to be paid to Producer after the Festival is completed and the Producer has delivered the agreed-upon program. City In-Kind Contributions: Use of various resort stages for concerts Use of agreed upon public parking lots for direct Festival support and rideshare City Public Safety and Public Works personnel already programmed for College Beach Weekend City support of Producer's request to the School Board for use of buses Availability of the Convention Center for use by Producer. Responsibilities of the Producer: Create a festival with the general outline as follows: o Where young people will meet others who are pushing business and culture forward o Where they'll come to experience music, food, sports,technology, and most importantly, what's next. o Where these bright young minds may find their first job out of college,or they will be inspired to start a company of their own Provide Festival attendance and sponsor information for safety/security and economic impact purposes. Dom Sign Envelope ID:E2270288-E137.4E15-BAA1-784788411FB7 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: SOMETHING IN THE WATER,LLC SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if Tad needed) En 0 Accounting and/or preparer of ww Iranick your tax return '�a Financial Services (include D ❑ lending/banking institutions and LNEFINNAAl1NON WORLDWIDE INC.. current mortgage holders as applicable) BERKELEY RENHOLD i ❑ Legal Services LEGAL FOR SOMETHING IN THE WATER 310004116 INFO lEY.LA /� %Nt(6RATf 0 p'IAN'6C.91.4T 610`'r Broker/Contractor/Engineer/Other s'M 6"d". _44,111'1 COService Providers 7S 7- 33,3 a C 4 A RNNA/t.1G n' s.qT LA,S iN yin on e.g 4- Ciro iv TL,i cfb es. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. � 7 n ,...4.i',,r,-,i9, /4/4/ gfrc.0,94,0L0 APPLICANT'S FFE4,9 Z/y C er.A/G PRINT NAME 1 DATE A OS ••/y...�.L� e` 7 lit , CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate State Funding from the Virginia Department of Transportation for Roadway Work MEETING DATE: December 6, 2022 • Background: The City of Virginia Beach receives funding from the Virginia Department of Transportation (VDOT) annually for the maintenance of roads based on a distribution formula based upon eligible lane miles. The City's share of this FY 2022-23 supplemental payment for overweight permit fee revenue is $28,804. The approved VDOT reimbursement rates for FY 2022-23 increased the mileage payments for local and collector streets by $3,546,888. The total combined estimated additional reimbursement revenue from VDOT for FY 2022-23 is $3,575,692, which brings the total revenue from these programs to $52,406,757. • Considerations: The additional $3,575,692 can only be used for work on roadways eligible for VDOT urban maintenance payments. The proposed use of these funds is as follows: • Capital Project#100425 "Traffic Signal Rehabilitation II" - $500,000 (Traffic Signal Maintenance); • Capital Project #100401 "Street Reconstruction Phase II" - $2,625,000 (Road Paving); • The remaining amount of $450,692 will be directed to Public Works Operating Budget for the following projects: • Purchase of a bucket truck - $275,000; and • Purchase of street light parts - $175,692. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: , . t 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 6 VIRGINIA: 7 8 1. That $500,000 in estimated revenue from the Virginia Department of 9 Transportation is hereby accepted and appropriated, with state revenue 10 increased accordingly, to C1P project 100425 "Traffic Signal Rehabilitation II" 11 for traffic signal maintenance; and 12 2. That $2,625,000 in estimated revenue from the Virginia Department of 13 Transportation is hereby accepted and appropriated, with state revenue 14 increased accordingly, to CIP project 100401 "Street Reconstruction Phase II" 15 for road paving; and 16 3. That $450,692 in estimated revenue from the Virginia Department of 17 Transportation is hereby accepted and appropriated, with state revenue 18 increased accordingly, to the FY 2022-23 Operating Budget of the Department 19 of Public Works for the purchase of a bucket truck and street light parts. 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: "Budget and-Management Services omey s Office CA15984 R-2 November 23. 2022 y "N CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Commonwealth Opportunity Fund Award to the City of Virginia Beach Development Authority MEETING DATE: December 6, 2022 • Background: ASC Real Estate, LLC, doing business as Acoustical Sheetmetal Company, manufactures sound-reducing and weather-protective enclosures for onsite power generation equipment. Recently, the company expanded with a manufacturing facility at 2009 Hudome Way, which is located in the Innovation Park. This project included a planned capital investment of $15.8 Million and estimated 200 new jobs over a 36-month period beginning in July 2020. For this project, the company was awarded a $750,000 Commonwealth Opportunity Fund (COF) incentive award. The COF program offers a cash grant to offset qualifying project-related costs such as site acquisition and development, transportation access, utility extension or capacity development, construction or build-out of buildings, or training. The Virginia Economic Development Partnership (VEDP) awards COF grants to a locality for qualifying projects. The VEDP requires the locality to enter into a performance agreement setting forth certain project assumptions. As of June 30, 2022, Acoustical Sheetmetal has made over $16.5 Million in new capital investment and hired 67 of the 200 planned new jobs with an average salary of $47,908. In addition, the company is completing the buildout of its corporate office, adding an additional 5,000 square feet to the facility. In accordance with the COF payment procedures, the full $750,000 will be appropriated to the City of Virginia Beach Development Authority (VBDA). The VBDA will administer the grant as required by the COF process and disburse the incentive payments to Acoustical Sheetmetal Company. • Considerations: The attached ordinance appropriates the $750,000 COF award to the VBDA. The VBDA will administer the grant as required by the COF process and disburse the incentive grant payments. • Public Information: Normal City Council agenda processes. • Attachment: Ordinance, Disclosure Form Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 COMMONWEALTH OPPORTUNITY FUND AWARD TO THE 3 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $750,000 is hereby accepted from the Commonwealth Opportunity Fund and 9 appropriated, with estimated state revenues increased accordingly, to the City of Virginia 10 Beach Development Authority in furtherance of the purposes of the Commonwealth 11 Opportunity Fund award for the Acoustical Sheetmetal Project. 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: Budget and Management Services Ci o y s Office CA15987 R-1 November 22, 2022 !'i'9-i N�''':':':%�f."`a���j�,+•or�4%a2..i�-:��ac�•,c.s.� -a.::.t+.,.r'4 �.s�.:.r -E .. - _ - . (y�� _�i.-. ).rit,- >.• .7,, ,�`.4 ,Y rev- ,Wt.19°"" :- t J. , y _ . . , . .• • , ,,�, Y ToNri, i OS a0 aemPn - . _...-, ` 1 tiYi.. ,Ya ..' .' � rf.. 7 :K' r',�'a��''`!d•- 'Yj 3 ,.._- "r Y y }} ;F. e P# Tom '• `w. - _ '"r Fx,�"rE .. s y��r]�"'Y '�W 1+Mi ',e ;I j1i .1l nt' .�J�'Yr•�Y.t.i s,z 'be Yy- *4 3: ,e rz.v4. r" .'tv,'ta'` i"3(=,.ili "' ra' l' /=.f 7 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name ASC Real Estate LLC Does the applicant have a representative? ❑ Yes la No • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) Young Capital Partners LLC(James Young),ASI Investment LLC(Jeffrey Moore) • If yes, list the businesses that have a parent-subsidiary1 or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Affiliated Businesses with same ownership: ASI Real Estate LLC,Acoustical Sheetmetal Company LLC 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 Wage Disclosure Statement City of Virgrinia Beach Planning& Community Development T 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 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 applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes 0 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? I Yes ❑ No • If yes,identify the firm and individual providing the service. Elliott Davis 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. To be determined 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. R vi_ec? 1.09.'0?O 2 I 4 {c74 Disclosure Statement ._} }. r .I.ln f3 ,,M .s r} - i + lti 4rh. f's""'y `� } 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. To be determined 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. To be determined 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? I Yes ❑ No • If yes,identify the firm and individual providing the service. Flora Pettit PC 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. (---X'1' _.- .('(A—_—) / Applicant Signature Margaret Shaia, CEO Print Name and Title July 25, 2022 Date Is the applicant also the owner of the subject property? 0 Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name R-;r;or1 1 1.09.02[) Q - - 3 Paoe 4�^ 1 <`1- sf .047 it=:'" i' CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEMS: An Ordinance to Accept and Appropriate Grant Funds for School Security Officers and Security Assistants MEETING DATE: December 6, 2022 • Background: The School Security Officer (SSO) Grant Program is a grant from the Virginia Department of Criminal Justice Services (DCJS). This is a state program designed to provide funds to local governments to improve security in schools. The City of Virginia Beach Public School (VBCPS) will be the subrecipient of the City's SSO grant award, because the grant program requires the locality to formally accept the award. The DCJS grant 23-308-A, was approved for a total award of $562,485. The project period is 10/1/2022 through 6/30/2023. Funds will be distributed to the City for VBCPS. • Considerations: The SSO grant provides the City with $562,485 in state funding. Funds will be distributed to the City for VBCPS use in the form of lump sum installments for 15 Virginia Beach School Security Officers and/or Security Assistants. The funds will cover annual salaries and fringe benefits. The grant does not require a local match. The ongoing cost of the FTS's will be funded by VBCPS or additional grants once this grant period ends. • Public Information: Normal Council agenda notification process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach City Public Schools City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR SCHOOL SECURITY OFFICERS AND 3 SECURITY ASSISTANTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 6 VIRGINIA: 7 8 1. $562,485 is hereby accepted from the Virginia Department of Criminal 9 Justice Services and appropriated, with state revenues increased 10 accordingly, to the Virginia Beach City Public Schools as a grant 11 subrecipient for 15 School Security Officers and/or Security Assistants. 12 13 2. The City makes no assurances regarding continued funding for such 14 positions, and continued City financial support of such positions is 15 conditioned upon grant funding from the Virginia Department of Criminal 16 Justice Services or other funding sources. 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 C or y's Office CA15977 R-1 November 14. 2022 ,r,:„.... '*'''Zi.,1 s., r o 's S � CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Department of Human Services as Part of the State Opioid Response Grant MEETING DATE: December 6, 2022 • Background: The Virginia Department of Behavioral Health and Developmental Services has awarded State Opioid Response federal grant funding to the Department of Human Services to support ongoing opioid treatment and recovery services. The funding supports evidence-based Medication Assisted Treatment, such as methadone and suboxone services. The funding is also geared toward recovery initiatives, including managing the Substance Use Disorder Recovery Services Warmline, opioid addiction support groups, community education, service engagement, and community outreach. • Considerations: This funding award is for the period of September 30, 2022, through September 29, 2023. The total award is $440,000, with $342,176 to be used for treatment services and $97,824 to be used for recovery services. Funding will support services for individuals with opioid addiction and substance use disorders. • Public Information: Normal Council Agenda process. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: • ?Ap 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE DEPARTMENT OF HUMAN 3 SERVICES AS PART OF THE STATE OPIOID 4 RESPONSE GRANT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $440,000 is hereby accepted from the Virginia Department of Behavioral Health 10 and Development Services and appropriated, with revenue increased accordingly, to the 11 FY 2022-23 Operating Budget of the Department of Human Services to support 12 substance use disorder programs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services it'Attorhev's Office CA15985 R-1 November 21, 2022 [ ,,-,=a,,,,, 4 . ! .e,„.... L....,....... L `J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate State Funds for the Agricultural Reserve Program MEETING DATE: December 6, 2022 • Background: The City and the Virginia Department of Agriculture and Consumer Services (VDACS) are parties to intergovernmental agreements. These agreements provide the opportunity to request state funding through the Office of Farmland Preservation that would match local dollars for easements acquired, not to exceed $214,809.75. The goal of the agreements is to provide financial assistance for local programs to protect working farm and forested lands. The attached ordinance will provide $214,809.75 of funding to reimburse costs associated with a recent easement acquisition. • Considerations: The attached ordinance reimburses the Agricultural Reserve Program (ARP) fund for the maximum permitted amount in the intergovernmental agreement. The City, through the ARP purchased an agricultural easement on the Bonnie Woodhouse Crane property with a value of $561,680. The Crane farm of 50.17 acres, located at 1808 Nanneys Creek Road, was enrolled in the ARP on March 4, 2022. The appropriation will reimburse a portion of the costs of the US Treasury STRIPS that were purchased to fund the principal payment, as well as the costs of an appraisal, title searches, title insurance, public hearing notices, bond counsel and interest payments. • Public Information: Public information will be provided though the normal Council Agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Agriculture City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS FOR THE AGRICULTURE RESERVE 3 PROGRAM 4 5 WHEREAS, the City Council has authorized intergovernmental agreements with 6 the Virginia Department of Agriculture and Consumer Services for the reimbursement of 7 a portion of the costs of purchase of certain agricultural preservation easements: and 8 9 WHEREAS, the Commonwealth has authorized partial reimbursement for the 10 Bonnie Woodhouse Crane property. 11 12 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH. VIRGINIA. THAT: 14 15 $214,809.75 is hereby accepted from the Virginia Department of Agriculture and 16 Consumer Services and appropriated, with estimated state revenues increased 17 accordingly, to the FY 2022-23 Operating Budget of the Agriculture Reserve Program 18 Special Revenue Fund to reimburse the City for a portion of the cost to acquire a 19 preservation easement. 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: Za-;147-^ /ID Budget and M gement Services C" Y ore 's Office CA15980 R-1 November 15, 2022 ` tI i 2f 61-• r CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate State American Rescue Plan Act Funds to Support Project LINK in the Department of Human Services MEETING DATE: December 6, 2022 • Background: The Virginia Department of Human Services Behavioral Health and Developmental Services (DBHDS) Division provides services to individuals with mental illness, substance use disorders, and intellectual disabilities. Most services are licensed by the Commonwealth and fall under the DBHDS Performance Contract. The Project LINK program provides an array of services to pregnant and parenting women who have been impacted by substance use. These services can also support children and other members of the family. DBHDS intends to award American Rescue Plan Act Substance Use Block Grant funds to each Community Services Board that operates a Project LINK program. The funding must be used to increase access to services for the women who need time-sensitive support and coordination of their services through Project LINK. • Considerations: The one-time funding in the amount of$146,220 must be obligated by September 30, 2025. Funding will be used to cover the cost of a contract Peer Recovery Specialist and to support general relief needs of Project LINK clients in order to maintain their stability in the community. • Public Information: Normal Council Agenda process. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City ManagerZiti<DL 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE AMERICAN RESCUE PLAN ACT FUNDS TO 3 SUPPORT PROJECT LINK IN THE DEPARTMENT OF 4 HUMAN SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 7 VIRGINIA THAT: 8 9 $146,220 is hereby accepted from the Virginia Department of Behavioral Health 10 and Developmental Services and appropriated, with federal revenue increased 11 accordingly, to the FY 2022-23 Operating Budget of the Department of Human Services 12 to support services provided through Project LINK. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C. tto y's ffice CA15986 R-1 November 21, 2022 K. PLANNING 1. ATLANTIC DEVELOPMENT ASSOCIATES, LLC & WPL VENTURES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots at 111 73rd Street DISTRICT 6 (formerly District 5-Lynnhaven) Deferred from August 9, 2022 RECOMMENDATION: APPROVAL 2. PRINCESS ANNE COUNTRY CLUB / PRINCESS ANNE COUNTRY CLUB & EXPANSION ONE, LLC for a Change of Nonconformity (Expansion of Non-Conforming Use) re one-story dwelling for event space and overnight lodging at 3901 Holly Road, 488 Linkhorn Drive, 3800 Pacific Avenue DISTRICT 6 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 3. SXCW PROPERTIES II, LLC for a Conditional Use Permits re car wash facility & automotive service station at 3264 Holland Road DISTRICT 3 (Formerly District 3-Rose Hall) RECOMMENDATION: APPROVAL 4. EARTHSCAPES ENTERPRISES,LLC/VALIANOS PROPERTIES,LLC &JEM,LLC for a Conditional Use Permit re bulk storage yard at 619 & 623 London Bridge Road DISTRICT 3 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 5. FANTASY TATTOO COMPANY / WCSC, LLC for a Conditional Use Permit re tattoo parlor at 1920 Centerville Turnpike, Suite 118 DISTRICT 7 (formerly District 1-Centerville) RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,December 6,2022 at 6:00 p.m.in the Council Chamber at City Hall, 2nd Floor at 2401 Courthouse Drive,Building 1,Virginia Beach,VA 23456. Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV, and via WebEx. Citizens who wish to speak can sign up to speak either in- person at the Council Chamber or virtually via WebEx by completing the two-step process below. All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: httos://vbgov.webex.com/vbgov/onstage/goho? MTID=e4223ccbc43457bOde2a434e079f33d9f 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m. on December 6, 2022. The following requests are scheduled to be heard: Atlantic Development Associates,LLC&WPL Ventures, LLC(Applicants&Property Owners)Subdivision Variance (Section 4.4(b)of the Subdivision Regulations)Address: 111 73rd Street GPIN(s): 2419667586 City Council District 6 Princess Anne Country Club (Applicant) Princess Anne Country Club&Expansion One, LLC(Property Owners) Change in Nonconformity(Expansion of Non-Conforming Use)Addresses:3800 Pacific Avenue,3901 Holly Road, 488 Linkhorn Drive GPIN(s): 2418942388, 2418659235&2418848645 City Council District 6 SXCW Properties II, LLC (Applicant & Property Owner) Conditional Use Permits(Car Wash Facility&Automobile Service Stations)Address:3264 Holland Road GPIN(s): 1495093490 City Council District 3 Earthscapes Enterprises,LLC(Applicant)Valianos Properties,LLC&JEM,LLC(Property Owner)Conditional Use Permit(Bulk Storage Yard)Addresses:619&623 London Bridge Road GPIN(s):Portion of 1496878501, 1496974509 City Council District 3 Fantasy Tattoo Company(Applicant)WCSC,LLC(Property Owner)Conditional Use Permit(Tattoo Parlor)Address: 1920 Centerville Turnpike, Suite 118 GPIN(s): 1455914345 City Council 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. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk BEACON-NOVEMBER 20,2022&NOVEMBER 27,2022 -1 TIME EACH ' � W R SR(NE) i cl\ _ il 0 5R(NEe)t__t\ ----6\u\--' R5R(NE)T • 0 'C' ' a- a '°\°Ii 40 1401-Stce n ��\hg I\ R5R(NE)Qtce ,,, 1 , -- allli \\ \1;. • YA iR51j \ 1311 R5iR(�NE) � oi , � /, 0 _, � �D d Street 1 0 r_,, � /It \ C-, , I ilt ' t iI *oste° ____------ -- � � � '-- n n\\R E.) _ i° ‘"'-`3 \ ... _ 3•01 - 111° lilt 11111 �� Site N, � 'r Atlantic Development Associates, LLC & WPL Ventures, LLC , _W Property Polygons 111 73rd Street S OZoning Building NI moo. Feet 0 25 50 100 150 200 250 300 iN / r"M �1 f : 4 (..,..„ Lek is:..,,,„_5.6, ,�v CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ATLANTIC DEVELOPMENT ASSOCIATES, LLC & WPL VENTURES, LLC [Applicants & Property Owners] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 111 73rd Street (GPIN 2419667586). COUNCIL DISTRICT 6, formerly Lynnhaven MEETING DATE: December 6, 2022 (Deferred on May 17, 2022 and August 9, 2022) • Background: This application was deferred by City Council on May 17, 2022 in order for additional research to be conducted regarding the recurring nature of the request and for meetings to be held North End Civic League representatives. The item was then deferred indefinitely on August 9, 2022 to continue discussions. North End Civic League representatives recently reached out to staff on November 16, 2022. Meetings were held with representatives of the North End Civic League regarding development and the regulations within the North End Overlay District. Potential requests for changes to the development regulations were discussed with the representatives, however are not currently proposed. The two subject lots in the North End were legally created by deed in Deed Book 266, page 556 in 1949, prior to the establishment of the Subdivision Regulations. A single-family dwelling has existed across the shared property line of the two lots since 1935. The proposed lots, Lot 12A and Lot 14A, will each be 6,000 square feet in size, which will exceed the minimum lot area requirement of 5,000 square feet. However, each lot will be only 40 feet in width, 10 feet shy of the 50-foot lot width requirement. As neither lot will meet all dimensional standards required by the Zoning Ordinance for parcels in the R-5R Residential District, a variance to Section 4.4(b) of the Subdivision Regulations is required. • Considerations: In the North End Overlay District, lots that meet the minimum dimensional standards for a duplex of 10,000 square feet of lot area and 75 feet of lot width are permitted to construct two single-family dwellings on one lot. As the combination of both lots exceeds these minimums (12,000 square feet of lot area, 80 feet of lot width), both a duplex with two attached units or two single-family dwelling on one lot could easily be constructed as a matter of right. As the proposal includes two lots, each with one single-family dwelling, no increase in density is contemplated with this Subdivision Variance. As the current lots existed prior to the current R-5R zoning regulations, they have the current development potential in total of four dwelling units. A condition is recommended that limits development on each parcel Atlantic Development Associates, LLC & WPL Ventures, LLC Page 2 of 3 to just one single-family dwelling. The density stabilization as well as the use of high-quality building materials are in line with the recommendations of the Comprehensive Plan for the North End Suburban Focus Area. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There was one speaker in opposition at the Planning Commission public hearing representing the North End Civic League, who also provided a letter of opposition. The civic league supports development of the properties under the by-right options set forth in the Zoning Ordinance. On June 9, 2022, City Staff met with Council Member Branch and Billy Almond and Gerrie West from the North End Civic League to discuss zoning ordinance amendments to the R-5R zoning district. Staff provided an analysis of possible options and held a follow up meeting on July 22, 2022. The Civic League is reviewing the options and the process is ongoing and recently reached out to staff on November 16, 2022 to further discussions. None of the proposed changes would impact this applicant's request. Staff received 10 letters of support for the proposal, many of whom are property owners along this block of 73rd Street, and there were two speakers in support at the Planning Commission public hearing. Those that spoke in support prefer development of these parcels as proposed with one single-family dwelling on each parcel, rather than the by-right option that could result in more units with a different configuration. Staff received a letter from the North End Civic League objecting to the request. The letter noted concerns related to related to increasing density, parking requirements, utility infrastructure usage, and the smaller size of the lots generally. • Recommendation: On April 13, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Preliminary Concept Resubdivision of Lot 12 & the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Subdivision Plans"). 2. The homes to be developed on this site must use attractive, high quality materials capable of withstanding severe weather events as recommended within the North End Suburban Focus Area section of the Comprehensive Plan and as shown on the exhibit entitled, "Single Family Development Exhibit for Lot 12 & the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Atlantic Development Associates, LLC & WPL Ventures, LLC Page 3 of 3 3. The proposed lots 14A and 12A shall only be developed with one single-family residence on each lot. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (10) Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6e2 City Manager: C. -.`-c.mD Applicants & Property Owners Atlantic Development Associates,LLC & WPL Ventures, LLC Agenda Item Planning Commission Public Hearing April 13 2022 c rr�, t City Council Election District District 6,formerly, Lynnhaven 1 0 Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) BooStt eet� Staff Recommendation Approval j9`hstte ` 78th Street Staff Planner 'MP Street Aubrey A.Trebilcock 76thstreet 75th Sttce<9., Location I is I 111 73rd Street . GPIN 24196675860000 7, -ostst 1 Site Size 7Vt,Sttest 12,000 square feet A I C U Z 69th Stf ee` ` tteeli Less than 65 dB DNL 6eths Watershed Atlantic Ocean t F .0 Existing Land Use and Zoning District •3 }t r Single-family dwelling / R-5R Residential t th tree la Surrounding Land Uses and Zoning Districts ,i t `'. - .,,. • r North -� ,�„•I • ,T Single-family dwelling / R-5R Residential " 1. "" South '% 1 s' 73rd Street n Single-family dwelling / R-5R Residential "�-• , ' , ,,-. "' t `` East street Single-family dwelling / R-5R Residential .0 73�a_ .* ' . ' West #{ i �' = 1/4'04 ::':4. -Air: ' 101rir‘ a :t % Aellir 40, Single-family dwelling / R-5R Residential - 6i - t,,_ - '`' ,`' Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is proposing to resubdivide two lots, described as "Lot 12" and "the Eastern 30' of Lot 14," in order to create two lots of equal size within the R-5R Residential District. The dimensional standards for lots in this district require a minimum lot size of 5,000 square feet and a minimum lot width of 50 feet. • The subject lots were legally created by deed in Deed Book 266, page 556 in 1949, prior to the establishment of the Subdivision Regulations and both can be developed. A single-family home has existed across the shared property line of the two lots since 1935. • The proposed lots, Lot 12A and Lot 14A, would each be 6,000 square feet in size,which would exceed the minimum lot area requirement of 5,000 square feet. However,they would each be only 40 feet in width, short of the 50-foot lot width requirement. As neither lot will meet all dimensional standards required by the Zoning Ordinance for parcels in the R-5R Residential District, a variance to Section 4.4(b) of the Subdivision Regulations is required. Required Street Proposed Proposed Line Frontage in Required Lot Proposed Lot Required Lot Proposed Lot g Street Line Width Lot R-5R Frontage Width Area Area (feet) (feet) (feet) (feet) (square feet) (square feet) Lot 12A 40 40 50 40* 5,000 6,000 Lot 14A 40 40 50 40* 5,000 6,000 *Variance requested . • 94tn Sweet L .. .. litt.,\i ar. .." ,.....�.� Zoning History �.._,c.iiii/ % # Request •--- li 't I: 1 NON(Expansion of Non-Conforming 2^d Dwelling Unit) ' la's Approved 02/23/2010 2 NON(Expansion of Non-Conforming Single Family t �aS % Home)Approved 05/09/2009 —. i s t t t t-- plif\it ;- ,,- ,---VP \ * ' t iIlli 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 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 2 B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The intention of this application is to increase the size of the lot described as "the eastern 30 feet of Lot 14"to reduce its degree of nonconformity and to allow for a larger developable area more in line with the surrounding area. Both lots were legally created by deed and are therefore buildable sites.The 30-foot wide lot is currently substandard in both lot area and width, only being 4,500 square feet and 30 feet wide. In the R-5D Residential District, a minimum lot area of 5,000 square feet and a minimum lot width of 50 feet are required.The proposal would take 10 feet of lot width from the adjacent Lot 12,which is currently 50-feet wide, resulting in two, 6,000 square foot lots with 40 foot lot widths. Each lot is proposed to be developed with a single-family home. In the North End Overlay District, lots that meet the minimum dimensional standards for a duplex may be developed with two single-family homes. In the R-5R Residential District, the minimum lot size and lot width for a duplex are 10,000 square feet and 75 feet respectively. The area of the subject lots exceeds this with its total area of 12,000 square feet and lot width of 80 square feet. The proposal would therefore not increase residential density beyond what is prescribed within the Zoning Ordinance for the North End Overlay District, nor what could be developed as a matter of right. The subject property lies within the North End Suburban Focus Area as identified in the Comprehensive Plan,which lists among its goals parcel consolidation of smaller lots, density stabilization, and the reduction of impervious coverage to mitigate recurring stormwater issues. While the lots will not be consolidated under this proposal, it will result in the same number of dwellings units permitted if the lots were to be combined, as mentioned above,thereby providing density stabilization and preventing the potential development of an awkwardly shaped building due to the required eight foot setbacks on each side of the 30 foot wide lot. An additional recommendation of the Comperehensive Plan, as stated above, is mitigating the frequent stormwater issues present within the North End. It is an area that, due to its location, is vulnerable to storms and at the same time has a high level of impervious coverage which exacerbates drainage issues. The submitted plan depicts that the proposal will not exceed the 60% impervious surface coverage maximum, as limited by the Zoning Ordinance, with proposed Lot 12A at 57%and Lot 14A at 60% impervious coverage. The recommendations for the North End Suburban Focus Area also encourage that attractive, high quality materials capable of withstanding severe weather events be used in new construction.The proposed homes will have an exterior of fiber cement siding (Hardie Shake and Hardie Lap Siding)that should be both durable and appealing. While the limited space onsite for parking accomodations leaves the garages as visual focal points on the ground floor,the second floor porches help to provide a more visually attractive point of interest for the front façade of the homes. In Staff's view,the overall application does comply with the guidance of the Comprehensive Plan for the North End Suburban Focus Area. While it is unorthodox to support modification of a lot that presently conforms to the existing dimensional requirements, Lot 12, into a nonconforming lot, in this specific case it does provide for development that fits within the character of the North End. The submitted plans also meet the impervious coverage requirement to address pressing drainage concerns and reflect high quality exterior building materials. Staff is therefore in support of the the Subdivision Variance request subject to the conditions provided below. Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 3 Recommended Conditions 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Preliminary Concept Resubdivision of Lot 12&the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Subdivision Plans"). 2. The homes to be developed on this site must use attractive, high quality materials capable of withstanding severe weather events as recommended within the North End Suburban Focus Area section of the Comprehensive Plan and as shown on the exhibit entitled, "Single Family Development Exhibit for Lot 12&the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Elevations"). 3. The proposed lots 14A and 12A shall only be developed with one single-family residence on each lot. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as lying within the North End Suburban Focus Area, which extends from 42nd Street to 89th Street and located on both sides of Atlantic Avenue. The North End SFA is characterized by a compact arrangement of single-family and duplex dwelling units with much of the land zoned Residential Resort District (R-5R). Moreover,the North End area is characterized by a relatively high density of single- family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems.The City seeks to implement drainage improvements in the North End area to help alleviate these situations. As noted in the Comprehensive Plan, recommendations for this area include parcel consolidation, density stabilization and the use of'Best Management Practices'for stormwater control should be part of reconstruction efforts. Improvement and reconstruction should also use porous materials for driveways, walkways and other similar surfaces, wherever feasible, to achieve a net reduction of impervious coverage. Finally, attractive and high-quality materials capable of withstanding severe weather events should be used. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean Watershed. No wetlands,floodplains subject to special restrictions,or watershed buffer areas lie within the subject site. No negative impact to any natural or cultural resources is anticipated. Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 73rd Street N/A 9,900 ADT 1(LOS 4"D„ Existing Land Use 2—10 ADT Proposed Land Use 3—20 ADT Atlantic Avenue 14,660 ADT1 22,800 ADT1(LOS 4"D„) Existing Land Use 2—10 ADT Proposed Land Use 3—20 ADT 1 Average Daily Trips 2 as defined by 1 single-family 3 as defined by 2 single-family 4 LOS=Level of Service residence residences Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this site is located on 73rd Street. 73rd Street is a two-lane local street with an 80-foot right-of-way width. Atlantic Avenue in the vicinity of this site is a four-lane undivided minor urban arterial with a 120-foot right-of-way width. Public Utility Impacts Water City water is available. Sewer City sanitary sewer is available. Public Outreach Information Planning Commission • Ten letters of support have been received by Staff noting their preference for single-family developments within their neighborhood. A letter of opposition has been received from the The North Virginia Beach Civic League Zoning Review Committee with concerns related to increasing density, parking requirements, utility infrastructure usage, and the smaller size of the lots generally. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 20, 2022 and March 27, 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 March 28, 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 April 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 20, 2022 and November 27, 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 November 21, 2022 Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 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 December 2, 2022. Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 6 Existing Site Layout I O NN' �fl 00 1 ap 11 CO 1 00 I CT to to -ato Cin .-a`� en� atc —I„-t,IS J N N Cr' I I m Iai v0, Z N h C, U 2 I caa I ,00'08 3«9F,l*.Si N :; r J 5 . eT t"i o f O c coo 1 h 0 • •; h I m J LL LL ~ o ij co 6- 1 r- N La." I 3 Q ,� �'=zo tV }, Zv N O JO— — VI �! W VI ,00'09 Al „9F,l t.SL S (98 '9d "l g'/N> 41/8 ,090 (133d.LS H.LN3A373 .(78311'b'0d) 133611 S JCL Atlantic Development Associates, LLC & WPL Ventures, LLC Agenda Item 10 Page 7 Proposed Subdivision Plan I I alb kgx iii ^eE I rs41 I ;41 la N atkr II ti - X&9 3 91.(►.5C N �cac .ma 00 OP ' K 1g4 y,s C STY ®a o 6 x P msa.c.v i . . . 1.. . >Y N ., F.,L_ Tni . ./11:j . . , I ill , .! .� ❑ is O SG:--\\-1— I • SSSS GG ..n '4 mi t' o�.s al s,` }; 0 s i ,�; a 'g I:� W i CN/ CT IK ul' Cr ri V) x 7 e-/ tT , ,�O 0 �O p O O , • to VD • El _ ° t t 1 i , 46.i.......: x— Ili , ....±.=":it— :+-6.s. ,....._ ,,1 ,... O, Ili .: . .k, 1 ..,.... , , ., . • 0o do ... .: 1; .... _______ "Pik, . . . ' . �• .ov-w .. .r►sc 1 . aaunir .77-17.--.' • c._:_l I . . ... .:.\ I• • •:.• • \ I %' + .M 'i e7►1 4J&,AV) ,,..^.wh2!777 A1,7"1 ,1) 133b'l S 70EL Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 8 Proposed Elevations & Rear Yard f aw Y .1+ 0. ¶ O . TO - . . • - - a. 04' I i • ., cc 1 ate,. Q J CC -,--1‘ ... ....--- \ _I -, - ; CC LU 66 - r d 0 - ��: H. Itltttltll O }1-4 Q Q Tr N i : IWHI I L. -1- I E / I 111 [-.---- ri 0 zt� iiip / . in 0 Z 11 1 P1 I I:33II I ' � � llin ❑ °a A ■■■ a II f HI! >w 'Fro ❑u W g ❑ w n- , p d 1 = % r r 1 ❑ z LLLL _ V i - W w w W W W 8 2 1 Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 9 Proposed Elevations 4- 0 Mail -! 1 __ t` 1 n -- -u -- -,- — ■■■■ ®❑ -- ■■:. =t =i -�� _ ::::1 :■■: :■■■ .... ■■■. .:DO -r r .... -— EN NE --I A III Ol - __I.OE -- -'II. ', ME IMI -I- -' OE EIE ME IIII ■■■■ .■■■ ■■■■ .■■■ - ■■■■ M. El EE -- ■■..I ME -- i- '' MI NI =I _ , ■■■. � i1■ ■■■■ ■■■■ 44. - •■MEI N ■■■■ ■■■■ =El' O - Ell ME ■E!■ 0 J --I i O Q -M1 --' < 9 W ■ �i ■mil J W ■■■� III W ■■■1 1441 W, w s� • a o co if ■ l l nIIIII� Qo Q' .❑ I ❑ H 60111 II_ 0 ____, Z/ � O cc El 111 IIII I o , ` ■ill ■ill :: 1 I : . ° Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 10 Site Photos - ---- � i,•�t�; ...-:..,.,.7k, ,,-..‘ ..,-.,: , ft ' 2- ' -Y %' III • P I " ti:, „ r a Ia� . - _ 1. r . jr las., . , ,R,�j'� L'� ,i s , il y' /.i. •ix• • e rt I ,. . .,— --,4,..., . 111 `r. �* ,I I 3 s . - 40010111.11 1,14:4•41111110 - . . .. it > , Z:f l- ih ...f 4„'.h! }y;,..T.►t f r „ � > Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 11 Disclosure Statement Disclosure Statement City of Virgitzi2 BIQA 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 WPL Ventures,LLC Does the applicant have a representative? II Yes ❑ No • If yes,list the name of the representative R.toward Bourdon,Jr.,Esq. 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) Brian C.Large,Sole Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant (Attach a list if necessary) '"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 ) Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 12 Disclosure Statement Disclosure Statement C,f.ofiv,jnwB 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 applicatior or any business operating or to be operated on the property? IN Yes ❑ No • If yes,identify the financial institutions providing the service. Towne Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ®No • If yes,identify the company and individual providing the service 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from ar 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. Eric Garner,WPL 5. Is there any other pending or proposed purchaser of the subject property?❑Yes • No • If yes,identify the purchaser and purchaser's service providers. 2I Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 13 Disclosure Statement Disclosure Statement 1\11;3 Planning&Community Development 6 Does the applicant have a construction contractor in connection win the subject o'the at.;cat•or Or anybussnets°Denting er to be operated on the property)0 Yes I No • H yes.+denti'y the company and individual providing the sees'ce. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the appbcabon or any business operating or to be operated on the property?■Yes 0 No • If yes,identify the firm and individual providing the service. Eric Garner,WPt 8 Is the applicant receiving kgal services in connection with the subfect of the application or any bus-ress ope•at-ng o'to Ce operated on the property?I Yes 0 No • If yes,identify the rum and individual providing the senile c Edward Bourdon.Jr-,Esq,Sykes,Bourdon,Ahern I Levy,P C Applicant SignaturQ crrt fy that all of the information contained in this Onclosure Statement Forst is compete.true,and accurate i understand that, .Joon recent'o'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. WPL Ventures L By Ap Brian C large.So e!.'t`nte• — Print Name and Title Date Is the applicant also the owner of the subject property? •Yes 0 No • i yes,you do not reed to fi f out the owner d sclosurt statement FOR CITY USE ONLY/All&closures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No cM es is•r o'" 11/16/2022 ! .Ag 4"1r es..Mame 'AubreyTretdcoci.. Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 14 Disclosure Statement Disclosure Statement '"PU City of t'wtinia Bind Planning&Community Development Owner Disclosure Owner Name Atlantic Development Associates,LLC Applicant Name WPL Ventures,LLC and Atlantic Development Associates,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? I Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.be'ow. (Attach a list if necessary) Brian C.Large,Sole 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 I No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities 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 Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 15 Disclosure Statement Disclosure Statement 'NB nit,,ti�ypir ae+c! Planning&Community Devekvment Owner Services Disclosure 1 Does the Owner have any existing financing(mortgage,deeds of trust,gross-collateraluatron,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 O No • if yes,identify the f,nanc.a=institutions providing the service TowneBank 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 rrdrvidua providing the service 3 Does the Owner have services for accounting and/or preparation of tax returns provroee it connection with the subject oI the applrgtton or any business operating or to be operated on the pr perty>0 Yes •No • if yes,identify the firm and individual providing the service 4 Does the Owner have services from an architect/landscape architect/land planner p'ov.ded in connection with me subject of the application or any business operating or to be operated on the property I Yes 0 No • if yes identify the firm and individual providing the service `Eric Garner.WPL S is there any otne'pending or proposed purchaser of the subject property?0 Yes •No • if yes,ident.fy the purchaser and purchaser$service prOwder; b JGf;tr•e Owner have a construction cant,.rctor n connection with the subject of the application or any business operating o' to be operated on the popert, 21 Yes t No • if yes,rdent.fy the Company arid ro .,a p'ordrr+g the service 7 Does the Owner have an engineer/survey,/alint in cone ctiOn with the subject of the application or any business Doer a:ing or to be operated on the property'■Yes 0 No • If yes,identify the firm and individual proved*.rig the service Etc Garner,WPt 6I Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 16 Disclosure Statement Disclosure StatementVA.3 Planning&Corniniutity _ 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. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Atlantic Developm ssocia es,L By Owner Brian C.Large,Sole Member Print Name and Title Date Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 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. Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 18 Virginia Beach Planning Commission April 13, 2022, Public Meeting Agenda Item # 10 Atlantic Development Associates, LLC & WPL Ventures, LLC [Applicants & Property Owners] Subdivision Variance (section 4.4(b) of the Subdivision Regulations) Address: 111 73rd Street RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Mr. Chair, is it okay to call the next item? Chairman Wall: Yes, please call the next. Madam Clerk: Our next item is agenda item number 10, Atlantic Development Associates, LLC, and WPL Ventures, LLC. An application for Subdivision Variance Section 4.4B of the Subdivision Regulations on property located at 111 73rd Street, located in District six, formerly the Lynnhaven District. Eddie Bourdon: Thank you, Ms. Sandloop. Mr. Chairman, members of the Commission, for the record, Eddie Bourdon, Virginia Beach attorney representing the applicant Mr. Brian Large, principal of the applicant with us. So I want to start out with very, very basics to try to clear up any ambiguity or confusion that may have been engendered by the briefing this morning. The subject properties, there are two legal lots that exist today. One is lot 12. It's a 50 foot by 150 foot, 7,500 square lot that was established many, many decades by plat before Princess Anne County adopted its first Subdivision Ordinance and its first Zoning Ordinance in 1952, 1953. This property is now zoned R5R and there was no such thing when this lot was created and not until the '70s was there an R5 zoning district. Eddie Burdon: And it is legally nonconforming as to the size for a duplex lot under our current zoning as is the case with 99% of the duplex development that exists at the North End of Virginia Beach. They are almost entirely on nonconforming lots because they're not 80 feet wide and they're not 10,000 square feet. Today, this lot can have built on it by right a duplex and in fact, my client has a duplex plan, it was going to be submitted. I'll get into that. Or it can be developed under the North End Overlay as two detached units on the same lot. So I'm going to repeat, it is a 1 legally nonconforming duplex lot. It has no architectural mandates or requirements, it has to meet the setbacks, got to meet the lot coverage, the impervious surface in the 35 foot height. Eddie Bourdon: If you did two detach units on the 50 foot by 150 foot lot, it would have to meet the architectural under the overlay that was adopted a number of years ago because the feeling is and it's been successful that we're better off with two small or two and a half story cottages or two-story cottages than having a big three-story bulk of a duplex. So either of those can happen on that lot. The second lot, again, legally existing build-able lot on the West side of lot 12 sharing a boundary line with lot 12 and it is 30 by 150 feet containing 4,500 square feet. Just like lot 12, it is legally nonconforming, and it can be developed as a duplex or by two detached single-family homes under the North End Overlay. Both lots can be developed with a single-family home. Eddie Bourdon: Both can be developed with a single-family home. The 30-foot lot was created in 1949 by deed legally because there was no subdivision ordinance, and that's the story. That's the only story. There was never any vacating of a property line or any of that stuff that was talked about this morning. It's meaningless talk. It doesn't have any relevance. There are many, many such legally nonconforming lots that exist throughout our city that were created because think of all the subdivision that existed before we had zoning or subdivision ordinance. Thalia, Old Beach, Lakewood off of Rosemont Road area, Chesapeake Beach are some of the areas and at the North End, there are also nonconforming lots, not quite as many, but there are those up there. Eddie Bourdon: My client owned this property for many, many years. My client entered a contract to purchase the properties from her and because he develops at the North End a lot, he said, "Let's go in and first of all, eliminate the nonconforming aspect of both of these lots by agreeing, by re- subdividing and agreeing that no duplex, because once you re-subdivide, you can't put a duplex on either one, nor can you do two separate units on either one of the two existing lots, lets re- subdivide and change the nonconforming 30 foot lot," which is nonconforming in lot size and in lot width, "to make it more conforming at 40 feet wide and lot width and totally conforming at 6,000 square feet for a single family home. And in order to do that, we are making lot 12, which is conforming for a single-family home today. Eddie Bourdon: And with this, we'll be conforming in every way to a single-family home except the lot width at 40 feet versus 50 feet." At the same time, Proffer proposed a single-family plan that meets all zoning requirements, no variances for anything. And with the exception of not being able to have a side loading garage meets the overlay architectural requirements. And that's what is before you today, and we're not in the overlay. Now, I can get into a lot of answers, some other things, but that's the basis of this. And to make it clear, I gave you all a copy of a variance application that was filed in December to build a single-family house on the 30-foot lot with a 2 decreased setback to five feet on the interior shared boundary with lot 12. Same boundary that's been there since lot 12 was created back in the early 1900s. Eddie Bourdon: And before we went to the Board of Zoning Appeals, we were approached by the residents on 73rd Street, some of whom are here today. Judge Whitlow, I think is signed up to speak and asked, "Do the single family plan. That's what we want. That's what we like and that's why we're here." That BZA variance application for the 30-foot lot, well, I've been doing this for 37 years with the hardship, the variance will be granted if we have to go that direction. That's not the direction we want to go. This is the way we think is best because we know the people on the street prefer it. Single family home. Perfect. I mean, that's what people want. They don't want to live behind somebody else's house. Some people do, but it's a more valuable and it's a better way to develop the property, consistent with the character of the street. Be happy to answer any questions and the conditions is recommended and the staff reporter acceptable to the applicant. Chairman Wall: Thank you. Are there any questions for Mr. Bourdon? George A. Alcaraz: Mr. Bourdon, the exhibit you've given us that's for single family, but by right, your client could do a duplex, right? If he wanted to fit it? Eddie Bourdon: Well, he absolutely can do a duplex on the 50-foot lot, and that's exactly what the alternative is. Two units on lot 12 and that unit on the 30-foot lot. Yes, technically you could do two units on the 30-foot lot. You'd need a greater amount of variance, and you'd have a problem with lot coverage to get four parking spaces on the property. So as a practical matter, legally, yes, practically the 30-foot lot would be one skinny, three story house. It doesn't meet the guidelines of the overlay, doesn't have to, but I'm not going to sit up here and tell you that I think anyone would develop a duplex on that lot. George A. Alcaraz: No, I just want to know the potential. Eddie Bourdon: Potentially, yes. George A. Alcaraz: Okay, that's all I need. 3 Eddie Bourdon: But undoubtedly, not even close question, you can put a duplex on lot 12, which is exactly what we were going in that direction at one point and a single family just like is in that application on the 30-foot lot. George A. Alcaraz: All right. Thank you. Chairman Wall: Anyone else? All right, thank you. Eddie Bourdon: Thank you, Mr. Wall. Chairman Wall: Madam clerk? Madam Clerk: We have three speakers, Mr. Chairman. Chris Arias followed by Morton Whitlow. Chairman Wall: Mr. Arias, you've got three minutes when the red light ... Chris Arias: Yeah. Thank you. Chairman Wall: Please state your name for the record. Chris Arias: Yes, my name is Chris Arias and I'm representing the Arias family that owns 112 on 73rd Street directly across the street from the property that's applying for the variance. And I'd like to say, we are very much in favor of the application and the proposed design for two single family homes on the lots. We don't want to see a duplex or the alternative go in, and looking at the lots and the way they're designed. One's very skinny development. 4 Chris Arias: There's one very skinny structure going in next to another one does not fit with the context of the neighborhood. Also, looking at congestion and burdens on the infrastructure for our little street and also,just trying to keep the character of the neighborhood. So, yes, I read through the staffs report and we were agreeing with that. So, yeah, we hope you guys approve it. Chairman Wall: Okay. Chris Arias: That's it. Any questions? Chairman Wall: Any questions? Chris Arias: Sorry. That's your job. Thanks. Madam Clerk: Our next speaker is Morton Whitlow followed by Gerrie West. Morton Whitlow: Good afternoon. Thank you. My name is Morton Whitlow. I live at 107 73rd Street. Before I start, I want to thank all of you for your service on the Planning Commission. It's a very, very important civic function and I appreciate your work in that regard. I'm in support of the applicant, our block simply wants two single family homes. It's a predominantly single-family block. Interestingly, over the last 25 years that I've owned my little cottage, almost everybody on the block's had a chance to tear down and start over or remodel. And one by one, two houses were torn down and single-family houses were rebuilt. Nine of us have chosen to rehab or remodel our existing old cottages. Morton Whitlow: And so, it stayed a single-family block uniquely, one by one, pretty special in the North End. So we'd like to keep it that way. I'm not aware of any opposition to this by the people on our block. think you're probably all aware of the emails that have come in from almost every property owner, all in support of these two single family homes on the 40-foot lots. So we hope you'll agree with us. The one thing I note there was a letter was sent in by a representative of the 5 North End Civic League opposing this application. And first, all of us really appreciate the work of the North End Civic League folks in protecting our community. They do a lot of great volunteer work and we appreciate their efforts. We just respectfully disagree with their position in this case. Morton Whitlow: We think it ought be decided on a case-by-case basis. I noted in a letter there's a couple of things, I guess the retired lawyer and retired judge comes out in me when I look at this. So, have to rebut a couple things that are in the opposition letter. There was some complaint that the houses would be too narrow at 24 feet in width, out of character with the neighborhood. Well, the house right next door at 109, Mr. McCardell's house, his house is exactly 24 feet wide. Same. My little cottage is the smallest house on the block at 107 it's 24 feet wide. So, 24 feet is in character, not out of character. Lastly, there was a mention that perhaps the residents of the 100 block had been misled by the developer. That is simply not accurate. I have not been misled. Thank you very much for your attention to this important issue to us and thank you for your time. If you have any questions, I'll be happy to answer them. Chairman Wall: Thank you. Are there any questions for Mr. Whitlow? Commissioner Oliver: I have one. Judge, there's a conversation about the design of the house. I'm just curious as to what your thoughts are as far as does it fit in with the street? Morton Whitlow: Well, it does. We've got, as I mentioned, two single family homes in the last decade have been torn down, single family homes, rebuilt single family homes, and both of those have front loading garages. Commissioner Oliver: Okay. Morton Whitlow: It's almost a necessity with these 50-foot lots. I mean, having something other than that is very difficult. It's possible, but difficult. Everybody would love to see a little cute cottage, but the truth is, square footage matters. And so, these houses, they'll be a lot bigger than my house, but they won't be much bigger than all the other houses on the street. And they look to be two and a half stories. I think they'll have some housing on the third level, but the way they appear to be designed, they look like two and a half story houses, which is compatible with our block, we 6 believe. But all the neighbors up and down the street as you got the emails were supportive of what's proposed. Commissioner Oliver: Great. Thank you. Morton Whitlow: All right. Thank you for your time. Chairman Wall: Anyone else? Thanks. Gerrie West: Good afternoon. I'm Gerrie West. I'm here on behalf of the North Virginia Beach Civic League. Chairman Wall: Okay. Ms. West? Gerrie West: Yes. Chairman Wall: I think you have 10 minutes, correct? Okay. Gerrie West: Oh, I probably won't need 10 minutes, but thank you. I'm here on behalf of the North End Civic League. We are in opposition, this re-subdivision because we think it sets a dangerous precedent on the North End. One of the things as an architect and a member of the Zoning Review Committee for almost 20 years now that I always ask the group at the beginning, when we're reviewing a variance request is what would the North End be like if everyone was given permission to do this? In this case, I think this is one of the more dangerous places to go. Our zoning codes clearly say that the minimum lot width needs to be 50 feet. Gerrie West: That allows for plenty of parking or better parking, I'll say. Everybody knows the North End has a parking issue. It allows for green space for storm water management, and that's the way the neighborhood has traditionally been laid out. A lot of the areas were laid out in 25-foot lots before the zoning code and people would buy 2, 3, 4 of them. So you see these 80-foot-wide 7 lots, or 100-foot-wide lots or 75-foot-wide lots because they bought the 25-foot ones. And also, some have been subdivided off into the 30-foot lot. They were always subdivided and bought for single family homes until duplexes became a thing. And then, when duplexes came in, the two cottage overlay was made an alternative to the traditional three-story duplexes on 50-foot-wide lots. Gerrie West: So I would like to respectfully disagree with Eddie, and I won't use the word legal because know that's not the right word for this, but that subdividing these lots into two 40-foot-wide lots is making them more conforming. Because we're taking one lot that is already conforming and making it into a nonconforming lot. We are improving the 30-foot-wide lot, but we are not making it conforming. So the thought of making them more conforming is like being a little bit pregnant or not, in my opinion and in the opinion of the Civic League Zoning Review Committee that I am representing today. One of the things, I met with Judge Whitlow and let him know that the applicant can build exactly the same houses that he has in his hands and under the two cottage option without subdividing the lots. Gerrie West: There isn't really any difference at all, except that the garage needs to be set back six feet from the main part of the house, the main front of the house. It doesn't have to be side loading. It just has to be six feet back from the front face of the house, so recessed a little bit, otherwise, everything is pretty the same. They would be held to the two and a half stories, but it looks like the design that they have right now is two and a half stories. I haven't looked at it for compliance with some of the more esoteric parts of the design that are in that code, but I feel confident that very nice-looking houses could be built under the two cottage code and not subdivide the lot. The reason that the lot is here to be subdivided is that the developers can make more money on two single family homes, unencumbered by a condo document. Gerrie West: If he builds the two cottages on one 80-foot-wide lot, which is what makes the most sense, if you take the 30 foot and the 50 foot and vacate the property line, then you get an 80-foot-wide lot and the two houses can be side by side rather than front and back. They do not have to be front and back. That's what the diagram and the code show, but they do not have to be front and back. They can be side by side if you have a wide enough lot, and they do if you made it an 80-foot-wide lot. So, there would be no difference in the houses if you vacate the property line, then there would if you cut it into two 40-foot-wide lots, except for there would be no condo document. And therefore, greater profits could be reaped by the builder and the applicant. Gerrie West: 8 We think it sets a really bad precedent. We have storm water issues and we have parking issues and then, we have what Judge Whitlow calls the traditional-ness of the neighborhood, the small houses and the ones that were developed as beach cottage type things. These two houses that can be built that he's shown meet all of those requirements, except that they would be condo-ed. If you thought ahead and said, "If this sets a precedent," and I believe it will, because there has already been one case of a developer taking three homes on 5 or 6 25 foot lots, I can't remember exactly what it was then and cutting them all up into 40 foot wide lots. So 5 houses now where there used to be 3. We thought that was a bad precedent setter and now we're seeing it come to fruition with this case. There really isn't any reason not to vacate the property line and make an 80 foot wide lot. Any questions? Chairman Wall: Okay. Robyn Klein: I have a question. Chairman Wall: Yep. Ms. Klein. Robyn Klein: So it sounds like, and Bobby please correct me, that they could also take the two lots that exist now and build a single family home and a duplex? Gerrie West: They could. And that's the fear of the neighbors and by all means, I agree with the neighbors. The preference of finishing off the development on their street with more single family cottage like homes is definitely preferable. But they have been told that it is possible to build a three story duplex on the 50 foot wide one and a skinny 14 foot wide, whatever, it could be a duplex, it could be two cottages like Eddie said, or it could be one single family home, but 14 foot wide without any variances. Gerrie West: I'm saying that the value in these two pieces of property is when you combine them and you can have a very nice one single family home, a larger one that's gorgeous, or you can have two smaller ones that are side by side that would also be gorgeous. I think either of those would suit the neighbors, but it is the threat of having that duplex or not the threat, but the ability to do the duplex if the applicant should so choose to do so, that has scared the neighbors into wanting to have it subdivided into two 40 foot wide lots. 9 Robyn Klein: So it's not within our power, right? To say that it has to be one lot because it's technically ... Gerrie West: No, it's not. Robyn Klein: ... two lots, right, Bobby? Okay, so is it the opinion of the Civic League that if it is technically two lots and the one lot is not an option that it be two 40 foot lots or one 50 foot lot, and one 30 foot lot? Gerrie West: The Civic League does not want to see it divided up into two 40 foot wide lots because that is substandard and it causes issues. If everybody was to do that and more and more, it would happen. If this is passed, you'll have 40 foot wide lots instead of 50 foot wide lots, thereby, creating more homes, more infrastructure needed, water, sewer, storm water management issues will get way worse. The more homes there are, you have to have two onsite parking spaces paved for every home. So you're paving more and more, less trees, less grass, storm water management problems everywhere, parking problems everywhere. So, it's the long-term precedent that we're concerned with. Robyn Klein: So if the 80 foot lot is not an option and you don't want to set the precedent of the two 40 foot lots, does that mean that your next best selection is the conforming 50 foot lot and the nonconforming 30 foot lot? Gerrie West: Well, combining it into 80, I'm sorry if I don't understand your question, but combining it into 80 would be perfectly fine. Robyn Klein: Right. Gerrie West: And having two or one homes on that. Robyn Klein: Right. But right now there's, two lots. 10 Gerrie West: Correct. Robyn Klein: Right. So by-right, the developer could have the 50-foot lot and the 30-foot lot. Gerrie West: Correct. Robyn Klein: So, if the one 80-foot lot is not an option, and it's either two 40s or a 50 and a 30, does the Civic League prefer the 50 and the 30, because at least the 50- Gerrie West: Yes. Robyn Klein: Is conforming? Gerrie West: Yes, that is correct because it wouldn't be setting a precedent for the 40-foot-wide lots. Commissioner Oliver: Okay. So Gerri, I might have missed something in all of this because I'm... irregardless of whether we've got two 40s, a 30 and a 50 or an 80, we're still putting two single-family houses on this whole piece of property. Gerrie West: Correct. Commissioner Oliver: Regardless of how it's-the pie is sliced. Gerrie West: Yes. Commissioner Oliver: 11 When you mentioned, and I'm maybe I misunderstood you as far of stormwater and infrastructure and stuff. It's still two houses. It's still the same amount of use on the same space of property. Gerrie West: Yes. Commissioner Oliver: So I'm just trying to figure out that's really not the issue, the amount of use on the piece of property- Gerrie West: Correct- Commissioner Oliver: Because two houses is two houses. Gerrie West: Yes, you're absolutely correct in that respect. It is the danger of having every lot every 80-foot- wide lot- Commissioner Oliver: Divided. Gerrie West: Divided into two 40-foot-wide lots, which would traditionally not be the case. So, if the majority of the lots started becoming that, then we would have more houses ultimately than we would if people were unable to create the substandard lots. Commissioner Oliver: Okay. Okay. It wasn't the amount of use on that- Gerrie West: Correct. Not on that specific lot, and that's why I say, we'd be happy if it became an 80-foot lot and had two houses on it. We're not against that, of course. Commissioner Oliver: It's the subdividing. 12 Gerrie West: It's the subdividing. That's the only issue is the subdividing of the property. Commissioner Oliver: Okay. Thank you. Chairman Wall: Mr. Weiner. Commissioner Weiner: Mrs. West. I got a... well, so we were out there last week and we were standing in front of it and I asked staff to go please look into how many times this has happened in the past. Well, wouldn't say that. So I've been doing this for a while, and I don't remember three houses becoming five. I don't know where that was- Gerrie West: It's between 74th and 75th street on the feeder road. Commissioner Weiner: Okay. I don't remember that, but- Commissioner Oliver: I do. Commissioner Weiner: Okay. Commissioner Weiner: So, the staff came back to us with since 1993, twice. This has only happened twice. I personally don't think this is going to set a precedent for the future. That's my opinion. Everybody has their opinion. So, I just don't see this happening as much as you think it's going to happen. Gerrie West: I would really hope that was the case. I really would, but we saw it once and now we're seeing it the second time, and what we're seeing is this cyclical pressure to have the homes torn down and rebuilt by developers, as opposed to the traditional, a person buys a lot, or a person buys a lot with this small house on it that's a tear down, or they want a bigger house than what's on the lot. So, they're developing that lot for themselves as opposed to someone coming in and saying, 13 "How can I make the most money by buying this property that's available?" That's the issue. Yeah. Chairman Wall: Anyone else? Commissioner Frankenfield: I guess I have question. Chairman Wall: Mr. Frankenfield. Commissioner Frankenfield: So, I'm just concerned about the form of the house and the relationships. So, if you condo the lot, the discussion has been you can get the same thing. What's the big deal? But the way I see it, you can't get the same thing because if you have to have the garage set back six feet, well then... and since there's no house to come out in front of the garage, that you basically have to set the entire house back six feet. Gerrie West: No. No, it's just that the portion of the house that has the garage door... let's say this is the main body of the house. Commissioner Frankenfield: Right. Gerrie West: The garage is here. Commissioner Frankenfield: Right. Gerrie West: It just has to be set back six feet from the face of that. So, the face of that one is at wherever you place it. 14 Commissioner Frankenfield: So, it could be like a tunnel going back six feet with a garage? Gerrie West: Six feet isn't that far. It's like from- Commissioner Frankenfield: Well, whatever. Okay. I just- Gerrie West: From here to here. Commissioner Frankenfield: I'm having a hard time visualizing how it would work I'm not- Gerrie West: Well, there's a lot- Commissioner Frankenfield: Trying to argue with you. I'm just- Gerrie West: Yeah, there's a lot of examples on the north end that have been built that way. So, I know it's too late to go see them now, but- Commissioner Oliver: So Gerri, while we have you up, because I know you... so you're asking to follow the guidelines for the North End Overlay for the setbacks- Gerrie West: I'm asking this commission not to approve- Commissioner Oliver: No- Gerrie West: 15 Creating substandard lots. That's what I'm asking. Commissioner Oliver: Right. No, no. Okay. You're right. All right. I'll- Gerrie West: I don't- Commissioner Oliver: No, I'll just move on. Gerrie West: I don't have any say so on- Commissioner Oliver: Right. Gerrie West: What a person decides to build. Commissioner Oliver: You're right. Gerrie West: So I don't want to presume that that's what you hear me saying. That's not what I'm saying. Commissioner Oliver: No, no. Gerrie West: Okay. Commissioner Oliver: Perfect. Thank you. Gerrie West: 16 Okay. Chairman Wall: Anybody else? No? Gerrie West: Thank you very much. Chairman Wall: Okay, Mr. Bourdon? Eddie Bourdon: First, of all, I want to thank my good friend Gerrie West for being the one speaking today, so didn't have to address some of the comments in Mr. Warren's letter, and Gerrie was very careful in the way she worded her comments because this is not a situation in any way, shape, manner or form where anybody's trying to browbeat or twist arms or anything else. In fact, Judge Whitlow called me. I didn't call him. Eddie Bourdon: The idea that this sets a dangerous precedent, a lot of the times, if you listen closely to what Gerrie said, she keeps referring to this as an 80-foot lot. It is not an 80-foot lot, and there is no... there are some 80-foot lots at the north end and an 80-foot lot in the north end would never get approved to be divided into two 40-foot lots ever. Eddie Bourdon: And I would.. as Mr. Weiner has asked staff, staff can take a look at the subdivision plats of all the blocks at the North End, and with the exception of the two or two and a half blocks that Gerrie lives on that were developed by Shore Realty, which have non-conforming lots, the rest of the North End doesn't have non-conforming lot. So, the idea that this is setting some dangerous precedent is just truly not accurate,just like it wasn't accurate to suggest that we were using a straw man or a boogeyman or whatever, trying to convince people of anything. Eddie Bourdon: It's not the city's, it never has been the city's, policy to encourage two-unit condominiums at any point in time. So, let's deal with what's true, and that is that there are two buildable lots, and this is not a subdivision. This is a re-subdivision. The 50-by-150 foot lot is a nonconforming lot. We are making it conforming as to density, and the Comp Plan talks about density. Gerrie's talking about density. That's exactly what we're doing and to... I don't want to get down the weeds, but 17 it's easier for me to do. If you tried to do the overlay side by side, and Gerrie is absolutely correct that you can do it side by side. This morning, I think it was suggested you couldn't. Eddie Bourdon: But the reality is if we did that, the house... and to meet the... you can't do a six-foot setback construction wise. It's very, very difficult for the garage to be set back. To do something under the overlay, what you would do is you'd build a shared driveway to serve both units, and you have 10-foot setbacks on the outside., and your shared driveway has got to be 18 feet wide because it's a shared driveway, and you wind up instead of having a 24-foot wide house, you wind up with a 20 or 21-foot wide house. Eddie Bourdon: So it's not exactly the same, and it can't be exactly the same. So, this notion that you're going to dictate how the property develops as a condo, as opposed to two lots, it's not the way this should be handled in any way, shape or form. If I believe for one second, or my client believes for one second, that you could take lots in the North End and just carve them up into 40-foot lots, that's not possible. It isn't possible. It may be possible, but the folks in the Shore Realty subdivision who... part of it who I'm representing all the street closures, they don't want to do that to their properties, and I don't think there are any in there that could even do that at this point. Eddie Bourdon: But this does not apply to 90... well, maybe not 90. Maybe 78, 80% of the North End. What Gerrie's saying is a bad precedent doesn't exist. This situation, if it exists anywhere else, I don't know of it, and it wouldn't be, if it did, more than one or two situations. It's not a circumstance that I think will ever be recurring. Eddie Bourdon: All we're trying to do is the best job... and it is truly more valuable for everybody concerned to do them a separate single-family homes, and it's easier for the city from a regulatory standpoint. Condos create a lot of additional issues. I'm not going to ask Miss Wilson to testify about that, but I think she'll nod her head. So why would we want to do a condo as opposed to doing two single families when we already have two lots that we can build a duplex and a single family on? I'd be happy to answer any questions. Chairman Wall: Okay. Any questions for Mr. Bourdon? Eddie Bourdon: Thank you all. 18 Chairman Wall: Okay. Thank you. Okay. All right. I close it up for comment and open it up among the Planning Commissioners. Anybody like to start? George Alcaraz: I will. Chairman Wall: Go ahead. George Alcaraz: As I stated in informal, you got a situation where you have a house with a proper line going down the middle and something that Mr. Bourdon just said that just struck me, you got the definition of a subdivision, the definition of a re-subdivision. A subdivision is dividing one lot into two or more. A re-subdivision is changing the lot line, and in this case, they're changing it to the betterment of what's there. So having said that, I'm going to support it. Chairman Wall: Okay. Anyone else? Barry? Barry? Okay. Commissioner Frankenfield: I support it also, only because I can't figure out a way it would be better to condo the lot. The product that is there with an entrance, each having their own entrance, their own separate driveway, is a better solution than a setback garage or one house behind the other. So, it seems like a better... of all the choices, it seems to me like the best solution. Chairman Wall: Okay. Thank you. Commissioner Weiner: I'll say something real quick. It's a long time we've been doing this. I've never seen this before. Don't get me wrong. The North End Civic League does a great job with the design... what they do up there, but for everybody on the street to come in in favor of this, I've never seen that before. That means something, too. I'm definitely going to support it. Chairman Wall: Okay. Thanks. Yeah, I generally. I like the way it. I like the little cottage and the green space, but barring that, I also highly respect the civic league's opinion. I think that they have very good 19 input, and their strict adherence to holding on the layouts and dimensional requirements and standards is... I think that's fantastic. However, I think there's great value in the way that it's laid out in a single-family.... the support from the neighborhood, and I think it'll provide value to the neighborhood itself. So, I'm going to support it as well. Chairman Wall: Okay. Do we have a motion? George Alcaraz: I'll make a motion. Chairman Wall: Okay. Chairman Wall: Okay. Mr. Alcaraz makes motion for approval. Do we have a second? Commissioner Frankenfield: Second. Chairman Wall: Okay, Mr. Frankenfield for the second. Are there any abstentions? Okay. Madam Clerk: Vote is open. Madam Clerk: By recorded vote of nine in favor, zero against agenda item number 10 has been recommended for approval. Eddie Bourdon: Thank you all. I hope everybody has a wonderful holiday this weekend. Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE 20 Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Preliminary Concept Resubdivision of Lot 12 &the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Subdivision Plans"). 2. The homes to be developed on this site must use attractive, high quality materials capable of withstanding severe weather events as recommended within the North End Suburban Focus Area section of the Comprehensive Plan and as shown on the exhibit entitled, "Single Family Development Exhibit for Lot 12 &the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). 3. The proposed lots 14A and 12A shall only be developed with one single-family residence on each lot. 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. 21 From: Michael Lynch To: Aubrey A.Trebilcock Cc: Lee Mccardell; Mo Whitlow;jlynchC@jblmedical.com Subject: 111 73rd Street Variance Request Case No:2021-PCCC-00223 Date: Tuesday,April 5,2022 8:54:00 AM Attachments: jmaoe056482.ang ima_ge370023.onq CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr.Tribilcock, My family and I own and live at 110 73rd Street and are in support of the application to convert 111 73rd St. into two 40ft. lots restricted to one single family house on each lot. Our block is mostly single-family homes, and we would like to keep it this way. We wish to maintain the character of our block. Let me know if there is anything more I can help with. Thank you for your time, Michael and Jessica Lynch Michael Lynch Vice President O:804.262.0100 D: 804.515.1283 M: 804.641.7326 /1rri"4:1 i/rtlir,vtJ70 8050 Kimway Drive I Richmond.VA 23228 From: Sarah Hamlin To: Aubrey A.Trebilcock Cc: Lee Mccardell;JnvwhitlowCa�amail.com;F Ladd Subject: 111 73rd Variance Request Case No:2021-PCCC-00223 Date: Monday,April 4,2022 11:07:35 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Aubrey, Our father, B.W. Armstrong, purchased 7300 Oceanfront Avenue in 1999, more than 23 years ago. Since his passing 11 years ago, my sister and I have proudly owned and maintained this property. All of us have loved and enjoyed the property partially as a result of the nature of the block upon which our home is situated. Our oceanfront block is predominant single-family homes with 11 of the 13 properties are single family. As such, we strongly support the application to convert 111 73rd St into two 40 ft. lots, with a restriction to for one single family house on each lot. Many of the families that own on our block have owned their homes for multiple generations just as we have. We all wish to maintain the character of our block. We are very disappointed to be out of town for the April 13th hearing at City Hall, otherwise we would both be present. Thank you for your careful consideration. Sarah Armstrong Hamlin Frances Armstrong Ladd 7300 Oceanfront Avenue 7300 Oceanfront Avenue Va. Beach, Virginia 23451 Va. Beach,Virginia 23451 (214)354-6901 (251)605-2203 5hamlin217C@gmail.com francesladd9C@gmail.com Stuart Taylor 116 73rd Street Virginia Beach, VA 23451 April 4, 2022 City of Virginia Beach Planning Office Reference: Case No: 2021-PCCC-00223 Dear Mr. Tribilcock, The Taylor family has owned 116 73rd Street since the mid 1950's and have cherished several generations while living in single-family homes consistent with the traditional north end living style. If one single family home cannot remain on the entire referenced property, I support the application to convert 11173rd St into two 40 ft. lots restricted to one single family house on each lot. Our oceanfront block is predominant single-family homes as 11 of the 13 properties are single family. Many of the families that own on our block have also owned their homes for multiple generations. We all wish to maintain the character of our block and respectively ask your support keeping the wishes of all the property owns and residents on the oceanside of our street. We appreciate your consideration and believe you will do what is best for our little community on this street and approve the variance application. Thank you kindly, Stuart Taylor From: James Carter To: Aubrey A.Trebilcock Subject: Case Number 2021-PCCC-00223, 111 73rd Street Variance Date: Monday,April 4,2022 2:00:58 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Trebilcock: My name is James Carter and I reside at 7217 Atlantic Avenue. It is my understanding that there are several variances under consideration for the subject property. When I purchased my residence in 2020, I considered the character of homes on 73rd street, since I am in such close proximity and use this street for beach access. Almost all are single family homes which had a favorable impact on my purchasing decision. Accordingly, I support the application to convert the subject property into two 40 foot lots, providing this variance restricts construction to single family residences, which I feel are more compatible with the other existing homes, and frankly, the preferred residential structure for the North End. Thanks for your consideration. James Carter April 4, 2022 757-636-2359 From: Morton Whitlow To: Aubrey A.Trebilcock Subject: 111 73rd Street.2021PCCC-00223 Date: Monday,April 4,2022 11:56:32 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr Trebilcock, We own 107 73rd Street and are now full time residents. We support the application to convert 111 73rd Street into two 40 foot lots,strictly limited to one single family house on each lot. We wish to preserve the character of the block which is predominantly single family old beach houses of 2 stories in height. I think it would be best to limit the height of the new single family homes to 2 stories. Thank you for helping our neighborhood. If you wish to discuss this matter please call me at 757-477-0238. Mo and Linnea Whitlow Sent from my iPhone From: Chris Arias To: Aubrey A.Trebilcock Cc: Lee Mccardell;Mo Whitlow Subject: 111 73rd Street Variance Request Case No: 2021-PCCC-00223 Date: Monday,April 4,2022 10:03:59 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planing Commission Thank you for taking the time to review the proposed variance for 111 73rd street. Our family has had the pleasure of enjoying our home, 112 73rd street, and neighborhood for over 16 years. This house is used all year round and our front porch looks directly at the proposed property. It is of our opinion that the allocation of the 10 feet of yard width to make up two 40' wide lots and to build two single family homes is within keeping with character of the neighborhood. We hope that you agree as well and approve the variance as proposed. Warm regards Chris Arias Chris Arias chris@ariasllc.com Arias Ilc Design+Build Studio www.ariasllc.com 804-387-5344 Fax 1-800-214-5044 From: Sara Atherholt To: Aubrey A.Trebilcock Subject: Case No:2021-PCCC-00223D Date: Monday,April 4,2022 10:03:08 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Aubrey, The Traylor/Atherholt family has owned property on 73rd. St since 1953. At one time we owned 117, 115 and 111. I still own 115. 115 and 117 were built in the early 70s when duplexes were of normal size. We felt at the time that the buildings would fit in with the charter of the street.Now with so much building at the North End, 2 single family houses facing 73rd. Street seems to be the ideal way to preserve the character of the street. I fully support the application to convert 111 73rd. into two 40 foot lots. I will not be in Virginia Beach on the 13th. so I am unable to attend the meeting. Please approve the variance request as all of my neighbors are in favor of this proposal. Thank you. Sara Traylor Atherholt From: James J.Izard.U To: Aubrey A.Trebilcock Cc: Mo Whitlow;Lee Mccardel( Subject: 111 73rd St Zoning Date: Monday,April 4,2022 8:29:02 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Aubrey, Case No: 2021-PCCC-00223 The Izard family has owned 108 73rd Street since 2015. We purchased on 73rd Street specifically for its single family home character. I support the application to convert 111 73rd St into two 40 ft. lots restricted to one single family house on each lot. As 11 of the 13 properties remain single family, the street shares a unique character that should be the norm, rather than the exception, on the north-end of the beach. Many of the families that own on our block have owned their homes for multiple generations. We all wish to maintain the character of our block. I have a business engagement and will be unable to attend the April 13th hearing at City Hall, otherwise I would be present. Please accept this email in my staunch support of the two lot single family option. Thank you for your consideration. Jim & Tricia Izard 108 73rd Street Virginia Beach, VA 23451 Cell 757-377-0103 James J.Izard,II Palladium Registered Investment Advisors,LLC 999 Waterside Drive,Suite 1000 Norfolk,VA 23510 Office:(757)305-1500 Direct:(757)305-1508 Email:iiizardPoalladiumllc.com This message, including any attachments, is confidential and may be privileged. If you have received it by mistake please notify Palladium and kindly destroy/delete this message.Any unauthorized use or dissemination of this message in whole or in part is strictly prohibited. Palladium is a Registered Investment Advisor with the United States Securities and Exchange Commission and shall not be liable for the improper or incomplete transmission of the information contained in this communication. Third Party Research Disclaimer Third party research is provided for information purposes only and has not been prepared by Palladium Registered Investment Advisors.The information contained therein is based upon sources which we believe to be reliable, but no representation, express or implied, is made with respect to the accuracy, completeness or reliability of the information or opinions in the reports. Nothing therein shall be construed as an offer or a solicitation of an offer to buy, sell or otherwise engage in a transaction in the securities or strategy described in the report.The report is not intended to provide personal investment advice and it does not take into account the specific investment objectives, financial situation and particular needs of any specific person. Past performance is not a guarantee of future results. From: May Lynn Mansbach To: Aubrey A.Trebilcock Cc: pivwhitlowCa>gmail.com;Lee Mccardell Subject: 111 73rd St.variance request Date: Sunday,April 3,2022 4:46:42 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Aubrey, Case No:2021-PCCC-00223 The Mansbach family has owned 106 73rd St.since 1997. We support the application to convert 111 73rd St.into two 40-ft lots restricted to one single family house on each lot. Our oceanfront block is predominantly single-family homes as 11 of the 13 properties are single family. Many of the families that own on the street have owned their homes for multiple generations. We all wish to maintain the character of our block. I would attend the April 13th hearing at City Hall but will be traveling on that date.Thank you for your consideration. May Lynn Mansbach 106 73rd St. Virginia Beach,VA 23451 From: Lee Mccardell To: Aubrey A.Trebilcock Cc: Jeemccardell3CLgmail.com;Mo Whitlow Subject: FW: 111 73rd Street Variance Case No:2021-PCCC-00223 Date: Sunday,April 3,2022 10:29:12 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments lunless you recognize the sender and know the content is safe. Dear Aubrey, Case No: 2021-PCCC-00223 I live directly next door to 111 73rd Street and the McCardell family has owned 109 73rd Street since 1987. This is my primary residency. I support the application to convert 111 73rd St into two 40 ft. lots restricted to one single family house on each lot. Our oceanfront block is predominant single-family homes as 11 of the 13 properties are single family. Many of the families that own on our block have owned their homes for multiple generations. We all wish to maintain the character of our block . I will be out of town for the April 13th hearing at City Hall, otherwise I would be present. Thank you for your consideration. Lee McCardell 109 73rd Street Virginia Beach, VA 23451 Cell 757-848-6212 NORTH VIRGINIA BEACH CIVIC LEAGUE ZONING REVIEW COMMITTEE April 4, 2022 MEMO Members of Planning Commission City of Virginia Beach Dear Commissioners Re: Subdivision Variance Application of Atlantic Development Associates,LLC; Case No.: 2021-PCCC-00223 113-73rd Street,Lynnhaven District. The North Virginia Beach Civic League(NVBCL)met with the developer's land use attorney, affected residents of 73rd street, and fully understand this request. An existing single-family home currently straddles the existing lots which is the historic development pattern of our North End neighborhood. The developer intends to demolish the existing house to accomplish this subdivision which doubles the density,parking requirements, and utility infrastructure usage of what is currently in place. The NVBCL fully reviewed all proposed developer options for the building design and site design for the properties as they exist today. A left over small 30ft wide parcel is a part of a larger standard 50' wide single-family parcel which combined results in an 80ft x 150ft, 12,000 sf lot. The resulting combined lot has an 80ft wide frontage. The developer is proposing to subdivide the larger lot option into two (2) substandard frontages at 40ft x 150ft/6,000 sf lots and construct two single family homes no more than 24ft wide which is a full l Oft narrower than the typical 50ft wide lot would yield. The resulting houses are much narrower than those normally found at the North End on the oceanside and is out of character in our neighborhood. The NVBCL has asked the developer to consider using the full 80ft x 150ft lot to develop a by- right duplex which requires a 10,000-sf lot, or the two detached cottage development option, or an appropriately sized single-family home with associated outdoor amenities. The developer has refused to consider these options even though there a multiple 80ft wide single-family homes at the North End with this same lot condition. Additionally,using the North End's Two-Cottage Overlay development pattern,the developer BY RIGHT can accomplish the same objective by vacating the interior lot line and creating a condominium of two unattached single-family homes on the 80ft wide lot. Allowing this subdivision into 40' wide lots creates a dangerous precedent, in that ALL developers may then claim the right to do the same, thus doubling the number of homes that can be built, along with the attendant parking problems, stormwater management, and city infrastructure requirements. 1 The developer has led the 73rd street neighbors to believe that if denied they would build a duplex on the substandard 50ft x 150ft/7500 sf. lot and a 14ft wide single-family on the substandard 30ft x 150ft/4500 sf lot. This has made the 73rd Street residents wary of opposing the developer's application. We are disappointed in this approach as the majority of the 73rd Street residents are not familiar with the underlying development standards and feel they have no other option than to support the developer's request to avoid a 14' wide house. As a Civic League we remained concerned with the persuasion strategies employed by developers towards the residents of the North End, as this has happened many times. We as representatives of the North Virginia Beach Civic League Zoning Review Committee have reviewed hundreds of zoning cases since 1998. We have witnessed the systematic degradation of our neighborhood by developers who do not live at the North End, seek to redevelop it, and at the same time destroy the essence of this historic Virginia Beach community. The consistent street by street destruction of older North End homes unfortunately replaced by mundane prototypical duplexes and average prototypical single-family houses is truly disheartening. The NVBCL wishes at some point that the City of Virginia Beach Department of Planning and Community Development, Economic Development, Strategic Growth Area Office, Planning Commission, and City Council steps up to guide proper and appropriate redevelopment in these older Virginia Beach neighborhoods. The NVBCL strongly opposes this subdivision request Exam Ile: Single famil home on an 80ft wide lot at the North End_ . . , - ,•,\ -- - . . ‘ ,?, 4,414- 44, \ - ---4iwr .i i , _ `^ fir. - -7411.- - 4 , -4. 1 . slow. __. rr. ,...,,,,; - - a 4 * ,1 . .f:* '.1.,:"1:4:: •-:.* '4,':IV. il., - ,-.o. It..4 i 'i...‘-.0:1 T. -, .- -4, rhic t 111K " ,IV Si.. 'Z i {� r vt,Aida 1. - 34 - --.-, ,.!: - v, .- %,'-I ' ,.... cr3k +a 7 ...yes *' - .� • • 7M is • _._ Members of the NVBCL Zoning Review Committee: Billy Almond 209 - 70th Street(Abstaining) John David 410 48th Street Willy Fluharty 303 -49th Street Mary Lee Harris 216- 55th Street Dave Jester 200 - 63rd Street Jo Anne Moore 300 - 55th Street Bernice Pope 214 -44th Street Molly Oberst 106 A-65th Street Martin Waranch 111 - 66th Street Gerrie West 217 - 75th Street Hobie Whitmore 311-48th Street Jay Woodard 113 - 85th Street(Abstaining) 3 - ------:,r_________,_.-- .--:-L-------------- R20 fl �---- R5 D • \T' 72 ,- R40 l- - ' ,l .:fie --_ ;_____ ;�Dv01' ,----- ., . / R7. ,. rive �r- pry R 4 0I N / . Site Property Polygons Princess Anne Country Club `' F 0 Zoning 3800 Pacific Avenue, 3901 Holly Road, 488 Linkhorn Drive Building Feet 0 1020 40 60 80 100 .120 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRINCESS ANNE COUNTRY CLUB [Applicant] PRINCESS ANNE COUNTRY CLUB & EXPANSION ONE, LLC [Property Owners] Change in Nonconformity (Expansion of Nonconforming Use — Country Club) for the property located at 3901 Holly Road, 488 Linkhorn Drive, 3800 Pacific Avenue (GPINs 2418848645, 2418659235, 2418942388). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: December 6, 2022 • Background: The applicant is requesting a Change in Nonconformity to expand the Princess Anne Country Club, which is a nonconforming Country Club, to include the property at 3901 Holly Road. The applicant proposes to allow club members and their guests to use the existing one-story dwelling at 3901 Holly Road as a club amenity. Overnight accommodations at the dwelling would be exclusively available to club members and their guests pursuant to Princess Anne Country Club policies. No exterior or structural changes to the dwelling or site are proposed with this requested Change in Nonconformity. No signage will be installed. Two dedicated parking spaces are located in the adjoining surface parking lot at 488 Linkhorn Drive, a property also owned by Princess Anne Country Club. • Considerations: The Princess Anne Country Club has been operating here for more than 100 years. The first clubhouse at 3800 Pacific Avenue was constructed in 1920 and, for many decades, included overnight guest rooms for members. The club predates a majority of the adjacent residential development, as well as the City's Zoning Ordinance, but the country club and the golf course have operated compatibly with the adjacent residential neighbors. Residential development did coexist with the Princess Anne Country Club when overnight accommodations were provided in the past. No structural changes or signage are proposed with this request. As the building will remain as it is now, the use will serve as a buffer between more intense activity closer to the clubhouse and the surrounding neighborhood. No adverse traffic impacts are anticipated. Three letters of support for the request have been submitted. Princess Anne Country Club Page 2 of 2 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 November 9, 2022, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . No additions to the dwelling that increase the square footage or alterations deemed substantial by the Planning Director shall be constructed. 2. The subject property shall be placed into common ownership with the Princess Anne Country Club or a single purpose entity owned wholly (100%) by the Princess Anne Country Club. 3. Dedicated, off-street parking for users of the bungalow shall be provided at the existing, adjacent surface parking at 488 Linkhorn Drive. 4. No signage for the bungalow shall be permitted except for the street address. 5. Use of the bungalow shall not be advertised as a short term rental nor on any short term rental platforms. 6. Overnight accommodations and use of the property shall be permitted only for Princess Anne Country Club members and their guests until or unless the building is returned to residential use. • Attachments: Resolution Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department % ' 0 City Manager: t_. c,,c,ek) 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 3901 HOLLY ROAD, 488 LINKHORN DRIVE, AND 3800 4 PACIFIC AVENUE 5 6 WHEREAS, Princess Anne Country Club (the "Applicant") has made application 7 to the City Council for authorization to expand the nonconforming use (Country club and 8 golf course) at 3901 Holly Road, 488 Linkhorn Drive, and 3800 Pacific Avenue and zoned 9 R-7.5 Residential Zoning District; 10 11 WHEREAS, this parcel currently contains a nonconforming country club and golf 12 course, which has been in operation since1916. The expansion is to add a single family 13 dwelling built in 1940 to the nonconforming country club, for event space and overnight 14 lodging only for members. The country club and the dwelling were constructed prior to 15 the adoption of the applicable zoning regulations and are therefore nonconforming; 16 17 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 18 approval of this application on November 9, 2022; and 19 20 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 21 of nonconforming uses is unlawful in the absence of a resolution of the City Council 22 authorizing such action upon a finding that the proposed use as expanded be equally 23 appropriate or more appropriate to the zoning district than are the existing uses. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed nonconforming use as 29 expanded by the nonconforming dwelling will be equally appropriate to the district as are 30 the existing uses and dwelling under the conditions of approval set forth herein below. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 1 . No additions to the dwelling that increase the square footage or alterations deemed 36 substantial by the Planning Director shall be constructed. 37 2. The subject property shall be placed into common ownership with the Princess Anne 38 Country Club, or a single purpose entity owned wholly (100%) by the Princess Anne 39 Country Club. 40 3. Dedicated, off-street parking for users of the bungalow shall be provided at the 41 existing, adjacent surface parking at 488 Linkhorn Drive. 42 4. No signage for the bungalow shall be permitted except for the street address. 43 5. Use of the bungalow shall not be advertised as a short term rental nor on any short 44 term rental platforms. 45 6. Overnight accommodations and use of the property shall be permitted only for 46 Princess Anne Country Club members and their guests until or unless the building is 47 returned to residential use. 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 202_. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning d Co munity City Attorney's Office Development CA15962 R-2 November 2, 2022 2 Applicant Princess Anne Country Club Agenda Item Property Owners Princess Anne Country Club & Expansion One, LLC r�ru„i Planning Commission Public Hearing November 9, 2022 7 Virginia Beach City Council District 6,formerly Beach Request Change in Nonconformity (Expansion of Nonconforming Use—Country Club) ��► �o Imo'" i Staff Recommendation 6 boo O' CA�AIIERI)R 44' �� Approval g- Staff Planner ,.,. Elizabeth Nowak C t Location . 3901 Holly Road,488 Linkhorn Drive, 3800 x Pacific Avenue ` ill- . _3610 RO °�2418848645, 2418659235, 2418942388 � Sss Site Size s\ t4Ro :' s 320 ss 7,644 square feet q?% AICUZ `�°� 0,001 gel"Ir! 70-75 dB DNL Watershed Chesapeake Bay ; _ i �- Existing Land Use and Zoning District —_ - rq r ; Single-family dwelling/ R-7.5 Residential ` _ '`:1..,1 a. ;( .47-4,40' `:i• .-;1' ::- ',,,,,/:(-.---:-461:,(1.1T-44 4- .' .,*" Surrounding Land Uses and Zoning Districts , .� �,,� Al North r i s -', • Single-family dwelling/ R-7.5 Residential ., ' ' .- -"` . -.f 4 ..� '>'' _, ' South � 1•`: " ,• _,3 Surface parking lot for Country Club/R-7.5 - .4.''}` '.'. _ # 4-... Residential '� . ;-.{ li East �''0' a� k i Single-family dwelling, multi-familyhousing, .}; �'�''� `" 1 g Y g g � ; \\ � religious use/R-5D Residential `. ` �' y ..° - J` West - - *--A�►= . „Kro _ 'I Holly Road Golf course/R-40 Residential Princess Anne Country Club Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant is requesting a Change in Nonconformity to expand a nonconforming club use to include the property at 3901 Holly Road,which contains a c.1940s one-story bungalow. The Princess Anne Country Club members and their guests will be able to use the house for event space and overnight lodging.This use would be exclusive to club members and guests pursuant to Princess Anne Country Club policies and, as such, is considered an accessory use to the existing club. • The Princess Anne Country Club was founded in 1916.A clubhouse has been located on property between Holly Road, Linkhorn Drive, and Sea Pines Road since the first clubhouse was opened there in 1920.The current clubhouse was constructed in 2005 and replaced the early twentieth-century building, which was demolished in 2004. Other amenities have been added to the club over time including tennis courts, a pool, a fitness center, and additional parking on the large parcel where the clubhouse is located. The golf course is just west of the current clubhouse and is surrounded by residential development.The size and location of the golf course has remained consistent since its construction. • The applicant will make no changes to the bungalow at 3901 Holly Road. • The applicant will install no signage at 3901 Holly Road. • Two dedicated parking spaces for the house are located at 488 Linkhorn Drive, a parking lot owned by Princess Anne Country Club and intended for use exclusively by its members and their guests. 1110 P ri' 5 y s \ a' C?:3� 6 Zoning History' , /�'�'���A # Request � �� 1 CUP(Expansion of Religious Use&Child Care Education ` Center)Approved 06/14/2000 2 CUP(Golf Cart Storage Facility)Approved 11/12/2002 Ps, 2 110=-11 `ram 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 Princess Anne Country Club Agenda Item 7 Page 2 Evaluation & Recommendation The request to expand the legal non-conforming use is, in Staff's opinion, acceptable. Section 105(d)(1) of the Zoning Ordinance states, in part,that: No nonconforming use shall be increased in magnitude. No nonconforming use shall be enlarged or extended to cover a greater land area than was occupied by the nonconformity on the effective date of this ordinance or amendment thereto. No nonconforming use shall be moved in whole or in part to any other portion of the lot, parcel, or structure not occupied by the nonconformity on the effective date of this ordinance or amendment thereto, and no nonconforming structure shall be moved at all except to come into compliance with the terms of this ordinance. No nonconforming structure shall be enlarged, extended, reconstructed, or structurally altered, if the effect is to increase the nonconformity. As an exception to the above, any condition of development prohibited by this section may be permitted by resolution of the city council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than is the existing nonconformity. City council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. While the proposed expansion of Princess Anne Country Club to include the property at 3901 Holly Road would marginally increase the overall area that operates as the country club,the proposed use, in Staff's opinion, is equally appropriate or more appropriate than the existing nonconformity. The Princess Anne Country Club has been in operation here for over 100 years and has been enveloped over time by compatible residential development, such as the c.1940s one-story bungalow located at 3901 Holly Road. This proposal includes no structural alterations and, given the physical constraints of the site and that the applicant will limit use of the property to members and their guests only, it will generate little traffic or other development impacts on the adjacent neighborhood. Additionally, it is Staff's opinion that the proposed use will create a buffer between residents and more intense activities associated with the country club, such as traffic related to the parking lot immediately adjacent to the lot, which benefits the area overall. Staff also notes that historically,the Princess Anne Country Club provided on-site overnight accommodations for members.There were over 20 guest rooms available in the historic club house that were removed when that building was replaced with the modern club house.Though this use was interrupted in the early 2000s,that there is a history of this type of use coexisting with the established neighborhood and in a greater intensity gives Staff confidence that there will be little adverse effect in this expansion of the nonconformity. The Comprehensive Plan identifies this area as part of the Suburban Focus Area,which supports the development of "Great Neighborhoods."These kinds of neighborhoods support diverse, sustainable residential development and complementary non-residential uses. Golf courses and, in this case the associated country club, are complementary non- residential uses.The Princess Anne Country Club provides recreational opportunities to residents of Virginia Beach, as well as an idyllic backdrop for the surrounding neighborhood. The proposed expansion, as stated above,will help buffer club activities from neighboring properties. For these reasons, Staff is recommending approval of this application subject to the following conditions: Recommended Conditions 1. No additions to the dwelling that increase the square footage or alterations deemed substantial by the Planning Director shall be constructed. 2. The subject property shall be placed into common ownership with the Princess Anne Country Club or a single purpose entity owned wholly (100%) by the Princess Anne Country Club. 3. Dedicated, off-street parking for users of the bungalow shall be provided at the existing, adjacent surface parking at 488 Linkhorn Drive. Princess Anne Country Club Agenda Item 7 Page 3 4. No signage for the bungalow shall be permitted except for the street address. 5. Use of the bungalow shall not be advertised as a short term rental nor on any short term rental platforms. 6. Overnight accommodations and use of the property shall be permitted only for Princess Anne Country Club members and their guests until or unless the building is returned to residential use. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (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. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. The subject property is near several potentially eligible historic resources, including the Princess Anne Country Club Golf Course and Selden's Hall (420 Linkhorn Drive).The requested change in the nonconformity is unlikely to have any adverse effects on these resources. Traffic Impacts No change in traffic is expected with this proposal as the size and intensity of the use will remain unchanged. Public Utility Impacts Water The site currently connects to City water. The existing one-inch domestic meter may be used or upgraded to accommodate the proposed use. Sewer The site currently connects to City sanitary sewer. Princess Anne Country Club Agenda Item 7 Page 4 Public Outreach Information Planning Commission • The applicant reported that they met with surrounding property owners, and no objections were raised. Three letters of support have been received by Staff from adjacent property owners. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 23, 2022 and October 30, 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 October 24, 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 November 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 20, 2022 and November 27, 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 November 21, 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 December 2, 2022. Princess Anne Country Club Agenda Item 7 Page 5 Resolution 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 3901 HOLLY ROAD, 488 LINKHORN DRIVE, AND 3800 4 PACIFIC AVENUE 5 6 WHEREAS, Princess Anne Country Club (the "Applicant') has made application 7 to the City Council for authorization to expand the nonconforming use(Country club and 8 golf course)at 3901 Holly Road,488 Linkhom Drive,and 3800 Pacific Avenue and zoned 9 R-7.5 Residential Zoning District; 10 11 WHEREAS, this parcel currently contains a nonconforming country club and golf 12 course,which has been in operation since1916. The expansion is to add a single family 13 dwelling built in 1940 to the nonconforming country club, for event space and overnight 14 lodging only for members. The country club and the dwelling were constructed prior to 15 the adoption of the applicable zoning regulations and are therefore nonconforming; 16 17 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 18 approval of this application on November 9,2022; and 19 20 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 21 of nonconforming uses is unlawful in the absence of a resolution of the City Council 22 authorizing such action upon a finding that the proposed use as expanded be equally 23 appropriate or more appropriate to the zoning district than are the existing uses. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH,VIRGINIA: 27 28 That the City Council hereby finds that the proposed nonconforming use as 29 expanded by the nonconforming dwelling will be equally appropriate to the district as are 30 the existing uses and dwelling under the conditions of approval set forth herein below. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 1. No additions to the dwelling that increase the square footage or alterations deemed 36 substantial by the Planning Director shall be constructed. 37 2. The subject property shall be placed into common ownership with the Princess Anne 38 Country Club, or a single purpose entity owned wholly(100%)by the Princess Anne 39 Country Club. 40 3. Dedicated, off-street parking for users of the bungalow shall be provided at the 41 existing, adjacent surface parking at 488 Linkhom Drive. 42 4. No signage for the bungalow shall be permitted except for the street address. Princess Anne Country Club Agenda Item 7 Page 6 Resolution 43 5. Use of the bungalow shall not be advertised as a short term rental nor on any short 44 term rental platforms. 45 6. Overnight accommodations and use of the property shall be permitted only for 46 Princess Anne Country Club members and their guests until or unless the building is 47 returned to residential use. 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 202_. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning and Community City Attorney's Office Development CA 15962 R-2 November 2,2022 2 Princess Anne Country Club Agenda Item 7 Page 7 Site Context . -0-^ N,1 L ...4. -44 AC, 1 -f''' , SIC Awl.,;-1 • . ANT 1C A , it A I' - , ..10ii„ - ...011t .,_ r 4 - t .,..-- 4 , . .- pACI '‘.,-.. . P....-. _ sat li,i,H.: _ vt.t.,-(10 -- ' '.-- 1.-- pik „\, r. S. s :� Q i N/ ' e �� • -_ O lit - . • ; X . ......‘-- t • ,, ,40011.111;Ak f'S . a co = i - ' .. 1 , . ,,- : VI _ ,A, cc c v, ----..:-.731, ..fr ' ... r- lro, - 7:4-- -. _C c a n �� 13 J L , /liar ,\ _ _ s {�\y env O ,:. . ilw 1 ,-„-.;-....7,..0 :,., ,-._..,. . - 44114i.. "' . ..,V..... :,. „,.„,,elk ,. 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' Princess Anne Country Club Agenda Item 7 Page 9 Site Photos I_ '. - , r ! s - ,,�. _ --_= _ - /P 1v /_ _ ,'- -1"-._ dam= �, a ,a a 4 'C -7Sf e --, ;,, ,.�FyF _ �:-. .te:-- -7-: hX . ._ 14,_ , .....,.i..„1.,4:,-..,,. ..:„ . „,''.3c-' ,,-*; 1-'•• -,-- ."- , 1 - t . .•.i; rtv, NPIRTm. ,,fi , NAM__ , ,„, _ 41._ ,1 7 r I 0 , ...e >' fi�r..,�_� ---c rr'-_ — - d t ice' .a=_� ._ Princess Anne Country Club Agenda Item 7 Page 10 Disclosure Statement Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Princess Anne Country Club,a Virginia non-stock corporation Does the applicant have a representative? Yes ❑No • If yes,list the name of the representative. RJ Nutter,Troutman Pepper 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) Susan T.Pender,President;John Wilson,Vice President;David C.Burton,Secretary;Patrick L.Shuler,Treasurer Directors: Mike Cowan,Robert R.Beasley III,Amy Wyatt Metzger,Neil Brown,Shannon Poteran,Kelly Disharoon; Barbara Sessoms;John J.Hawa,Samuel E.Steingold,Nichole Legum&Roger Stroud • 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 entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business 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. 11P3g€ Princess Anne Country Club Agenda Item 7 Page 11 Disclosure Statement Disclosure Statement Planning&Community Devekvment r-- 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 It No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes I No • If yes,identify the financial Institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes it 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?❑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. 21 Princess Anne Country Club Agenda Item 7 Page 12 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. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any busness operating or to be operated on the property?❑Yes ■ No • If yes,identify the firm and individual providing the service. 8. is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■ YesONo • If yes,identify the firm and individual providing the service. RJ Nutter/Troutman Pepper 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 Slinrure Princess Anne Country Club,a Virginia non-stock corporation BY: Print Na nd Title John Wilson,Vice President Date '1 — is the applicant also the owner of the subject property? ®Yes D No Yes as to Properties(1)&(2);No as to Property(3) • 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 // ® ss No as of 1 Data I 11/18/2022 ti Signature 'a. /(4,r t r.G Print Name Eliiaeth Nowak 3 , Princess Anne Country Club Agenda Item 7 Page 13 Disclosure Statement Disclosure Statement 'U3 Planning&Community Development Owner Disclosure Owner Name Expansion One,LLC,a Virginia limited liability company Applicant Name Princess Anne Country Club,a Virginia non-stock corporation Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?l[Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list If necessary) Sole Member of Expansion One,LLC,is the Princess Anne Country Club,a Virginia non-stock corporation. • If yes,list the businesses that have a parent-subsidiary or affiliated business entity"relationship with the Owner. (Attach a list If necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what Is the name of the official or employee and what is the nature of the interest? 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. 5l Princess Anne Country Club Agenda Item 7 Page 14 Disclosure Statement Disclosure Statement \B eh cif VI**,Booth 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. TowneBank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • tf 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 ON 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 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?0 Yes ` No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?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 MI No • If yes,identify the firm and individual providing the service. 61Page Princess Anne Country Club Agenda Item 7 Page 15 Disclosure Statement Disclosure Statement NB atm o/VigbicBeath 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 In 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. Expansion One,LLC,a Virginia limited liability company Owner Si itt BY:PP.incess Anne Country Club,a Virginia non-stock corporation,SOLE MEMBER BY: Ss Y i1,4D-2/ Print Name and Title John Wilson,Manager Data 'F75(!zo Z2 71Page Princess Anne Country Club Agenda Item 7 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Princess Anne Country Club Agenda Item 7 Page 17 Virginia Beach Planning Commission November 9, 2022, Public Meeting Agenda Item # 7 Princess Anne Country Club (Applicant) Princess Anne Country Club & Expansion One, LLC (Property Owners) Change in Nonconformity (Expansion of Non-Conforming Use) Addresses: 3800 Pacific Avenue, 3901 Holly Road, 488 Linkhorn Drive RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you, Mr. Bradley. Next is item number 7, Princess Anne Country Club and Expansion One, LLC, a Modification of Conditions at 3800 Pacific Avenue and 3901 Holly Road. Mr. Nutter: Pleasure to be here. Mr. Chairman, and members of the Commission, I'm RJ Nutter to represent the applicant. We appreciate being placed on consent agenda and thank staff. They did a lot of work on this application. It is one little house but took a lot of work. So, we got there, and so thank you, appreciate it as always, and if you have any questions, I'd be happy to answer them. Mr. Weiner: Thank you. Any opposition to this being placed on the Consent Agenda? Hearing none, Ms. Cuellar volunteered to lead us into the record. Ms. Cuellar: Yes, the applicant is requesting a change in nonconformity to expand a non- conforming club use to include the property at 3901 Holly Road. It's a 1940's one- story bungalow. The Princess Anne Country Club members and their guests will be able to use the house for event space and overnight lodging. This use would be exclusive to club members and guests pursuant to the Princess Anne Country Club policies, and as such, is considered an accessory use to the existing club. Staff is recommending it, there are no objections. The Commission also recommends it for the consent agenda. Mr. Weiner: Thank you, Mr. Redmond. Mr. Chairman, I move for approval on the consent agenda. That's the end of our consent agenda. I move for approval on the consent agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, 22 through 38. Mr. Wall: Okay, all right. Thank you. So, Planning Commission places those on the consent agenda. So, the motion is... Mr. Weiner: The Planning Commission places those agenda items on the consent agenda. Mr. Wall: So, do I have a motion? Mr. Weiner: We made it. Mr. Wall: You made it right, but did you make it on? Mr. Weiner: Yes. Mr. Wall: I see that,just checking. So, the motion is made by Mr.Wiener? Is there a second? So, second by Ms. Cuellar. Are there any abstentions? Okay, vote is open. Madam Clerk: Vote is open. By a vote of 8 to 0 agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, and 22 through 38 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz ABSENT Bradley AYE Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. No additions to the dwelling that increase the square footage or alterations deemed substantial by the Planning Director shall be constructed. 2. The subject property shall be placed into common ownership with the Princess Anne Country Club or a single purpose entity owned wholly (100%) by the Princess Anne Country Club. 3. Dedicated, off-street parking for users of the bungalow shall be provided at the existing, adjacent surface parking at 488 Linkhorn Drive. 4. No signage for the bungalow shall be permitted except for the street address. 5. Use of the bungalow shall not be advertised as a short term rental nor on any short term rental platforms. 6. Overnight accommodations and use of the property shall be permitted only for Princess Anne Country Club members and their guests until or unless the building is returned to residential use. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Robert N. Taylor 908 Cavalier Drive Virginia Beach, VA 23451 October 3, 2022 Mr. Robert Tajan, Director Planning and Community Development 2875 Sabre Drive, Suite 500 Virginia Beach,VA 23452 Re: Condition Use amendment application by the Princess Anne Country Club Dear Mr. Tajan I am currently serving as the Senior Warden at Galilee Church and lead their Vestry or lay leadership group. Recently, I met with Bill Shonk and representatives from the Princess Anne Country Club who shared with me their plans to use the house the club owns at 3901 Holly Road as an accommodation for members and guests. I have discussed this with Father Buchanan and with our parish administrator Henry Conde and we are all in support of this application. Galilee Church owns several residential properties that neighbor the 3901 Holly Road address, and we have been impressed by the dramatic improvements the club has made to the residence and how well it has been maintained over the past three years. They have been great neighbors of the church for years, and we are happy to support their application. Sincerely fe.61.1-ma Bob Taylor October 3'd,2022 Mr. Robert Tajan, Director Planning and Community Development 2875 Sabre Drive,Suite 500 Virginia Beach,VA 23452 Re: Condition Use amendment application by the Princess Anne Country Club Dear Mr. Robert Tajan, My name is Jackie McAfee and I am writing on behalf of the application for Princess Anne Country Club to amend the conditional use permit to include the property at 3901 Holly Road. I live adjacent to the property and have met with representatives of the Princess Anne Country Club to discuss the permit. I understand that the Club intends to use the Bungalow for Members and their guests. We have family that has stayed as guests at the property in the past.The property has been improved dramatically and very well maintained these past three years.The appearance of the property is consistent with the area and the Club has always been a good neighbor. My husband Tom and I are in full support of the Club's application as to the requested use of the property.Thank you for your time and please let us know if you have any questions. Sincerely, k Ja k' McAfee .C- 4.-A--- October 14th, 2022 Mr. Robert Tajan, Director Planning and Community Development 2875 Sabre Drive,Suite 500 Virginia Beach,VA 23452 Re: Condition Use amendment application by the Princess Anne Country Club Dear Mr. Robert Tajan, My name is Paul Kane and I am writing on behalf of the application for Princess Anne Country Club to amend the conditional use permit to include the property at 3901 Holly Road. I live across the property and have met with representatives of the Princess Anne Country Club to discuss the permit. I understand that the Club intends to use the Bungalow for Members and their guests.The property has been improved dramatically and very well maintained these past three years.The appearance of the property is consistent with the area and the Club has always been a good neighbor. I am in full support of the Club's application as to the requested use of the property.Thank you for your time and please let me know if you have any questions. Sincerely, e ...,./2"//2 Paul Kane j7rIci"Vir NW /V . viVir, c) - 'ci) VS% 4* .0\ i ' :D. tNii" 0 CI in z4'7 - LiR Lcre) a m - IP° AIM( * NaWei N O q m I Pa I I a 1 :TX 4414 CO ° 0 00 ICV it:W ****0 C. % V al°' ! 02 e . c\ \0 I ° 1,, 0 4 N*# A ak 1 17c= 6\ ^ C71 a#, . 1** */,' imaz.io • ‘01\ v . Nter • rIN ria vo.�� w,,b� '°‘ * e \N"0$0 I '- o 7(0414VA /4:V I . tt. %ri . L,,,,, � o V_ a rgVb * J #illok N-ArEt\--- N k4"4": 4 /70 1 N \Ar A 4 \w m J o 0 r Op p cn �� ' % . � cQl,r o7 r � p p -/1/4- sw* o_ — o 1 014 ‘IT CC1 ;' si. i N 4 0 ctii-\ 01 e*0* 10, 0 ' a 0 aAF _•. V aa o swi ,,, ,ii 1 ,.. .... , * 0- c 0 ��a a/ ♦ •�O 4 ., .."4„ ._ 0 a rI�'r'bal!Pay c .- 4Ejc� x > " g�si � ,J 4� i� CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: SXCW PROPERTIES II, LLC [Applicant & Property Owner] Conditional Use Permits (Car Wash Facility & Automobile Service Station) for the property located at 3264 Holland Road (GPIN 1495093490). COUNCIL DISTRICT 3, formerly Rose Hall MEETING DATE: December 6, 2022 • Background: The applicant seeks approval of two Conditional Use Permits to operate a 4,115 square foot, single-bay, automated car wash facility and an automobile service station with 12 fuel pumps on property zoned B-2 Community Business District along Holland Road. A similar request was sought by the applicant in 2017 and received a positive recommendation from the Planning Commission. Ultimately, the applicant withdrew the application in large part due to opposition from the adjacent residential community. A review of the official record indicates that much of the community's concerns centered around having commercial uses at the entrance to the neighborhood. At the time, the Strand Shopping Center, located on the south side of Warwick Drive - which is the right-of-way that provides vehicular access to the neighborhood and also the commercial properties - had not been developed. The existing shopping center was developed by-right under the existing commercial zoning and contains a mix of retail and restaurant uses. The submitted layout depicts only one point of ingress/egress for the site which will be along Warwick Drive and in line with the existing ingress/egress for the Strand Shopping Center. A 10-foot wide, asphalt, publicly accessible, pedestrian trail with benches are proposed around the perimeter of much of the site that will connect to the sidewalks on Warwick Drive and Holland Road. An easement will be recorded whereby the public will have access to this trail in perpetuity. The exterior facades of the car wash building are proposed to be constructed with gray color brick, cement stucco, glass, and spandrel panels. The fuel canopy is proposed at the front of the site along Warwick Drive and Holland Road and is designed to be of similar color scheme and materials as the car wash building. • Considerations: The proposed site layout locates the most intense use along Holland Road, away from the dwellings. The applicant worked with Staff on the site layout and color scheme for the proposed building and structures. The Planning Commission concurred with Staff that the proposed buildings and structures will be SXCW Properties II, LLC Page 2 of 4 complementary to the by-right commercial development along Holland Road in the immediate vicinity. In an effort to ensure compatibility with the neighborhood, at the Planning Commission meeting the applicant agreed to increase plantings within the buffer along Old Clubhouse Road adjacent to the townhouse community and to modify the hours of operation of the Car Wash Facility to be open no later than 8:00 p.m. These modifications are reflected below by underlined text in the updated Condition 1 and 10. In addition, as desired by the adjacent neighborhood, the proposed publicly accessible pedestrian trail around the perimeter of the site and the stormwater management pond will become a recreational amenity for the nearby residential community. A single vehicular access point is proposed on Warwick Drive for the development and is deemed acceptable by Staff. The proposed access point will align with the existing access point of the existing shopping center across Warwick Drive. As required and as depicted on the Conceptual Site Plan, a left-turn lane on Warwick Drive will be installed with the development. The proposed uses would likely generate less traffic volume as compared to other uses, such as a fast food restaurant, that could be developed as a matter of right on property zoned B-2 Community Business District. The site is within the 70-75 dB DNL noise zone and the Accident Potential Zone 2 (APZ-2) of the Air Installations Compatible Use Zones (AICUZ) where these uses are deemed compatible. The proposed parking arrangement and buffers/screening and other required landscaping all satisfy the requirements of the Zoning Ordinance. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. The applicant did extensive public outreach including door-to-door visits, an in-person meeting, a virtual meeting, as well as phone calls with identified civic leaders in several of the nearby neighborhoods. Staff received seven letters of opposition and one letter of support. A petition of support with 60 signatures was also provided by a member of the community. There was one speaker in opposition and two speakers in support at the Planning Commission's public hearing. The opposition noted concerns related to increased traffic and crime as well as apprehension regarding children safety. • Recommendation: On September 14, 2022, the Planning Commission passed a motion to recommend approval of these requests by a vote of 9 - 1, subject to the following conditions: Conditions for Car Wash Facility and Automobile Service Station: 1. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled, "SXCW — Holland & Warwick — 3264 Holland Road, Virginia Beach, VA," prepared by Eagle Engineering, dated July 21 October 18, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. SXCW Properties II, LLC Page 3 of 4 2. The exterior of the proposed building, fuel canopy, vacuum canopy, vending enclosure, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "Sam's Xpress Car Wash — Color Elevations — Holland Road, Virginia Beach, VA," prepared by Oakline Studio Architecture + Design, and dated August 12, 2022, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the car wash building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "SXCW — Holland Rd - Virginia Beach, VA" prepared by ASI Signage Innovation, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 1 above. Said plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 5. The 15-foot wide landscape buffer adjacent to the existing Apartment District and along Old Clubhouse Road depicted in the Conceptual Site Plan referenced in Condition 1 above shall be planted with material approved by the DSC Landscape Architect. Plantings shall be installed at a minimum of four feet in height and be allowed to grow and be maintained at a height of no less than eight feet. Said plant material shall include a mix of 70% evergreen trees and 30% deciduous trees. Said buffer shall be properly maintained and any dead, diseased or dying plant material shall be replaced. 6. Prior to the issuance of a Certificate of Occupancy, the following easements shall be established: a. A one-foot no ingress/egress easement on the property line adjacent to Holland Road and adjacent to Old Clubhouse Road. b. A public easement to allow pedestrian access on the 10-foot wide trail depicted in the Conceptual Site Plan referenced in Condition 1 above. c. An easement to allow the placement of the Scarborough Square's community sign on this property. 7. The existing freestanding neighborhood sign for Scarborough Square shall be repaired or replaced with a freestanding sign, no taller than eight (8) feet in height and shall be no larger in sign area than the existing sign. Said sign design and placement location shall be subject to the approval by the Planning Director. SXCW Properties II, LLC Page 4 of 4 8. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the rights-of-way as approved by the Planning Director. 9. All light poles shall be no taller than 14 feet in height and all lighting shall be shielded to be contained on site. 10.The hours of operation of the Automobile Service Station shall be limited to between the hours of 6:30 a.m. to 10:00 p.m., daily and the Car Wash Facility with associated vacuum stations shall be limited to between the hours of 7:30 a.m. to g 8:00 p.m., daily. 11.Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs. The community sign for Scarborough Square shall be excluded from this limitation. c. No striping shall be permitted on the fuel canopy. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. e. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1) Petition of Support (60 signatures) Letters of Opposition (7) Conceptual Site Plan (11x17) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart ent/Agency: Planning Department Yr0 City Manager: 16).—• Cv. 0#b Applicant & Property Owner SXCW Properties II, LLC Agenda Planning Commission Public Hearing September 14, 2022 Items City Council District 3,formerly Rose Hall 3 St 4 ('i( 0 - Virginia Beach Requests #3 -Conditional Use Permit (Car Wash Facility) #4- Conditional Use Permit (Automobile `ram �� 3 Service Station) : ilif*Cf..9\44‘ %lb/ i Staff Recommendation �y Approval / j Qd c * • , --'- �� PP Staff Planner `�+o,A� �� , I '• ) Location 3264 Holland Road GPINs / • % <11w o ; 1495093490 e aV P"env Site Size ,op ,,� R�¢^ 4.47 acres SoQay`,..\\01, • . , G iioad AICUZ - -/- 1Qps 70-75 dB DNL;APZ-2 stew" 11 N ' Watershed Chesapeake Bay Existing Land Use and Zoning District 41 !- '' ' Vacant parcel/ B-2 Community Business ` . % 'e. .• ' = 's j'i if Surrounding Land Uses and Zoning Districts , <F �_��$► ; .ky,�s ,,.,9 •r _, North ,; ,' . h �y r it Townhomes/A-12 Apartment ,, i ` �, *`'' t` South .:q *. , .� Warwick Drive *-. 44'. x v Shopping center/ B-2 Community Business ►`ez �, _ • • rt . '''.."-1*--, : 't° _ . East �� ;74, ,.r v- • Old Clubhouse Road <,'' , , -` -�:�., '•`, Townhomes/A-12 Apartment t ,) - West y • '1": ,-.-`.- Holland Road -� =*• E A.,_., {; Child day care,townhomes/ B-2 Community g 1-117 r i. :1i:AIL T. ,_;` Business, PD-H1 Planned Unit Development � 44/4 - ' '� -_ SXCW Properties II, LLC Agenda Items 3 &4 Page 1 Background & Summary of Proposal • The applicant seeks approval of two Conditional Use Permits to operate a 4,115 square foot, single-bay, automated car wash facility and an automobile service station with 12 fuel pumps. • The property is zoned B-2 Community Business District and is located near the intersection of Lynnhaven Parkway and Holland Road.The site is also within the 70-75 dB DNL noise zone and the Accident Potential Zone 2 (APZ-2) of the Air Installations Compatible Use Zones (AICUZ) associated with Naval Air Station Oceana. • A similar request was sought by the applicant in 2017 and received a positive recommendation from the Planning Commission. Ultimately,the withdrew the application in large part due to opposition from the adjacent residential community. A review of the official record indicates that much of the community's concerns centered around having commercial uses at the entrance to the neighborhood. At the time,the Strand Shopping Center, located on the south side of Warwick Drive at the entrance to the residences had not been constructed.The existing shopping center was developed by-right under the existing commercial zoning and contains a mix of retail and restaurant uses. • The submitted layout depicts one ingress/egress point along Warwick Drive, across the street from the Strand Shopping Center's entrance. No additional access is proposed along Holland Road or Old Clubhouse Road. A 10-foot wide asphalt pedestrian trail with benches are proposed around the perimeter of much of the site that will connect to the sidewalks on Warwick Drive and Holland Road. An easement will be recorded whereby the public will have access to this trail in perpetuity. • The exterior facades of the car wash building are proposed to be constructed with gray color brick, cement stucco, glass, and spandrel panels. • A 163-foot long by 26-foot wide fuel canopy is proposed at the front of the site along Warwick Drive and Holland Road. The fuel canopy is designed to be of similar color scheme and materials as the car wash building. • The Conceptual Site Plan depicts 32 parking spaces, of which 23 are designated for the vacuum stations and nine spaces are designated for customer and employee parking.This arrangement satisfies the requirements of the Zoning Ordinance. • The required streetscape, foundation, and perimeter buffer and screening plantings are depicted on Conceptual Site Plan. As required, a 15-foot wide buffer with Category IV landscaping (a mix of evergreen trees and shrubs) is depicted along the property line shared with the rear yards of the existing adjacent townhouse development. • Four outdoor vending machines are proposed near the vacuum stations.The vending machines will be screened, as required, and will not be visible from the rights-of-way. • A freestanding monument sign with a brick base is proposed along Holland Road. • The existing non-conforming community sign for Scarborough Square will be redesigned to comply with the dimensional standards of the Zoning Ordinance. • The proposed hours of operation for the Automobile Service Station are 6:30 a.m.to 10:00 p.m. daily and 7:30 a.m. to 9:00 p.m. daily for the Car Wash Facility. SXCW Properties II, LLC Agenda Items 3 &4 Page 2 .j+�'� *i''% �.•'ir�. 14 A, . fn.eftp,_el, , ,,,," oil( istria.,..140,46.J07. /,47/ in i►I �I♦`• at6 �irl ! �� Zoning History 7r� �i,V te4A ',,4,71•0 # Request i�� jt(. p. 440 4 y of• 1 CUP(Car Wash Facility&Automobile Service Station) ;\ ���*��t� Withdrawn 06/05/2018 itt; �� :Ii ip/ 2 CUP(Automobile Repair Garage)Approved 07/12/2016 �L�s \ � �I� I i ', e, 1�j 3 CUP(Car Wash Facility&Automobile Service Station) �) > / ,lQ�,. Approved 08/24/1999 -0%`, ,,9- a t 4 CRZ(A-12 to Conditional R-5D)Approved 10/14/1994 max, \ /��� ;" y ~ 5 LUP Approved 1974 r { pp '',2 .‘,4401 ., ,,, ,( O \" , ,,,,_ ,Z\,. ' ' ....., C3 (<5°' Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The proposed requests to develop the site with a car wash and gas station are acceptable. This site is located within the 70-75 dB DNL noise zone and a small portion of the property on the eastern side falls within the Accident Potential Zone 2 (APZ-2) of the Air Installations Compatible Use Zones (AICUZ).The proposed uses are compatible within this noise zone and the site layout shows all structures are proposed to be outside of the APZ-2 area.The proposed site layout, in Staff's opinion, is respectful of the existing neighborhood by locating the most intense use along Holland Road, away from the dwellings.The applicant worked with Staff on the site layout and color scheme for the proposed building and structures. Staff is of the opinion that the proposed building and structures exterior façade will be complementary to the by-right commercial development along Holland Road in the immediate vicinity. In an effort to ensure compatibility with the neighborhood,the applicant agrees to adjust the color scheme on the fuel and vacuum canopies to be more aesthetically pleasing at the entrance into a residential community. A 15-foot wide buffer is also proposed to be planted with evergreen species that will provide both a visual and physical barrier between the site and Old Clubhouse Road and the site and the townhouse community. In addition, as desired by the adjacent neighborhood the proposed publicly accessible pedestrian trail around the perimeter of the site and the stormwater management pond will become a recreational amenity for the nearby residential community. The developer also agrees to either replace or repair the existing non-conforming community identification sign and establish an easement for it to be located on this property. While only one freestanding sign is typically allowed on each property, Section 215(c) of the Zoning Ordinance allow City Council to grant deviation from this requirement for non-conforming signs. The Scarborough Square's community sign has been on this property for decades and with this development,will be replaced or repaired with an easement granted to the community for future maintenance. Different from the 2017 request,the current proposal does not include the potential of subdividing this parcel into two lots. Instead,the development will occupy the entire parcel and the area that was proposed in 2017 to be subdivided out for another commercial user is designated for the stormwater management pond with recreational amenity for the nearby residential community.The current proposal also includes substantially more landscape buffers through the site, especially along the rights-of-way and adjacent to the townhomes. SXCW Properties II, LLC Agenda Items 3 &4 Page 3 A single vehicular access point is proposed on Warwick Drive for the development and is deemed acceptable by Staff. The proposed access point will align with the existing access point of the existing shopping center across Warwick Drive. As required and as depicted on the Conceptual Site Plan, a left-turn lane on Warwick Drive will be installed with the development. The proposed uses would likely generate less traffic volume as compared to other uses, such as a fast food restaurant,that could be developed as a matter of right on property zoned B-2 Community Business District. Based on the considerations above, Staff recommends approval of these requests with the conditions listed below. Recommended Conditions for Car Wash Facility & Automobile Service Station 1. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled, "SXCW—Holland & Warwick—3264 Holland Road,Virginia Beach,VA," prepared by Eagle Engineering, dated July 21 October 18, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building,fuel canopy,vacuum canopy,vending enclosure, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "Sam's Xpress Car Wash— Color Elevations—Holland Road,Virginia Beach, VA," prepared by Oakline Studio Architecture+ Design, and dated August 12, 2022,which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the car wash building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "SXCW—Holland Rd -Virginia Beach,VA" prepared by ASI Signage Innovation, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 1 above. Said plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 5. The 15-foot wide landscape buffer adjacent to the existing Apartment District and along Old Clubhouse Road depicted in the Conceptual Site Plan referenced in Condition 1 above shall be planted with material approved by the DSC Landscape Architect. Plantings shall be installed at a minimum of four feet in height and be allowed to grow and be maintained at a height of no less than eight feet. Said plant material shall include a mix of 70% evergreen trees and 30%deciduous trees. Said buffer shall be properly maintained and any dead, diseased or dying plant material shall be replaced. 6. Prior to the issuance of a Certificate of Occupancy,the following easements shall be established: a. A one-foot no ingress/egress easement on the property line adjacent to Holland Road and adjacent to Old Clubhouse Road. b. A public easement to allow pedestrian access on the 10-foot wide trail depicted in the Conceptual Site Plan referenced in Condition 1 above. c. An easement to allow the placement of the Scarborough Square's community sign on this property. 7. The existing freestanding neighborhood sign for Scarborough Square shall be repaired or replaced with a freestanding sign, no taller than eight (8)feet in height and shall be no larger in sign area than the existing sign. Said sign design and placement location shall be subject to the approval by the Planning Director. SXCW Properties II, LLC Agenda Items 3 &4 Page 4 8. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the rights-of-way as approved by the Planning Director. 9. All light poles shall be no taller than 14 feet in height and all lighting shall be shielded to be contained on site. 10. The hours of operation of the Automobile Service Station shall be limited to between the hours of 6:30 a.m.to 10:00 p.m., daily and the Car Wash Facility with associated vacuum stations shall be limited to between the hours of 7:30 a.m. to 4 8:00 p.m., daily. 11. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8)feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs.The community sign for Scarborough Square shall be excluded from this limitation. c. No striping shall be permitted on the fuel canopy. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. e. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted.The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. SXCW Properties II, LLC Agenda Items 3 &4 Page 5 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. A portion of this site is located in the Resource Protection Area,the most stringently regulated portion of the Chesapeake Bay Preservation Area. No development is proposed in this portion of the site.There do not appear to be any significant cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 31,800 ADT1 32,700 ADT 1(LOS 4"D") Existing Zoning 2—2,475 ADT Warwick Drive No Data Available 9,900 ADT 1(LOS 4"D") Proposed Land Use 3—2,064 ADT lAverage Daily Trips 2 as defined by a 4.5-acre parcel 3 as defined by a car wash facility °LOS=Level of Service zoned B-2 with 12 fueling pumps Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Holland Road is considered a four-lane divided minor urban arterial.The existing infrastructure currently resides in a 95-foot wide right-of-way. The MTP proposes a six-lane facility within a 165-foot wide right-of-way. There currently is no roadway CIP project slated for this segment of Holland Road. Warwick Drive in the vicinity of this application is considered a two-lane undivided collector road.The existing infrastructure resides in a 60-foot wide right-of-way. It is not identified in the MTP and there are currently no roadway CIP projects slated for this section of Warwick Drive. Public Utility Impacts Water The development must connect to City water. There is an existing 16-inch City water main along Holland Road, an eight- inch City water main and four-inch plugged water service line along Warwick Drive and a six-inch City water main along Old Clubhouse Road. Sewer The development must connect to City sewer. There is an existing eight-inch City gravity sanitary sewer main along Warwick Drive.There is an existing eight-inch City gravity sanitary sewer main along Old Clubhouse Road. Public Outreach Information Planning Commission • The applicant reported that they spoke with the representatives from Scarborough Square Civic League, Holland Farms Civic League, Cardinal Estates Civic League, and the surrounding property owners on Old Clubhouse Road and Yorkborough Way.The vast majority were in support of the proposal with one in opposition of having car wash operation at this location. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on August 15, 2022. SXCW Properties II, LLC Agenda Items 3 &4 Page 6 • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 28, 2022 and September 4, 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 August 29, 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 September 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 20, 2022 and November 27, 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 November 21, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/govern ment/departments/city-clerk/city-cou nci I/Documents/Bookma rkedAgenda.pdf on December 2, 2022. SXCW Properties II, LLC Agenda Items 3 &4 Page 7 1, -t 0 13 0 N Q (/1 iltit oirvt?.. , ,, s....,._ 40. #4 IIINIINIMM. ..., .o. <4 2'5""'C--'7.''f- 1,!‘ill' ; r *.f.a.. 1 4. -- - ! //71107 --AP\?4, / 11 4-01 -' A, ‘ to ' 0 16.""*e / / / utiwiecAPPKP MUM, IOK PRELIMI\AR\' 72 1 / 0 s►aE wvotvtaarrrarA ,w .1, / ; " , �, ammo x cam.re:.n a.•- V, f11W� .. m VICINITY MAP / / Ie... v ]_i V.Y PP,. NI/' . ' \ • ' ......,» ........... 0 Po* � i N • -).) ! 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T1 fD CD vi '-e i) Signage Specifications ae AI UGIfTED ALUM►IUM SIGN CABINET ♦ road-side A Cfrl 108'x 66 a 20'deep edemaly lghted s,grt cabinet crtstn.feted from alum mum with 1`1/r alur»rnrr ant>te ',meows and eau den,Retainers rnnst.aln the sub surface ma •stde B-road V• panted translucent polycaetdtate panels and Surface V M ito pal-fed abr`rnen Pa.',Al face panels are removable. la` I asks 'r • wfM �� >ti'r+"'r.AA er� Badlground Method:Sarface painted. ��--��-- s - r - - ...-._..._ Btacxground Color Whrte with s semi gloss finish. ; - •- - n -r-..-•�.•.Ir: Maur (squar t tee+Mnport caves mounts down ' ; l -� ; over t�•square tteeltuppdrl post a. 1 ' E N .�..... �, E N--�.•:-�,,, fill&IC1 POtYCAPBONATE SIGN PANELS 'I' _ 1`t/6•dear oobcarbo•+ate face panels wdh all colors/ a.....,.. } Vie._...-.v.. tct grephes dtgealy peon:or and Dp(tlad to aeeund Surface. 4` wta n.a.. I Regular T"'r< t.•{Iylar oe.e ere `•a.••.e Ter Wase rl awl Wax a!•s.I1r..a. 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The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name SXCW PROPERTIES II,LLC Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. Leslie R.Watson,Esq.and Christopher A.Pocta,Esq.,Wolcott Rivers P.0 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) Sarni I Nafisi,Manager and CEO;Sam's Car Wash Holdings,LLC • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity=relationship with the applicant. (Attach a list if necessary) Sam's Car Wash Holdings,LLC "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly Owns shares possessing more than 50 percent of the voting power of another corporation." See State and 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 11 SXCW Properties II, LLC Agenda Items 3 &4 Page 19 Disclosure Statement Disclosure Statement CV y of Virynuu Box+ '--- -- -----.Al ..... ., . Mi3 Planning&Community _.__, '' r r _ti�. 10-_ —: 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? 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. N/A 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. N/A 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. N/A 4. Does the applicant have services from an architect/landscape architect/land planner provides in connection with the subject of the application or any business operating or to be operated on the property?X Yes ❑ No • If yes,identify the firm and individual providing the service. Eagle Engineering-Jeremy Roberts 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. N/A Revised I1.09.2010 2 SXCW Properties II, LLC Agenda Items 3 &4 Page 20 Disclosure Statement Disclosure Statement \113 City of t'ovvrea,H.s.n 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. Construction Contractor is TBD 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?W Yes ❑No • If yes,identify the firm and individual providing the service. Eagle Engineering-Jeremy Roberts;JenningStephenson,PC 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?MI Yes ❑ No • If yes,identify the firm and individual providing the service Wolcott Rivers P.C.,Leslie R.Watson and Christopher A.Pocta Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,ant 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 AnthoniWarren,Development Director Print Name and Title iutaa 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 Date 2022.11.16 Signature Print Name Hoa N.Dao Revised 11.09 2020 SXCW Properties II, LLC Agenda Items 3 &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. SXCW Properties II, LLC Agenda Items 3 &4 Page 22 Virginia Beach Planning Commission September 14, 2022, Public Meeting Agenda Items # 3 & 4 SXCW Properties II, LLC (Applicant & Property Owner) Conditional Use Permits (Car Wash Facility & Automobile Service Stations) Address: 3264 Holland Road RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Calling the last agenda items, agenda items 3 and 4, SXCW Properties II, LLC. Applications for Conditional Use Permits (carwash facility and automobile service station) at 3264 Holland Road in Council District 3 formerly the Rose Hall District. Would the applicant or the applicant's representative please step to the podium and state your name. Mr. Wall: Please state your name for the record. Mr. Pocta: My name is Chris Pocta, local real estate and land use attorney with Wolcott Rivers Gates, and it is a pleasure to be here, and I want to thank the Planning Staff for many hours dedicated to coordinating on this, and resolving some issues, and putting forth this plan. I think Mr. Dao has probably returned more of my phone calls than he intended to and their office has been extremely communicative and helpful, and so I wanted to thank them. I also thank the residents of the nearby Scarborough Square in the adjacent properties. I've had the chance to meet a lot of folks in those neighborhoods, and their insights and opinions, and an input has been really valuable I listened to in developing this project. A little bit of introduction to my client. They're Sam's Carwash, so SXCW Properties II, LLC is the owner of the property, and they operate as Sam's Express Carwash, and they're based out of Matthews, North Carolina. Two of the folks from the corporate office have actually come up here today, travelled about five hours or so to be here. They've met with some of the residents, and they're here to speak as well should any questions arise for them. This is going to be their second site in Virginia Beach. So one was approved a few months ago on Sandbridge, and Fischer Arch, and they look forward to expanding and investing in our community. A few things about them as well, they hire from the local community or in a time where I think hiring is an issue, and in Sam's invests in the local community to provide employment opportunities. They've also contributed a great deal on all their sites, and this one will be no exception to the local communities, non-profits, sports leagues. They've contributed over $500,000 in the short time that they've been open for the last decade, to non-profits in some of the sites in which they served, and they're very environmentally friendly. They recycle about 90% of the water that they use. They use biodegradable chemicals in their privately owned and operated company. A little bit of background about this particular project, I think it's warranted just sort of based on the history, if you don't mind, but the property has been zoned B-2 for over a decade. There was previously a shopping center that was approved on this site by a different applicant, but back in 2017, this applicant put forward two applications for Conditional Use Permits for a carwash and gas sales like this one, and that was before most of the other shopping center that has the Lidl on it, and some of the other things had been built out,that is about five years ago. Our clients have since purchased the land, and initially that 2017 application was recommended for approval by this Planning Commission, but the plan then was a bit different than now and I wanted to describe some of those differences because I think they're very relevant, especially with community engagement. Previously, there was an out parcel as part of this proposal that had the option to subdivide a separate, I believe two-acre parcel, for another B-2 use, by right use even, and at that time, some of the residents I should say in the adjacent Scarborough Square, Cardinal Estates and Holland Farms neighborhoods. They expressed some opposition and concern about primarily traffic, but also crime and noise, and so when I went to council, the matter was deferred, and then our client withdrew the application, so to engage the community to get additional feedback to see how the plan could perhaps be revised to meet and address some of the concerns of the community. So that's exactly what they've done. Over the course of the last five years, you will see on the site plan some significant changes. The first and probably the most significant is the removal of that out parcel. It would have, under a previous plan allowed another B-2 use to go in there generating a significant amount of traffic, and in addressing the community's concerns about traffic, that has been removed, it's been replaced with a BMP in the walking trail, and I've personally gone door-to-door, I met several residents, and many of them are very excited about the opportunity to walk or jog or, take their dogs or kids on the walking trail itself, that's a significant change. They've replaced that out part. So as I mentioned, not only with the walking trail, but there's some open space there that wasn't there previously. So benches, there's that BMP and some additional landscaping, so some additional green, and then also they've added a turn lane. So there's a turn lane that's going on to the site from Warwick, and there's no longer any ingress or egress from Holland, so there won't be any ingress or egress from Holland. There's no ingress or egress from old clubhouse, and only a turn in exactly opposite to the other turn into Lidl. This is the turn in from Warwick. We've had the chance, as I mentioned over the course of the last five years to revise a site plan to address some of the community's concerns, but especially over the course of the last couple of months, we've met in person with some residents, we've held a virtual meeting for those who had COVID concerns, to hear some additional concerns or comments about the plan to get some feedback, and as mentioned, I personally, and some other residents have gone door-to-door to give feedback. In fact, one resident, a resident of Holland Farms, who oversees their Neighborhood Watch, she engaged some residents and had a petition, I think there were about 70 to 75 people that signed that petition in support of the project. We recognize there are ongoing complaints and concerns just as there was in 2017, and our client has done their best and work tirelessly with their engineers with city planning to address those concerns, and I believe has done a very good job of doing so.There were some other questions that have come up with Planning about hours of operation and then also maybe some additional landscaping along Old Clubhouse Road, and so our client has agreed to add some additional landscaping along Old Clubhouse Road. Right now they're presently canopy trees that are along the road there that you'll see, but they're going to further supplement the landscaping there to shield any additional noise or lighting or things like that to address that concern. We also have an agreement as of the last 30 minutes; we've gotten approval from corporate headquarters to reduce the hours to 8 o'clock to be consistent with some of the other neighboring carwashes in the area. However, we've also received some feedback from residents who have said that they would prefer the carwash to stay open at the original time, which was to close at 9 p.m. So what we'd like to do is to continue engaging the community to see what the preference is there. So again, that's the project, two Conditional Use Permit applications before you all, and I have two members of the team from Sam's Carwash to answer any additional questions, provide any additional feedback, and then obviously I'm here for questions as well. Mr. Wall: Okay, thank you. Are there any questions for this speaker? Madam Clerk: Mr. Chairman, we have three speakers signed up for this, two in-person, and one WebEx. I am going to call the in-person speakers first, Linda Russell, followed by Deborah Wilson. Ms. Russell: I'm Linda Russell, and I live in Cardinal States, but my son moved out of my house in 80, and he lives since Scarborough Square. So I kind of know about both neighborhoods, and I know all of y'all except these three here, and I would like for you to approve this. I think it's a good, I mean, I know I loaded them with emails. I've been there since the beginning, my neighborhood was first and the rest is calm, and I'm okay with all the development, you know, we opened Holland Road, Holland Swamp Road, what it was called when I came and horse and buggies and and all that and a one room schoolhouse that's just been amazing. This has been my journey, and this will close that journey except for right near Ships Corner Road, we have a bunch of trees out there, and what's gonna happen is they're going to put a storage unit up there, and so Barbara Henley and myself and all the parks people, still go out and eat because we're going to use that meal tax to buy that piece. So this will fill up the hole. I've seen it all. These people chose us, okay, we didn't spend, have to spend any money to get them here. It's like and then they bend over backwards, and I hope you all approve it again, and I'm okay with. If it don't light up like a Christmas tree until 9 o'clock, I don't see any reason that they can't stay open until 9 o' clock. It's getting in traffic and getting home and, going out and getting a carwash, you're almost like that, you almost have to have those hours, you know, but that's okay, the traffic is good. When you see down the Holland Road, we are turned down, it's just amazing. It's just time for us to do that, and Holland Road was open for that reason. So let them build, and something you ask about the church because they make a little walkway, you know,the one before for us the church, because them make a walkway into. When we took the break, went over there and asked them if they could do that, and they said yes. So they would be happy because they have kids in there, you know, kids and seniors much to go together. They have a food bank there. Mr. Wall: Stick this to the application. Ms. Russell: But anyway, like I said, I went there and they were okay with it, and if you want to pass that on, you know, to the client or maybe I'll film city council or something. They're happy with that, so if you if you want to like... Mr. Wall: Alright, Ms. Russell, you're good. We appreciate your comments. Thank you very much. Ms. Oliver: Thank you, Ms. Russell. It's always nice to see you. Madam Clerk: Deborah Wilson Ms. Wilson: Good afternoon ladies and gentleman. My name is Dr. Wilson, and I am going to have 1, 2, 3 items that I am going to discuss with you today. It is going to be brief and short. Number 1, United States is a capitalist society. You have two types of organizations here; you have commercials, and non-commercials. Sam's is a commercial company and that is what a capitalist society is based on. Non- commercial, non-profit organizations, we went for this before several years; I was here several years ago before you. We have not had any non-commercial that came before you that are willing to develop the property. Next we have church; we haven't had any that have come forward and fully. We have government, you, and the city. You could have bought the land that has already been through three different hands, right?You didn't buy it, you haven't suggested to do anything there for the community. So Sam's have suggested they are going to put a carwash and a gas station and it is going to profit our community, so I am in support of that. Number 2, time of operation, almost every business on Holland Road closes at 9 p.m. except Wal-Mart, Wal-Mart close at 11, Food Lion closes at 11, Lidl closes at 9, and all the other businesses, Hardee's, Wendy's that are all built during the course of the time that we have been fighting to build this carwash here, they all closes way past 9 o'clock. In terms of our neighborhood noise control, we have up until 10 o'clock to make noise in our community. If the carwash closes at 10, they are in the limits of the community and what we expect. I've taken the time two days to walk my entire community, the entire Holland and I've had the signatures I think that are produced to you today of many people who are in agreement with have in the company there and that took me a lot of time. That took me a whole tank of gas also, so I need my gas. Last respect for the environment, I think we saw what they're gonna do it a portion of the land, and I love the idea and the community because when I went to every house in Holland Farms in the last 48 hours, everybody agreed and enjoyed the environmental portion, having the trees, having the benches for the kids, having the dog walk, etc. So a lot of people are in agreement and I learned this from Cardinal Estates, she covered Cardinal Estates, I covered Holland Farms, and I covered the exact portion behind which is Yarbrough way, which is behind the carwash, and as you can see, we had about three people going to show up and they're not because they agree with us now. Mr. Wall: I appreciate, your time is up? Are there any questions for the speaker? Thank you very much for your comments. Madam Clerk: Our final speaker is WebEx, calling Theodore Jamison, Mr. Jamison, please begin your comments. Mr. Jamison: [Audio Cut] Mr. Wall: Okay, thank you. Any there any questions for this speaker? Seeing none, will the applicant please come up? Mr. Pocta: Just to speak to a few things for Mr. Jamison. First, I wanted to thank him and all the residents who have come out to the meetings over the last couple of weeks and months to express their opinions. There was a concern in 2017 by some folks about traffic and Mr. Jamison has expressed the same thing, and I think a really significant response to that, as a matter of fact, is that there could potentially be two to three, by right B-2 uses, each of them generating a lot more traffic than this proposed. I think it's a really significant point that ran through in 2017, also rings true today. But we hear Mr. Jamison, and also the residents there, which is why I've myself walked along that street and knocked on doors and talked to folks and this was a concern by a few folks, but there was equally if not more support of the actual plan, primarily because the actual site itself, the carwash facility is 350 feet from the nearest residence, whereas if the property were subdivided, and there were B-2 uses potentially three, there would be construction and building significantly closer to properties. So with that, thank you. Mr. Wall: Okay, thank you. Are there any questions? Ms. Oliver: As you, and I've had a couple conversations now, but and I applaud this company, for the location and the BMP, and all the wonderful things that they've done with this piece of property to enhance it as far as outdoor recreation and where they've placed the vacuums, and also the drying mechanism for the carwash. With that though, we have several letters of the neighbourhood, and one of them actually, and I don't know if he's the president of the Civic League, but he does list himself as the Civic League that is an opposition of this, and so even though they're not here, I do. I do read the letters and they do weigh on my decision, probably most of those people in that neighborhood don't have the ability to stop in the middle of the day and come forward and speak. I appreciate the landscaping increase because I think that's warranted with the close proximity of these townhouses with this gas station, and the carwash. All that being said the other car washes in the City of Virginia Beach, even cars, I just looked up the one on the corner of Lynn Haven and Holland, they don't open till 8 a.m., and they do close at 7. The other two applications that we have heard today, they close at 7, which I appreciate the 8 o'clock, but this is a family-owned business, they can certainly close it at 7, and they were really close to these homes, and more than likely that these houses have lots of children in them, and all these people have jobs, and this is a carwash, it's not a grocery store. So it's not availing itself to a daily need of the surrounding neighbourhoods, and I'm just as much as I like this carwash, and the gas stations open till 10. So that's makes itself useful with a convenient store, I assume with vending machines in this, too. But I personally would like to see it just see a sort of follow through with the other car washes that we have in town, and a lot of them are family-owned as well, and so I'd like to see the hours to 7. That's kind of where I'm going with that. Mr. Pocta: Well, first of all, I appreciate that input we have, and I have been going back to the drawing board, I think multiple times with some of you and also with staff and, and seeing how things can be revised to address some of these concerns. I think the first one is that as far as the hours of operation, our client offers. Well, first of all, say their primary concern is customer service. They want to provide the best customer experience that they can, and from what I've seen, they achieve that, but one of those things that makes them rather unique, I think is that they offer a membership opportunity. So we just had, for example, we had a plan approved for Sandbridge and Fisher Arch, and that's going to be open till 9 p.m., and every single one of their sites is open until 9 p.m., and what they'll do is they'll offer a membership opportunity where you could buy a membership with the company, and that could avail you to a carwash in Sandbridge or Holland Road or up in Richmond or down in North Carolina, and so they've found that that when you vary as far as company policy and procedures, timing and mechanisms and equipment that they use, it confuses the customer a bit, and obviously their primary objective is customer experience. There are two other car washes within a four mile radius, one's a Grand Slam, and one is an Auto Bell, and they're both open until 8 o'clock. Also 2.5% of their customers only come after 8, and so it's a really reduced amount of customers that are going to the carwash at that time. So there's not a traffic concern at that time, but I will say also, that their model in the service that they provide is very different than, for example, car spa, which is down the street or Auto Bell. They don't have folks out there, you know, trying to vacuum and wash cars after dark, and so that's a significant reason why some of those other companies close up early, because you can't see the car they're washing or vacuuming, after the sunsets. Our applicant has a very different model, and so that's one reason they do that, and I think a final point, which is very important is that, I believe by law, because they offer gas, they have to have folks on site until that gas closes up, and those other companies or some of them at least they have car washes, but no gas, they don't have that additional restriction or that additional requirement, but our folks do. So anyways, that's why what we'd like to do is to continue talking to the neighbors to see if, you know some have expressed that they'd like it open until 9 to see if we can provide the best decision to make for the for the neighbors for the residents, which so far from what we've heard, is only in support of keeping open till 9 and no opposition or complaints from residents about hours being too late. Ms. Oliver: So I just want to make sure I understand because you referred to well splash as one, car spas another, they're all vacuum stations. Could you have vacuum stations, so who's doing the vacuuming there, the customer or do you have people vacuuming at this gas station? Mr. Pocta: We do have folks on site, and perhaps I have some additional time... Ms. Oliver: What I am asking specifically who is doing the vacuuming, the person that owns the car, or is it like Auto Bell where they come outside, and they have employees that are vacuuming and drawing cars. Mr. Pocta: There are employees on site doing the vacuuming, but I would like for them to further explain the process if they can. Ms. Oliver: Maybe I misunderstood you, because you said the other ones close at 7 because of daylight and the vacuuming, so what do you have more lights, what makes it so that you are able to stay open or after dark for the vacuums,that why I am confused now. Mr. Pocta: If I can, I would like to invite Mr. Warren up to speak on that difference, he has a lot more experience inside this particular issue, then I do so, if that is alright with the commission? Mr. Wall: Sure. Mr. Warren: Good afternoon. I'm Anthony Warren. I'm the Development Manager with Sam's Express carwash. I have been in the car wash industry since I was 16 years old. actually used to work for Auto Bell. So I'll tell you a little bit about the differences in business models. So we are an express self-service carwash. So we have the vacuum stations, where the customers vacuum it themselves. Over half of our customers actually do not vacuum their cars, they go through the carwash and they leave, where at Auto Bell, the car spa right around the corner there what's considered a flex serve or a full serve where the employees are the ones vacuuming the car, they're cleaning the interiors of the vehicles, and so the hours of operations typically are shorter, because if you've ever tried to vacuum a car at night, once it's dark outside, it's very tough, and so for them to maintain quality and customer expectations, you know, you can put all the lighting in the world there, and you're still not going to see in a dark car at night. So for us, half of our customers don't vacuum in an express model. So a lot of our customers come through, they get the car washed, and then off they go, and so that's what makes us a little bit different. The Express model is designed to be three to five minutes curb to curb, you can vacuum it for an hour if you'd like, but majority of our customers are in and out in less than 10 minutes. So it's a little bit different than what you see at the other locations. Ms. Oliver: So then your model is basically the same as Splash Show, which is the same model? Mr. Warren: Yes, I'm not familiar with it. Ms. Oliver: It's the same. It's basically the same thing we just approved one, probably about 30 minutes ago. So it's the same thing. It's an Express, same model, I use it, I have a membership, it's across the street from our business. They close at 7 because you can't vacuum him in the dark. Mr. Warren: Yes ma'am. Their carwash is one of our competitors in multiple markets and goes right around the corner and goes open too late, and the real reason that we stay open longer is because we sell fuel, we're considered demand fuel station. So we sell Exxon branded fuel, and we're required to be open a certain amount of hours to hold the Exxon brand, and then we're required to by the state to have employees there in case of emergency spills, etc. So because of that, you know, we keep the carwash open till 9, even though very few customers use it after about 8 p.m. just because we're already paying the staff to be there. Rather than just kind of sitting around waiting, watching the people pump gas. We keep the carwash open, we have 40,000 Club plan members, and so it's just a convenient thing for them, you know, they could come in a little bit later, but like Chris spoke to, we're more than happy to dial that back to 8 p.m, and keep the fuel up until 10, and we can get some cleaning done, etc. Mr. Wall: Okay, thank you. Any other questions for the applicant? I do have one question. The dryers, the vacuums are one thing, but the dryers are something else, and it's much different from one carwash. I think it was Grand Slam was that, the residents didn't necessarily hear the vacuums, but it was the dryer at the end of the tunnel. Can you describe that a little bit? Mr. Warren: The drying systems drying system is a concern with noise. So this is not the first time we've ran into noise. So we've actually are installing a new drying system. It's the only OSHA compliant drying system that's sold. It's called the International Drying Corporation Stealth Drying System. I provided Chris with the brochure that actually provides the acoustic decibel levels for the drying system, and it was developed for this specific use in the car wash industry where noise is a concern. So we're installing a new drying system, we've starting at our site in Rock Hill that's under construction currently, and as we're moving forward, we're spending a little more money and investing in it, because it's a better quality car and it's substantially quieter. Mr. Wall: Okay, do you have the decibels compared to a standard? Like the comparison between the two, like this unique drying system compared to and it is noted that the drying is on the Holland roadside, and that the building I think as measured is 300 feet, so it's a roughly 350 feet. So it's about football field a little bit more. Mr. Warren: So the system that is proposed is rated at 68 decibels 55 feet from the drying system, and I can be more than happy to get you a little more thorough. Our supplier can get us a little more thorough reports on you distances and the sound associated with it. Mr. Wall: I do have one question, and this actually gets away from the noise, but it's kind of tied to it. The outfall pipe from the BMP so that is go into the ditch. A standard tree that's parallel to the drainage ditch right there. Looks like the property line stops well short of that, do you know where in relation to that property line, that stand of trees that is parallel to the ditch dislocated? Mr. Warren: I do not off the top of my head; I would have to consult my civil engineer on that one. Mr. Wall: It appears that this will help buffer the noise to Holland somewhat, not in a great extent, but it is going to separate the other use, which is the other business and other car wash on the other side of that ditch, but I t looks like that number of trees could be maintained, I am just curious, if you know that? Mr. Warren: All of the landscaping that we're proposing would fall in to our maintenance and service on our own landscaping due to the contracts we put together. We've actually been landscaping this property for the past five years at a cost of about $1,000 a month to keep it really nicely maintained, and we do that at all of our facilities. So anything that would fall on the property, the shared space in any of the landscaping we'd be putting in would be taken care of by us. Mr. Wall: Okay, anything else, any other questions?Alright, thank you all.We're gonna open the floor for discussion. Mr. Redmond:A couple things. First off, I just looked it up and 70 decibels is about the sound of a washing machine or dishwasher. So it doesn't trouble me a whole lot. I do want to say I think the applicants representative Mr. Pocta did a fine job of explaining the differences between this and a number of other applications that we've seen in the past and some of the improvements that were made, and some of those are driven by storm water requirements that caused a lot of moving of pieces on the chessboard, but there's a lot on here, and typically we're talking about landscape a little bit, there's already a lot of landscaping on this plan. So any addition to landscaping on this would strike me is really very salutary. This hour's thing, I'm a little bit baffled by. There is a life that exists in the commercial sector past 9 p.m. Bars and restaurants are open past 9 p.m. The idea that you can't wash your car later than 8 p.m. strikes me as kind of a little bit silly, and I'll bet your enterprises throughout the Charlotte area I know you're all over the Charlotte area because I've seen them. Eventually, the vast majority of them are open until 9 p.m., and there's no problem whatsoever with any kind of surrounding business or house or school or place of worship or anything else. So some things I think we really overdo this, I took my daughter to an art class last night, it closes it, it goes from 6 to 8 p.m. Well, I spent those hours between 6 and 8 p.m. doing things. I didn't go home, I went over to the auto parts store and I got some wiper blades and then I pulled some stuff out of the car, and I actually thought about washing my car, but I didn't have enough time, before heading go get her. I wouldn't have been able to have the things open until 7 p.m. for crying out loud. I do things later than 7 p.m. I think the vast majority of people do, his neighbors want to open till 9, and I would too. Surround my house all the time and say I'm bored maybe I want to wash a car. So I think we're way over working this. I think this is a fine plan. I think frankly those hours of these competitors; I think it is demand driven. If they could do business between 7 and 8 or 7 and 9, they'd be open until 7, until 8 o'clock or 9 o'clock. They're not doing business. That's why they close at 7. So I think we're kind of overblown, a lot of this stuff. I do think this is a very appropriate plan. There's demand for these uses. It certainly is an appropriate partial for this kind of, and we've been over a number of times in the years. I think this is about as good as we're gonna get on this parcel, and I think they really have worked pretty hard to check off a lot of those boxes. I hate that cliché, I know we use it all the time, but check off a lot of those things landscaping and you know, and site layout and how they position things that you're just about as good as you're gonna get on this parcel. So I certainly would support it and hope my colleagues do too. Thanks. Mr. Wall: Okay,thank you.Anybody else? I'd like to mention a few things. So my discussions with people who live next to car washes is that it's almost unliveable, that if they're in close proximity to the carwash that it's an incessant noise, and the thoughts that I've had, not the thoughts, but the discussions that I've had were that, you know, it's not really a liveable situation in the backyard. There living space was no longer a place of refuge. While the carwash is being operated, while the dryer dryers are there, and while the unit and also an inverter, in the case that I'm thinking of you know, was made the made the house not the same value that it was before the carwash was built. So I kind of support these thoughts on the hours, but can we go to the landscaping piece of it? I like your thoughts on enhancing the landscaping buffer, it seemed fairly lights in one row of trees, and it's not even the same as the road that's adjacent to the homes, and so I think it's, you know, a small ask, I think that if we are supportive by the applicant to enhance that. So is there a way to build that into the conditions, it looks like they already have a new landscape, two conditions, condition number four and condition number five, both address in your landscape at the time of the site plan approval, with a 15-foot wide landscape buffer. Ms. Oliver: They're going to enhance that with some lower, and Dave, to your point, when we were out there, and I understand where you're coming from, and I appreciate that in it. It is a beautiful design with the BMP and walking trails, and without a doubt, but the proximity of these townhouses to this particular carwash, and I know this because we have a business that's close to a carwash, which is further away than these houses are from a carwash. They can be invasive, and in that kind of setting, regardless of how you do it, they just can be most, and we've just experienced, we're business and it doesn't bother us because we're open late, so it doesn't matter but to this been so close, and that's why I had requested the 7 o'clock and the additional lower landscape on those trees because of where the houses were, they actually face the back of that, they don't face the BMP, this particular row houses face the back of this carwash, and that was why I asked for the lower additional landscaping, was just so that they had a little more privacy from the cars driving, and because they have to come in on that way, and when they come in. It's just not used to it. So I was just trying to make it a little nicer for those homes. Mr. Redmond: I don't disagree at all. I mean, I'm more landscaping anywhere is the better for me. However, I think it's very unfair to lump all car washes in every single piece of property is different because there are great differences in these businesses. mean, I just told you 60 70 decibels is the sound of a dishwasher, or a washing machine that I think is 300 feet. You said from the nearest residence, 350 feet from the nearest residence, there's the sound of a dishwasher, we'd have a hard time finding that terribly, you know, impactful and to say car washers are bad, they ruin neighborhoods. So I mean this idea that they're all lumped together in one way. mean, that seems to me to be very concrete information that we ought to base our decision on, and not some sort of broad generalization about some other brand on some other site, some other neighborhood, on some other part of the city. I mean, we do have specifics on this, and I think we ought to kind of do each one of these applications, specifically on their own merits is the fair way to do that. So 350 feet, 68 decibels strikes me as well, having gotten over the bar. Mr. Weiner: I completely agree with you on the landscaping. I mean, I think that's wonderful. More landscaping, the better it might be pretty much anywhere. Mr. Wall: Anybody else? So back to the time, and I appreciate these in a timeframe, but think they, so they've got 07:30 to 09:0 p.m. daily. I mean, I'd be willing, what are your thoughts on 8 p.m. kind of splitting the difference? I mean, I understand you the distance about the operation. So you are good with 8? We would expect that near the landscaping plan would be revised between now and city council to show possibly an enhanced landscaping plan, but we don't have that in writing. So is there? Mr. Pocta: In another life, I was a litigator, and I used to be in before a judge and it's a welcome opportunity for me to be before you instead of a judge. I wanted to speak to that landscape plan; we have since revised to include some of the landscaping that's being discussed. So that if you'll see a long old clubhouse, which I think is where we're the folks are talking about, there are canopy trees there now essentially for the purpose of sound barrier, but what we've done is we've also added since as of this morning, additional shrubbery bushes between the canopy trees to provide some additional buffering, and then if I may, further, just on the point of noise, won't belabor the point, but our clients have engaged the community significantly, and I personally have talked to over 50, maybe 60 residents at this point, and not one of them has expressed any concern about the hours of operation. So I just wanted to point that out because traffic was a concern, and we've worked real hard to remedy that and had hours of operation been an issue for residents that's certainly something that we would have addressed, but it has not been brought up. So I just wanted to bring that to your attention. Mr. Tajan: Yes, I needed to ask Mr. Pocta a question, Mr. Chair, if that's possible. We just want to hammer out, and finalize the landscape plan that is not shown on the screen right now, and so just want to make sure that we understand how we can put wording to it. This is not the updated landscape? Is that the updated one that Mr. Pocta is referring to? Do you know the width of that landscape plan Mr. Pocta, the width of the existing landscaping if you include. I'm assuming from where this it looks like you have a hedgerow right here now on this plan, you're going to fill that in with additional landscaping going towards old clubhouse road. Mr. Pocta: That's correct, it runs the length of those canopy trees, and I had sent it to Mr. Down, I'm going to resend that to him. Mr. Tajan: Just trying to make sure that we can craft the condition addressing that according to the wishes of the planning commission, you know how wide that is to those trees Mr. Pocta? Mr. Pocta: It was a very recent addition. So I'm going to have to reference it. I'm going to send that to Mr. Down now. I should also mention on the landscaping itself, the houses that are actually in closest proximity to the actual dryer are the ones that are along Yarbrough and not actually the houses that are along Old Clubhouse. So the reason that the planning department, and I, and the client have worked together on the evergreen tree buffer a little more significantly, is because that's actually the buffer that's in closest proximity to the houses. Mr. Tajan: I think that is good for now, we will work on that. Mr. Wall: Thank you. I think that should be documented enough once it is received and included for the application between now and Counsil. Mr. Redmond: Mr. Chairman, I'm not making up new hours on this thing. These guys submitted an application with ours as 9 p.m. Mr. Pocta says he hasn't heard anything from anybody in all those conversations where people are objecting to those hours, and there are two residents who are here today who prefer 9 p.m. I don't know that I'm going to — I'm not done yet, but I don't know that it's our place to make up new things where a fix what ain't broken? So I mean, they've made an application with 9 p.m., and I'm gonna move that we approve the application. Mr. Wall: So is that a motion to approve the application? Mr. Redmond:That is a motion to approve the application as submitted. Ms. Oliver: So I just want to make sure I'm clear before I make my vote, because I'm not going to support it at 9 o'clock, and that's fine, that's just where you and I differ, but do you want the application to have the landscaping, not have that language? Mr. Redmond:Absolutely, it does have to be a condition to be decided. Ms. Oliver: I think it is already. You have to ask Mr. Tajan. Mr. Tajan: I think we need to add, just to be clear for Staff, we'll add a condition number 12. If that's okay, Mr. Redmond with your motion that a vegetated landscape buffer from Old Clubhouse Road, approximately 65 feet in width shall be provided by the applicant? I believe it's about 65 feet in width if that's based on the dimensions that I see on the plan. So Mr. Pocta, does that sound about correct based on the existing plan that you have, it looks like the landscape buffer from old clubhouse road that you proposed goes to about 65 feet from Old Clubhouse Road in towards the property where that existing tree line that you're proposing on here is? Mr. Pocta: Yes, so the additional landscaping buffer being provided is between the walking trail and the canopy trees, but it runs the length of those canopy trees and actually extends a couple of feet in either direction beyond, so it's a little bit longer than that canopy tree buffer, but it is between the walking trail and those canopy trees. Mr. Wall: I see your point trying to define that landscape, but it could have been that landscaping plan is revised on September 14, 2022 is submitted by the applicant? Mr. Tajan: Yes, we can do that. Mr. Wall: So that vegetated landscape buffer as submitted by the applicant on to be submitted on September 14, 2022. So that is condition number 12, so that is added. Mr. Redmond:Just to be clear, so I'm going to move approval of the application with the addition of an additional condition for additional landscaping on old clubhouse road as identified by the landscaping plan submitted on September 14, 2022. Mr. Wall: So we have a motion made by Mr. Redmond. Do we have a second? So we have a second by Mr. Coston. Ms. Oliver: I am going to make a substitute motion that we go to the hours that they suggested at 8 o'clock. I feel like I am going to go more with the additional landscape. Mr. Wall: Do we have to vote on the first one? We will vote on the substitute first. Madam Clerk: Vote is open. Mr. Wall: Let me clarify for the commission. Ms. Oliver proposed and with a second with Mr. Weiner a substitute motion to revise the hours of operation to 8 p.m. for the carwash and including the landscape condition that was already previously read. So right now on the floor is a motion as a vote to make that the main motion, is that correct Ms. Wilson? Ms. Wilson: Yes, that is correct. Mr. Wall: So on the floor now, is a motion to make that the main motion? Ms. Wilson: We need to vote on that. Madam Clerk: Now the vote is open. By recorded vote of 6 in favor, 4 against substitute motion made by Commissioner Oliver for modified hours, and landscaping modification as past recommended for approval. Ms. Wilson: No, that is not what we just did. Mr. Wall: Do I need to repeat the motion now? Madam Clerk: This is the main motion. Mr. Wall: Yes, can you please move again Ms. Oliver and Mr. Weiner. Ms. Wilson: The motion here is to make Ms. Oliver's motion the main motion. Mr. Wall: They have already passed that. Ms. Wilson: Okay, now are going to do Ms. Oliver's motion, vote on her motion? Madam Clerk: The vote is open. By recorded a vote of 9 in favor, one against agenda items 3 & 4 are recommended for approval with modified hours and landscape modification. Mr. Wall: Okay, thank you. Madam Clerk, is that the last? Okay, that is the last agenda item. I appreciate it. Thank you for participating in today's planning commission hearing. Meeting is adjourned. AYE 9 NAY 1 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons NAY Coston AYE Cuellar AYE Frankenfield AYE Horsley ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled, "SXCW — Holland & Warwick — 3264 Holland Road, Virginia Beach, VA," prepared by Eagle Engineering, dated July 21 October 18, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building, fuel canopy, vacuum canopy, vending enclosure, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "Sam's Xpress Car Wash — Color Elevations — Holland Road, Virginia Beach, VA," prepared by Oakline Studio Architecture + Design, and dated August 12, 2022, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the car wash building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "SXCW— Holland Rd -Virginia Beach, VA" prepared by ASI Signage Innovation, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 1 above. Said plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 5. The 15-foot wide landscape buffer adjacent to the existing Apartment District and along Old Clubhouse Road depicted in the Conceptual Site Plan referenced in Condition 1 above shall be planted with material approved by the DSC Landscape Architect. Plantings shall be installed at a minimum of four feet in height and be allowed to grow and be maintained at a height of no less than eight feet. Said plant material shall include a mix of 70% evergreen trees and 30% deciduous trees. Said buffer shall be properly maintained and any dead, diseased or dying plant material shall be replaced. 6. Prior to the issuance of a Certificate of Occupancy, the following easements shall be established: a. A one-foot no ingress/egress easement on the property line adjacent to Holland Road and adjacent to Old Clubhouse Road. b. A public easement to allow pedestrian access on the 10-foot wide trail depicted in the Conceptual Site Plan referenced in Condition 1 above. c. An easement to allow the placement of the Scarborough Square's community sign on this property. 7. The existing freestanding neighborhood sign for Scarborough Square shall be repaired or replaced with a freestanding sign, no taller than eight (8) feet in height and shall be no larger in sign area than the existing sign. Said sign design and placement location shall be subject to the approval by the Planning Director. 8. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the rights-of-way as approved by the Planning Director. 9. All light poles shall be no taller than 14 feet in height and all lighting shall be shielded to be contained on site. 10. The hours of operation of the Automobile Service Station shall be limited to between the hours of 6:30 a.m. to 10:00 p.m., daily and the Car Wash Facility with associated vacuum stations shall be limited to between the hours of 7:30 a.m. to 9 8:00 p.m., daily. 11. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs. The community sign for Scarborough Square shall be excluded from this limitation. c. No striping shall be permitted on the fuel canopy. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. e. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator. 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. Hoa N. Dao From: Linda Russell <lindaproffitt@hotmail.com> Sent: Sunday, September 11, 2022 11:03 AM To: Christopher A. Pocta Cc: Carolyn K. Smith; Hoa N. Dao; City Council;Todd A.Jones; Patrick Duhaney; awarren@samsxpress.com;jlucas@samsxpress.com Subject: RE: new bussiness Follow Up Flag: Follow up Flag Status: Flagged CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Chris, I'm glad that you have found us all and meetings are set up/done and we are good to go for Wednesdays PC. You give me a lot of credit here but you were the one who hit the pavement in going door to door informing the residents in Scarborough Sq. & Holland Farms of Sam's plans. You not only gave them the correct information but listened to other concerns that they have/had. My neighborhood of Cardinal Estates was a easy one for you in that you had helped with the closed on a home that was purchased in my neighborhood recently. You knew that my community represents affordable housing in a optimal VB location.You found out from me that this community has been experiencing a much welcomed transformation,where previously it was the wild wild west of trashy, single wide trailers, drug dealers and many slum lords, it has become a family destition with new, manufactured homes on permeant foundations with 30 yr. mortgages . The city departments that patrol my neighborhood, and cite code violations illegal building,trash, unlicensed cars, and our Police department, have done a excellent job to contribute to this transformation. With the changes, I suppose the city has at least doubled the real estate receipts and given many families, many being military Veterans, a better place to live,work and retire. I do believe that all of the new businesses in The Strand Shopping Center Lidl, Christion Brothers Auto and others have contributed to my success story. With the approval Sam's will complete what this area was meant to be. I'm including CC&the City Manager on this email in that there are trying to locate those representing our communities. Hopefully this helps them. Linda Sent from Mail for Windows 10 From:Christopher A. Pocta Sent:Thursday, September 1, 2022 3:53 PM To: Linda Russell Cc:Carolyn Smith;awarren@samsxpress.com;ilucas@samsxpress.com; michaelberlucchi@yahoo.com; citycouncil@vbgov.com;tiones@vbgov.com Subject: RE: new bussiness Thank you, Linda. You have been extremely helpful throughout this process, and we very much appreciate your ongoing efforts and support! Respectfully, I 4A 44: '\° \Z( k) 1 � l'- ) t ,I, , 2 4 ''..:\\--w------''''''-cs- 4:40\ ''' ''''.-.Q& •-'-"z":cr ,--\\- . 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Printed Name Signature Address Comment Date c(ir -nao ion "" ,.. 11 to cV vfAr .kx-�c:�. OR.. .Ct,t P P6 - f t 4 122 o�cam- at,t,nder ` '� , 1 ( Old C( -1.4-No o 4- 3 ;cream SOCY°6- -}PciCk" ("i°1-143T iv!) 9A-PPt '1113W-- K From: M. Lyn Henry<mslynhl@gmail.com> Sent:Tuesday,September 13, 2022 6:37 AM To: Elizabeth D. Nowak<ENowak@vbgov.com> Subject: Re: Follow up to Voice Mail about CUP on Holland Road CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Sorry I missed your call yesterday, I was at work and could not respond. I will not be able to attend the CUP hearing by planning on the 14th, again, I have to work. I have met with the Sam's Xpress folks and as a community we are once again not in support of this project at this site. We have major concerns with traffic, crime and trash being added to our community. We were hearing statements like "5 minutes curb to curb" and "car wash in 30 seconds"that concern us. I think the plans are very nice, but this project is not a good fit for Scarborough square. Are you aware we have opposed very similar projects twice before and they were voted down at city council? I would appreciate hearing from Hoa Dao. We are prepared to fight this again at the city council stage if necessary. I would like to see if any traffic surveys have been done, especially since Lidl was opened. I am pretty sure you will see a big difference and increase in accidents at this intersection on Holland Road. Also,there are school bus stops at the corner of Warwick and Old Clubhouse. I implore you to please DO NOT approve the CUP for this project. Sincerely Lyn Henry Scarborough Square Civic League From:Christina Costa<costa.christina76@gmail.com> Sent:Tuesday,September 13, 2022 10:03 AM To: Elizabeth D. Nowak<ENowak@vbgov.com> Subject: CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sir/Madam...I live Scarborough way neighborhood area 20 year and already crime area .we don't anymore crimes develop again .pls Stop that car wash business not allow it .We want safely neighborhood not crime neighborhood .Thank-you again pls accept our request . Sincerely yours, Christina costa Hoa N. Dao From: jimb38@verizon.net Sent: Tuesday, September 13, 2022 2:40 PM To: Elizabeth D. Nowak; Hoa N. Dao Subject: Conditional Use Permit Follow Up Flag: Follow up Flag Status: Flagged CAUTION-This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, I am writing this email to let you know that I strongly oppose this proposed gas station/car wash for the lot at the intersection of Holland Rd. and Warwick Dr. at the entrance to Scarborough Square. I was opposed to it 5 years ago when this same company proposed the same business at this location. Since then there has been additional businesses built across from this location, namely a Lidl grocery store, Hardee's restaurant. Christian Brother's Care Care and several other smaller business's. If you are leaving any of these business's and are driving south on Holland Rd.the only way out is via this intersection at Holland and Warwick. This would have been a traffic nightmare before and since then the congestion at this intersection has gotten worse. Traffic accidents have increased. Traffic backs up during Drive time from the intersection at Holland and Lynnhaven well past Holland and Warwick. That makes departing Scarborough Square very difficult and backs up traffic on Warwick. There is also a school bus stop on Warwick close to this lot. We don't need another car wash on top of the 3 existing one's on Holland and Lynnhaven Pkwy. Please consider this when you make your decision. Thank You, James P. Bauer Resident/homeowner 3261 Scarborough Way Virginia Beach,Va. 23453 1 Hoa N. Dao From: Paige Steven <paige.m.steven@gmail.com> Sent: Tuesday, September 13, 2022 2:51 PM To: Hoa N. Dao; Elizabeth D. Nowak Subject: Sam's Car Wash Meeting Follow Up Flag: Follow up Flag Status: Flagged CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I was unable to make the meeting last week- but I would like to express my opposition to this project in Scarborough Square. As a resident of this community, we do not need an additional car wash within a mile of 4 others. I think someone could certainly develop that space, but I would like to see something that fills a void in the neighborhood, not adds another service which can be found within a few feet. Thank you for taking the time to review my email. Have a great day. Paige Steven Creekside Dr. Virginia Beach 757-348-9613 1 Hoa N. Dao From: Denise Upson <NYCAVAI @hotmail.com> Sent: Tuesday, September 13, 2022 3:22 PM To: Elizabeth D. Nowak; Hoa N. Dao Subject: Sam's Xpress CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am writing this email in regards to the proposed building of a gas station and car wash on Holland Rd. I live in Scarborough Square and am concerned with what this business venture will do to our community. The traffic on Holland Rd gets congested in the and can back up to Shipps Corner. The traffic from Lidls and the other shops in that shopping center only add to the traffic pile up. There are only two ways in and out of our neighborhood, Warwick to Holland or Shipps Corner. I am opposed to building yet another car wash in close proximity to three other car washes. Another concern is the rise in crime. Sam's Xpress anticipates around 200 cars a day getting a car wash. If the business is successful that amount would increase. It is very disconcerting to think that many cars/strangers are riding through our neighborhood. I hope city planning is not just looking at this as a business venture but will also consider how this impacts our community. We have families and seniors that would be impacted should a need arise for emergency service and they can't get through because of traffic.The residents right behind Lidl shopping center have already experienced an increase in crime and vandalism. I can only hope that you take these concerns into consideration when making your decision. Regards, Denise Upson Get Outlook for Android 1 Hoa N. Dao From: Bonnie Niemeyer <bpniemeyer@gmail.com> Sent: Tuesday, September 13, 2022 3:40 PM To: Michael Berlucchi; Elizabeth D. Nowak; Hoa N. Dao Subject: Proposed development see attached Attachments: 20220906_200415 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. To whom it may concern: I am writing this email in regards to the proposed conditional use permit for the car wash/gas station at Holland Road and Warwick Road, the entry into Scarborough Square. I live right behind where the development will be located and I oppose this because it will not bring any value into our neighborhood, only trouble with traffic. We have several car washes already in walking distance and more traffic headaches than we can handle. I have attended other meetings and I believe the proposal that SAM's Express is wonderful and wish them the best, but not in our neighborhood. We have so many issues especially trash and traffic and would love to see something more to benefit the neighborhood. I would come to the meeting tomorrow at noon, but currently work in Norfolk and cannot take off work to attend. Please take our concerns into consideration when you vote tomorrow. Thank you, Bonnie Niemeyer 3245 Yorkborough Way Virginia Beach, VA 23453 Hoa N. Dao From: Nedra Howard <nghoward@gmail.com> Sent: Tuesday, September 13, 2022 6:35 PM To: Elizabeth D. Nowak; Hoa N. Dao; Michael Berlucchi Subject: Sam's Express Proposal Follow Up Flag: Follow up Flag Status: Flagged CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening, I am writing to express my disapproval for the proposed conditional use permit for a gas station/car wash at the corner of Warwick and Holland Road.This location currently has an abundance of traffic overloading this intersection on any afternoon. While Sam's Xpress has a nice business plan,the service they provide is readily available in the surrounding area and not beneficial for Scarborough Square.Their plan would increase traffic which could delay EMS and police access during an emergency. The increased traffic also poses safety concerns for school age children who catch the bus in that area as well as anyone crossing the street at Warwick and Old Clubhouse.This is already a dangerous corner for pedestrian traffic.Adding more traffic at this intersection would increase the potential for pedestrian injury or death. There is a Car wash two doors over and another around the corner on Lynnhaven as well as one in front of Lowes.There are x3 gas stations @ Ships corner. When seconds count,the last thing we need is more traffic at Holland/Warwick. Imagine a fire or choking infant @4pm on any day. How long will it take EMS to get through the traffic? With so many deaths d/t Covid since 2020,everything can't be about$. Is there a need for the service? No. How will it benefit our community?Could the logistics delay EMS from an emergency where seconds count?Yes! After 3 minutes of oxygen deprivation,the brain is likely to experience serious damage. After 10 minutes of lack of oxygen, brain damage is imminent, and death of many brain cells and poorer recovery prognoses will result.After 15 minutes, brain damage is permanent and there is little possibility for recovery. We understand business, but this business is not needed or wanted in this location. Please take all of our concerns into consideration before this decision is finalized. 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Feet 0 55110 220 330 440 550 6(30 IN ^ii 19ks 1 ^ 5. rF ,li7jfu(aD S)t � i CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: EARTHSCAPES ENTERPRISES, LLC [Applicant] VALIANOS PROPERTIES, LLC & JEM, LLC [Property Owners] Conditional Use Permit (Bulk Storage Yard) for the property located at 619 & 623 London Bridge Road (GPINs Portion of 1496878501, 1496974509). COUNCIL DISTRICT 3, formerly Beach MEETING DATE: December 6, 2022 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Bulk Storage Yard on a 2.45-acre portion of the parcel within the London Bridge Industrial Park. The applicant is also proposing to develop a by-right office building for the applicant's landscaping business. The 8.21-acre parcel will be resubdivided to create a total of three lots (Residual Parcel A, Parcel A-2, and Parcel A-3). Parcel A-3 will be developed with the Bulk Storage Yard to store landscaping materials and equipment and the by-right office building. As required in Section 228 of the Zoning Ordinance, the Bulk Storage Yard will be fully enclosed with an eight-foot tall solid privacy fence with Category I plantings. The proposed Landscaping plan meets all the requirements of the Zoning Ordnance and will be reviewed in more detail during the final site plan review process. • Considerations: The proposal is consistent with the goals set forth in the Comprehensive Plan for the Special Economic Growth Area (SEGA) 2 —West Oceana. SEGAs are viewed as special areas with significant economic value and growth potential. The property is also located within the greater than 75 dB DNL noise zone and the APZ-2 and encumbered by a Navy Restrictive Easement. The applicant received a letter from the Department of Navy indicating that the proposed use is consistent with the language of the restrictive easement and is an appropriate use for this site. In Staff's view and the Planning Commission concurred, the proposed Bulk Storage Yard is consistent with the Comprehensive Plan's land use policies for this area and is compatible with Navy flight operations. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. One letter of opposition was received about the request stating concerns that the industrial park should promote and maintain a professional appearance and they do not feel that this proposed landscaping business is ideal or aligns with the existing tenants and owners within the park. Earthscapes Enterprises, LLC Page 2 of 2 • Recommendation: On November 9, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . 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 issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled, "Landscape Design", dated June 29, 2022, prepared by Earthscapes Lawn and Land Service, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The outdoor storage materials shall not be stacked higher than the privacy fence. 3. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department r 0 City Manager: cv. Applicant Earthscapes Enterprises, LLC Agenda Item Property Owners Valianos Properties, LLC & JEM, LLC Planning Commission Public Hearing November 9, 2022 4 ciit1ot City Council District 3, formerly Beach Virginia Beach Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation 8i,,,,�r, Approval &�snc...kt„„ ---) chaorIv. Staff Planner / Marchelle Coleman Location \ i ' .C.--- A k i 619 &623 London Bridge Road cf."-Tri- I GPINs Portion of 1496878501, 1496974509 . 0 Site Size i a 2.45 acres wYY fund AICUZ : Greater than 75 dB DNL; APZ-2 Y Watershed Chesapeake Bay ' j Existing Land Use and Zoning District Undeveloped lot, bulk storage yard /B-2 Community Business, I-1 Light Industrial Surrounding Land Uses and Zoning Districts „� . • A North ,.:.., Precision Drive Office/ 1-1 Light Industrial .d 41.c1) South - k 1 Quality Court _ ` Office,warehouse/1-1 Light Industrial 7 r - _ P - ,-,. .: ,— kn , ,= East _ _, o. London Bridge Road • Naval Air Station Oceans West r , , .... . . Quality Court ' r f,: Warehouse/ 1-1 Light Industrial •_. _, - -t ne • II ' ' Earthscapes Enterprises, LLC Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Bulk Storage Yard on a 2.45-acre portion of a parcel located in the London Bridge Industrial Park west of Naval Air Station Oceana. A by-right office building is also proposed on the property for the applicant's landscaping business. • The property is comprised of two parcels totaling 8.21-acres that is zoned both I-1 Light Industrial and B-2 Community Business.The applicant intends to resubdivide the parcels to create a total of three lots (Residual Parcel A, Parcel A-2, and Parcel A-3), as depicted on page six of this report. • A storage facility currently exists on the I-1 zoned portion of the property(Proposed Residual Parcel A) and will remain. There are no immediate plans to develop proposed Parcel A-2, which is currently zoned I-1 and B-2. Proposed Parcel A-3 is zoned B-2 and, as mentioned previously,will be developed by-right with an office building for the applicant's business, a local landscaping company, as well as a Bulk Storage Yard which requires a Conditional Use Permit to store landscaping materials and equipment.The building elevations and renderings for the proposed office building is provided on page nine for illustrative purposes only. • Section 228 of the Zoning Ordinance requires the Bulk Storage Yard area to be enclosed by Category VI screening. Category VI consists of a minimum six-foot tall solid fence with Category I plantings.The proposed Bulk Storage Yard will be fully enclosed with an eight-foot tall solid privacy fence with Category I plantings, as depicted on the conceptual Landscape Plan thereby meeting this requirement. The conceptual Landscape Plan also depicts the required street frontage, building foundation, and interior parking lot plantings for the by-right business.The conceptual Landscape Plan appears to meet the requirements of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during the final site plan review. • The site is located in the highest noise zone of greater than 75 dB DNL and Accident Potential Zone—2 (APZ-2) of the Air Installations Compatible Use Zones (AICUZ) and is encumbered by a Navy Restrictive Easement that limits use of the property with those compatible with Naval flight operations. Earthscapes Enterprises, LLC Agenda Item 4 Page 2 Zoning History .) # Request �+ 1 CUP(Bulk Storage Yard)Approved 08/12/2003 CUP(Contractor's Storage Yard)Approved 02/24/1998 2 MDC(Automobile Repair Garage&Contractor's •� equipment storage)Approved 06/24/2008 l,'� `j CUP(Automobile Repair Garage)Approved 10/13/1992 CUP(Contractor's Equipment Storage)Approved / 12 05/12/1992 �� •fib OQ // /�� 3 CUP(Automobile Repair Garage& Bulk Storage Yard) � � Approved 10/29/1996 0 CUP(Bulk Storage Yard)Approved 05/11/1987 4 MOD(Bulk Storage Yard)Approved 02/16/2016 CUP(Bulk Storage Yard)Approved 05/12/1998 4 R 5 CUP(Bulk Storage Yard)Approved 11/13/1978 Hoy Road 6 CUP(Automobile Repair Garage)Approved 10/1/2019 • 7 CUP(Equipment Storage yard with Office Warehouse) Approved 07/05/2000 8 CUP(Bulk Storage Yard)Approved 03/13/2001 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions SIC—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,this request for a Conditional Use Permit to operate a Bulk Storage Yard to store landscape materials and equipment is acceptable. The property is located within the greater than 75 dB DNL noise zone and the APZ-2. The property is also identified in the Comprehensive Plan as within the Special Economic Growth Area (SEGA) 2 -West Oceana. SEGAs are viewed as special areas with significant economic value and growth potential.The Comprehensive Plan supports development and redevelopment of this area consistent with the City's AICUZ Ordinance provisions and the City's economic growth strategy. The proposed Bulk Storage Yard is consistent with the Comprehensive Plan's land use policies for this area, as the majority of the land in the vicinity is zoned for commercial and industrial uses and more specifically, uses that are compatible with Naval flight operations. In Staff's view,the proposed use is compatible with the other industrial uses located within the London Bridge Industrial Park and is deemed compatible with Naval flight operations.While much of this area and the proposed property is subject to a Navy Restrictive Easement, on October 4, 2022,the applicant received a letter from the Department of Navy stating that the proposed use appears to be consistent with the language of the restrictive easement and is,therefore, an appropriate use for this site. This correspondence is provided on page nine of this report. As this site is located in the Chesapeake Bay Watershed, a preliminary stormwater analysis was not required prior to this item being reviewed by Planning Commission and City Council. According to the applicant, underground storage is proposed to address water quality and quantity on site. An in-depth review of the stormwater management strategy to ensure that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development will take place during the site plan review process. Based on these considerations, Staff recommends approval of this application, subject to the conditions listed below. Earthscapes Enterprises, LLC Agenda Item 4 Page 3 Recommended Conditions 1. 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 issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled, "Landscape Design", dated June 29, 2022, prepared by Earthscapes Lawn and Land Service,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The outdoor storage materials shall not be stacked higher than the privacy fence. 3. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14)feet. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site is located within Special Economic Growth Area (SEGA) 2-West Oceana. SEGAs are viewed as special areas with significant economic value growth potential,with primary consideration being adjacent to NAS Oceana or within the Interfacility Traffic Area high noise overflight zone. It is recommended that all new or improved development proposals adhere to the City's AICUZ provisions. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There are no known significant cultural resources associated with this site. Earthscapes Enterprises, LLC Agenda Item 4 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic London Bridge Road 34,100 ADT1 36,900 ADT 1(LOS 4"D") Existing Land Use(vacant 2.45-acre property)—0 ADT • Existing Zoning z—1,210 ADT Precision Drive No Data Available 9,900 ADT 1(LOS 4"D") Proposed Land Use 3—99 ADT 'Average Daily Trips 2 as defined by a 2.45- 3 as defined by-right office 4 LOS=Level of Service acre B-2 zoned parcel building with a Bulk Storage Yard Master Transportation Plan (MTP) and Capital Improvement Program (CIP) London Bridge Road is a divided four-lane Major Suburban Arterial roadway and is included on the MTP as a future divided roadway with a bikeway on a 120-foot right-of-way section. No direct access to either of these proposed developments are being proposed and direct access would not be allowed. Precision Drive is an undivided two-lane local industrial street. It is not shown on the MTP Map. No roadway CIP projects are planned for this section of Precision Drive. Public Utility Impacts Water The site is currently connected to City water. There is an existing 12-inch City water main along London Bridge Road. There is also an existing eight-inch City water main along Precision Drive, and within a variable width public utility easement on adjacent property to the north and along the western property line. Proposed Parcel A-2 and Parcel A-3 must connect to City water with separate services for each parcel. Sewer The site is currently connected to City sanitary sewer.There is an existing eight-inch City sanitary sewer gravity main along Precision Drive, and within a variable width public utility easement on adjacent property to the north and along the western property line. Proposed Parcel A-2 and Parcel A-3 must connect to City sanitary sewer with separate services for each parcel. Public Outreach Information Planning Commission • One letter of opposition has been received by Staff noting concerns related to the proposed landscaping retail business not aligning with the professional appearance of the industrial park. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 23, 2022 and October 30, 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 October 24, 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 November 3, 2022. Earthscapes Enterprises, LLC Agenda Item 4 Page 5 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 20, 2022 and November 27,2022. • 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 November 21, 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 December 2, 2022. Earthscapes Enterprises, LLC Agenda Item 4 Page 6 Proposed Resubdivision Plat i'l 4.4,miem r.rwrA.,OV011 390toz.W0A, N M � 14 tt o ` a II i> tt S L 1.. al 1 \ r til it O _ - LP o a.jr. z i.,. k L.,. i ,:.. O • e itp iy e k VW•.,•.i O.tDN 4t 6!0 1? G e « 4 Yi l � t V \ r� d a 34� tt s Li qt. /..11( -i06.i Li mi < %Olt IN a d 0 V e. i ? `' ' li 1 Q Is t[:] r 1 N IA kt ) CD f b c � w � • a ktlq h.r 3. V iy` Will i .a k E t n cn Ya. ` ! W. y ,......„, ItV / t ZWA- i i AM 9.1 Vie Isw uti.ast i l8N1O3Al/71/�O .h.aao: i$il E Earthscapes Enterprises, LLC Agenda Item 4 Page 7 Proposed Conceptual Landscape Plan t ii.• —deo Bodge Road 4 4. . ____-_- JONI& 4 A11110.6. 4 AIMISIL:4 ANN& • .............46,,,ii ir.) `,•A•... •.r'••. ....•.... .. . . . . . .. •• ••• • 1... 1: . .. .;‹: '11. •- ‘**' * Itri, * 44- ..,, ......... ... 7.7. ..(- Till'etetrtelifi- ' ... 1 1.: -.....- -. ' ' r- . . .. . rP :1e06 S[Y-��+.+�kl S i -� (ems oo.'t-....A �i ` • • k 7 1 .uN•aw au 4 1 2 2i, li r • lik Cn in1 i .":%.:.•%.:1....... .'"g'..1 / qs._ „.y- 3..-Y. _ _ a T. ...:_--••;••22:' LTD:it 1:- 414 .4 „IF 7.,s- 7,„*-7,J1k.. Ca i sac fi 1 1 g ots "5 Jmt !Q f � aa E' p 2 g 2 u °J • G an _ __ _ n 1ti a h =z i�( , ... .., Earthscapes Enterprises, LLC Agenda Item 4 Page 8 Proposed Building(By-Right Office Building) Cif G 0 0c= p 0 Ci) I OM.--, I I If e 14.�'.M 1 rij I -IL I ii ' � I • _ I 1 isi TI ii I II1I . 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Earthscapes Enterprises, LLC Agenda Item 4 Page 9 Navy Easement Compliance Review Letter DEPARTMENT OF THE NAVY n°`fijki.e NAVAL AIR STATION OCEANA 1750 TOMCAT BOL.EVARO �� VIRGINIA BEACH,VIRGINIA 2346:1-2191 4535 Ser N4.242 October 4,2022 Mr.Benjamin Hewlett 1929 Thunderbird Drive Virginia Beach,VA 23454 Dear Mr.Hewitt: SUBJECT: REQUEST FOR EASEMENT COMPLIANCE REVIEW Thank you for the request for an easement compliance review for the revised use of the property identified as 619 and 623 London Bridge Road,Virginia Beach,Virginia. I reviewed an analysis prepared by a Navy Real Estate Contracting Officer and I agree with the conclusion that the property is subject to restrictions resulting from two separate Grants of Easement acquired by the United States of America. Enclosed is a copy of the Review and Findings for your convenience. Accordingly,the revised proposed use of the property,described as the wholesaling,storing, and distributing of landscape materials,storage garage for the maintenance and storage of vehicles and equipment,the operation of a plant nursery,and office space maintained in connection with the aforementioned uses,is permitted under the terms of the Grants of Easement. Be aware that our determination is based on your representations of the use and location of the property. Please be advised the U.S.Navy will periodically conduct random reviews in the field,of the properties encumbered by covenants and restrictions to ensure that the interests of the United States are protected. Thank you for your request on this matter. My point of contact for this matter is Mr. Paul Moomaw,who can be reached at(757)433-2678 or via e-mail at paul.a.moomaw.civ,a us.navy.mil. Sincerely, R. L.HOLMES Captain,U.S.Navy Commanding Officer Enclosure: I. Real Estate Contracting Officer's Review and Findings Copy to: NAVFAC MIDLANT(Codes ARRA12) Earthscapes Enterprises, LLC Agenda Item 4 Page 10 Site Photos • INN • • • • • RENTAL OFFICE ' Earthscapes Enterprises, LLC Agenda Item 4 Page 11 Disclosure Statement Disclosure Statement ivy oftifvfnois Nam 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 Earthscapes Enterprises LLC Does the applicant have a representative? m Yes ❑No • If yes,list the name of the representative. Leslie R.Watson,Esq.and Christopher A.Pocta,Esq.,Wolcott Rivers Gates,P.C. 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) Josh Eldredge,President;Evan M.Eldredge,Vice President;Edward("Trey")White,Chief financial Officer; Ben Hewlett,Chief Operating Officer • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va, Code§2.2-3101. Wage Earthscapes Enterprises, LLC Agenda Item 4 Page 12 Disclosure Statement Disclosure StatementAE, Planning t ( I,rlinlunii� I)'vt l piiit til 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-collateralitation,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,Jay Kenslow 2. Does the applicant have a real estate broker/agent/reahor for current and anticipated future sales of the subject property? ■ Yes ❑ No • If yes,identify the company and individual providing the service. Harvey Lindsay Commercial Real Estate,Ryan King 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. Gary Pecher,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?II Yes 0 No • If yes,identify the firm and individual providing the service. Jonathan Covington,Covington Hendrix Anderson Architects 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. Applicant is currently under contract to purchase the subject property from the current owners 21 Earthscapes Enterprises, LLC Agenda Item 4 Page 13 Disclosure Statement Disclosure Statement Planning&C'nmmttnit I k'vt•l<pmen1 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?I Yes 0 No • If yes,identify the company and individual providing the service. Taylor Construction,Scott Taylor 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?I Yes ❑ No • If yes,identify the firm and individual providing the service. Claude Lym,individually;Timothy Fallon,Tim Fallon Land Surveying,PLLC 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 0 No • If yes,identify the firm and individual providing the service. Wolcott Rivers P.C.,Leslie R.Watson and Christopher A.Pocta 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 comm e in connection with this application. A• cant Signature Print Name and Title Edward White,Chief Financial Officer Earthscapes Lawn and Land Service Date Is the applicant also the owner of the subject property? ❑Yes I No • if yes,you do not need to fill out the owner disclosure statement. ® No changes ascif Date 11/16/2022 Signature-`��s�.. Print Name Marchelle L. Coleman 31 Earthscapes Enterprises, LLC Agenda Item 4 Page 14 Disclosure Statement Disclosure Statement 11/4B City of Virginia e h Planning&Community Development Owner Disclosure Owner Name Valianos Properties,LLC Applicant Name Earthscapes Enterprises LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?IN Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jerry E.Valianos • 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 III No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e Earthscapes Enterprises, LLC Agenda Item 4 Page 15 Disclosure Statement Disclosure Statement tUcy of Vim,wa&vdt Planning&Community Developmen 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? CIYes 'hdco 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. l 'ZLkC1r`) l li r� C.t� ( 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 ELI 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 G'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 Si No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contracto 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 0 No • If yes,Identify the firm and individual providing the service. Revised 11.09.2020 Wage Earthscapes Enterprises, LLC Agenda Item 4 Page 16 Disclosure Statement Disclosure Statement Lhy ujti},y nw Brat. Planning&Community Development o. Is the Owner receiving iegai services in connection with the subject of the application or any business operating or to be operated on the property?ii Yes 0 No If yes,identify the firm and individual providing legal the service. tt\rn C InDCQs 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. Own.ttignature / rr E. V CL�CinO3 rYle1'R Print Nary and Title ` Date Revised 11.09.2020 7 I P a g e Earthscapes Enterprises, LLC Agenda Item 4 Page 17 Disclosure Statement 111. Disclosure Statement Cry of t iminiu Ra�rh ..� _ Planning&Community Development Owner Disclosure Owner Name JEM,LLC Applicant Name Earthscapes Enterprises LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?I Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jerry E.Valianos Ekaterini J.Valianos Mellie Valianos-Reynolds Ernest J.Valianos • 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?0 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. Revised 11.09.2020 Wage Earthscapes Enterprises, LLC Agenda Item 4 Page 18 Disclosure Statement t ,� ir,a r .. ,.. `} i ...i"4-v i} �: i s r ,i.w,, . t .' '." xr • • F17 ;�:, Obc1�sure 5. }��"__nt y �}y s y.t ��a� - x� ,�_ Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-coliateralization,etc)or are they considering any financing In cyfinection with the subject of the application or any business operating or to be operated on the property? ❑Yes M No • If yes,Identify the financial institutions providing the service. 2. DoesDo1 the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? t>t.!Yes ❑ No • if yes,identify the corn any and individual providing the service. 5;c_' k(i..(iz.--o -k4vre_.-Pat 1-T-1.wal 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 giNo • 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 NJ No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractr in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 111 No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/suyveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?'NJ Yes ❑ No • If yes,identify the firm and individual providing the service. Ciao L 2-rir v i-ncjs{�, -{6c agle.S Revised 11.09.2020 6 I P a g e Earthscapes Enterprises, LLC Agenda Item 4 Page 19 Disclosure Statement 'r' 4 `1's.„.t ` _.7f,-;t .i 1. .1c v�..ltk., �` "35A ,t ri- . 7— c.r fP r` . • +f��ig 'ors �,4 r '- ;•}y 1 ^ .jam Ley. a �C _ .. If t.•ir s io.sure:Stat n \It,'tij �' `••- 1 ii",-1 ! --' • _ --' .�. . _ w -,..:.-_-•:, _ .,,, i.�F 3i-2-.A-r • a7_SYY.iG,,,• : is�• � . ' ' � t +. _ ,a, • c vim; a 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?i6 Yes ❑No • If yes,identify the firm and individual providing legal the service. Rc 41ar mou. -WiI\O ¼j1 CA.c o 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. %,___--:)C/14A1\t//'- ' . - _ ___ _____ Owner Si ature . ( -- p,. \,j,.. ,\,__,IL\R, D...- Print Name and Tit e CD- l-al_ Date Revised 11.09.1020 7 I P a g e Earthscapes Enterprises, LLC Agenda Item 4 Page 20 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. Earthscapes Enterprises, LLC Agenda Item 4 Page 21 Virginia Beach Planning Commission November 9, 2022 Public Meeting Agenda Item #4 Earthscapes Enterprises, LLC (Applicant) Valianos Properties, LLC &JEM, LLC (Property Owner) Conditional Use Permit (Bulk Storage Yard) Addresses: 619 & 623 London Bridge Road RECOMMENDED FOR APPROVAL— CONSENT Mr. Wall: Okay, thank you. The next order of business is the consent agenda, and I'm going to turn that over to Mr. Wiener who is going to be acting as the vice chair in place of Mr. Alcaraz today to run that portion of the meeting. Mr. Weiner: Thank you, Mr. Chairman. Though today we have 9 applications on the Consent Agenda. The first one is item number 4 Earthscapes Enterprise, Valianos Properties. Conditional Use Permit for bulk storage yard at 619 & 623 London Bridge Road. Is the applicant available? Mr. Pocta: Hello,good afternoon. Mr.Chairman, members of Planning Commission. My name is Chris Pocta. I'm counsel for the applicant Earthscapes Enterprises, LLC. We appreciate being put on the consent agenda, and we also wanted to thank Ms. Coleman for her and her staffs hard work on this project. Mr. Weiner: All the conditions acceptable? Mr. Pocta: The conditions are acceptable. Mr. Weiner: Thank you. Is there any opposition to this being placed on the Consent Agenda? Hearing none, we've asked Mr. Bradley to read this into the record please. Mr. Bradley: Thank you. The applicant is requesting a Conditional Use Permit to operate a bulk storage yard on 2.45 acre portion of a parcel located in the London Bridge Industrial Park West of Naval Air Station Oceana, a by-right office building is also proposed on a property for the applicants landscaping business. The property is comprised of two parcels totaling 8.21 acres that is zoned both I-1 Light Industrial and B-2 Community Business. The applicant intends to re-subdivide the parcels to create a total of three lots. Planning staff recommended this,there are no speakers at this meeting. So, the Planning Commission decided to put it on the consent agenda. Mr. Weiner: Thank you, Mr. Redmond. Mr. Chairman, I move for approval on the consent agenda. That's the end of our consent agenda. I move for approval on the consent agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, 22 through 38. Mr. Wall: Okay, all right. Thank you. So, Planning Commission places those on the consent agenda. So, the motion is... Mr. Weiner: The Planning Commission places those agenda items on the consent agenda. Mr. Wall: So, do I have a motion? Mr. Weiner: We made it. Mr. Wall: You made it right, but did you make it on? Mr. Weiner: Yes. Mr. Wall: I see that,just checking. So, the motion is made by Mr. Wiener? Is there a second? So, second by Ms. Cuellar. Are there any abstentions? Okay, vote is open. Madam Clerk: Vote is open. By a vote of 8 to 0 agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, and 22 through 38 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz ABSENT Bradley AYE Clemons AYE Coston ABSENT Cuellar _ AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. 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 issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled, "Landscape Design", dated June 29, 2022, prepared by Earthscapes Lawn and Land Service, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The outdoor storage materials shall not be stacked higher than the privacy fence. 3. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 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. From: David Hackbirth To: Marchelle L.Coleman Subject: Earth Enterprise LLC-Conditional Rezoning From L1 Light Industrial to B2 Community Business District 619& 623 London Bridge Road,VA.Beach. Date: Tuesday,August 9,2022 4:53:15 PM Attachments: 20220803172521210.odf 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. To whom it may concern: I am writing to you as a representative and officer of The Miller Group. We own the adjacent property to the requested conditional rezoning request located at 619 & 623 London Bridge Road, VA. Beach. Moreover, we own several properties and are in the process of developing several future properties in the business park and are in opposition of this request. We are of the feeling that this is a designated industrial business park and should continue to promote/maintain a professional appearance. This would be consistent to attract future companies and business in the park. Several major companies, i.e. ... Amazon, Prufex,JES, and Doma Technologies have invested millions of dollars in this park with the intent of a professional appearance,thus this request would degrade/devalue their investments. By granting B2 Community Business District will create an undesirable retail and traffic issue along London Bridge Road. Specifically, a landscaping retail business would not be the ideal best"sources and uses" of the property, as this request does not align with any existing tenants/owners. Thank you, DH Thank you, David W. Hackbirth, Jr. Senior Vice President The Miller Group 2649 Production Road Virginia Beach, VA 23454 office: 757.452.4603 cell: 757.641.0623 fax: 757.498.8336 email: dhackbirth©millergrpva.com www.millergrpva.com The information contained in this message is intended only for the recipient, may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient,please be aware that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error,please immediately notify us by replying to the message and deleting it from your computer. IMPORTANT NOTICE: Cyber criminals are preying on real estate and construction transactions. They will hack email accounts,spoof email addresses, and send emails with fake wiring, fake funds delivery instructions and phone numbers. These emails are convincing and sophisticated. Always independently confirm wiring and funding instructions over the phone with the authorized party. The Miller Group and our affiliates will not be responsible for misdelivered funds due to third-party fraud. , Z), 0NN74sa ' \ 0°. LJN N.. ./\>/ik -141--' 6'' A2�4� o Q va(g >e % IL3_,%‘--- ---- \ 'p B2 � 046,CLO m, ' O., � � R7U 0 / i - aw 0 ,al 0 1,--- 4�R0 7 0 ' 0 • \ o <S 5D e*0 . i . a � 0 )/x � RI � O 7 � o 8 ° 2� \t, � B2�� ° I ' R7.5 �• �o ; � of 5 1`0 ' 3 � l� Qo „� � B2Q0. , o c' \< O' '1.� .,.. - ,, ' , \ 0 < Q d iN Joo0 . . &5D/000 oRp / Q ° �/q, 0 Q V -�0/11715 - <2 _ . ?. V LI 9044). /\ 0 ': a 19A/ e vb9° B2 _ R_ % � "n � 0 __ fR�0Sy 0 . (4 R5DA �IQ" ' , \ R7�?5�'R7:5 _ 3r1opu ..,_ _ N %// Site Fantasy Tattoo Company W ��i` Property Polygons Zoning 1920 Centerville Turnpike, Suite 118 Building m �Feet 0 55110 220 330 440 550 660 r ,-... cm CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: FANTASY TATTOO COMAPNY [Applicant] WCSC, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 1920 Centerville Turnpike, Suite 118 (GPIN 1455914345). COUNCIL DISTRICT 7, formerly Centerville MEETING DATE: December 6, 2022 • Background: This is a Conditional Use Permit request to operate a traditional Tattoo Parlor within in the Woods Corner Shopping Center. The property is located along Centerville Turnpike just south of the intersection with Kempsville Road. According to the applicant, up to six artists will rent booth space within the establishment. • Considerations: The only exterior change to the building proposed will be the installation of new wall signage. 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. This retail service will be consistent with other retail establishments in the shopping center. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. A petition of support with 11 signatures from the tenants of the shopping center and a letter of support was submitted. There is no known opposition to this request. • Recommendation: On November 9, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. Fantasy Tattoo Company Page 2 of 2 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (11) Letter of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: i Applicant Fantasy Tattoo Company Property Owner WCSC, LLC Agenda Item Planning Commission Public Hearing November 9, 2022 Cit,(!f City Council District 7,formerly Centerville Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation \. �, / �. e -,,,x / , ' 0. Approval \ de. \ y, 4113 \ 't SZ Staff Planner Michaels D. McKinney -'•� i i opkt ,4" q kali '.0- Location 1 ik . \ 1 P r.•"�,0 1920 Centerville Turnpike, Suite 118 v GPIN " •ii �� 1455914345 `dop z� de Site Size __ ��.' 1,486 square feet AqP ''' AICUZ ♦ 0 -- Less than 65 dB DNL a ' , B2?°"`""1e Watershed i • Heald Way Southern Rivers Existing Land Use and Zoning District Shopping center/ B-2 Community Business , .i Surrounding Land Uses and Zoning Districts + I ' ,'` North v-, ` e � i :- c� fie` Kempsville Road - Religious Use/ B-2 Community Business �'� `.` ` ,F. . , i fi South �. ' \' .` r * -�_ --e.g'.11.1 Single-family dwellings/R-7.5 Residential , East ; a ,� L .:s �• * .ram- , t I !I se Shopping center,single-family dwellings/ B-2 �i ' Community Business, R-7.5 Residential !Wie f , -., , ' .- of '.-- West ,er `, �*/ +/ 1. 1. 4,r' . •• : 1,;t • -'�- Centerville Turnpike :, • '6gSt s. --�,", .. :r ,4 ,�t «F Restaurant,single-family dwelling/ B-2 ,,ri•("c,.r6 ==t- ;4 tr '+ .'' `v--.y 6—c.di.1 CommunityBusiness, R-5D Residential s• f - '',.r-( "fir! •' ff . e -". 'J'r- !' :•o` - .. `,, fi t * 0;d1 ,4r Fantasy Tattoo Company Agenda Item 11 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a traditional Tattoo Parlor within a suite of the Woods Corner Shopping Center. The property is zoned B-2 Community Business and is located along Centerville Turnpike just south of the intersection with Kempsville Road. • The Tattoo Parlor will occupy a 1,486 square foot unit. • According to the applicant, up to six artists will rent booth space within the unit. • The typical hours of operation are proposed as between 11:00 a.m.to 9:00 p.m.,Tuesday through Saturday, by appointment only. • The only exterior change to the building proposed will be the installation of new wall signage. Zoning History # Request 1 CUP(Bingo Hall)Approved 09/23/2008 � �\ 0 • 9 .t ;444`-10 ,�* �? 2 CUP(Automobile Service Station)Approved 12/09/1998 t,`tile.', V, �„ S'G``�'Vole 3 MDC Approved 10/09/1996 x` ' 4<-�� `'' `'A'~�=')'f' 4 CUP(Borrow Pit)Approved 01 13 1993 . \ 4 '05 • r a�< CRZ(R5D to R5D with a PD-H2 Overlay)Approved r. IS ,; •� 40 C w'�t'i, 12/09/1998 ,t,,�. ; .. , 0 0 , f- � ,��., ;�4=!�. C`��i,. . � pit; CRZ(R5-D to Conditional A-18)Approved 01/18/2017 "�0 /= *- �•�iyri Vr4 '�'��+e 5 MDC Approved 05/08/2007 4s �� te.t?I'le'leaN9t1P41.7:4*,4%.e *, ": �• 6 CUP Automobile Service Station A roved 01 16 2019 �. is \�0��ma � ��,1 � `��,1 7 CUP(Mini-Warehouse)Approved 12/09/2003 G'�t*,. / t\, / t t 4 4s4♦ MDP Approved 12/09/2003 ��!�tr,,(.1 O 11,/in , E✓„tz �' >;.: CRZ(R5-D to Conditional B-2)Approved 12/09/2003 ,...t,610,.. '�` 'n ,t`ria�j~► �'C,t� CUP(Mini Warehouse,Office Building, Manager's Qt,r.!ates; t: b M�! „L.a 1 t , % o g g '-:''%.S'ti�•% %."-,�'%z• `;�Q'V;i��,p` ��, I .; residence)Approved 02/11/2003 .,,,�J,;c.�,.t<•.{,- �,� ,Gf�r`'S� ��'„ -�;" 8 CUP(Church Expansion)Approved 09/28/1999 3`.'A ,•, 1:,.•t�%.11 m-Van'0, - -,AC .1,tQ,1.44t_ CUP(Church Expansion)Approved 04/26/2002 9 CRZ(0-2 Office District to Conditional B-2)Approved 06/13/2016 CUP(Craft Brewery)Approved 06/13/2016 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 a Conditional Use Permit for a Tattoo Parlor is consistent with the Comprehensive Plan's land use policies for the Centerville Area and consistent with the commercial nature of the surrounding properties. This site is located within the Southern Rivers Watershed and will not need to undergo stormwater analysis since there is no new construction proposed. The operation of a Tattoo Parlor is not expected to negatively impact other uses within the shopping center or in the vicinity. The Tattoo Parlor is considered to be a compatible use within the shopping center. Staff does not anticipate a significant increase in traffic volume with the addition of this use at this location. Fantasy Tattoo Company Agenda Item 11 Page 2 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 applicant is proposing to install new wall signage that is similar to the other signs within the shopping center. Given that the applicant is in the early design stages, Staff has included a condition to ensure any future signage be in compliance with the Zoning Ordinance. The applicant's outreach efforts with surrounding tenants resulted in a petition of support with 10 signatures.That petition will be provided to the Planning Commission in the supplement package. 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 This site is located in the Centerville Strategic Growth Area. The vision for the Centerville SGA is that of a mixed-use central village with connected trails to campus life, diverse neighborhoods, office, retail, and open space.The implementation strategies will build on the momentum generated by the impending road expansion to stitch together a cohesive University District. Fantasy Tattoo Company Agenda Item 11 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. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Centerville Turnpike 12,800 ADT1 12,500 ADT i(LOS 3;;D;") 13,200 ADT (LOS E ) No Change Anticipated 2 Kempsville Road 28,180 ADT1 32,700 ADT 1(LOS 3"D") 1 Average Daily Trips 2 as defined by a tattoo parlor in 3 LOS=Level of Service a shopping center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Centerville Turnpike, in the vicinity of this site, is a two-lane minor suburban arterial roadway. Centerville Turnpike has a variable width right-of-way, and the MTP shows a divided roadway with an ultimate right-of-way width of 150 feet. Public Utility Impacts Water &Sewer This site is connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding tenants. A petition of support with 44311 signatures have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 23, 2022 and October 30, 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 October 24, 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 November 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 20, 2022 and November 27, 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 November 21, 2022 Fantasy Tattoo Company Agenda Item 11 Page 4 • 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 December 2, 2022. Fantasy Tattoo Company Agenda Item 11 Page 5 Existing Site Layout _ _, .i. A '. ik: - . , . . . + %. ' ! ;I t lR+ 1�' s • 1 c. 1 ' , t+y • ray .'. _ __ __ .... , . ,; t .0../ . . ' ,-, . ' - t k - - s - ,... e f --- • lii, . t 4 '' -- ,.., • -. -1 . ..,. . , ' * . 0.4 ..-- '''''• iE� $ ` � i. ..1q + py ems. + ♦ lalik , .1,- ,� . . • tip .4.111,\',. , V' 4 . 1‘., i - it, y ,n. A ' -,,..,,,. ' _ .. P t • ^ w�y,.� a r it --k. -e- i% • r , .- . . . ... .#.4 _L• .' . ,. _... e: .40 4 .. _ islrif-•.1k .. .. ��' , .:*-:‘ ..._.„0- -.' ... , -. 1 a. tea, fN-: ••" 1 _is • 4t '• ' ,arigir, -Ili 4 ; ' 111.1 N. .'ttlii"1.1:r. , ..: • ., ., — ... __ ---I ;IV- - . ° 4..1"1'.'": ill"11. :4,,- '''''."'''.., ,,,:. {` ` f4 ' ,11 rk. „,,, . ,.. t. _ i p , - I�.'+. fir- �� -t`'� ,. `. f`ifir r. _ ..- h f r, _ .:_tiflok . .. - -i' f J �.. ;Y a 441, 1-- 4v. 4-.14‘41' . .:„ ._, ,,-0,..--.$ .---. -: • . . ,a7,- -.iv .0 --,-.. 4''' .. &' ' ' , ,. may . ':lt `,. .-_ tt_w� r. ' {�{� t' - _ Fantasy Tattoo Company Agenda Item 11 Page 6 Site Photoslaglitak• sir 4111**411* AMP Fantasy Tattoo Company Agenda Item 11 Page 7 Disclosure Statement Disclosure Statement NIB City of Vervila&Rath 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 ran+As`, �t pa Corn G art Does the applicant have a representative? 0 Yes Ei No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑No O If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) a If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the applicant. (Attach a list if necessary) Nit) e "°arent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e Fantasy Tattoo Company Agenda Item 11 Page 8 Disclosure Statement eft efilgilt lads 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 El 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 gi No I o 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? $1 Yes ❑ No o If yes,identify the company and individual providing the service. 34\. Si(-)C\r, -- atrh<k gcitr 7"c,-f- invr es in e6 tl CAVISoc.5 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 c if yes,identify the firm and individual providing the service. 5i'xc r'nC^, \ T . C CAT 1CC?� d 1s ya /4i'linoV(L - 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?D Yes RI 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. e✓rsed 11.0.9.2020 2 I P a g e Fantasy Tattoo Company Agenda Item 11 Page 9 Disclosure Statement Disclosure Statement i' cJ y q/Ybq mr u Planning&Community Development 6. Does the applicant have a construction�� contractor in connection with the subject of the application or any business operating er to be operated on the property?2J.Yes ®No If yes,identify the company and individual providing the service. Ail ru ,,-, J(. /14-tr•u (+ion — Jpn Uroan . 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any busiress operating or to be operated on the property?❑Yes 121 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?El Yes ❑No if yes,identify the firm and individual providing the service. c'ec.,<OC . Nlc.: ec'0 --- „Mf.n Inc.t31Tick)et— P,L.,C Applicant Signature certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearirg,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 Signat e �x�c IhArn J (GkC•. — P es11.6+ e) G.(_c\c- forta.-v Pc{'siC.�C�';+ Print Name and Title ` �'- Date Is the applicant also the owner of the subject property? 0 Yes 8.No o If yes,you do not need to fill out the owner disclosure statement. f......us(Olin Y)Ail disclosures most be updated two.2}*reeks prior to any Planning Corm.scion and City Council meeting X No changes as of °ie 11/1 8/22 s'""°" ""Mame Michaels D.McKinney aped 1 c..20 2G 3 i P a g e Fantasy Tattoo Company Agenda Item 11 Page 10 Disclosure Statement Disclosure Statement \IB City of Viyian Bead, Planning&Community Development Owner Disclosure Owner Name WCSC,LLC Applicant Name Fantasy Tattoo Company 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) Mark F Garcea,owner member Page S.Johnson,II,member • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Northampton Executive Center,LLC-affiliated business entity Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities 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 Fantasy Tattoo Company Agenda Item 11 Page 11 Disclosure Statement Disclosure Statement \fi3 C'i;y of Vu7iw ti.vdi 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 oe 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 a^d anticipated future sales cf the subject property? ❑Yes No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?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 IE 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 NI 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 El No • If yes,identify the firm and individual providing the service. 61 Fantasy Tattoo Company Agenda Item 11 Page 12 Disclosure Statement Disclosure Statement City of VI/yinio Beath Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any busiress 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 6 y or committee in connection with this application. Owner Signature Page S.Johnson,II Manager Print Name and Title /$6111 Date t 71 Fantasy Tattoo Company Agenda Item 11 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fantasy Tattoo Company Agenda Item 11 Page 14 Virginia Beach Planning Commission November 9, 2022, Public Meeting Agenda Item # 11 Fantasy Tattoo Company (Applicant) WCSC, LLC (Property Owner) Conditional Use Permit (Tattoo Parlor) Address: 1920 Centerville Turnpike, Suite 118 RECOMMENDED FOR APPROVAL — CONSENT Mr. Weiner: Thank you sir. Next is item number 11, Fantasy Tattoo Company. WCSC, LLC, Conditional Use Permit for tattoo parlor at 1920 Centerville Turnpike. Please state your name for the record. Mr. Cardona: Good afternoon. Daniel Cardona and this is Jamie Carey. We are partners in Fantasy Tattoo. Thanks so much for hearing us today. Mr. Weiner: All the conditions are acceptable? Mr. Cardona: Yes sir. Mr. Weiner: Okay, great. Any opposition to this being placed on the consent agenda? Hearing none, Mr. Frankenfield has volunteered to read this into the record because he said he always wanted to get a tattoo. Mr. Frankenfield: This applicant is requesting a Conditional Use Permit to operate a traditional tattoo parlor at the Woods Corner Shopping Center. The property meets all the requirements of staff and city ordinances and has support from 10 other retail operators in the shopping center. So for all those reasons, staff recommended approval and Planning Commission recommends consent. Thank you very much. Mr. Weiner: Thank you, Mr. Redmond. Mr. Chairman, I move for approval on the consent agenda. That's the end of our consent agenda. I move for approval on the consent agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, 22 through 38. Mr. Wall: Okay, all right. Thank you. So Planning Commission places those on the consent agenda. So the motion is... Mr. Weiner: The Planning Commission places those agenda items on the consent agenda. Mr. Wall: So do I have a motion? Mr. Weiner: We made it. Mr. Wall: You made it right, but did you make it on? Mr. Weiner: Yes. Mr. Wall: I see that,just checking. So the motion is made by Mr. Wiener? Is there a second? So second by Ms. Cuellar. Are there any abstentions? Okay, vote is open. Madam Clerk: Vote is open. By a vote of 8 to 0 agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, and 22 through 38 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz ABSENT Bradley AYE Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. 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 We support the approval of a conditional use permit for Fantasy Tattoo Company to operate a tattoo parlor at 1920 Centerville Turnpike, suite 118 Printed Name Signature Business Name Contact Number Date frou'tc11 Ar- � i v►�� l�1`vt� Cl S7) l}7 k- � Y'/ly (a`I /2 Valai( i �!Iti�in, c --V2A) qc7- 4 --- Tni (7s �,;�� �t1 ;r- Gc� � � ���� s i �7�l— S63� 2L� _ ,,..d,..t- cz____.-1/4-,),----- it7 _so 2_ - 0 4 0 ,7- ?--z L sn-i\lo*,04 -�arn hOUS=c Bnw��� �� .� 1� 1 0 t� �3 °I I j i/ �> c �a� e.c\k‘s z5, o ��s 6�Ab�3- 1.1- �dY\vS CuoiLt - .L. ,,i�1 q1zt Izz 7`�kRrt,� 'v.);lk,� G'�..� B..r4.,w -nt - �a..k5 (15-7) G:35- t/3t1U c6s� 4.,, Alck16A (////' �-/ 36rt-;ccs 757) yfy •3-1))`1106 7/7//2Z LFav‘wAfnGiLA- 5co,1 ;±_' GNU,�)f 6a1cCv�4 951 Pal - Q TO ){a Q2 , wkv(i �.i�t�1t� �`> �.L4- un " ` )1`1 'S`i ?AP `j)a,l 1 -,), ,r' it CZ;t --Zdsc\c ,134,112cA-c- i',110i,-_- 0(\ .\,,i 75772‘.(21S-(7c i 7e 11-j7--- ? , . , . -- --- • L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION ATLANTIC COMMUNITY DEVELOPMENT AUTHORITY AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD EASTERN VIRGINIA MEDICAL SCHOOL BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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=e4223 ccbc43457b0de2a434e079f3 3 d9f 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on December 6, 2022. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/15/2022 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC I M O O L O C N Y L 0 L OUWS f H C E EME S S EOE I H R YBS S ER N N CITY COUNCIL'S BRIEFING A. TOURISM ECONOMIC IMPACT OF Nancy Heiman, VISITORS TO VIRGINIA Director— BEACH Conventions and Visitors Bureau 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-E F. MINUTES 1. INFORMAL/FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y YYY Y Y November 1,2022 G. MAYOR'S PRESENTATIONS 1. 60TH ANNIVERSARY AWARD Thomas J.Lyons 2. NATIVE AMERICAN HERITAGE MONTH PROCLAMATION Chief Emeritus Lee Lockamy H. PUBLIC COMMENT 1. SOMETHING IN THE WATER(SITW) 26 SPEAKERS I. PUBLIC HEARINGS I. DECLARATION AND SALE OF EXCESS 1 SPEAKER PROPERTY 3000 Barberry Lane 2. ACQUISITION, BY AGREEMENT OR 1 SPEAKER CONDEMNATION Shore Drive Corridor Improvements—Phase III Project,CIP 100381(formerly CIP 2-117) 3. LEASE OF CITY PROPERTY 1 SPEAKER Approximately 4,860 square feet located directly adjacent to 101 South Independence Boulevard K.1. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y EXECUTE a lease of City-Owned property CONSENT located adjacent to 101 South Independence Boulevard for five(5)years with Blazin'Wings, Inc.,t/a Buffalo Wild Wings Grill&Bar CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/15/2022 PAGE: 2 B 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 HCEEMES S EOE I HR YBS S ERNN K.2. Resolution to ADOPT the City's 2023 Legislative ADOPTED,AS 11-0 Y Y Y Y Y Y YYYY Y Agenda AMENDED (ITEMS 1,3,4,5,6,7,8,9,10,11,12,13,14,15,17) ITEM 2 —REPEAL OF 1% LOCAL TAX ON ADOPTED 9-2 Y Y N Y Y Y YNYY Y GROCERIES ITEM 16 — WOMEN'S RIGHT TO POSTPONED 7-4 Y Y Y Y Y YNNNY N REPRODUCTIVE HEALTHCARE INDEFINITELY K.3. Resolution to REQUEST the General Assembly ADOPTED 6-5 YNNNN Y YYYNY AMEND the City Charter re process for filling vacancies in the Office of Member of City Council and Mayor (Requested by Council Member Moss) K.4. Ordinance to AUTHORIZE acquisition of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y temporary and permanent easements, either by agreement or condemnation re Winston Salem Avenue Corridor Improvements Project,CIP 100489(formerly CIP-9-006) K.5. Ordinance to AWARD a $5,000 Community ADOPTED,BY 10-1 Y Y Y N Y Y Y Y Y Y Y Services Micro-Grant to United Full Gospel CONSENT Revival Center of Virginia Beach re support its annual Thanksgiving Basket Giveaway and Fill the Bag Christmas Drive (Requested by Council Member Wooten) K.6. Ordinance to AMEND City Code Sections 27- ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y 60 and 27-61 re membership of the CONSENT Independent Citizens Review Board (Requested by Council Members Henley and Wooten) K.7. Ordinance to AMEND the Summary of Terms to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXTEND closing date of five(5)parcels of land CONSENT located at the intersection of Burton Station and Tolliver Roads to Seniors Unlimited Lifestyles, Inc.as assigned to SUL Tranquility at the Lakes II,LLC K.8. Ordinance to AUTHORIZE temporary DEFERRED TO 11-0 Y Y Y Y Y Y YYY Y Y encroachments into a portion of City-Owned DECEMBER 13, property known as Bass Inlet(a/k/a Mill Pond) 2022 and an existing five(5)foot drainage and utility easement,located at the rear of 2961 Sand Bend Road re construct and maintain an open sided boat lift with a roof,a marginal wharf,and a dock and to maintain portions of an existing bulkhead with related bulkhead returns DISTRICT 2 (Formerly District 7 — Princess Anne) K.9. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City-Owned CONSENT canal off Ashville Bridge Creek located at the rear of 2472 Entrada Drive re construct and maintain the replacement of one hundred seventeen (117)feet of bulkhead, and to construct and maintain a dock, boat lift, electric line, and twenty-one(21)tie backs and dead man piles DISTRICT 2 (Formerly District 7 — Princess Anne) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/15/2022 PAGE: 3 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 K.10. Ordinance to MODIFY the area proposed for ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y closure and to EXTEND the date for satisfying CONSENT the conditions re various rights-of-way adjacent to an assemblage of property owned by the City of Virginia Beach Development Authority at: a. Portion of the South Side of 20th Street between Pacific&Arctic Avenues b. Portion of the South Side of 20th Street between Arctic&Baltic Avenues c. Portion of the West Side of Arctic Avenue between 19th&20th Streets d. 19th Street between Pacific&Arctic Avenues e. All alleys within the block surrounded by Arctic &Baltic Avenues and 19th&20th Streets K.11. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y YYY YYYY Y $30,000 from the Virginia Department of Forestry CONSENT to FY2022-23 Department of Parks and Recreation Operating Budget re Princess Anne Commons urban forestry activities L.1. C.P. MARINE & DIESEL, INC/ CARL & APPROVED/AS 11-0 Y Y Y Y Y Y YYYY Y GLORIA'S REPAIR SHOP, LLC for a MODIFIED/ Modification of Conditions re automobile repair AS garage at 1399 Air Rail Avenue DISTRICT 4 CONDITIONED, (Formerly District 4—Bayside) BY CONSENT L.2. M.M.ROLLINS&COMPANY,A VIRGINIA APPROVED,BY 11-0 Y Y Y YYY YYYY Y CORPORATION for a Change of Zoning from CONSENT AG-2 Agricultural to B-2 Community Business District re auto sales and service at 652 Princess Anne Road DISTRICT 2(Formerly District 7— Princess Anne) L.3. SACRED DAGGERS, LLC/ PAVEMENT APPROVED/AS 11-0 Y Y Y YYY YYYY Y PARADISE,LLC,for an Alternative Compliance CONDITIONED, re tattoo parlor at 529 Virginia Beach Boulevard BY CONSENT DISTRICT 5(Formerly District 6—Beach) L.4. VIRGINIA AQUARIUM FOUNDATION/ APPROVED/AS 11-0 Y Y Y YYY YYYY Y CITY OF VIRGINIA BEACH for a Conditional CONDITIONED, Use Permit re wind energy conversion system at BY CONSENT 801 General Booth Boulevard DISTRICT 6 (Formerly District 6—Beach) L.5. RUSSELL A. BROWN for a Conditional Use APPROVED/AS 11-0 Y Y Y Y Y Y YYYY Y Permit re home occupation—retail sales at 1212 CONDITIONED, Sycamore Road DISTRICT 8(Formerly District 5 BY CONSENT —Lynnhaven) L.6. GREEN CLEAN SHORE,LLC/KS SHORE, APPROVED/AS 11-0 Y Y Y YYY YYYY Y LLC for a Conditional Use Permit re car wash CONDITIONED, facility at 4769 Shore Drive DISTRICT 9 BY CONSENT (Formerly District 4—Bayside) L.7. SHAWN ANDREW MASLANEY for a APPROVED/AS 11-0 Y Y Y Y Y Y YYYY Y Conditional Use Permit re short term rental at CONDITIONED, 1724 Baltic Avenue DISTRICT 6 (Formerly BY CONSENT District 6—Beach) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/15/2022 PAGE: 4 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 MO 0 L O C N Y L 0 L OUWS T HCE EMES S E OE I II R Y B S S F RNN APPOINTMENTS RESCHEDULED BYCO N S ENS 1` S 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD I.. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 9: 17 PM