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Home My WebLink About2-7-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA LEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large G‘ty]A BE4C VICE MAYOR ROSEMARY WILSON—District 54` , �S!L MICHAEL F.BERL UCCHI—District 3 p4 .`_ BARBARA M.HENLEY—District 2 N.D. "ROCKY"HOLCOMB—District 1 ROBERT W. "WORTH"REMICK—District 6 U .L� ' ' DR.AMELIA N.ROSS-HAMMOND—District 4 "' JENNIFER ROUSE—District 10 JOASHUA F. `JOASH"SCHULMAN—District 9 ° • CHRIS TAYLOR—District 8 SABRINA D. WOOTEN—District 7 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 February 7,2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:00 PM A. GENERAL ASSEMBLY LEGISLATIVE UPDATE Debra M. Bryan, Director of Legislative Affairs B. JOINT CIP CITY AND SCHOOL BOARD MODERNIZATION REVIEW 1:30 PM COMMITTEE UPDATE Melisa A. Ingram, Executive Director, Office of Facilities—VBCPS C. YOUTH TACKLE FOOTBALL 2:00 PM Don Marcari, Football Commissioner Great Neck Athletic Association Jeff Doy Director of Tackle Football Great Neck Athletic Association (Requested by Council Member Wooten) D. STEVEN A. COHEN MILITARY FAMILY CLINIC AT THE UP CENTER 2:30 PM Tina Gill, President& CEO—The Up Center (Requested by Council Member Berlucchi) E. INDEPENDENT CITIZEN REVIEW BOARD STATUS UPDATE 3:00 PM Andrew Damon, Legislative Affairs Analyst (Requested by Council Member Wooten) II. CITY COUNCIL LIAISON REPORTS 3:30 PM III. DISCUSSION/INITIATIVES/COMMENTS IV. CITY COUNCIL AGENDA REVIEW 3:45 PM V. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Dr. Veronica Coleman—Pastor New Jerusalem Ministries C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS January 17, 2023 H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN MEMORIAM- Earl M. Tebault Family of Mr. Tebault accepting 2. AFRICAN AMERICAN HERITAGE MONTH PROCLAMATION 3. CONGENITAL HEART DISEASE AWARENESS WEEK PROCLAMATION I. PUBLIC HEARING 1. CHANGE THE POLLING LOCATION FOR PRECINCT 0040 AND REQUEST A WAIVER TO ADMINISTER A SPLIT PRECINCT FOR PRECINCT 0069 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 re change the polling location for Precinct 0040 to Union Baptist Church at 4608 South Boulevard and to REQUEST a waiver to administer a split precinct for Precinct 0069 (Requested by the Virginia Beach Electoral Board) 2. Ordinance to ADOPT a City Council Policy re City Council Agendas (Requested by City Council) 3. Ordinance to APPROPRIATE $223,801 of Fund Balance from the General Fund to the FY2022- 23 Parks and Recreation Operating Budget and AUTHORIZE 5.93 positions re "Parks After Dark"pilot program (Requested by Mayor Dyer and Vice Mayor Wilson) 4. Ordinance to AMEND Section 2-6 of the City Code re membership of the Resort Advisory Commission (RAC) (Requested by Vice Mayor Wilson and Council Members Remick and Taylor) 5. Resolution to ADOPT an Updated City Council Policy re Management of Tax-Supported Debt 6. Ordinance to AMEND the Parks and Recreation Commission membership 7. Ordinance to AMEND Section 2-396 re the Planning Commission membership 8. Ordinance to AMEND Section 6-162 of the City Code re the Beaches and Waterways Commission membership 9. Resolution to AMEND the City's Transition Area/Interfacility Traffic Area Citizens' Advisory Committee membership 10. Resolution to AMEND the Bayfront Advisory Commission membership 11. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property located at the rear of 845 Romney Lane re maintain two (2) existing shrubs and construct and maintain a six (6') foot tall vinyl fence DISTRICT 9 (Formerly District 4 - Bayside) 12. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal, located at the rear of 2004 Compass Circle re construct and maintain two (2) four pile boat lifts, a vinyl bulkhead, a wharf,two(2) piers, and granite quarry stone rip-rap, and to maintain two (2) existing concrete bag bulkhead, and existing rip-rap DISTRICT 8 (Formerly District 5 - Lynnhaven) 13. Ordinance to AUTHORIZE temporary encroachments into a portion of a City-owned 300' Canal Easement,located at the rear of 1960 Tibbetstown Drive re construct and maintain a wood dock, flexamat,two(2)sections of rip-rap and wood pier DISTRICT 5 (Formerly District 7—Princess Anne) 14. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Lake Joyce and the twenty-foot(20') strip of land around Lake Joyce,located at the rear of 4501 Powells Point Road re construct and maintain a bulkhead, sand backfilled not more than 2'from existing bulkhead,with two(2) returns walls,a floating dock,a mooring pile, an L-shaped jet dock and to maintain an existing paver pool deck,a paver patio deck,a stepped walkway and two (2) chain link fences DISTRICT 9 (Formerly District 4—Bayside) 15. Ordinance to ACCEPT an In-Kind Grant from the University of Florida Shelter Medicine Program re Animal Shelter Consultation 16. Ordinance to APPROPRIATE $1.5-Million of Fund Balance from the Tourism Investment Program (TIP) fund and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Live Nation Worldwide, Inc. re"BEACH IT" Musical Festival 17. Ordinance to TRANSFER $349,958 of Vacancy Savings within the General Fund to the FY2022-23 Communications Office Operating Budget and AUTHORIZE the City Manager enter into a Contract with the University of Virginia's Weldon Cooper Center for Public Service re community engagement for the City's Election System 18. Ordinance to TRANSFER $140,000 within the Parks and Recreation Operating Budget re fund the Summer Youth Employment Program through the remainder of the fiscal year 19. Ordinance to ACCEPT and APPROPRIATE $341,001 in grant funds from Eastern Virginia Medical School to the FY2022—23 Parks and Recreation Operating Budget re support the Out of School Time program 20. Ordinance to ACCEPT and APPROPRIATE $190,000 from the Virginia Department of Behavioral Health and Developmental Services to the FY2022-23 Human Services Operating Budget and AUTHORIZE one(1) position re support information technology infrastructure 21. Ordinance to ACCEPT and APPROPRIATE $14,354.53 from the Virginia Department of Forestry to the FY2022-23 Parks and Recreation Operating Budget re projects related to public education, outdoor recreation, and forest conservation initiatives L. PLANNING 1. KM CASH CONSTRUCTION CORP for a Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2) lots at 3536 Boyd Road DISTRICT 3 (Formerly District 6 — Beach) RECOMMENDATION: APPROVAL 2. TONY SAADY & LINA A. SAADY/ TONY J. & LINA AZAR-SAADY, TRUSTEES OF TONY & LINA SAADY REVOCABLE LIVING TRUST for a Variance to Section 4.1(m) of the Subdivision Regulations re subdivide two (2) lots at 5020 Lord Felton Lane DISTRICT 9 (Formerly District 4 - Bayside) RECOMMENDATION: APPROVAL 3. LUCY GWALTNEY CLAY LIVING TRUST for a Change in Nonconformity re renovate a secondary dwelling at 102A & 102B 45th Street DISTRICT 6 (Formerly District 6 - Beach) RECOMMENDATION: APPROVAL 4. AGI-VB HOLDING, LLC for a Modification of Proffers re amend the proffered conceptual plan associated with the 2014 Conditional Rezoning request and add a 2,100 square foot outside café and two 814 square foot storage units at 1925 Fischer Arch DISTRICT 2 (Formerly District 7 - Princess Anne) RECOMMENDATION: APPROVAL 5. LEGACY HAVEN ANIMAL RESCUE/ ELAINE SWARTS for a Conditional Use Permit re residential kennel at 5433 Hunt Club Drive District 1 (Formerly District 2 - Kempsville) RECOMMENDATION: DENIAL 6. LASHAWNA D. POWELL/SST HOLDINGS,LLC for a Conditional Use Permit re assembly use at 701 South Military Highway, Suite F DISTRICT 1 (Formerly District 2 - Kempsville) RECOMMENDATION: APPROVAL 7. VB BTS II, LLC/ VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA for a Conditional Use Permit re communication tower at 568 North Lynnhaven Road DISTRICT 8 (Formerly District 5 - Lynnhaven) RECOMMENDATION: APPROVAL 8. Ordinance to AMEND City Zoning Ordinance (CZO) Section 901 re allow for ice vending machines as accessory uses to shopping centers in B-2, B-3, and B-4 Zoning Districts (Sponsored by Vice Mayor Wilson) RECOMMENDATION: APPROVAL M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION 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 STORMWATER APPEALS BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT COALITION N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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=e7f840879c4e1 cd3374de55cb9d7fb2b9 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on February 7, 2023. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:00 PM A. GENERAL ASSEMBLY LEGISLATIVE UPDATE Debra M. Bryan, Director of Legislative Affairs B. JOINT CIP CITY AND SCHOOL BOARD MODERNIZATION REVIEW 1:30 PM COMMITTEE UPDATE Melisa A. Ingram,Executive Director, Office of Facilities—VBCPS C. YOUTH TACKLE FOOTBALL 2:00 PM Don Marcari, Football Commissioner Great Neck Athletic Association Jeff Doy Director of Tackle Football Great Neck Athletic Association (Requested by Council Member Wooten) D. STEVEN A. COHEN MILITARY FAMILY CLINIC AT THE UP CENTER 2:30 PM Tina Gill, President& CEO—The Up Center (Requested by Council Member Berlucchi) E. INDEPENDENT CITIZEN REVIEW BOARD STATUS UPDATE 3:00 PM Andrew Damon, Legislative Affairs Analyst (Requested by Council Member Wooten) II. CITY COUNCIL LIAISON REPORTS 3:30 PM III. DISCUSSION/INITIATIVES/COMMENTS IV. CITY COUNCIL AGENDA REVIEW 3:45 PM V. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Dr. Veronica Coleman—Pastor New Jerusalem Ministries C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS January 17, 2023 H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN MEMORIAM - Earl M. Tebault Family of Mr. Tebault accepting 2. AFRICAN AMERICAN HERITAGE MONTH PROCLAMATION 3. CONGENITAL HEART DISEASE AWARENESS WEEK PROCLAMATION to. Af 14,44 ouitton° rodamation 'Whereas: People of African descent first arrived in Virginia in 1619;and Whereas: The first persons of African descent in Virginia Beach were fikly to have been three individuals transported here 6y Capt.Adam TTroroughgood 6y 1637;and 'Whereas: the genera!commemoration of the historicalcontri6utwns of African Americans in Virginia andefsewhere was first established as Negro)futoryWeekin 1926 6y a native Virginian,Carter G.'Woodson;and 'Whams: President Gerard R,'Ford expanded this commemoration and celebration to encompass Bfacklfistory Month in 1976;and Whereas: The theme of the commemoration in 2021 is The B(ack'Family:Representation,Identity and(Diversity;and 'Whereas: The institution of slavery in America,Virginia and locally created significant chainges to maintaining the family unit for African Americans;and 'Merv= Thorough these challenges theAfricanAmen-can familjo has persevered and developed strong bonds eyendng through many generations and throughout the community;and- 'Mimes: The African American community has found purpose through family and through the church;and Whence:: African American churches,such as the Union Baptist Church in Virginia(Beach,provide for the spiritual strength and welfare of families;and- 'Mimes: The`Union Baptist Church began in this community 158 years ago during the American Civil-War;and Whereas: One of the first schools for African American students was established on the grounds of'Union(Baptist Church in 1868;and 'GN4ereas: The Princess Anne County Training Schoo(frrit herd crosses in 1934 at the`Union Baptist Church;and 'Whereas Bettie'Forhes Williams,a fife-long member of'Union Baptist Church,became the second-Supervisor of Wegro'Elementary Schools in (PrincessAnne County in 1946;and 'Whereas In 1962,Bettie'Forbes Williams became the only African American to have a school named in her honor in Virginia Beach;and %44e►eas: The Vnion Baptist Church congregation of over 300 members now worships in the church's fifth budding;and Whereas: In 2012`Union Baptist Church erected Rev.qD.Thomacine Reid as their pastor,giving her the honor of being the first black female caled to pastor a traditional Baptist church in the Tidewater area;and 14/tiereas: In'Fe6nsary 2013'Union(Baptist church deduated the Reverend Samuel-Walton Eamily Life Center;and 'tMtev as African Americans have overcome enslavement,discrimination,and adversity to male positive contributions in all areas of enterprise and service in Virginia(Beach,the Commonwealth of Virginia,and the VnitedStates of America;and Whereas: The Mayor and City Council support the establishment of the Virginia African American Cultural Center in Virginia Beach as a hub for African American culture and history. Wow Therefore,14ko6ert M. Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: February 2023 African American Heritage Month In Tirginia(Beach,and furthermore cal upon the citizens,government agencies,public and private institutions,businesses,and schools in Virginia Beach to recognize the contributions of African Americans to the history and development of the city,state,and nation and to commemorate this month with appropriate activities. In w4 tnsss'Whereof,I have hereunto set my hand and caused the Official Seal of the City of Virginia(Beach,Virginia,to be affixed this Seventh Day of'February,Two Thousand Twenty-Three. 1441/4 1544 Robert 9K. V3o66y'(Dyer Mayor AFC 4N1`).:A Na(F OUR ROG° ro tiamation Whereat. rebruary is American Mean Month and every year,Te6ruary 7-14 is observed as Congenital Heart 'Disease(C D)Awareness'Week and Whereat CM,refers to a range of sttucturalpro6fems present at birth that affect nonna(heart function and is the most common type of birth defect in our nation,affecting nearly 1 percent of births each year and 'Whereas: raising awareness among medical'professionaLs,researchers,families,and the community about CIRDs can head to prevention and increased access to care,and Whereas: Conquering COD-Virginia serves as the state chapter for the(District of Columbia,'Virginia,and Maryland 6y providing outreach and support to the MD community Wow,'Therefore I,Robert Y. 'Bobby"Dyer,Yayor of the City of'Virginia Beach,'Virginia,do hereby proclaim February 7-14, 2023 Congenital7- ears as. Week In Virginia Beach,and I call upon the citizens and members within government agencies,public and private institutions, business,andschoohs in'Virginia Beach to increase the awareness of congenital heart disease to understand prevention and additional access to care for those diagnosed In 'Witness Whereof; I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, Virginia,to be affited this Seventh Day of'Fe6ruary,Two rlhousand and'Iwenty-Three. Robert X. °Bobby"Dyer Mayor I. PUBLIC HEARING CHANGE THE POLLING LOCATION FOR PRECINCT 0040 AND REQUEST A WAIVER TO ADMINISTER A SPLIT PRECINCT FOR PRECINCT 0069 45, •k , t %...., 01, 1,--;..:,-itts,+:\ (.,, ,, .1" . ii, 4.,A,..„. . y vs„ ..4"; W,N,,,, PUBLIC HEARING ORDINANCE TO CHANGE THE POLLING LOCATION FOR PRECINCT 0040 AND REQUEST A WAIVER TO ADMINISTER A SPLIT PRECINCT FOR PRECINCT 0069 The City Council of Virginia Beach, Virginia at its formal session on February 7,2023,at 6:00 p.m.will conduct a public hearing upon an ordinance to change the polling location for Precinct 0040 and to request a waiver to administer a split precinct for Precinct 0069. If adopted, the polling location for Precinct 0040 will move from Princess Anne High School to Union Baptist Church. The street address of Union Baptist Church is 4608 South Boulevard. A copy of the aforesaid ordinance may be inspected in the Voter Registrar's Office,which is located at 2449 Princess Anne Road,Municipal Center,Building 14, Virginia Beach,Virginia,23456. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call: TDD only 711 (TDD - Telephonic Device for the Deaf). If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: httos://vbRov.webex.com/vbRov/on stage/R.php?MTI D=e7f840879c4e 1 c d3374de55cb9d7fb2b9 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on February 7,2023. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON:January 29 and February 5, 2023 J. FORMAL SESSION AGENDA CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 re change the polling location for Precinct 0040 to Union Baptist Church at 4608 South Boulevard and to REQUEST a waiver to administer a split precinct for Precinct 0069 (Requested by the Virginia Beach Electoral Board) 2. Ordinance to ADOPT a City Council Policy re City Council Agendas (Requested by City Council) 3. Ordinance to APPROPRIATE $223,801 of Fund Balance from the General Fund to the FY2022- 23 Parks and Recreation Operating Budget and AUTHORIZE 5.93 positions re "Parks After Dark" pilot program (Requested by Mayor Dyer and Vice Mayor Wilson) 4. Ordinance to AMEND Section 2-6 of the City Code re membership of the Resort Advisory Commission (RAC) (Requested by Vice Mayor Wilson and Council Members Remick and Taylor) 5. Resolution to ADOPT an Updated City Council Policy re Management of Tax-Supported Debt 6. Ordinance to AMEND the Parks and Recreation Commission membership 7. Ordinance to AMEND Section 2-396 re the Planning Commission membership 8. Ordinance to AMEND Section 6-162 of the City Code re the Beaches and Waterways Commission membership 9. Resolution to AMEND the City's Transition Area/Interfacility Traffic Area Citizens' Advisory Committee membership 10. Resolution to AMEND the Bayfront Advisory Commission membership 11. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property located at the rear of 845 Romney Lane re maintain two (2) existing shrubs and construct and maintain a six (6') foot tall vinyl fence DISTRICT 9 (Formerly District 4 - Bayside) 12. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal, located at the rear of 2004 Compass Circle re construct and maintain two (2) four pile boat lifts, a vinyl bulkhead, a wharf,two (2) piers, and granite quarry stone rip-rap, and to maintain two (2) existing concrete bag bulkhead, and existing rip-rap DISTRICT 8 (Formerly District 5 - Lynnhaven) 13. Ordinance to AUTHORIZE temporary encroachments into a portion of a City-owned 300' Canal Easement,located at the rear of 1960 Tibbetstown Drive re construct and maintain a wood dock, flexamat,two(2)sections of rip-rap and wood pier DISTRICT 5 (Formerly District 7—Princess Anne) 14. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Lake Joyce and the twenty-foot(20') strip of land around Lake Joyce, located at the rear of 4501 Powells Point Road re construct and maintain a bulkhead, sand backfilled not more than 2'from existing bulkhead,with two(2) returns walls,a floating dock,a mooring pile,an L-shaped jet dock and to maintain an existing paver pool deck,a paver patio deck,a stepped walkway and two (2) chain link fences DISTRICT 9 (Formerly District 4—Bayside) 15. Ordinance to ACCEPT an In-Kind Grant from the University of Florida Shelter Medicine Program re Animal Shelter Consultation 16. Ordinance to APPROPRIATE $1.5-Million of Fund Balance from the Tourism Investment Program (TIP) fund and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Live Nation Worldwide, Inc. re"BEACH IT"Musical Festival 17. Ordinance to TRANSFER $349,958 of Vacancy Savings within the General Fund to the FY2022-23 Communications Office Operating Budget and AUTHORIZE the City Manager enter into a Contract with the University of Virginia's Weldon Cooper Center for Public Service re community engagement for the City's Election System 18. Ordinance to TRANSFER $140,000 within the Parks and Recreation Operating Budget re fund the Summer Youth Employment Program through the remainder of the fiscal year 19. Ordinance to ACCEPT and APPROPRIATE $341,001 in grant funds from Eastern Virginia Medical School to the FY2022—23 Parks and Recreation Operating Budget re support the Out of School Time program 20. Ordinance to ACCEPT and APPROPRIATE $190,000 from the Virginia Department of Behavioral Health and Developmental Services to the FY2022-23 Human Services Operating Budget and AUTHORIZE one(1)position re support information technology infrastructure 21. Ordinance to ACCEPT and APPROPRIATE $14,354.53 from the Virginia Department of Forestry to the FY2022-23 Parks and Recreation Operating Budget re projects related to public education, outdoor recreation, and forest conservation initiatives wa• a,- 'jji "si ttku.....v. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Location for Precinct 0040 and to Request a Waiver to Administer a Split Precinct for Precinct 0069 MEETING DATE: February 7, 2023 • Background: The Virginia Beach Electoral Board (the "Electoral Board") has requested the City Council adopt an ordinance to move the polling location for Precinct 040 from Princess Anne High School to Union Baptist Church. Union Baptist Church is located at 4608 South Boulevard. A map showing this location is attached. Princess Anne High School is currently one of the schools on the list to be remodeled. The Electoral Board also requested the City Council adopt a resolution to request the State Board of Elections provide a waiver to administer a split precinct. Last year's redistricting caused a split in Precinct 0069. Precinct 0069 contains Senate Districts 20 and 22 and House Districts 95 and 100. Last, the ordinance removes obsolete text regarding the location of the Central Absentee Precinct during the November 2022 elections and updates the name of the polling location for Precinct 0017, which has been renamed "The Louis R. Jones Bayside Recreation Center." • Considerations: The polling location requested for Precinct 0040 meets the requirements of the Americans with Disabilities Act. The ordinance directs the Voter Registrar to seek a certificate of no objection from the Office of the Attorney General for the change in polling location. Provided such certificate is obtained, the polling location change will be administered starting with the June primary election, if such primary election is required. • Public Information: As required by the Code of Virginia, a notice of the proposed polling location change was published in the newspaper once a week for two consecutive weeks. An advertisement would also be placed in the newspaper prior to the June primary election, if held. If there is no June primary election, the advertisement will be placed prior to the November general election. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance; Map Requested by the Virginia Beach Electoral Board 1 AN ORDINANCE TO AMEND SECTION 10-1 OF 2 THE CITY CODE TO CHANGE THE POLLING 3 LOCATION FOR PRECINCT 0040 AND TO 4 REQUEST A WAIVER TO ADMINISTER A SPLIT 5 PRECINCT FOR PRECINCT 0069 6 7 SECTION AMENDED: § 10-1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1 . Section 10-1 of the City Code is hereby amended and reordained to read as 13 follows: 14 15 Sec. 10-1. Establishment of precincts and polling places. 16 17 There are hereby established in the city the following precincts and their respective 18 polling places, as set forth below: 19 20 Precinct Polling Place 21 0001 Galilee Episcopal Church 22 3928 Pacific Avenue 23451 23 0002 Museum of Contemporary Art 24 2200 Parks Avenue 23451 25 0003 Ocean Lakes Elementary 26 1616 Upton Drive 23454 27 0004 Virginia Beach Community Chapel 28 1261 Laskin Road 23451 29 0005 Mount Olive Baptist Church 30 310 N. Birdneck Road 23451 31 0006 Alanton Elementary School 32 1441 Stephens Road 23454 33 0007 King's Grant Presbyterian Church 34 745 Little Neck Road 23452 35 0008 London Bridge Baptist Church 36 2460 Potters Road 23454 37 0009 Trantwood Elementary School 38 2344 Inlynnview Road 23454 39 0010 All Saints' Episcopal Church 40 1969 Woodside Lane 23454 41 0011 Edgar Cayce's Association for Research 42 and Enlightenment 43 215 67th Street 23451 44 0012 Lynnhaven Elementary School 45 210 Dillon Drive 23452 46 0013 Windsor Woods Elementary School 47 233 Presidential Boulevard 23452 48 0014 Malibu Elementary School 49 3632 Edinburgh Drive 23452 50 0015 Calvary Baptist Church 51 4832 Haygood Road 23455 52 0016 Bayside Sixth Grade Campus 53 4722 Jericho Road 23462 54 0017 The Louis R. Jones Bayside Gemmunity 55 Recreation Center 56 4500 First Court Road 23455 57 0018 Independence Middle School 58 1370 Dunstan Lane 23455 59 0019 Bayside Church of Christ 60 5025 Shell Road 23455 61 0020 Bayside Elementary School 62 5649 Bayside Road 23455 63 0021 Bettie F. Williams Elementary School 64 892 Newtown Road 23462 65 0022 Point 0' View Elementary School 66 5400 Parliament Drive 23462 67 0023 Arrowhead Elementary School 68 5549 Susquehanna Drive 23462 69 0024 St. Andrews United Methodist Church 70 717 Tucson Road 23462 71 0025 Fairfield Elementary School 72 5428 Providence Rd. 23464 73 0026 Kempsville Presbyterian Church 74 805 Kempsville Road 23464 75 0027 Kempsville Middle School 76 860 Churchill Drive 23464 77 0028 Thalia Elementary School 78 421 Thalia Road 23452 79 0029 Holland Elementary School 80 3340 Holland Road 23452 81 0030 Seatack Elementary School 82 912 S. Birdneck Road 23451 83 0031 Red Mill Elementary School 84 1860 Sandbridge Road 23456 85 0032 Oak Grove Baptist Church 86 691 Princess Anne Road 23457 87 0033 Back Bay Christian Assembly 88 1212 Princess Anne Road 23457 89 0034 Blackwater Fire Station 90 6009 Blackwater Road 23457 91 0035 Kellam High School 92 2665 West Neck Road 23456 93 0036 Red Church Steeple 94 245 S. Rosemont Rd 23452 95 0037 Bayside Baptist Church 96 1920 Pleasure House Road 23455 97 0038 Bayside Presbyterian Church 98 1400 Ewell Road 23455 99 0039 Pembroke Elementary School 100 4622 Jericho Road 23462 101 0040 Union Baptist Church 102 4608 South Boulevard 23452 103 Princess Anne High School 104 '1100 Virginia Bcach Boulevard 23462 105 0041 College Park Elementary School 106 1110 Bennington Road 23464 107 0042 Brandon Middle School 108 1700 Pope Street 23464 109 0043 Salem Middle School 110 2380 Lynnhaven Parkway 23464 111 0044 Centerville Elementary School 112 2201 Centerville Turnpike 23464 113 0045 White Oaks Elementary School 114 960 Windsor Oaks Boulevard 23462 115 0046 Green Run Elementary School 116 1200 Green Garden Circle 23453 117 0047 King's Grant Elementary School 118 612 N Lynnhaven Road 23452 119 0048 WAVE Church 120 1000 N. Great Neck Road 23454 121 0049 John B. Dey Elementary School 122 1900 N. Great Neck Rd. 23454 123 0050 The Gathering at Scott Memorial 124 United Methodist Church 125 409 First Colonial Road 23454 126 0051 Kempsville Area Library 127 832 Kempsville Road 23464 128 0052 Providence Presbyterian Church 129 5497 Providence Road 23464 130 0053 Kempsville Elementary School 131 570 Kempsville Road 23464 132 0054 Landstown High School 133 2001 Concert Drive 23456 134 0055 Virginia Beach Moose Family Center 135 3133 Shipps Corner Road 23453 136 0056 St. Aidan's Episcopal Church 137 3201 Edinburgh Drive 23452 138 0057 St. Matthew Catholic Church 139 3314 Sandra Lane 23464 140 0058 Glenwood Elementary School 141 2213 Round Hill Drive 23464 142 0059 Shelton Park Elementary School 143 1700 Shelton Road 23455 144 0060 WAVE Church 145 2655 Seaboard Road 23456 146 0061 Ebenezer Baptist Church 147 965 Baker Road 23455 148 0062 Restoration Church at Landstown 149 3220 Monet Drive 23453 150 0063 Ocean Lakes High School 151 885 Schumann Drive 23454 152 0064 Rosemont Forest Elementary School 153 1716 Grey Friars Chase 23456 154 0065 Colonial Baptist Church 155 2221 Centerville Turnpike 23464 156 0066 Princess Anne Recreation Center 157 1400 Nimmo Parkway 23456 158 0067 Eastern Shore Chapel 159 2020 Laskin Road 23454 160 0068 Providence Elementary School 161 4968 Providence Road 23464 162 0069 Unity Church of Tidewater 163 5580 Shell Road 23455 164 0070 Corporate Landing Middle School 165 1597 Corporate Landing Parkway 23454 166 0071 Salem High School 167 1993 Sun Devil Drive 23464 168 0072 W. T. Cooke Elementary School 169 1501 Mediterranean Avenue 23451 170 0073 Green Run High School 171 1700 Dahlia Drive 23453 172 0074 Rosemont Elementary School 173 1257 Rosemont Rd. 23453 174 0075 Lynnhaven Colony Congregational Church 175 2217 W. Great Neck Road 23451 176 0076 Thalia Lynn Baptist Church 177 4392 Virginia Beach Boulevard 23462 178 0077 Plaza Annex 179 641 Carriage Hill Rd 23452 180 0078 Indian Lakes Elementary School 181 1240 Homestead Drive 23464 182 0079 Emmanuel Episcopal Church 183 5181 Singleton Way 23462 184 0080 Kingdom Cathedral 185 3820 Stoneshore Road 23452 186 0081 Salem Elementary School 187 3961 Salem Lakes Boulevard 23456 188 0082 Christopher Farms Elementary School 189 2828 Pleasant Acres Drive 23453 190 0083 Strawbridge Elementary School 191 2553 Strawbridge Road 23456 192 0084 Tallwood Elementary School 193 2025 Kempsville Road 23464 194 0085 Three Oaks Elementary School 195 2201 Elson Green Avenue 23456 196 0086 Haygood United Methodist Church 197 4713 Haygood Road 23455 198 0087 New Castle Elementary School 199 4136 Dam Neck Road 23456 200 0088 Hope Haven 201 3000 North Landing Road 23456 202 0089 New Covenant Presbyterian Church 203 1552 Kempsville Road 23464 204 0090 Morning Star Baptist Church 205 4780 First Court Road 23455 206 0091 Larkspur Middle School 207 4696 Princess Anne Road 23462 208 0092 Lynnhaven United Methodist Church 209 1033 Little Neck Road 23452 210 0093 Enoch Baptist Church Family Life Center 211 5685 Herbert Moore Road 23462 212 0094 Plaza Middle School 213 3080 S. Lynnhaven Road 23452 214 0095 Corporate Landing Elementary School 215 1590 Corporate Landing Parkway 23454 216 0096 Freedom Fellowship 217 836 Regency Drive 23454 218 0097 San Lorenzo Spiritual Center 219 4556 Indian River Rd. 23456 220 0098 Windsor Oaks Elementary School 221 3800 Van Buren Drive 23452 222 0099 Parkway Elementary School 223 4180 O'Hare Drive 23456 224 0100 Tabernacle United Methodist Church 225 1265 Sandbridge Rd. 23456 226 0101 Luxford Elementary School 227 4808 Haygood Road 23455 228 0102 Diamond Springs Elementary School 229 5225 Learning Circle 23462 230 0103 Kempsville Meadows Elementary School 231 736 Edwin Drive 23462 232 0104 Woodstock Elementary School 233 6016 Providence Road 23464 234 0105 Pembroke Meadows Elementary School 235 820 Cathedral Drive 23455 236 0106 Thalia United Methodist Church 237 4321 Virginia Beach Boulevard 23452 238 0107 Linkhorn Park Elementary School 239 977 First Colonial Road 23454 240 0108 The Gala 417 241 2105 W. Great Neck Road 23451 242 Central Absentee Voter Agriculture/Voter Registrar Building 243 Precinct 244 245 , 246 247 , whiGh 248 249 250 election. 251 252 2. The City Council hereby requests the State Board of Elections provide a waiver to 253 administer a split precinct for Precinct 0069, which contains Senate Districts 20 254 and 22 and House Districts 95 and 100. 255 256 3. The Voter Registrar and the City Attorney are hereby directed to seek a 257 certification of no objection from the Office of the Attorney General using the 258 preclearance procedure provided by Virginia Code § 24.2-129(D) for the precinct 259 change authorized herein. The precinct change shall not be administered unless 260 and until the Attorney General has provided such certification or if 60 days lapses 261 without the Attorney General interposing an objection Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of . 2023. APPROVED AS TO CQTENT: APPROVED AS TO LEGAL SUFFICIENCY: / - 'kw Voter Registrar `J A orn 's Office CA16024 R-1 January 26, 2023 040 — Union Baptist Church located at 4608 South Boulevard, 23452. ,� Ch �Rd 0Z_ �00 Q © . 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Ba,00m suodr yore p fE Union Baptist Church is currently the emergency polling location for 040. Union Baptist Church is about .16 miles from the precinct's border. The old location, Princess Anne High School is about .5 miles from precinct's border. The church is about .25 miles from a public bus stop. [ 0.P.‘f. . r11-A,4%`SiIi r! r ♦.o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt a City Council Policy Pertaining to City Council Agendas MEETING DATE: February 7, 2023 • Background: During the City Council Retreat on January 25, 2023, the City Council discussed the need for a policy to provide guidance regarding how ordinances, resolutions, proclamations, briefings, and other agenda items may be placed on the agendas for formal or informal City Council meetings. The City Attorney's Office prepared the attached policy, which also addresses the procedures whereby a member of the Council may request the drafting of an ordinance or resolution. • Considerations: City Code § 2-57 addresses the City Clerk's preparation of the City Council agenda and add-on agenda items. Those requirements are summarized in the second part of the attached policy. • Public Information: This item will be advertised in the same manner as other agenda items. • Attachments: Ordinance, Policy. REQUESTED BY THE CITY COUNCIL REQUESTED BY THE CITY COUNCIL 1 AN ORDINANCE APPROVING AND 2 ADOPTING A POLICY PERTAINING TO CITY 3 COUNCIL AGENDAS 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the City Council hereby approves and adopts the policy entitled "City Council 9 Agendas," dated January 31, 2023, which policy has been exhibited to the City Council, 10 and a true copy of which is on file in the City Clerk's Office. 11 12 Adopted by the City Council of Virginia Beach, Virginia on this day of 13 , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16029 R-1 January 27, 2023 Gt1.11 A.BC fib , i (4t ikw - V CityOUn 1 O 1C Title: City Council Agendas Date of Adoption: Date of Revision:N/A Page 1 of 1 1.0 Purpose and Need The purpose of this policy is to provide guidance regarding how ordinances, resolutions, proclamations, briefings, and other agenda items may be placed on the agendas for formal or informal City Council meetings. The policy also addresses the procedures whereby a member of the Council may request the drafting of an ordinance or resolution. 2.0 City Code Requirements City Code § 2-57 provides that the City Clerk shall keep a docket (commonly referred to as the agenda) of the business to come before the regular meetings of the Council. Pursuant to that section, the Clerk's docket shall be closed at 5 p.m. on Wednesday of the week preceding each meeting. City Code § 2-57 also addresses add-on agenda items: "In the case of a bona fide emergency, there may be an add-on agenda item for any ordinance or resolution that pertains to that emergency, sponsored by a member of council, that could not be placed on the agenda prior to the closing of the clerk's docket. Such ordinance or resolution may only be considered upon an affirmative two-thirds vote of the council." City Code § 2-57 3.0 Policy Ordinances, resolutions, proclamations, briefings and other agenda items may be placed on the agenda, subject to the timing requirements outlined above, by the mayor, any three (3) members of the Council, or the city manager. The City Attorney may draft a resolution or ordinance at the request and direction of any member of the City Council in accordance with the provisions of this policy. Any request by a member or members of the City Council for the drafting of a resolution or ordinance by the City Attorney shall be made in writing and a copy of the request shall be provided to all members of the City Council before drafting of the item may begin. Once the requested draft is complete, it shall be provided to the requesting member or members who may then determine whether to distribute the resolution or ordinance to the rest of the Council and whether to seek to have the item placed on the Council's agenda in accordance with the provisions of this policy.A draft of a resolution or ordinance prepared by the City Attorney shall be confidential and subject to the attorney-client privilege until disseminated to the entire Council or placed upon the agenda for formal consideration. Notwithstanding the foregoing, the City Attorney shall provide a copy of any draft resolution or ordinance to any councilmember upon that councilmember's request. r`�G�NA�6£1�, t'C, -,w f>_ CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate $223,801 of Fund Balance from the General Fund and to Authorize 5.93 Positions in the Department of Parks and Recreation MEETING DATE: February 7, 2023 • Background: In March 2022, the Mayors Youth Violence Prevention Task Force was created as part of a regional effort to address the increase in violence perpetrated by and against youth. For the past nine months, leadership from various City departments, partnering agencies, and community organizations have reviewed current resources, programs, causes, and solutions to address the issue. The Department of Parks and Recreation researched successful, data driven, preventative recreational and social programs whose primary goal is the reduction of youth violence and crime. One such program, Summer Night Lights, offered by the Los Angeles Recreation and Parks Department, is a long-running effort with sustained, measurable results. The program has grown and now runs currently at over 40 parks, multiple nights per week, throughout the summer. After extensive research and an on-site visit to meet with key staff and observe the program in action, the Department of Parks and Recreation has developed a proposal for an adapted pilot program. Similar to Los Angeles, the Virginia Beach pilot program is aimed at strengthening community ties and serving as a diversion from criminal activities for youth. Using data provided by the Police Department, Parks and Recreation, and VB City Public Schools, performance indicators will measure the increased participation of youth within corresponding geographic areas in preventative and proactive peacekeeping activities. The number of violent incidents by type within the designated age group will also be measured. The following resources will be required to begin a pilot program in summer 2023 at Williams Farm Park in the Western Bayside part of the City. Additional sites have been identified for possible future expansion of the program. In order to staff the program, the Department of Parks and Recreation is requesting the authorization of 5.93 positions (FTEs). Each of these positions and their annual cost is displayed below. 4 New Full Time positions Fund Cost Recreation Supervisor(1) General Fund $76,970 Recreation Specialist II (1) General Fund $67,432 Recreation Specialist I (1) General Fund $59,192 Admin. Assistant (1) General Fund $52,074 New Part Time Positions/Summer Only Job Coach (1) — 0.2 FTE General Fund $7,686 Youth Workers (10) — 1.73 FTE General Fund $58,131 As the positions are only to be authorized for a portion of the fiscal year, only partial funding is required for FY 2022-23. Parks and Recreation is estimating a total need of $110,278 for staff salaries for the current fiscal year as well as $113,523 in operating costs. The funding source for this total $223,801 request is fund balance of the General Fund. If approved by the City Council, these FTEs and their annualized operating costs (estimated to be $610,845) will be included in the City Manager's Proposed FY 2023-24 Operating Budget. ■ Considerations: The pilot program is proposed to run three nights per week (Thursdays, Fridays and Saturdays) from 7 p.m. — 11 p.m., beginning June 8 and running for 12 weeks through August 26, 2023, with the exception of the week of July 4th. In order to offer this pilot program in the summer of 2023, new full-time positions must be created, advertised, hired, and on-boarded by March 31. These staff must then plan the 12-week summer program; order supplies; coordinate with Police, other City departments, and various contractors; and hire and train the part-time summer staff over the following 60 days. • Public Information: Normal Council Agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Requested by Mayor Dyer and Vice Mayor Wilson REQUESTED BY MAYOR DYER AND VICE MAYOR WILSON 1 AN ORDINANCE TO APPROPRIATE $223,801 OF FUND 2 BALANCE FROM THE GENERAL FUND AND TO 3 AUTHORIZE 5.93 POSITIONS IN THE DEPARTMENT OF 4 PARKS AND RECREATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $223,801 of fund balance of the General Fund is hereby appropriated to the FY 10 2022-23 Operating Budget of the Department of Parks and Recreation. 11 12 2) 5.93 FTEs are hereby established within the General Fund Operating Budget 13 of Parks and Recreation for the "Parks After Dark" pilot program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: ' , Attorney's Office CA16018 R-2 February 2, 2023 4� YJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-6 of the City Code Pertaining to the Resort Advisory Commission MEETING DATE: February 7, 2023 • Background: City Code § 2-6 sets forth the membership of the Resort Advisory Commission (RAC), and it provides that the RAC's membership shall include representatives of several organizations, including the Virginia Beach Hotel Association and the Virginia Beach Restaurant Association. The City Council established the ViBe Creative District ("the ViBe") in 2015 as an arts and cultural district and technology zone. The ViBE serves as a vibrant center for arts, culture, and technology, and it supports artists and creative businesses by fostering creativity where artisans live and work. Since its establishment, the ViBe has provided a sense of discovery for visitors and residents, enhanced the quality of life for residents, and stimulated economic development. Adding a ViBe representative as a voting member of the RAC would be beneficial to the RAC and to the City. • Considerations: This ordinance would increase the membership of the RAC to include a representative of the ViBe. • Public Information: This item will be advertised in the same manner as other agenda items. • Attachments: Ordinance Requested by Vice Mayor Wilson and Councilmembers Remick and Taylor REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS REMICK AND TAYLOR 1 AN ORDINANCE TO AMEND SECTION 2-6 2 OF THE CITY CODE PERTAINING TO THE 3 RESORT ADVISORY COMMISSION 4 5 SECTION AMENDED: § 2-6 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-6 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-6. - Resort advisory commission. 14 15 (a) There is hereby created the resort advisory commission. The members of the 16 commission shall be appointed by the city council to serve terms of three (3) years. A 17 chair and a vice-chair shall be elected from the commission by its members. All 18 members shall be residents of the city. 19 20 (b) The governance and administration of the commission shall be in accordance 21 with its bylaws, incorporated by reference herein, which bylaws shall not be amended 22 without the prior approval of city council. 23 24 (c) The commission shall consist of at least eleven (11), but not more than 25 nineteen (19) twenty (20), members. In selecting members of the commission, the city 26 council shall appoint at least one (1) representative from each of the following 27 organizations: Virginia Beach Hotel Association, Virginia Beach Restaurant Association, 28 ViBe Creative District, and Virginia Beach Division of the Hampton Roads Chamber of 29 Commerce. The commission shall also include a resort retailer. The city council shall 30 also appoint to the commission at least three (3) design professionals having expertise 31 in the fields of architecture, urban design, land use planning, landscape architecture, 32 transportation planning, or other design fields relevant to the purposes for which the 33 commission was created. 34 35 In the event of a conflict between the provisions of this subsection and any other 36 ordinance or bylaw, the provisions of this subsection shall control. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: 'o-d-et/tod City Attorney's Office CA16031 R-2 January 30, 2023 J�I,. 07fil L� CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Adopt an Updated City Council Policy for Management of Tax-Supported Debt MEETING DATE: February 7, 2023 • Background: The City is undertaking a historic amount of capital investment for City projects. The City's Financial Advisor, Davenport & Company, LLC, has been working alongside City personnel over the preceding months to review the City's overall financing strategies, plans and policies, with specific focus on tax-supported debt (i.e., Charter Bonds, Public Facility Revenue Bonds, and Referendum-Authorized Flood Mitigation Bonds) and the resulting effect on the City's credit standing and debt capacity. The City's Financial Advisor has recommended some changes to responsibly modernize the City's debt policies for the Council's consideration. The City in 1992 established a debt policy based on four major debt indicators in order to maintain best-practice' financial management and minimize the overall debt burden. Only two of the debt metrics have been updated since the initial policy was adopted: Debt Service to General Government Expenditures was modified in 2006, and Net Debt per Capita was modified in 2016. The three national Credit Rating Agencies periodically review and update the criteria they use to rate local governments. Two of the current debt indicators are no longer used by the Rating Agencies: Net Debt per Capita and Net Debt to Per Capital Income. • Considerations: The City's Financial Advisor recommends that the City update and enhance its existing debt-related financial policy to bring it in line with current national credit rating practices. Specifically, the City should consider removing Net Debt per Capita and Net Debt to Per Capita Income. The City should consider adding a ratio for Fixed Costs to General Government Expenditures and Ten-Year Payout metric. The Rating Agencies place an increasing amount of emphasis on total liabilities (i.e. fixed costs of a local government). As such, they incorporate long-term debt, leases, annual pension costs and other OPEB ("Other Post-Employment Benefits") costs in their review of a local government's credit rating. The Fixed Cost policy addresses this broad focus on fixed costs of a local government. The Rating Agencies continue to place a heavy emphasis on Net Debt vs Assessed Value and Debt Service vs. Government Expenditures and thus these policies are recommended to remain in place with the Debt Service vs. Government Expenditures remaining unchanged and the Debt to Assessed Value limitation lowered. Finally, the addition of a Ten-Year Payout ratio ensures that the principal amount of tax- supported debt is paid down in a responsible manner. Based on upon the advice of the City's Financial Advisor and future City Council priorities, it is recommended that the City consider amending its Debt Polices to coincide with the most recent "best -practices" of the Rating Agencies. Adoption of this resolution would provide capacity to shoulder additional debt, while maintaining "best-practices' debt management. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; City Council Policy (clean and redlined) Recommended Action: Approval Submitting Department/Agency: Finance City Manager: 1 A RESOLUTION TO ADOPT AN UPDATED CITY 2 COUNCIL POLICY FOR MANAGEMENT OF TAX- 3 SUPPORTED DEBT 4 5 WHEREAS, to help manage long-term obligations, it is desirable to have a policy 6 with guidelines and restrictions that affect the amount of tax-supported debt issued; 7 8 WHEREAS, the City Council has received two presentations discussing updates 9 to the City's tax-supported debt policy and recommendations to update the current 10 policy to align with current best practices; 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That the City Council hereby adopts the attached "Policy for Management of Tax- 16 Supported Debt," attached hereto as Exhibit A, and authorizes the Mayor to sign the 17 Policy on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: inance Department 1 or y Office CA16028 R-1 January 27, 2023 Exhibit A 'BFAc City Council o is 0.4 4.* OF OUR Title: Policy for Management of Tax-Supported Debt Index Number: Date of Revision: 2/_/2023 Page: 1 of 2 1.0 Purpose Debt levels and their related annual costs are important long-term obligations that must be managed with available resources. To help manage debt, it is important to have a policy with guidelines and restrictions that control the amount and type of debt issued. A debt management policy improves the quality of decisions, provides justification for the structure of debt issuance, identifies policy goals, and demonstrates a commitment to long-term financial planning, including a multi-year capital improvement plan. Adherence to a debt management policy signals to rating agencies and the capital markets that a municipality is well managed and should meet its fiscal_obligations in a timely manner. Throughout its history, the City of Virginia Beach has issued debt judiciously through administrative debt policy guidelines, which has resulted in its current triple-A bond rating. It is important to affirmatively adopt these administrative guidelines. While a good debt management policy includes many aspects, the financial condition of a local government can be evaluated by looking at the condition of four debt indicators. The purpose of this policy is to amend the City's Financial Policies to reflect the most current credit rating criteria and "best-practices" set by the three National Credit Rating Agencies (Moody's, Fitch and S&P).: and request City Council to approve such amendments to the debt indicators as the City's debt management policy. 2.0 Definitions As used in this Policy, the term "tax-supported debt" refers to debt obligations of the City other than the Agriculture Reserve Program and the revenue bonds associated with the City's enterprise utility systems, namely the bonds associated with Storm Water and Water and Sewer. However, the debt service calculation does include the annual interest payments on Agricultural Reserve Program Installment Contracts. The four major debt indicators to be used to evaluate the City's financial condition are defined below. 2.1 Ratio of General Government Debt Service to General Government Expenditures—This indicator measures the percentage of the general operating expenditures, which must be used for debt service (i.e., principal and interest payments on existing debt). Increasing debt service reduces expenditure flexibility by adding to the City's debt-related obligations. 2.2 Ratio of General Government Debt to Assessed Value of Real Property-This indicator measures the amount of tax-supported general obligation debt as a percentage of the City's assessed valuation of real property, using the land book. An increase in this indicator can mean that the City's ability to repay the debt is diminishing. Or, it could mean that the City has intentionally increased its debt burden. A diminished ability to repay debt may result in difficulty in obtaining additional capital funds, a higher interest rate when borrowing, or difficulty in repaying existing debt. A reasonable level of debt burden is expected in order to meet the needs of a well- managed city. (Note: The Virginia State Constitution Art VII, § 10(A)and State Code § 15.2-2634 places a legal limit of 10%for general obligation debt.) 2.3 (New): Fixed Costs to General Government Expenditures — This indicator measures the percentage of tax supported debt plus annual pension and OPEB(Other Post-Employment Benefits)costs 2.4 (New): 10-Year Payout Ratio — This indicator measures the amount of tax-supported principal repaid over the following ten fiscal years via a ratio that divides the amount of tax-supported principal repaid over the following ten fiscal years divided by total tax support principle outstanding. 3.0 Policy on Debt Indicators The target amount for debt indicators should be guided by the City's ability to pay, as well as a comparison with other cities of similar size and similar financial condition, such as those with similar bond ratings. Given those factors,the recommended guidelines and limits on debt indicators for the City of Virginia Beach are stated below. 3.1 The Ratio of General Government Debt Service to the General Government Expenditures may not exceed 10%. 3.2 The Ratio of General Government Debt to Assessed Value of Real Property may not exceed 3.0% 3.3 (New): The Ratio of Fixed Costs to General Government Expenditures may not exceed 20%. 3.4(New): The Ratio of Ten-Year Payout shall remain above 50%. 3.5 The status of each indicator shall be reported in the Operating Budget each year and shall reflect the impact of the Capital Improvement Program. 4.0 Revision to Policy 4.1 This policy shall be reviewed, and revised as appropriate or necessary, but not less than once every three years. IL — Approved as to Content: ' r7 � 3 �z3 Director of Finance Da e Approved as to Legal )2ozz Sufficiency: r\AAA City Attorney Date Reviewed By: k •/ 7/ 24. 77, City Manager Date APPROVED BY CITY COUNCIL: Mayor Date L 164;0,.:....:w.,k„,..,. .„., ,P ZI3t,,s. ,_.,.., _,: .. ,). •,'.0\-7,•-.j -L- Iii P,r u City Policy . -om S, i 0 S OF OUR^M�t`�NS Title: Policy for Management of Tax-Supported Debt Index Number: Date of RevisionAdoption: 21 /2023 Date of Revision: / / Page: 1.0 Purpose Debt levels and their related annual costs are important long-term obligations that must be managed with available resources. To help manage debt, it is important to have a policy with guidelines and restrictions that control the amount and type of debt issued. A debt management policy improves the quality of decisions, provides justification for the structure of debt issuance, identifies policy goals, and demonstrates a commitment to long-term financial planning, including a multi-year capital improvement plan. Adherence to a debt management policy signals to rating agencies and the capital markets that a municipality is well managed and should meet its fiscal_obligations in a timely manner. Throughout its history, the City of Virginia Beach has issued debt judiciously through administrative debt policy guidelines, which has resulted in its current triple-A bond rating. It is important to affirmatively adopt these administrative guidelines. While a good debt management policy includes many aspects, the financial condition of a local government can be evaluated by looking at the condition of four debt indicators. The purpose of this policy is to revise and define the four major amend the City's Financial Policies to reflect the most current credit rating criteria and "best-practices":set by the three National Credit Rating Agencies (Moody's, Fitch and S&P).debt indicators:-and_-request City Council to approve such amendments to the debt indicators as the City's debt management policy. 2.0 Definitions As used in this Policy, the term "tax-supported debt" refers to debt obligations of the City other than the Agriculture Reserve Program and the revenue bonds associated with the City's enterprise utility systems, namely the bonds associated with Storm Water and Water and Sewer. However, the debt service calculation does include the annual interest payments on Agricultural Reserve Program Installment Contracts. The four major debt indicators to be used to evaluate the City's financial condition are defined below. 2.1 Ratio of General Government Debt service to General Government Expenditures—This indicator measures the percentage of the general operating expenditures, which must be used for debt service (i.e., principal and interest payments on existing debt). Increasing debt service reduces expenditure flexibility by adding to the City's debt-related obligations. 2.2 General Government Net Debt Per Capita This indicator measures the amount of tax supported general obligation debt attributable to each City resident. As the City's population increases, capital needs and long term debt can logically be expected to increase as well. 2.3 Ratio of Per Capita Debt to Per Capita Income This indicator measures the tax supported general obligation t on its residents. 2.24 Ratio of General Government Debt to Assessed Value of Real Property-This indicator measures the amount of tax-supported general obligation debt as a percentage of the City's assessed valuation of real property, using the land book. An increase in this indicator can mean that the City's ability to repay the debt is diminishing. Or, it could mean that the City has intentionally increased its debt burden. A diminished ability to repay debt may result in difficulty in obtaining additional capital funds, a higher interest rate when borrowing, or difficulty in repaying existing debt. A reasonable level of debt burden is expected in order to meet the needs of a well- managed city. (Note: The Virginia State Constitution Art VII, § 10(A) and State Code § 15.2-2634 places a legal limit of 10%for general obligation debt.) 2.3 (New): Fixed Costs to General Government Expenditures — This indicator measures the percentage of tax supported debt plus annual pension and OPEB(Other Post-Employment Benefits)costs 2.4 (New): 10-Year Payout Ratio — This indicator measures the amount of tax-supported principal repaid over the nextfollowing ten fiscal years via a ratio that divides the amount of tax-supported principal repaid over the following ten fiscal years divided by total tax support principle outstanding. 3.0 Policy on Debt Indicators The target amount for debt indicators should be guided by the City's ability to pay, as well as a comparison with other cities of similar size and similar financial condition, such as those with similar bond ratings. Given those factors,the recommended guidelines and limits on debt indicators for the City of Virginia Beach are stated below. 3.1 The Ratio of General Government Debt Service to the General Government Expenditures may not exceed 10%. 3.2 The General Government Net Debt Per Capita may not exceed $3,000 $2,800. At no point shall this indicator rated cities with a population 3.3 The Ratio of Per Capita Debt to Per Capita Income may not exceed 6.5%. 3.24 The Ratio of General Government Debt to Assessed Value of Real Property may not exceed 3.53.0% 3.3 (New): The Ratio of Fixed Costs to General Government Expenditures may not exceed 20%. 3_4�Ne): The Ratio of Ten-Year Payout shall remain above 50%. 3.5 The status of each indicator shall be reported in the Operating Budget each year and shall reflect the impact of the Capital Improvement Program. 4.0 Revision to Policy 4.1 This policy shall be reviewed, and revised as appropriate or necessary, but not less than once every three years. Approved as to Content: Director of Budget and-M-a-nagemen-t Date ServicesFinance Approved as to Legal Sufficiency: City Attorney Date Reviewed By: City Manager Date APPROVED BY CITY COUNCIL: Mayor Date cr^l\t1Ur1 co."C ,�yi•'uis,'.; 4.r---7 '. ItY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Regarding the Membership of the Parks and Recreation Commission MEETING DATE: February 7, 2023 • Background: The membership of the Parks and Recreation Commission currently includes one member appointed from the residents of each of the City's "seven election districts." The City's election districts have changed, which necessitates a revision to the Parks and Recreation Commission membership. • Considerations: This ordinance revises the Parks and Recreation Commission's composition by providing that membership shall include "one member from each of the City's election districts." • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance. Recommended Action: Approval Submitting Department: City Clerk City Manager: 1 AN ORDINANCE REGARDING THE MEMBERSHIP OF THE 2 PARKS AND RECREATION COMMISSION 3 4 WHEREAS, the membership of the Parks and Recreation Commission currently 5 includes one member appointed from the residents of each of the City's "seven election 6 districts"; and 7 8 WHEREAS, the City's election districts have changed, which necessitates a 9 revision to the Parks and Recreation Commission membership. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 14 That the Parks and Recreation Commission shall be comprised of thirteen 15 members: one member from each of the City's election districts; two high school members 16 who reside in the City and attend different schools; and the remaining members appointed 17 from the residents of the City at large. The student members shall be appointed as high 18 school juniors to two-year terms. All other appointments shall be for three-year terms 19 (unless a new member is appointed to fill the unexpired term of a former member). Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16020 R-2 January 27, 2023 � - >(47) (�'kh.........)� i J .J ej a�,iwiJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-396 Regarding the Membership of the Planning Commission MEETING DATE: February 7, 2023 • Background: City Code § 2-396 currently provides that the membership of the Planning Commission shall include one member appointed from the residents of each of the City's "seven (7) residence districts." The City's election districts have changed, which necessitates a revision to this Code section and the Commission's composition. • Considerations: The ordinance revises the Planning Commission's composition by providing that membership shall include one member appointed from "each of the election districts of the city." • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance. Recommended Action: Approval Submitting Department: City Clerk. )7/6 City Manager: 1 AN ORDINANCE TO AMEND SECTION 2-396 OF THE 2 CITY CODE PERTAINING TO THE MEMBERSHIP OF 3 THE PLANNING COMMISSION 4 5 SECTION AMENDED: § 2-396 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 2-396 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-396. Composition; organization; appointment and qualifications of 14 members. 15 16 The planning commission of the city shall consist of eleven (11) members. One 17 member shall be appointed from among the residents of each of the seven (7) residence 18 election districts of the city, and the remaining member or members shall be appointed 19 from the residents of the City at large. and the four (4) additional members cha4--bo 20 , 21 22 Borough. The commission shall be organized as provided by general law. All members 23 of the commission shall be appointed by the council and shall be residents of the city, 24 qualified by knowledge and experience to make decisions on questions on community 25 growth and development; provided that at least six (6) of the members so appointed shall 26 be owners of real property located in the city. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attor Office CA15970 R-5 February 1, 2023 ft; tJ is CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 6-162 of the City Code Pertaining to the Membership of the Beaches and Waterways Commission MEETING DATE: February 7, 2023 • Background: City Code § 6-162 provides that the membership of the Beaches and Waterways Commission shall include one member appointed from the residents of each of the City's "seven (7) election districts." The City's election districts have changed, which necessitates a revision to the Commission's membership. • Considerations: This ordinance revises the Commission's composition by providing that membership shall include "one member . . . from each of the election districts of the city." • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance. Recommended Action: Approval Submitting Department: City Clerk ji(Q City Manager: 1 AN ORDINANCE TO AMEND SECTION 6-162 OF THE 2 CITY CODE PERTAINING TO THE MEMBERSHIP OF 3 THE BEACHES AND WATERWAYS COMMISSION 4 5 SECTION AMENDED: § 6-162 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 6-162 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 6-162. Composition; terms of members. 14 15 The commission shall be comprised of eleven (11) members, with one member 16 being appointed by city council from the residents of each of the city's seven (7) election 17 , 18 election districts of the city, with the remaining member or members appointed 19 from the residents of the City at large. Members shall be appointed for terms of three (3) 20 years. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attor Office CA15971 R-4 February 1, 2023 tra..T.„:771- per CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: A Resolution Regarding the Membership of the City's Transition Area/Interfacility Traffic Area Citizens' Advisory Committee MEETING DATE: February 7, 2023 • Background: The membership of the City's Transition Area/Interfacility Traffic Area Citizens' Advisory Committee currently includes, as ex officio members, the City Councilmember and the Planning Commission member who represent the Princess Anne District. The City's election districts have changed, which necessitates a revision to the Committee's membership. • Considerations: This resolution revises the committee's composition by providing that membership shall include as ex officio members the Councilmember and Planning Commission member who represent Election District 2. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution. Recommended Action: Approval Submitting Department: City Clerk City Manager: 1 A RESOLUTION REGARDING THE MEMBERSHIP OF 2 THE CITY'S TRANSITION AREA/INTERFACILITY TRAFFIC 3 AREA CITIZENS' ADVISORY COMMITTEE 4 5 WHEREAS, in 2013, the City Council by resolution established the City's 6 Transition Area/Interfacility Traffic Area Citizens' Advisory Committee (TA/ITA) to serve 7 as a liaison between the residents and businesses of the Transition Area and ITA and 8 the City Council; 9 10 WHEREAS, the 2018 resolution established that the TA/ITA shall be comprised 11 of twelve (12) persons, of whom two (2) shall be ex officio members appointed by virtue 12 of their office as the City Councilmember and Planning Commission member, 13 respectively, representing the Princess Anne District; one (1) shall be a representative 14 the Virginia Beach Development Authority; and the remaining members shall be 15 appointed from among the residents or business owners of the City who have an 16 interest in land use and related issues pertaining to the Transition Area and ITA; and 17 18 WHEREAS, the City's election districts have changed, which necessitates a 19 revision to the TA/ITA membership. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRIGNIA BEACH, VIRGINIA: 23 24 That the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee 25 shall be comprised of twelve (12) persons, of whom two (2) shall be ex officio members 26 appointed by virtue of their office as the City Councilmember and Planning Commission 27 member, respectively, representing Election District 2; one (1) shall be a representative 28 the Virginia Beach Development Authority; and the remaining members shall be 29 appointed from among the residents or business owners of the City who have an 30 interest in land use and related issues pertaining to the Transition Area and ITA. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 33 , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorne ' Office CA15973 R-4 February 1, 2023 rKL1 f,�;• rJ r c. S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Amend the Membership of the Bayfront Advisory Commission MEETING DATE: February 7, 2023 • Background: The membership of the Bayfront Advisory Commission currently includes as ex officio members the Planning Commission members and the City Council members from the Bayside and Lynnhaven Districts. The City's election districts have changed, which necessitates a revision to the Commission's membership. • Considerations: This resolution revises the Commission's composition by providing that ex officio members shall be from the 8th and 9th Election Districts. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution. Recommended Action: Approval Submitting Department: City Clerk City Manager: 1 A RESOLUTION TO AMEND THE MEMBERSHIP 2 OF THE BAYFRONT ADVISORY COMMISSION 3 4 WHEREAS, the membership of the Bayfront Advisory Commission (BAC) 5 currently includes as ex-officio members the Planning Commission members and the 6 City Council members from the Bayside and Lynnhaven Districts; and 7 8 WHEREAS, the City's election districts have changed, which necessitates a 9 revision to the BAC's membership; 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the membership of the Bayfront Advisory Commission shall include ten (10) 15 citizens of the Bayfront area and six (6) ex-officio members: the Planning Commission 16 members and the City Council members from the 8th and 9th Election Districts, the 17 Commander of Joint Expeditionary Base Little Creek-Fort Story, and the Park Manager 18 of First Landing State Park. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 21 , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15972 R-4 February 2, 2023 J�,u se,� 'r�••yG.p (,),, gl ', �'i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City-owned property located at the rear of 845 Romney Lane MEETING DATE: February 7, 2023 • Background: Paulletha Mullen (the "Applicant") has requested permission to maintain two (2) existing shrubs and to construct and maintain a 6' tall vinyl fence (collectively, the "Temporary Encroachments") into a 20' x 75' (1,500 sq. ft.) portion of a City- owned property, which was dedicated to the City for drainage and public use (GPIN:1478-22-5591), located at the rear of her property at 845 Romney Lane (GPIN: 1478-22-7571). • Considerations: City staff reviewed the Temporary Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into the City-owned property, which is where the Applicant has requested to encroach. • 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: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate ; ) City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF 5 CITY-OWNED PROPERTY LOCATED AT THE 6 REAR OF 845 ROMNEY LANE 7 8 WHEREAS, Paulletha Mullen (the "Applicant") has requested permission to 9 maintain two (2) existing shrubs and construct and maintain a 6' vinyl fence (collectively, 10 the "Temporary Encroachments") into a 20' x 75' (1,500 sq. ft.) portion of City-owned 11 property, which was dedicated to the City for drainage and public use (GPIN: 1478-22- 12 5591), located at the rear of the Applicant's property at 845 Romney Lane(GPIN: 1478-22- 13 7571); and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, her heirs, assigns 24 and successors in title are authorized to construct and maintain the Temporary 25 Encroachments within the City's property as shown on the map entitled: "EXHIBIT A 26 PHYSICAL SURVEY AND ENCROACHMENT SURVEY OF LOT 13, BLOCK 14 27 SUBDIVISION OF ARAGONA VILLAGE, SECTION—8(M.B. 46, P. 32)VIRGINIA BEACH, 28 VIRGINIA FOR PAULLETHA MULLEN," Scale: 1" = 25', dated June 14, 2022 and revised 29 through October 25, 2022, prepared by Rouse-Sirine Associates, Ltd., a copy of which is 30 attached hereto as Exhibit "A", and on file in the Department of Public Works and to which 31 reference is made for a more particular description; 32 33 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 34 expressly subject to those terms, conditions and criteria contained in the agreement 35 between the City of Virginia Beach and Paulletha Mullen (the"Agreement"), an unexecuted 36 copy of which has been presented to the Council in its agenda, and will be recorded among 37 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as Paulletha Mullen and the City Manager or his authorized designee execute 44 the Agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: r, P BL C WO K , REAL ESTATE 6N'D A N £ ". H MEY R SENT i, " CI ATTORNEY CA15791 R-1 Prepared: 12/15/2022 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d023\p042\00847737.doc THIS SURVEY IS BASED ON A PLAT RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,VIRGINIA IN MAP BOOK 46,PAGE 32. THIS IS TO CERTIFY THAT I,ON JUNE 14.2022 SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY,EXCEPT AS SHOWN. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY OR MAY NOT SHOW ALL MATTERS OF TITLE AFFECTING PROPERTY SHOWN HEREON. PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED)(AREAS DETERMINED TO BE OUTSIDE THE 0.2%ANNUAL CHANCE FLOODPLAIN) AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH,VIRGINIA,MAP NUMBER 5155310082G. DATED JANUARY 16,2015 THIS SURVEY DOES NOT CONSTITUTE A SUBDIVISION OF LAND. \-.4„<cst, LEGEND • PIN(F) PIN FOUND DEDICATED TO CITY OF VIRGINIA BEACH 1 0 HVAC CONC. CON IN AIR CONDITIONING UNIT RETE FOR DRAINAGE AND PUBLIC USE y`so PROPOSED FENCE ALONG f�--�(—!t FENCE PROPERTY OF CITY OF VIRGINIA BEACH ENCROACHMENT LINE G"Pc (D.8.574,P.178) ,• •. (GPIN 1478-22-5591) P �� ,-x--( N45 42' 4X1N x7 �A 0 SHRUB FENCE \ `3 0,7 O - SHRUB AREA OF ENCROACHMENT xo ON LINE / o (1500 SQ FT.) Ip (V PIN(F)ir N45°42'34'W 75.00' 1PIN(F) —FENCE 021- — PROPERTY OF �w ON LINE x PAULLETHA MULLEN AND z x CHARLES MULLEN JR.(DECEASED) 4Y ui (D.B.2363,P.654) z 14 (GPIN 1478-22-7571) ,� ?z 12 Lux 13 �� 61 N J= I _:c_ � x:. -•A-:_ =,_ .:�: O J Z CL W CZ w CC c0 co v n'Q.� r j :rT J'r�; `- +%''_ „ �' t°v Fir M Q v w o I 9.4' S5.0' W D is t. Q' } I.L O u,n ,—I Q `. ^.'. I MQ't0 OS 7 ,�Z R = ONE AND i STORY � :: x ti co co Q W W O w m z --X i ❑N FRAME N...�.-. W m z J O W0� #845 =:; " 3cwo� _ O �x ';i-': r O>> O Z cv I `10.1' ° Z Q m 1 1 �i Lx,�9.9' S5.0 " r II *.H.-1> :::j° toy PINT) S45°42'34"E 75.00' PIN(F) 792.08' J ROMNEY LANE (50'PUBLIC RIGHT-OF-WAY) EXHIBIT A PHYSICAL SURVEY AND ENCROACHMENT SURVEY ;, LTH Oj OF o- Lf LOT 13, BLOCK 14 10-25-2022 ��,;, SUBDIVISION OF 0 06-14-2022 . ARAGONA VILLAGE SECTION - 8 U JEFFREY D. WILUAMS > (M.B.46.P.32) Lic. No. 2 VIRGINIA BEACH,VIRGINIA E Re-y D WI LLIA FOR - <I- PAULLETHA MULLEN 1�D SU RV -y0 SCALE: 1"=25' JUNE 14,2022 , - REVISED:OCTOBER 25,2022 ROUSE—SIE_INE ASSOCIATES, LTD. LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS'B-D" 11 www.rouse-sirine.com Ab333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD - e. VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 ' TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 FAX:(757)499-9136 TEL.(757)903-4695 0 25 50 751FEET GRAPHIC SCALE JESA PS 166,P.11 F.B.862,P. 14 J.O.#13800-22-241 ACAD:ARAGONA VILLAGE SEC 8 BLK 14 LOT 13.dwg F.B.867,P. 16 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 10?T-1 day of dAIIJ 14'1 V , 20a 3, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PAULLETHA MULLEN, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "13" as shown on that certain plat entitled: "SUBDIVISION OF ARAGONA VILLAGE SECTION — 8 KEMPSVILLE MAG. DIST., PRINCESS ANNE CO., VA.," Scale: 1" = 100', dated January, 1959, 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 46, at page 32, and being further designated, known, and described as 845 Romney Lane, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to maintain two (2) existing shrubs and construct and maintain a 6' (tall) vinyl fence, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a City-owned GPIN: 1478-22-5591 (CITY PROPERTY) GPIN: 1478-22-7571 (845 ROMNEY LANE) Property located at the rear of 845 Romney Lane (GPIN: 1478-22-7571), which was dedicated to the City for drainage and public use easement, the Temporary "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 PHYSICAL SURVEY AND ENCROACHMENT SURVEY OF LOT 13, BLOCK 14 SUBDIVISION OF ARAGONA VILLAGE, SECTION — 8 (M.B. 46, P. 32) VIRGINIA BEACH, VIRGINIA FOR PAULLETHA MULLEN", Scale: 1" = 25', dated June 14, 2022 and revised through October 25, 2022, prepared by Rouse-Sirine Associates, Ltd., 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 and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of 3 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 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 4 ($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, PAULLETHA MULLEN, the said Grantee, has caused this Agreement to be executed by her signature. 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. 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: 5 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: 74611014,a_ LtAile PAULLETHA MULLEN, Owner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: -ref The foregoing instrument was acknowledged before me this a day of 4ry v p4 a_Q , 20 a l by PAULLETHA MULLEN. (SEAL) No ary Public KRISTAL M.JOHNSON Notary Registration Number: 4 -07 (o P 3 v NOTARY / G.#262930 COMMONWEALTH OF VIRGINIA My Commission Expires: a / Si MY COMMISSION EXPIRES 12/31/2025 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM (4073Z SI N TURF C A /(1L' O NEY !JL(-'Cv"-L 6".P-4 __.s46,,6 DEPARTMENT 6 THIS SURVEY IS BASED ON A PLAT RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,VIRGINIA IN MAP BOOK 46.PAGE 32. THIS IS TO CERTIFY THAT I.ON JUNE 14,2022 SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NC ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY.EXCEPT AS SHOWN. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY OR MAY NOT SHOW ALL MATTERS OF TITLE AFFECTING PROPERTY SHOWN HEREON. PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED)(AREAS DETERMINED TO BE OUTSIDE THE 0.2%ANNUAL CHANCE FLOODPLAIN) AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH,VIRGINIA,MAP NUMBER 5155310082G. DATED JANUARY 16,2C15 THIS SURVEY DOES NOT CONSTITUTE A SUBDIVISION OF LAND. LEGEND /��ei • PIN(F) PIN FDUND DEDICATED TO CITY OF VIRGINIA BEACH ),� 0 HVAC HEATING/AIR CONDITIONING UNIT /y CONC. CONCRETE FOR DRAINAGE AND PUBLIC USE s PROPOSED FENCE ALONG O 1(--x— x FENCE PROPERTY OF CITY OF VIRGINIA BEACH ENCROACHMENT UNE G�c (D.B.574,P.176) x 9� t� (GPIN 1478-22-5591) 'Lie X— N45 42_34XW x7 �x A YsA • _ SHRUB z \ FENCE "'? 0. ' Q SHRUB (AREA OF ENCROACHMENT .o ON LINE J of i )1500 SO FT) o N PIN(F) N45°42'34"W 75.00' i , PIN(F) 1 02- -- PROPERTY OF FENCE x w ON LINE I PAULLETHA MULLEN AND z CHARLES MULLEN JR.(DECEASED) Y W Ic (D.B.2363,P.654) z 14 2 (GPIN 1478-22-7571)x Q W Q 12 Z 13 El ao PinI -•�' 4stO Z X s� ..< -r 0 9.4' 55.0' zWDccooN. Q' } �.2' CC F- a N > Q w— i ONE AND 2STORY N U-mQN Ui�Z t � rd CO W c6 z x—X�c FRAME N. .., W O J—z �mz I-- �d? #845 '- EN 0Wo- _0 5 9.9' 55.0' 1 0.1' o Z<cB Tx Z 0 Z �ORC� �.::.._., Z U W .. r.-.y`� .....t > z I � V`.r`- �r '' � b '7o .to...;:. S, I� V -°';. �782.08'. .7, PIN(F) S45°42'34 E 75.00' PIN(F) 792.08' ROMNEY LANE (50'PUBLIC RIGHT-OF-WAY) EXHIBIT A PHYSICAL SURVEY AND ENCROACHMENT SURVEY ��,,,aLTh OF OF o I-- LOT 13, BLOCK 14 10-25-2022 �,;, SUBDIVISION OF 0 06-14-2022 't ARAGONA VILLAGE, SECTION - 8 u JEFFREY D. WILLIAMS > (M.B.46.P.32) Lic. No. 20 VIRGINIA BEACH,VIRGINIA Ef'2Ey b LLIA FOR IA, y0 PAULLETHA MULLEN D SU 1 SCALE: 1"=25' JUNE 14,2022 REVISED:OCTOBER 25,2022 ROUSE-SIRINE ASSOCIATES, LTD. LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS'13-D" _*,4L www.rouse-sirine.com 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 FAX:(757)499-9136 TEL.(757)903-4695 0 25 50 75 FEET I I GRAPHIC SCALE JESA PS 166,P.11 F.B.862,P. 14 J.O.#13800-22-241 ACAD:ARAGONA VILLAGE SEC 8 BLK 14 LOT 13.dwg F.B.867,P. 16 '. ;-•., • . -, •i.„-:,, 7,..._,,, .,_—:- ,,4:1 . ‘ - ,, r . . 'j fie ', 1p, . ,.A, Jb 4 ,•, ' ,ems t e* ‘ (. ti a P•. h'-,�:, --•ts -a . 1 . y,..., -' -4� ,. tyR , yf I yt 1} l i, k�F. YI f` 1 _ j - E- -. -f r. _ 4 ' 1 ,2 � T ' �`�' 'i%I' -.-+.r•. 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N r Z � b o -n Z �, _ _t d" •-• J.v to Disclosure Statement 1/3 City of Virginia Beach Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Paulletha Mullen 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 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-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e Disclosure Statement City of Virginia Beach Planning & Community Development A. 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 O 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 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? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement q\B City of Virginia Beach Planning & Community Development :'..- 6. Does the applicant have a construct' n contractor 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 company and individual providing the service. 7. Does the applicant have an engineer/surveyor/ag p.t in connection with the subject of the application or any business operating or to be operated on the property? 1Yes ❑ No • If yes,i entify the it and individual providing the service. dig s l� 8. Is the applicant receiving legal sekvices in onnection 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 py bli body or committee in connection with this application. 6 App icant Signature a/(ear? rint Name and Title Date Is the applicant also the owner of the subject property? ❑ Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 Wage Disclosure Statement City of Virginia Beach Planning&Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 I P a g e Disclosure Statement V13 City of Virginia Bead+ Planning & Community Development Owner Disclosure Owner Name Paulletha Mullen Applicant Name Paulletha Mullen 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 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. "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 f P a g e Disclosure Statement City of Virginia Beach Planning & Community ,. Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 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 0 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 El 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 0 No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 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 Disclosure Statement Vi3 City of Virginia Beat 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 Paulletha Mullen,Owner of 845 Romney Lane,Virginia Beach,Virginia 23452 Date //2/2 3 Revised 11.09.2020 7 I P a g e qit- ''':ti% [ I CITY OF VIR••^GW^IIINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a portion of City- owned property known as Treasure Canal, located at the rear of 2004 Compass Circle MEETING DATE: February 7, 2023 • Background: Don A. & Jane E. Myers (the "Applicants") have requested permission to construct and maintain two (2) four pile boat lifts, a vinyl bulkhead, a wharf, two (2) piers, and granite quarry stone riprap, and to maintain two (2) existing bulkheads, an existing concrete bag bulkhead, and existing riprap (the "Temporary Encroachments") into City-owned property known as Treasure Canal, located at the rear of the Applicants' property at 2004 Compass Circle (GPIN: 2409-09-6220). • Considerations: City staff has reviewed the Temporary Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the Treasure 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 Temporary Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Location Map, Pictures and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1/%0 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS TREASURE 7 CANAL, LOCATED AT THE REAR 8 OF 2004 COMPASS CIRCLE 9 10 WHEREAS, Don A. Myers & Jane E. Myers (the "Myers") have requested 11 permission to construct and maintain two (2) four pile 13' x 13' boat lifts, a 72' vinyl 12 bulkhead with a 10' return, a 2' x 10' wharf, a 5' x 37' pier with a 2' x 10' L-shaped pier, and 13 granite quarry stone riprap (6' x 16.8' and 13.4' x 67'), and to maintain two (2) existing 14 bulkheads (1.8' x 48.3' and 2' x 71'), an existing concrete bag bulkhead (8.3' x 35.6') and 15 existing riprap (5' x 60') (the "Temporary Encroachments") into City-owned property known 16 as Treasure Canal, located at the rear of 2004 Compass Circle(GPIN: 2409-09-6220); 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 23 OF 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 Myers, their heirs, assigns 27 and successors in title are authorized to construct and maintain the Temporary 28 Encroachments as shown on the Exhibit entitled: "EXHIBIT A ENCROACHMENT 29 REQUEST FOR PROPOSED BOAT LIFTS, VINYL BULKHEAD, GRANITE QUARRY 30 STONE RIPRAP, WHARF, PIERS AND EXISTING BULKHEADS, CONCRETE BAG 31 BULKHEAD AND RIPRAP LOT 53, SECTION 1, BAY ISLAND FOR DON A. & JANE E. 32 MYERS GPIN: 2409-09-6220 2004 COMPASS CIRCLE, VIRGINIA BEACH, VA 23451," 33 Scale: 1" = 40', dated December 1, 2021 and revised through June 8, 2022 prepared by 34 Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit"A" and on file in 35 the Department of Public Works, to which reference is made for a more particular 36 description; 37 38 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 39 expressly subject to those terms, conditions and criteria contained in the Agreement 40 between the City of Virginia Beach and the Myers(the "Agreement"), an unexecuted copy 41 of which has been presented to the Council in its agenda, and will be recorded, after 42 execution, among the records of the Clerk's Office of the Circuit Court of the City of Virginia 43 Beach; 44 1 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement; and 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as the Myers and the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 day of _ , 2023. CA15408 PREPARED: 10/6/22 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d006\p040\00835816.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE DAN . MEYER - SENIOR CITY ATTORNEY 2 0 40' 80' PROPOSED 5'x 37' PIER, N/F CITY OF 28.2' MAX ENCROACHMENT,S, VIRGINIA BEACH ►n 1.,=40. WITH A 2'x 10' L-SHAPED PIER, (2) FOUR PILE BOAT LIFTS MANMADE CANALS LINE TABLE „�� IN BAY ISLAND "' LINE BEARING DISTANCE PROPOSED 72' OF VINYL �L RELOCATE `t - BULKHEAD, 9.3' MAX ��1► 'L�' 13'x 13' m L1 S 30°04'38"E 52.62' ENCROACHMENT WITH A 10' \?\ L2 S 00°03'22"E 72.82' RETURN,AND A 2'x10'WHARF ' S BOAT LIFT �� $ (DASHED) LI. L3 S 31°00'37"W 70.47' w !!`` Cr o- \\`�i \IVL4 S 54°19'07"W 67.88' ' STING r < \\ \\ �, �.� s BULKHEAD ' �\ w Z LOT 52 �� 2' x 71' \ �\a 6' �� 24 N/F ROBERT D. & LINDA M. PELLERIN O.)�� PROPOSED �� '� JOINT TRUST P �h i� 2008 COMPASS CIRCLE \ ,.-\\\' 6.0'x 16.8' OF 10' —26.9 GPIN:2409-09-5320 9L�' .0, GRANITE QUARRY - PROPOSED INST:20180402000263320 ri, NV STONE RIPRAP ':n' ,, 13'x13' •<co '' BOAT LIFT �, i \v .� 1�1 r;i. ,� �� 8.3' EXISTING p,L T H pF '` .. .-. y� ` ,�rL,' \A° S 8.3'x35.6' 4 4), '•`' �' CONCRETE 4 y c 7.3' BAG •'=-' BULKHEAD L) SEAN E. GREEN - (�PROPOSED 13.4' x 67' OF � .. .•_ C ._-.., GRANITE QUARRY Lic o. 0402 �05 '� Z� .o% LOT 53 STONE RIPRAP �, Q- �G,�"`;�- A •,� .• N/F DON A. & JANE E. MYERS EXISTING ti 'o 0 �� , RIPRAP °=� 44/ ...,=. es,, 2004 COMPASS CIRCLE ^)/i._is A.I. GPIN• :2409-09-6220 5 x so �,,,,, ;ry J INST:200207313010058 $i :,..� . m R=50.00 � . •: q-\eqiigf; 7`- /' 0) q ?>/) ci-giii-= =!::), 0 IMPROVEMENTS PIN(F) p -=�=�`, <6 OF OTHERS n EXISTING 48.3' ` .-, •-. p `-' BULKHEAD, 1.8' •=--'i'% q,� ', ^ n R=50.00 ENCROACHMENT ."4"1"i / ix l' r L-36.14' -• •:•. j * PIPE(F)S 87.33706" W 120.23 c\ ' '' LOT 55 o LOT 54 •�- \ " N/F DAVID H. & BETH B. DARROW D m N/F WILLIAM S. & STEPHANIE L. EDGAR \ '' 2244 WINDWARD SHORE DRIVE 2248 WINDWARD SHORE DRIVE ` GPIN:2409-09-7055 0 o GPIN:2409-09-5081 INST:200509020140924 _ INST:202103051757 EXHIBIT A 0 `' ENCROACHMENT REQUEST FOR PROPOSED BOAT LIFTS, VINYL BULKHEAD, GRANITE QUARRY STONE RIPRAP, WHARF, PIERS AND EXISTING BULKHEADS, lA WATERFRONT CONCRETE BAG BULKHEAD AND RIPRAP l CONSULTING, INC. LOT 53, SECTION 1, BAY ISLAND 2589 QUALITY COURT, SUITE 323 FOR VIRGINIA BEACH, VA 23454 DON(757)619-7302 A. & JANE E. MYERS ENGINEERING SERVICES PROVIDED BY: GPIN: 2409-09-6220 STONE GREEN CONSULTING, LLC 2004 COMPASS CIRCLE, VIRGINIA BEACH, VA 23451 (330)883-2117 DATE: DECEMBER 1, 2021 REVISED: JUNE 8, 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 1st day of December 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DON A. MYERS and JANE E. MYERS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "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 "53" 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, 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 2004 Compass Circle, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain two (2) four pile 13' x 13' boat lifts, a 72' vinyl bulkhead with a 10' return, a 2' x 10' wharf, a 5' x 37' pier with a 2' x 10' L-shaped pier, and granite quarry stone riprap (6' x 16.8' and 13.4' x 67'), and to maintain two (2) existing bulkheads (1.8' x 48.3' and 2' x 71'), an existing concrete bag bulkhead (8.3' x 35.6') and existing riprap (5' x 60') collectively the GPIN: NOT ASSIGNED CITY-OWNED PROPERTY KNOWN AS TREASURE CANAL 2409-09-6220 (2004 COMPASS CIRCLE) "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Treasure 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 PROPOSED BOAT LIFTS, VINYL BULKHEAD, GRANITE QUARRY STONE RIPRAP, WHARF, PIERS AND EXISTING BULKHEADS, CONCRETE BAG BULKHEAD AND RIPRAP LOT 53, SECTION 1 , BAY ISLAND FOR DON A. & JANE E. MYERS GPIN: 2409-09-6220 2004 COMPASS CIRCLE, VIRGINIA BEACH, VA 23451," Scale: 1" = 40', dated December 1 , 2021 and revised through June 8, 2022 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. 2 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 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 or encroachments to be removed referenced in the Exhibit or this Agreement are the 3 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, 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 4 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, Don A. Myers and Jane E. Myers, 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. 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 , 202_, 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 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK 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: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 6 GRANTEE: oivi DON A. MYERS JANE E. it RS STATE OF V\Y5hi(_ CITY/COUNTY OF \Alia t3eagh , to-wit: The foregoing instrument was acknowledged before me this I day of cer(4 , 2022, by Don A. Myers and Jane E. Myers. (SEAL) tary Public 7gz-/z/6, -z_ 7 �LIA F. Y PUBLIC Notary Registration Number: NOTARY PUBLIC REG.#7944632 My Commission Expires: 2/9 Z 2 oy COMMONWEALTH OF IRGIN A COMMISSION EXPIRES APPROVED AS TO CONTENTS APPROVED AS TO LEGAL S -ICi NCY AND FORM 4rsilguRQA-fiE A . HARMEYER SENIOR CITY ATTORNEY DEPARTMENT 7 0 40' 80' PROPOSED 5'x 37' PIER, N/F CITY OF 28.2' MAX ENCROACHMENT, VIRGINIA BEACH 1n=ao' WITH A 2'x 10' L-SHAPED PIER, MANMADE CANALS LINE TABLE (2) FOUR PILE BOAT LIFTS h IN BAY ISLAND `n LINE BEARING DISTANCE PROPOSED 72' OF VINYL L RELOCATE `� ° BULKHEAD, 9.3' MAX ��1► �� 13'x 13' co • L1 S 30 04 38 E 52.62 ENCROACHMENT WITH A 10' �� BOAT LIFT L2 S 00'03'22" E 72.82' RETURN,AND A 2'x10'WHA- �• �' _ �.• . (DASHED) L3 S 31°00'37"W 70.47'Lii / L4 S 54°19'07"W 67.88' , EXISTING < \% \' k_, �•� s ' BULKHEAD " �\ LOT 52 0/Z 2' x 71' \ A r1Q,��4 24 6' N/F ROBERT D. & LINDA M. PELLERIN P01'9 PROPOSED 1WI JOINT TRUST ►� , 2008 COMPASS CIRCLE �� 6.0 x 16.8 OF 10'�I`' 26.9' • GPIN:2409-09-5320 9/( ' ., GRANITE QUARRY \ PROPOSED INST:20180402000263320 (1,1\�� STONE RIPRAP -:,,` 'a 13'x13' "'-/ BOAT LIFT '� �S 1� •'=:'=. 8.3' EXISTING �p,�T H 0/ . �� GR��SE . ;. .�1 ` .)�L, �0 ="f= 8.3'x35.6' et:"' CONCRETE �c \- ' '" .z c c_• 7 z' BAG SEAM E. GREEN - i• PROPOSED 13.4'x 67' OF °' '" BULKHEAD :C:!ix - ' '� GRANITE QUARRY "`- �=�� v Lic. 402 005 1, r-."r_:^ Q- o / .- LOT 53 STONE RIPRAP — T lc `�_- _�` •• •'ti •. N/F DON A. & JANE E. MYERS EXISTING '°2. V IFS 9 , \P` •• 2004 COMPASS CIRCLE RIPRAP /a Q� s x 60 GPIN:2409-09-6220 41 e„tWi: co INST:200207313010058 I4� ��/ 1, T • 4/ rn 0 R=50.00' PQ L=6 6.00' .fzia;' i IMPROVEMENTS can PIN(F) EXISTING 48.3' OF OTHERS 0 BULKHEAD, 1.8' '''t'I� 43 ,'`� ,^, R=50.00 (� ENCROACHMENT �"�`�"i' / 5`� )' r L—36.14 ._..:.. y 87'33'06" W 120.23 ,w , S PIPE(F) LOT 55 — zv LOT 54 r'" v N/F DAVID H. & BETH B. DARROW f g °'� N/F WILLIAM S. & STEPHANIE L. EDGAR ' 2244 WINDWARD SHORE DRIVE D 2248 WINDWARD SHORE DRIVE GPIN:2409—09—7055 0 o GPIN:2409-09-5081 INST:200509020140924 —71 INST:202103051757 EXHIBIT A o`- ENCROACHMENT REQUEST FOR PROPOSED BOAT LIFTS, 71VINYL BULKHEAD, GRANITE QUARRY STONE RIPRAP, WHARF, PIERS AND EXISTING BULKHEADS, 1W` WATERFRONT I j CONSULTING, INC. CONCRETE BAG BULKHEAD AND RIPRAP —`� — , LOT 53, SECTION 1, BAY ISLAND 2589 QUALITY COURT, SUITE 323 FOR VIRGINIA BEACH, VA 23454 PHONE: (757) 619-7302 DON A. & JANE E. MYERS ENGINEERING SERVICES PROVIDED BY: GPIN: 2409-09-6220 STONE GREEN CONSULTING, LLC 2004 COMPASS CIRCLE,VIRGINIA BEACH, VA 23451 (330) 883-2117 DATE: DECEMBER 1, 2021 REVISED: JUNE 8, 2022 ace � N r --_ Q w g N 1- to 0 44. Q = N V U 06 O _ 0Q VZ o - r� 0 O 4 t , a . N p_ wZ 0 T NN i 'r s Q) .ate C _ _.. - - v - y '{r , :. :13---;---. 0 ----''-or I " ,.., _ ' -- Fly. 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Attiv 1 - mi - i It1 - 'sida*.7.?.:- . --` --- if t - 0 ( ti 1/,.,-„c,,_ - -,,i..,74,. t a: • s dill, r • i 46 Disclosure Statement - y 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 Don A.Myers �Qhchkiitr S - -- Does the applicant have a representative? ON Yes ❑ No • If yes,list the name of the representative. Waterfront Consulting,Inc. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes Ii No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership Interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner In the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a dose working relationship between the entitles." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Page Otk Disclosure Statement Planning Kr Develonment. Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collaterallratlon,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. Wells Fargo 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes h: No • if yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?L Yes ❑ No • If yes,Identify the firm or individual providing the service. Goodman&Company 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 [r No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchaser's service providers. 2IPage ■ • • -r- .- 1 ' 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 F No • if yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connectlon,with the subject of the application or any business operating or to be operated on the property?fl Yes ❑ No • If yes,identify the engineer/surveyor/agent. Waterfront Consulting,Inc.,Chesapeake Bay Site Solutions, GPC Billy Garrington S. 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 It No • if yes,identify the name of the attorney or firm providing legal services. Applicant Sjnature i certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Ili_ /. 121,12.012- Don A.Myers >) j' 1,1 Yox5 L-, Print Name and Title 3 - . L : is the applicant also the owner of the subject property? ❑Yes ❑ No • if yes,you do not need to fill out the owner disclosure statement. TIVE. E i ` i % `{s• .- • ,101 ,I`4 , 'or Ali v,u • an Commission;and4ityCcunciinieetir No changes as of Date Signature> . Print Name Wage Nu•ae,� 4 ,;7 r! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of a City- owned 300' Canal Easement, located at the rear of 1960 Tibbetstown Drive MEETING DATE: February 7, 2023 • Background: David Ripley and Kathryn Ripley (the "Applicants") have requested permission to construct and maintain a wood dock, fiexamat, 2 sections of rip-rap and wood pier (collectively, the "Temporary Encroachments") into the City's 300' Canal Easement, located at the rear of their property at 1960 Tibbetstown Drive (GPIN: 2414-87-8588). • Considerations: City staff has reviewed the Temporary Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the 300' Canal Easement, 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 Temporary Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Location Map, Pictures and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF A CITY- 6 OWNED 300' CANAL EASEMENT, 7 LOCATED AT THE REAR OF 1960 8 TIBBETSTOWN DRIVE 9 10 WHEREAS, David Ripley and Kathryn Ripley (the "Ripleys") have requested 11 permission to construct and maintain a 10' x 10'wood dock, a 12' x 20'flexamat, two (2)2' 12 x 6.3' sections of rip-rap and a 5' x 20' wood pier (collectively, the "Temporary 13 Encroachments")within the City's easement known as a 300' Canal Easement, located at 14 the rear of 1960 Tibbetstown Drive (GPIN: 2414-87-8588); 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 easement subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF 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 Ripleys, their heirs, assigns 25 and successors in title are authorized to construct and maintain the Temporary 26 Encroachments as shown on the Exhibit entitled: "EXHIBIT A ENCROACHMENT EXHIBIT 27 SHOWING PROPOSED WOOD DOCK, FLEXAMAT, RIP-RIP&WOOD PIER FOR DAVID 28 RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 LOT 216, 29 BLOCK A, OCEAN LAKES, PHASE TWO, SECTION TWO D.B. 2478, PG. 1226 (PLAT) 30 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated November 15, 2021, 31 prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit 32 "A" and on file in the Department of Public Works, to which reference is made for a more 33 particular 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 Ripleys(the "Agreement"), an unexecuted copy 38 of which has been presented to the Council in its agenda, and will be recorded, after 39 execution, among the records of the Clerk's Office of the Circuit Court of the City of Virginia 40 Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 1 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Ripleys and the City Manager or his authorized designee execute the 46 Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 day of , 2023. CA15794 PREPARED: November 22, 2022 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d016\p047\00844893.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: t b 0411 fi'l .,- a WO KS, REAL ESTATE N YER S R ITY ATTORNEY 2 SEE SHEET 2 FOR DETAIL o _ _ M cs cq�q = M .- Q6 () re) CO co 0' \iry 3 0 W 3 3 N 0 Z N N tf) 5' DRAINAGE EASEMENT m Z- o 1 *! ° ��I D.B. 2478, PG. 1226 (PLAT) = co .o co U Z Z Z N °D V \I� v4rti -P W CI) ;,� C2� C3 rn 300' CANAL EASEMENT Q i_ 4 LTII M,� M.B. 79, PG. 51 w ��A 011'G C.3)S Z N N 1 . - �� 86' S 2 U _j Pn oo V Y �(S. \7�So o 0 0 DA •. UTLER `sue. �, oo' 2 o ..,, in 01` c.No. 38395 ,� 6,s o� 6 Cr '�� It It It �` �' LOT 216 I W .- o N SSIONAL E1`� () o o o 0 -c U C.) CC) U CO iV , N tO / LINE TABLE `\' 1- WOOD / 2 2 LJNE BEARING DISTANCE S. DECK �� a a FRAME SHED r / N L1 S 27'58'39" W 54.81' N 1 STORY BRICK & / .iv L2 S 33'12'30" W 73.96' FRAME RESIDENCE ;, ZD. z a L3 N 59 51 22 W 109.50' #1960 L4 N 04'57'35" W 161.73' CONCRETE DRIVEWAY 12 o N z �, N L5 N 54'46'27" W 103.56' TIBBETSTOWN o m m L6 N 59'31'22" W 94.44' DRIVE (50' R/W) C1 306.75' TO L7 S 27'58'58" W 99.48' R. D.B. 2478, PG. 1226 (PLAT) - TIBBETSTOWN CT L8 S 28'19'13" W 118.21' R. EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD DOCK, FLEXAMAT, RIP-RAP &WOOD PIER 0 100 200 FOR DAVID RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 GALLUP LOT 216, BLOCK A, OCEAN LAKES, SURVEYORS & ENGINEERS PHASE TWO, SECTION TWO 323 FIRST COLONIAL ROAD D.B. 2478, PG. 1226 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=100' Date: NOV. 15, 2021 I Sheet: 1 of 3 W\Ripley,Katie&David-1960 Tibbetstown Drive\Drawings\21-26 Encroachment.dwg,11/8/2022 9:29:24 AM,1:1 �ALTH O S'p4 N if S9. 300' CANAL EASEMENT o�� Gr p� 2�q�F S�2 C,q�q M.B. 79, PG. 51 �` C7, �'8 pFgsFM 2" / if/ o (A�26T 7O9 '0' DA -ey0P.I. LER 497 •SO• CD c.No.38395 N �O /\5' 44 -i44' ‘� a_ SSIONAL r" ° �,, N 4, m , ,,• .o o ryp�• N Z J[ T0POFBANK OF WATER �cb °'• LOT 216 1:3 TOE OF SLOPE EX. WOOD PILES EX. DILAPIDATED WOOD TO BE REMOVED w DOCK TO BE REMOVED PROPOSED 10.00w FLEXAMAT �jfef•-�::..,_�_ 0 5.25 — EX. DILAPIDATED �� f�f1*..�f�f1:�• WOOD DOCK TO ,I•j,;�of.•1.406.�� BE REMOVED o}. �f�1,4,01/.0�' 5 0 "'- O 47411 i' ? *Ili 0 N D ► cps —s- �.- •S8' : ;•i. f• _ - �,r g. 1,640 F i• ) 2 PROPOSED °' -0 rn �/�� • w,• ;�0 o WOOD DOCK fS *� •-opt*I:r •MI o - r ' `�O. g�5 .8 ' ��1�'�1�:6 g0�'�;' N PROPOSED ^z / �I/ WOOD PIER 11*/ .o _ _ PROPOSED RIP-RAP 0 10 20 1111161.1M6M611111 CID DISTANCE FROM EASEMENT NOTES: LINE SEE SHEET 1 OF 2 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. EXHIBIT A 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT ENCROACHMENT EXHIBIT SHOWING PROPOSED REQUEST ONLY. WOOD DOCK, FLEXAMAT, RIP-RAP & WOOD PIER 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A PHYSICAL SURVEY PREPARED BY TIDEWATER FOR LAND SURVEYS DATED NOV. 21, 1998. DAVID RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 I GALLUP LOT 216, BLOCK A, OCEAN LAKES, SURVEYORS & ENGINEERS PHASE TWO, SECTION TWO 323 FIRST COLONIAL ROAD D.B. 2478, PG. 1226 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=10' I Date: NOV. 15, 2021 I Sheet: 2 of 3 W:\Ripley,Katie&David-1960 Tibbetstown Drive\Drawings\21-26 Encroachment dwg,11/8/2022 9:29:25 AM,1:1 �N14-c,p,LTil OF o Gr C'l DA - UTLER • c.No.38395/ \„4 4NSSJ�NAL �� ADJACENT OWNERS KEY NOW OR FORMERLY D.B./PG. LOT M.B./PG. GPIN ADDRESS '0' GALVIN BEW 4119/39 217 2478/1228 2414-87-9686 1956 TIBBETSTOWN DR 0, LAND AMERICA I.N. 16.452 71/23 2414-97-2121 HOLDING, LLC 20090904001053300 AC / O' JIMMY L. BARNES 2683/125 215 2478/1226 2414-87-7538 1957 TIBBETSTOWN DR EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD DOCK, FLEXAMAT, RIP-RAP &WOOD PIER FOR DAVID RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 GALLUP LOT 216, BLOCK A, OCEAN LAKES, SURVEYORS & ENGINEERS PHASE TWO, SECTION TWO 323 FIRST COLONIAL ROAD D.B. 2478, PG. 1226 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: NA I Date: NOV. 15, 2021 I Sheet: 3 of 3 W:\Ripley,Katie&David-1960 Tibbetstown Drive\Drawings\21-26 Encroachment.dwg,11/8/2022 9:29:26 AM,1:1 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 q-1-1 day of Dar Ply be 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID RIPLEY and KATHRYN RIPLEY, 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 "216", as shown on that certain plat entitled: "SUBDIVISION OF OCEAN LAKES PHASE TWO SECTION -TWO PRINCESS ANNE - BOROUGH, VIRGINIA BEACH, VIRGINIA," Scale: 1" = 5 0', dated November 1985, prepared by The Sirine Group, Ltd, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2478, at page 1226, and being further designated, known, and described as 1960 Tibbetstown Drive, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to construct and maintain a 10' x 10' wood dock, a 12' x 20' flexamat, two (2) 2' x 6.3' sections of rip-rap, and a 5' X 20' wood pier collectively, the "Temporary Encroachment", in the City of Virginia Beach; and CITY CANAL EASEMENT (NO GPIN REQUIRED OR ASSIGNED) GPIN: 2414-87-8588 (1960 TIBBETSTOWN DRIVE) 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-owned 300' Canal Easement, collectively, "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 SHOWING PROPOSED WOOD DOCK, FLEXAMAT, RIP-RAP, & WOOD PIER FOR DAVID RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 LOT 216, BLOCK A, OCEAN LAKES, PHASE TWO, SECTION TWO D.B. 2478, PG. 1226 (PLAT) CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated November 15, 2021, prepared by Gallup Surveyors & Engineers, 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 7 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 of maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain 3 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 compensation and penalties in any manner provided by law for the collection of local or 4 state taxes. IN WITNESS WHEREOF, DAVID RIPLEY and KATHRYN RIPLEY 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 , 2023, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He 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 , 2023, 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 RIPLEY THRYN RIPLEY STATE OF VO- CITY/COUNTY O LJt/Oyfl 1. --f,2p to-wit: The foregoing instrument was acknowledged before me this ( day of l) cem , 2022, by David Ripley and Kathryn Ripley. Aveliko& •&LAO J •'a ' .Iic p,Y CA1��'�j, • . o s ZMr 151 NotaryRe Registration Number: go I S 7- ° COP1 M� S '•.•• a � � o , . My Commission Expires: 5 � � 2- .•. .,4 •'' mac,,•. tH .•, APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM tile/PI SI N TURE ER, SENIOR C Y ATTORNEY PIN Re,21 Esau; DEPARTMENT 7 SEE SHEET 2 FOR DETAIL CO 0' 30 W 3 3 N , ? N N N 2 N a v Ai 5' DRAINAGE EASEMENT m O F \ �}' D.B. 2478, PG. 1226 (PLAT) = coo c`to co \ JP I ._ \ U Z Z Z N m CP.' II 1 . W ;,� C2� C3 300' CANAL EASEMENT 8 IP% 70/6b In Q ? °` M.B. 79, PG. 51 1-- ~ v,p,LTH O ^� > 'a, iv O� • � �Gf 3)S8 CC Z Cl cn 6C. U § rt 07 cp O Y scs` Soo $ o 0 DA B UTLER O. J, o• 2 o S E Qc.No. 38395 ,� 01 0� 6 0 1 �5�2'S' o. Ui n ., co �' '` 1�' LOT 216 W � oN . . s`3IONALV' - o o 0 0 Q N h / co. = U U U CO � N C.)N c3` ix) / LINE TABLE i `4 #- I.- WOOD / Z Z UNE BEARING DISTANCE ��. �DECK c a a L1 S 2758'39" W 54.81' FRAME SHED Y -N��v �W z N 1 STORY BRICK & / N L2 S 33'12'30" W 73.96' FRAME RESIDENCE I ;, &a z L3 N 59 51 22 W 109.50' #1960 " - L4 N 04'57'35" W 161.73' CONCRETE DRIVEWAY I/ Z-o N z N L5 N 54'46'27" W 103.56' TIBBETSTOWN 11 o m L6 N 59'31'22" W 94.44' DRIVE (50' R/VV) C1 ' 306.75' TO L7 S 2758158" W 99.48' R. D.B. 2478, PG. 1226 (PLAT) -�• TIBBETSTOWN CT L8 S 28'19'13" W 118.21' R. EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD DOCK, FLEXAMAT, RIP-RAP &WOOD PIER 0 100 200 FOR DAVID RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD LOT 216, BLOCK A, OCEAN LAKES, PHASE TWO, SECTION TWO D.B. 2478, PG. 1226 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=100'I Date: NOV. 15, 2021 I Sheet: 1 of 3 W:\Ripley,Katie&David-1960 Tibbetstown Drive\Drawings\21-26 Encroachment.dwg,11/8/2022 9:29:24 AM,1:1 �ALTH O S'0,94N S9. 300' CANAL EASEMENT p�� '1, oe �q0F S72 C'1ti M.B. 79, PG. 51 F G> 2� � A0 ,�FNT w 709 '0 cd DA UTLER5. ,91) 4'60' • c.No. 38395' 4 N �0 1\ 44' N 6 f �SSIONAL E'O� 00 m 4? rya. O o rye• N Z TOP OF BANK �.�' EDGE OF WATER �°'' LOT 216 TOE OF SLOPE EX. WOOD PILESul EX. DILAPIDATED WOOD TO BE REMOVED w DOCK TO BE REMOVED c PROPOSED 10.00' •: 5.25 FLEXAMAT 1�f'-'�•- o ��'* 12.00,1761f?•• o - EX. DILAPIDATED ,�•�f�}I,��f�f1:�• WOOD DOCK TO ,Late*.�� '� f••1• )i BE REMOVED o'4`�#�1��f�i o �''- N P•o *• •00 st $ S8' 2.0 f: �%,41 c, z PROPOSED i#:# L; 1p : • 0' oWOODDOCKI -ee g0� • ip PROPOSED z r_,I% WOOD PIER -' / PROPOSED AAVRIP-RAP 0 10 20 c0 DISTANCE FROM EASEMENT LINE SEE SHEET 1 OF 2 °°° NOTES: 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. EXHIBIT A 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT ENCROACHMENT EXHIBIT SHOWING PROPOSED REQUEST ONLY. WOOD DOCK, FLEXAMAT, RIP-RAP &WOOD PIER 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A PHYSICAL SURVEY PREPARED BY TIDEWATER FOR LAND SURVEYS DATED NOV. 21, 1998. DAVID RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 GALLUP LOT 216, BLOCK A, OCEAN LAKES, SURVEYORS & ENGINEERS PHASE TWO, SECTION TWO 323 FIRST COLONIAL ROAD D.B. 2478, PG. 1226 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=10' I Date: NOV. 15, 2021 I Sheet: 2 of 3 W:\Ripley,Katie&David-1960 Tibbetstown Drive\Drawings\21-26 Encroachment.dwg,11/8/2022 9:29:25 AM,1:1 sl4v,pLTII OA, O ' Lr �� % O U DA . UTLER c.No.38395 vlq• ONAL E ADJACENT OWNERS KEY NOW OR FORMERLY D.B./PG. LOT M.B./PG. GPIN ADDRESS '0' GALVIN BEW 4119/39 217 2478/1228 2414-87-9686 1956 TIBBLISIOWN DR 0, LAND AMERICA I.N. 16.452 71/23 2414-97-2121 HOLDING, LLC 20090904001053300 AC / O JIMMY L BARNES 2683/125 215 2478/1226 2414-87-7538 1957 TIBBETSTOWN DR EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD DOCK, FLEXAMAT, RIP-RAP &WOOD PIER FOR DAVID RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 GALLUP--':-) SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD LOT 216, BLOCK A, OCEAN LAKES, PHASE TWO, SECTION TWO D.B. 2478, PG. 1226 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: NA l Date: NOV. 15, 2021 I Sheet: 3 of 3 W:\Ripley,Katie&David-1960 Tibbetstown Drive\Drawings\21-26 Encroachment.dwg,11/8/2022 9:29.26 AM,1:1 • l'',...t..::::,....._-_,,...- „s 'may,i ,Y ' }•` " : • zt" ''s.• I; .ir • • ilikira„ '.1..i::-,.,,,,'... ,'';:::.3- ...i. ,,._7,4...,„,,dr.,,,....i lififr„.1„,),,,,,,.. 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' +tyelg "s • �- +.*--r;�.✓ - --, . - lif--.a" f - t• ` j!*S3 - .-} "-'-'..'-4r.-.'1i _,V ^E.1.'1•..,..,,,'.40''-,.._jzi,...•i f1*'4.-,"...-.•.'''L'• t-}i - }`, `=Sr. A,. �.; •,�4 :1 ems•+ , r ►_ 2;- r 1 L*_ ;R_'q•S•# : V i._'.. w i t -•yy ` `,`5 .S-.N4 f e•`- - `R .w4 y ' 1 l.;t-...•S'"'....•-'-.t'''-i':l'q':i••i•*.'...` .1'c.,-.i.-e,-1'1‘.2/;A#."._1...:.1 7-.',•• s'i. ';,''."t,'-•'iV C-_•. ,fiat M V... . { .• , t`s 2. `.`„#,• i` .'-.-:•., A ? - arj`_ . raga I 4 '4, -7.-es•-.., P' • ' -:`...kite% ihit /a - t I` tea'i..;: i*II24.: _ J•;'" . 0 `t. "�'Gd f4 c t sit ,� �: c rf ''`•_ y�• JA 1'y r 7 •' may- w is , • .l S,,° 2 ,,. . •- •1s_� x� tot - ,; . •, '- PICTURES: 1960 TIBBETSTOWN DR 7i4 `� ' 2'1t. 11. 0 Iv �`:' ' ems. S L',; - gf S' f• ay *-_ 'i' S # r�'-' C- l Y sue` , •� V� Ir 't,• ! • ; . ►• - T i t'''?''Ly' • " `�l TZf' _ ' MB A Disclosure Statement Cityof1Djrru4B i 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 � p Applicant Name ___1 C — 4-bckv t T \-ei\ Does the applicant have a representative? ❑Yeslo • If yes,list the name of the representative. lI Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entlty2 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 entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there Is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 F' agEJ Disclosure Statement City of viryinia N•vdi Planning&Community Development y Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes t.No • If yes,what is the name of the official or employee and what is the nature of the interest? 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? LYes ❑ No • If yes,identify the financial institutions providing the service. Q c\cI2 - tom. 1 ,l2..—- - -- - 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes o • If yes,i eritify 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 X 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? LI 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. ev:serf:1 Cn.2020 2 I c age • Disclosure Statement AB City of lar inic:Beach Planning&Community Development .4 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?FLYes ❑ No • If yes,identify the company and individual providing the service. COki'r a.n `/i__ L1-- eJo W4LQ 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 Rroviding the service. oAk.oe . . ) s 1 -b _v_i_J 604-1,4_ 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 XNo • 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. V2C1c -2---1` _ue —___ ' Cl-)I fa: 23, Applicant Signature c. k.2 PLe—J,--1— \<--C4Vr\ r- -A rC"..N a& V 1\ Print Name and Title _ L4t1 1 2_\ 11_ 2_() L\z_ b i z._02--2,____ Date Is the applicant also the owner of the subject property? Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 0 No changes as of Date Signature Print Name used 11.09 2020 3 f P a g e #6;".... ......i....7*** u: - !tt R [ VIOA'ae44 .t 3 CITY OF VIRGINIA BEACH AGENDA ITEM } ITEM: An Ordinance to authorize Temporary Encroachments into a Portion of City- owned property known as Lake Joyce and a 20' strip of land around Lake Joyce, located at the rear of 4501 Powells Point Road MEETING DATE: February 7, 2023 • Background: The Jeanette T. Hedrick Declaration of Trust, Dated June 26, 1997, as amended (the "Applicant") has requested permission to construct and maintain a bulkhead, sand backfilled no more than 2' from the existing bulkhead, with two (2) return walls, a floating dock, a mooring pile, an L-shaped jet dock and to maintain an existing paver pool deck, a paver patio deck, a stepped walkway and two (2) chain link fences (collectively, the "Temporary Encroachment") into City-owned property known as Lake Joyce (GPIN 1570-80- 2438), located at the rear of the applicant's property at 4501 Powells Point Road (GPIN: 1479-69-8707). • Considerations: The City has reviewed the Temporary Encroachments and has recommended approval of same, subject to certain conditions outlined in the attached Agreement. A previous encroachment for the existing bulkhead was approved on June 1, 1987, as ORD-87-1702A. There are similar encroachments into Lake Joyce, which is where the Applicant has requested to encroach. • Public Information: Public notice 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 ' City Manager: IV) 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE 7 JOYCE AND A 20' STRIP OF LAND 8 AROUND LAKE JOYCE, LOCATED 9 AT THE REAR OF 4501 POWELLS 10 POINT ROAD 11 12 WHEREAS, The Jeanette T. Hedrick Declaration of Trust, Dated June 26, 1997, as 13 amended, has requested permission to construct and maintain a 95' bulkhead sand 14 backfilled no more than 2' from the existing bulkhead with two (2) 8' return walls, a 8' x 10' 15 floating dock, one (1) mooring pile, a 13' x 15' L-shaped jet dock, and to maintain an 16 existing 10' x 17' variable width paver pool deck, a 9' x 3' variable width paver patio deck, a 17 5' wide stepped walkway and 2 chain link fences (collectively, the "Temporary 18 Encroachments") into City-owned property known as Lake Joyce (GPIN: 1570-80-2438), 19 located at the rear of 4501 Powells Point Rd. (GPIN: 1479-69-8707); and 20 21 WHEREAS, a previous encroachment for the existing bulkhead was approved on 22 June 1, 1987 as ORD-87-1702A; and 23 24 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 25 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 26 City's property subject to such terms and conditions as Council may prescribe. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 32 15.2-2107, Code of Virginia, 1950, as amended, Jeanette T. Hedrick, Trustee under the 33 Jeanette T. Hedrick Declaration of Trust Dated June 26, 1997, as amended, its heirs, 34 assigns and successors in title are authorized to construct and maintain the Temporary 35 Encroachments as shown on the Exhibit plat entitled: "EXHIBIT A ENCROACHMENT 36 REQUEST FOR NEW BULKHEAD WITH BACKFILL, FLOATING DOCK, MOORING PILE, 37 JET DOCK, EXISTING POOL DECK, PATIO DECK, STEPPED WALKWAY& FENCES IN 38 LAKE JOYCE," Scale: 1" = 30', dated March 3, 2022 and revised through October 20, 39 2022, prepared by Marine Engineering LLC, a copy of which is attached hereto as Exhibit 40 "A" and to which reference is made for a more particular description; 41 42 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 43 expressly subject to those terms, conditions and criteria contained in the Agreement 44 between the City of Virginia Beach and Jeanette T. Hedrick, Trustee, under the Jeanette T. 45 Hedrick Delaration of Trust, Dated June 26, 1997, as amended (the "Agreement"), an i 46 unexecuted copy of which has been presented to the Council in its agenda, and will be 47 recorded, after execution, among the records of the Clerk's Office of the Circuit Court of the 48 City of Virginia Beach; 49 50 BE IT FURTHER ORDAINED, that the City Manager or his authorized 51 designee is hereby authorized to execute the Agreement; and 52 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 53 such time as Jeanette T. Hedrick, Trustee and the City Manager or his authorized designee 54 execute the Agreement. 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the 57 day of , 2023 CA15795 PREPARED: December 7, 2022 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d025\p040\00839710.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: W P 134-k O R S,3REAL ESTATE AR E R IOR CITY ATTORNEY 2 K Xm D PON1 EAIEAS R A LTH OF\NEoL ° PGR 10T -� D PO" V ,V vr CY IPF0 � z 3p R I ° cn 0 ��R� �12a 32', 1\ cc�, Rv� � R;Sq3�� 0' 10'_-249_-3-,1 8o DAV D KLEDZNC y �' �51 g1 M0N1 __I 1 1 Lic. No.034674 W \ONPS g , - SCALE: 1"= 30' I\ 10/20/2022 o ,OCO 356Q95 1 O s C} 13 ,\15 2,":\ ' - POWELLS POINT LOT 24A 11 87ONAL \ ,-- N/F JEANETTE T HEDRICK TRUST 1 l 4501 POWELLS POINT ROAD i \ GPIN#1479698707 I , POWELLS POINT LOT 23 \ 1 N/F DONALD E SPENCE \ DB 4547 PG 319 1 0 \\ MB 101 PG 27 II MARILYN V.SPENCE \ 1 0 4417 POWELLS POINT ROAD I w GPIN#1479699719 5'DRAINAGE& \\ 11 - INSTR#20100804000788450 UTILITY \\ #4501 II m MB 29 PG 36 EASEMENT p. \ • \ o \ 1 \ � \ 11 EXISTING 1.5"CONCRETE 1,-, \ 3' PAVER PATIO o \co 'PPP' POWELLS POINT LOT 25A \\ 13' N/F LISA A NORMAN \\ 56.124' S 83°03'24"W 4505 POWELLS POINT ROAD \\ POOL II IPF GPIN#1479696794 EXI 'ING CONCR E INSTR#20170605000465700 PATH/ST 'S 3,- EXISTING MB 101 PG 27 �, - NG BULKHEAD• - CL FENCE 44.00' S 75°,7 20 W ,1II' �/ APPROVED \ - 1' `L DB2640 PG 1658 ,°° "'/ ( TO REMAI -- , EXISTING 1,5"CONCRETE "A ." ' POOL DECK k, 1� 3 405 EXISTING CONCRE 'AD •0 BE REMOVED I" _8': , 15� WATER 0ot• , g.!�\I , SPAN ,� 1.4 20'STRIP 20 'vi 9. �'d' DB1018 ': 54 9'A;� 3g 2.0' PROPOSED 13'X 15'L-SHAPED VB CITY ''OPERTY JETDOCK PROPOSED 95'BULKHEAD&8' EXISTING CL FENCE- RETURN WALLS&SAND BACK FILL NOR A ATERLINE AT EXISTING BULKHEAD- PROPOSED MOORING PILE EXISTING JETDOCK PROPOSED 8'X 10'FLOATING DOCK (TO BE REMOVED) LAKE JOYCE (VB CITY PROPERTY) REMOVE EXISTING PILES GPIN#1570-80-2438 DB1018 PG154 EXHIBIT A PREPARED BY: MARINE ENGINEERING LLC 193ENCROACHMENT REQUEST FOR NEW BULKHEAD WITH CHARLA LEE LN APPLICATION FOR ENCROACHMENT BY: BACKFILL, FLOATING DOCK, MOORING PILE, JETDOCK, VIRGIIRGI NIA BEACH, VA 23455 757 477-4787 JEANETTE HEDRICK EXISTING POOL DECK, PATIO DECK, STEPPED 4501 POWELLS POINT ROAD WALKWAY & FENCES SHEET 1 OF 1 VIRGINIA BEACH, VA 23455 IN DATE: MARCH 3, 2022 LAKE JOYCE REVISION 1: OCTOBER 20, 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 /741 day of /Jve.v' , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JEANETTE T. HEDRICK, TRUSTEE UNDER THE JEANETTE T. HEDRICK DECLARATION OF TRUST, DATED JUNE 26, 1997, AS AMENDED, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "24A", as shown on the certain plat entitled: "RE- SUBDIVISION OF LOTS 24 & 25 POWELLS POINT BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated December 11, 1973, prepared by Baldwin and Gregg Engineers-Planners-Surveyors, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 101, at page 27, and being further designated, known, and described as 4501 Powells Point Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain a 95' bulkhead sand backfilled no more than 2' from the existing bulkhead, with two (2) 8' return walls, 8' x 10' floating dock, one (1) mooring pile, 13' x 15' L-shaped jet dock, and to maintain an existing 10' x 17' variable width paver pool deck, 9' x 3' variable width GPIN: 1570-80-2438 (CITY PROPERTY KNOWN AS — LAKE JOYCE) 1479-69-8707 (4501 POWELLS POINT ROAD) paver patio deck, 5' stepped walkway, and 2 chain link fences, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Joyce (GPIN: 1570-80-2438) and a 20' strip of land around Lake Joyce collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. WHEREAS, a previous encroachment for the existing bulkhead was approved on June 1 , 1987 as ORD-87-1702A and recorded in the aforesaid Clerk's Office in Deed Book 2640, at page 1658. 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: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR NEW BULKHEAD WITH BACKFILL, FLOATING DOCK, MOORING PILE, JETDOCK, EXISTING POOL DECK, PATIO DECK, STEPPED WALKWAY & FENCES IN LAKE JOYCE," Scale: 1" = 30', dated March 3, 2022, and revised through October 20, 2022, prepared by Marine Engineering LLC 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 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 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, Jeanette T. Hedrick, Trustee under the Jeanette T. Hedrick Declaration of Trust, dated June 26, 1997, as amended, the said Grantee, has caused this Agreement to be executed by her signature. 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) 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 , 2023, 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 , 2023, 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: Jeanette T. Hedrick Declaration of Trust, Dated June , 1997, as amend By: J nette T. He ick,/T- stee STATE OF °'r 3 CITY/COUNTY OF ‘k ' , to-wit: The foregoing instrument was acknowledged before me this 1k- day of )J0..g ''" , 2022, by Jeanette T. Hedrick, Trustee under the Jeanette T. Hedrick Declaration of Trust, Dated June 26, 1997, as amended. 34//\ `°/‘ (SEAL) Notary Public SHANNON M HUGHES NOTARY PUBLIC REG.#75158 Notary Registration Number: �s � COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 12/31/2023 My Commission Expires: L 3l 100?-3 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 627, 1 G ATURE . A MEYER IC! CITY ATTORNEY P Raujst DEPARTMENT X pp1N� RD EDICPIED SO ALTH �� o ?DWLL MB 101 PG•23 10'STOF VIRGINIA BEp,CH ��, Irk z 30 ROW CI-(`( t IPF O \ 4' ID...4.J Kg.“_ 0 REIN ' R=`U°°° 0' 10'_-20'--36'; DAv® KL®ZK a r ,;g5�19� SM�NI -_- Lk. No. 034674 \N\ONEQ959 ----- SCALE:1"= 30' ttO 1 o/2o/2022 OOM p30� v 15 2�21 - POWELLS POINT LOT 24A tt SSj � ANAL - ,, N/F JEANETTE T HEDRICK TRUST tt - 4501 POWELLS POINT ROAD t GPIN#1479698707 t POWELLS POINT LOT 23 I .� N/F DONALD E SPENCE DB 4547 PG 319 1 o MARILYN V.SPENCE MB 101 PG 27 It ) 4417 POWELLS POINT ROAD j i o GPIN#1479699719 5'DRAINAGE& tt a INSTR#20100804000788450 UTILITY v t '''..• MB 29 PG 36 EASEMENT #4501 t m \ t t o \ t '\ 't EXISTING 1.5"CONCRETE 3' PAVER PATIO o PPP" POWELLS POINT LOT 25A ` 1 N/F LISA A NORMAN 564' S 83°03'24"W 4505 POWELLS POINT ROAD POOL t t IPF GPIN#1479696794 EXI `ING CONCR E _ -J INSTR#20170605000465700 I 3� ATH I ST •S - -- EXISTING MB 101 PG 27 'Cti°- NG BULKHEAD - CL FENCE 44.00' S 75°'7',0"W lII isle APPROVED \\ -- /' `L DB2640 PG1658 c'- Ilk TO REMAI -- EXISTING 1.5"CONCRETE "a • ' POOL DECK -‘ ;10 14, 3 405' EXISTING CONCRE 'AD 0 BE REMOVED ' 8'. - 1,1, tt '\ ' WATER • al1 - 5 1.4' SPAN 20'STRIP 20 9.� 'A-cc, D61018 ': 54 3� -2.0' �, PROPOSED 13'X 15'L-SHAPED 9 A JETDOCK VB CITY •"'OPERTY I ,_PROPOSED 95'BULKHEAD&8' EXISTING CL FENCE-; RETURN WALLS&SAND BACK FILL NOR/ a ATERLINE AT EXISTING BULKHEAD- PROPOSED MOORING PILE EXISTING JETDOCK PROPOSED 8'X 10'FLOATING DOCK (TO BE REMOVED) LAKE JOYCE (VB CITY PROPERTY) REMOVE EXISTING PILES GPIN# 1570-80-2438 DB1018 PG154 EXHIBIT A PREPARED BY: MARINE ENGINEERING LLC ENCROACHMENT REQUEST FOR NEW BULKHEAD WITH 1932 CHARLA LEE LN VIRGINIA BEACH, VA 23455 APPLICATION FOR ENCROACHMENT BY: BACKFILL, FLOATING DOCK, MOORING PILE, JETDOCK, 757 477-4787 JEANETTE HEDRICK EXISTING POOL DECK, PATIO DECK, STEPPED 4501 POWELLS POINT ROAD WALKWAY & FENCES SHEET 1 OF 1 VIRGINIA BEACH, VA 23455 IN DATE: MARCH 3, 2022 LAKE JOYCE REVISION 1: OCTOBER 20, 2022 r a) ,...., __ . 1.440,-,.,..- . R .c J ''TA.'' fit` I e G Yr _ _ _ is— .M. ..• - T AC • ``, _ .. y� _ Y ,r u •r a) It' "•" xr'�ta'' w 1 , +• r ' h .v..: !y}x 4a - .?,++.r w r_r I .,a•. { O ..'�� 3" • {/y ,�", w CC Looking East along Shoreline •, , ‘.....:,t - „..„..,_,...... . . ---: .-, ... • . , .,- • An .„ •.• 'it', ' - ,. V-N, 1..ii. . ' 4 A ti • • :. ......4_ . .7 . _ .- . It i . •• t it. .4 .. • • 'F /.41, ..,.. ..t. . k• ; , _ . • • , . , - , •,. i. Illw \ Ittilltk. , . A. .. •••,-- • ,1 • ,..._ . - ii•-4,.. •, . - . . , • .. pi' - tl.le A. ..,:li.-• *7 45-..1, - . A d . -,•• ‘. , . A...., •._ • 011 oat • - • ...••._ _ • I . I I . .,.5iia,Ifi- 1177,00116#1140121104111Mt. — T * Y ' irl4•111110111( - 4 -, _ • .., . ..—..._ alr... N I W &•.- E I '2, S SHORE D• ♦ • .,,,,,,,,a..\10 -1-----7 "1111/MIr Z. Nf ! — i PI . 11 l . `�P O PD‘NieC- [ ," --------...„_,__ __,,,,,, —1---) ) .. ------_,________/ 1_ ,-, F.-- .__. LOCATION MAP ENCROACHMENT REQUEST JEANETTE HEDRICK Legend 4501 POWELLS POINT ROAD r — City Property GPIN 1479-69-8707 1 Iummosom Feet 111111 1479-69-8707 0 50 100 200 VIE'A nnlo...:....4..)A or, C:1....)Ar' 1.1r1A IA AP)C\a A7n cn o7n- i+ 4 z - 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 JEANETTE T HEDRICK -"\-- Does the applicant have a representative? E Yes ❑ No • If yes,list the name of the representative. DAVID KLEDZIK Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?Of/es ❑ No • If list the names of all officers,directors,members,trustees,e c.below. (Attach a list if necessary) — of�A�c.e7-Te / . ��,�. C,,L•� — • 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 1.1.09.2020 Wage • , • • _ • % ' ..•^^+^, •mac... - - 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 fiNo • 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 in titutions 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 • 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 • 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 • if yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes f.,E-filo • If yes,identify the purchaser and purchaser's service providers. Revised11.09.2020 Wage Page a tv 1 r, 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?'sue. es ❑ No • If yes,identify the compan and in bidual providing I the service.' 'f; r e4 S Ee d N S 1 d 4 e,/1.) rC-4 —_ — / 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?NI Yes ❑ No • If yes,identify the firm and individual providing the service. MARINE ENGINiEERING LLC DAVID KLEDZIK ___ 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 o • If yes,identify the firm and I ividual 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. Illp., -' ---- 46.,..... d —_/-? leis' A.'t Signature ..„1 to..9 AI e 7r e / • /1/Z4e--. ef-..•-:-- de.„4/Ade.c. de ct....LJ i Print Name and Title iir/cz-/—e- X 1-0160( Date pIs /�the applicant also the owner of the subject property? TeS ❑ No • if yes,you do not need to fill out the owner disclosure statement. FOR CiTY USE ONLY/A11 disclosures must be updated two(2)weeks prior to any Planning Commiss on and City Council meeting that pertains to the applications El No chances as of Date Signature Print Name Revised 11.09.2020 Wage U CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept an In-Kind Grant for an Animal Shelter Consultation from the University of Florida Shelter Medicine Program MEETING DATE: February 7, 2023 • Background: The Police Department has identified the Shelter Medicine Program and Maddie's Million Pet Challenge Shelter Consultation Grant as an opportunity to obtain an animal shelter health consultation at no direct cost to the City. This program is offered by the University of Florida College of Veterinary Medicine. The shelter consultation can assess an array of standards of care in animal shelters, including but not limited to preventative care, disease recognition, adoption practices, and spay/neuter programs. The purpose of this consultation is to understand current best practices in shelter care and improve animal welfare in the community. The shelter consultation will be conducted by the University of Florida and is valued at $20,000 but is being offered at no cost to the City. The University receives funding for this program from Maddie's Million Pet Challenge grant. This shelter consultation does not obligate the City to implement any of the recommendations made by the consultation. The Virginia Beach Animal Care and Adoption Center is operated by the Police Department. The facility is located on Birdneck Road and opened in 2010. The facility is staffed by 48.5 FTEs with an annual budget of approximately $3.8 million. • Considerations: No local match is required, and the City is not obligated to incur additional expenses as a result of the provided recommendations. This is presented to the City Council for approval because of the potential of the consultation's report identifying additional operational requirements, which the City Council would typically address in the budget process. • Public Information: Normal Council Agenda process. • Recommendation: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:/" 1 AN ORDINANCE TO ACCEPT AN IN-KIND GRANT FOR AN 2 ANIMAL SHELTER CONSULTATION FROM THE 3 UNIVERSITY OF FLORIDA SHELTER MEDICINE 4 PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That an in-kind grant is hereby accepted from the University of Florida Shelter 10 Medicine Program for an animal shelter health consultation for the Animal Care and 11 Adoption Center operated by the Police Department. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY. i/ _ Budget and anagement Services i o ey's Office CA15993 R-1 January 26, 2023 `�vrJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the Tourism Investment Program Fund and to Authorize the City Manager to Execute a Sponsorship Agreement with Live Nation Worldwide, Inc. MEETING DATE: February 7, 2023 ■ Background: Country Nation-Live Nation is the country music festival division of Live Nation Worldwide, Inc. The Country Nation-Live Nation team has produced 39 world class country music festivals throughout the United States over the last nine years. They produce events in multiple markets around the country including in beach destinations such as the Tortuga Music Festival in Fort Lauderdale and TidalWave Music Festival in Atlantic City. Country Nation-Live Nation is currently developing a concert festival to be held in Virginia Beach on June 23-25, 2023. It is their intent to bring together emerging artists, as well as award winning and "A List" country music recording artists in the production of this two-stage, three-day celebration of live music in the City's south beach area. If successful, Country Nation-Live Nation would like the City to be the home of "BEACH IT!" for 2023 and future years. The proposed City financial sponsorship will provide the "but-for" admissions taxes to the Festival promoter. 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 taxes generated by the Festival. Therefore, the amount of funds appropriated in the attached ordinance, $1,500,000, represent a budgetary amount that will be adjusted when the actual performance of the Festival is known. ■ Considerations: The Beach IT Music Festival presents a unique opportunity to provide positive social programming for visiting and local adults and elevate Virginia Beach as a major music festival destination. The attached ordinance expresses the Council's support for the proposed Beach IT Music Festival in the form of a sponsorship between the City and Live Nation Worldwide, Inc. This arrangement will provide financial, public safety, and operational support for the Festival. • Public Information: Normal Council Agenda process. • Attachments: Ordinance; Exhibit A (Sponsorship Agreement); Disclosure Form Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager: MO 1 AN ORDINANCE TO APPROPRIATE FUND 2 BALANCE OF THE TOURISM INVESTMENT 3 PROGRAM FUND AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A SPONSORSHIP 5 AGREEMENT WITH LIVE NATION WORLDWIDE, 6 INC. 7 8 WHEREAS, the City wishes to provide a financial sponsorship for the Country 9 Nation-Live Nation Beach It Festival (the "Festival"); 10 11 WHEREAS, the Festival is scheduled for June 23-25, 2023, and the City desires 12 to use such sponsorship to promote the City to residents and visitors; 13 14 NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, THAT: 16 17 1. $1,500,000 is hereby appropriated from the fund balance of the Tourism 18 Investment Program (TIP) Fund to support the City's financial sponsorship of the 19 Festival. The City Manager is authorized to transfer amounts previously 20 appropriated within the TIP Fund in the event the financial sponsorship exceeds 21 this appropriation notwithstanding the transfer limitation in the Annual 22 Appropriation Ordinance. Any such transfer shall be reported to the City Council 23 prior to the end of the month during which the transfer occurred. 24 25 2. The City Manager is hereby authorized to execute a sponsorship agreement 26 between the City and Live Nation Worldwide, Inc., in a form acceptable to the 27 City Manager and approved by the City Attorney, consistent with the attached, 28 Exhibit A, Summary of Terms. The City's monetary sponsorship shall be tied to 29 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 , 2023. 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. I Budget aria-Management Services e o the ity Attorney CA16026 R-1 January 26, 2023 EXHIBIT A SUMMARY OF SPONSORSHIP BEACH IT! FESTIVAL 2023 Purpose: To have a country music festival (the "Festival") on June 23-25, 2023 at the Oceanfront from 1st Street to 8th Street. Parties: City of Virginia Beach ("City")and Live Nation Worldwide, Inc. ("Producer") City's Financial Sponsorship: City agrees to provide a financial sponsorship to the Promoter equal to the admissions taxes within the footprint of the Festival. The" footprint" includes 1st Street to 8th Street at the Oceanfront within the area subject to the Festival's special event permit and online ticket sales. 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's In-Kind Contributions: • Use of agreed-upon public parking lots for direct Festival support and rideshare. • City Public Safety and Public Works personnel as City resources permit. • Waiver of City charges for certain goods and services, including a) rent for use of beaches and the boardwalk; b) costs associated with traffic control, road closures, and crowd and pedestrian control; c) establishment of a command center comprised of various City employees; d) electrical power for vendors, but not power to the stages for the concerts; e)waterboards for vendors and other water needs; f) Fire Department services, including capacity determinations and inspections for vendors; g) sand fencing,cones,sand maintenance,and rail removal and replacement on the boardwalk; and h)trash pick up and removal. Producer's Responsibilities: • Produce a professional country music Festival that highlights the City of Virginia Beach. • Provide the City with the names of acts performing at the Festival by March 30, 2023. • Engage the Resort Area business community to activate and welcome participants. • Produce destination event marketing activities. • Provide fifty VIP passes to the City and access to VIP spaces for promotional purposes. • Secure and pay for entertainment, permits, licenses, and insurance required for the Festival. • Provide the City with point of sale information, attendance information and sponsorship information for safety/security and economic impact purposes within sixty(60)days of completion of the Festival. • Hire off-duty law enforcement and private security officers to supplement the City's Public Safety personnel. �.,. 11/4/3 Disclosure Statemen nning&Cof mm nt). Development _ 411111.11116;'°E.".--- 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 Ciity of Virginia Beach requiring action by the City Council or a City board,commission or other body. AvolicantPlisOsurtt Applicant Name ..tore Nation Entertainment Inc. Does the applicant have a representative? U Yes 0 No a If yes,list the name of the representative. Jim Raid is the applicant a corporation+,partnership,firm,business,,trust or an unincorporated business? © Yes 0 No • If yes,list the names of al officers,,directors,members,trustees,etc.below. (Attach a It if necessary) Otegery Boo WOW Andros'WyntlrMil Mitt Cope amid Modal%Ji Ave worth Anewlrbate* Nora-F..J4*, atekroJ * W*a1fnp airAtub t"8111.1ablinterettry OIlkor i 8wnler se`sitiesadorit susiosivisai tenor trIONN /wilt�►rtlef Bo we indle&New �o PrsstDserl.Mee E seuttrs Ofircer �&a,Di `�r w tor r wi r IMt. lh+s d t oinador led p.YoDirectorAAA fkmoston Joe Bertildoile a io.vrea since w Fa eprrite mitetirsr.�rr c1 v Uttip tosetRiegerho [ore rJellery secs Fa Jordan 1 ambit Mearrn an Wheat Q.li Mss 8dsstrs Kelm Ilitverfieft Cerise Irresbisnt.Latf n Areartoo Csikrssiesnt ,M14.14.4s . Ssetairy.Esecueve V t f3sfysnd COMM* Ind Dhabi4 poogr t Dhabi thwd4p.. et Otreaor <.'. E;I li 777:. r ) '..in T Sift Cain f Opal sung olritor-Calm 1YRi"m"" 't*Ii n0 ♦roMsel t?sctlp46614 DIrectior • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with theapplicant (Attach a list if necessary) '*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. *Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(t)one business entity has a contrdiir;g ownership interest in the other business entity,(ii)a controlling owner in one entity is also a oontrt>loling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are conflnan 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 woridng relationship between the entities." See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. 3 $ Page 1\ABDisclosure Statement Planning + 31Tnunx tizasatintstuatbyluldlLOWALatimabste Does an official Or employee of the tlty of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action?0 Yes a No • if yes,what is the name of the official or employee and what Is the nature of the interest? Applicant SeMces Disclosure 1. Does the appbcant have any existing financing(mortgage,deeds of trust,cross-collate ralizat on,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? 0Yes Eallo • if yes,Identify the financial institutions. 2. Does the applicant have a real estate broker/egent/:eettor for current and anticipated future sales of the subject property? 0 Yes ONo • if yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes GO No • if yes,Identity the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape archtted/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ill No • if yes,identify the firm or Individual providing the service. S. Is there any other pending of proposed purchaser of the subject property?a Yes CO No • if yes,Identify the purchaser and purchaser's service providers. 2jP ge Disclosure Statement 1113 Kan Sc Commit* mit* Devekpowid 6. Does the appdcant have a construction contractor in connection with the subject of the application or any business operating Of to be operated on the property?0 Yes El No • lives,identify the construction contractor. 7. floes the applicant have an engineer/swveytwf agent in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes 0 No • If yes,Identify the engineer/surveyor/agent. 8. Is the app#tant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ® No • if yes,Identify the name of the attorney or firm providing legal services. Aoofttt iligR, tre f certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. !understand that, upon receipt of notification that the application has been scheduled for public hearaig,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Coundl,9r DA,CBPA,Wetlands Board or any public body or committee In connection with this application. Applicant Sigture Jim Reid VP of Operations,Country Nation Print Name and Tide 1/13/23 Date Is the app#ant 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 MQthw s at Per sin 31P ge Disclosure Statement - MIA Nanifts&Comniun' Developmeitt r.. �a. Continue to Next Page for Owner Disclosure 4JP ge Disclosure Statement ) 83 inning& Conurunity Owner DiscIo urr Owner Name pp Name Live Nation Entertainment Inc. Alicantis the Owner a corporation,partnership,rant business,trust or an unincorporated business? 0 Yes 0 No • if yes,list the names of all offtcersr 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 Owner. (Attach a list if ner Cary) l r oiyp Otelehlitv Pub*,Officlolor Emplavet Does an official or employee of the City of Virginia Beech have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO 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 4i)one business entity has a controlling ownership Interest in the other business entity,ill)a controlling owner in one entity Is also a controlling owner in the other entity,or(Ili)there Is shared management or control between the business 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 entitles;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2,2-3101. 51Page Disclosure Statement _. _.. Plarming& Community Development '; ibtauritodsesStublium 1. Does the Owner have any eodsdng finandng(mortgage,deeds of trust,cross-colbaterailsdon,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 0No • If yes,identify the financial institutions. 2. Does the Owner have a real estate brofcer/agent/reattor for current and anticipated future sales of the subject property? 0 Yes 0 No • if yes,identify the real estate broker/reactor. 3. Does the Owner have services for acroounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property? 0 Yes 0 No • if yes,Identify the firm or individual providing the service. 4. Does the Owner have senrkes from an architect/landscape archlteaf land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • if yes,Identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes 0 No • 1f yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a constriction contractor In connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,Identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • if yes,identify the engineer/surveyor/agent. 6 Page DI$CLO$11,R.E5TATEMENT 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 appikatlon. SECTION 1 / APPLICANT DISCLOSURE Organization name: Gauntry Nation 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] IN°I SERVICE PROVIDER tusc.saiuoesal sheets t1 ® pupas ofyoor tat Mira Financial Services(include lending/banking institutions and current mortgage holders as applicable [� D] Legal Services J Stoker/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, Jim Reid 1/13/23 ' HUNT NAME DATE r NlA g�1. ``4•vvyJ .51 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $349,958 of Vacancy Savings within the General Fund to the Communications Office and to Authorize a Contract with the University of Virginia's Weldon Cooper Center for Community Engagement Regarding the City's Election System MEETING DATE: February 7, 2023 • Background: The City Council adopted Resolution #04192 on December 13, 2022, which directed the City Manager to develop a public input process to educate and survey residents regarding the City's election system and requested that this process be substantially completed prior to August 18, 2023. That date is the deadline to petition the Circuit Court for a referendum to be placed on the November 7, 2023, ballot. During the City Council work session on January 17, 2023, the City Attorney's Office and the Communications Department briefed Council on the history of the election system, the Holloway case and history, the 2021 General Assembly actions, and the 2022 election and potential viable options for an election system in 2024. The second half of the briefing focused on the planning and execution of an education and public engagement plan and an outline of a robust community engagement plan that includes contracting with the University of Virginia Weldon Cooper Center for Public Service for community engagement and resident survey efforts. • Considerations: The University of Virginia Weldon Cooper Center for Public Service (CCPS) was recommended by staff based on: • CCPS program's experience of offering highly specialized support in local government community engagement and public impact research, particularly as it relates to matters of public policy and elections. • University of Virginia (UVA) staff were not involved in previous court proceedings related to the case/issue (unlike, for reference, Christopher Newport University's Wason Center for Civic Leadership, whose academic director Dr. Quentin Kidd was a witness for the City in the Holloway case). • UVA's status as component unit of the Commonwealth allows a government-to- government contract, which avoids the 60-to-90-day period of time required to conduct a competitive RFP process. The proposed funding source for the work of the CCPS and additional community engagement and marketing is vacancy savings in the General Fund. This funding request is exclusive of any costs associated with public education related to a possible referendum. Should a referendum be ordered, there will likely be another funding request to support public education regarding such referendum. • Alternatives: The City Council can request to seek alternative proposals for a community engagement and survey partner. The start date would need to be adjusted to accommodate this request, and any delays could impact the August 18 deadline. In addition, should the City Council desire, the scope of the community engagement could be increased or amended. A change in scope may impact the timeline and/or cost. • Public Information: Normal City Council agenda process. As previously noted, this concept was presented to the City Council during its Informal Session on January 17, 2023. • Attachments: Ordinance; Proposed Scope of Work ("Exhibit A") Recommended Action: Approval Submitting Department/Agency: Communications Office City Manager: 1 AN ORDINANCE TO TRANSFER $349,958 OF VACANCY 2 SAVINGS WITHIN THE GENERAL FUND TO THE 3 COMMUNICATIONS OFFICE AND TO AUTHORIZE A 4 CONTRACT WITH THE UNIVERSITY OF VIRGINIA'S 5 WELDON COOPER CENTER FOR COMMUNITY 6 ENGAGEMENT REGARDING THE CITY'S ELECTION 7 SYSTEM 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1) $349,958 of vacancy savings is hereby transferred within the General Fund to 13 the FY 2022-23 Operating Budget of the Communications Office to support 14 survey work, public input sessions, and other community engagement and 15 marketing costs for public input on the City's election system. 16 17 2) The City Manager is hereby authorized to enter into a contract with the 18 University of Virginia's Weldon Cooper Center for Public Service for consulting 19 and surveying to assist in the public input process. The scope of such contract 20 shall be generally consistent with the proposed scope of work attached hereto 21 as "Exhibit A." Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services rn 's Office CM 6025 R-1 January 26, 2023 Exhibit A UIVERSITY Weldon Cooper Center for Public Service hug!! VIRGINIA coopercenter.org 2400 Old Ivy Road I PO Box 400206 Weldon Cooper Center Charlottesville, VA 22904-4206 for Public Service January 19th, 2023 Proposed Scope of Work Virginia Beach Election System Community Engagement Survey Prepared by the Weldon Cooper Center for Public Service University of Virginia The University of Virginia's Weldon Cooper Center for Public Service (CCPS) is well equipped to support the City of Virginia Beach and the City Council in systematically and inclusively engaging community residents to raise awareness of the local election system and receive community feedback on the current election system and preferences going forward. Drawing on the Cooper Center's research and government support expertise, Cooper Center staff will oversee and facilitate a series of community town halls, carry out a scientific probability-based community survey, and conduct an expert review of election system options and prepare recommendations accordingly for the City. To conduct the community town halls, the Cooper Center will train a diverse group of moderators to facilitate a total of twelve town halls, in a combination of in-person and virtual formats. At least one town hall will be conducted for each electoral district. CCPS will synthesize town hall feedback and prepare a summary report of findings. CCPS will prepare, administer, and analyze a survey of Virginia Beach residents to capture their experiences with the 2022 local election cycle and their preferences for the local election system going forward. To achieve statistically representative findings, we propose a mixed-probability, multi- mode survey design. More specifically, we recommend a stratified, address-based (ABS) probability sample of 4,500 households who will be contacted following a mail-forward design in which residents are first invited to complete the survey by paper, and are later presented with a web option for participation. The probability-based responses will provide the survey's basis for statistical inference of results to all Virginia Beach residents. Additionally, the Cooper Center will host a web-only, "open- source" survey available to residents not selected for the ABS sample. We will coordinate with the City to widely share the open-source web survey via social media, City communications, and any other channels the City deems appropriate. This mixed sample design enables statistically generalizable survey results in combination with maximized outreach and engagement for any City resident interested in providing feedback. The survey will follow a confidential protocol and be administered in English, Spanish, and Tagalog. To carry out its review of legally viable election system options for Virginia Beach, COPS will partner with a Virginia-based local election systems expert from UVA. With this partner, CCPS will review similar local election cases as well as Virginia election laws to prepare a report of recommendations on election system options going forward for Virginia Beach and advise on possible referendum question phrasing. Weldon Cooper Center for Public Service, University of Virginia 1 Virginia Beach Election Input Community Engagement Proposal This proposal contains the following elements: A. Scope of Work (page 2) B. Timeline (page 5) C. Budget for Services (page 6) D. Experience and Qualifications (page 8) The primary contacts for this proposal are Charles Hartgrove and Kara Fitzgibbon. Charles W. Hartgrove, ICMA-CM Kara Fitzgibbon, PhD Director, Virginia Institute of Government Director, Center for Survey Research Weldon Cooper Center for Public Weldon Cooper Center for Public charles.hartgrove(a�virginia.edu karaf(�virginia.edu Office: 804-371-0202 Office: 434-243-5224 A. Scope of Work Below is a breakdown of the specific Cooper Center services to carry out the proposed community engagement efforts. 1. The Cooper Center(CCPS)will oversee preparation and facilitation of the community town halls, including: a. Moderator guide preparation i. CCPS will consult with City staff to develop the key talking points and discussion questions for the town halls b. Consult with City staff to determine in-person vs. virtual plans for each electoral district i. CCPS will coordinate with the City on scheduling the town halls c. CCPS will identify and train town hall moderators i. In consultation with the City, a variety of town hall moderators will be selected to ensure community members feel reflected by the moderator's own characteristics ii. CCPS will coordinate with the City on which town halls, if any, may require Spanish translation support d. CCPS will be responsible for facilitating the community town halls i. A total of 12 town halls are budgeted, with a combination of in-person and virtual formats. e. CCPS will prepare summary report of town hall feedback 2. The Cooper Center will oversee all project preparation ahead of survey production, including: a. Questionnaire preparation i. CCPS will consult with City staff to develop the survey questionnaire ii. CCPS will format the paper questionnaire for mail administration. iii. CCPS will program the questionnaire using Qualtrics for web-based administration. iv. CCPS will be responsible for translation of the questionnaire into each Spanish and Tagalog b. CCPS will compose all mailing materials, with final approval by the City. Weldon Cooper Center for Public Service, University of Virginia 2 Virginia Beach Election Input Community Engagement Proposal i. CCPS will be responsible for translation of the mailing materials in each Spanish and Tagalog c. Sample preparation i. CCPS will obtain an addressed-based sample of approximately 4,500 households, with stratification across the 10 City districts to ensure adequate representation from each district. d. CCPS will obtain Institutional Review Board approval for the survey to ensure ethical research practices. e. CCPS will create a database (using FileMaker Pro) to manage the sample and assign unique code numbers for each household, track all contact events and responses including those received via the online version of the survey, and generate mailing materials such as mailing labels and cover letters. 3. CCPS will manage survey administration, including hosting the online questionnaire and printing, mailing, and tracking all respondent contacts. a. The survey production of the ABS sample will include: i. A personalized advance letter (in each English, Spanish, and Tagalog) describing the survey will be sent to all sampled households by first-class mail. The letter and outgoing envelope will bear the City logo to establish legitimacy and encourage respondent participation. All subsequent mailings will bear the University of Virginia, Weldon Cooper Center for Public Service logo to establish objectivity and confidentiality of the data. We also propose to print the City logo on all subsequent letters and on the outgoing envelopes to reinforce the partnership and importance of the project. ii. About a week after mailing the advance letter, survey packet#1 will be sent to the full sample. This packet will contain a personalized cover letter (in English, Spanish, and Tagalog), a paper version of the questionnaire (English), a mail- back post card the respondent may use to request a Spanish or Tagalog version of the paper questionnaire, and a postage-paid return envelope for completed questionnaire booklets. iii. Within 10 days of mailing the first survey packets, a postcard will be sent to all households with deliverable addresses. The postcard will thank those who have already completed the survey and remind non-responders about the initial survey invitation and request their participation. It will also invite participants to complete the questionnaire online if they prefer. The post card will include a short URL and code number with instructions to complete the survey online. iv. Approximately three weeks after sending the initial reminder postcard, CCPS will send a second full survey packet to all non-responders (after tracking responses received online and by mail). The second packet will again include a cover letter (English, Spanish, and Tagalog), a questionnaire booklet, and a postage-paid return envelope for completed questionnaires. The wording of this cover letter will be somewhat different from the first packet's cover letter and include instructions to complete the survey online as well as the final date to submit a response. v. About 10 days after sending the second survey packet, CCPS will send a closeout postcard as the final mail contact. This postcard will again announce the close date and provide instructions to complete the survey online. Weldon Cooper Center for Public Service. University of Virginia 3 Virginia Beach Election Input Community Engagement Proposal vi. Data collection will close approximately two and a half weeks after the closeout postcard is sent. vii. The following table summarizes the proposed contact strategy for the mail- forward sample: Contact Proposed Date Advance letter March 22, 2023 Paper survey packet#1 March 28, 2023 Post card reminder April 6, 2023 Paper survey packet#2 April 27, 2023 Closeout post card May 8, 2023 Close data collection May 26, 2023 b. As noted, a web-only survey will be made available concurrently to the probability- based ABS data collection. Any City resident may participate in the open-source survey. c. CCPS will enter the data from the paper questionnaires into a FileMaker database customized for data entry and validation. Data entry will be validated for a random sample of 10 percent of the paper questionnaires. d. Below is a table of production estimates used to calculate the survey costs. Please note, CCPS does not guarantee response rates. However, based on our prior experience surveying comparable communities, CCPS anticipates a response rate around 23%, yielding approximately 1,052 responses. Survey Production Estimates: Mail Contact Sent Received Advance letter 4500 Bad addresses 315 Paper survey packet#1 4500 Response to paper survey packet#1 309 r - ThankYou/Reminder postcard 4185 Response to reminder postcard 262 Paper survey packet#2 - referral to web ' 3876 Response to paper survey packet#2 368 Closeout postcard 3246 Response to closeout postcard 113 Returns by web 242 Returns by paper 810 Expected number of returns: 1,052 Final overall response rate: 23.4% Weldon Cooper Center for Public Service, University of Virginia 4 Virginia Beach Election Input Community Engagement Proposal Completion estimates are for budgeting purposes only. CCPS does not guarantee response rates. 4. CCPS will clean, analyze and report on the survey data. a. CCPS will prepare a machine-readable data file that combines the data from surveys completed by web from the ABS group, data entered by CCPS from the paper surveys completed by the ABS group, and data from the web-only, open survey. b. To provide data that is statistically generalizable to the City of Virginia Beach as a whole, CCPS will weight the probability-based responses to correct for sample stratification. This process is also known as base-weighting. CCPS will also weight the probability-based responses to match known population parameters on characteristics agreed upon with the client (e.g., racial affiliation, age, etc.). This process is known as post-stratification weighting. c. CCPS will prepare complete descriptive statistics of all survey questions. d. CCPS will run comparisons of all survey questions by up to five characteristics to be agreed upon with the client (e.g., residential district, racial affiliation, age, probability vs. nonprobability sample). e. CCPS will prepare a topline summary narrative report of the survey findings, with detailed tables provided in appendices as well as a dispositions and methodology report. This report will be delivered by June 13, 2023 so long as the City meets prior deadlines during survey preparation. f. CCPS will prepare a PowerPoint presentation of the survey findings. CCPS will present the results to City Council and/or an internal City-identified leadership team to allow for in-depth Q&A. 5. CCPS will review current election system and make recommendations on options for the City to consider moving forward a. CCPS will partner with a Virginia-based local and state election systems expert within the University of Virginia. This partner will consult with CCPS throughout community engagement process. b. CCPS, in consultation with election expert, will review local election system legal cases and Virginia state law to identify legally viable options for the City of Virginia Beach c. CCPS will prepare report of findings and recommendations d. CCPS may provide guidance on referendum question phrasing 6. By accepting this proposal, the City of Virginia Beach would receive a complimentary annual VIG membership retroactive to July 1, 2022. The City will also receive a complimentary annual VIG membership for FY24. The total value of the membership is $40,000 over two fiscal years and provides access to member services and programming discounts provided to local government organizations. B. Timeline Below is an overall timeline of the community engagement process across CCPS service, from town hall and survey preparation through delivery of results. In order to deliver the results by June 13, 2023, all of the following preparation dates in collaboration with Virginia Beach City must be met. Weldon Cooper Center for Public Service, University of Virginia 5 Virginia Beach Election Input Community Engagement Proposal Community Engagement Progress Milestones Proposed Date Kickoff planning meeting with Virginia Beach February 9, 2023 Draft survey conceptual outline February 10, 2023 Set tentative dates for town halls; select moderators February 15, 2023 Begin facilitating community town halls -February 22, 2023 Finalize survey sampling design March 3, 2023 Finalize survey questionnaire March 8, 2023 Launch survey w/ mailing of advance letter March 22, 2023 Conclude all town halls March 28, 2023 Deliver town hall findings report April 28, 2023 Close survey data collection May 26, 2023 Deliver survey findings and report on election system June 13, 2023 options Presentation to City Council Early to mid-July (date TBD) C. Budget for Services Cost of Services: Service Cost Subtotal PROJECT MANAGEMENT $22,469.00 $22,469.00 COMMUNITY TOWN HALLS $38,500.00 Prepare moderator guides and train moderators $8,500.00 Conduct town halls (12x, combination in-person & virtual) $24,000.00 Synthesize community town hall feedback $6,000.00 ELECTION SYSTEM CONSULTATION $35,000.00 Collab w/Virginia-based election system expert from UVA $12,000.00 Review of election system cases and Virginia election laws $14,500.00 Prepare report of legally viable election systems $8,500.00 SURVEY DESIGN & DEVELOPMENT $19,473.00 Questionnaire development $3,056.00 Non-English language translations $6,500.00 Preparation of questionnaire booklet $1,117.00 Construction of web survey instrument and welcome pages $2,266.00 Sampling and weighting plan $1,726.00 Trips (2x) to Virginia Beach $4,808.00 Weldon Cooper Center for Public Service. University of Virginia 6 Virginia Beach Election Input Community Engagement Proposal SURVEY PRODUCTION $47,004.73 Website maintenance and hosting $912.55 Purchase sample $830.00 Data base creation and management $1,316.00 Data entry $4,212.99 Advance letter N to mail out 4,500 Mail-out labor $599.00 Supplies, postage, printing $5,265.00 1st QA Mailout N to mail out 4,500 Mail-out labor $1,740.69 Supplies, postage, printing $14,673.84 Reminder/thank you postcard N to mail out (estimate) 4,185 Mail-out labor $189.25 Supplies, postage, printing $2,038.10 2nd QA Mailout, non-responders N to mail out (estimate) 3,876 Mail-out labor $1,439.75 Supplies, postage, printing $12,060.31 Closeout Postcard, non-responders 3,246 N to mail out (estimate) $146.50 Mail-out labor $1,580.75 Supplies, postage, printing SURVEY ANALYSIS & REPORTING $12,515.00 File preparation (merging, cleaning, weighting) $3,464.00 Data analysis $2,286.00 Topline Summary Report of Findings $2,982.00 Prepare Methods and Disposition Reports $881.00 PowerPoint presentations of findings $2,902.00 Direct costs for all services $174,971.73 Facilities & Administration (reduced University rate) 8% 13,996.94 TOTAL COST TO CLIENT $188,958.67 Weldon Cooper Center for Public Service, University of Virginia 7 Virginia Beach Election Input Community Engagement Proposal D. Experience and Qualifications Background on the Weldon Cooper Center for Public Service The Cooper Center serves localities in the Commonwealth in the context of a complex 21st century in which civic challenges are interconnected and problem-solving requires engaged communities and collaboration across traditional boundaries. In this new context, the Center is reimagining public service to ensure our work is impact-driven and focused on the needs of the diverse communities in Virginia; inclusive of leaders at all levels and of individuals with differing perspectives and from varied backgrounds; and guided always by our values of access, collaboration, commitment to community, and impact. The Weldon Cooper Center draws on eighty years of experience and expertise from across the organization to support the needs of our clients and partners. We conduct advanced and applied research in collaboration with clients so they may make a difference in governance and community life. To match the specific needs of the City of Virginia Beach, the Cooper Center's Virginia Institute of Government and Center for Survey Research will provide key contributions and collaboratively manage this community engagement project. Background on the Virginia Institute of Government The Virginia Institute of Government (VIG) is a business unit of the Weldon Cooper Center for Public Service at the University of Virginia. In addition to its full-time designated team, VIG has a rich network of consultants, facilitators, and subject-matter experts. VIG was established in 1994 by the Virginia General Assembly to provide training, technical assistance, and information resources to its member local governments. Due to the changing needs of Virginia communities over the last quarter century, VIG has expanded beyond its original mission. The goal of VIG is to become the central navigator for local governments to assist in building governance capacity and developing dynamic leaders at all levels. This will be achieved by curating a portfolio of services, partnerships, and best practices to serve our members and other clients. Through the Senior Executive Institute and LEAD programs, VIG provides professional development to local government leaders from communities across the country. Our staff also supports the continuing education programs and conferences for the Virginia Local Government Management Association, Virginia Government Finance Officers Association, Treasurers Association of Virginia, and Commissioners of the Revenue Association of Virginia. VIG draws regularly on the Cooper Center's intellectual and technological expertise to develop and deliver services. The director, Charles Hartgrove, is responsible for leading VIG's staff, daily operations, professional development programs, and consulting services. VIG has the ability to pull from subject matter experts within the Cooper Center, the University at-large, and external partners with experience designing and delivering programming for local government elected officials, senior executives, and staff. Background on the Center for Survey Research The Center for Survey Research (CSR) is a service unit of the Weldon Cooper Center for Public Service at the University of Virginia. CSR combines expert faculty, experienced staff, and advanced technical facilities to bring the best tools of quantitative and qualitative social science to the service of local government and state agencies, non-profit and private-sector clients, and academic researchers. Since its founding in 1988 as an interdisciplinary research and service organization, CSR has Weldon Cooper Center for Public Service, University of Virginia 8 Virginia Beach Election Input Community Engagement Proposal conducted thousands of telephone, mail, web and in-person interviews. Senior staff members make frequent contributions to the academic and professional survey research literature. CSR specializes in providing full-service survey methodology, including customized project design, professional interviewing, data collection, and data analysis. CSR continues to lead and innovate in conducting surveys and utilizing multi-mode approaches to ensure high completion rates. Further, CSR is committed to community-engaged research while supporting localities and agencies throughout Virginia. Through our research, CSR opens channels of communication to give voice to the main. By helping governments, community organizations, and researchers to measure attitudes, opinions, behaviors and interests, we enable them to serve their communities more effectively. Key Project Personnel Charles W. Hartgrove, ICMA-CM Mr. Hartgrove is the director of the Virginia Institute of Government (VIG) at the University of Virginia's Weldon Cooper Center for Public Service. He leads the staff and daily operations of VIG. This includes providing local governments professional/technical assistance, training programs, and consulting services. He is also responsible for the Senior Executive Institute (SEI), Leading, Educating, and Developing program (LEAD), and the Constitutional Officer Education Program. Prior to joining the Cooper Center staff in 2019, he most recently served as the chief deputy commissioner of the Virginia Department of Taxation. Hartgrove served as the agency's chief administrative officer and was responsible for all internal financial and general operations and the organization's strategic plan. He led special projects and served on several committees for the Secretary of Finance and the Governor's offices regarding workforce development, the gig economy, worker misclassification, and local government issues. Hartgrove worked as a senior executive for Virginia local governments for over twenty years. He has vast experience in the fields of organizational development, community engagement, strategic planning, financial administration, and community and economic development. He served as the deputy city manager of Lynchburg and as the town manager of Ashland (Hanover County), Middleburg (Loudoun County), and Gate City (Scott County). Hartgrove obtained a Bachelor's degree in government from the University of Virginia's College at Wise. He also received a Master of Public Administration and a Post-Baccalaureate graduate certificate in public management from Virginia Commonwealth University. He is a graduate of the University of Oklahoma's Economic Development Institute, Virginia Commonwealth University's Virginia Executive Institute, and the University of Virginia's Senior Executive Institute. He is an International City/County Management Association Credentialed Manager(ICMA-CM). Hartgrove previously served on the Executive Committee of the Virginia Local Government Management Association (VLGMA). Kara S. Fitzgibbon, PhD Dr. Fitzgibbon is Director of the Center for Survey Research. Dr. Fitzgibbon has worked at CSR since 2012, and during that time has been directly involved in over 100 funded survey projects, served as PI on dozens of these studies, and regularly designed and led qualitative research efforts, including both semi-structured interviews and focus groups. In her role as director, she maintains responsibility for Weldon Cooper Center for Public Service, University of Virginia 9 Virginia Beach Election Input Community Engagement Proposal the study design, budget, staffing, data and report deliverables of all research projects that are carried out through CSR. Dr. Fitzgibbon is also active in the field of survey research at the national level through committee memberships and conference presentations across several preeminent professional survey associations, including the American Association of Public Opinion Research (AAPOR) and the Association of Academic Survey Research Organizations (AASRO). In addition, she has co-authored several peer-reviewed academic articles based on her survey research. In addition to presenting at national conferences, Dr. Fitzgibbon regularly presents on survey findings to public community audiences as well as internal presentations for organizational leadership or other client-identified bodies. Dr. Fitzgibbon received her Ph.D. in Sociology from the University of Virginia with specialized training in survey methods. She also holds a Master's degree from UVA, and she received her Bachelor's degree from Washington and Lee University. She has experience teaching research methods and statistics. Weldon Cooper Center for Public Service, University of Virginia 10 r�u`N af�1 �v g', CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $140,000 within the Operating Budget of the Department of Parks and Recreation to Fund the Summer Youth Employment Program through the Remainder of the Fiscal Year MEETING DATE: February 7, 2023 • Background: The Summer Youth Employment Program (the "Program") allows youth between the ages of 16 - 21 the opportunity to develop skills, set career goals, earn money, and become financially empowered by placing them in meaningful summer jobs. The Program provides youth the opportunity to gain job experience through an eight-week summer program, and it includes educational programs in finance, budgeting, and saving via a financial empowerment component in partnership with Beach Municipal Credit Union. The Program provides participants with exposure to various City departments, and many participants have been hired by a City department at the conclusion of the Program. In total, the Program is expected to hire 100 youth and two job coaches in FY 2022-23. • Considerations: Without executing the requested transfer, the Department will be unable to conduct the Summer Youth Employment Program in FY 2022-23 at the previous capacity. The Department estimates that with current resources the program would be limited to 40 youth, a 60% reduction from previous years. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager: 1 AN ORDINANCE TO TRANSFER $140,000 WITHIN THE 2 OPERATING BUDGET OF THE DEPARTMENT OF PARKS 3 AND RECREATION TO FUND THE SUMMER YOUTH 4 EMPLOYMENT PROGRAM THROUGH THE REMAINDER 5 OF THE FISCAL YEAR 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $140,000 is hereby transferred within the FY 2022-23 Operating Budget of the 11 Department of Parks and Recreation to fund the Summer Youth Employment Program 12 through the remainder of the fiscal year. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ( - ./ it_A/N`A-. • -k7% Budget and Management Services i o e s Office CA1 6023 R-1 January 26, 2023 -At? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Out of School Time Program in the Department of Parks and Recreation MEETING DATE: February 7, 2023 • Background: Out of School Time is the largest childcare organization in Virginia Beach and serves approximately 7% of the VBCPS elementary school population of 28,700. Parks and Recreation's early childhood programs are licensed and serve children aged 2.5 years old to 5 years old. The Department of Parks and Recreation's contract with Eastern Virginia Medical School (EVMS) as the coordinating agency for the Mixed Delivery Grant Program through the Virginia Early Childhood Foundation will support programs focused on expanding access to the publicly funded preschool services for unserved and underserved three- to four- year-old children. This is a contract with EVMS, and there is no cost to the City to participate, and no local match is required. The contract will allow the Department of Parks and Recreation to receive up to $11,000 per program participant who meets certain financial requirements. This will allow the Department of Parks and Recreation to dedicate 31 spaces for children to receive services at Williams Farm (21) and Bow Creek (10). • Considerations: By participating in this grant program, the Department of Parks and Recreation's early childhood programs will be able to increase the access of the City's most vulnerable population to high quality preschool services, improve program quality through class support, engage families in the decision-making process and promote racial equality in access to high quality early childhood programs. • Public Information: Normal Council Agenda process. • Recommendations: Approval • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager: P Iirfi 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE OUT OF SCHOOL TIME PROGRAM IN 3 THE DEPARTMENT OF PARKS AND RECREATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $341,001 is hereby accepted from Eastern Virginia Medical School for the Mixed 9 Delivery Grant Program through the Virginia Early Childhood Foundation and 10 appropriated, with revenue increased accordingly,to the FY 2022-2023 Operating Budget 11 of the Department of Parks and Recreation to support the Out of School Time Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C. s Office CA16022 R-1 January 26, 2023 u4 s [ ,..",. `�,�lll J N� •/ �V . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $190,000 from the Commonwealth and to Authorize a Position in the Department of Human Services to Support Information Technology Infrastructure MEETING DATE: February 7, 2023 • Background: The Department of Human Services' Behavioral Health and Developmental Services (BHDS) Division provides services to individuals with mental illness, substance use disorders, and intellectual disabilities. Most services are licensed by the Virginia Department of Behavioral Health and Developmental Services (DBHDS) and fall under the DBHDS Performance Contract. DBHDS is allocating American Rescue Plan Act funds to all 40 Community Services Boards to support information technology infrastructure through the end of 2024. After this period, a portion of funding will be continued as an annual allocation using state general funds. • Considerations: This funding award will cover the period of December 1, 2022, through December 31, 2024. The total award will be $190,000, with $130,000 in one-time funding and $60,000 in annual funds. These funds must be used for IT infrastructure resources that will enhance the BHDS Division's ability to collect and share data with the DBHDS, such as manpower, equipment, and software licenses. The financial and clinical data reporting requirements have increased over the years along with higher levels of complexity. Because of these requirements, the Department of Human Services is requesting to use these funds to support one Systems Analyst II position, which will be responsible for managing reporting requirements. In May 2022, the City Council approved $80,000 in ongoing annual funding for IT infrastructure from DBHDS. The previously approved funding, as well as the $60,000 in ongoing funding included in this award will be used to support the annual cost of the position. • Public Information: Normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachment: Ordinance Recommended Action: Approval Submitting Depart ent/Agency: Department of Human Services City Manager: fi 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $190,000 FROM THE COMMONWEALTH AND TO 3 AUTHORIZE A POSITION IN THE DEPARTMENT OF 4 HUMAN SERVICES TO SUPPORT INFORMATION 5 TECHNOLOGY INFRASTRUCTURE 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) $190,000, including $130,000 in one-time funding and $60,000 in annual 11 funding, is hereby accepted from the Virginia Department of Behavioral Health 12 and Developmental Services and appropriated, with federal revenue increased 13 accordingly, to the FY 2022-2023 Grants Consolidated Operating Budget for 14 the Department of Human Services to support information technology 15 infrastructure. 16 17 2) 1.0 FTE is hereby authorized in the Grants Consolidated Fund for the 18 Department of Human Services. This position is contingent on continued grant 19 funding. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: (/<t,,,k AA_ Cjtird—j/W Budget and Management Services tto ey' ice CA16021 R-1 January 26, 2023 c u° � rs y`• Cli 4""+ttt 4' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $14,354.53 in State Aid from the Virginia Department of Forestry for Public Education, Outdoor Recreation, and Forest Conservation Initiatives MEETING DATE: February 7, 2023 • Background: The Virginia Department of Forestry has awarded funds from the Forest Sustainability Fund (the "Fund") by way of a State Aid Grant. The Fund was a result of legislation approved during the 2022 Virginia General Assembly, and it provides financial assistance to localities that allow land use valuation for forest use land. The Fund grants a portion of the forgone revenues back to the locality. The City had $1,040,058.03 in forgone revenue for forest use land for 2021. This year, 68 localities submitted applications with a total forgone revenue amount of nearly$72.5 million dollars. Each locality will be receiving a proportional share of this year's funding. The amount for each locality is determined by dividing the total forgone revenue of all the localities that applied, then multiplying that fraction by the amount budgeted for this year ($1 million). The Real Estate Assessor received an approved award letter on January 4, 2023. The City's grant award is $14,354.53. • Considerations: The grant funds must be used solely for public education generally or for projects related to outdoor recreation or forest conservation. Two potential programs for receiving funds are the Treetopia outreach event in the fall, as well as tree planting in urban heat islands. Treetopia is a yearly event held at Mount Trashmore which promotes tree planting on private land and educates the public on the importance of the urban forest. One of the newest directions for urban tree planting is identifying the heat island effect. Neighborhoods with lower tree canopy have higher temperatures during the summer and almost always correspond to a lower socio- economic status. Planting trees in these areas will lower the heat island effect, lower energy costs, and potentially increase real estate value. • Public Information: Normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Real Estate Assessor City Manager: ps PilQ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $14,354.53 IN STATE AID FROM THE VIRGINIA 3 DEPARTMENT OF FORESTRY FOR PUBLIC 4 EDUCATION, OUTDOOR RECREATION, AND 5 FOREST CONSERVATION INITIATIVES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $14,354.53 is hereby accepted from the Virginia Department of Forestry and 11 appropriated, with revenue from the Commonwealth increased accordingly, to the FY 12 2022-23 Operating Budget of the Department of Parks and Recreation for projects related 13 to public education, outdoor recreation, or forest conservation. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. 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 or s ce CA16027 R-1 January 26, 2023 L. PLANNING 1. KM CASH CONSTRUCTION CORP for a Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2) lots at 3536 Boyd Road DISTRICT 3 (Formerly District 6 — Beach) RECOMMENDATION: APPROVAL 2. TONY SAADY & LINA A. SAADY/ TONY J. & LINA AZAR-SAADY, TRUSTEES OF TONY & LINA SAADY REVOCABLE LIVING TRUST for a Variance to Section 4.1(m) of the Subdivision Regulations re subdivide two (2) lots at 5020 Lord Felton Lane DISTRICT 9 (Formerly District 4 - Bayside) RECOMMENDATION: APPROVAL 3. LUCY GWALTNEY CLAY LIVING TRUST for a Change in Nonconformity re renovate a secondary dwelling at 102A & 102B 45th Street DISTRICT 6 (Formerly District 6 - Beach) RECOMMENDATION: APPROVAL 4. AGI-VB HOLDING, LLC for a Modification of Proffers re amend the proffered conceptual plan associated with the 2014 Conditional Rezoning request and add a 2,100 square foot outside café and two 814 square foot storage units at 1925 Fischer Arch DISTRICT 2 (Formerly District 7 - Princess Anne) RECOMMENDATION: APPROVAL 5. LEGACY HAVEN ANIMAL RESCUE/ ELAINE SWARTS for a Conditional Use Permit re residential kennel at 5433 Hunt Club Drive District 1 (Formerly District 2 - Kempsville) RECOMMENDATION: DENIAL 6. LASHAWNA D.POWELL/SST HOLDINGS,LLC for a Conditional Use Permit re assembly use at 701 South Military Highway, Suite F DISTRICT 1 (Formerly District 2 - Kempsville) RECOMMENDATION: APPROVAL 7. VB BTS II, LLC/ VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA for a Conditional Use Permit re communication tower at 568 North Lynnhaven Road DISTRICT 8 (Formerly District 5 - Lynnhaven) RECOMMENDATION: APPROVAL 8. Ordinance to AMEND City Zoning Ordinance (CZO) Section 901 re allow for ice vending machines as accessory uses to shopping centers in B-2, B-3, and B-4 Zoning Districts (Sponsored by Vice Mayor Wilson) RECOMMENDATION: APPROVAL ziotzir...14 eci..°"4"''''''.041 gt ---_,As y'k .sertst 4 k F f,'s�s c•:: NOTICE OF PUBUC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, February 7,2023 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://vbRov.webex.com/vbRov/onstageg.php?MTID=e7f840879c4 e1cd3374de55cb9d7fb2b9 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on February 7,2023. The following requests are scheduled to be heard: City of Virginia Beach -An Ordinance to amend Section 901 of the City Zoning Ordinance pertaining to Ice Vending Machines(Sponsored by Vice Mayor Wilson) Tony Saady&Lina A.Saady(Applicants)Tony J&Lina Azar-Saady,Trustees of Tony&Lina Saady Revocable Living Trust(Property Owner)Subdivision Variance(Section 4.1(m)of the Subdivision Regulations)Addresses:5020 Lord Felton Lane&Parcel directly west of 5020 Lord Felton Lane GPIN(s): 1469838141,1469826953 City Council:District 9 VB BTS II, LLC (Applicant) Virginia Electric and Power Company d/b/a Dominion Energy Virginia (Property Owner) Conditional Use Permit (Communication Tower) Address: 568 North Lynnhaven Road GPIN(s): 1487983864 City Council:District 8 Lucy Gwaltney Clay Living Trust(Applicant& Property Owner) Change in Nonconformity(Expansion of a Nonconforming Use)Addresses: 102A& 102E 45th Street GPIN(s):2418974025 City Council:District 6 LaShawna D. Powell (Applicant) SST Holdings, LLC (Property Owner) Conditional Use Permit (Assembly Use) Address: 701 South Military Highway,Suite F GPIN(s):1456273699 City Council:District 1 K.M. Cash Construction Corp (Applicant & Property Owner) Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Addresses:3536 Boyd Road & Parcel between 3536 & 3528 Boyd Road GPIN(s): 1487731611,1487731685 City Council:District 3 AGI-VB Holding,LLC(Applicant&Property Owner)Modification of Proffers Address:1925 Fisher Arch GPIN(s):2414316336 City Council:District 2 Legacy Haven Animal Rescue(Applicant)Elaine Swarts(Property Owner) Conditional Use Permit (Residential Kennel) Address: 5433 Hunt Club Drive GPIN(s):1467312466 City Council:District 1 Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500, Virginia Beach, VA 23452 or online at www.vbgov.com/pc. For information call 757-385- 4621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303. If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Please check our website at www.vbgov.com/government/departments/city-clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-JANUARY 22,2023&JANUARY 29,2023-1 TIME EACH ' R7.5 .1R7X5 -R7.5 // . A 1 2 \ _________L_ , , Boyd Road R7-:5 1 Suite N Ma Site / K.M. Cash Construction Corp W�/A•\0��: Property_Polygons 3536 Boyd Road & Parcel between s Zoning 3536 & 3528 Boyd Road Building sciciCEME=Feet PLAN TRANS SURFACES 0 510 20 30 40 50 60 r'O i"j • -i% CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: KM CASH CONSTRUCTION CORP [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations)for the property located at 3536 Boyd Road (GPINs 1487731611 & 1487731685). COUNCIL DISTRICT 3, formerly Beach MEETING DATE: February 7, 2023 • Background: The applicant is requesting for a Subdivision Variance for Section 4.4(b) to deviate from the lot width for Lot 110-A. There is an existing single-family dwelling on site that was constructed across the property line in 1961. Both lots were created in 1952 and have remained under common ownership since. The applicant is seeking to reconfigure the lots by moving a portion of the interior lot line 12 feet to the east to build a new single-family dwelling on Lot 110- A. • Considerations: All dimensional requirements for R-7.5 have been met except for lot width on Lot 110-A. The lot will meet the street line frontage requirement of 75 feet, but since lot width is measured at the front yard setback, proposed Lot 110-A will be deficient in width by 12-feet to enable the proposed property line to go around the existing residence. The Planning Commission concurs with Staff that granting this variance will not adversely affect the character of the neighborhood. Since Lot 110-A is the only lot in the neighborhood that is currently vacant this will not become a trend in the neighborhood. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On January 11, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 9-0, to recommend approval of this request. 1. When these properties are subdivided, they shall be substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Parcel A"; dated December 8, 2022, and prepared by Bonifant Land Surveys, KM Cash Construction Corp Page 2 of 2 Inc. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. The design, size, and materials of the building shall be substantially in adherence with the submitted elevation exhibits dated May 12, 2021. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning & Community Development. 3. When Lot 110-A is redeveloped, the building exteriors shall substantially adhere to the renderings shown on page 7 of this report, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner KM Cash Construction Corp Agenda Item Planning Commission Public Hearing January 11, 2023 City Council District 3, formerly Beach 6 City of Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) /Staff Recommendation A` z Approval LAMPL AVE `" A . ;/- Z ___A__________ ViRGINIA Bt Staff Planner NX—...--- Michaels McKinney ___ a 264 LocationTr t BOYD RD 3536 Boyd Road &Vacant parcel east of 3536 ►„LBERST ` '.0 S y Boyd Road 9c WAYNE ST "2p p GPINs BARRYST p4 / 1487731611, 1487731685 sErn►w►�r►�-_, T�°-t, ,- pCONTINENTAL ST Site Size war \ WESTER:,vac,,,Kss 16,405 square feetTri AICUZ rii k ) / ) 1--- / Less than65dBDNL ` / Watershed Chesapeake Bay Existing Land Use and Zoning District �. . Single-family dwelling, undeveloped lot/R-7.5 I Residential .�,¢:c ., - - : 4, *. tt, -=. ,.._ „.._., i .....,ef'',f....,,,- .. Surrounding Land Uses and Zoning Districts 4 - 4 , ,y -. -4 North �; �` x . -264 F I .i '- s . ram""' South __ � , / ' c Boyd Road �. a ." ,., { ill Single-family dwellings/R-7.5 Residential East .RD Single-family dwelling/ R-7.5 Residential "-; t-- ,�. - ' .-. yr West s -i Single-family dwelling/ R 7.5 Residential _ -; i' 4 Irma rani-_ w : ems' r - . a - .S:r � a :ram--.; 4 ..t z.._.: , KM Cash Construction Corp Agenda Item 6 Page 1 Background & Summary of Proposal • The applicant seeks to reconfigure Lots 109 and 110 by moving the lot line 12 feet to the east in order to resolve the side yard encroachment issue and to build a new single-family dwelling on the proposed Lot 110-A.The reconfiguration is due to the applicants wish to maintain the existing residence.The proposed reconfiguration of the lot line will result in Lot 110-A being deficient in only lot width by 12 feet;thereby, requiring a Subdivision Variance request. • Lot 109-A is currently developed with a single-family dwelling that was constructed in 1961.The dwelling was built across property line between the lots as they were under a common ownership. • Ingress/egress access to a public street for both lots will be provided on Boyd Road. • Proposed development on the Lot 110-A includes construction of a one-story single-family dwelling with an attached garage. Exterior building materials consist of cultured stone and metal roofing. • As shown below,the proposed lots meet the dimensional standards for property zoned R-7.5 Residential District, except for lot width. Required Required Proposed Lot Required Minimum Proposed Lot Minimum Proposed Minimum Street Line Proposed Lot Width Lot Area Area Street Line Lot Width (feet) (feet) (square feet) (square feet) Frontage Fr(feet)e (feet) 109-A 75 75 7,500 8,792 60 75 110-A 75 63* 7,500 7,708 60 75 *Variance Requested I Elli /�,A: No ZoningHistoryto Report BOYD RD I � F 1_ Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental KM Cash Construction Corp Agenda Item 6 Page 2 Evaluation & Recommendation The proposal to reconfigure the lot line of two existing lots to create a new single-family dwelling, in Staff opinion, is acceptable as all R-7.5 dimensional requirements will be met except for lot width. The subdivision variance will allow for the existing residence to be maintained, meeting the proper setbacks,while a new residence can be built on the lot adjacent to it.The lot will have the proper street line frontage of 75 feet at the front however where the lot width is measured (at the front yard setback),the lot is deficient in width due to the property line being proposed around the existing residence only. 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. Staff Analysis: These properties were established prior to the adoption of the Subdivision Regulations. Strict application of the Ordinance produces an undue hardship as it will hinder the lots'ability to meet dimensional standards and construct a single-family dwelling on the property. 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. Staff Analysis: These two properties are surrounded by lots that are occupied by single family dwellings. This is the only vacant lot in the neighborhood, the proposed subdivision variance and construction of a new single-family dwelling would not be detrimental or adversely affect the character of the area. 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. Staff Analysis: The proposal is not recurring in nature;an amendment to the Ordinance is not required 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. Staff Analysis: The hardship is not self-inflicted. These properties were established prior to the adoption of the Subdivision Regulations. 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. Staff Analysis: The hardship is created by the requirements of the Ordinance. Lots 109 and Lot 110 were established prior to the Subdivision Regulations and the proposed lots meets all the minimum dimensional standards for property zone R-7.5 Residential District except for the lot width. This proposal to deviate from the dimensional requirements for Lot width is recommended for approval. In reference to Section 9.3 of the Zoning Ordinance,these parcels meet all dimensional requirements, except for lot width. A single- family dwelling is built over the lot line for Lot 109-A and Lot 110-A. In order for a new single-family dwelling to be constructed on Lot 110-A,the applicant proposes to move the lot lie 12 feet,then making the lot deficient in lot width. The applicant proposes to move a portion of the lot line that begins after the front yard setback 12 feet to the east. Jogging of this lot line will not impact any other dimensional requirements for lot 110-A and will allow the construction of a new single-family dwelling. KM Cash Construction Corp Agenda Item 6 Page 3 Approval of this request will not cause any adverse impacts to the character of the surrounding neighborhood and is not intended to cause a trend in this neighborhood. The majority of the lots in this neighborhood are developed with single- family dwellings. As stated previously, Lot 110-A is currently vacant and will be developed with a one-story single-family dwelling, consistent with the character of the neighborhood.There are no prior discretionary actions for a subdivision variance in this neighborhood, it is believed that the request would not become recurring in nature throughout the neighborhood. Additionally, Staff believes that this request is reasonable as the proposed residence is in keeping with the development pattern of the neighborhood. The applicant proposed the single-family elevations and intended that it was complimentary to the existing style within the neighborhood.The proposed elevations depict a ranch style, one-story single-family dwelling with a front facing one car garage. Based on these considerations, Staff is recommending approval of this request subject to the conditions listed below. Recommended Conditions 1. When these properties are subdivided,they shall be substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Parcel A"; dated December 8, 2022, and prepared by Bonifant Land Surveys, Inc. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. The design, size, and materials of the building shall be substantially in adherence,with the submitted elevation exhibits dated May 12, 2021. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning& Community Development. 3. When Lot 110-A is redeveloped,the building exteriors shall substantially adhere to the renderings shown on page 7 of this report,which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan's primary guiding principle is to create "Great Neighborhoods which are stable and sustainable. KM Cash Construction Corp Agenda Item 6 Page 4 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known natural or cultural resources on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Boyd Road No Data Available Existing Land Use 3=10 ADT Proposed Land Use 10 ADT 'Average Daily Trips 2 as defined by a single- 'as defined by a single- ° LOS = Level of Service family dwelling family dwelling Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The existing zoning supports two single-family dwellings with a total of 20 trips.There are no traffic counts available for Boyd Road. Public Utility Impacts Water City water is available.There is an existing six-inch city water main along Boyd Road Sewer City sanitary sewer is available. There is an existing eight-inch city sanitary sewer gravity main along Boyd Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 12, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 25, 2022 and January 1, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 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 January 5, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 22, 2023 and January 29, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 23, 2023 KM Cash Construction Corp Agenda Item 6 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 February 3, 2023. KM Cash Construction Corp Agenda Item 6 Page 6 Existing Lots i h v; M h k V "- W atn05 sss 3t rN+J � .o Z ,,,,v,d x Kis vw�Jrw 41 Z• y 11 ,00011 3.64*L00 S kt f �8 a 4 W b 3 oU I o ,a� ,d LI --- . 1 .11, 11 tz,col ,' • -','%,,e, c. 8 pV It 4.1 h10 ! 2 WW1r • m N N.6L.t400 N • ,tr, ck arrr b Ni.8s 6l ct m W #.5L,0 N .t� A.6Z.,400 N 3 x. x. g _ —Tag tz ---rn m fJ �Na• 0 a) T ,~� 8 T o..,Q ,ht KQ h w .*Vi .00YJUU AI.640400 N f fl w., g-- 0 4 • KM Cash Construction Corp Agenda Item 6 Page 7 Proposed Subdivision 11 Ni nYh �,vFz ~� 'NJY'+% ^661/f8E1 10141& 4 3 ry 7,ti•YIdY15 Y IN/OW tti;� m 2 i . .001211 3.641Z00 S �, a I Vag C (4J 0t Iii 1 W vn -• �. LY A VeiOr h Q.) m .� 4' Ai.6L*L00 N ‘ti h 0 1 2 ,� c2 ✓H,L; ,wA % r kN g .Ll'V* h h .8161 rb 4 W A.6410400 N 2 • M 6e.t4010 N':3 1 Q > I z I 1 ) i I I I <QbL4k' 1 N 0 J Q o^ine g i *W 'I ,00V1/ M.6efi00 N (' 4 } is ^O =C N N l Q / p. ''Vr11‘). p /QPo' KM Cash Construction Corp Agenda Item 6 Page 8 Proposed Elevation Plan V .A1AA'0 ' ,,, : ,,,Ii' ..-J ig t� . r�{ i siks l ..P ; off, r� p irwero ; . ti .. , • ibr t Ii•.it4. a.p• .J .Outirgr-AN 77, .,bi-::-. .. . ‘t 1 tiii._:i :10:011. iiiiiiii.4 4 , I Wiitom, •�U t\ E I ;14.12.-r1.::,:i.,,.to_.4,.lr:Liliiii 1��t - \ ,..d rar. • —Iz! . t „ ...1 ...: .,,...„,.i, 3�••'e. t i -.,. ®�' k,1--aAK j —_; —.- .—. ®s Its +-- - - `..1, wa�lmono 1 v 4 11 S..:i .• 'c.�_:; ._:e4:... `ram z r—l= >I a [;; 1 iE ' ,o i 1 , I .: w t i. 4 . , , i ,. „. : -, , I, .7.7::111 • i i 't •mM 'I O',y 1 i _ r �'y O si .91: ; 1:: I i V 1 - N. KM Cash Construction Corp Agenda Item 6 Page 9 Site Photos - 23Mimiiimisih.__ Y ,; a.i - li:„ a 41 iP 0 — }r a. `Wa. i ', ' ,�s,t r l . .� , �„ o iw# a ,, i.•y„ •44k*,.:Zfi ;:' . . ; A it arur�a,' ,.�. .0* w�a*:.<:;."' 4-., ., • r- .. �. �. , • _ 4•% t , • a • i, C k. „•. . ems. -,.., ic'7,0V''';‘-- ' ---___•,— _ it ji E iv., :, _.., .•:I,:I ).1, • ea i.' 11.1 i • Ir. ' _ .. . ' • .' - ,11,1,t, .1.1 , 1, 7 _ .-- 0:7----.....„.....72:_. _ ....., , - • KM Cash Construction Corp Agenda Item 6 Page 10 Disclosure Statement • Disclosuri Statement O t . J 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 J" , C4s qm kJ age 1 __— Does the applicant have a representative? Yes ❑No • If yes,list the name of the representative. Te,/ 440C1S Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes )4 No • !f yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business 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. "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 De consloered In determining the existence or an arnliated business entity relationship IncluUe 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 11.09.2023 1 KM Cash Construction Corp Agenda Item 6 Page 11 Disclosure Statement Disclosure Statement Planning&Community .• • ' Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes XNo • 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? Nfif Yes ❑No • If yes,identify the financial institutions providing the iservice. 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 IikNo • 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? es ❑No • If yes,identify the firm and individual providing the service. - sse ) l c-Th l)-e-S �`�•G_ 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ,No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage KM Cash Construction Corp Agenda Item 6 Page 12 Disclosure Statement Disclosure Statement PlanningDevelopment. 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?XYes ❑No • If yes,identify the company and individual providing the service. l�.�'Y► C k _Co NI s-w R1oJ Core? 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. t-1-4—.sse 1 1 d \cue c , ice. p 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 t 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 con 'on with this application. Applicant Signature Ve/TJC�� - 1 Print Name and Title Date Is the applicant also the owner of the subject property? Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that perta!ns to the applications Q9 j w ch "a 1 na t. 01/19/2023 slim'"? -10 — testaame Michaels D.McKinney Revised 11.09.2020 3 I P a g e KM Cash Construction Corp Agenda Item 6 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. KM Cash Construction Corp Agenda Item 6 Page 14 Virginia Beach Planning Commission January 11, 2023, Public Meeting Agenda Item # 6 K.M. Cash Construction Corp (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Addresses: 3536 Boyd Road & parcel between 3536 and 3538 Boyd Road RECOMMENDED FOR APPROVAL —CONSENT Mr. Horsley: Thank you, Ms. Oliver. Next item is item #6, K.M. Cash Construction Corporation Subdivision Variance, is there a representative here. Please state your name. Ms. Harris: Hi, my name is Betty Harris. I'm with Cooper's Consulting representing the applicant and owner K. M. Cash Construction Corporation with this proposal. We are amenable to the staffs three recommendations, and also we would like to thank staff for their support and recommendations with this proposal. Mr. Horsley: Thank you, ma'am. Is there any opposition to this application? Hearing none I've asked Mr. Jack Wall if he would read it. Mr. Wall: Thank you. Like you said this is an application for a Subdivision Variance. The applicant and property owner K.M. Cash Construction Corporation located at 3536 Boyd Road. The applicant seeks to reconfigure two lots by moving a lot line 12 feet to the east in order to resolve the side yard encroachment issue and to build a new single family dwelling on the new proposed lots. The reconfiguration is due to the applicant's wish to maintain the existing residence. The proposed reconfiguration of the lot line will result in lot 110-A being deficient lot width by 12 feet, thereby, requiring a Subdivision Variance request. Lot 109-A is currently developed with a single family dwelling that was constructed in 1961. The dwelling was built across a property line between the lots as they were under common ownership. The proposed development on lot 110-A includes construction of a one story single-family dwelling with an attached garage. The exterior building materials will consist of stone and metal roofing. The proposed lots meet the dimensional standards for property zoned R-7.5 Residential District except for the lot width. The Subdivision Regulations states that no variance shall be authorized by the Council unless it meets certain criteria including the hardship of this is created by the physical character of the property. The staff's analysis and our opinion as well as the hardship is not self-inflicted. The properties were established prior to the adoption of the Subdivision Regulations. Staff recommends approval. There's no known opposition and the conditions are acceptable to the applicant. Therefore, we have placed this item on the consent agenda. Mr. Horsley: To summarize, we've got five items on the consent agenda, #1 City of Virginia Beach, #2 Tony Saady, and Lina Saady, #4 Lucy Gwaltney Clay, #6 K.M. Cash Construction Corporation, and #7 AGI-VB Holdings, LLC. Mr. Chairman, I have placed the motion that we approve these applications by consent. Mr. Alcaraz: Thank you, Mr. Vice Chair. Thank you. Do I have a motion to approve the consent as read by the Vice Chair. I have a motion to approve, Mr. Horsley and a second by Mr. Weiner. Madam Clerk: The vote is open. Mr. Horsley and Mr. Weiner, can you hit motion and second please. Vote is open. By a vote of 9 in favor, and 0 against agenda items #1, 2, 4, 6, and 7 have been recommended for approval by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons AYE Coston ABSENT Cuellar ABSENT Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When these properties are subdivided, they shall be substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Parcel A"; dated December 8, 2022, and prepared by Bonifant Land Surveys, Inc. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. The design, size, and materials of the building shall be substantially in adherence, with the submitted elevation exhibits dated May 12, 2021. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning & Community Development. 3. When Lot 110-A is redeveloped, the building exteriors shall substantially adhere to the renderings shown on page 7 of this report, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. mr------ , .Y--" C ' 0 0' � R40 R40tit* -0 „ laY S R40 co� iortP\ R\40 � •� , �� '�o 11 # Veu \R40 ,o'-' ,, _. R40 R40 \ „" ,.-- --1 / /,, 0 . ra Suite N /// Site Tony Saady & Lina A. Saady W � 'k. _J Pro ertv_Polvgons 5020 Lord Felton Lane & Parcel directlywest of S Zoning 5020 Lord Felton Lane Building Feet I PLAN_TRANS_SURFACES 0 2040 80 120 160 200 240 ..E ""1\ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TONY SAADY & LINA A. SAADY [Applicants] TONY J. & LINA AZAR-SAADY, TRUSTEES OF TONY & LINA SAADY REVOCABLE LIVING TRUST [Property Owner] Subdivision Variance (Section 4.1(m) of the Subdivision Regulations) for the property located at 5020 Lord Felton Lane & parcel directly west of 5020 Lord Felton Lane (GPIN 1469838141, 1469826953). COUNCIL DISTRICT 9, formerly Bayside MEETING DATE: February 7, 2023 • Background: The two existing lots were created by deed in 1951, prior to the adoption of the City's Subdivision Regulations. Lot B-1 is developed with a single-family dwelling that will remain and Lot B-2 is currently vacant. The applicant seeks to subdivide these two lots into three single-family dwelling lots. A Subdivision Variance to Section 4.1(m) of the Subdivision Regulations is needed as the existing right-of- way width for Lord Felton Lane, is only 16 feet wide, where the Ordinance requires a minimum width of 24 feet. Existing conditions today show up to 4-feet of Lord Felton Lane pavement is on the applicant's property. Except for street width, the proposed lots meet all the dimensional standards for property zoned R-40 Residential District. • Considerations: Section 9.3 of the Subdivision Regulations provide criteria for which City Council may grant Subdivision Variance requests. The Planning Commission finds that the strict application of the Ordinance produces an undue hardship as requiring the widening of Lord Felton Lane will hinder the lots' ability to meet dimensional standards. These lots and substandard width of Lord Felton Lane were established prior to the adoption of the Subdivision Regulations. The street has existed in its current condition for many years without incident and the City has no current plans to widen or otherwise improve Lord Felton Lane beyond what exists today. As Lord Felton Lane pavement encroaches onto the applicant's property, the applicant is agreeable to dedicating a 4-foot strip of land to fix this encroachment. The hardship occurs due to the timing of the dedication, which, if dedicated on the subdivision plat, would make the lots too small and would require a second variance as to lot size. The applicant has agreed to Condition#3 that the dedication for the road width will occur, but that it will take place immediately after the plat is recorded and prior to any development of the lots. Tony Saady & Lina A. Saady Page 2 of 2 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On January 11, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 9-0, to recommend approval of this request. 1. When these properties are subdivided, they shall be substantially in accordance with the submitted subdivision exhibit entitled "Subdivision Plat of Part of Site B2," dated January 5, 2022, and prepared by MSA, P.C. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When Lots B2-A and B2-B are developed, the building exteriors shall substantially adhere to the renderings shown on page eight (8) of this report, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The applicant shall reserve for dedication to the City land toward making Lord Felton Lane a minimum of 24 feet wide. Said reservation for future dedication shall be a minimum of four (4) feet wide along the entire length of Lord Felton Lane that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. 4. The land seaward of the site along Lake Smith is City of Norfolk's property. Management of vegetation and trees within this area shall be coordinated with the City of Norfolk. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ( \. Submitting Department/Agency: Planning Department C City Manager: fir9 Applicants Tony Saady & Lina A. Saady Agenda Item Property Owner Tony J. & Lina Azar-Saady, Trustees of Tony & Lina Saady Revocable Living Trust Planning Commission Public Hearing January 11, 2023 2 Virginia Beach City Council District 9,formerly Bayside Request Subdivision Variance (Section 4.1(m)of the Subdivision Regulations) Staff Recommendation ArENST°"Eo- •' Approval WA 7— ,-... . Staff Planner .....,,sad "' iik it R _ Hoa N. Dao c �,E \ . / Location "-Z,� 1 1 5020 Lord Felton Lane & parcel directly west of -16--- ��,z• 5020 Lord Felton Lane ° G P I N eR o �ER ' 13 1469838141, 1469826953 Csi.,, Pr 4.4`� Site Size -\T 2.75 acres AICUZ 14o G�PJ°\i' Less than 65dBDNL ��1� Watershed 004 Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling, undeveloped parcel/ R- •40 Residential * ' t5� _�� j Surrounding Land Uses and Zoning Districts �o North -13 t;.�� - l - Lake Smith ) � - -° Single-family dwellings/ R-40 Residential - tcl ' °� ,.:- .t_ - South r . _ ., Lord Felton Lane r R Single-family dwellings/ R-40 Residential • ;'- _ :.`. -p=' ..."; . East k.;l ;:k, ti� Single-family dwelling/ R-40 Residential :,i !' 1 ""` West ` f 4 �. Lake Smith 3 ' � �. . •. - ` , f # Single-family dwelling/ R-40 Residential ,� . , s - t• .°:- Tony Saady& Lina A. Saady Agenda Item 2 Page 1 Background & Summary of Proposal • The applicant seeks to subdivide two existing lots into three single-family dwelling lots. A Subdivision Variance to Section 4.1(m) of the Subdivision Regulations is needed as the existing street width is only 16 feet wide, where the Ordinance requires a minimum street width of 24 feet. • The two current lots were created by deed in 1951, prior to the adoption of the Subdivision Regulations. Lot B-1, as identified on the site layout on page six of this report, is developed with a single-family dwelling that will remain. Lot B-2, also identified on the site layout on page six of this report, is currently vacant; a residence formerly located on this site was demolished in 2009. • As shown below,the proposed lots meet the dimensional standards for property zoned R-40 Residential District. Required Required Proposed Lot Required Minimum Proposed Lot Proposed Minimum Area Minimum Proposed Lot Lot Width Width Lot Area Street Width Street Width (feet) (feet) (square feet) (square feet) (feet) (feet) 81-A 125 197.43 40,000 40,000 B2-A 125 210.06 40,000 40,000 24 16* 82-B 125 130.30 40,000 40,000 *Variance Requested --'-1/4\7 '�l \---,.:. ' (7 ,i*? No Zoning History to Report It UIft, . cil7In,-- Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The proposal to create three single-family lots out of two existing lots, in Staff's opinion, is acceptable as each lot will meet the minimum dimensional standards for property zoned R-40 Residential District. Lord Felton Lane is a Tony Saady& Lina A. Saady Agenda Item 2 Page 2 substandard right-of-way being only 16 feet wide rather than the 24 feet minimally required under current standards for an alley. As the street has existed in its current condition for many years without incident, as the City has no plans to improve and widen Lord Felton Lane beyond what exists today, and as increasing the right-of-way width would significantly alter the character of the area, Staff is supportive of the request to deviate from this requirement. Existing conditions today show a portion of Lord Felton Lane pavement is up to 4' existing on the applicant's property. Condition 3 is recommended that requires a minimum dedication of four feet wide along Lord Felton Lane,which is half of the width requirement for a 24 feet wide alley.The applicant is agreeable to this condition. Although this required dedication will technically reduce the lot areas just under 40,000 square feet for each lot when the lots are legally recorded,the operation and usage of Lord Felton Lane will not change and the minimal dedication will not have a demonstrable difference in the appearance of the residences on the lots. Section 9.3 of the Subdivision Regulations indicates that City Council shall not approve a Subdivision Variance unless specific findings can be made. A brief analysis of each required finding is provided below. No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. Staff Analysis:These properties and substandard width of Lord Felton Lane were established prior to the adoption of the Subdivision Regulations. Strict application of the Ordinance produces an undue hardship as requiring the widening of Lord Felton Lane will hinder the lots'ability to meet dimensional standards. The hardship occurs due to the timing of the dedication, which, if dedicated on the subdivision plat, would make the lots too small and would require a second variance as to lot size. The applicant has agreed to the condition that the dedication for the road width will occur, but that it will take place immediately after the plat is recorded and prior to any development of the lots.A reservation for this future dedication will be shown on the subdivision plat. 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. Staff Analysis: The surrounding area consists of single-family dwellings. The proposed single-family developments would not be detrimental or adversely affect the character of the area as it will continue the established pattern of development. 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. Staff Analysis: The proposal is not recurring in nature;an amendment to the Ordinance is not required. 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. Staff Analysis: The hardship is not self-inflicted. These properties and width of Lord Felton Lane were established prior to the adoption of the Subdivision Regulations. 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. Staff Analysis: The hardship is created by the requirements of the Ordinance. The substandard width of Lord Felton Lane was established prior to the Subdivision Regulations and the proposed lots meets the minimum dimensional standards for property zone R-40 Residential District. In sum,the proposed lots will not be out of character with the surrounding area.These properties are located in Lakeview Park where many of the lots and streets are substandard by today's standards, as they were established before the Tony Saady& Lina A. Saady Agenda Item 2 Page 3 Subdivision Regulations were put into place in 1953. Based on these considerations, Staff recommends approval of the Subdivision Variance request subject to the conditions listed below. Recommended Conditions 1. When these properties are subdivided,they shall be substantially in accordance with the submitted subdivision exhibit entitled "Subdivision Plat of Part of Site B2," dated January 5, 2022, and prepared by MSA, P.C. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When Lots B2-A and B2-B are developed,the building exteriors shall substantially adhere to the renderings shown on page eight (8) of this report,which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The applicant shall reserve for dedication to the City land toward making Lord Felton Lane a minimum of 24 feet wide. Said reservation for future dedication shall be a minimum of four(4)feet wide along the entire length of Lord Felton Lane that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. 4. The land seaward of the site along Lake Smith is City of Norfolk's property. Management of vegetation and trees within this area shall be coordinated with the City of Norfolk. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as located within the"Suburban Area."Three guiding planning principles have been established to guard against possible threats to the stability of Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive.This is accomplished by providing planning guidance that ensures appropriate and sustainable use of land,the protection of natural and designed open spaces as well as places and buildings or cultural and historic significance, and the provisions of utilities,transportation, and services adequate to meet existing and future needs. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Preservation Area and is adjacent to Lake Smith. Lake Smith serves as a drinking water reservoir for the City of Norfolk. The land seaward of the site along Lake Smith is City of Norfolk property. Management of vegetations and trees withing this area should be coordinated with the City of Norfolk. There are no cultural resources present on the site. Tony Saady& Lina A. Saady Agenda Item 2 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lord Felton Lane No Data Available Existing Land Use 2—10 ADT Proposed Land Use 3—30 ADT lAverage Daily Trips 2 as defined by a single-family 3 as defined by three single-family 4 LOS=Level of Service dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Lord Felton Lane is a two-lane undivided 16-foot-wide local street. There are no roadway improvements scheduled for this roadway. Public Utility Impacts Water City water is available.There is an existing four inch city water main along Lord Felton Lane. Sewer City sanitary sewer is available.There is an existing eight inch city sanitary sewer gravity main along Lord Felton Lane. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 12, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 25, 2022 and January 1, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 22, 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 January 5, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 22, 2023 and January 29, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 23, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on February 3, 2023. Tony Saady& Lina A. Saady Agenda Item 2 Page 5 >- N LD co E N co . !n A-+ d < 1c ca 2 C C GJ Jx an W < -o (B as to >- 0 I- 01222-34,-.3?-eiWI Mel (fWA1 Ns ad rill all fir.9d!d a/ d9,0 M2110.1.1 r ar fig 3/ (arc-ax a/rat ay.) (or 3d 21 M)(.-!W,Ja2/94 4 ka.40-(/ (ocrira oosa/cW/SA) V(4.1 o mw-" d O JYY Mind 7 v/ ,ot»v .1. 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Saady Agenda Item 2 Page 8 Site Photos ffilir Mr -.wow imiliimp, 47:71,01r, ; ' 'r�• _r.rir��'a�• S et,�• �R ¢ �• as .- s ,--—t . -. -.....i.„ --. 1,,. , -7-., -__,,,,‘„,,;,„kw....,-. ....v., •,:,:‘,.‘e.:.iv/.4-.1‘.., ' '..*:..7. ;111. t t• [� ,fit r ,,� ~a/ .- T .• .. _ 1, 4 Y -` �_ �s� ---* rat_',,, � ---- - _ ,-- - _ - - ------- - - --i v4. If , , ... ,, iA1s / -J 'r / :: V. Ay T `i `' r Ie E j-'':-, .1.1,4r!... 4,0%.*: , - -s_i.*t'-, f - ...... ,V I 0.44 . 4.:. •, ;. 01 " .4.....,...,,....,'.--,. 1:4. - A ,', At!.....":411106'..••.: . 14 lit Ai,1�.;_• t'..•mo S .''y I r.'1'a� t ''"'-: -4.t. `.•. •*, .. 't. �.'• -it; ).-.. ---.. ;,,pw....4.,,,,,,t_.4,....„, -•,•,-. ..-,: ... , ,--. .. 4,,-.• -•,--.,-, ,, .4.,,,.: .....„, ..,,,. :, ---, . • •. ,---.- - t ,„, ,, . .. -.,,. -._ ,,, -, • .. ...„ _.• ,, , , .,. .,.. , •...,_ ....,,,. ,„,-,.- .,,1'-' - ', „_ ' 4 ` r :1 , le'4. !`fir :7.,. ,_ , „MO.,.Tifk,...- -......c.-------_ . . - _- p- - sue' '1 -, tom,ti - - ' _.. -.,,_ f _ _.fir- r:, ' s • 4rolei, Tony Saady& Lina A. Saady Agenda Item 2 Page 9 Disclosure Statement Disclosure Statement \13 City ofIrOI 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 Tony Saady&Lina A.Saady,individually and as Trustees of The Tony and Lina Saady Revocable Living Trust Does the applicant have a representative? •Yes 0 No • If yes,list the name of the representative. R Edward Bourdon,1r.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. 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) Title to one(1)parcel is held by the applicants'Revocable Living Trust to which they are the Trustees and Beneficiaries • 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. Re✓esed 11 09.2020 1 Tony Saady& Lina A. Saady Agenda Item 2 Page 10 Disclosure Statement Disclosure Statement -ity of Planning&Commun' Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the financial institutions providing the service. NewTowne Mortgage/Mortgage Electronic Registration Systems,Inc. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑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 2 Tony Saady& Lina A. Saady Agenda Item 2 Page 11 Disclosure Statement Disclosure Statement city of i t yi,sa oaf _ 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 U 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?N Yes ❑No • If yes,identify the firm and individual providing the service. Jeffrey Vierrether,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?NE Yes ❑ No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form 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 intonnection with this application. Applicant Signet � _ Tony J.Saady,Individually&as Trustee Una A.Saady,Individua y&as Trustee Print Name and Title 'J / L � Z.li 1 U �V2-OZZ— Date /// Is the applicant also the owner of the subject property? IN 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 charges as of Date 2023.01.19 Signature Print Name Hoa N.Dao Revised 11.09.2020 3 I Tony Saady& Lina A. Saady Agenda Item 2 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Tony Saady& Lina A. Saady Agenda Item 2 Page 13 Virginia Beach Planning Commission January 11, 2023, Public Meeting Agenda Item # 2 Tony Saady & Lina A. Saady (Applicants) Tony J. & Lina Azar-Saady, Trustees of Tony & Lina Saady Revocable Living Trust (Property Owner) Subdivision Variance (Section 4.1(m) of the Subdivision Regulations) Addresses: 5020 Lord Felton Lane & parcel directly west of 5020 Lord Felton Lane RECOMMENDED FOR APPROVAL—CONSENT Mr. Horsley: Next is Item #2, Tony Saady and Lina A. Saady, it's a Subdivision Variance. Please come forward representative Mr. Bourdon. Mr. Bourdon: Thank you Mr. Horsley, Mr. Chairman, and members of the Commission, for the record Eddie Bourdon, Virginia Beach Attorney representing Tony and Lina Saady. Tony has come down to the meeting this afternoon. We greatly appreciate being on the consent agenda. All four conditions as recommended by the staff are acceptable. Appreciate Hoa's work on this application, thank you. Mr. Horsley: Thank you, Mr. Bourdon. Are the conditions acceptable? Mr. Saady: Yes, all four conditions are acceptable. Mr. Horsley: Thank you, sir. Are there any opposition to this item? Hearing none, Mr. Redmond will read the item #2. Mr. Redmond:Thank you, Mr. Vice-chairman. This is an application of Tony and Lina Saddy for a Subdivision Variance Section 4.1(m)of the Subdivision Regulations at 5020 Lord Felton Lane in Virginia Beach in what used to be called the Bayside district. The applicant has a fairly simple application. The applicant seeks to divide two existing lots into three single-family dwelling lots. Subdivision Variance Section 4.1 of the Regulations is needed as the existing street width is only 16 feet wide, where the Ordinance requires a minimum street width of 24 feet. Two current lots were created in 1951 prior to the adoption of those Subdivision Regulations. Lot B1 is identified on the site layout that you can see before you and is developed with a single-family dwelling that will remain. Lot B2 is also identified on site layout and is currently vacant. There will be three lots created by this. The Commission has found, and the staff has found, and recommended approval that there is no hardship created to the public. All three lots to be created will be R-40, which is a minimum of 40,000 square feet. It's a very secluded spot. You wouldn't even know that there were a difference between 24 and 16 feet. There is no opposition to this application. As I say the staff recommended approval, and the Planning Commission therefore consents. Thank you, Mr. Vice Chairman. Mr. Horsley: To summarize, we've got five items on the consent agenda, #1 City of Virginia Beach, #2 Tony Saady and Lina A. Saady, #4 Lucy Gwaltney Clay, #6 K.M. Cash Construction Corporation, and #7 AGI-VB Holdings, LLC. Mr. Chairman, I have placed the motion that we approve these applications by consent. Mr. Alcaraz: Thank you, Mr. Vice Chair. Thank you. Do I have a motion to approve the consent as read by the Vice Chair. I have a motion to approve, Mr. Horsley and a second by Mr. Weiner. Madam Clerk: The vote is open. Mr. Horsley and Mr. Weiner, can you hit motion and second please. Vote is open. By a vote of 9 in favor, and 0 against agenda items #1, 2, 4, 6, and 7 have been recommended for approval by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons AYE Coston ABSENT Cuellar ABSENT Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When these properties are subdivided, they shall be substantially in accordance with the submitted subdivision exhibit entitled "Subdivision Plat of Part of Site B2," dated January 5, 2022, and prepared by MSA, P.C. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When Lots B2-A and B2-B are developed, the building exteriors shall substantially adhere to the renderings shown on page eight(8)of this report,which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The applicant shall reserve for dedication to the City land toward making Lord Felton Lane a minimum of 24 feet wide. Said reservation for future dedication shall be a minimum of four(4) feet wide along the entire length of Lord Felton Lane that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. 4. The land seaward of the site along Lake Smith is City of Norfolk's property. Management of vegetation and trees within this area shall be coordinated with the City of Norfolk. 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 \ \..„ ______ 1111 R7.5 / , - R%7.-5 {�� R7.5 RIV ' _ ___:\i , //• Suite N = Site Lucy Gwaltney Clay Living Trust W_,4 Propert Pol ons 1 2 1 2 B Street \ 01 ' r y_ yg 0 A & 0 45th s Zoning Building EN Im Feet I PLAN TRANS SURFACES 0 3.5 7 14 21 28 35 42 ram'�'U6F.1C1 ,.Ct. NO CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LUCY GWALTNEY CLAY LIVING TRUST [Applicant & Property Owner] Change in Nonconformity (Expansion of Nonconforming Use — Secondary Dwelling) for the property located at 102 A and 102 B 45th Street (GPIN 2418974025). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: February 7, 2023 • Background: The applicant is requesting a Change in Nonconformity to renovate a nonconforming secondary dwelling located at 102 B 45th Street, within the Cavalier Shores neighborhood. The alterations will include enclosure of an exterior wood stair and expansion of the existing second story to span the full width of the first floor. They also include some changes to doors and windows. Enclosure of the wood stair will increase the footprint of the secondary dwelling unit by approximately 40 square feet. Cavalier Shores was developed in the 1920s and 1930s prior to the adoption of any zoning ordinance in Virginia Beach. The subject property, like many properties in Cavalier Shores, has several nonconformities, including a secondary dwelling unit, lot coverage that exceeds the maximum 35%, and deficient setbacks for properties zoned R-7.5 Residential. Deviations to the maximum lot coverage and front, rear, and side setbacks are included with this request. • Considerations: Cavalier Shores was listed in the National Register of Historic Places in 2019. Secondary dwelling units, such as the one located at 102 B 45th Street, are considered a character-defining feature of the development of the district. By renovating rather than replacing the secondary dwelling, this proposal in accordance with recommendations in the Comprehensive Plan to use compatible design and patterns with infill and redevelopment and preserve historic resources. The proposed renovation will not intensify the existing deficiencies in the front, side, and rear yard setbacks. These buildings have existed in these locations since they were first constructed in the 1920s or 1930s. The enclosure of the exterior stair will, however, increase the lot coverage from 37% to 38%; exceeding the maximum lot coverage of 35% for properties within the R-7.5 Residential District. The applicant was active in engaging property owners on 45th Street and met with the North Virginia Beach Civic League Zoning and Land Use Subcommittee. Lucy Gwaltney Clay Living Trust 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 January 11, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 9-0, to recommend approval of this request. 1. The front yard setback shall be nine feet for the primary dwelling. The east side yard setback shall be a minimum of five feet and the west side yard setback shall be a minimum of four feet for both the primary and secondary dwellings. Additionally, the rear yard setback for the secondary dwelling shall be zero feet. This is a deviation to the required setbacks identified in Section 502 of the Zoning Ordinance. 2. The maximum lot coverage shall not exceed 38%. This is a deviation to the required maximum lot coverage identified in Section 502 of the Zoning Ordinance. 3. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted concept site layout entitled "Non- conforming use exhibit Lot 38," prepared by WPL and dated 10/28/2022. 4. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted elevations exhibited below on page eight and prepared by Battaglia Designs, n.d. 5. The maximum number of dwelling units on the subject Site shall not exceed two (2). • Attachments: Resolution Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (5) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Department et,i(1-0 - City Manager: (pr-9 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 102A AND 102B 45TH STREET 4 5 WHEREAS, the Lucy Gwaltney Clay Living Trust (the "Applicant") has made 6 application to the City Council for authorization to expand the nonconforming use and 7 structure at 102A and 102B 45th Street and zoned R-7.5 Residential Zoning District; 8 9 WHEREAS, this parcel currently contains two single family dwellings, a primary 10 and secondary structure that does not meet current setbacks or lot coverage. The 11 expansion is for 102B, the secondary structure, the primary structure shall remain as it is. 12 Both dwellings were constructed prior to the adoption of the applicable zoning regulations 13 and are therefore nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on January 11, 2023; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of nonconforming uses is unlawful in the absence of a resolution of the City Council 20 authorizing such action upon a finding that the proposed use as expanded be equally 21 appropriate or more appropriate to the zoning district than are the existing uses. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed nonconforming use and 27 structure as expanded, will be equally appropriate to the district as are the existing uses 28 and structure under the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 1. The front yard setback shall be nine feet for the primary dwelling. The east side yard 34 setback shall be a minimum of five feet and the west side yard setback shall be a 35 minimum of four feet for both the primary and secondary dwellings. Additionally, the 36 rear yard setback for the secondary dwelling shall be zero feet. This is a deviation to 37 the required setbacks identified in Section 502 of the Zoning Ordinance. 38 2. The maximum lot coverage shall not exceed 38%. This is a deviation to the required 39 maximum lot coverage identified in Section 502 of the Zoning Ordinance. 40 3. Except as modified by any condition below, or as necessary to meet City 41 Development Ordinances and Standards, the Site shall be developed substantially in 42 accordance with the submitted concept site layout entitled "Non-conforming use 43 exhibit Lot 38," prepared by WPL and dated 10/28/2022. 47 48 4. Except as modified by any condition below, or as necessary to meet City Development 49 Ordinances and Standards, the Site shall be developed substantially in accordance 50 with the submitted concept site layout entitled "Non-conforming use exhibit Lot 38," 51 prepared by WPL and dated 10/28/2022. 52 53 5. Except as modified by any condition below, or as necessary to meet City Development 54 Ordinances and Standards, the Site shall be developed substantially in accordance 55 with the submitted elevations exhibited below on page eight and prepared by Battaglia 56 Designs, n.d. 57 58 6. The maximum number of dwelling units on the subject Site shall not exceed two (2). Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning and Community City Attorney's Office Development CA16008 R-2 January 3, 2023 2 Applicant & Property Owner Lucy Gwaltney Clay Living Trust Agenda Item Planning Commission Public Hearing January 11, 2023 City Council District 6,formerly Beach 4 City of Virginia Beach Request Change in Nonconformity (Expansion of Nonconforming Use—Secondary Dwelling) 5203sal sl --- ;:i\t Staff Recommendation 5,51"5,si 51 Approval 50AS at�E1 r, 0-1lk 5- e. , sl Staff Planner P`L�A8A``E' p° Elizabeth Nowak Bp c0`°"Y oR --->- , I' µ`E0 mmi 5 st � Location 4o 45TH 102A& 102B 45th Street / °0 A``;,,N"ss GPIN '''''.`:Rossi 2418974025p HAS sS ST oR ��+��Ea°R Site Size �` ,— I 4,526 square feetNt i\Nt\vvi.....\ AICUZ 65-70 dB DNL \ Watershed Atlantic Ocean Existing Land Use and Zoning District Single-family dwellings/R-7.5 Residential Surrounding Land Uses and Zoning Districts t - , - - - North ; 45TH ST IP Xt, ... 45th Street ` , y - , ,,,�.... �: -,� — a i' J' Single-family dwelling/ R-7.5 Residential •' - 4 South t . Single-family dwelling/ R-7.5 Residential ' a "`" East �k % ,r, -_ m T F.g Single-family dwelling/ R-7.5 Residential r: ,� o West . ,- '''r'� -- _ }- . ...,,, Single-family dwelling/ R-7.5 Residential . ..?„,4 , ... t. ‘,„,„,. r ;,. s: .._ , .,,. ,. , _ ., - _ i-. dllIN _-voila Lucy Gwaltney Clay Living Trust Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting a Change in Nonconformity to renovate a secondary dwelling at 102B 45th Street, a c. 1930s dwelling located in Cavalier Shores. The primary dwelling is known as 102A 45th Street.The secondary dwelling, and the subject of this application, is known at 102B 45th Street. Both dwellings are contributing resources in the Cavalier Shores National Register Historic District. • Cavalier Shores is a seven block residential neighborhood that was initially platted in 1927, preceding any zoning ordinance in Virginia Beach. When the area was developed in the 1920s and 1930s, it was common practice to construct two dwellings on single lots, a practice today which is prohibited in most residential zoning classifications. The proposed renovation will increase the square footage of the secondary dwelling,thereby expanding the existing nonconformity. • The applicant proposes to enclose the exterior stair on the west elevation and to construct a second story that spans the full width of the first floor.The enclosure of the exterior stair will increase the square footage of the footprint of the guest house by 40 square feet. The second-story addition will increase the size of the second floor from 130 square feet to 315 square feet. • The alteration of the second story will accommodate relocation of two first floor bedrooms to the second story. The roof of the building will be altered as the building will be raised to a full two stories and dormers will be added to accommodate additional ceiling height and create architectural interest. Existing attic space will be converted to living space to accommodate the relocated bedroom and a new bathroom. Other exterior materials, as well as window and door openings, will be altered as part of the new design.The proposed alterations will occur within the existing footprint of the building. • Part of this property's nonconformity are existing building encroachments into the front,side, and rear yard setbacks as established by Section 502 of the Zoning Ordinance.These encroachments will not be further intensified with this renovation. The applicant is requesting a deviation to the setbacks as part of this application request. • A maximum 35% lot coverage is permitted for properties zoned R-7.5 Residential. In its current legally nonconforming state,the parcel has 37% lot coverage. With the proposed changes,this will increase to 38% lot coverage.The applicant is requesting a deviation to the maximum lot coverage as part of this application. • The primary dwelling will not be altered nor directly affected as part of this project. 45TH ST - - , 5` " ., Zoning History /�, _ - ; __ # Request � 1 STR Approved 01 19 2021 ," fi,` Lucy Gwaltney Clay Living Trust Agenda Item 4 Page 2 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,this request for a Change in Nonconformity to alter the guest house at 102B 45th Street is acceptable. The proposed alteration helps ensure continued use of the building.The design is compatible with the character of the primary dwelling and Cavalier Shores as a whole;this approach follows the recommendations in the Comprehensive Plan for development and redevelopment in the City's Suburban Focus Areas.The height, massing, and scale of the guest house will remain subordinate to the primary dwelling,which helps to preserve the historic character of the immediate property and the historic district as a whole.The proposed alterations will increase the amount of livable square footage but will not increase the density or intensity of the site. As the number of units will not increase, no change is anticipated in average daily trips. In addition to increasing the square footage of the building,this proposal will also increase the maximum lot coverage of the site. With the additional 40 square feet added to the footprint with enclosure of the stair,the lot coverage of this property will increase from 37%to 38%;Section 502 of the Zoning Ordinance permits a maximum of 35% lot coverage. It is Staff's opinion that the increase is an acceptable deviation due to the area being enclosed already having the stairwell that is proposed to be enclosed. Both dwellings on this property were constructed within the front, rear, and side yard setbacks as defined by Section 502 of the Zoning Ordinance. Properties zoned R-7.5 Residential are required to have a 30-foot front yard setback, one five-foot and one 10-foot side yard setback, and a 20-yard rear yard setback. As constructed,the primary dwelling has a nine-foot-two-inch front yard setback, a five-foot-two-inch east side yard setback, a seven-foot west side yard setback and a 24-foot-six-inch rear yard setback.The secondary dwelling meets the front yard setback but is constructed with an 11-foot-five-inch east side yard setback, a four-foot-six-inch west side yard setback, and a zero-foot rear yard setback. The proposed alteration will have no additional impact on these encroachments and Staff believes that the request to deviate from the front yard setback of the primary dwelling,the side yard setbacks for both buildings, and the rear yard setback for the secondary dwelling are appropriate given the existing nature of encroachments,the historic development pattern of the area, and that the existing encroachments will not intensify with this alteration. Lastly,the applicant met with the Zoning and Land Use Committee of the North Virginia Beach Civic League on December 8, 2022 and informed neighboring residents of their proposed plan. Three signatures of support were submitted to Staff, as well as a letter of support from the North Virginia Beach Civic League Zoning and Land Use Committee. Given this,Staff recommends approval of this application per the conditions and exhibits included in this report. Recommended Conditions 1. The front yard setback shall be nine feet for the primary dwelling. The east side yard setback shall be a minimum of five feet and the west side yard setback shall be a minimum of four feet for both the primary and secondary dwellings. Additionally,the rear yard setback for the secondary dwelling shall be zero feet.This is a deviation to the required setbacks identified in Section 502 of the Zoning Ordinance. 2. The maximum lot coverage shall not exceed 38%.This is a deviation to the required maximum lot coverage identified in Section 502 of the Zoning Ordinance. Lucy Gwaltney Clay Living Trust Agenda Item 4 Page 3 3. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted concept site layout entitled "Non- conforming use exhibit Lot 38," prepared by WPL and dated 10/28/2022. 4. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted elevations exhibited below on page eight and prepared by Battaglia Designs, n.d. 5. The maximum number of dwelling units on the subject Site shall not exceed two (2). 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 can be enhanced by compatible infill development and well-designed sites and buildings. Properties in this area should integrate the design standards expected in the Suburban Area, as stated in the Comprehensive Plan's Special Area Development Guidelines for Suburban Areas in the Reference Handbook of the Comprehensive Plan. Close attention should be paid to the preservation of existing natural characteristics on the site and the appropriateness of the proposed buildings' massing and scale to its surroundings. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean Watershed. The subject property is in the Cavalier Shores Historic District, a resource listed in the National Register of Historic Places for its association with early twentieth-century coastal suburban development and its architecture. Both the primary dwelling and the guest house are identified as contributing resources in this historic district. The guest house was constructed in the 1930s, likely as a single-story building. A small second-story addition and exterior wood stair were constructed by the 1960s when the current owner purchased the property.The second story may be original or an early addition to the building. Rear guest houses, such as the subject building, are one of Cavalier Shore's identifying characteristics, as they represent the specific development pattern in the Oceanfront area in the early twentieth century. The proposed alteration to the dwelling at the rear of the parcel will drastically alter the historic building and will negatively affect its integrity given the proposed changes to the historic first story. In Staff's opinion,the proposed changes to the guest house will have minimal effects on the primary dwelling and the district overall. Lucy Gwaltney Clay Living Trust Agenda Item 4 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 45th Street No traffic counts available Existing Land Use 2-20 ADT Proposed Land Use -20 ADT 'Average Daily Trips 2 as defined by two single-family dwellings Public Utility Impacts Water &Sewer The property is connected to both City water and sanitary sewer. Public Outreach Information Planning Commission • The applicant/applicant's representative met with the North Virginia Beach Civic League's Zoning and Land Use Subcommittee on December 8, 2022 to discuss the details of the request. According to the applicant, nine people were in attendance at the meeting and the subcommittee voiced no objection to the request or the plans. A letter of support was provided to Staff by the civic league as a result of this meeting. • The applicant reported that they met with their three immediate neighbors to inform them of their project and sent a letter describing their project proposal to all residents on 44th Street, east of Atlantic Avenue, and no objections were raised. Four letters of support/opposition have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 12, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 25, 2022 and January 1, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 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 January 5, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 22, 2023 and January 29, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 23, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on February 3, 2023. Lucy Gwaltney Clay Living Trust Agenda Item 4 Page 5 Proposed Site Layout , 4. 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O _ U o n -� -,' JCA U ( "t II :~ Q r �, w g 2 t Lucy Gwaltney Clay Living Trust Agenda Item 4 Page 8 Proposed First-Story Floor Plan Q 1----- • i �. n .... to 311.14. A MIME L.,.rr c 0 x x (I) ; r4 _ I i i 1 \ ._ El� i -ill 1 j FY L- - Jrr: E0. s F aCL. _ i 1 U ct C/] hA c L 0 r p 0 tn • ________1L=KLIIsmmJ'-- 4 ..-, , U zv i S R V LL Y e Lucy Gwaltney Clay Living Trust Agenda Item 4 Page 9 O 0 rD BATTAGLIA designrD o o_ r+ O 7-1 °O Dcck Bedroom#3 a' -11-2 x10 -�i rcr Bathrm. #2 Cl. - Bedroom#2 -12x$ ---Di I r C n New Second Floor Plan SCALE: 1/4" 11-0" 315 SF m Crg n RMFG fl.4TTACiI.IA VatanicantaraA 737.117.1r!! fD <- Q _ cu rr CO (TO (D -I 3 c O rNr Site Photos - Guest House f • ,.. ,\\ :‘,... .. 6.0 ,; ,:_,, ,,. . _ .1_ _ , .___________ . _,, .. , , ,._,, ., 4 ,_.... . ..._! .... ,., . \,, ._.. . , 1..ide„,.,,,.. .. __ __ ___ ..,_ ....c;._...,___ _ ,_...7._ _____, ,___ . �- . , , , ___, .„..., i ._.,, ______ ....77 __.. . ---- _. _____ ___.. �_____________ �' .... ........„., ____ _, )...,.. ter: ___ _ r - _� 4 ! ,, tk. i \ .;\ •---_------- ,1 -ti��•l• t �1r -uN ■ ' T ti r l�_—._- _ . I '-=`- • !'may; 41110-71 _ , .' 4.: 4r , . , --..____----r:----.._--._ kilit, @ 1. -ems i m . I,__; a]--- ___ -- like ''''--- i i _ \ ..f 4 l• - y Lucy Gwaltney Clay Living Trust Agenda Item 4 Page 11 Site Photos — Primary Dwelling ?-'3,,i_...-',V.ifi. , _„f::::04.:"....:4 .L, ',,,' --- 1[11- ' - eswf/Sf�V� r�� T �+�Y \ F- _ • — —�'~Jl �.�n--- -__--._.-..._-.----_--.._—-_7_-.-7--1i-i.---.4--.1—F'..,.1,,.-..ate-,,,��y ,---- - _-_-_,_ -,_•\ , ,,•,.,._.,._.,-,„-'_‘,7 _4 •. . _ { «- W... any. ---- `l _ _ �- ---- - .__--_---.P.-------"_----_--2-0--:--2= —,--r,:._..—_.-. _::...-...Th.,--— _.___-.---_-——_---_--,.1 �.-"- - — _ _v__ _ _ � , r-- • • .�_ ✓a.-PI..., r'▪ t�. -.. _'i�'+ -"_�. If 1...ligii _ a } t- _ -�:, s • M t ,::€14',,17..:�a ;''' 1�,r .b a yh: .. .s}...ei.. ., r,,, . l S(; :w cm ,,,.. to t.} , + , •_. t.,7Y s'i I '4i u-- .. . { _ y'i r 4�e^�._•i r.' lS{M1.y y' i.v.•. .-at, 41', ,,,. . •, -�`q3 -4. ,- 1,h, - s spy:.-.` •.y,gM _,;:� . -- Y __ ' t4a„ .• F t ' Ma te - ; Lucy Gwaltney Clay Living Trust Agenda Item 4 Page 12 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 Lucy Gwaltney Clay Living Trust Does the applicant have a representative? •Yes ❑No • If yes.!st the name of the representative. R.Edward Bourdon,J-.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. 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) Lucy Gwaltney Clay&Katherine C.Willis,Trustees • If yes,list the businesses that have a parent-subsidiary'-or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101 "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Lucy Gwaltney Clay Living Trust Agenda Item 4 Page 13 Disclosure Statement Disclosure Statement Virgima Bauch Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?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?I Yes ❑No • If yes,identify the firm and individual providing the service. Greg Battaglia,Battaglia Design 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 Lucy Gwaltney Clay Living Trust Agenda Item 4 Page 14 Disclosure Statement Disclosure Statement Cfy of Yuvinie Beach Planning&Communi Development - • 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the company and individual providing the service. 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?N Yes ❑ No • If yes,identify the firm and individual providing the service. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,anc 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‘ this application. The Lucy waltney Clay Living Trust By: MIA__jA_k (./ Applicant Signature Katherine C.Willis,Trustee Print Name and Title Date Is the applicant also the owner of the subject property? ■Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USF ONLY/All disclosures must be updated two(2)weeks prior tc arty Planning Commission and City Council meeting that pertains to the applications No changes as of D to . Signature 1/19/20231� 9 Gt• Print Name ElizalSoth Nowak Revised 11 09.2020 3 Lucy Gwaltney Clay Living Trust Agenda Item 4 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Lucy Gwaltney Clay Living Trust Agenda Item 4 Page 16 Virginia Beach Planning Commission January 11, 2023, Public Meeting Agenda Item #4 Lucy Gwaltney Clay Living Trust (Applicant & Property Owner) Change in Nonconformity (Expansion of a Nonconforming Use) Addresses: 102A& 102B 45th Street RECOMMENDED FOR APPROVAL—CONSENT Mr. Horsley: Thank you, Mr. Redmond. The next item on the consent agenda is item #4, Lucy Gwaltney Clay is an application for Change of Nonconformity, Mr. Bourdon. Mr. Bourdon: Thanks again, Mr. Horsley, Mr. Chairman, and members of Commission, Eddie Bourdon Virginia Beach Attorney representing Ms. Clay and her family. The application for the Change in Nonconformity has five conditions, and we are in agreement with all five conditions. I appreciate the efforts of Elizabeth Nowak working with us on this application. Thank you. Mr. Horsley: Thank you, Mr. Bourdon. Is there any opposition to this item? Hearing none,we've asked Ms. Oliver if she would read this. Ms. Oliver: Thank you. This application is requesting a Change in a Nonconformity to renovate a secondary dwelling at 102-B 45th Street, and the primary dwelling is known as 102-A 45th Street. The secondary dwelling and the subject of this application is known as 102-B 45th Street. Both dwellings are contributing resources in the Cavalier Shores National Register Historic District. Prior to this, this property was originally platted preceding any Zoning Ordinance in Virginia Beach and that's why we have this nonconformity that exists. So, this area was developed in the 20s and the 30s, and it was common practice back then to have two dwellings on a single lot of practice today, which is prohibited in most of our residential zoning classifications. The proposed renovation will increase the square footage of the secondary dwelling, thereby expanding the existing nonconformity. The applicant proposes to enclose the exterior staircase on the western elevation, and to construct a second story that spans the full width of the second floor or the first floor. The enclosure of the exterior staircase will increase the square footage of the footprint of that guest house about 40 square feet, and the second story addition will increase the second floor from 130 square feet to about 315 square feet. The alteration of the second story will accommodate the relocation of the two first floor bedrooms and the roof of the building will be altered, as the building will be raised to a full two story. The proposed alterations will occur within the existing footprint of the building. The primary dwelling won't be altered or directly affected as part of this project, and lastly the applicant did meet with the Zoning and Land Use Committee of the North Virginia Beach Civic League on December the 8th, 2022, and the neighborhood residents were informed of their proposed plan. They had three signatures of support, which were submitted to staff. Staff recommends approval of this application and therefore we've placed it on the consent agenda. Mr. Horsley: To summarize, we've got five items on the consent agenda, #1 City of Virginia Beach, #2 Tony Saady, and Lina Saady, #4 Lucy Gwaltney Clay, #6 K.M. Cash Construction Corporation, and #7 AGI-VB Holdings, LLC. Mr. Chairman, I have placed the motion that we approve these applications by consent. Mr. Alcaraz: Thank you, Mr. Vice Chair. Thank you. Do I have a motion to approve the consent as read by the Vice Chair. I have a motion to approve, Mr. Horsley and a second by Mr. Weiner. Madam Clerk: The vote is open. Mr. Horsley and Mr. Weiner, can you hit motion and second please. Vote is open. By a vote of 9 in favor, and 0 against agenda items #1, 2, 4, 6, and 7 have been recommended for approval by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons AYE Coston ABSENT Cuellar ABSENT Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The front yard setback shall be nine feet for the primary dwelling. The east side yard setback shall be a minimum of five feet and the west side yard setback shall be a minimum of four feet for both the primary and secondary dwellings. Additionally, the rear yard setback for the secondary dwelling shall be zero feet. This is a deviation to the required setbacks identified in Section 502 of the Zoning Ordinance. 2. The maximum lot coverage shall not exceed 38%. This is a deviation to the required maximum lot coverage identified in Section 502 of the Zoning Ordinance. 3. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted concept site layout entitled "Non-conforming use exhibit Lot 38," prepared by WPL and dated 10/28/2022. 4. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted elevations exhibited below on page eight and prepared by Battaglia Designs, n.d. 5. The maximum number of dwelling units on the subject Site shall not exceed two (2). 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. PETITION TO REMODLE 102B 45TH STREET i understand that Lucy G.Clay owner of 102b 45th street wishes to remodel her dwelling at said address and,as her neighbor I am NOT in opposition to the remodeling of this structure. //7 . Signature Date 1 0 3 141464 3-1— ( c4' j VA SJ Address Katherine C. Willis 1716 N. Alanton Dr. Virginia Beach, VA 23454 Cavalier Shores Neighbors Of 102 45th Street RE: Renovation of 102B 45th Street Dear Neighbors, I am writing to you today on behalf of my mother, Lucy Clay, regarding the renovation of her home at 102 45th Street. Mom and Dad purchased 102 45th Street in the 1960's. The house was built in the 1930's and was the first home they bought together. My family, from Smithfield, Virginia, used it as our summer vacation home for decades. When my father passed away in 2019, Mom decided to bring the property up to date,while keeping the classic beach cottage charm, so that her grandchildren and great grandchildren could enjoy the family cottage like my brothers and I have. The main house renovation was completed last year, and she is now planning to renovate the smaller back house which is the reason for my letter to you. The 102B 45th Street cottage, also built in the 1930's, sits behind the main house and has been home to many members of my family over the years including me, my brothers, and my niece. The home has a living area, kitchen, and two bedrooms each with a full bathroom downstairs, and one bedroom and bathroom upstairs. The only access to the upstairs bedroom is via an exterior staircase, something that was not unusual for the intended use of the cottage when it was built. We would like to enclose the staircase to allow us to move from the downstairs living area to the upstairs bedroom without going outside. The cottage has very little storage space, so the renovation also moves one of the downstairs bedrooms upstairs to allow for a small storage room downstairs. The result is a cottage with the living area, kitchen, one bedroom and bathroom downstairs, and two bedrooms and one bathroom upstairs. While the footprint of the improvements is not changing,the enclosure of the existing stairs results in a small additional amount of square footage (i.e. 40)considered"lot coverage". Our property, like numerous properties in Cavalier Shores which contain two (2) 80+year old residential dwelling units on them is legally non-conforming. Due to the City's placing these properties in the R-7.5 zoning district in 1973, a district which does not technically permit two (2)units, modifying either unit requires us to go through this application to modify our non-conforming use and obtain City Council's approval. Importantly,this dwelling is not, never has been and cannot be a short-term rental property. Mom wants to renovate the home for the use of her growing family. We are all very excited about the renovation and the opportunity to enjoy the home with modern amenities. If you have questions,please do not hesitate to reach out to me at 757-404-2589 or at kwillis@ceritypartners.com. Sincerely, Katherine C. Willis PETITION TO REMODLE 102B 45TH STREET I understand that Lucy G.Clay owner of 102b 45th street wishes to remodel her dwelling at said address and,as her neighbor I am NOT in opposition to the remodeling of this structure. ( ? Signature Date I 0 14 (A - 5+ \A ) icr te_cAd.,\ \OI 12-3H. ) Address yiekA- door nst� hbar Ati-34-1-11 hleaStA104 Katherine C. Willis 1716 N.Alanton Dr. Virginia Beach, VA 23454 Cavalier Shores Neighbors Of 102 45th Street RE: Renovation of 102B 45th Street Dear Neighbors, I am writing to you today on behalf of my mother, Lucy Clay, regarding the renovation of her home at 102 45th Street. Mom and Dad purchased 102 45th Street in the 1960's. The house was built in the 1930's and was the first home they bought together. My family, from Smithfield, Virginia, used it as our summer vacation home for decades. When my father passed away in 2019, Mom decided to bring the property up to date,while keeping the classic beach cottage charm, so that her grandchildren and great grandchildren could enjoy the family cottage like my brothers and I have. The main house renovation was completed last year, and she is now planning to renovate the smaller back house which is the reason for my letter to you. The 102B 45th Street cottage, also built in the 1930's, sits behind the main house and has been home to many members of my family over the years including me, my brothers, and my niece. The home has a living area, kitchen, and two bedrooms each with a full bathroom downstairs, and one bedroom and bathroom upstairs. The only access to the upstairs bedroom is via an exterior staircase, something that was not unusual for the intended use of the cottage when it was built. We would like to enclose the staircase to allow us to move from the downstairs living area to the upstairs bedroom without going outside. The cottage has very little storage space, so the renovation also moves one of the downstairs bedrooms upstairs to allow for a small storage room downstairs. The result is a cottage with the living area, kitchen, one bedroom and bathroom downstairs, and two bedrooms and one bathroom upstairs. While the footprint of the improvements is not changing,the enclosure of the existing stairs results in a small additional amount of square footage (i.e. 40) considered"lot coverage". Our property, like numerous properties in Cavalier Shores which contain two (2) 80+year old residential dwelling units on them is legally non-conforming. Due to the City's placing these properties in the R-7.5 zoning district in 1973, a district which does not technically permit two (2) units,modifying either unit requires us to go through this application to modify our non-conforming use and obtain City Council's approval. Importantly, this dwelling is not, never has been and cannot be a short-term rental property. Mom wants to renovate the home for the use of her growing family. We are all very excited about the renovation and the opportunity to enjoy the home with modern amenities. If you have questions,please do not hesitate to reach out to me at 757-404-2589 or at kwillis@ceritypartners.com. Sincerely, Katherine C. Willis PETITION TO REMODLE 102B 45Th STREET I understand that Lucy G.Clay owner of 102b 45th street wishes to remodel her dwelling at said address and,as her neighbor I am NOT in opposition to the remodeling of this structure. 1 � f r S' nature Date Address IV&Kt' cl ooV rzi hb o Katherine C. Willis 1716 N. Alanton Dr. Virginia Beach, VA 23454 Cavalier Shores Neighbors Of 102 45th Street RE: Renovation of 102B 45th Street Dear Neighbors, I am writing to you today on behalf of my mother, Lucy Clay, regarding the renovation of her home at 102 45th Street. Mom and Dad purchased 102 45th Street in the 1960's. The house was built in the 1930's and was the first home they bought together. My family, from Smithfield, Virginia, used it as our summer vacation home for decades. When my father passed away in 2019, Mom decided to bring the property up to date,while keeping the classic beach cottage charm, so that her grandchildren and great grandchildren could enjoy the family cottage like my brothers and I have. The main house renovation was completed last year, and she is now planning to renovate the smaller back house which is the reason for my letter to you. The 102B 45th Street cottage, also built in the 1930's, sits behind the main house and has been home to many members of my family over the years including me,my brothers, and my niece. The home has a living area, kitchen, and two bedrooms each with a full bathroom downstairs, and one bedroom and bathroom upstairs. The only access to the upstairs bedroom is via an exterior staircase, something that was not unusual for the intended use of the cottage when it was built. We would like to enclose the staircase to allow us to move from the downstairs living area to the upstairs bedroom without going outside. The cottage has very little storage space, so the renovation also moves one of the downstairs bedrooms upstairs to allow for a small storage room downstairs. The result is a cottage with the living area,kitchen, one bedroom and bathroom downstairs, and two bedrooms and one bathroom upstairs. While the footprint of the improvements is not changing,the enclosure of the existing stairs results in a small additional amount of square footage (i.e. 40)considered"lot coverage". Our property, like numerous properties in Cavalier Shores which contain two (2) 80+year old residential dwelling units on them is legally non-conforming. Due to the City's placing these properties in the R-7.5 zoning district in 1973, a district which does not technically permit two (2) units, modifying either unit requires us to go through this application to modify our non-conforming use and obtain City Council's approval. Importantly,this dwelling is not, never has been and cannot be a short-term rental property. Mom wants to renovate the home for the use of her growing family. We are all very excited about the renovation and the opportunity to enjoy the home with modern amenities. If you have questions,please do not hesitate to reach out to me at 757-404-2589 or at kwillis@ceritypartners.com. Sincerely, Katherine C. Willis NORTH VIRGINIA BEACH CIVIC LEAGUE ZONING REVIEW COMMITTEE December 21, 2022 MEMO Members of the Virginia Beach Planning Commission City of Virginia Beach Dear Planning Commissioners Re: Lucy Gwaltney Clay (Applicant& Property Owner) Lucy Gwaltney Clay Living Trust(Applicant& Property Owner) Change in Nonconformity (Expansion of a Nonconforming Use)Addresses: 102A& 102B 45th Street GPIN(s): 2418974025 City Council: District 6,formerly Beach District. The North Virginia Beach Civic League (NVBCL) Zoning Review Committee (ZRC)met with the applicant's land use attorney,received correspondences of support, and fully understand the request. An older single-family home with a garage and detached dwelling unit currently exists on a single parcel zoned R7.5 The current conditions represent a historic development pattern of our North End neighborhood within the Historic Cavalier Shores neighborhood. The applicant wishes to retain the existing house along with the renovation of the detached dwelling unit. The NVBCL ZRC fully reviewed the applicant's proposal and support the restoration of this residential property in keeping with the historic character of the neighborhood. Members of the NVBCL Zoning Review Committee: Billy Almond 209 - 70th Street(Abstaining) 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 204 - 74th Street(Abstaining) 1 From: )eff King To: Elizabeth D.Nowak Cc: amccorkle@ sykesbourdon.com Subject: Planning Commission consideration of a project at 102 45th Street Date: Tuesday,January 10,2023 10:17:59 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. Ms.Nowak, I am sending this email to support a proposed improvement to my neighborhood. I understand the planning commission will review this proposal at a meeting tomorrow. Though I am probably late for this to be included in whatever advance informational packet is prepared for the Commissioners,I would appreciate this email being passed on to them. My wife and I live on 59th Street. We watch the many changes the North End neighborhood is experiencing,most of which are great improvements. Most are new homes replacing old,usually a single residence being replaced by more than one(as has happened to recently to a very nice colonial style house on 58th Street,Oceanside,right near us). However,there have been a few renovations where the great character of the old house or cottage is preserved for the neighborhood. These exceptions to the tear down approach are critical to the maintaining the charm and character of the North End,and so should be encouraged. We are aware of a proposed renovation project at 102 45th Street,specifically involving renovation of a separate guest quarters behind the main house,and understand that the Planning Commission will review this proposal at its meeting on January 11.We urge approval of this project to encourage the owners to continue the improvement of the existing structures. Rather than tear down the main house or dramatically chance its exteriors,the 45th Street owners preserved the existing house with virtually no changes on the exterior,thereby helping to preserve the character of the entire neighborhood. While sometimes economics or other factors may lead inevitably to existing houses being torn down, it is a real benefit to all when an older house is preserved. While the new houses are well designed and generally attractive,they also have a certain sameness—the older houses add significant character. Owners who preserve such houses should be rewarded and in this particular instance approval of the proposed renovations would be a very minor accommodation to the owners. As I understand the proposal,the footprint and exterior of the guest quarters will be maintained in essence, obviously with upgrades in materials and surfaces,with one exterior change being to enclose what is now an exterior staircase. That change is simply not a big deal. Further,it is practically invisible inasmuch as that part of the guest quarters is tucked well behind the main house,and can not be seen from the street. For the reasons outlined above,the Planning Commission should approval the proposed renovations at 102 45th Street. Thank you, Jeff King (512)695-4676 205 59th Street Virginia Beach,VA 23451 ' / AG2 R20 �, 4---- AG2 r R,20 B2 B2 / \ 4')/ s cPii e 9P6NB22 N-N,\ 1 /•' / NdP , 0 „ / / bcPs _....-- # 7 Ns 'E32/B-2/ B2 ,� . i 'B2B2 AG1 AG1 P1P1 AG2 AG2 R10 RlilY. i"iN R 10R200 Suite N %/A Site AGI-VB Holding, LLC 1925 w.' '�7 F �, r Pro ertY_PolY9onsFI h r Arch s Zoning Building - Feet PLAN_TRANS_SURFACES 037.575 150 225 300 375 450 t.• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AGI-VB HOLDING LLC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning for the property located at 1925 Fisher Arch (GPIN 2414316336). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: February 7, 2023 ■ Background: This application is a request for an after-the-fact Modification of Proffers to amend the Conceptual Plan associated with the 2014 Conditional Rezoning request. This request includes a 2,100 square foot outdoor café and two, 814 square foot storage units. In 2014, the parcel was rezoned from AG-1 to Conditional B-2 in order for the existing business, Anderson's, to be developed. The applicant seeks to amend Proffer 1 to update the reference to the Conceptual Development Plan to include: o When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "REVISED CONCEPTUAL DEVELOPMENT PLAN OF ANDERSON'S HOME AND GARDEN CENTER", dated October 31, 2022, prepared by Kellam Gerwitz, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the " Revised Conceptual Development Plan"). • Considerations: The outdoor café area consists of a six-foot-tall privacy fence, artificial turf, tents, and speakers. This area was constructed in 2019 during the COVID-19 pandemic to serve as flex space for outdoor dining to meet covid regulations in order to allow the business to continue operating. The storage units provide additional storage for the business and consist of green metal roofing, beige metal siding, and a white overhead door. The applicant presented before the Transition Area- Interfacility Traffic Area (TA- ITA) Committee in 2014 and the TA-ITA was in support of the project with minor revisions to the site, building design, and overall commercial concept of the building. Since the current application was minor in nature and did not impact the general layout or building design, the modifications were not presented to the TA- ITA Committee. Given that a preliminary drainage study was provided for the entire site during the previous zoning approval and the modification is minor in AGI-VB Holdings LLC Page 2 of 2 scale, staff did not deem it necessary to require an additional preliminary stormwater analysis. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On January 11, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 9-0, to recommend approval of this request. Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "REVISED CONCEPTUAL DEVELOPMENT PLAN OF ANDERSON'S HOME AND GARDEN CENTER", dated October 31, 2022, prepared by Kellam Gerwitz, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (hereinafter referred to as the "Revised Conceptual Development Plan"). Proffer 2: Except as modified herein, the remaining unchanged proffered covenants, restrictions and conditions as set forth in the 2014 Proffers are hereby ratified and affirmed. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager Applicant & Property Owner AGI-VB Holding, LLC Agenda Item Planning Commission Public Hearing January 11, 2023 City Council District 2,formerly Princess Anne 7 Cityot Virginia Beach Request Modification of Proffers Staff Recommendation >q/ ,F4 ozT Approval C,......`. LI"osw H...,i 4� 4 y Staff Planner Michaela McKinney �DG-''<<4►. . M asy c 400p�RCO ao p Location FR4Rcy , 1925 Fisher Arch } I GPIN 4"' 2414316336 yyQ - Site Size �*` `',,,,frp 7.55 acres 4. 4. AICUZ - ` 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District Retail Garden Business and Restaurant/ B-2 f .►-, -'1t Community Business ." • . '- , Surrounding Land Uses and Zoning Districts + '' j .-9.,—.,,'" �•' 3 � . North t. tot, -- >., Sandbridge Road - , 4. Religious use, park/R-20 Residential, B-2 ` ~i y = ► a= Community Business N. . . South �,-' af' Undeveloped lot/AG-1 Agricultural - "-, East - � Undeveloped lot/AG-2 Agricultural r 1-,...it West Fisher Arch "`.'�,r. ! .'4., -'..-4 ' , - 7,,�,,, Car Wash Facility/ B-2 Community Business L.._ •.' '`= ;.ap¶ : r -'� .- - ,t ,, - z AGI-VB Holding, LLC Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant is requesting a Modification of Proffers to amend the proffered conceptual site plan associated with the 2014 Conditional Rezoning request. The request will include the addition of a 2,100 square foot outdoor seating and activity area, as well as two, 814 square foot storage buildings used to store equipment for the existing retail business. • In 2014,this parcel was rezoned from AG-1 to Conditional B-2 for this business to be developed. Proffers that accompanied this application include: o Proffer 1, When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "REZONING EXHIBIT OF PROPOSED ANDERSON'S HOME AND GARDEN CENTER FOR PRINCESSBORO DEVELOPMENT", dated 02/06/14, prepared by Kellam Gerwitz, P.C.,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Conceptual Development Plan"). • During the COVID-19 Pandemic,the applicant expanded the outside activity area and added two storage buildings to their business.The applicant is now coming forth to rectify their past actions and requesting to modify Proffer 1 to update the conceptual plan to include the outdoor seating and activity area as well as the two storage buildings. • The outdoor activity area consists of artificial turf, a six-foot-tall privacy fence and tents and will serve as an amenity to customers.The location of storage buildings will be in the delivery area &serve as additional storage for goods and services. • The hours of operation for the outdoor area will be in conjunction with the retail garden business, 10:00 a.m. to 7:00 p.m., Monday through Sunday. - Zoning History 6- / ..„, 4 ., .. # Request 1 CRZ(AG-2 to Conditional B-2)Approved 09 16 2014 7 / 4� P p / / E_ 5.: ��0 3 CUP(Outdoor Recreation Facility)Approved 11/21/2018 'o0 2 CRZ(AG-2 to Conditional B-2&Conditional 0-2) Approved 02/24/2009 3 CUP(Communication Tower)Approved 10/12/2010 I ;' 4 CUP(Church)Approved 07/14/1993 / 02 MDC(Religious Use and Private School)Approved 02/17/2021 ,/ 5 CUP(Mini-Warehouse)Approved 12/04/2019 6 CUP(Child Care education Center)Approved A-= 06/14/2005 ' ., 7 CUP(Car Wash Facility)Approved 08/02/9/2022 �.' \ CRZ(AG-2 to Conditional B-2)Approved 08/09/2022 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 is acceptable with the proffers provided by the applicant. The request is consistent with the Comprehensive Plan's policies and land use goals for the suburban area as the additional outdoor area will enhance AGI-VB Holding, LLC Agenda Item 7 Page 2 the existing business through its ability to provide entertainment and outdoor games for surrounding communities. This complementary non-residential use will not negatively impact the surrounding areas as there have been no complaints from neighboring uses that staff is aware of. As stated previously,the expansion of the café area has been operating since 2020 during the COVID-19 Pandemic.The café area was expanded to meet covid regulations for outdoor dining and entertainment in order for the business to continue operating. The outdoor cafe area consists of artificial turf, a six-foot-tall privacy fence, speakers and tents.The applicant held live musical performances and events in this area and was unaware that assembly uses are not compatible within this area of the AICUZ.The applicant has agreed to cease this operation.The storage units are located in the former delivery service area that the applicant claims they no longer need the entirety of the delivery area.These units are intended to store gardening tools and supplies that are used to keep their inventory fresh and presentable. The expansion and installation of the storage materials, in no way, interferes with the required parking on site. The applicant is simultaneously obtaining building permits for the storage units as they pursue this application. During the Conditional Rezoning application in 2014,the applicant presented before the Transition Area-Interfacility Traffic Area (TA-ITA) Committee on three different occasions. Revisions provided by TA-ITA were improvements to the site plan, building design, and overall commercial concept of the project. Following the initial briefing,the TA-ITA was in support of their project. With previous approval from the TA-ITA,there is no need for the applicant to return to the TA- ITA since there are no changes to the building design. A preliminary drainage study was provided for the entire site with the previous rezoning approval. As the majority of this site has been developed, and this modification is minor in scale to the overall development of the site, an additional preliminary stormwater analysis for these revisions was not deemed necessary by Staff. Based on these considerations, Staff is recommending approval of this request subject to the proffers listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "REVISED CONCEPTUAL DEVELOPMENT PLAN OF ANDERSON'S HOME AND GARDEN CENTER", dated October 31, 2022, prepared by Kellam Gerwitz, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (hereinafter referred to as the "Revised Conceptual Development Plan"). Proffer 2: Except as modified herein,the remaining unchanged proffered covenants, restrictions and conditions as set forth in the 2014 Proffers are hereby ratified and affirmed. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. AGI-VB Holding, LLC Agenda Item 7 Page 3 Proffers from the 2014 CRZ Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "REZONING EXHIBIT OF PROPOSED ANDERSON'S HOME AND GARDEN CENTER FOR PRINCESSBORO DEVELOPMENT", dated 02/06/14, prepared by Kellam Gerwitz, P.C., which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter referred to as the "Conceptual Development Plan"). Proffer 2: When the Property is developed, the structures depicted on the Conceptual Development Plan shall be developed using architectural designs, materials and colors substantially as designated and shown on the three (3) exhibits entitled "ANDERSON'S HOME AND GARDEN SHOWPLACE" (a) "Elevation - Sandbridge Road", (b) "Perspective" and (c) "Material Color Selections", prepared by arci architects, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). Proffer 3: The freestanding sign depicted on the Conceptual Development Plan shall be a monument style sign substantially as depicted on the exhibit entitled "ANDERSON'S HOME AND GARDEN SHOWPLACE, Elevation —Street Signage", prepared by arci architects, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter referred to as the "Sign Elevation"). Proffer 4: When the Property is developed, it shall be extensively landscaped in substantial compliance with the detailed landscape plans designated "LANDSCAPING SHEET OF ANDERSON'S SHOWPLACE",Sheet L 1 and "LANDSCAPE NOTES& DETAILS OF ANDERSON'S SHOWPLACE", Sheet L2 presented by Kellam Gerwitz, P.C., which have been exhibited to the Virginia Beach Department of Planning (the "Landscape Plan"). Proffer 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. Comprehensive Plan Recommendations This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There does not appear to be any significant natural or cultural resources associated with the site. AGI-VB Holding, LLC Agenda Item 7 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Fisher Arch No Data Available 9,900 ADT 1(LOS 2"D") Sandbridge Road 13,660 ADT1 15,400 ADT 1(LOS 2"D") No Change Anticipated 1 Average Daily Trips 2 LOS=Level of Science Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Fisher Arch in the vicinity of this application is considered a two-lane undivided local roadway. The existing infrastructure currently resides in a 60-foot right-of-way. Fisher Arch is not included on the MTP and there are currently no CIPs scheduled for this segment of roadway. Sandbridge Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial with a variable-width right-of-way in this location. The MTP proposes the Princess Anne Commons/Transition Area Parkway with up to 4-lanes for this segment of Sandbridge Road. Public Utility Impacts Water &Sewer This site is connected to City water and City sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 12, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 25, 2022 and January 1, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 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 January 5, 2023 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 22, 2023 and January 29, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 23, 2023 AGI-VB Holding, LLC Agenda Item 7 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 February 3, 2023. AGI-VB Holding, LLC Agenda Item 7 Page 6 0 10 •sow• 0 i*� ��••••• cn (D Q n o :aA fD e • 13 +.7 4 ie R7111010Ytiwai. P't 1 C GRARIIC SCAI.I, CU — o w 0 70 r, r VI itmlc-i�t 1 Existing FEET • V rD CU IN 1 1 53,020 sq ft SITE IN sass •1[*Mk I I • i . 1 Mt . , I (L., . -..—-......... ...... • • • • i 1 f \, - .used . Addition !, y..-s-r MR�� _. �e4G2,100 sq ft r .... wnr s'sow Grit =~ ,, .,. Flltf .\1>rAuAn,c ACCESS 1 \ .% D CIrN. D 1, ( _�,/ proposed _ :�.�1 ,' --. Additions ci. - ; 814sgfteach Cu CL -a — 5. Cy va 1— V ...„1 (-) Site Photos 1 ''''IIIIIINiwim....__ 4........ A Ai-- II -,.....AnimmerismitIM Y t. AGI-VB Holding, LLC Agenda Item 7 Page 8 Site Photos z Zi -4.- ____._ ----. _ ` I _--_ iii — ter AGI-VB Holding, LLC Agenda Item 7 Page 9 Disclosure Statement Disclosure Statement Mi3 My of Virginia geaa Boxh 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 AGI-VB Holding,LLC,a Virginia limited liability company Does the applicant have a representative? ®Yes ❑No • if yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ❑No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Single member LLC;Jason Blanchette,Sole Member/Manager • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets:the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2U , 1 1 P a g e AGI-VB Holding, LLC Agenda Item 7 Page 10 Disclosure Statement Disclosure Statement "\43 (Yf y Or Vtr{Ffia$N,41 Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ®Yes ❑No • if yes,identify the financial institutions providing the service. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. Mitch Bean,CPA 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 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 III No • If yes,identify the purchaser and purchaser's service providers. 2 AGI-VB Holding, LLC Agenda Item 7 Page 11 Disclosure Statement rt 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 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?II Yes 0 No • If yes,identify the firm and individual providing the service. Bob Kellam,Kellam Gerwitz 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. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. AGI- Holdi ,LL ^ _ i2�nC_ By: Applica t Signature Jason Blanchette,Manager Print Name and Title 1O ' 1-11- Date Is the applicant also the owner of the subject property? ®Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of Date 01/19/2023 signature 7ifeelifaja, D. Print Name Michaela D.McKinney / Revised 11.09.2020 Wage AGI-VB Holding, LLC Agenda Item 7 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AGI-VB Holding, LLC Agenda Item 7 Page 13 • FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS AGI-VB HOLDING, LLC,a Virginia limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 31sst day of October,2022,by and between AGI-VB HOLDING, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that 7.56 acre parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, as described in Exhibit "A" attached hereto and incorporated herein by reference,which is referred to herein as the"Property";and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS,the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated February 28, 2014 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20140918000886110 (hereinafter "2014 Proffers"), to reflect amendments applicable to the land use plan on the Property;and WHEREAS, it is the intent of the Grantor that the proffered covenant, restriction and condition contained herein shall modify that Proffer numbered "1" as contained in the 2014 Proffers; and GPIN: 2414-31-6336 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise;and WHEREAS,the Grantor has voluntarily proffered,in writing in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property,the following reasonable conditions related to the physical development,operation,and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW,THEREFORE,the Grantor,its successors,personal representatives,assigns,grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan,building permit, or subdivision approval,hereby makes the following amendment to the Covenants, Conditions and Restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. Proffer numbered 1 in the 2014 Proffers is hereby deleted and replaced with the following"NEW PROFFER#1": 1. When the Property is developed,it shall be developed substantially as shown on the exhibit entitled, "REVISED CONCEPTUAL DEVELOPMENT PLAN OF ANDERSON'S HOME AND GARDEN CENTER",dated October 31,2022,prepared by Kellam Gerwitz,P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (hereinafter referred to as the "Revised Conceptual Development Plan"). 2 2. Except as modified herein, the remaining unchanged proffered covenants, restrictions and conditions as set forth in the 2014 Proffers are hereby ratified and affirmed. The above conditions, having been proffered, ratified and affirmed by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach,Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order,in writing,that any noncompliance with such conditions be remedied;and (b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator 3 and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: AGI-VB HOLDING,LLC,a Virginia limited liability company i By: -4 1 qcnLl (SEAL) Jason Blanchette,Sole Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of N� \n-(,2022, by Jason Blanchette, Sole Member of AGI-VB Holding, LLC, a Virginia limited liability company, Grantor. Liri-- ae., -- ) 1-L---7 Notary Public My Commission Expires: 3J (el a-a b Notary Registration Number:Soo4?a I '`�$,.II,I,lsl i 45 O v TA/�y To s MCorew Expire, ..r tW "3/' '/ o) b =: S% 721 a Slit.,a. Isi,..4(1.1p9„,r 44 6�i♦ ALTH,t0 elicinIti 5 EXHIBIT "A" ALL THAT certain piece or parcel of land,lying and being in the City of Virginia Beach,Virginia,and designated as Parcel D-2A-1 on a plat of subdivision prepared by MSA,P.C.,titled"SUBDIVISION OF `Subdivision of PARCEL D-2A Sandbridge Marketplace'(Instr.No.20120615000663450)VIRGINIA BEACH,VIRGINIA",dated January 30,2015 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20150327000267830, reference to which plat is hereby made for a more particular description. GPIN: 2414-31-6336 H:\AM\—Mod of Proffers\Anderson's Home&Garden\lst Amendment to Proffers.docx 6 Virginia Beach Planning Commission January 11, 2023, Public Meeting Agenda Item # 7 AGI-VB Holding, LLC (Applicant & Property Owner) Modification of Proffers Address: 1925 Fisher Arch RECOMMENDED FOR APPROVAL—CONSENT Mr. Horsley: Thank you, Mr. Wall. Our last item on the consent agenda is#7. AGI-VB Holdings LLC, Modification of Proffers, Mr. Bourdon. Mr. Bourdon: Thank you again, Mr. Horsley, members of the Commission, for the record Eddie Bourdon Virginia Beach Attorney representing AGI that is Anderson's Nursery, and it's a proffered modification and we appreciate Michaela McKinney's help on this as well as the rest of staff. Thank you. Mr. Horsley: Thank you, sir has any opposition to this Modification of Proffers. Hearing none we've asked Mr. Bradley if he would read this. Mr. Bradley: Thank you. The applicant is requesting a Modification of Proffers to amend the proffered conceptual site plan associated with the 2014 Conditional Rezoning request. The request will include the addition of a 2100-square foot outdoor seating and activity area as well as two 814 square foot storage buildings used to store equipment for the existing retail business. Staff recommended approval of this. Since there's no known opposition, we were placing this on the consent agenda. Mr. Horsley: To summarize, we've got five items on the consent agenda, #1 City of Virginia Beach, #2 Tony Saady, and Lina Saady, #4 Lucy Gwaltney Clay, #6 K.M. Cash Construction Corporation, and #7 AGI-VB Holdings, LLC. Mr. Chairman, I have placed the motion that we approve these applications by consent. Mr. Alcaraz: Thank you, Mr. Vice Chair. Thank you. Do I have a motion to approve the consent as read by the Vice Chair. I have a motion to approve, Mr. Horsley and a second by Mr. Weiner. Madam Clerk: The vote is open. Mr. Horsley and Mr. Weiner, can you hit motion and second please. Vote is open. By a vote of 9 in favor, and 0 against agenda items #1, 2, 4, 6, and 7 have been recommended for approval by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons AYE Coston ABSENT Cuellar ABSENT Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "REVISED CONCEPTUAL DEVELOPMENT PLAN OF ANDERSON'S HOME AND GARDEN CENTER", dated October 31, 2022, prepared by Kellam Gerwitz, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (hereinafter referred to as the "Revised Conceptual Development Plan"). Proffer 2: Except as modified herein, the remaining unchanged proffered covenants, restrictions and conditions as set forth in the 2014 Proffers are hereby ratified and affirmed. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. PROFFERS FROM THE 2014 CRZ Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "REZONING EXHIBIT OF PROPOSED ANDERSON'S HOME AND GARDEN CENTER FOR PRINCESSBORO DEVELOPMENT", dated 02/06/14, prepared by Kellam Gerwitz, P.C., which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Conceptual Development Plan"). Proffer 2: When the Property is developed, the structures depicted on the Conceptual Development Plan shall be developed using architectural designs, materials and colors substantially as designated and shown on the three (3) exhibits entitled "ANDERSON'S HOME AND GARDEN SHOWPLACE" (a) "Elevation - Sandbridge Road", (b) "Perspective" and (c) "Material Color Selections", prepared by arci architects, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). Proffer 3: The freestanding sign depicted on the Conceptual Development Plan shall be a monument style sign substantially as depicted on the exhibit entitled "ANDERSON'S HOME AND GARDEN SHOWPLACE, Elevation—Street Signage", prepared by arci architects, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Sign Elevation"). Proffer 4: When the Property is developed, it shall be extensively landscaped in substantial compliance with the detailed landscape plans designated "LANDSCAPING SHEET OF ANDERSON'S SHOWPLACE", Sheet L 1 and "LANDSCAPE NOTES & DETAILS OF ANDERSON'S SHOWPLACE", Sheet L2 presented by Kellam Gerwitz, P.C., which have been exhibited to the Virginia Beach Department of Planning (the "Landscape Plan"). Proffer 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. ;I_ l :_____ L------ --\\ lir V 111//////////121 , , Ira iii ____ ta R7:5 R7.5 R-7:5 �? _ / R7.5 R7.5 a ` ill -----L-c--.-- l ' H ; Suite N /// Site Legacy Haven Animal Rescue W '4?�'- E Property_Polygons 5433 Hunt Club Drive s Zoning i Building wm======imio Feet 0 510 20 30 40 50 60 1PLAN TRANS SURFACES M r"l ki r, \l1 l i yiliJ .-^ it c;• CITY OF VIRGINIA BEACH AGENDA ITEM IN ITEM: LEGACY HAVEN ANIMAL RESCUE [Applicant] ELAINE SWARTS [Property Owner] Conditional Use Permit (Residential Kennel)for the property located at 5433 Hunt Club Drive (GPIN 1467312466). COUNCIL DISTRICT 1, formerly Kempsville MEETING DATE: February 7, 2023 • Background: The applicant rehabilitates, rescues and provides hospice care for dogs. The applicant currently has six dogs on the property that are foster animals until a forever home can be found. The Zoning Ordinance allows up to four personal dogs on a property without a Conditional Use Permit for a Residential Kennel. The applicant was made aware of the need for a Conditional Use Permit when a complaint was issued to Animal Control in April 2018. As such, in order to rectify this oversight, the applicant is requesting a Conditional Use Permit for a Residential Kennel for up to 10 dogs on the approximately 7,500 square foot lot in the Huntington Estates neighborhood. According to the applicant, the process and length of time to rehabilitate and rehome a dog is dependent upon the dog's progress, but most will spend an average of one year under the applicant's care. Dogs in hospice typically spend up to a year in the applicant's care until they transition. No breeding of animals or outdoor kennels are proposed and animals are not permitted to be dropped off at the residence. • Considerations: All dogs are kept inside a 1,700 square foot single-family dwelling. Dogs are allowed outside for recreation and relief in the fully enclosed backyard between 8:00 a.m. to 10:00 p.m. The applicant currently has a six-foot-tall stockade fence enclosing the backyard. Animal Control received multiple complaints from 2018 to 2022 concerning excessive barking and the number of dogs on site. In 2018,the applicant was made aware of the need for the Conditional Use Permit for having more than four dogs on the residential property. The applicant has been non-compliant and is currently attempting to rectify this issue by obtaining a Conditional Use Permit. An animal cruelty report was issued in April 2022 due to animal negligence. Four follow up visits were conducted with notes of improvements to medical care and the health of the dogs, thus, clearing the animal cruelty report in June 2022. Legacy Haven Animal Rescue Page 2 of 3 Six letters of opposition and two letters of support were received by Staff. One speaker at the Planning Commission public hearing was in attendance and voiced concerns regarding the number of dogs on site, excessive barking, debris in the yard, and odor. Although Staff and the Planning Commission have recommended denial of the application, staff has provided recommended conditions should the City Council choose to approve the request. One recommended condition would limit the number of dogs permitted on site to no more than five. This recommendation is based on a similar application that was granted at a nearby residence in 2006. That applicant had a 10,000 square foot lot and was allotted seven dogs on the property. Further details pertaining to this application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On January 11, 2023, the Planning Commission passed a motion to recommend denial of this request by a vote of 9 to 0. If the City Council chooses to approve the request, Staff recommends the following conditions: 1. This Conditional Use Permit shall be limited to a maximum of five (5) adult dogs. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a daily basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. The existing fence on the property shall be maintained in good condition for the duration of the Conditional Use Permit for the Residential Kennel. 5. There shall be no breeding of dogs on the site. 6. No more than four (4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (2) Letter(s) of Opposition (6) Legacy Haven Animal Rescue Page 3 of 3 Recommended Action: Staff recommends Denial. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department City Manager: Applicant Legacy Haven Animal Rescue Agenda Item Property Owner Elaine Swarts Planning Council CommissionDistrict Public1formerly Hearing January 11, 2023 c►ty��I City , Kempsville 8 Virginia Beach Request Conditional Use Permit (Residential Kennel) Staff Recommendation 40 pgR4, 'I W Denial s"`�R0 a,yTOR c ti L W Q Staff Planner - N``N�� '` a Michaela McKinney ` �% �� 1 W Q. /o ' 1, 0, g i 4's cT �F,$ yy/ CFSTFR Cr Location o F "p4t4f Y. 5433 Hunt Club Drive - ql ! a. 4,OR�RCOR` cP GPIN ,�� re o "e 1467312466 o''� Site Size JJ�_ 7,497 square feet 3 G SUSmitQUEHANNA DR "� AICUZ I r ,SIR BAdB DNL , L8Ow::: Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential ,� NEt1gERRy CT Surrounding Land Uses and Zoning Districts .,.-- North Single-family dwelling/ R-7.5 Residential South - ..T t. Single-family dwelling/ R-7.5 Residential , ,1- _ 9 i YqY East = , ` _ ,� Hunt Club Drive [ � Single-family dwelling/ R-7.5 Residential ' . �� West '•�- '`{'�'`� -'- 4�.-''� f ice * .? Single-family dwelling/ R-7.5 Residential .r 4i f' ' t:-N . -" Legacy Haven Animal Rescue Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant was recently made aware of the need for a Conditional Use Permit for exceeding the number of dogs allowed in a residential home. The Zoning Ordinance allows up to four personal dogs on a property without a Conditional Use Permit for a Residential Kennel. As such, in order to rectify this oversight,the applicant is requesting a Conditional Use Permit for a Residential Kennel for up to ten dogs on the 7,497square foot lot in the Huntington Estates neighborhood. • The applicant rehabilitates and rescues dogs in need of care as well as caring for hospice dogs. According to a Zoning Inspection conducted in September 2022,the applicant currently has 10 dogs on the property. According to the applicant,the process and length of time to rehabilitate and re-home a dog is dependent upon the dog's progress, but most will spend an average of one year under the applicant's care. Fostered dogs undergo training centered on outings and interactions with humans. Dogs that are in hospice care follow a similar timeline as the rehabilitated dogs, meaning their end-of-life care can last from months to a few years. • During 2022 there were numerous complaints from neighbors, animal control conducted five inspections in the calendar year due to suspected negligence. Upon inspection, officers found negligent care, unsanitary conditions, no conditional use permit for the 10 dogs within the residence. • Dogs are transported on and off site by the applicant in her personal vehicle. No dogs are dropped off to the property, as the process of obtaining the dogs is planned and vetted through the applicant before accepting dogs into her care. • The dogs are kept indoors except for periods of relief and play in the fenced in backyard or daily walks. Dogs are allotted outside playtime between the hours of 8:00 a.m. to 10:00 p.m.,daily. The applicant's practice of permitting only two to three dogs outside at any given time and under supervision will continue should this proposal be approved. • No breeding of animals is proposed. There is no outdoor kennel or structure proposed with this request. —, ' / /r .'"','''' r-----_,:, __,1,_ „/ .: f", ,-, . ' . I -__ L____ r / : .. '-7 No Zoning History to Report r A ---___LJ \ L______,I ______ -, 0 , , i-----7 IL_— - \______ —_� . ` + `� 1 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Legacy Haven Animal Rescue Agenda Item 8 Page 2 Evaluation & Recommendation This request for a Conditional Use Permit for a Residential Kennel, in Staff's opinion, is not acceptable, due to the lot size, number of animals, a history of negligence and failure to comply with the provisions identified in the City's Zoning Ordinance. According to Animal Control,there have been multiple complaints and a cruelty report, beginning in 2018 to the present. Complaints included more than four dogs with no Conditional Use Permit, an excessive amount of barking and concern regarding the health of the dogs. Animal Control conducted a visit in April 2022 and discovered 15 dogs on the property. Animal Control noted that majority of these dogs were confined to their crates,some dogs were not up to date with their rabies shots, and none had their 5-way vaccine shot. It was reported that dogs were neglected and appeared to be very lean,two of the dogs were claimed to be eating drywall. The condition of the house was noted to be unsanitary with animal waste and cleaning products covering the floor. Four follow-up visits were conducted by Animal Control between April and June 2022 and the animal cruelty report was cleared after improvements of cleanliness and medical care were noted each visit. It is reported that the applicant was not cited by Animal Control in 2018 due to the cleanliness of her home and all paperwork being in order. Staff was unaware of this issue until September 2022 when a zoning inspector visited the site due a complaint from a neighbor, 10 dogs were reported on site and barking could be heard from the outside.The applicant was again informed that she was above the limit of dogs allowed without a Residential Kennel approval. Per Section 111 of the Zoning Ordinance, a residence can have no more than four(4) dogs over six(6) months of age on the property at one time. For over four years,the applicant has been made aware that a Conditional Use Permit was required to house over four dogs on the property. The applicant opted not to apply for the required Conditional Use Permit to rectify the violation. Due to more recent complaints,the applicant applied for the Conditional Use Permit for a Residential Kennel to rectify the Zoning issue. This property is located along a local residential roadway. This house is surrounded by three single family dwellings on the east,west and north side;the yard is enclosed by six-foot-tall stockade fence. Staff does not anticipate a significant increase in traffic with this proposed use. Per Section 223 of the Zoning Ordinance, outdoor kennel structures shall be within 100 feet of the property line of any adjacent lot, except where animals are kept in soundproof, air-conditioned buildings. There are no outdoor kennels proposed on this site, as all dogs living on the property have been housed inside of the single-family dwelling and are only outside for play time and relief. A similar application was granted in a nearby residence in 2006. That applicant had a 10,000 square foot lot and was allotted seven dogs on the property. Given that there is a similar use in the neighborhood, Staff compared the number of dogs per square footage to approximate the amount of dogs that may be allotted on this parcel should the Planning Commission wish to grant approval of this request. Condition one has been recommended to limit the number of dogs onsite to no more than five. Although the applicant is attempting to come into compliance by way of this application, Staff is recommending denial based on the use as it is proposed, a history of neglect for the animals and the applicant knowingly being out of compliance with City's Zoning Ordinance for years. Recommended Conditions If the Planning Commission chooses to recommend approval of this proposed residential kennel, staff recommends the following conditions: 1. This Conditional Use Permit shall be limited to a maximum of five (5) adult dogs. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a daily basis. Legacy Haven Animal Rescue Agenda Item 8 Page 3 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. The existing fence on the property shall be maintained in good condition for the duration of the Conditional Use Permit for the Residential Kennel. S. There shall be no breeding of dogs on the site. 6. No more than four(4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 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 property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed.There are no known natural or cultural resources on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Hunt Club Drive No Data Available' Existing Land Use Z-10 ADT 'Average Daily Trips 2 as defined by a single family 3 as defined by a single-family Proposed Land Use 3-10 ADT home home Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Hunt Club Drive in the vicinity of this application is considered a local residential roadway. No traffic counts are available at this location. Legacy Haven Animal Rescue Agenda Item 8 Page 4 Public Utility Impacts Water & Sewer This site is connected to City Water and City sanitary sewer. Public Outreach Information Planning Commission • Staff has received six letters of opposition from nearby neighbors,two letters of support from people within the animal rescue community,and one speaker in opposition was present at the Planning Commission Hearing. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on December 12, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 25, 2022 and January 1, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 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 January 5, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 22, 2023 and January 29, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 23, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on February 3, 2023. Legacy Haven Animal Rescue Agenda Item 8 Page 5 Site Layout 1 ... ... 6 ft tall a `` ... -� fence i Ilb A ■ to 1, 00 We f/j8 I -If ft I °tint Club Drive Legacy Haven Animal Rescue Agenda Item 8 Page 6 Site Photos --: ,: .w t 7.};•. ``i, swww a.5±�4• -. _ ate' _ .. - • i I Li II . __. 87 8 _`. 3 .•8t a3s•. 3 { _". 1 * kA.LS,.--� +c•2's.,fk�?r iY �t 3a )� rWt-• r�`� r tv :4 t' ♦ bs> 4 •f tTF'' Rs!is t� 4^-'•,-..'iis'k. ."' '- s.i,.t 1,.. -' ,W��Y-�.,}�[11 •y. :��3� .ti � ; `� � �`°fr ia4 tit � s t.... .. -• C••. r ,. ,, +, ,+,'h v _n,.�; Iry l;t,.. '.I G i"�'L L. +3>, �., r w i`Y 12 r -V I t$ 'y ry �•y,_ * - - .d}aY'4 L. ot•t F + • �l4. q�K,{Q1.y,ei 't ,,, e 4 i•t i,"A' i q j'q -. t- '3, a*� r.k _:. . , ^7 tttr; ,a .�..e' trS�tIk a,,j.,r M/,,'ti.y: :s },. 1:�.++. �' {�,;yr �.J.�1F � �,{� ? ti � _ rfi +yrr- a. s'S".-iw 91 3` k- hels* , r��j w' -y1Y r,,�'�}^/.. Ya1i'.a..> ?+•r,c LT1".- .IS ,1tp ; "� 0 ..F 1. Z ?Y . �: .,,. �,t qq 4--K 'Jy �.i era.r r ,,,a x -;:,t..''18I ifta- `'r 4� 4e ,. Tit,.... - 1 , <_ ^°{ 'te � - - ` '•" r it .r 4' t i'..,. .t.' 'ice• ::., 4 ,.,,. , - ,, . ., .,, 4---.17,1f1:;' ,- ft.t 11 i- ' Legacy Haven Animal Rescue Agenda Item 8 Page 7 Disclosure Statement Disclosure Statement City of Virginia Beach Planning&Community Development_ .-- The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Legacy Haven Animal Rescue Does the applicant have a representative? •Yes 0 No • If yes,list the name of the representative. Elaine Swans Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes E No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Elaine Swarts—director Marilyn Lombardi--Board Chairman • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) no I"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. hevised 11.09.2G2L 1 Legacy Haven Animal Rescue Agenda Item 8 Page 8 Disclosure Statement Disclosure Statement Mi3 City of Virginia Beach Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑ No • If yes,identify the firm and individual providing the service. Elaine Swarts,N/A 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 1111 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Legacy Haven Animal Rescue Agenda Item 8 Page 9 Disclosure Statement Disclosure Statement e,„ Vas* s e Punning&Commun' Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes . 'No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. «tom . j. Applicant Signature rt 4-,N•if �wr�Q�r � i n-7-Pc Print Name and Title U/�/ / Wit✓� Y Date Is the applicant also the owner of the subject property? .eS • 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 Nochangesasof Date 01/19/2023a �. Pr"Pam"- Michaela D.McKinney Revised 11.09.2020 Wage Legacy Haven Animal Rescue Agenda Item 8 Page 10 Disclosure Statement Disclosure Statement \33 City of Virginia Broth Planning&Community Development Owner Disclosure Owner Name Elaine Swarts Applicant Name Legacy Haven Animal Rescue 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-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? "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 Legacy Haven Animal Rescue Agenda Item 8 Page 11 Disclosure Statement Disclosure Statement City of Virginia Broth Planning&Community q 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/reakor 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. Elaine Swags,N/A 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 I No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑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 l Legacy Haven Animal Rescue Agenda Item 8 Page 12 Disclosure Statement Disclosure Statement V13 csiv t,,Itivraa �-��, Planning&Community Development .100111111C-- 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 ^ x►� S�'A.)gaei Print Name and Title O/3J/ D Revised 11.09.2020 7 I P a g e Legacy Haven Animal Rescue Agenda Item 8 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. Legacy Haven Animal Rescue Agenda Item 8 Page 14 Virginia Beach Planning Commission January 11, 2023, Public Meeting Agenda Item # 8 Legacy Haven Animal Rescue (Applicant) Elaine Swarts (Property Owner) Conditional Use Permit (Residential Kennel) Address: 5433 Hunt Club Drive RECOMMENDED FOR DENIAL — HEARD Mr. Alcaraz: Thank you. Next item. Madam Clerk: Mr. Chairman, our last agenda item for the day is agenda item #8, Legacy Haven Animal Rescue. It's a request for a Conditional Use Permit for a Residential Kennel in 5433 Hunt Club Drive in Council District 1. Would the applicant or the applicant's representative, please step to the podium. Ms. Swarts: Okay, my name is Elaine Swarts. I am the owner of the property at 5433 Hunt Club Drive. I am also the founder, director, and chief foster home for Legacy Haven Animal Rescue, and I'm going to admit I am not a public speaker. Mr. Alcaraz can vouch for that one. I can probably answer your questions, but I'll give you a little bit of a background on Legacy Haven, and how I ended up standing here. Legacy Haven is a dream come true for me. Over 20 years ago, I started rescuing animals, rescuing dogs, one dog at a time. I have worked with various rescues in the area, again fostering one or two dogs at a time. That was in 1998 when I started. A few years ago, I was forced into retirement and decided to work towards my dream. That dream started coming true. Unfortunately, my health failed. Since 2019, I have had four major operations. I had a friend who was supposed to be my caregiver, supposed to be caring for my dogs at the same time, only come to find out a year ago that I wasn't being very well taken care of, nor were the animals being very well taken care of, and that steps were taken to rectify the problem, she was forcibly removed from my home. Legacy Haven endeavors to rescue or what we call pull animals from small rural shelters. We unfortunately don't pull too often from Virginia Beach because they have such a large budget and a lot of supporters. We were reaching out to shelters like Brunswick County, and places like that, minimal shelters with 10 to 12 kennels, and exceedingly small budgets. We're trying to save the lives that we can save. We're pulling what some people refer to and excuse me, it's uncomfortable to say ride or die. Meaning by the time I'm made aware of the dog, the dog either has to leave the kennel within a few certain hours or it'll be euthanized. We also get a lot of sick dogs, senior dogs. I'm sure you've all seen some of the horror stories about these 10, 12, and 14-year old animals being surrendered to shelters when the owners no longer can handle it. Legacy Haven is there to provide that safe haven and landing for the dogs. That's what we were endeavoring to do. Unfortunately, somewhere along the line that all went awry, and then I discovered that I'm in violation, my dogs are not being taken care of, and excuse me, but that's a sore subject and makes me very angry. I have to admit, part of this is my fault because I trusted someone, while I concentrated on my health. I'm scrambling to rectify these problems, and that's why I'm standing here today asking for this Residential Kennel permit. The numbers of the dogs have decreased considerably within the house. Some of the dogs were transferred to other rescues. Unfortunately, some of the, what we call hospice dogs have gone to what we call the Rainbow Bridge, or they have been euthanized for their health issues, and I had unfortunately also had one euthanized by Virginia Beach Animal Control for behavior. I have a zero tolerance for human aggression in a dog. I don't care what breed of dog it is; I can't tolerate aggression towards humans. That's just me. That's a personal thing that a lot of rescuers will disagree with. We're endeavoring to raise the money to get these dogs, their shots, and things. We're getting very close to having everything up-to-date and getting it where it needs to be. As a matter of fact, I think probably within the next 10 days, we'll have it all in place where it needs to be with these dogs vetted, cared for everything they need. I'm just asking the Planning Commission to give me a chance to save Legacy Haven and go on saving one dog at a time because that is a decision that the Board of Directors for Legacy Haven has made, one dog at a time. We asked for 10 when we started this process. I noticed in the paperwork that Michaela sent to me that a compromise of five was offered. We're quite willing to accept that compromise. We're willing to accept all of the recommendations that we received, and at this point, I don't know what else to say. I'm happy to answer any questions anyone has. Mr. Alcaraz: Thank you, Ms. Swarts. Are there any questions for the applicant? Yes, Mr. Horsley? Mr. Horsley: We understand that the animal control came to your house in 2018, and explained to you that the number of dogs you had, you had to get Conditional Use Permit for it, and why is it taken four years to do that? Ms. Swarts: I'll be honest with you sir, I do not remember that. If it's what I think it was, I don't even remember having that many dogs at that time. There was a complaint made to Animal Control by a Regina Quinn as a means to get at me or coming at me to get at a rescue that I was working with. Mr. Horsley: No, but the report we got that Animal Control had told you to have those number of animals, and you need to get a Conditional Use Permit, and it has taken four years for you to finally decide to do that. Ms. Swarts: I'll be honest with you sir, I hadn't planned on continuing it this way. Mr. Horsley: Okay, but do you know that you can have four without any permit? Ms. Swarts: Yes. Mr. Horsley: So if you want to do one dog at a time, wouldn't four suffice. Mr. Swarts: At this point in time, I currently own three dogs. Ms. Horsley: So that would be enough. Okay, thank you. Mr. Alcaraz: Ms. Oliver, you have a question? Ms. Oliver: So, you say you own three dogs? How many dogs are you fostering in your home? Ms. Swarts: I currently have three fosters, I have two what we call adoptable, meaning we're actively aggressively looking for homes for them, and the third one is what is called a hospice. Ms. Oliver: So, you have a total of three dogs? Ms. Swarts: No, a total of six dogs within the house. Ms. Oliver: So, there is a difference there? Ms. Swarts: Yes. Ms. Oliver: So not only has Animal Control, and I know you stated that you had a surgery in 2019; you started in 1998, correct. So you starting practicing in 1998, Animal Control came in 2018, and you had 20 dogs in resident at the time. Ms. Swarts: 2018, and I had 20 dogs? Ms. Oliver: May 4, 2018, you had over 20 dogs. Ms. Swarts: I have never had that many dogs in my house. Ms. Oliver: My point being this is a report from Animal Control, and April 27, 2022 of this past year, you had 17 dogs, and nobody was up to date on shots. You had an operation in 2019, but this is 2022 now. The dogs are in bad condition, the house is in bad condition. I don't know if you have a read the report from Animal Control. Ms. Swarts: No, I have not been able to get a hold of it, but I requested it before. I have requested it from Animal Control. No one seems to be able to provide me that with that report. Ms. Oliver: I'm just curious on this timeline from 1998, to Animal Control, letting you know that you needed a permit from the City in 2018, and now we're in spring of 22, less than a year, and the problem has gotten worse, and I'm just trying to understand exactly how you're fostering animals. Ms. Swarts: As I stated in starting in 2019, I had four major surgeries. Ms. Oliver: I understand that, but that's when you give the dogs to somebody. Mr. Swarts: There was supposed to be someone in that house caring for the dogs. Ms. Oliver: So, the dogs were left alone in the house, were you not in the house? Ms. Swarts: I was in the house. I was recovering from the surgeries. I had four surgeries, my last surgery being in April of 2021. Ms. Oliver: How many square feet is that house? Ms. Swarts: 1800. Ms. Oliver: So, it is 1800 square feet, Animal Control states that you have 20 dogs in there. There are two adults, and you don't know that's going on. Ms. Swarts: Because of the type of surgery that I had had no. I had been medicated and being cared for or supposed to have been being cared for. Mr. Alcaraz: Alright, any other questions for the applicant? Alright, I think we have a speaker, and then we will let you come back to rebut, thank you. Madam Clerk: Elizabeth Blackwell. Ms. Blackwell: My name is Elizabeth Blackwell. I live at 5522 Hunt Club Drive, so the house in question is diagonally across the street. First thing I'd like to say is she has cleaned up the house in the last month, the grass is cut, the junk is gone, but historically over the years, it's been never ending. It's always dumped around mailbox; I don't know if that the city hasn't picked it up. It will be weeks. There's always junk in the driveway ranging from appliances, to cages, to a rusty RV. Anyway, the houses in our subdivision are very close together. It's not an ideal location for a kennel of any kind, including a 1700 square foot house. My house lots are the exact same dimensions, 7500 square feet is generous for the entire thing. Her website says that she will start with adult dogs, but will eventually be taking puppies, cats, and kittens. There's a picture on the website of the dogs. The grass is up to the dogs, you know, I have a small backyard. It's exactly the same as hers. My elderly neighbor whose house is catty-corner cannot open her patio door most days for the smell and the noise, more the smell. My neighbors are in their 90s. I don't know how it would affect my property value, but I can't imagine it would not be good, and that is a concern. My husband just went over there about two weeks ago to ask if he could call someone to come pick up some appliance in the driveway that was sitting there, and that's not unusual, and thank you, I don't know what else to say without going on. Mr. Alcaraz: Thank you. Are there any questions for the speaker? Alright, Ms. Swarts you can come back up if you would like to rebut on her concerns. Ms. Swarts: Not quite sure where to start. The appliances including the one that she mentioned that her husband asked about is a result of appliances within the house that have failed or broken. They've been moved to the curb by the tradesmen who's helped me replace it. All pickup has been arranged, and they're gone. I've been in the house since 1998. Appliances fail. Some tradesmen will take the appliances with them, some move them to the curb for me to contact for bulk pickup. The RV belong to the person who was supposed to be caring for me. That took a lot of debate, heated discussions and help from the city to finally get it towed out of there. Neighbors didn't complain, didn't say anything to me personally, no one offered to help me. As far as the neighbors beside me and the smell, I'm more than a little bit confused because I scoop regularly, and that house is nowhere near close enough to smell my backyard, or my trash cans. So that I'm just not quite sure understand what her complaints are. My dogs are not out the front door except to go from the front door to the car for a vet, or appointment, or something like that. The barking is kept to a minimum, we go so far as to teach the dogs not to put their feet on the fence, and that we call don't bark at the neighbors, meaning they're not allowed to run the fences and bark at anyone. I can't stop the dogs from barking when someone knocks on the door, and they're going to bark. They are just never more than one or two dogs in the yard at a time and I'm always out there with them. So, I'm a little bit confused as to why a neighbour across the street who has never seen fit to speak to me has complaints about what's going on in my personal life. I don't understand why she didn't come to me directly instead of coming here, but, like I said, when I started this, I'm not a professional speaker, all I can do is speak from my heart and hope that I'm heard and heard correctly. Mr. Alcaraz: Okay, well, I'm gonna ask the Commissioners for any questions. So, are any additional questions you'd like to ask the applicant? One I'm going to ask. So, we got a lot of letters of opposition, those neighbors do you ever hear from them complaints? None? Ms. Swarts: None of them. No one ever came asked me what was going on, what I was doing. When things were bad during my surgeries and my recoveries, no one offered to help, no one came to see what was going on. As a matter of fact, and I'm just gonna throw it out there, when my ex-husband was beating me half to death, and I'm screaming bloody murder for help, none of these neighbors who were posting my life at this point in time, even call the police department, but now they suddenly oppose what I'm trying to do. They've never even spoke to me, come to my door, and told me their concerns or offer to help. Mr. Alcaraz: Then I need to ask when Animal Control was there and there was a complaint in these numerous years, did you ever work that out? Ms. Swarts: They're all worked out. Everything was taken care of. Mr. Alcaraz: Did you work it out with the complaint, whoever made the complaint? Ms. Swarts: I am not allowed to know who makes those complaints. They protect the identity of those complainants. Now the complaint that was made in April of last year, know who that person was. She tipped her hand, when she made some complaints about one of the dogs in my care demanding that the dog be turned over to her. It was also the person who was supposed to be my caregiver, who by that stage of the game had already threatened my life bodily, and I had already gotten a protective order against her. So that legal actions are still processing on that. In April of last year was done out of pure spite simply to get me in trouble. Mr. Alcaraz: Okay, well, I'm just bringing this up because this is really; these complaints are really against you. Ms. Swarts: I only know two people that make complaints to me, and I think the one of them know with Regina, I think it was Quinn attacking me to get to the Director of Operations, they have a shelter dog that I was fostering with at the time, and she made up a lot of things that were totally bizarre. There were not 20 dogs in that house. I think that was what she stated, but there were not 20 dogs in that house at that time, and the one in April, I admit that things were wrong, but I was just getting to a point in my recovery where I was becoming aware of things, and realized I should not have let that get to that point. Mr. Alcaraz: We got to move on because I've heard that part, I just need to let you know that this report is really against you right now, and on the report, it did say on visual inspection you had 15 dogs. So right now, unless there are any other questions, think we'll close this so we can discuss it. Just have a seat for a second. Thank you. Are there any questions, discussions, or motion? Mr. Redmond? Mr. Redmond: Well, I would like to make just a couple of points in this applicant's defense, we look at the land use, and whether or not there's a washing machine on the front lawn or something really doesn't seem to impact whether or not this is an appropriate place, density, environment. Whether the conditions that we think should be in place to operate a kennel, you know, are there, so but that said, it doesn't seem to me like those conditions are in place. This is a very densely packed neighborhood. It does not surprise me that neighbors would be disturbed by dogs barking, dogs will bark, you're exactly right, I understand that. That's what those animals do, and I understand that the applicant has had some very difficult personal challenges of late. Nonetheless, I'm convinced that resolving some of those personal challenges, and getting to a bit more stable situation would probably be necessary before I'd be comfortable recommending approval of the permit for kennel. There is a certain amount, a certain number that's allowed by right, and what's allowed by right strikes me as appropriate in this instance, so will not support this application. Ms. Alcaraz: Alright, thank you, Mr. Horsley. Mr. Weiner: I kind of echo what David just said, and the fact that you know, the size of this lot, the size of the house and conditions, and I can understand the lady has been in some hard times, but I don't think given a permit to handle 10 dogs is gonna help or eliminate some of those issues. I think we just make matters worse, and to be honest, I think four is probably too many, but that's what our ordinance allows, and we've got to allow that, but I can't support this application today either. From the reports that we've gotten from Animal Control, and the letters from the neighbors just didn't want support putting this in a community like this, thank you. Mr. Alcaraz: Alright, Mr. Horsley, any other comments? Mr. Wall. Mr. Wall: I think the applicant's heart is certainly in the right place, you know, looking at the comprehensive plan, it states to, you know, protect the stability of the suburban area and the plans primary guiding principles to create great neighborhoods, and I think this is, in the historical aspect of this, that it seemed been fairly impactful to the neighbors. So I find it, at this point, hard to support. Mr. Alcaraz: Alright, thank you, Mr. Wall. Anybody else? Ms. Oliver: I will make a motion to deny this application. Mr. Alcaraz: Alright do I have a second? I have a second with Mr. Horsley. Any Commissioners abstaining from this vote? None, alright there's a motion to deny it by Ms. Oliver and second by Mr. Horsley. Madam Clerk: Vote is open. By a vote of 9 in favor, 0 against agenda item #8 has been recommended for denial. Mr. Alcaraz: Alright, the meeting is adjourned, thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons AYE Coston ABSENT Cuellar ABSENT Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS If the Planning Commission chooses to recommend approval of this proposed residential kennel, staff recommends the following conditions: 1. This Conditional Use Permit shall be limited to a maximum of five (5) adult dogs. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a daily basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. The existing fence on the property shall be maintained in good condition for the duration of the Conditional Use Permit for the Residential Kennel. 5. There shall be no breeding of dogs on the site. 6. No more than four (4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 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: Jessica Eaton To: Michaela D.Mckinney Subject: Elaine Swarts/Dog Kennel objection,January 11th @ 12:00pm Date: Wednesday,January 11,2023 8:39:47 AM Attachments: elaine swarts fail to remove trash.pnc elaine swarts improper storage.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. Good morning, I am unable to attend today in person, but I cannot stand back and stay silent. I am writing this email as I object to the petition to place a residential dog kennel in my neighborhood. In the summer Elaine Swarts was ticketed and found guilty of"Failure to Remove Trash", which I will attach to this email. If she cannot keep her residence clean without having to care for 10 dogs, how on earth will her residence look if this request goes through? The amount of dog waste that will be produced will be immense and if she is not keeping up with their environment, the smell and runoff will be overwhelming and abusive to the dogs having to live in it. The noise of having 10 dogs in such a small area will also be a major problem for all residents. The neighbor whose home backs up to Elaine's backyard is in her 80's. The last thing she needs and deserves is to constantly be surrounded by barking. If Elaine truly cared about dogs, or animals in general, she would not go through with this. The adequate resources and space are not available in a residential neighborhood. Ultimately this will have a negative affect on the dogs that come into her care, the surrounding neighbor's quality of life, the value of our property, and the future of our neighborhood. Jessica Eaton 200 Newberry Ct Virginia Beach, VA 23462 Je Sica'Eatavv Deputy Clerk Circuit Court Clerk's Office 2425 Nimmo Parkway, Building loB Virginia Beach,VA 23456 (757) 385-4979 www.courts.state.va.us www.vbgov.com/courts From: James Eaton To: Michaels D.Mckinney Subject: Elaine Swartz Dog Kennel-Hunt Club drive Date: Wednesday,January 11,2023 7:40:14 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. Good morning, I am writing to state that I am firmly against having a dog kennel in this close of proximity to my house. Elaine has never done a good job taking care of her property and I fear this will further the decline of not only the condition of her property, but the value of the properties surrounding hers. This kennel undoubtedly will bring with it incessant noise and smell, but I feel danger is also a possibility. The only breed of dog Elaine keeps is Pit Bull terriers. I believe this is reason for concern as these dogs have a reputation for being strong and aggressive, and can be dangerous to the children and other pets in the area. I will no longer feel comfortable taking my dog for a walk if this kennel is allowed to be put in place because I know that Elaine would not be able to restrain 10 Pitbulls from their prey drive. I have spoken with other neighbors of mine and know I am not alone in this.As a neighbor with great concern for myself and the entire neighborhood,please do not approve this kennel. Thank you Sincerely, James Eaton 5445 Birdhaven Ct Virginia Beach,Va, 22462 From: )anet Wright-Eaton To: Michaela D.Mckinnev Subject: Elaine Swarts/Dog kennel in residential neighborhood Date: Wednesday,January 11,2023 7:05:23 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. I am against having a dog kennel across the street from my house.It will bring my property value down not to mention Elaine Swarts'yard is already a garbage zone.I can't imagine the odor this will bring in addition to the noise.Please consider the rest of the neighbors and don't allow this to take place. Thank you Janet Wright-Phelps 200 Newberry ct Va.Beach Va 23462 Sent from my iPhone From: ARL ENE MFTSTER To: Michaela D.Mckinney Subject: Legacy Haven Animal Rescue Application for Residential Kennel Date: Tuesday,January 10,2023 5:02:58 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. Attention: planning Commission City of Virginia Beach This email is regarding an application from property owner Elaine Swarts for a Residential Kennel to be located at the residential address at: 5433 Hunt Club,Virginia Beach 23462 GPIN(s): 1467312466; City Council: District 1,formerly Kempsville; Accela Record(s):2022-PCCC-00267 Re: Request for a residential kennel to allow up to 10 adult dogs. I am an animal lover and especially for dogs. However,to have a kennel of up to 10 adult dogs in our residential neighborhood with homes in close proximity to the proposed kennel,would be unsettling and disturbing to our normally peaceful and quiet neighborhood that we have enjoyed since the year 1980. Our own household and those of some of our neighbors include residents with chronic health issues and the noise factor of a kennel of dogs could be detrimental to their health and wellbeing. Other concerning perspectives of having an established kennel of dogs in our residential neighborhood is the impact it would most likely have on assessed property values and also create obstacles for the resale of nearby properties. For these reasons we are opposed to permitting a residential kennel in our neighborhood. Thank you for your consideration of our concerns. Respectfully yours, Marvin Meister and Arlene F.Meister Joint Owners 209 NEWBERRY Court Virginia Beach 23462-3417 Sent from my iPad From: Tism Blackwell To: Nlichaela D.Mckinney Subject: Legacy Haven Animal Rescue Hearing 01/11/2023 @12:00 noon. Date: Monday,January 9,2023 11:53:49 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. Regarding the zoning variance requested by Elaine Swartz at 5433 Hunt Club Drive 23462, we are strongly opposed. While the property has been kept fairly presentable the past couple of months, historically there has been a neverending collection of junk in front of the garage and on the side of the house. Junk and debris are often on the street for weeks at a time. For quite a few years, I had to look at an RV on the side of the house, rusted and surrounded by tall weeds. When Ms. Swarts has boarders/roommates,there has often been a car parked on the lawn, usually close to the front door. There can be some kind of appliance in the driveway for weeks at a time. The property is diagonally across the street from my house. Logistically,this is NOT an ideal location for a kennel of any kind. Her house and yard are the same square footage as mine and there is no way I could accommodate 10 pit bulls on my property. While her website does not specify the breed, I know that her propensity is toward pit bulls. Her website also states that she will start with adult dogs,then plans to eventually accept puppies, cats and kittens. My elderly neighbor(who shares part of Ms. Swartz's yard) already is unable to open her back door due to the noise and smell. Looking at pictures on her website,her back yard is not fit for any animal. While I don't really know how this would affect my property value, it can't be good. That is a concern for me. Thank you for taking my opinion into consideration when making your final decision. Elizabeth Blackwell 5422 Hunt Club Drive Virginia Beach VA 23462 757-407-0467 tismblack@.gmail.com From: Doris Bossie To: Michaela D.Mckinney Subject: Legacy Haven Animal Rescue Date: Thursday,December 29,2022 11:18:56 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 Planning Commission Members I am asking that you deny the application of Elaine Swarts for 10 dogs that she wants to keep for her Animal Rescue Operation/Business. My side yard runs parallel to her back yard and my home's bedrooms are only five feet from her property. It is already nearly unbearable for me when her dogs are outside barking all at once,even barking inside with the back door open. This operation has been at her home for nearly 24 years since she moved there. I have lived in my home for 37 years and I work a lot to keep up my property since my husband died several years ago. I wish there was a way to shut down her business. Yours truly, Doris Bossie 205 Newberry Ct. Sent from my iPad January 10, 2023 To Whom It May Concern: I'm writing this letter in support for Elaine Swarts and her commitment to animals. I have known Elaine for over ten years. I met her through the Pitbull Awareness Coalition of which she was a dedicated and knowledgable member. She was devoted to the breed and shared that admiration and willingness to help any animal that needed her. She taught me a lot about training, leash walking, grooming and doing what is best for the animal I have in my care. In all the years I've known her, I can honestly state that she would never abuse or neglect any animal. She has been known to educate other dog owners on walks if she sees a situation where she can educate. Her utmost concern is an animal's care and well-being. Having been to her house, I have seen the crate and rotate regiment she has in place and it is quite impressive. Every animal in her care gets play time, meal time and one-on-one time equally. She takes in the"problem children"and doesn't bat an eye ensuring they get the absolute best care she can offer. Most recently, when I had a medical issue with my own dog, Elaine dropped what she was doing to get myself and my dog to the ER Vet. She sat with me the entire time and reassured me that everything would be okay. It was a great comfort to have her there. Along the way, Elaine may have run across humans who wished her ill will. Whether it's her knowledge of animals or her dedication more to animals than humans, I don't know. But, I,for one, would trust her with my pets in any situation. Thank you for your time, Lori Latchford 1135 Virgilina Avenue Norfolk,VA 23503 1/11/23,8:53 AM Gmail-Letter 11401 Grnail Marilyn Lombardi<legacyhavenfordogs@gmail.com> Letter 1 message Shelly Sisco<barnbownd@aol.com> Wed, Jan 11,2023 at 8:20 AM To:legacyhavenfordogs@gmail.com To the City of Virginia Beach planning commission. I have known Elaine Swarts for several years and worked with her in rescue during that time. Her devotion and dedication to the dogs in her care is second to none.She goes above and beyond to ensure that all the dogs in her care are safe and healthy. She ensures that they receive all the vet care necessary for any medical conditions.When they are not under her supervision they are safely secured in their crates within her own personal home.All the dogs in her care are house trained and started on their basic obedience skills. Elaine provides several forms of enrichment for the dogs including but not limited to seeking out play groups or doggie daycare for the social ones if there are none available within the Foster group.When dogs are out in her yard they are not alone,they are always supervised and she's never more than a few steps away from them.One of the things that she does to ensure they're good behavior while in yard is she teaches them not to put their feet on the fence and not to do what she calls"bark at The neighbors". Any accusations of abuse and neglect are completely unfounded and are usually the result of someone being spiteful and vicious. Sincerely Shelly Sisco hops://mail.google.com/mail/u/3/?ik=b66000cdd7&view=pt&search=all&permthid=hread-f%3A1754732551454624463&simpl=rnsg-f%3A1754732551... 1/1 44r'i'l z 4.1 . / a) LL O I N 0 CD (N O - _ Cr. Ill H �'.� C-, iin41 C'J N U. -'' I, -7 ' i'- - -1 'Lc_::: _ ,-7 ,____i,-- - ------] ' LLII r as as ioe J lii rr 0 a = Rf eAua -alas- ?, 4...._________ cu = ,___-\ i -_,----, I-- ..c m ... ciii , -1co __I }' N44$7 m w— ci N.. r o li:7 N.\ ( 1(i, 4 vi I , ,. 7 Qi -5 i g-- 0-) F. ` >, a: o Qs o Q., CZ o \---f{ -1 CO OD 0 Q CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LASHAWNA D. POWELL [Applicant] SST HOLDINGS, LLC [Property Owner] Conditional Use Permit (Assembly Use) for the property located at 701 S Military Highway, Suite F (GPIN 1456273699). COUNCIL DISTRICT 1, formerly Kempsville MEETING DATE: February 7, 2023 • Background: The applicant is requesting a Conditional Use Permit for Assembly Use to operate a substance-free social venue in an existing suite of the River Shores Office Park located at 701 S Military Highway. The applicant's business, known as The 818, will be a strictly alcohol- and tobacco-free venue. While The 818 will collect a cover charge, since there will be no dance floor and no sale or consumption of alcohol, the business is not considered a bar or nightclub. The 818 will occasionally host live events, such as open mic nights, comedians, and live music. The proposed hours of operation are Tuesday through Thursday, from 4:00 p.m. to 10:00 p.m. and Friday and Saturday, from 4:00 p.m. to midnight. The applicant anticipates up to five part time employees. No exterior alterations are proposed. • Considerations: This request, in Staffs opinion, and the Planning Commission concurred, is consistent with recommendations made in the Comprehensive Plan for the Military Highway Corridor. The proposed business will provide a place for community members to gather helping to maintain "Great Neighborhoods" as referenced in the Comprehensive Plan. Sufficient parking is provided on site and no adverse traffic impacts are anticipated. The applicant provided a petition of support (attached) with 37 signatures, including two signatures from current tenants located in the River Shores Office Park. One speaker spoke in opposition at the Planning Commission hearing and voiced concerns about the adjacent multi-family development being negatively affected by noise. The applicant noted that they are currently installing soundproofing acoustic tiles in the interior of the building to mitigate impacts to adjacent property owners. Further details pertaining to the application, including Staff's evaluation, are provided in the attached Staff Report. LaShawna D. Powell Page 2 of 2 • Recommendation: On January 11, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum occupancy load shall be determined by the City of Virginia Beach Fire Marshal. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. All event activities shall occur within the building. 5. No amplification of music or use of speakers shall be permitted except within the enclosed building. 6. Hours of operation shall be limited to 4:00 p.m. to 10:00 p.m., Tuesday through Thursday and to 4:00 p.m. to 12:00 a.m. on Friday and Saturday. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (37 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department \p/i/p City Manager: Applicant LaShawna D. Powell Property Owner SST Holdings, LLC Agenda Item Planning Commission Public Hearing January 11, 2023 City of City Council District 1,formerly Kempsville 5 Virginia Beach Request Conditional Use Permit (Assembly Use) Staff Recommendation mom` Approval Q- 0 III Izi 0 0 a Staff Planner w , 2 _ Elizabeth Nowak a o I 2 W O HOBBSRDZ I Location ! a `1 701 S Military Highway, Suite F ��-0_, ow" i-4 ""15s GPIN 1456273699 , , °I ( THE STMAM.AVE— o Site Size o 1.— ..,„ 92,302 square feet (1,700 square foot suite) sP R� Q �-. o AICUZ / ''a`- 0 E 0 W 0 Z Less than 65 dB DNL in,D4gNR, 2� fASlPORTRo i W Watershed M�NFp(g0 �RRO cf�er(k z 3 Chesapeake Bay R N Existing Land Use and Zoning District Shopping Center/ B-1 Neighborhood Business, . 5 �t B-2 Community Business 4 -,,` _' Surrounding Land Uses and Zoning Districts North eF t, Single-family dwellings/ R-10 Residential .. kF 1 South ,• �,�. . r •,t. . ' 7 k Motel, multi-family dwellings/ B-4 Mixed Use, -,G T . `� 0 fir , , A-18 Apartment s* �— 3-. : East .� •4 - -.- ii.e - es.: y S Military Highway k-- `*rli ' - Office/ B-2 Community Business < . e West 4. I - '' , - - 1 ". `c ,(� ' f El i• ;_ . Multi family dwelling/A 18 Apartment t 1 i �i t . LaShawna D. Powell Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for Assembly Use to operate an alcohol-and tobacco-free venue in Suite F of the River Shores Office Park. The use will take place in a 1,700 square-foot suite in an existing building. • The River Shores Office Park is zoned both B-1 Neighborhood Business and B-2 Community Business. Suite F is located at the rear of the site in the portion of the parcel that is zoned B-1 Neighborhood Business. • The venue,to be known as The 818, will collect a cover charge,will play amplified music indoors, and will occasionally host live music,talent shows, comedy events, and open mic nights. Only non-alcoholic beverages will be sold on site. Food to be sold will be prepackaged or only require cold preparation, as there will be no kitchen onsite. • The applicant intends to install soundproofing in the interior space to mitigate noise levels. • Hours of operation will be from 4:00 p.m.to 10:00 p.m.,Tuesday through Thursday and 4:00 p.m.to 12:00 midnight on Fridays and Saturdays. Five part-time employees are anticipated. • Per the Zoning Ordinance, one space per 250 square feet of floor area is required for this shopping center.The total floor area of the buildings on site is 8,050 square feet, resulting in a minimum parking requirement of 32 parking spaces; however,there are 47 parking spaces on the site exceeding the minimum parking requirement by 15 spaces. • There will be no significant modifications to the site or to the exterior of the building. • At this time,the applicant has no immediate plans to install signs. ; I I / _ J Zoning History # Request iff/ 1 CUP(Assembly Use)Approved 03/17/2021 2 MDP Approved 05/13/2014 �� i / �,• � CRZ(B-1& H-1 to Conditional B-4)Approved %/' •• � '• 12042012 4 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,this request for a Conditional Use Permit for Assembly Use is acceptable.The use is consistent with the Comprehensive Plan's recommendations for the Military Highway Corridor, Suburban Focus Area 8, and is LaShawna D. Powell Agenda Item 5 Page 2 compatible with the existing shopping center. The Assembly Use helps maintain "Great Neighborhoods" by providing a substance-free location for community members to gather. As the site is only accessed from South Military Highway, there will be no vehicular impact on adjacent residential areas. The applicant has indicated to Staff that he intends to install soundproofing in the interior of the venue space to mitigate possible noise impacts. Additionally, Staff recommends Condition 5 to prohibit playing of amplified music outdoors. The River Shores Office Park exceeds the required parking minimum for a development of its size and character as defined in Section 203 of the Zoning Ordinance. Staff does note, however,that a Conditional Use Permit for an Assembly Use was approved in 2021 for 701 S Military Highway, Suite A that included a limitation on operating hours to ensure that sufficient parking would be available to the entire center.The hours identified in Condition 6 of that 2021 approval letter were understood to be opposite most other tenants' operating hours. It is Staff's present understanding that while this Assembly Use is no longer operating in Suite A,the Conditional Use Permit remains and would have similar operating hours as the proposed Assembly Use in Suite F. In Staff's opinion, as the shopping center has 15 spaces more than the required parking minimum, that only seven spaces would be needed for a 1,700 square foot unit at a ratio of one space to every 250 square feet, and as current tenants' operating hours are opposite the hours proposed by this applicant, sufficient parking will continue to be available onsite should another Assembly Use be operated in Suite A. The applicant has also noted that they will only permit customer parking at the rear of the parcel; parking spaces that are located immediately adjacent to S Military Highway and that are adjacent to Suite A would only be used during non- operating hours. As with the other Assembly Use in this shopping center, Staff recommends Condition 6 below to limit the hours to operation to be as described by the applicant. Staff is unaware of any opposition to the request and recommends approval of the application subject to the following conditions in this report. Recommended Conditions 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning& Community Development/Permits and Inspections Division.The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum occupancy load shall be determined by the City of Virginia Beach Fire Marshal. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors.A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signs. 4. All event activities shall occur within the building. 5. No amplification of music or use of speakers shall be permitted except within the enclosed building. 6. Hours of operation shall be limited to 4:00 p.m.to 10:00 p.m.,Tuesday through Thursday and to 4:00 p.m.- 12:00 a.m. on Friday and Saturday. 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. LaShawna D. Powell Agenda Item 5 Page 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located in the Suburban Area of the city, in the Military Highway Corridor Suburban Focus Area. The recommendations for this area are to replace industrial activities with more compatible uses such as medium density residential, office, hotel, and institutional uses. The proposed use is a mix of institutional and entertainment and is in keeping with the recommendations in the Comprehensive Plan.While the site is not being redeveloped,a new use moving into an existing commercial center is acceptable.The Comprehensive Plan suggests that new and redeveloped uses should improve the aesthetics of this corridor through high quality signage and landscaping. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed and the Chesapeake Bay Resource Protection Area (RPA).The application includes no construction or other ground-disturbing activities within the RPA. No cultural or historical resources are present on the property, and none will be affected by this project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Military Highway 44,900 ADT' 74,000 ADT 1(LOS 4"D") Existing Land Use 3_No Data Available Proposed Land Use No Data Available 1 Average Daily Trips 2 as defined by an event venue 3 No information available in the 4 LOS=Level of Service ITE Trip Generation Manual for event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Military Highway in the vicinity of this application is considered an eight-lane major urban arterial. The MTP proposes a divided facility within a 150-foot right-of-way. No Capital Improvement Projects are slated for this area. Public Utility Impacts Water The site is connected to City water. Service will need to be verified and improved, if necessary, prior to occupancy. Sewer The site is connected to City sanitary sewer. Service will need to be verified and improved, if necessary, prior to occupancy. LaShawna D. Powell Agenda Item 5 Page 4 Public Outreach Information Planning Commission • The applicant wrote a letter introducing his project to share with neighboring residents and tenants and to collect signatures of support for his proposal. The applicant received 37 signatures of support, including two signatures from tenants in the River Shores Office Park. 11 signatures had no or incomplete address information. 16 signatures were from the greater Hampton Roads area. The remainder were from residents of Virginia Beach. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on December 12, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 25, 2022 and January 1, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 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 January 5, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 22, 2023 and January 29, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 23, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on February 3, 2023. LaShawna D. Powell Agenda Item 5 Page 5 Proposed Site Layout vTIT wp H}� ' -* - ' - ' - fil '.* 144/ lift . a)u fa Q v, ` • j i 4.4 L f0 Q c 'I v Q) TD _ - C p N r; - - -fi 0-` r f p t LaShawna D. Powell Agenda Item 5 Page 6 Proposed Floor Plan --70t s. KA �4., V s w ci^L-) cAit1 4 F- L.- G<-y 0 t.t _ _ - - _ . .\ it 0,9 0- i :-S'13"/ 1 ' ig—i{ je8 i k) 9Ce \s-t g'&\ ©\ x r IV 'k'' d Vii 4 -a. 5gb - 7 . 1 7 P 0 Sc\ , --(--1-, ) LaShawna D. Powell Agenda Item 5 Page 7 Site Photos joy • rK 1;—_--_.. III ,_/ ' • • j 4t "`,4ri-s'')^elf. ,_ . is ti ..c River Shores .;$- '�s H.. .-.;1 4,.,."-,.,:-i j• ,� Office Park r` w A'' 05•701s.rc h,m„ti H or.r) 41'. r, •- t-c 4. .. 1 r 4— I .+y =: .4.;:. �J y_ i ..S r."M�•. , Arm y,•A ` , b J �a y` jx '•rit,.�... .eK`'r - r. � •�1..��1y[ , t.-ti! • • • il ..._ ' s.. • ~-. ..ii 0,0,-` • .,,,,t7 1 r.F <� „ ;t.0 t ,'a` Y` y• " �,� rt. �v -,s,„ '"4Y:t , �„...• . ,,. ,.9. - iszpv LaShawna D. Powell Agenda Item 5 Page 8 Site Photos _ ..„. __, ___.• „..-,..._... TIT , ..... , . .. .... .., .....,m, .2,...:.,...,.. m _ _.... _ --.- ______ _ .., . \ _ _ ....„ .._ . _.,,,::,•:_„,• _. : . _ i"..-. • ._,_-:•-•__,..„---....„-,,-...,- , - .-:-.-. --,;t: -.•-• -,44,--,,, -.-,-....)....-..„,..„,. ,.1, -A, -'-;FP, ''. . 1-• • ,-• i''' • ' - '' ., .. 1 is:11;. '.4-.4. - . ,1/1:-44-'...x. -'..•',',/•,,,.. ".,-..i -: .. -kJ-- -., • '— , - • ,:-Or., 1 , . 4',.:' —1 ." ';'.'...4:,...:t,,.':11,.. 0'• .. . ._ . - *> ...... . ' "thf.-• -•. - _N 4-, t..-, " i 'At 411 : 'r'.,se- •' .'0, t r •4".. ' .-; : ",— , .•. i, , :'::4,, . • ..i; , . ,:w...7..„..........,..,. "7., _ •. . . 4 ' ''' ''. -' - -7 - viiLiv•- _ , •.s . ';'_it'L--;',-:'_,;.:-/JW,-•-:-01. ' - 1." . • . ,-,--4.--, .--- ,' '40. ,.; .... i a:- *.--, ••. ',ft •- --;1".,..,,,,, ___ •A - _ -a ---,- ,- ..._.._ . ... .. _ - . . "-- . _ " _-:.:Ti ..._..._-,.'::, •„: . : , . a . •. _ ......._ LaShawna D. Powell Agenda Item 5 Page 9 Disclosure Statement .\13. Disclosure Statement - ,('LrintUil &C.ornthiifit\ Develop iwnt The disclosures contained in this farm 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 ._CL, a�r`� Doe,the applicant have a representative? l£' Yes 0 No • If yes,list the name of the representative j — ---- — — -- Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes L?J 1 o • It yes.list the names of ail officers,directors.members,trustees,etc below. (Attach a list if necessary) • 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 ore 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,Oil 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 arc common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of interests Act.va Code§2.2-3101. 1i LaShawna D. Powell Agenda Item 5 Page 10 Disclosure Statement Disclosure Statement VA) t_oinniunitt 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_A/o • If yes,what is the name of the official or employee and what is the ratura at the interest? IN/P Applicant Services Disclosure Does the applicant nave any existing financing(mortgage,deeds of trust,cross-coltateralization,etc)or are they considering any financing in onnection with the subject of the application or any business operating or to be operated or the property% [..i Yes &WNo • If yes,identify the financial institution,prov,ning the service Does the applicant have a real estate broker/agent/reattor for current and anticipated future sales of the subject property,' ❑Yes Gir'No • It 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 D'NO • If yes,identify the firm and individual pros ding the service Ni — — --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 GO • 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 dIVO • If yes,identify the purchaser and purchaser service providers. NJ!j4 l LaShawna D. Powell Agenda Item 5 Page 11 Disclosure Statement _r.:. _ • - Disclosure Statement Vi3 _ Planning;&Conn units- "_ >E'Y1L1I23v is 6. Does the applicant have a construction contract/or in connection with the subject of the application or any business operating or to be operated on the property?0 Yes Olio • If yes,identify the company and.ndividuai providing the service 1•1/Fir 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes tad No • If yes,identify the firm and individual providing the service 8. Is the applicant receiving legal services �inn/connection with the subject of the application or any business operating Or to be operated or.the property?0 Yes NO • if yes,identify the firm and individual providing the service Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate I understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Boarc or any is body or committ Tntpnnection with this application. /I 1.- 211 ii/4----t"------. _ --- t plicant Signature -— __-. - _ _ . ... _.__LCA...( C,___i.-s -----POLAX'I 1 — -PM,Slatrit.. . . Print Name and Title Date Is the applicant also the owner of the subject property? 0 Yes FrAO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY list ONLY/All disclosures must he updated two(2)weeks prior to any Planning,Commission and-Clay Council nrieie ing that pertains to the applications Xi No`ham"'a.d D're ;01/19/2023 ! signature L PrMet rism` E l izaet h Nowak LaShawna D. Powell Agenda Item 5 Page 12 Disclosure Statement Disclosure Statement NB tieVe.It)0111Cr Owner Disclosure Owner Name f�'C> 8t j 'L""( Applicant Name S 1b..h.!-__.�!._iL L l - is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?L1 Yes 0 No • If yes,list the names of all officers,dir ors,members,trustees,etc.below. (Attach a list if necessary) i_�a � v--4z ___-__ ---,‘,Ai i c.,r`'t. 1 - • If yes,list the businesses that have a parent-subsidiary'cc atfil ated business entity`relationship with the Owner f ,,,,,. 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 act,on%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 dirertly 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 entityrelationship'means"a relationship,other than parent-subsidiary relationshi that exists when(i)one P. p P� business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner it the other entity,or(lily 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 5j LaShawna D. Powell Agenda Item 5 Page 13 Disclosure Statement „;.,;,.,,,..,,..„,),:,,,,-, --_,:- :„.,-,_,,..,,..-_-.-:-_z-_---=-7=,,--.-..• ,.if•ii-',.=_L,i.i.,.....,i,..,,,,,,,-Z--;--3-1 Disclosure State W nt _ ; A rt lil�iflititU '..t.'fl ltiiiil[�E . , r L �c:lfpent 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 cor0ection with the subject of the application or any business operating or to be operated on the property? ❑Yes O No • If yes,identify the financial institutions providing the service t 'hi- 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? D Yes ly'ltlo • tf yes,identify the company and individuai providing the service. }.-/i-k 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ©No • tf yes,identify the firm and individual providing the service. 4. Does the Owner.have services from an architect/lanascape architect/land planner provided in connection with the subject of t're application or any business operating or to be operated on the property-) CJN❑Yes o • If yes,identify the firm and individual providing the service. e .,if 5. Is there any other pending or proposed purchaser of the subject property?❑Yes a 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 ro`xe operated on the property?0 Yes ❑No • If yes,identify the company and individual providing the service. N J!A 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 Q No • If yes,identify the firm and individual providing the service. fig f LaShawna D. Powell Agenda Item 5 Page 14 Disclosure Statement Disciosuretatement VE3 Mantling C:' jitmul ti it y D velop:'ilwilt 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing legal the service owner Signature I certify that all of the information contained in this Disclosure Statement form's complete,true,and accurate. I undr-st,‘'}ri upon receipt of notification that the application has been scheduled Tor 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 4t-or i Print frW Title thi207.7 Date -— - LaShawna D. Powell Agenda Item 5 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. LaShawna D. Powell Agenda Item 5 Page 16 Virginia Beach Planning Commission January 11, 2023, Public Meeting Agenda Item # 5 LaShawna D. Powell (Applicant) SST Holdings, LLC (Property Owner) Conditional Use Permit (Assembly Use) Address: 701 South Military Highway, Suite F RECOMMENDED FOR APPROVAL— HEARD Mr. Alcaraz: Thank you; next item? Madam Clerk: Our next item is agenda item #5 LaShawna D Powell, a request for a Conditional Use Permit-Assembly Use -701 South Military Highway Suite F in Council District 1. Would the applicant or the applicant's representative please step to the podium. Mr. Burrus: Greetings. How are you? Terrance Burrus is my name. First of all, Happy New Year to everybody. I'm here on behalf of The 818, which is an establishment created to provide service and hospitality for individuals with a unique approach of having a good time. It is designed to allow people a place to de-stress in a comfortable manner without sexual exploitation, consumption of alcohol, and/or tobacco usage. The 818 is not confined to religion, but rather ordained to a gospel image of entertainment. The establishment will create a space outside of the church environment where people can go and relax, mingle and enjoy variety of inspirational music without conforming to the traditional aspects of praise and worship, and not being defined as a lounge or a nightclub. The 818 will be operating certain hours Tuesday through Thursday from 4 p.m. to 10 p.m. and on Fridays and Saturdays from 4 p.m. to 12 a.m. The target market will be geared towards professional middle-aged and retired individuals aged 30 and beyond. The select group will consist of working-class individuals with a mature background and appreciation for gospel. They will not be subject to discrimination based on race, color, creed, religion, background, origin, etc. The goal is for the short-term goals or long-term goals for The 818 Gospel Entertainment Spot: the short-term goals will be to provide more events focusing on consumer participation that can reward gifts and freebies. The 818 Gospel Entertainment Spot would also like to sponsor, we do autism and breast cancer awareness charities. As part of the growth and development, twice a month the establishment will feature professional singers, and songwriters, and musicians and try to get some local talent as well, and the long-term goals will be to increase personal wealth to the point in which the business can stand on its own being debt free. The 818 Gospel Entertainment Spot would like to establish personal relationships with celebrity artists and such and such forth. That is all I have. Mr. Alcaraz: Alright, thank you. Are there any questions for the applicant? Are there any speakers? Madam Clerk: Yes, Mr. Chairman, we have one speaker via WebEx,Aaron Siegrist. Mr. Siegrist, we are going to un-mute your audio feed, would you please state your name and then you have three minutes for your comments. Mr. Siegrist: Yes, my name is Aaron Siegrist, and I appreciate the opportunity to make a comment. I live directly adjacent to this building where the proposal is being made, and it really sounds like a very positive thing as regard to all the things this gentleman just spoke of. I just have a concern of loud music, and things of that nature disturbing the residents, and it's a condo association, but 170 units directly adjacent to this place, and there's already issues with music coming from that commercial establishment and obviously concerned this might bring an additional problem, be detrimental to our property values, you know, you know, our quality of life being kept up at night. Most of us like to go to sleep around 9 or 10; the others are older folks. So, I guess I would want to hear some kind of reassurance that there'd be some mitigation of music, soundproofing, or for I'd just like to hear more about how that will be accomplished to ensure that there isn't going to be any noise pollution, beyond 10 o'clock is definitely an issue, I would say, having any kind of noise coming from a commercial establishment immediately next to a residential area. Thank you. Mr. Alcaraz: Thank you. Are there any questions for the speakers? Yes, Mr. Redmond. Mr. Redmond: No, but I might be able to help a little bit, and just to my thinking, this is a 1 ,700 square-foot unit in this building, it's a real small unit; the amount of amplification it would take in such a small place is very-very low. So, I would be very surprised if there were any, if there would be any noise that would come out of it from amplified music, it doesn't take a lot of amplification for such a small space, and the other point, I'd say, and I think this, I would hope this would give you some comfort too, this is a Conditional Use Permit. So, this business has to operate according to certain strictures, and their conditions in this report, which I'm sure you've read. If it violates those conditions, if the business is a nuisance,then that Conditional Use Permit can be revoked. So, this is not something that necessarily exists forever. Even if it's a nuisance in any way, then there are forms of redress. I think you have a fair amount of or could have a fair amount of assurance that it's not going to be impactful in a negative way. I hope to do anyway, but because I do think those are things that are that I would consider reassuring if I lived in proximity to this business, thank you. Mr. Alcaraz: Alright, Mr. Redmond, thank you. Any other questions for the speaker? Sir, would you like come forward and answer some of these concerns if you have any. Mr. Burrus: To assure: what I've already put in place is we've purchased the sound acoustic foams that is going to go on the interior of the facility. So, it will reduce any sound at all for the consideration of the housing, and anyone else that stays in close proximity. Anyway, so it's not something that was just done for just something to do, but everything in every measure has been taken into consideration, as well as the communities. Mr. Alcaraz: Alright, thank you, any other questions for the applicant? Alright, at this time, I'll open the floor for discussion or entertain a motion. Mr. Wall: The speaker certainly has some valid points with the noise, but we do have a noise ordinance that we all need to be held to and are held to. So, I think that would help mitigate not completely, but if there is some noise and sound leakage that that, you know, there are ordinances out there that could help address that, but I mean, I certainly support this application. Mr. Alcaraz: Thank you, Mr. Wall. Anybody else? Yes, Mr. Bradley. Mr. Bradley: I would like to make a motion to approve this item. Mr. Weiner: Second. Mr. Alcaraz: We got a motion by Mr. Bradley, and a second by Mr. Weiner. Are there any Planning Commissioners abstaining? Madam Clerk: By vote of 9 in favor, and 0 against agenda #5 has been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons AYE Coston ABSENT Cuellar ABSENT Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum occupancy load shall be determined by the City of Virginia Beach Fire Marshal. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. All event activities shall occur within the building. 5. No amplification of music or use of speakers shall be permitted except within the enclosed building. 6. Hours of operation shall be limited to 4:00 p.m. to 10:00 p.m., Tuesday through Thursday and to 4:00 p.m.- 12:00 a.m. on Friday and Saturday. 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. COMING SOON'' S Gospt Entertainrrn Spat -- /rt .ilitary l-twy Ste F Viir�inia Beach,VA 23464 pi Dear Neighbor, lit We would like to introduce our new bush s c__ -; - -= - ='ea - = - =-- __-- _ The E18 is a newly established dkveloprent co- __- =- " - J= _%-1 == l3urrus,Sr. It is a place where rrar. re adults,ages : a- -_-= -'c _ ° "._ enjoying a variety of inspirational music and arts in a c rr=:. _-_-__- is `= people to come and de-stress in an environment that pro f- -_ _a-si:-=—-- =- - the tansurnption of alcohol and tobacco usage - - - - - ,- s_: -- - premises. The 818 is not confined to religion,but rather arc,-r_..m_ __ -_ -,=_- = entertainment. Our mission is to simply bring people together,in t~=_ = __ f. r and the gift of life,with diversity,sound and purpose. Wareaskingio s ~- helow in support of us and our new business endeavor,in hopes of7. ,:rev . ... We thank you. Name/Business Name i--1 cl h'i-koeS.Q 0 a- - -iEj __ Addressl OI S - m. LA 4, Jh�=�i , ("-"r _, ' 73 vy U crc��r� , Signatu e _ Date f COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area _-_ :=_ -_ _ The 818 is a newly established development co-founded by LaShawr;. ram._ Burrus,Sr. It is a place where mature adults,ages 30 and older, can-__ Y andn enjoying a variety of inspirational music and arts in a corr;for-_ --_" f, F. .;__ people to come and de-stress in an environment that prohibits set, the consumption of alcohol and tobacco usage.There will be no a';.~ �. : d _ premises, The 818 is not confined to religion,but rather ordained the gos __ --age v" entertainment. Our mission is to simply bring people together,in unity,to -_; and the gift of life,with diversity,sound and purpose. We are asking for your below in support of us and our new business endeavor,in hopes of improving air can., We thank you. Name/Business Name 4CI.t�i c ,o,_ Address-7 G t (• (Al;I,-fir ;ti C hW 4ci U� .D3L-1 tCf Signature Z/ Date L •' COMING SOON! the 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,white enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of Life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Business Name C' ,e Ad less � } yJ SiSignature 1 . t �' - Date : / f`? ry COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burros,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of III entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. NamdQusi� • Name C -4 .ress� a.r Date k ,` COMING SOON! The 818 Gospel Entertainment Spot - 701 S.Military Hwy Ste F Virginia Beach,VA 23464 _ Dear Neighbor, - We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burros,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Business Na • tr f3thzte-Tc.- Address • �-Signature u �i Date COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 )ear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. 'he 818 is a newly established development co-founded by LaShawna D.Powell and Terrence ►urrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. it is a place for eople to come and de-stress in an environment that prohibits sexual exptotation and forbids le consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the remises. The 818 is not confined to religion,but rather ordained to the gospel image of ntertainment. Our mission is to simply bring people together,in unity,to celebrate the creato id the gift of life,with diversity,sound and purpose. We are asking for your help by signing flow in support of us and our new business endeavor,in hopes of improving our community. e thank you. 3me/Business Name L, C ` � C.t,1 l rn tr C U 21 r c - ` !dress 3 ^ Ct ' � frOrfeikt Date }7 ` n ; nature , COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Business Name N0se-S40,.. A _ v s Address -�- ___________ 7 , 7k7,_ Signature Date COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There wilt be no alcohol o;drugs allowed on the premises. The 818 is not confined to religion.but rather ordained to the gospel image of entertainment Our mission is to simply bring people together in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Business Nam;ITT Addressg 144ArlY94- sit P _ L Zo22 COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. IV Name/Business Name • YPG, Address ii9Q8 hi Qt it e Cre-e k4- ka3505 Ssgnatur 1 A 414q V Date f "D COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D. Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Business Name'-- �� IY U, C N00( c514. Address 1 lJ(� jaini(.4-0(1 t\jf JJZ Signature 1 Date (2— /5 ' 2 INCOMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. Powell The 818 is a newly established development co-founded by LaShawna D.Burrus,Sr. It is a place where mature adults,ages 30 and older, can relaxand mand Terrence enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for mingle,while people to come and de-stress in an environment that prohibits sexual explotation consumption of alcohol and tobacco usage.There will be no alcohol and forbids premises. The 818 is not confined to religion,but rather ordained to or drugs allowed on the entertainment. Our mission is to simply the gospel image of P y bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are askin f below in support of us and our new business endeavor,in hopes of 9 or your help by signing We thank you. P improving our community. Name/Busin ss, a �e CU iik& Address dAirt4r ltk Signature u 6 Oh ' COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 0°1 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming month The 818 is a newly established development co-founded by LaShawna D.Powell and Terre Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while`` enjoying a variety of inspirational music and arts in a comfortable setting. It is a place fo people to come and de-stress in an environment that prohibits sexual explotation and forbid the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on If premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creatc and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. ty Name/Business Name Nnr R.. ,c r Q. Address Signature 0-.�r Date ( —c — n` COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Business Name lik �L � 6,-- . '�, Address (5j 6 731 yr(\ (j l 11(i4l ( -1— 2 ;jL3 signature 7.7----- , \ I I �ig1 Date I 3 COMING SOON II, 818 (an inq i Mfg l,iJntnent %fpof t1 '.Military I Iwy Ste ►t Irri,r Beach,VA)'464 tight nr, e would like to introduce our new business coming soon to the area in the coming monthl The 81$is a newly established development co-founded by LaShawna D,Powell and Terrence Ourrus,Sr, It Is.a plane where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on premises, The 8181s not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We - Name/Business Name I�. , / Address 2 ' ,u"/ _ `„. 1 Jo ((,I l�/I } Signatu Date COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burros,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for - people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the -_, premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Ow mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. _\ t►tarne.Bus ss Name '� t C - i LIA -.....\\ 'tip ,� r COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, 1 We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,white enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing 4 below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Na 5nje I Cr !S-� '^ ; �1 Name/Business Name Address in Signaturec:h Date ti.� ( . ! r 2 3 } 1, COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,V4 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come.and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Busi ess Na � Address (i^O z›-r c t� r\ //).117 SrgutLue . Date CA c.. 2 COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. kik_ We thank you. Name/Business Name C ' _ Address 7 ,1(6-,66 3c Signature — ( Date 111 COMING SOON! e si S Gam; F iliectiininent Spot 701 s Mitary 14wy Ste l Beach, A2 We wouid Ike to mtroduct our new business coming soon to the area in the coming months. The 118 is a establi#tecl development co-founded by LaShawra 0.Powell and Terrence Sr_ k is a i why mattne adults,ages 30 and older, can relax and mingle,while erring a valety 6'inspirational MUSIC and arts in a comfortable suing.. It is a place people to cant ald de-stress in an ernrironment that prohibits sexual exploration and forbi F=- - ti3e rear of ahol and tobacco usage.There will be no alcohol or drugs allowed on the prieses., The 81$i1 not confined to religion,but rather ordained to the gospel image of entettinment Our mission is to simply bring people to9ether,in unity,to celebrate the creator and the gilt of Life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community We thank you. Name/Business Name Qf i j Agiltt Address 3.2.�-5 Y a/lc jki L _ ACSignature, ?/ t— Date 0 2 1 it COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burros,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,white enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Business Name s. : s Mdrress L C ' ) I ) ecacc_if S;t tatur '�' ."'�"''```J." pate COMING SOON! - The 818 Gospel Entertainment Spot 701 S.Military 1-i y Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to int roduce our new business coming soon to the area in the corning months. e 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Th can relax and mingle,while Burros.Sr. It is a place where mature adults,ages 30 and older, . It is a place for enjoying a variety of inspirational music and amsetting.in a comfortable rrg stress in an environment that prohibits sexual exploration and people to come and de the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on .; premises. The 818 is not confined to religion,but rather ordained to the a creator age of � r,in unity,to celebrate entertainment. Our mission is to simply bring I��and the gift of life,with diversity,sound and purpose- for Y help by signing We are asking and our new business endeavor,in hopesof our s below in support of us We thank you. .� Name/Business Name ire a COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Business Name if\ C,ea3tVai26V Address Signature Date • COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Business Name 1 1T---c-C((1 F:(2-C)LLtl Address Signature _ Date ti9 ( 2-7D = COMING SOON! 111 The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F 100 Virginia Beach,VA 23464 Dear Neighbor. We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There win be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment Our mission is to simply bring people together,in unity,to celebrate the creato and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Business Name > IL E Y i� tt��''j 17 Address I, D (v. I- C e-Q-k'N rzzf Nocc( Vo„ �� o Sign ature ature Date COMING SOON! Tiry S .: :et Ertertainfnent Spot rffiy Ste F Virginia VA23464 Der Neighoor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Bums Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while toying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids be consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of enteMinrnent Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Business Name r0\ nd a er 5 Address 7(0 1 c .5 e'Nr-e . a-5Da S rE,, — ._. Date la /5-a 6a .. . ."._ ,. _ - COM1I S The 818 Gospel Entertainment Spa �_ 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the The 818 is a newly established development co-founded by LaShawna D.Powell coming er 5ce Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,and Terrence enjoying a variety of inspirational music and arts in a comfortable setting. It is a place while people to come and de-stress in an environment that prohibits sexual ex lotatio for the consumption of alcohol and tobacco usage.There will be no alcohol or drugsn l and forbids allowed on the_ premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity to celebratec and the gift of life,with diversity,sound and purpose. We are askingfor your theg create, below in support of us and our new business endeavor,in hopes of m roving help by signing We thank you. P ing our community. Name/Business Na e Wit /aj arm Address , /01 .._ AM,. c4 ! 3-- Ilk Signs e • Date/74/21____ - COMING SOON. ON. The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in The 818 is a newly established development co-founded by LaShawna D.Pe coming months. well and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and enjoying a variety of inspirational music and arts in a comfortable setting. It i mingle,while people to come and de-stress in an environment that prohibits sexual e 9 s a place for the consumption of alcohol and tobacco usage.There will be no alcoholplotation and forbids premises. The 818 is not confined to religion,but rather ordained to the gospelo drugs allowed o f on the entertainment. Our mission is to simply bring people together in unity, image of and the gift of life,with diversity,sound and purpose. We are asking fo to celebrate the creator below in support of us and our new business endeavor,in hopes of improving your help by signing We thank you. our community Name/Business Name Address J Jr Sign lure f Date i 3 A t COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Business Name 00\01 `J,Y` Address S5 kV-,C 0 teeCf ,WND(r-1) /35 2-13 Signature Date C, 'Z-3 ill COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23,161 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming mon The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual exploration and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing t below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Business Name Address 2 >i 3 !"^ (,;U t'V\- krt .. \ c-co\ •\(--- 1.--w)9, , Signature rft-14 Date (—(1--a r COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, 1 We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. -- RE, ame/Business Name j`. / a\I Address O J J1'1 Yi °� /-/ s 5J1Ha � � Signature Date /23 • • • i s COMING SOON! The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Business Name IN e) /4- w Address a 1 � � Date / / Signature "�- ?~� COMING SOON' The 818 Gospel Entertainment Spot 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming month:. The 818 is a newly established development co-founded by LaShawria D.Powell ant 1?E+_.1 Burrus,Sr. it is a place where mature adults,ages 30 and older, can relax and tningi.whits enjoying a variety of inspirational music and arts in a comfortable setting. 3t s z DLaa - people to come and de-stress in an environment that prohibits sexual explumtiorl an toiiu the consumption of alcohol and tobacco usage.There will be no alcohol or i'x s ahowet DT premises. The 818 is not confined to religion,but rather ordained tom gripe,r71a3e r entertainment. Our mission is to simply bring people together,in units,to ce1ehrx. .tir_�r�ato and the gift of life,with diversity,sound and purpose. We are asking for yeraT t e l signint below in support of us and our new business endeavor,in hopes of in rovi ?Zk E zornctum . We thank you. Name/Business Name c (J4. G-(2-1) Address /2/(_Signature / t _ COMING SOON! The 818 Gospel Entertainment Spot • 701 S.Military Hwy Ste F Virginia Beath,VA 2 3464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burros,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting, It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name,Business Name M \1 A Marie Address 1. L); sr :gin ti} Sigttatu .._._ Dated y� ;. COMINGSOON! The 818 Gospel Entertainment Spot 701SMfirtary Hwy Ste F Yid Beams VA 23464 Dear Neigh, We lid like to inboduce our new business coming soon to the area in the co rning monthsthe 818 is a newly established development co-founded byLashaw na D.Powell and Terrenct Sumas.Sr. ft is a place where mature adults,ages 30 and older, can enioying relax and mingle, a variety of gyrational music and arts in a comfortablewhiteo people to car aid tie-stress in an environment that prohibits sex It is a glace for the off and tobacco usage.There will be no alcoholxpioLation and forbids :remises. The 81$is not confined to tellg rattier ordained to the gospel image of ion,but ra or drugs allowed on�; entertainment Our and is to simply bring people together,in unity,to celebrate � �`life,with diversity, the creata, ty,sound and purpose. We are asking for your help below in support of us and our new business endeavor in hopes by signing We thank you_ of improving our comrruraity. Name/Business Name e ( �Cr( Address r , r -- Signature Date 0 /C; COMING SOON! The 818 Gospel Entertainment Spot . 701 S.Military Hwy Ste F Virginia Beach,VA 23464 Dear Neighbor, We would like to introduce our new business coming soon to the area in the coming months. The 818 is a newly established development co-founded by LaShawna D.Powell and Terrence Burrus,Sr. It is a place where mature adults,ages 30 and older, can relax and mingle,while enjoying a variety of inspirational music and arts in a comfortable setting. It is a place for people to come and de-stress in an environment that prohibits sexual explotation and forbids the consumption of alcohol and tobacco usage.There will be no alcohol or drugs allowed on the premises. The 818 is not confined to religion,but rather ordained to the gospel image of entertainment. Our mission is to simply bring people together,in unity,to celebrate the creator and the gift of life,with diversity,sound and purpose. We are asking for your help by signing below in support of us and our new business endeavor,in hopes of improving our community. We thank you. Name/Business Name Att, . r 11/W Address 0.0 e G- �. v Vf\ D,3(.1.0 Signature .Z Date /4/__22.. Ili COMING SOON! The 818 Gospel Entertainment Spot 701 S Military Hwy Ste t Virginia Reath,VA 23464 Dear Neighbor, We would like to introduce our new business cvntuvi soon to the iota m the coming nnttrs The 818 is a newly established development co founded by tiShawna I) Powell and Terrence Burros,Sr. it is a place where mature adults,ages 50 and older, can relax and rye,white enjoying a variety of inspirational music and arts in a tort**setting, It is a lie for people to come and de-stress in an environment tt'aat pests sexual expliXation and forbids the consumption of alcohol and lobo usage.Their vett be no alcohol.or drugs allowed on the premises The 818 is not confined to lion,but rater cry to the gospet image of in entertainmentOur missioni5 to s�1r Pm*�• rate the CRAM and the gild at tite,with diversity.sow and plow. are asking for your help by ' below in supriort of us and oto new business endetwor,in heves ot irroccePAN Go tomato* \- Wf I tL:rt rr \ \ / / 4 \ ___ _ -1/ R10 R40 R IO \\I% co ♦ * \ ,ip 10 \\\04;))00\# a 01 li r\.1 457.5 R7.5 O /#4& \t----- N r . 44/) <\Ir Z\ \ __ ___. , / Suite N /// Site VB BTS II, LLC w AL 568 North Lynnhaven ��J Road i. Property_Polygons s EZoning Building iciiii=milicmilioFeet I±�' 1 PLAN TRANS SU RFACES 0 1020 40 60 80 100 120 r_r 4 "rife 4-77- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VB BTS II, LLC [Applicant] VIRGINIA ELECTRIC AND POWER COMPANY D/B/A DOMINION ENERGY VIRGINIA [Property Owner] Conditional Use Permit(Communication Tower)for the property located at 568 N. Lynnhaven Road (GPIN 1487983864). COUNCIL DISTRICT 8, formerly Lynnhaven MEETING DATE: February 7, 2023 • Background: The applicant is requesting a Conditional Use Permit to construct a Communication Tower on a property zoned R-10 Residential. The 25,981 square foot parcel is currently developed with a Dominion Substation which will remain. A 125-foot monopine tower with a five-foot lighting rod will be constructed, with an overall height of 130 feet. The monopine tower, consisting of a dark brown pole with green branches to blend in with the existing mature trees on the site, will accommodate up to three carriers with a full antenna array. The outdoor cabinets and equipment will be located within a 40-foot by 50-foot chain-link fenced complex within a 2,500 square foot lease area. • Considerations: The proposed location of the tower is setback nearly 51 feet from the nearest property line and 63 feet from the nearest residential dwelling. Due to the tower's close proximity to residential properties, Staff encouraged the applicant to seek other locations to construct the tower. While not required, per Virginia Code §15.2- 2316.4:2(A)(5) which prohibits localities from discriminating or creating a preference on the basis of ownership of land or structures when promulgating rules or procedures for siting wireless facilities or evaluating new tower applications, the applicant explored public properties to construct the tower but due to physical limitations and cost concerns those options were not considered viable. In Staffs opinion, and the Planning Commission concurred, the monopine design will blend into the existing mature trees and vegetative buffer on the property. The applicant voluntarily performed a balloon test and provided photo simulations depicting the view of the proposed tower from locations surrounding the site. The applicant notified over 60 residents in the vicinity and held a public meeting to inform them of the proposal. Information provided by the applicant and confirmed by Staff indicates that an intermodulation study is not required as this site is not within one mile of a public safety communication facility, radio site or within 200 feet of the City's microwave paths. A RF Safety FCC Compliance Report was provided indicating that the VB BTS II, LLC Page 2 of 3 antenna arrays will comply with all regulatory agencies and standards. The proposed monopine Communication Tower meets the standards set forth in Section 232 of the Zoning Ordinance. Further details pertaining to the application, including Staffs evaluation, are provided in the attached Staff Report. There was one speaker in opposition at the Planning Commission hearing stating concerns related to the tower's close proximity to residences and possible health effects. • Recommendation: On January 11, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. The Communication Tower shall be located within the lease area and developed substantially in conformance with the submitted plan packaged entitled "US-VA_5087 (KINGS GRANT — 568 N. Lynnhaven Road — Virginia Beach, VA 23452", prepared by Vertical Bridge, and dated 11/30/2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law, the maximum height of the tower shall be 130 feet above ground level, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration/ Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non-hazard to air navigation. 6. No signs indicating the location of this facility are allowed. 7. In the event that the antennae on the tower are inactive for a period of two years, the tower, antennas, and related equipment shall be removed at the applicant's expense. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing VB BTS II, LLC Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department CAAgOr City Manager: /r ,� Applicant VB BTS II, LLC Agenda Item Property Owner Virginia Electric and Power Company d/b/a Dominion Energy Virginia 3 . , City of Planning Commission Public Hearing January 11, 2023 Virginia Beach City Council District 8, formerly Lynnhaven Request Conditional Use Permit (Communication Tower) / I _ Staff Recommendation S1oN°�iisoz\e :Hol,z, , Approval w Staff Planner Marchelle Coleman , Location <Rq RGATe�" 568 N. Lynnhaven Road c., el. °"`7 GPIN ��C °��-F �'��-�� °GEcT 1487983864 1 m stiksct° °4 �a'+�\ _` m � Site Size > 25,981 square feet o o 4 AICUZ A / O Z EDINBURGHDR Less than 65 dB DNL ` o F,•\ 1 Watershed Chesapeake Bay Existing Land Use and Zoning District ,, VEPCO substation/R-10 Residential 4 `i6 e Surrounding Land Uses and Zoning Districts �' sxti cin- i,,_ ,,J North 4` Baseball field/ R-10 Residential v South N. Lynnhaven Road *1 ',. �� 0�� z �.��' �._: 4 �; ` �,., .9... h `-r . ,.. Single-family dwellings/R-7.5 Residential East 111, or.. „. Single-family dwelling/ R-10 Residential West Baseball field/R-10 Residential i► VB BTS II, LLC Agenda Item 3 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to construct a Communication Tower on property zoned R-10 Residential District. The 25,981 square foot parcel is currently developed with a Dominion substation,which will remain. • The applicant is proposing to construct a 125-foot wireless communication tower with a five-foot lightning rod for a total height of 130 feet. The tower will be a monopine tower with full antenna array and will accommodate up to three carriers. • The monopine tower will be painted a dark brown with green branches to blend in with the existing mature trees on the site. • The outdoor cabinets and equipment will be located within a 40-foot by 50-foot chain-link fenced compound within a 2,500 square foot lease area. • As required in Section 232 of the Zoning Ordinance,the proposed tower will meet the 50-foot minimum side and rear yard setbacks, as well as the 50-foot minimum setback from the street measured at the base of the tower. . A/ / s �� No Zoning History to Report , tA?,, . C;. ., : </.4 ''. ' ,, (-- 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 Staff finds this application for a Conditional Use Permit for the construction of a 130-foot monopine communication tower acceptable. While not required,the applicant performed a balloon test and provided photo simulations depicting the view of the proposed tower from locations surrounding the site. The proposed location for the tower is setback nearly 51 feet from the nearest property line and 63 feet from the nearest residential dwelling. The applicant was diligent in contacting the adjacent property owners with over 60 residents and surrounding property owners individually notified via mail. According to the applicant, a community meeting was held at the Meyera E. Oberndorf Central Library on December 20, 2022. VB BTS II, LLC Agenda Item 3 Page 2 Due to the tower's close proximity to residential properties,Staff encouraged the applicant to seek other locations to construct the tower. The applicant examined several alternatives for the tower placement such as two nearby churches, the King's Grant Elementary School, and a light pole replacement on a City-owned ballfield to the north of the site. Due to physical limitations and cost concerns,these options were not viable. The proposed location was deemed as the best option for placement to provide coverage for the surrounding area. To lessen visual impacts to the adjacent property owners,the applicant agrees with Staff's recommendation to change the original monopole design to a monopine design. The monopine design will blend into the existing mature tree and vegetative buffer on this property.The submitted plans are stamped and signed by a professional engineer thereby meeting the requirement that necessitates certification of the communication tower to comply with all applicable regulations promulgated by the Federal Communications Commission. Information provided by the applicant and confirmed by Staff indicates that an intermodulation study is not required, as this site is not within one mile of a public safety communication facility, radio site or within 200 feet of the City's microwave paths. A RF Safety FCC Compliance Report was provided indicating that the antenna arrays will comply with all regulatory agencies and standards. Based on the evaluation of the proposed Communication Tower in accordance with the standards set forth in Section 232 of the Zoning Ordinance, Staff recommends approval of the application subject to the conditions listed below. Recommended Conditions 1. The Communication Tower shall be located within the lease area and developed substantially in conformance with the submitted plan packaged entitled "US-VA_5087 (KINGS GRANT—568 N. Lynnhaven Road—Virginia Beach,VA 23452", prepared by Vertical Bridge, and dated 11/30/2022,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law,the maximum height of the tower shall be 130 feet above ground level, inclusive of the lighting rod. 5. As required by Section 202 of the City Zoning Ordinance,the applicant shall obtain a Determination of No Hazard (DNH)to Air Navigation from the Federal Aviation Administration/Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non-hazard to air navigation. 6. No signs indicating the location of this facility are allowed. 7. In the event that the antennae on the tower are inactive for a period of two years,the tower, antennas,and related equipment shall be removed at the applicant's expense. 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. VB BTS II, LLC Agenda Item 3 Page 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • The applicant and the applicant's representative held a community meeting on December 20, 2022, inviting over 60 surrounding property owners to discuss the details of the request. According to the applicant, only one person attended the meeting and was in opposition of the tower location and the possible health effects to those surrounding the tower. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 12, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 25, 2022 and January 1, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 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 January 5, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 22, 2023 and January 29, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 23, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on February 3, 2023. 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Arta .' ffe °`."r.e' ` ^, _ E „Noe jorie t ' 4. � �'•Ti . -`A ~yam � %, "a VB BTS II, LLC Agenda Item 3 Page 13 Disclosure Statement Disclosure Statement _ Cety of l nyenea Beach Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name VB BTS II,LLC Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. Jeff Holland,Dewberry Engineers,Inc.and Lisa Murphy,Wilcox&Savage,P.C. 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. • If yes,list the businesses that have a parent-subsidiary`or affiliated business entity'relationship with the applicant. (Attach a list if necessary) See attached. '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a 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. Kevised 11.09.2020 1 VB BTS II, LLC Agenda Item 3 Page 14 Disclosure Statement Disclosure StatementV13 City of Virginia Heath _Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes •No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes Il No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes U No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑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. Revised 11.09.2020 2 I P a g e VB BTS II, LLC Agenda Item 3 Page 15 Disclosure Statement Disclosure Statement City of Virginia Mich 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 II No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. Applkant1gnature 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 w=-eics prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body co connection with this application. Applicant re 4 [i. 1Z/or,, — C , f. Of 1~Er——j. eworAo JT- Print Name and Title Date (see attached"Vertical Bridge signing certificate"document) Is the appicant also the owner of the subject property? ❑Yes ®No • dyes,you do not need to MI out the owner disclosure statement. that pe.. • • 1Udompaid "" 1/17/2023 'r't.' """`! Marchelle L Coleman Wag VB BTS II, LLC Agenda Item 3 Page 16 Disclosure Statement SECRETARY'S CERTIFICATE VERTICAL BRIDGE REIT,LLC The undersigned,being the Corporate Secretary of Vertical Bridge REIT,LLC,a Delaware limited liability company(the"Company"),hereby certifies that the following resolutions were adopted at a duly convened meeting of the Board of Managers of the Company on September 12,2019: RESOLVED,that the following individuals are authorized signatories for the Company and each of its subsidiaries authorized to execute documents and bind the Company and such subsidiaries:Alex Gellman,Mike Romaniw,Mike Belski,Bernard Borghei,Dan Marinberg,Bob Paige,Johnny Crawford,Jim McCulloch,Buddy Norman,Ariel Rubin, Adam Ginder,Tim Tuck,Vidette Pires. Vertical Bridg, REIT,LLC a Delaware li-iilted liability company By: Name:Dan" 1 M rinberg Title: Se ',r Vi,.e President,General Counsel and Co , rate Secretary VB BTS II, LLC Agenda Item 3 Page 17 Disclosure Statement Disclosure Statement Mr3 City of VI/pinto Beach Planning&Community Development Owner Disclosure Owner Name Virginia Electric and Power Company Applicant Name VB BTS II,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?(I Yes El No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached"VEPCO Management Structure"document. • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity°relationship with the Owner. (Attach a list if necessary) See attached"VEPCO PARENT AND SUBSIDIARY INFORMATION"document. Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes IN No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 VB BTS II, LLC Agenda Item 3 Page 18 Disclosure Statement Disclosure Statement City of%rro.mu Bead? 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 MI 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 I No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑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 ni No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 VB BTS II, LLC Agenda Item 3 Page 19 Disclosure Statement Disclosure Statement city of Virginia Hod, Planning&Communi Development =--- 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that ail 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 say pubSc body or.cornmittee In connection with this application. Owner Signature Michael C.Brennan,Authorized Representative Mut avid Ilde la1c2d, Date (see attached"VEPCO Brennan_Sec Certificate"document.) ?evrsea 11 0.9 2=(C 7 1 F a g e VB BTS II, LLC Agenda Item 3 Page 20 Disclosure Statement VIRGINIA ELECTRIC AND POWER COMPANY Secretary's Certificate I,the undersigned, hereby certify that I am Assistant Corporate Secretary of Virginia Electric and Power Company,a Virginia public service corporation(the "Company"). I further certify that the signature and delegation of authority(Attachment 1) has not been amended or revoked and that the same is now in full force and effect until revoked. I further certify that the below named person has been duly authorized by said Company and is the incumbent of the respective office below set opposite his name: Michael C.Brennan Authorized Representative IN WITNESS WHEREOF, I have hereunto set my hand and have affixed the corporate seal of said Company this 9th day of August 2022. Karen W. Doggett CORPORATE SEAL `▪�= SEAL e 1909 e • l7RGiI`t��• . ,,,,,i,,,* ,ra`. „u,,, VB BTS II, LLC Agenda Item 3 Page 21 Disclosure Statement ATTACHMENT 1 VIRGINIA ELECTRIC AND POWER COMPANY Transcript From Records Effective July 15,2022 I hereby delegate to Jason R. Hawkins, Kyle A. Keno,and Michael C. Brennan (each, an"Authorized Representative")the authority to enter into,execute, acknowledge, deliver and accept, in the name and on behalf of Virginia Electric and Power Company (the"Company"), any and all contracts,agreements,easements, instruments,waivers, licenses,consents and any other documents that are related to the use of property for the installation, operation and maintenance of electrical equipment and related facilities, each such transaction not to exceed $500,000. The Authorized Representative shall observe all limitations on the authority delegated as established from time to time by the Company's approval policies.This delegation of authority shall be effective as of the date of electronic acceptance hereof,and any acts consistent with this delegation prior to the effective date are hereby ratified and confirmed.This delegation shall not restrict or limit my authority, and may be revoked at any time by written instrument or electronic transmission. Unless earlier revoked, this delegation shall terminate upon the termination of the Authorized Representative's employment with the Company By: /s/J. Kevin Curtis J. Kevin Curtis Vice President—Transmission VB BTS II, LLC Agenda Item 3 Page 22 Disclosure Statement VEPCO Management Baine, Edward H. Director Blue, Robert M. Director Leopold, Diane Director Blue, Robert M. Chief Executive Officer Baine, Edward H. President Chapman, James R. Executive Vice President and Chief Financial Officer Reid, Carter M. Executive Vice President,Chief of Staff and Corporate Secretary Arnett, Corynne S. Senior Vice President-Regulatory Affairs and Customer Experience Brown, Carlos M. Senior Vice President,Chief Legal Officer and General Counsel Cardiff, Michele L. Senior Vice President.Controller and Chief Accounting Officer Green, Cedric F. Senior Vice President-Generation Mitchell, Mark D. Senior Vice President-Project Construction Murray, William L. Senior Vice President-Corporate Affairs&Communications Stoddard, Daniel G. Senior Vice President and Chief Nuclear Officer Whitfield, Charlene J. Senior Vice President-Power Delivery Windle, W.Keith Senior Vice President-Administrative Services Wooten, Steve C. Senior Vice President and Chief Information Officer Avram, Emil G. Vice President-Business Development Bassey, Utibe O. Vice President-Customer Experience Bennett, Joshua J. Vice President-Offshore Wind Bradshaw, Alan W. Vice President-Strategic Partnerships Chester, Elizabeth"Betsy"L. Vice President-Regulatory Affairs Curtis, J.Kevin Vice President-Transmission Duman, L.Wayne Vice President-Financial Planning&Analysis Holloway, James Vice President-Nuclear Engineering&Fleet Support Johnson, Darius A. Vice President and Treasurer Jones, Ann M. Vice President-Operations Support Lawrence, Douglas C. Vice President-Nuclear Operations&Fleet Performance Lee, Adam S. Vice President and Chief Security Officer Locke, Robert H. Vice President-Distribution Operations Neal, James L. Vice President-Financial Management Purohit, Prabir Vice President-Strategy Sauer, Robert W. Vice President-System Operations Scott, Kelly S. Vice President-Technical Services Showalter, Alma W. Vice President-Tax Stites, Brandon E. Vice President-Project Construction Tornabene, Amanda"Mandy"B. Vice President-Governance and Assistant Corporate Secretary Wellener, Wendy T. Vice President-Shared Services Williams, Jason E. Vice President-Environmental&Sustainability Woomer, Joseph A. Vice President-New Business&Customer Solutions Wright,Jr.Robert"Robbie"S. Vice President-Grid&Technical Solutions Hilbert, Lisa Site Vice President-North Anna Power Station Mladen, Fred Site Vice President-Surry Power Station Conway, Kelly K. Controller Adkins, Lauren V. Assistant Treasurer Doggett, Karen W Assistant Corporate Secretary VB BTS II, LLC Agenda Item 3 Page 23 Disclosure Statement Evans, Jonathan T. Assistant Treasurer Kurz, William J. Assistant Controller Nawroc i, Alison M. Assistant Controller Scott, Kathryn"Liza"J. Assistant Treasure' VBBTSII, LLC Agenda Item 3 Page 24 Disclosure Statement VEPCO PARENT AND SUBSIDIARY INFORMATION VEPCO Parent: Dominion Energy,Inc. VEPCO Direct Subsidiaries: Virginia Power Fuel Corporation Virginia Power Services,LLC Virginia Power Services,LLC Direct Subsidiaries: Virginia Power Nuclear Services Company Virginia Power Services Energy Corp.,Inc. VP Property,Inc. VB BTS II, LLC Agenda Item 3 Page 25 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. VB BTS II, LLC Agenda Item 3 Page 26 Virginia Beach Planning Commission January 11, 2023, Public Meeting Agenda Item # 3 VB BTS II, LLC (Applicant) Virginia Electric and Power Company d/b/a Dominion Energy Virginia (Property Owner) Conditional Use Permit (Communication Tower) Address: 568 North Lynnhaven Road RECOMMENDED FOR APPROVAL — HEARD Madam Clerk: Thank you, Mr. Chairman. Our first item is agenda item #3 VB BTS II, LLC, a request for a Conditional Use Permit, a Communication Tower at 568 North Lynnhaven Road in Council District 8. Would the applicant or the applicant's representative, please step to the podium. Ms. Murphy: Good afternoon, Chairman Alcaraz, Vice-chairman Horsley, members of the Planning Commission and staff. For the record, my name is Lisa Murphy, local zoning attorney, and I'm here today on behalf of the applicant VB BTS II, LLC, which does business as Vertical Bridge. I'd like to thank Marchelle for all of her work with us on this application. I also have with me today, Jeff Holland, who's from Dewberry Engineers, who's able to answer any questions that you all might have of a technical nature. As the staff report indicates the applicant is proposing to construct and operate 125-foot wireless communication facility with a five-foot lightning rod on the Dominion Energy substation property located at 568 North Lynnhaven Road. The facility as is indicated in the staff report would be disguised as a pine tree and it would enable for Verizon Wireless and two other wireless carriers to be able to provide much needed enhanced wireless coverage in the Kings Grant area. As most of you all know in the late 90s and early 2000s, consumers used wireless phones in their cars. Real estate agents had the people who traveled a lot had them, and that largely meant that initial networks were built out along major roadways and along the interstate. At that time mobile phones really were just phones if you can imagine, and they were more of a nice to have instead of a have to have. To put this in perspective, in December of 2007, just under 16% of all homes were wireless only. You fast forward to the most recent data that we have, which takes us to June of last year, that number was 71% for adults living in wireless only homes, and just under 82% of children are in homes that are wireless only. If you look at millennials, that number is closer to 90%. Many millennials have never had a wire line phone. So, as you can imagine, in addition to that you have today's smartphone, which is not just a phone, it's a way to surf the internet, take and send videos and photos, watch Netflix, pay bills, order goods and services, and really connect us virtually with our customers, clients, friends and loved ones. So as the number of users and uses has increased dramatically, obviously that means there's need for additional wireless facilities. In order to keep up with the demand we need more antenna sites in the Little Neck Peninsula, and specifically in the Kings Grant area. For several years now Verizon Wireless and other carriers have been looking for ways to enhance their wireless service. Most people will look first for a structure that's already there. It's cheaper, it's faster, it requires far less capital investment. When new facilities are necessary, that's when it gets kind of tricky, as you know, you have to find a site that meets the Zoning Ordinance requirements, you have to find a willing landlord, and you have to find something with enough space for the facility. The proposed facility, as I mentioned, will enhance, and provide much more robust coverage to the residents in the Kings Grant area who are now largely served by the 210-foot light pole facilities at Little Neck Swim and Racquet Club. Those were done back in the early 2000s, and those are approximately a mile to the north. Due to the height and design, those facilities really have a limited coverage and if you live in the area, you've probably recognized that you do have some dead zones and challenges with wireless coverage on the entire peninsula. At this point other than those two light pole replacements, and then a site at the Little Neck United Methodist Church, which is further north of this Swim and Racquet Club, there's really virtually very little infrastructure on the whole peninsula. On the Great Neck quarter by contrast, you have some sort of wireless facility about every mile, so that gives you a sense of what you would be looking for. As the staff report indicates the monopine will be located within a 40 by 50-foot fenced compound located within a 2500 square foot lease area, and if you look at the site plan that's before you, the facility will share the entrance with the substation and then will be located just behind the existing substation equipment that's there now. The proposed towers, the staff report indicate meets the minimum setback requirements, and as a staff report indicates we did hold a balloon test, and those photo simulations of that balloon test should be in your packet. Initially we're looking at some other type of stealth facility, a monopole, but in this particular location, as you'll notice from the photo sims the monopine at this particular height fits very well. I know some of you may have seen monopines that are in the middle of field somewhere, or in a commercial area, and it doesn't really fit, but in this case, you've got on that property itself, some trees that are in the 80-90-to-200- foot range. So, 125-foot monopine, which is what you're looking at now, a facility disguised to look like a pine tree really sort of fits in that area. So, we felt like this would be the ideal stealth designed for the facility. As Marchelle mentioned this morning, and as the staff report indicates, we did go ahead and hold a community meeting. We sent out over 60 notices with my name, phone number, and telephone number on them. We had one gentleman come to the meeting, and then I received one email. As you know, the case always I'm happy to talk to anybody with any questions. We believe in full transparency. The application, as Marchelle mentioned complies with all the requirements of the zoning ordinance, and your comprehensive plan. Staff is recommending support and we also request that you recommend approval to city council. I'm happy to answer any questions and I will standby. Mr. Alcaraz: Thank you. Are there any questions? Mr. Wall: No thank you very much. Madam Clerk, do we have a speaker? Madam Clerk: Mr. Chairman, we have one speaker and it's via WebEx. Mr. Russell Kelly. Mr. Kelly, we're going to un-mute your audio feed. Once that happens, please state your name and you have three minutes for your comments. Mr. Kelly: [No Audio] Mr. Alcaraz: Are there any questions for Mr. Kelly from the commissioners? Mr. Clemons: Yeah, I'm just curious. You mentioned that the tower would be close to homes, and about how close, could you be a little bit more specific about that? Mr. Kelly: [No Audio] Mr. Alcaraz: Alright, thank you, sir. Mrs. Murphy, did you want to come up and rebut on that? Ms. Murphy: Sure, I guess I'll address them in reverse order. So, if you look directly across North Lynnhaven, the closest house is about 150 feet. To answer your question, if you look at it on Google Earth, the applicant did look at there are two churches in the area, St. Nicholas Catholic Church, you've got Kings Grant Presbyterian, we looked at the ball fields, the elementary school, and any property of any size in the area, and that's how they ended up with the substation property. As far as safety concerns, I can say that the emissions at the ground level, as you all know, because these are at light pole replacements at the high schools, and pretty much everywhere in the city is going to be far less than what you would get from the lights in this room, your wireless router, your microwave, those are things that are much closer to you. So there really isn't any concern there. Having said that, as Kay would probably tell you, safety concerns from RF emissions is not really something that's in within the purview of the local zoning body. It's the federal government regulates that, our requirement is to provide proof to the local government that the facility is going to meet and exceed all of the safety requirements, and that really is handled by the federal government. So, I'm happy to answer any other questions that you have. Mr. Alcaraz: Great. Are there any questions? Alright, thank you. At this time, I'll look forward for discussion, or I'll entertain a motion, Mr. Wall? Mr. Wall: I've got a question, maybe Ms. Wilson, can you elaborate on that. I think that there are some legalities with that this body can't make a decision based on the cell towers in terms of their radiation or whatever the radio waves, maybe you can expand on that a little bit. Ms. Wilson: Okay, the federal government does play a heavy hand in the telecommunications field, and so they have an ordinance, have a requirement that the local governments cannot control the placement of telecommunications facilities in regard to citizens' concerns about health issues from the RF emissions, that is handled by the federal government, the federal government has set those emissions, and the applicant sends in to the local government that they meet the regulations, and if they meet them, there is no other concern, and it cannot be a part of the discussion with the local government. Mr. Alcaraz: Alright, thank you, Mr. Wall thanks for asking this, and thank you for explaining that. Mr. Horsley: With regard to the safety net, we've had experience with having a 200-foot cell tower within probably 100 yards of our house and our facilities for some 15 years or so, and we haven't seen if they've added extra antennas to it, and we still haven't seen any effects from it so far as vegetation or animals around there and whatever, and we haven't seen any effects from at all. So, I think that may be a little bit of a misnomer, and if nobody else has got any questions, I'll offer a motion application be approved. Mr. Wall: One thing about the application is that, you know, I can see where it could be impactful, maybe impactful, but it's behind a power substation, so it's in while, and I'm sure there's going to be you know, 2500 square feet of land disturbance of clearing, it's going to at least the ground level features are going to be behind the power substation, and so it should mitigate some of the negative effects of you know, a change along the roadway, you know, along the view shed and then the use of them, you know, the pine or whatever they call it the, the monopine that helps mitigate the visual effects also. I tend to support this application. Mr. Alcaraz: Thank you, Mr. Horsley? Mr. Redmond? Mr. Redmond: I was gonna second Mr. Horsley's motion. Mr. Alcaraz: Are there any Planning Commissioners abstaining from this vote? Alright have none. There was a motion for approval made by Commissioner Horsley and seconded by Mr. Redmond. Madam Clerk: By a vote of 9 in favor, 0 against the application agenda item #3 has been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons AYE Coston ABSENT Cuellar ABSENT Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The Communication Tower shall be located within the lease area and developed substantially in conformance with the submitted plan packaged entitled "US-VA_5087 (KINGS GRANT— 568 N. Lynnhaven Road —Virginia Beach, VA 23452", prepared by Vertical Bridge, and dated 11/30/2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law, the maximum height of the tower shall be 130 feet above ground level, inclusive of the lighting rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration/Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non-hazard to air navigation. 6. No signs indicating the location of this facility are allowed. 7. In the event that the antennae on the tower are inactive for a period of two years, the tower, antennas, and related equipment shall be removed at the applicant's expense. 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. rr\NMS 4.ro° I I , .411 :; vIJ la CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: AN ORDINANCE TO AMEND SECTION 901 OF THE CITY ZONING ORDINANCE PERTAINING TO ICE VENDING MACHINES AS ACCESSORY USES TO SHOPPING CENTERS IN THE B-2, B-3, AND B-4 ZONING DISTRICT. (SPONSORED BY VICE-MAYOR WILSON) MEETING DATE: February 7, 2023 ■ Background: The City has received unsolicited requests to place ice vending machines within the city. An ice vending machine is a stand-alone, automated unit that manufactures, sells, and dispenses ice. These units are typically located outdoors and require a plumbing and electrical connection. They provide flexibility for customers; coolers can be filled directly at the machine without having to go into a store. The current ordinance does not permit ice vending machines as a use anywhere in the City of Virginia Beach. This amendment is sponsored by Vice Mayor Wilson. Staff had initially limited the use to large shopping centers with 80,000 square feet of existing retail space, however, that limited the number of qualifying shopping center lots to 72. The Planning Commission requested for staff to review other lot size options smaller than the large shopping center as defined in the Zoning Ordinance. When staff reduced the qualifying area to 60,000 square feet, it increased the number of existing zoning lots that meet the criteria to 183. The proposed amendment has been updated with the reduced area requirement of 60,000 square feet. ■ Considerations: This amendment would permit ice vending machines in the B-2, B-3, and B-4 zoning districts as accessory uses to shopping centers with at least 60,000 square feet of existing retail space. The amendment would prohibit the use within any Historic and Cultural District, including the Historic Kempsville Area overlay district. Staff analyzed lots of this size and believe that the addition of this use to these lots will not have a determinantal impact on the existing operations of the properties and the surrounding properties. Due to the noise associated with manufacturing and vending of ice and the desire for screening for these types of machines, if approved, this amendment would require the following: City of Virginia Beach — Ice Vending Machines Page 2 of 3 • The maximum size of a permitted ice vending machine would be 250 square feet and 15 feet tall, the industry standard for this area. • A 100-foot setback from any property zoned Residential or Apartment or any residential use is required. This is consistent with other jurisdiction's regulations for ice vending machines. • The ice vending machine units must meet all setback requirements and yard spacing for commercial uses and structures. • A maximum of one ice vending machine per shopping center. • All mechanical equipment outside of the ice vending machine unit shall be located on the roof of the unit and screened from view. If the equipment cannot be located on the roof of the unit, mechanical equipment may be located on the ground when screened by a solid fence or wall. • Signage is limited to two sides of the unit and shall not exceed 1 square foot for each linear foot of wall, not to exceed 20 square feet per side. • Ingress and egress to and from the unit shall not impede fire access or pedestrian and vehicular traffic flow. • If a unit is abandoned or discontinued the unit must be removed. If approved, this amendment would permit ice vending machines as accessory uses to large shopping centers within the B2, B3, and B4 zoning districts, outside of any Historic and Cultural Districts, and with use specific requirements. Following the Planning Commission meeting on January 11, Staff received comments on the proposed amendment from Tim Davis, who distributes and operates ice vending machines through his business Old Dominion Ice Company, requesting that City Council amend condition "c" to increase the height limitation from 15 feet to 18 feet. Staff has no concerns with this request. Further details pertaining to the ordinance, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On January 11, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 9-0, to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach — Ice Vending Machines Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. `- Submitting Department/Agency: Planning Department City Manager: i�,, Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing January 11, 2023 Ice Vending Machines1 CM/of Virginia Beach Request An Ordinance to amend Section 901 of the Zoning Ordinance to allow for Ice Vending Machines as accessory uses in specific Commercial Zoning Districts. Summary of Request This amendment is sponsored by Vice Mayor Wilson. The request came after the City received unsolicited requests to install and operate ice vending machines within the City. An ice vending machine is a stand-alone, automated unit that manufactures, sells, and dispenses ice. These units are typically located outdoors and require a plumbing and electrical connection. They provide flexibility for customers; coolers can be filled directly at the machine without having to go into a store. The current ordinance does not permit ice vending machines as a use anywhere in the City of Virginia Beach. This amendment would permit ice vending machines in the B2, B3, and B4 zoning districts as accessory uses to shopping centers with 60,000 square feet of existing retail space. The amendment would prohibit the use within any Historic and Cultural District, including the Historic Kempsville Area overlay district. Staff had initially limited the use to large shopping centers with 80,000 square feet of existing retail space, however,that limited the number of qualifying shopping center lots to 72. The Planning Commission requested for staff to review other lot size options smaller than the large shopping center as defined in the Zoning Ordinance. This ordinance proposes to permit ice vending machines in shopping centers with 60,000 square feet of existing retail space, which increases the number of existing zoning lots that meet the criteria to 183. Staff analyzed lots of this size and believe that the addition of this use to these lots will not have a determinantal impact on the existing operations of the properties and the surrounding properties. Due to the noise associated with manufacturing and vending of ice and the desire for screening for these types of machines, if approved,this amendment would require the following: • The maximum size of a permitted ice vending machine would be 250 square feet and 15 feet tall,the industry standard for this area. • A 100-foot setback from any property zoned residential or apartment is required. This is consistent with other jurisdiction's regulations for ice vending machines. • The ice vending machine units must meet all setback requirements and yard spacing for commercial uses and structures. • A maximum of one ice vending machine per shopping center. • All mechanical equipment outside of the ice vending machine unit shall be located on the roof of the unit and screened from view. If the equipment cannot be located on the roof of the unit, mechanical equipment may be located on the ground when screened by a solid fence or wall. • Signage is limited to two sides of the unit and shall not exceed 1 square foot for each linear foot of wall, not to exceed 20 square feet per side. • Ingress and egress to and from the unit shall not impede fire access or pedestrian and vehicular traffic flow. • If a unit is abandoned or discontinued the unit must be removed. City of Virginia Beach Agenda Item 1 Page 1 If approved, this amendment would permit ice vending machines as accessory uses to large shopping centers within the B2, B3, and B4 zoning districts, outside of any Historic and Cultural Districts, and with use specific requirements. Recommendation Staff recommends approval of this Ordinance as it will allow ice vending machines as accessory uses in appropriate districts with consistent and reasonable standards for development and operation. City of Virginia Beach Agenda Item 1 - Page 2 1 REQUESTED BY VICE MAYOR WILSON 2 3 PLANNING COMMISSION VERSION 4 5 AN ORDINANCE TO AMEND SECTION 901 6 OF THE CITY ZONING ORDINANCE 7 PERTAINING TO ICE VENDING MACHINES 8 9 Section Amended: § 901 of the City Zoning 10 Ordinance 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Section 901 of the City Zoning Ordinance is hereby amended and 19 reordained to read as follows: 20 21 Sec. 901. Use regulations. 22 23 . . . . 24 25 (b) Accessory uses and structures. Uses and structures which are customarily 26 accessory and clearly incidental and subordinate to the principal uses and 27 structures, including, but not limited to: 28 29 (1) An accessory activity operated for profit in a residential dwelling unit where 30 there is no change in the outside appearance of the building or premises or any 31 visible or audible evidence detectable from outside the building lot, either 32 permanently or intermittently, of the conduct of such business except for one 33 non-illuminated sign not more than one square foot in area mounted flat 34 against the residence; where no traffic is generated, including traffic by 35 commercial delivery vehicles, by such activity in greater volumes than would 36 normally be expected in the neighborhood, and any need for parking generated 37 by the conduct of such activity is met off the street and other than in a required 38 front yard; where the activity is conducted on the premises which is the bona 39 fide residence of the principal practitioner, and no person other than members 40 of the immediate family occupying such dwelling unit is employed in the 41 activity; where such activity is conducted only in the principal structure on the 42 lot; where there are no sales to the general public of products or merchandise 43 from the home; and where the activity is specifically designed or conducted to 44 permit no more than one patron, customer, or pupil to be present on the 45 premises at any one time. The following are specifically prohibited as 46 accessory activities: Convalescent or nursing homes, bars or nightclubs, tourist 47 homes, massage or tattoo parlors, radio or television repair shops, auto repair 48 shops, or similar establishments. 49 50 (2) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive days 51 or more is an accessory use to the dwelling. 52 53 (3) Ice Vending Machine units in the B-2, B-3, and B-4 District at Shopping Center, 54 as defined by the Zoning Ordinance, but not to include those within any Historic 55 and Cultural District or the Historic Kempsville Area Overlay District, subject to 56 the following standards: 57 58 (a) Ice Vending Machine units shall only be permitted at Shopping Centers 59 which features no less than 60,000 square feet of existing retail or other 60 commercial establishments. 61 62 (b) Only one (1) Ice Vending Machine unit shall be permitted per Shopping 63 Center. 64 65 (c) Ice Vending Machine units shall not be more than 250 square feet in size, 66 nor more than 15 feet in height. 67 68 (d) Ice Vending Machine units shall not be within 100 feet from any property 69 zoned Residential or Apartment District or within 100 feet from any 70 property with a residential use. 71 72 (e) Ice Vending_Machine units shall meet the setback requirements and yard 73 spacing for commercial uses and structures, as prescribed in Sec. 902 of 74 this ordinance. 75 76 Lfi Ice Vending Machine units shall require two dedicated off-street parking 77 spaces and one loading space. 78 79 (q) Ice Vending Machine units shall not be located on or in any parking 80 spaces required for the Shopping Center. 81 82 (h) Mechanical equipment outside of the Ice Vending Machine unit shall be 83 located on the roof of the unit and screened from typical street level view 84 using parapets or other opaque means. However, if it is determined that 85 such equipment cannot be located on the roof of the unit, mechanical 86 equipment may be located on the ground and adjacent to the unit, given 87 such equipment is screened by a solid fence or wall. 88 89 DJ Signage shall only be permitted on two sides of the unit, provided it does 90 not exceed one square foot for each linear foot of the wall on which it is 91 located. However, in no case shall the permitted signage exceed 20 92 square feet per side. 93 94 ill Ingress and egress to and from Ice Vending Machine units shall not 95 impede fire access or pedestrian and vehicular traffic flow. 96 97 (k) By receipt of permit, the owner shall authorize the City of Virginia Beach 98 the ability to require any Ice Vending Machine unit, upon its abandonment 99 or discontinuation after a period of thirty (30) consecutive days, to be 100 removed by the operator of the unit or the property owner of the Shopping 101 Center in which it is located. 102 103 . . . . 104 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: .<Pl'ic a9.%A0` _-- Planning Department City Attorney's Office CA15902 R-3 December 19, 2022 Virginia Beach Planning Commission January 11, 2023, Public Meeting Agenda Item # 1 City of Virginia Beach —An Ordinance to amend Section901 of the City Zoning Ordinance to allow for Ice Vending Machine as accessory uses in specific Commercial Zoning Districts. RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: Thank you, Mr. Chairman. Today we have five items on our consent agenda. Item #1 is the City of Virginia Beach, and I will ask Hannah if she'd come forth and explain what that Ordinance change is. Ms. Sabo: Item #1 is an Ordinance to add 901 B3 of the City's Zoning Ordinance pertaining to accessory use of ice vending machine units in large shopping centers. This amendment was sponsored by Vice Mayor Wilson, and previously ice vending machines were considered to be not permitted in the city, it was considered to be a use that was not allowed, and this proposal would allow this use as an accessory use to large shopping centers with specific conditions. These are standalone units; they manufacture and vend ice. They do provide flexibility for customers so the standalone units that you would have outside that you can go ahead and put ice directly into a cooler rather than having to go inside of a store and pick up bags of ice. The proposed standards listed they would only be permitted as an accessory use to shopping centers which feature 60,000 square feet of existing retail establishments. It would only be permitted in the B2, B3, B4 Zoning Districts. It will be excluded from any Historic and Cultural District, and it would not be allowed within the Historic Kempsville area overlay. There will be a maximum of one per shopping center, and there will be a required 100 foot setback from any residential and apartment districts or residential uses, and in mechanical screening, any mechanical equipment would need to be screened and signage would be limited. Mr. Horsley: Thank you. Is there any opposition to this ordinance change? Hearing none, we move along. Mr. Horsley: To summarize, we've got five items on the consent agenda, #1 City of Virginia Beach, #2 Tony Saady, and Lina Saady, #4 Lucy Gwaltney Clay, #6 K.M. Cash Construction Corporation, and #7 AGI-VB Holdings, LLC. Mr. Chairman, I have placed the motion that we approve these applications by consent. Mr. Alcaraz: Thank you, Mr. Vice Chair. Thank you. Do I have a motion to approve the consent as read by the Vice Chair. I have a motion to approve, Mr. Horsley and a second by Mr. Weiner. Madam Clerk: The vote is open. Mr. Horsley and Mr. Weiner, can you hit motion and second please. Vote is open. By a vote of 9 in favor, and 0 against agenda items #1, 2, 4, 6, and 7 have been recommended for approval by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons AYE Coston ABSENT Cuellar ABSENT Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O DATE:1/17/2023 PAGE: 1 B S E - S AGENDA ITEM# SUBJECT MOTION VOTE R H O R A H T W W U E L EMRU A I O CDNCMMOL Y L O C Y L 0 I OUML S T HE E M C N S A O O E I R Y B K _ D E N R N N CITY COUNCIL'S BRIEFINGS A. CITY OF VIRGINIA BEACH FINANCIAL David Rose, MANAGEMENT Senior Vice President and Manager of Public Finance— Davenport &Company Kyle Laux,Senior Vice President— Davenport& Company B. FIRE DEPARTMENT FLEX AND SICK Chief Kenny LEAVE Pravetz (Requested by Council Member Henley) —Fire Monica Kopin, Co-Acting Interim Director—Human Resources C. CITY'S ELECTION SYSTEM PUBLIC INPUT Mark Stiles, PROCESS City Attorney Christopher S. Boynton,Deputy City Attorney Tiffany Russell, Director— Communications II. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS Kathy Warren,Interim Director—Planning Came Bookholt, Deputy Director —Planning III. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS IV- CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V A-E CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE: 1/17/2023 PAGE: 2 B S E - S AGENDA R H H C ITEM# SUBJECT MOTION VOTE L H O R A H T W W U EL EMR U A I O CDNCMMO L Y L O C Y L 0 I OUML S T HE EMCN S A O O E I R YBK D ENRNN F. MINUTES 1. SPECIAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y January 3,2023 2. INFORMAL and FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y January 3,2023 3. FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y January 10,2023 G. MAYOR'S PRESENTATIONS 1. GOLD MEDAL FINALIST AWARD — VIRGINIA BEACH PARKS AND RECREATION Sue Black, Executive Director of the Virginia Recreation and Park Society and Member of the American Academy for Park and Recreation Administration(AAPRA) 1.1. Ordinance to REPEAL City Code Section 36-157 ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y re identification lights in taxicabs(Requested by CONSENT Vice Mayor Wilson) 1.2. Resolution to RESCIND Resolution Adopted MOTION TO 5-6 N N N N Y Y YNYN Y December 13,2022,directing the City Manager to APPROVE develop a public input process re Election FAILED, System(Requested by Council Member Wooten) DENIED I.3. Ordinance to APPROPRIATE$30,000 from the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Virginia Department of Criminal Justice Services CONSENT (DCJS) to the FY2022-23 Police Department Operating Budget re recruitment and retention of sworn personnel I.4. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $866,900 from the Commonwealth of Virginia to CONSENT the Virginia Beach Development Authority (VBDA) re site due diligence studies, sewer design and construction at Innovation Park I.5. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $36,111 from the Virginia Department of CONSENT Environmental Quality (DEQ) to the Waste Management Enterprise and Parks and Recreation Special Revenue Funds re litter prevention and recycling 1.6. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y $5,362 from the Virginia Department of Criminal CONSENT Justice Services (DCJS) to the FY 2022-23 Human Services Operating Budget re salary increases in the Community Corrections and Pretrial Services Division 1.7. Ordinance to TRANSFER$6,781,146 within the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y American Rescue Plan Act (ARPA) Grant CONSENT appropriations to other projects re fully expend the grant award within the U.S. Treasury's established guidelines CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE: 1/17/2023 PAGE: 3 B S E - S AGENDA R H H C ITEM# SUBJECT MOTION VOTE L H 0 R A H T W W U E L EMRUA I O CDNCMMOL Y L O C Y L 0 I OUML S HE EMCNS A O O E I R YBKDENR N N J.1. ATLANTIC DEVELOPMENT ASSOCIATES, DENIED 7-4 Y NNYYY YNNY Y 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 December 6,2022 J.2. NIMMO UNITED METHODIST CHURCH APPROVED/ 11-0 Y Y Y YYY YYYY Y for a Street Closure re approximately 21,961 CONDITIONED, square feet of former Princess Anne Road BY CONSENT adjacent to 2040 Nimmo Church Lane DISTRICT 2 (formerly District 7 — Princess Anne) J.3. HICKMAN SHOPPES,LLC for a Modification APPROVED/ 11-0 Y Y Y Y Y Y YYYY Y of Proffers to a Conditional Change of Zoning re MODIFIED/ revise previously approved proffered site plan PROFFERED,BY and enhanced landscape buffer at 2216 General CONSENT Booth Boulevard DISTRICT 5(formerly District 7—Princess Anne)Approved May 27,2014 and March 7,2017 J.4. BONNEY'S CORNER ASSOCIATES,LLP for DEFERRED 11-0 Y Y Y Y Y Y YYYY Y a Conditional Change of Zoning from B-2 INDEFINITELY, Community Business District to Conditional B-4 BY CONSENT Mixed Use District re 81,150 square feet of retail&up to 322 multi-family dwelling units at 1385 Fordham Drive DISTRICT 1 (formerly District 2—Kempsville) J.5. EXPRESS WASH PROPERTY HOLDINGS, APPROVED/ 11-0 Y Y Y YYY YYYY Y LLC/LES S.KUSHNER,TRUSTEE OF THE PROFFERED/ IRENE G. SCHWARTZ QUALIFIED CONDITIONED, TERMINABLE INTEREST PROPERTY BY CONSENT MARITAL TRUST,STEVEN B.SANDLER, ARTHUR B. SANDLER, ESTATE OF MORTON BRESENOFF & VIRGINIA ELECTRIC AND POWER COMPANY for a Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-2 Community Business District and a Conditional Use Permit re car wash facility at 3503 Dam Neck Road,a portion of a 66-foot VEPCO right- of-way east of 3503 Dam Neck Road and the western portion of the parcel on the corner of Dam Neck Road& Monet Drive DISTRICT 2 (formerly District 7—Princess Anne) J.6. VIRGINIA ELECTRIC AND POWER APPROVED/ 1 1-0 Y Y Y Y Y Y Y Y Y Y Y COMPANY DB/A DOMINION ENERGY CONDITIONED, VIRGINIA/PUNGO AIRFIELD,LLC for a BY CONSENT Conditional Use Permit re public utility transformer stations & major transmission lines & towers at 1848 Princess Anne Road DISTRICT 2 (formerly District 7 — Princess Anne) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE:1/17/2023 PAGE: 4 B S AGENDA E S ITEM# SUBJECT MOTION VOTE L H 0 R A H T W W U E L EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T HE EMCNS A O O E I R YBK DENR N N J.7. PERMANENT PICTURES TATTOO LLC/ APPROVED/ 11-0 Y Y Y YYY YYYY Y DAM NECK SQUARE,LLC for a Conditional CONDITIONED, Use Permit re tattoo parlor at 1581 General BY CONSENT Booth Boulevard, Suite 104 DISTRICT 5 (formerly District 6—Beach) J.8. CHRISTIANA ROJAS/RED MILL NORTH, APPROVED/ 11-0 Y Y Y YYY YYYY Y LLC for a Conditional Use Permit re tattoo CONDITIONED, parlor at 2133 Upton Drive, Suite 120 BY CONSENT DISTRICT 5 (formerly District 7 — Princess Anne) J.9. BIRDNECK OCEAN ANNEX, LLC / APPROVED/ 11-0 Y Y Y YYY YYYY Y PITSILIDES LAND TRUST for a Conditional CONDITIONED Use Permit re mini-warehouse at 1069 Laskin Road DISTRICT 6(formerly District 6—Beach) J.10 VALVOLINE,LLC/HOLLAND CENTURY APPROVED/ 11-0 Y Y Y YYY YYYY Y ASSOCIATES, LLP for a Conditional Use CONDITIONED, Permit re automobile repair garage at 3949 BY CONSENT Holland Road DISTRICT 10(formerly District 3 —Rose Hall) J.11 Resolution to ADOPT and INCORPORATE APPROVED 11-0 Y Y Y Y Y Y YYYY Y into the Virginia Beach Comprehensive Plan 2016 re The Resort Area Mobility Plan 2022 K. APPOINTMENTS RESCHEDULED BYCO N S ENS U S AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION 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 SOCIAL SERVICES ADVISORY BOARD RESORT ADVISORY COMMISSION TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT COALITION CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE: 1/17/2023 PAGE: 5 B S AGENDA E - S ITEM# SUBJECT MOTION VOTE R H O R A H T W W U EL EMR U A 1 O CDNCMMOL Y L O C Y L 0 I OUML S T HE EMCNS A O O E I R YBK DENR N N ADVERTISING ADVISORY COMMITTEE Appointed: Dr.Amelia N. Ross-Hammond No Term ACTIVE TRANSPORTATION ADVISORY Appointed: 11-0 Y Y Y Y Y Y YYYY Y COMMITTEE Jennifer Rouse- representing Council Member Unexpired thru 6/30/2024 Robin Kelly Unexpired thru 11/30/2024 DEFERRED COMPENSATION BOARD Appointed: 11-0 Y Y Y Y Y Y YYY Y Y N.D."Rocky Holcomb- representing Council Member Monica Kopin- Interim Director of Human Resources No Term MILITARY ECONOMIC DEVELOPMENT Appointed: 11-0 Y Y Y Y Y Y YYY Y Y ADVISORY COMMITTEE Robert Smith 5 Year Term 3/1/2023-2/29/2028 Reappointed: Mark Gemmill Loren Heckelman Robert Herbert Philip Olson Kathleen Owens Fenton Priest Joseph Strange- representing Development Authority 5 Year Term 3/1/2023-2/29/2028 OCEANA LAND USE Appointed: 11-0 Y Y Y Y Y Y YYY Y Y CONFORMITYCOMMITTEE Scott Cutchin- representing Commercial Business Owner in APZ-1 Unexpired thru 8/31/2027 Captain Steven Djunaedi- representing Commanding Officer,Naval Air Station Ocean No Term CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE: 1/17/2023 PAGE: 6 B S AGENDA E - S ITEM# SUBJECT MOTION VOTE R H H C L H O R A H T W W U EL EMR U A I O CDNCMMOL Y L O C Y L 0 I OUML S T HE EMCN S A O O E I R YBK DENR N N PERSONNEL BOARD Reappointed: 11-0 Y Y Y Y Y Y YYY Y Y Sharon Brown Daniel Des Roches Ed Jones Kenneth Snyder- Alternate Member 3 Year Term 3/1/2023-2/28/2026 RESORT ADVISORY COMMISSION Appointed: 11-0 Y Y Y Y Y Y YYY Y Y Clifford A. Messman 3 Year Term 1/17/2023- 12/31/2025 VIRGINIA BEACH CANNABIS Appointed: 11-0 Y Y Y Y Y Y YYY Y Y ADVISORY TASK FORCE Captain Collin E. Elliot-representing Police Department Unexpired thru 12/31/2023 WETLANDS BOARD Appointed: 11-0 Y Y Y Y Y Y YYY Y Y David Bradley Unexpired thru 8/31/2026 CITY COUNCIL LIAISONS Appointed: 11-0 Y Y Y Y Y Y YYY Y Y SISTER CITIES ASSOCIATION OF Michael F. VIRGINIA BEACH Berlucchi VIRGINIA MUSEUM OF Michael F. CONTEMPORARY ART Berlucchi Robert W. "Worth"Remick J. UNFINISHED BUSINESS M. NEW BUSINESS Resolution—Senator Aaron Rouse N. ADJOURNMENT 8:22 PM