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Home My WebLink About5-21-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large �B P.4,�, VICE MAYOR ROSEMARY WILSON-District 5 MICHAEL F.BERL UCCHI-District 3 p� C BARBARA M.HENLEY-District 2 2 DAVID HUTCHESON-District I U ROBERT W. "WORTH"REMICK-District 6 DR.AMELIA N.ROSS-HAMMOND-District 4 •a 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, VIRGINL4 23456 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CnTAUDITOR-LYNDONSREMIAS May 21,2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-""DA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:00 PM A. CANNABIS ADVISORY TASK FORCE UPDATE Andrew Lock, Chair—Cannabis Advisory Task Force Jason Blanchette,Vice-Chair—Cannabis Advisory Task Force (Requested by Mayor Dyer and Councilmember Berlucchi) B. VDOT LASKIN ROAD UPDATE 1:30 PM Chris Hall, Hampton Roads District Engineer—VDOT C. INTERSTATE-264/INDEPENDENCE BOULEVARD INTERCHANGE UPDATE 2:15 PM David Jarman, Transportation Division Manager—Public Works (Requested by Vice-Mayor Wilson&Council Members Ross-Hammond and Schulman) D. COLLECTIVE BARGAINING ADVISORY REFERENDUM 3:00 PM Tiffany Russell, Director—Communications Dana Harmeyer, Senior City Attorney (Requested by Mayor Dyer) II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM III. CITY COUNCIL AGENDA REVIEW 4:15 PM IV. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Pastor Chad Douglas Senior Pastor,New Life Tabernacle 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. SPECIAL FORMAL SESSION April 30,2024 2. INFORMAL AND FORMAL SESSIONS May 7, 2024 3. SPECIAL FORMAL SESSION May 14, 2024 H. MAYOR'S PRESENTATIONS 1. RESOLUTION—The Worrell 1000 Race— 501h Anniversary 2. PROCLAMATION—Historic Preservation Month C. Mac Rawls accepting 3. PROCLAMATION—Public Works Week LJ Hansen, Director—Public Works 4. PROCLAMATION—Emergency Medical Services Week Deputy Chief Clay Cofer accepting I. PUBLIC HEARINGS 1. ACQUISITION,BY AGREEMENT OR CONDEMNATION Parliament Drive Sidewalk Improvements Phase II Project, CIP 100301 2. LEASE OF CITY PROPERTY—FARMERS MARKET Building 1, Space 9 to Andrew Skipper d/b/a Skipper Farms Building 3, Space 13 to S&H Produce, Inc. J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES / RESOLUTION 1. Resolution to DIRECT the City Manager to proceed with certain recommendations of the 2024 Housing Study(Requested by Council Members Hutcheson, Rouse, and Wooten) 2. Ordinance to AUTHORIZE temporary encroachments into a 100' City-Owned man-made canal known as Ashville Bridge Creek and into a 5' City-Owned drainage easement at the rear of 2524 Las Corrales Court re maintain two (2)existing wood floating docks,a wood fixed dock, two (2) wood fingers, wood pier, wood fence, pool, and concrete surrounding the pool DISTRICT 2 3. Ordinance to ACCEPT and APPROPRIATE $53,169 from the United States Department of Housing and Urban Development to the FY 2023-24 Housing and Neighborhood Preservation Operating Budget and AUTHORIZE a local match from work performed by existing staff re oversight and management of the Continuum of Care Program Grant Program 4. Ordinance to APPROPRIATE $1-Million from the Net Assets of the Water and Sewer Enterprise Fund to the FY 2023-24 Public Utilities Operating Budget re continue normal operation for the remainder of the fiscal year 5. Ordinance to APPROPRIATE $225,000 from the fund balance of the Federal Section 8 Program Special Revenue Fund to the FY 2023-24 Housing and Neighborhood Preservation Operating Budget re cover contracted manpower for the remainder of the fiscal year L. PLANNING 1. CARL R. ELLIS, JR for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the lot to create two (2) single-family dwelling lots at 2620 Broad Bay Road DISTRICTS (Deferred from April 16, 2024) Applicant Request Deferral to June 18, 2024 RECOMMENDATION: APPROVAL 2. 617 VANDERBILT, LLC for a Street Closure re 7.5-foot portion of an unnamed, unimproved alley adjacent to the rear of 901 Vanderbilt Avenue in Croatan DISTRICT 5 RECOMMENDATION: APPROVAL 3. MCDONALD NURSERIES OF VIRGINIA BEACH, INC for a Modification of Proffers to a Conditional Rezoning and a Conditional Use Permit re bulk storage yard at 1144 Independence Boulevard, 4015 Mason Street, parcel directly West of 1144 Independence Boulevard and 4011, 4017, 4021 Mason Street DISTRICT 9 RECOMMENDATION: APPROVAL 4. ALL THINGS BEAUTY / KRAMBIAS PROPERTIES, LLC for a Conditional Use Permit re tattoo parlor at 250 Jersey Avenue, Unit 245 DISTRICT 4 RECOMMENDATION: APPROVAL 5. SHANEEQUA CREIGHTON for a Condition Use Permit re family day-care at 5115 Richard Road DISTRICT 4 RECOMMENDATION: APPROVAL 6. PHENOMENAL KIDZ/CRESCENTE & MERYLL DELGADO for a Conditional Use Permit re family day-care at 1600 Castlefield Road DISTRICT 7 RECOMMENDATION: APPROVAL 7. INTI & LUGH VENTURES, LLC d/b/a RELIABLE DETAILERS / TIMBERLAKE SHOPPING CENTER ASSOCIATES,LLC for a Conditional Use Permit re car wash facility at 4239 Holland Road, Suite 772 DISTRICT 10 RECOMMENDATION: APPROVAL 8. MICHAEL O'CONNOR / MICHAEL H. & CHERYL K. O'CONNOR for a Conditional Use Permit re short-term rental at 303 Atlantic Avenue, Unit 1202 DISTRICT 5 RECOMMENDATION: APPROVAL 9. JAMES MOORE for Conditional Use Permits re short-term rentals at 919 Pacific Avenue, Units A & C DISTRICT 5 RECOMMENDATION: APPROVAL 10. Ordinance to AMEND Section 111 of the City Zoning Ordinance (CZO) re the definitions of permanent cosmetic tattooing,personal service establishments,and tattoo parlor and ADD Section 209.8 to the CZO re provisions of permanent cosmetic tattooing 11. Ordinance to AMEND Sections 201 and 206 of the City Zoning Ordinance(CZO)re placement of Stormwater Facilities M. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/ITA ADVISORY COMMITTEE VB VA250 COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda (including all backup documents) is available at htips:Hclerk.virginiabeach.gov/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: hfti)s://vbqov.webex.com/weblink/register/r8dlf763951 1 a36134c0260c2656c9503 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 21, 2024. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:00 PM A. CANNABIS ADVISORY TASK FORCE UPDATE Andrew Lock, Chair—Cannabis Advisory Task Force Jason Blanchette, Vice-Chair—Cannabis Advisory Task Force (Requested by Mayor Dyer and Councilmember Berlucchi) B. VDOT LASKIN ROAD UPDATE 1:30 PM Chris Hall, Hampton Roads District Engineer—VDOT C. INTERSTATE-264/INDEPENDENCE BOULEVARD INTERCHANGE UPDATE 2:15 PM David Jarman, Transportation Division Manager—Public Works (Requested by Vice-Mayor Wilson& Council Members Ross-Hammond and Schulman) D. COLLECTIVE BARGAINING ADVISORY REFERENDUM 3:00 PM Tiffany Russell, Director—Communications Dana Harmeyer, Senior City Attorney (Requested by Mayor Dyer) II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM III. CITY COUNCIL AGENDA REVIEW 4:15 PM IV. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Pastor Chad Douglas Senior Pastor,New Life Tabernacle 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. SPECIAL FORMAL SESSION April 30, 2024 2. INFORMAL AND FORMAL SESSIONS May 7, 2024 3. SPECIAL FORMAL SESSION May 14, 2024 H. MAYOR'S PRESENTATIONS 1. RESOLUTION—The Worrell 1000 Race—50"' Anniversary 2. PROCLAMATION—Historic Preservation Month C. Mac Rawls accepting 3. PROCLAMATION—Public Works Week LJ Hansen, Director—Public Works 4. PROCLAMATION—Emergency Medical Services Week Deputy Chief Clay Cofer accepting C' Vq s NUR'NrU� RESOLUTION WHEREAS: The Worrell 1000 Race initially began as a bet in the Worrell Bros. restaurant at the Virginia Beach oceanfront in the early 1970s. The Worrell brothers,Michael and Chris, bet that it was possible to sail a sixteen foot catamaran from Virginia Beach to Florida. The voyage is roughly 1000 miles stretching down the Atlantic; and WHEREAS:Michael Worrell and his crew, Steve McGarrett, set sail on October 1, 1974. On their first attempt, the pair endured two hurricanes and were forced to make multiple stops to repair their boat. Finally, the duo was forced to end their race in Fort Lauderdale, but the mission was accomplished; and WHEREAS:The Worrell brothers pioneered in turning this journey into an innovative, extreme sailing event unlike any other. Thus, creating the inaugural Worrell Bros. Coastwise Race in May of 1976, which was later renamed the Worrell 1000 Race; and WHEREAS: The rules of that first race were simple and straightforward: sail as fast as you can, keep the continent on the left and call in to the restaurant every 24 hours to let us know where you are. Starting in Ft. Lauderdale, FL and finishing in Virginia Beach, VA, those early races, sailed on 16 foot Hobie catamarans, were a non-stop day and night endurance test of sailors and their boats. The rules have since changed, adding overnight stops, and allowing for development advances in multihulls with boats up to 20 feet in length with an unrestricted beam; and WHEREAS:Spanning nearly five decades, this test of iron men and women and plastic boats has attracted the very best sailors, along with spectators and media attention from around the world; and WHEREAS: The Worrell 100 Race celebrates its 50"Anniversary on May 25, 2024 in Virginia Beach. NOW THEREFORE, BE IT RESOLVED: That the City Council hereby recognizes and applauds the Worrell 1000 Race. Given by the.Council of the City of Virginia Beach, Virginia the 21 st day of May 2024 and present this Reso 'on du v signed by each Member of the Virginia e ch City Council. Council9ifemberwic6aefT.Berfuccki CouncdNem6er Barbara 94.7fe Coun6741ember 4vidlfutcheson Councif9Kem6erPpbert'W.'"Wort6"&mirk ConncdWem6er Dr.Amelia 4jgss-7fammond Conn d9ld mberjennttfer`V. Rpuse o - 24�0 , cJ� Council9Kem6erSoas6ua F Sc6ufman Councdgde 6erChris Taylor fWemberSabrina D.Wooten A-�.,41-0-U 4 - ��AV- `Vice ryfayor fpsepry Wilson 94ayorRo6 W.°Bo6 y"Dyer G�N�BEA y»' 4 9C F) L+��BUR NET�J Vroclamation `W1 fm. g ie NationafTrust frn7futork fA•eseruatum createdOnervation Weekin 1973 to spotlight grasmwts efforts in historic preservation in America;and 4Mrureas: (President Pkhard M. 7fi;on signed a resolution designating the week of May 6 to 12, 1973 as Natmnal (Preservation Week and Uliereaf• the Natdonal7rust expanded the celebration to a month-fong observance in 2005;and UNereas: .States and communities across the country now recognize the month of May as7ftstonc(Preservation Month,-and `Wkerras: Governor Gienn louag4n has recognized the month of May 2024 as NationaC7Gstonc Twservatwn Month in the Commonwealth of Virginia•and Uftemas: rlhe theme ofNiistonc(Preservation Month 2024 is"(People Saving(Piaces,and U areas: As Director of the City's(Department of Museums,C.Mac Wtwfs oversaw the development of the'Virginia Beach Wistork Pssourres Management(Plan in 1994;and u4iereas: In 1999,Mac requested that City Coune d establish the Virginia Beach 7futoricaf Ritter to recognize buddings, structures,andsites important to the histoncaldevelopment ofVirginut Beach;and 'WXerea. Mac was responsi6ie for the City s assumption of the operation of the Thornughgood Ilouse from the Chrysler Museum,which fedto the City of Norfodkdeeding that Natwnallfstoric Landmark to Virginia Beach,-and 4NKerras. Wr Rgwls'efforts to esta6hsh the'Virginia Beach?Gstoric(Preservation(Partnership resulted in the production of the 50 Most Yli toncaffysignifu:ant Spouses andStructurrs in Virginia Beach booklet in 2008;and U*erw qhe Virginia Beach City Councd esta6hshed the 7futonc fteservatnon Commission in 2008 to advise them on alf issues related to the preservation of historic buiidings,structures,andsites in the city;and "foreas.• The City Counc dappointedMac WTwds as the WistmnicT eservation Commission's first Chair,and Uftereas: Mac senvedas the7iutoric(Preservation Commissions Chairfor4 years,and UA.ereas Virginia Beach was designated as a Cert fd Local Government, and the 7Cutonc Oeservation Commission receiveda statewide awardforcommunity preservation during Mac's 12 year tenure on the Commission;and ` Aeneas. City CouneirappointedMac Wgwis as an Emeritus Member of the 7futonic Preservation Commission in 2024 in recognition of his substantialcontributions in furtherance of historic preservation•and `Whereas•' `Ifie Mayosand0ty Councidsupport the preservation of Virginia Beach's historic resources andwish to recognize Mac Wawls'outstanding contributions to historic preservation in the city. Now 47erefon,I,P,96ert M.(Dyer,Mayor of the City of Tirginia Beach,Virginia,do hereby Proclaim: Way 2024 gfistoric Preserves 'm Wlonth InVirghtia Beach,i cadfupon adlthe Citizens,government agencies,pu6hc andprivate institutions,businesses,andschools in Virginia Beach to recognize tiie importance of 7frstoric(Preservation in maintaining the historicaf identity of the city and to commemorate this month with appropriate activities. In%4t l ass Ufureof.I have hereunto set my hand and caused the OffrcralSeal of the City of Virginia Beach,Virginia,to be affixed this Twenty-Tirst(Day of May,Tuv rAousand7wenty-Tour. P,obert M.Bobby"(Dyer Mayor s o` �N,pg of ftR a" rodam.atton Public works infrastructure is above, 6e(ow, and aQaround us; because of public works, we are a6Ce to have clean waters, safe streets, efficient traffic, and Civa6le communities;and v4emav lnublic works professionals focus on infrastructure,facilities, andservices that could not be providedwithout their dedicatedefforts who perform at alllevels;and 2fzese professionals are responsible for rebuilding, improving, and protecting our city's transportation,pu6Cic 6uildings, traffic systems, beaches andwaterways, roads andstreets, stormwater systems, andother structures andfaciCrties that are absolutely essential to our citizens;and Pu6Cw works services provided in our community are an integral part of our citizens' everyday lives;the health, safety and comfort of this city greatly depends on these services;and We, as city leaders seekto enhance the prestige of the often-unsung heroes of our city -the ftbfc Works professionals who serve the public good, every day, with guiet dedication. Now, Therefore, I, Wilbert 94. "Bo66y" Dyer, Xayor of the City of Virginia Beach, Virginia, do hereby proclaim. ffm Weekof Way 19— 25� 2024, ymia Beach i-Pu6Cic Wo* Week In$iggeraa beach,and I call upon all citizens to salute the hard work accomplishments, and commitment of these dedicated members of the Virginia Beach Bu6li Works Department. In Witness%4emof,I have hereunto set my handandcausedthe Officia(S'eaCof the City of Virginia Beach, Virginia, to be aff�ed this Twenty TFirst Day of Way, Two 9housand7wenty-Four. Wp6ert 9K. "Bo66y"Dyer Mayor ,Jti��'1N�'BEAc� �y _Cx i �s Op OUR NPAT%C0' 0 Vro&matfon `Whtreas. Emergency medicalservices are an essentiatpu6Cu service;and `Whereas• The members of the Virginia Beach Emergency We dica f Se rvices Team are ready to provide fife-saving medicafcare to those in need24 hours a day,seven days a weep;and U4treas.. Access to quality emergency medical care dramatically improves the survivafand recovery rate of those who rVerience sudden illness or injury;and 'W ier=. Emergency medicalservice providers have traditionally servedasAmerica's healthcare systems safety net 6yfilling healthcare delivery gaps andproviding important,out of hospitafcare,including preventive medicine,mental health services,follow-up care,andaccess to education services,•and U*e►eas• The emergency medicalservices system consists offirst responders,emergency medicaftechnicians paramedics;emergency medicafdrspatchers firefighters,law enforcement officers,educators, administrators,pre-hospitalnurses,emergency physicians, trainedmembers of the pu6lic,andother out of hospital medical care providers;and 4bKttta 4ppro irately two thirds of affemergencies medica(services providers in America are volunteers and Virginia Beach celebrates 50 years of a successful combination emergency medicalservices system composedof both volunteer rescue squadandcareerEX5 providers;and Ufwrwas. The members of emergency medicalservices teams,whether career orvolunteer,engage in thousands of hours of special zed training andcon tin u ing education to enhance their lifesaving skiffs;and `G*er=. It is appropriate to recognize the value,compassion,and accomph'shments of emergency medicalservices providers 6y designating Emergency 94edicafServices'Week. Now,7fierrforw I,Ppbert 94. `Bob6y°(Dyer,94ayor of the City of Virginia Beach,Virginia,do hereby proclaim: Way 191h — Way 2P. 2024 Emergency WedicaCServices Week In%*yi tia Be"andl encourage the community to recognize the vofunteerandcareer providers who workhard each day to provide emergency medicatservnces to affwho live,work or visit Virginia Beach with appropriate programs,ceremonies,andactivities. In`f*ness Ufwrwof,I have hereunto set my handandcaused the OfficialSeafof the City of Virginia Beach, Virginia,to be affi-(edthis Twenty'First(Day of Way,Two 7housandand7wenty-Four. ¢° (Rpbert 94. Bob6y°(Dyer Mayor I. PUBLIC HEARINGS 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION Parliament Drive Sidewalk Improvements Phase II Project, CIP 100301 2. LEASE OF CITY PROPERTY—FARMERS MARKET Building 1, Space 9 to Andrew Skipper d/b/a Skipper Farms Building 3, Space 13 to S&H Produce, Inc. �NU'9ft E. PUBLIC HEARING ACQUISITION,BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, May 21,2024 at 6:00 p.m.,in the City Hall Building(Building#1)at the Municipal Center, Virginia Beach, Virginia,on the proposed acquisition, by agreement or condemnation, of property and easements necessary for the Parliament Drive Sidewalk Improvements Phase II Project, CIP 100301(the"Project").The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary,for the Project. ff you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 3854303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Department of Public Works/Office Real Estate, Building 523, 2473 North Landing Road,at the Virginia Beach Municipal Center,(757)385- 4161. If you wish to make comments virtually during the public hearing, please follow the twostep process provided below: 1. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m. on May 21, 2024. 2. Download WebEx and view the meeting at: httos://vbFov.webex.com/webli n k/register/r8d 1f7639511a36 134c026Oc2656c9503 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-May 12,2024 s�n�e M, yl S� PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, May 21,2024,at 6:00 p.m.in the Council Chamber, City Hall - Bldg. 1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed leasing of the following City-owned property located at the Virginia Beach Farmers Market: 1) Building 1,Space 9,consisting of approx. 960 sq. ft. of space, to Andrew Skipper d/b/a Skipper Farms,and 2) Building 3,Space 13,consisting of approx.960 sq.ft.of space to S&H Produce,Inc. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 3854303; hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works/Real Estate, 2473 N. Landing Road, Building 23, Municipal Center at (757) 385-4161, pwrealestate@vbgov.com. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on May 21,2024. 2. Download WebEx and view the meeting at: htLps://YbPov.webex.com/weblink /register/r8d 1f7639511a36134c 0260c2656c9503 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-May 12,2024 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Resolution to DIRECT the City Manager to proceed with certain recommendations of the 2024 Housing Study(Requested by Council Members Hutcheson, Rouse, and Wooten) 2. Ordinance to AUTHORIZE temporary encroachments into a 100' City-Owned man-made canal known as Ashville Bridge Creek and into a 5' City-Owned drainage easement at the rear of 2524 Las Corrales Court re maintain two(2)existing wood floating docks,a wood fixed dock, two (2) wood fingers, wood pier, wood fence, pool, and concrete surrounding the pool DISTRICT 2 3. Ordinance to ACCEPT and APPROPRIATE $53,169 from the United States Department of Housing and Urban Development to the FY 2023-24 Housing and Neighborhood Preservation Operating Budget and AUTHORIZE a local match from work performed by existing staff re oversight and management of the Continuum of Care Program Grant Program 4. Ordinance to APPROPRIATE $1-Million from the Net Assets of the Water and Sewer Enterprise Fund to the FY 2023-24 Public Utilities Operating Budget re continue normal operation for the remainder of the fiscal year 5. Ordinance to APPROPRIATE $225,000 from the fund balance of the Federal Section 8 Program Special Revenue Fund to the FY 2023-24 Housing and Neighborhood Preservation Operating Budget re cover contracted manpower for the remainder of the fiscal year 411. ,f�f zto CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Manager to Proceed with Certain Recommendations of the 2024 Housing Study MEETING DATE: May 21, 2024 ■ Background: Affordable housing is one of the City Council's top priorities. In November 2021, the City Council authorized funding for an update to the 2017 Housing Study. In August and September 2023, the City Council received briefings from the consultants that were preforming the update to the 2017 Housing Study. In late January 2024, the 2024 Housing Study was completed, and a copy of this document is posted on the City's website: https://housing.virginiabeach.gov/about-us/housing-study. During the City Council's workshop session on March 12, 2024, the Department of Housing and Neighborhood Preservation presented proposed "next steps" resulting from the 2024 Housing Study. The City Council discussion on March 12, 2024, reached consensus to pursue the following activities: 1 . Advance discussions with the Virginia Beach Development Authority to fund new, large-scale, mixed-use development projects; 2. Design a housing education campaign to incorporate into successful community engagement; and 3. Research opportunities to simplify and streamline the permitting and review process. ■ Considerations: The attached resolution directs the City Manager to pursue these three activities. The City Manager is further directed to provide the City Council with periodic updates on the status of these items. ■ Public Information: Normal Council agenda process. ■ Attachments: Resolution Requested by Councilmembers Hutcheson, Rouse, and Wooten REQUESTED BY COUNCILMEMBERS HUTCHESON, ROUSE, AND WOOTEN 1 A RESOLUTION TO DIRECT THE CITY MANAGER 2 TO PROCEED WITH CERTAIN 3 RECOMMENDATIONS OF THE 2024 HOUSING 4 STUDY 5 6 WHEREAS, affordable housing is one of the City Council's top priorities, 7 8 WHEREAS, in November 2021, the City Council authorized funding for an update 9 to the 2017 Housing Study; 10 11 WHEREAS, in August and September 2023, the City Council received briefings 12 from the consultants that were preforming the update to the 2017 Housing Study; 13 14 WHEREAS, in late January 2024, the 2024 Housing Study was completed, and a 15 copy of this document is posted on the City's website: 16 https://housing.virginiabeach.gov/about-us/housing-study; 17 18 WHEREAS, during the City Council's workshop session on March 12, 2024, the 19 Department of Housing and Neighborhood Preservation presented proposed "next steps" 20 resulting from the 2024 Housing Study; and 21 22 WHEREAS, the City Council discussion on March 12, 2024, reached consensus 23 to pursue the following activities: 24 25 1. Advance discussions with the Virginia Beach Development Authority to fund 26 new, large-scale, mixed-use development projects; 27 2. Design a housing education campaign to incorporate into successful 28 community engagement; and 29 3. Research opportunities to simplify and streamline the permitting and review 30 process; 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA, THAT 34 35 The City Manager is hereby directed to pursue the three activities noted above and 36 to provide the City Council with periodic updates on the status of these items. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2024. APPROVED AS TO LEGAL SUFFICIENCY: y Att ney's Office CA16460 R-2 May 7, 2024 fzt 1> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a 100' City-owned man-made canal known as Ashville Bridge Creek and into a 5' City-owned drainage easement, located at the rear of 2524 Las Corrales Court MEETING DATE: May 21, 2024 ■ Background: Robert J. Gomez and Maria C. Gomez (the "Applicants") request permission to maintain existing two (2) wood floating docks, a wood fixed dock, two (2) wood fingers, a wood pier, a wood fence, a pool and concrete surrounding the pool (collectively, the "Temporary Encroachment") into a 100' City-owned man-made canal known as Ashville Bridge Creek (GPIN: 2424-02-4573) and into a 5' City- owned drainage easement, (collectively, the "Encroachment Area"), located at the rear of 2524 Las Corrales Court (GPIN: 2414-81-5959). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City-owned man-made canal and City- owned drainage easement, which is where the Applicants request to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate 11 pil City Manager: AP 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 100' CITY-OWNED MAN-MADE CANAL 6 KNOWN AS ASHVILLE BRIDGE CREEK 7 AND INTO A 5' CITY-OWNED DRAINAGE 8 EASEMENT, LOCATED AT THE REAR OF 9 2524 LAS CORRALES COURT 10 11 WHEREAS, Robert J. Gomez and Maria C. Gomez("the Applicants") request 12 permission to maintain existing 5' x 13.3' wood floating dock, an 8.5' x 20' wood floating 13 dock, a 16' x 16' wood fixed dock, a 10" x 16' wood finger, a 10" x 10.6' wood finger, a 14 variable width wood pier, a 3' x 122' wood fence, a pool with a maximum encroachment of 15 65.5 square feet and concrete surrounding the pool with a maximum encroachment of 16 103.57 square feet, (collectively, the "Temporary Encroachment") into a 100'City-owned 17 man-made canal known as Ashville Bridge Creek(GPIN: 2424-02-4573)and into a 5' City- 18 owned drainage easement (collectively the "Encroachment Area"), located at the rear of 19 2524 Las Corrales Court and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments into the 23 City-owned man-made canal and easement subject to such terms and conditions as 24 Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Robert J. Gomez and Maria C. 31 Gomez, their heirs, assigns and successors in title are authorized to maintain the 32 Temporary Encroachment within the City's man-made canal and easement as shown on 33 the map entitled: "Exhibit A ENCROACHMENT EXHIBIT SHOWING EXISTING POOL, 34 CONCRETE, WOOD PIER, WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & 35 FENCE FOR ROBERT J. GOMEZ & MARIA C. GOMEZ LOCATED ON LOT 7, LAS 36 CORRALES D.B. 2524, PG. 391(PLAT) CITY OF VIRGINIA BEACH,VIRGINIA," Scale: 1" 37 = 30', dated May 4, 2023 and revised through March 7, 2024, prepared by Gallup 38 Surveyors & Engineers, a copy of which is attached hereto as Exhibit"A" and on file in the 39 Department of Public Works and to which reference is made for a more particular 40 description; 41 42 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 43 subject to those terms, conditions and criteria contained in the agreement between the City 44 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 1 45 been presented to the Council in its agenda, and will be recorded among the records of the 46 Clerk's Office of the Circuit Court of the City of Virginia Beach; 47 48 BE IT FURTHER ORDAINED, that the City Manager or his authorized 49 designee is hereby authorized to execute the Agreement; and 50 51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 52 such time as Robert J. Gomez, Maria C. Gomez and the City Manager or his authorized 53 designee execute the Agreement. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 56 day of , 2024. CA16078 R-1 Prepared: 5/7/24 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: �\C,ab P B IC WO KS, REAL ESTATE DAN . HARMEYER SENIOR CITY ATTORNEY 2 NOW OR FORMERLY ASHVILLE BRIDGE CREEK 100' DRAINAGE R/W Q CITY OF VIRGINIA BEACH GPIN: 2424-024573 APPROXIMATE M.B. 76, PG. 13 EDGE OF WATER C% EX. 3'x 1 x 22. W -OxFENCE p.B 252 L=1.51' N C1 EX. POOL Q W 5 0 LOT 7 W t7 a LOO CD a v 17 Cr woo SCREEN n M VALTH p4�, N DECK PORCH m O� 1 2 STORY FRAME v DAUTLER #2524 w 8 t�j Q a coc.No. 38395 c ME UJ .pow 12:5��,� rn M o o rn �SSJONAL z cn O N N 749.37' (PLAT) TO P.I. o 6 CAMINO REAL SOUTH 0 IPF IPF CB S 13'40'14" W 120.00' LAS CORRALES COURT (50' R/W) D.B. 2524, PG. 391 (PLAT) EXHIBIT A ENCROACHMENT EXHIBIT SHOWING 0 30 60 EXISTING POOL, CONCRETE, WOOD PIER, WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE SEE SHEET 4 FOR CURVE TABLE, NOTES & OWNERS. FOR ROBERT J. GOMEZ & MARIA C. GOMEZ GALLUP LOCATED ON LOT 7, LAS CORRALES SURVEYORS Sr ENGINEERS D.B. 2524, PG. 391 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 32 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH,VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' 1 Date:May 4,23 Revised:Mar.7,24 1 Sheet: 1 of 4 W.,\Gomez,Robert J.&Maria C-2524 Las Corrales Court\Drawings\22-53 Encroachment Exhibit.dwg,5/7/2024 10ABA5 AM EX. 8.5'x2O'WOOD WOOD FINGER EX. NGE R' FLOATING DOCK p.B- 2524, PG' 00� EX. 16'x16'WOOD 30 0 FIXED DOCK 2 NOW OR FORMERLY ASHVILLE BRIDGE CREEK p� 100' DRAINAGE RNV CITY OF VIRGINIA BEACH GPIN: 2424-02-4573 EX. 10"x10.6' M.B. 76, PG. 13 WOOD FINGER I ��ALTN O� � o G ion o O� 5.41 ? � l � 70 20.81, � � O • DAt� UTLER EX. WOOD 2� 7� `I` c.No. 38395 PIER v,w w A '(L� r\ w w 0% o A�°� ?0 .-•- SjoNAL E� EX. 3.x 122 7C 70 W=x APPROXIMATE 3 95' x EDGE OF WATER ca N x ri r x 15.34, -co L=6.86 L=17.78' Cl �- 5' DRAINAGE EASEMENT D.B. 2524, PG. 391 (PLAT) EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING POOL, CONCRETE, WOOD PIER, 0 10 20 WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE SEE SHEET 4 FOR CURVE TABLE, NOTES & OWNERS. FOR ROBERT J. GOMEZ & MARIA C. GOMEZ GALLUP LOCATED ON SURVEYORS & ENGINEERS LOT 7, LAS CORRALESD.B. 2524, PG. 391 PLAT 323 FIRST COLONIAL ROAD (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' Date: May 4, 23 Revised: Mar. 7,24 Sheet:2 of 4 W:\Gomez,Robert).&Maria C-2524 Las Corrales Court\Drawings\22-53 Encroachment Exhibit dwg,5/7/2024 10.48-45 AM O —3 xx 122' W O wow--- G. 331 `P��) NOW OR F D Y E— x U DA c.No.38395 fkn ER P 0 3. 252A' ASHVILLE BRIDGE CREEK 94.01 SF OR 0.0022 AC. 100' DRAINAGE RNV �•� 5,A ENCROACHMENT CITY OF VIRGINIA BEACH �SSjONAL E�G� 9.57 SF OR 0.0002 AC. GPIN: 2424-02-4573 ENCROACHMENT j M.B. 76, PG. 13 C1 L=1t' L=1.42' � L=15.59' L=31.19' L=14.17' Acr L=56.80' L=26.00 0 0 L=25.34 �— 70- 5' DRAINAGE EA:391 (P A 7° D.B. 2524, PG. LAT) L=38.69' EX. CONCRETE POOL 65.51 SF OR 0.0015 AC. POOL ENCROACHMENT EX. CONCRETE EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING POOL, CONCRETE, WOOD PIER, 0 10 20 WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE SEE SHEET 4 FOR CURVE TABLE, NOTES & OWNERS. FOR ROBERT J. GOMEZ & MARIA C. GOMEZ GALLUP LOCATED ON LOT 7, LAS CORRALES SURVEYORS&ENGINEERS D.B. 2524, PG. 391 PLAT 323 FIRST COLONIAL ROAD VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH,VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' 1 Date: May 4,23 Revised: Mar.7,24 1 Sheet:3 of 4 W:\Gomez,Robert J.&Maria C-2524 Las Corrales Court\Drawings\22-53 Encroachment Exhibit.dwg,5/7/2024 10:48A6 AM OWNERS KEY OWNER DEED LOT LEGAL PLAT GPIN CHRISTINA DRUMM-BOYD I.N. LAS D.B. 2524, & FREDERICK M. BOYD 200805130005 6 CORRALES PG. 391 2414815826 REVOCABLE LIVING TRUST 55360 ADAM E. SCHMIDT & I.N. 8 LAS D.B. 2524, 2414825170 MINDY M. SCHMIDT 202103068491 CORRALES PG. 391 CITY OF VIRGINIA BEACH M.B. 77, 2424024573 PG. 14 ROBERT J. GOMEZ & I.N. LAS D.B. 2524, MARIA C, GOMEZ 200810070011 7 CORRALES PG. 391 2414815959 76030 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS SITE PLAN IS BASED UPON A TOPOGRAPHICAL SURVEY PREPARED BY:ALPHATEC SURVEYORS, LTD. DATED: 9—30-08. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD Cl 06'17'04" 1100.00' 120.66' 60.39' N 07'58'44" E 120.59' O� `r r O r v DAR- UTLER > EXHIBIT A `I c.No. 38395 �� ENCROACHMENT EXHIBIT SHOWING �w EXISTING POOL, CONCRETE, WOOD PIER, �SSIONAL ECG` WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE FOR ROBERT J. GOMEZ 8t MARIA C. GOMEZ GALLUP LOCATED ON SURVEYORS & ENGINEERS LOT 7, LAS CORRALESD.B. 2524, PG. 391 PLAT 323 FIRST COLONIAL ROAD VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' Date:May 4,23 Revised: Mar. 7,24 Sheet:4 of 4 W.\Gomez,Robert 1.&Maria C-2524 Las Corrales Court\Drawings\22-53 Encroachment Exhibit.dwg,5/7/2024 10:48:46 AM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of 2024, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROBERT J. GOMEZ AND MARIA C. GOMEZ, 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 7" as shown on that certain plat entitled: "SUBDIVISION OF LAS CORRALES PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated September 1985, prepared by Basgier and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2524, at page 391 and 392, respectively, and being further designated, known, and described as 2524 Las Corrales Court, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain existing 5' x 13.3' wood floating dock and an 8.5' x 20' wood floating dock, a 16' x 16' wood fixed dock, a 10" x 16' wood finger, a 10" x 10.6' wood finger, a variable width wood pier, a 3' x 122' wood fence, a pool with a maximum encroachment of 65.5 square feet and concrete surrounding the pool with a maximum encroachment GPIN: 2424-02-4573 (100' CITY-OWNED MAN-MADE CANAL KNOWN AS ASHVILLE BRIDGE CREEK) 5' CITY-OWNED DRAINAGE EASEMENT (NO GPIN ASSIGNED) 2414-81-5959 GPIN (2524 LAS CORRALES COURT) of 103.57 square feet, collectively the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a 100' City-owned man-made canal known as Ashville Bridge Creek (GPIN: 2424-02-4573) and into a 5' City-owned drainage 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 maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be 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 EXISTING POOL, CONCRETE, WOOD PIER, WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE FOR ROBERT J. GOMEZ & MARIA C. GOMEZ LOCATED ON LOT 7, LAS CORRALES D.B. 2524, PG. 391 (PLAT) CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 30', dated May 4, 2023 and revised through March 7, 2024, 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. 3 It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in 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. 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 4 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, ROBERT J. GOMEZ and MARIA C. GOMEZ, the said Grantees, 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 , 2024, 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 My 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 , 2024, 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 My Notary Registration Number: My Commission Expires: 6 ROBERT J. GOMEZ 4,oj-j e 9v MARIA C. GOMEZ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me thisa4%day of 2024, by Robert J. Gomez and Maria C. Gomez, husband and wife. 091OLL .6LCUIZ - (SEAL) Nota P bli �CI ASHLEY RENEE JANECHEK My Notary Registration Number: I NOTARY PUBLIC My Commission Expires: 0 REG. *7770977 COMMONWEALTH O VI 311 I,, DIY COMMISSION EXPIRES APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P BLIC WOR S/REAL ESTATE . HARMEYER SENIOR CITY ATTORNEY 7 NOW OR FORMERLY ASHVILLE BRIDGE CREEK 100' DRAINAGE R/W CITY OF VIRGINIA BEACH GPIN: 2424-02-4573 APPROXIMATE M.B. 76, PG. 13 EDGE OF WATER 000 EX. x'X 1 ,F-ENCE !� 2.46 PGco L=1 p.B 25 L=1.51' co C1 x EX. POOL �4 5 W 0 LOT 7 W r7 Za o a � v � r7 O rr WOOD SCREEN 4 � ALT11 _ N op DECK PORCH m O� Gr o 2 STORY FRAME U #2524 DAZE UTLER 3 uj Q w `I` c.No. 38395 ip w a w _) W °' o o rn to a SIONAL z vz O N N 749.37' (PLAT) TO P.I. o 0 CAMINO REAL SOUTH c> IPF IPF CB S 13*40'14" W 120.00' LAS CORRALES COURT (50' R/W) D.B. 2524, PG. 391 (PLAT) EXHIBIT A ENCROACHMENT EXHIBIT SHOWING 0 30 60 EXISTING POOL, CONCRETE, WOOD PIER, WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE SEE SHEET 4 FOR CURVE TABLE, NOTES & OWNERS. FOR ROBERT J. GOMEZ & MARIA C. GOMEZ GALLUP LOCATED ON SURVEYORS& ENGINEERS LOT 7, LAS CORRALES 323 FIRST COLONIAL ROAD D.B. 2524, PG. 391 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' Date: May 4, 23 Revised:Mar. 7, 24 1 Sheet: 1 of 4 W:\Gomez,Robert 1.&Maria C-2524 Las Corrales Court\Drawings\22-53 Encroachment Exhibit.dwg,5/7/2024 10:48:45 AM EX. 8.5'x20'WOOD EX. 10"x16' FLOATING DOCK '4 WOOD FINGER U.B. 25 DO k EX. 16'x16'WOOD 30 0 FIXED DOCK O 0 NOW OR FORMERLY k ASHVILLE BRIDGE CREEK 100' DRAINAGE R/VV �u j'' CITY OF VIRGINIA BEACH GPIN: 2424-024573 EX. 10'x10.6' M.B. 76, PG. 13 �\li GER o �tipLTN p'�G ion o "� 5•41. 2O� 1 pt 85, 7C 70 20'B1 ° 0 000 '-4 v DA � UTLER EX.WOOD c.No. 38395 PIER "' c�w � � W �,,23�� 000 EX 0 NAL . 3,x 122,^ � -� 70 A w ENCE x APPROXIMATE 3 95' x EDGE OF WATER W N x N r r r u r x _ L=15•34' 70 '� ° Io `'' L=13•80 °o L=6.B6 x w 4� ' (.A rn L=17.78' � o Cl �� -- 5' DRAINAGE EASEMENT D.B. 2524, PG. 391 (PLAT) EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING POOL, CONCRETE, WOOD PIER, o io 20 WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE SEE SHEET 4 FOR CURVE TABLE, NOTES & OWNERS. FOR ROBERT J. GOMEZ & MARIA C. GOMEZ GALLUP LOCATED ON SURVEYORS & ENGINEERS LOT 7, LAS CORRALES 323 FIRST COLONIAL ROAD D.B. 2524, PG. 391 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1'=30' Date: May 4,23 Revised: Mar.7,24 Sheet:2 of 4 W:\Gomez,Robert J.&Maria C-2524 Las Corrales Court\Drawings\22-53 Encroachment Exhibit.dwg,5/7/2024 10:48:45 AM _ x � x_3xX 1�2' Wpp VO �� !'pG• 3g1 NOW OR FORMERLY E=x DA *t! UTLER 4, I` c.No. 38395 pg. 252 ASHVILLE BRIDGE CREEK 94.01 SF OR 0.0022 AC. 100' DRAINAGE RNV ENCROACHMENT CITY OF VIRGINIA BEACH �SSIONAL 9.57 SF OR 0.0002 AC. GPIN: 2424-02-4573 ENCROACHMENT -, M.B. 76, PG. 13 N Cl L=17.78' L=1.42' � L=15.59' , L=31.19' L=14.17 c�+ L=56.80' L=26.00 o AOA Io II o L=25.34 pD c 70 5' DRAINAGE EAL -- j0 D.B. 2524, PG. �0 L=38.69' EX. CONCRETE POOL 65.51 SF OR 0.0015 AC. POOL ENCROACHMENT EX. CONCRETE EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING POOL, CONCRETE, WOOD PIER, 0 10 20 WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE SEE SHEET 4 FOR CURVE TABLE, NOTES & OWNERS. FOR ROBERT J. GOMEZ & MARIA C. GOMEZ GALLUP LOCATED ON SURVEYORS&ENGINEERS LOT 7, LAS CORRALES 323 FIRST COLONIAL ROAD D.B. 2524, PG. 391 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' 1 Date: May 4,23 Revised:Mar.7,24I Sheet:3 of 4 W:\Gomez,Robert J.&Maria C-2524 Las Corrales Court\Drawings\22-53 Encroachment Exhibit.dwg,5/7/2024 10:48:46 AM OWNERS KEY OWNER DEED LOT LEGAL PLAT GPIN CHRISTINA DRUMM—BOYD I.N. LAS D.B. 2524, & FREDERICK M. BOYD 200805130005 6 CORRALES PG. 391 2414815826 REVOCABLE LIVING TRUST 55360 ADAM E. SCHMIDT & I.N. 8 LAS D.B. 2524, 2414825170 MINDY M. SCHMIDT 202103068491 CORRALES PG. 391 CITY OF VIRGINIA BEACH M.B. 77, 2424024573 PG. 14 ROBERT J. GOMEZ & 1.N. LAS D.B. 2524, MARIA C, GOMEZ 200810070011 7 CORRALES PG. 391 2414815959 76030 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS SITE PLAN IS BASED UPON A TOPOGRAPHICAL SURVEY PREPARED BY:ALPHATEC SURVEYORS, LTD. DATED: 9—30—08. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHID BEARING CHORD Cl 06'17'04" 1100.00' 120.66' 60.39' N 07'58'44" E 120.59' ��ALTH OF 0 Gr O � v DA �e UTLER EXHIBIT A c.No.38395 ENCROACHMENT EXHIBIT SHOWING EXISTING POOL, CONCRETE, WOOD PIER, WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE FOR ROBERT J. GOMEZ & MARIA C. GOMEZ GALLUP LOCATED ON SURVEYORS & ENGINEERS LOT 7, LAS CORRALES 323 FIRST COLONIAL ROAD D.B. 2524, PG. 391 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' 1 Date: May 4,23 Revised: Mar.7,24 1 Sheet:4 0f 4 W:\Gomez,Robert 1.&Maria C-2524 Las Corrales Court\Drawings\22-53 Encroachment Exhibit.dwg,5/7/2024 10:48:46 AM \\ /. 2 i \\ k � . � ! OWN J. w, t„ /, , ` w2 . . _ \� ,� � y . \ > >�x© �« } z � � � \ * § �^ \ � � \\ \ ? . ƒ�!« . » : < «� 2 . , x� �y� ,.y . . � � `�`�y � � . � <\\} . �` ~ � ^ ��/� � ° � ,\\ . . � \ � ��\ �.�.¥^ � � � >:¥ � � � � a » /� � � � > � \:\�\� N NiMM ait W E SITE J \ JNDBRIDGE i 0 < 20, EASje /IV A e —� v M��O cT S LOCATION MAP ENCROACHMENT REQUEST Legend OWNER: ROBERT AND MARIA GOMEZ GPIN: 2414-81-5959 2414-81-5959 Feet City Property i 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 08/02/2023 XACADD\Projects\ARC FilesWGENDA MAPS\2414-81-5959\2414-81-5959.mxc ri N i { W E Q r S s; •`sue► ri `' �,� `•„ ,� � �:.• . „G� p, 5 � y e , , *t. r. 1. i 20"; EgrSAlNq°GE J ?, r . ENT -%L t•a 6 I q • T ,_ f , LOCATION MAP ' ENCROACHMENT REQUEST Legend OWNER: ROBERT AND MARIA GOMEZ 2414-81-5959 G P I N: 2414-81-5959 Feet City Property 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 08/02/2023 XACADD\Projects\ARC Files AGENDA MAPS\2414-81-5959\2414-81-5959 Aerial.mxc Disclosure Statement y_ City of Viryinic Brvxh _.. .: 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 �ct�etiT , C' CaoNEz Does the applicant have a representative? ❑ Yes 2"NO If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes [KNo If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) If yes,list the businesses that have a parent-subsidiary' or affiliated business entity'relationship with the applicant. (Attach a list if necessary) ' "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 ( PaKe Revised 11.09.2020 f: ( i e S pa eraen ' t ('inf of Yinlirtu E::x.� -r. 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 ErN0 • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure _. 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? y�X1Yes (ENO • If yes,identify the financial institutions providing the service, � ) 1 -"3 -,� 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes D-1il0 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 9-1�0 • 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? [9/Yes ❑ NO If yes,identify the firm and individual providing the service. C,Au vP S•,ca,eY�nS , E.�ti C tz`ZS D1�w1 6aititrC '1 S"1—`f'Ui3- 813'L- ;lA�nt G GAt w�`SuRud`/rtis , w 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes EIINO • If yes,identify the purchaser and purchaser's service providers. 2 ( Page Revised 11.09,2020 Disclosure Statement Planning & Commin r.;. 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 E] 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? CrYes ❑ NO If yes,identify the firm and individual providing the service. G'AV'Luf- Sow%%�o¢s t GIP its - Itt'W I;> -Yk 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 D'lqo 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, 1 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. Y Applicant Signature 2oZ.car .3 . yPMtiz r-tnz%A C. �oniz Print Name and Title Date �� Is the applicant also the owner of the subject property? E Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. O, 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 D ate Signature Print Name 31Page Revised 11.09.2020 Disclosure Statemen City of V&yinia Bwch - Planning & Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 P a g e Disclosure Statement !'ire;f l'tirir[i::I3� Planning & Comm —did" .---- Develo meet A �.._ Owner Disclosure Owner Name 12ei3t'xzT J. 4, CANZAA C. 6%0-4Z-z.._ Applicant Name -1• t eLQAA C. C40MU7— Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes B 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? ElLY 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, (h)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 ( P a g e isdosur �tatemen . - . - . . City of l'oyirdo Burch -: Planning & Comm Development'-.. , Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-col lateral ization,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 N' 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? 9Yes CTN0 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 B-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? ET Yes ❑ NO If yes,identify the firm and individual providing the service. GAiLWe SJft-yt`,onl , C-yiWRCS ^ 1-)PV D %vSLJM _ S. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ❑'1g10 • 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 9'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? FB;�.es ❑ NO • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 (' a E E Disclosure Statement Cit y of t uviTCu Bm h Planning & Communiq, Development r 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be ET- 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 (Z06car �ioKrz- Print Name and Title Date Revised 11.09.2020 7 P a g e f� T' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Continuum of Care Program and to Authorize a Local Match MEETING DATE: May 21, 2024 ■ Background: The Continuum of Care (CoC) is an annual grant provided by the United States Department of Housing and Urban Development (HUD). This grant is designed to assist individuals and families experiencing homelessness and provide the services needed to help such individuals move into transitional and permanent housing, with the goal of long-term stability. The CoC Program is designed to promote community- wide planning and strategic use of resources to address homelessness, to improve coordination and integration with mainstream resources and other programs targeted to people experiencing homelessness, to improve data collection and performance measurement, and to allow each community to tailor its programs to the strengths and challenges in assisting homeless individuals and families within that community. The City receives on average $55,000 annually for this purpose. The City was recently awarded additional funding of $53,169 for oversight and management of the CoC Program. ■ Considerations: The CoC grant has a 25% match component that is met through work performed by the existing staff at the Housing Resource Center. No additional local funds are being requested to support these tasks. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Housing & Neighborhood Preservation City Manager: W 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE CONTINUUM OF CARE PROGRAM AND 3 TO AUTHORIZE A LOCAL MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1 . $53,169 is hereby accepted from the United States Department of Housing and 9 Urban Development and appropriated, with federal revenue increased accordingly, 10 to the FY 2023-24 Operating Budget of the Department of Housing and 11 Neighborhood Preservation for oversight and management of the Continuum of 12 Care Grant Program. 13 14 2. A local match from the work performed by existing staff at the Housing Resource 15 Center is hereby authorized. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. 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- Budget and Management ervices City rney's Office CA16507 R-1 May 8, 2024 u �yy. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1 ,000,000 from the Net Assets of the Water and Sewer Enterprise Fund to the FY 2023-24 Operating Budget of the Department of Public Utilities MEETING DATE: May 21 , 2024 ■ Background: In May 2023, the City Council approved the FY 2023-24 Operating Budget and appropriated $146.3 million for the Department of Public Utilities. In FY 2023- 24, Public Utilities has experienced overall operational cost increases, which have limited its ability to accommodate cost overruns. Public Utilities coordinates with the Public Works Department to re-pave roadways opened for repair and maintenance of water and sanitary sewer lines. For FY 2023-24, total costs are expected to increase to $1.3 million, about $500,000 over budget. In addition, supply chain issues related to the procurement and delivery of water meters are further constraining operational funds available for normal operations. Historically, Public Utilities has ordered meters as needed to maintain a sufficient inventory. However, with industry-wide lag times of nine to twelve months for meters, Public Utilities has had to pre-order a large number of meters to address meter inventory needs. The department has encumbered nearly $1.0 million for water meters currently on order and awaiting delivery. ■ Considerations: An appropriation is needed to continue normal operations for the remainder of the fiscal year. There are sufficient net assets in the Water and Sewer Enterprise Fund for this need. Any unused appropriated funding at the end of the fiscal year will lapse back to net assets of the enterprise fund. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Utilities City Manager: /40 1 AN ORDINANCE TO APPROPRIATE $1,000,000 FROM THE 2 NET ASSETS OF THE WATER AND SEWER ENTERPRISE 3 FUND TO THE FY 2023-24 OPERATING BUDGET OF THE 4 DEPARTMENT OF PUBLIC UTILITIES 5 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $1,000,000 is hereby appropriated from the net assets of the Water and Sewer 11 Enterprise Fund to the operating accounts of the FY 2023-24 Operating Budget of Public 12 Utilities. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. 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: Budget and Management Services City orney s Office CA16505 R-1 May 8, 2024 . \NUEEjl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $225,000 from the Fund Balance of the Federal Section 8 Program Special Revenue Fund to the FY 2023-24 Operating Budget of the Housing and Neighborhood Preservation Department MEETING DATE: May 21, 2024 ■ Background: The Federal Section 8 Program Special Revenue Fund administers the Housing Choice Voucher Program and several other federally supported programs that provide housing subsidies to qualified households. Federal funds are provided to the City on an annual basis for the ongoing operations of these programs. Each year through the budget development process, the Department of Housing and Neighborhood Preservation (DHNP) estimates how many clients can be served and how many staff will be needed to administer the programs based on the level of funding provided by the United States Department of Housing and Urban Development. Due to differing levels of federal funding, DHNP's reliance on contracted manpower varies each year. In the current fiscal year, DHNP's need for contracted manpower was greater than expected. As a result, DHNP requests additional funding to cover contracted manpower through the end of the fiscal year. ■ Considerations: These additional funds will be appropriated from the fund balance of the Federal Section 8 Program Special Revenue Fund. Any unused appropriations in the current fiscal year will lapse to the fund balance of the special revenue fund. As of June 30, 2023, the fund balance of the Federal Section 8 Program Special Revenue Fund was $1,963,527. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Housing & Neighborhood Preservation City Manager: �� 1 AN ORDINANCE TO APPROPRIATE $225,000 FROM THE 2 FUND BALANCE OF THE FEDERAL SECTION 8 3 PROGRAM SPECIAL REVENUE FUND TO THE FY 2023- 4 24 OPERATING BUDGET OF THE HOUSING AND 5 NEIGHBORHOOD PRESERVATION DEPARTMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $225,000 is hereby appropriated from the fund balance of the Federal Section 8 11 Program Special Revenue Fund to the payroll accounts of the FY 2023-24 Operating 12 Budget of Housing and Neighborhood Preservation Department. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services City orney's Office CA16506 R-1 May 8, 2024 L. PLANNING 1. CARL R. ELLIS, JR for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the lot to create two (2) single-family dwelling lots at 2620 Broad Bay Road DISTRICT 8 (Deferred from April 16, 2024) Applicant Request Deferral to June 18, 2024 RECOMMENDATION: APPROVAL 2. 617 VANDERBILT, LLC for a Street Closure re 7.5-foot portion of an unnamed, unimproved alley adjacent to the rear of 901 Vanderbilt Avenue in Croatan DISTRICT 5 RECOMMENDATION: APPROVAL 3. MCDONALD NURSERIES OF VIRGINIA BEACH, INC for a Modification of Proffers to a Conditional Rezoning and a Conditional Use Permit re bulk storage yard at 1144 Independence Boulevard, 4015 Mason Street, parcel directly West of 1144 Independence Boulevard and 4011, 4017, 4021 Mason Street DISTRICT 9 RECOMMENDATION: APPROVAL 4. ALL THINGS BEAUTY/ KRAMBIAS PROPERTIES, LLC for a Conditional Use Permit re tattoo parlor at 250 Jersey Avenue, Unit 245 DISTRICT 4 RECOMMENDATION: APPROVAL 5. SHANEEQUA CREIGHTON for a Condition Use Permit re family day-care at 5115 Richard Road DISTRICT 4 RECOMMENDATION: APPROVAL 6. PHENOMENAL KIDZ/CRESCENTE & MERYLL DELGADO for a Conditional Use Permit re family day-care at 1600 Castlefield Road DISTRICT 7 RECOMMENDATION: APPROVAL 7. INTI & LUGH VENTURES, LLC d/b/a RELIABLE DETAILERS / TIMBERLAKE SHOPPING CENTER ASSOCIATES,LLC for a Conditional Use Permit re car wash facility at 4239 Holland Road, Suite 772 DISTRICT 10 RECOMMENDATION: APPROVAL 8. MICHAEL O'CONNOR / MICHAEL H. & CHERYL K. O'CONNOR for a Conditional Use Permit re short-term rental at 303 Atlantic Avenue, Unit 1202 DISTRICT 5 RECOMMENDATION: APPROVAL 9. JAMES MOORE for Conditional Use Permits re short-term rentals at 919 Pacific Avenue, Units A & C DISTRICT 5 RECOMMENDATION: APPROVAL 10. Ordinance to AMEND Section 111 of the City Zoning Ordinance (CZO) re the definitions of permanent cosmetic tattooing, personal service establishments, and tattoo parlor and ADD Section 209.8 to the CZO re provisions of permanent cosmetic tattooing 11. Ordinance to AMEND Sections 201 and 206 of the City Zoning Ordinance(CZO)re placement of Stormwater Facilities IA•ef�1 U s VW NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,May 21, 2024 at 6,00 p.m.In the Council Chamber at City Hall,Building 1,2-Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov, 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 with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 21,2024. 2. Download WebEx and view the meeting at: https•//vbgov webex com/weblink/register/r8dlf763951la36134cO26Oc265 6c9503 The following requests are scheduled to be heard: Carl R.Ellis,Jr(Applicant&Property Owner)Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Address:2620 Broad Bay Road GPIN:1499688214 City Council:District 8 617 Vanderbilt, LLC(Applicant)Street Closure Adjacent Address: 901 Vanderbilt Avenue Adjacent GPIN:2426377356 City Council:District 5 McDonald Nurseries of Virginia Beach,Inc(Applicant&Property Owner)Modification of Proffers Conditional Use Permit (Bulk Storage Yard) Addresses: 1144 Independence Boulevard, 4015 Mason Street, parcel directly west of 1144 Independence Boulevard,and 4011,4017,4021 Mason Street GPIN:1478577429, 1478572695,Portion of 1478575009,1478578655,1478577656,1478576658 City Council:District 9 All Things Beauty(Applicant)Krambias Properties,LLC(Property Owner)Conditional Use Permit(Tattoo Parlor)Address:250 Jersey Avenue,Unit 245 GPIN:1467857299 City Council:District 4 Shaneequa Creighton(Applicant&Property Owner)Conditional Use Permit(Family Day-Care Home)Address: 5115 Richard Road GPIN: 1467865777 City Council: Distrk:t 4 Phenomenal Kidz (Applicant) Crescente and Meryll Delgado (Property Owners) Conditional Use Permit (Family Day-Care Home)Address: 1600 Castlefield Road GPIN:1475555115 City Council:District 7 Inti&Lugh Ventures,LLC d/b/a Reliable Detailers(Applicant)Timberlake Shopping Center Associates,LLC(Property Owner)Conditional Use Permit(Car Wash Facility) Address:4239 Holland Road,Suite 772 GPIN:1476868558 City Council:District 10 Michael O'Connor (Applicant) Michael H & Cheryl K O'Connor(Property Owners) Conditional Use Permit(Short Term Rental)Address:303 Atlantic Avenue,Unit 1202 GPIN:24273224032260 City Council:District 5 James Moore (Applicant& Property Owner)Conditional Use Permits(Short Term Rentals)Addresses: 919 Pacific Avenue, Units A& C GPINs:24272444111105, 24272444111115 City Council:District 5 City of Virginia Beach-An ordinance to amend Section III of the City Zoning Ordinance and add Section 209.8 to the City Zoning Ordinance pertaining to permanent cosmetic tattooing. City of Virginia Beach-An ordinance to amend Sections 201 and 206 of the City Zoning Ordinance pertaining to the placement of Stormwater Facilities. 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 https://virginiabeach.gov/pc.For information call 757-385-4621. 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 TOO service.The meeting will be broadcast on cable TV,httpsV/virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-MAY 7,2024&MAY 14,2024-1 TIME EACH o Lj o R1�0 L d �o ,a R'10 Ak a "R°a Broad .ova 5 o R10 N ® site Carl R. Ellis, Jr W-*. ,E C Property Polygons 2620 Broad Bay Road Zoning s Building Feet 02040 80 120 160 200 240 SYKES, ROURDON, ERN & LEVY, P.C. 4429 BONNEY ROAD ATTORNEYS AND COUNSELORS AT LAW SUITE 500 R. EDWARD OU DON JR VIRGINIA BEACH, VIRGINIA 23462 JAMES T. CROMWELL ASHLEY M. EICK TELEPHONE: 757-499-8971 L. STEVEN EMMERT FACSIMILE: 757-456-5445 May 9, 2024 M MOLRY RA KRETT ISER KIRK B. LEVY MICHAEL J. LEVY' Email:amccorkle,dsykesbourdon.com HOWARD R. SYKES.JR. DAVID M. ZOBEL Via Email -AdffwAed in viruw a wd Wnhirgtm DC The Honorable Mayor Robert Dyer Vice Mayor Rosemary Wilson Honorable Members of City Council c/o Amanda Barnes, City Clerk Office of the City Clerk City Hall Building#1, Room 281 Municipal Center Virginia Beach, Virginia 23456 Re: Subdivision Variance Application for Dr. Carl R. Ellis, Jr. at 2620 Broad Bay Road, GPIN: 1499-68-8214-0000;Accela Case No.:2022-PCCC-0013;Scheduled to be heard by the Virginia Beach City Council on Tuesday,May 21,2024 Dear Honorable Mayor Dyer, Vice Mayor Wilson and Honorable Members of City Council: On behalf of my client, I am respectfully requesting a second and final deferral of this application to City Council's June 1811 Public Hearing for the purpose of continuing to explore a couple of opportunities to enhance the safety of Broad Bay Road at the curve created at the shared boundary between the adjoining Subdivision Plats of Broad Bay Point (platted in 1949) and Broad Bay Colony (platted in 1952) which predated the adoption by Princess Anne County of its initial Subdivision and Zoning Ordinances in 1954. The District Councilman Chris Taylor is aware of this dialogue and effort which has necessitated some additional survey work that Dr. Ellis has agreed to undertake. The need for a little additional time is a consequence of the additional survey work, which I am confident will yield improvement in the safety of this curve in Broad Bay Point Road. This request for an additional deferral to June 18`h and its purpose has been communicated to the community. ®SYK£S, BOURDON, AHERN&LPVY.P.0 The Honorable Mayor Robert Dyer Vice Mayor Rosemary Wilson Honorable Members of City Council May 9, 2024 21 Page With best regards, I am Very truly yours, VEdw: —�7 d Bourdon, Jr. REBjr/arhm cc: B.Kay Wilson,Deputy City Attorney Marchelle Coleman,Department of Planning Dr.Carl R.Ellis,Jr. David R.Butler,Gallup Surveyors&Engineers,Ltd. H:\AM\—Subdivision Variance\-Ellis\Dyer_Ltr 5-09-2024.docx l s l r 4 rd lu T s� 4-, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CARL R. ELLIS, JR. [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) for the property located at 2620 Broad Bay Road (GPIN 1499688214). COUNCIL DISTRICT 8 MEETING DATE: May 21, 2024 (Deferred on April 16, 2024) The applicant is requesting a deferral of this application to the June 18, 2024 City Council public hearing. ■ Background: The existing lot was created by deed in 1952, prior to the adoption of the City's Subdivision Regulations. Lot 8 is currently developed with a single-family dwelling. The applicant seeks to subdivide the lot into two single-family dwelling lots. A Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations is needed as the two proposed lots will not meet the lot width requirement of 80 feet, measured at the 30-foot front yard setback. Proposed Lot 8A is deficient by 0.97 feet and proposed Lot 8B is deficient by 1.49 feet. Except for the lot width, the proposed lots meet all the dimensional standards for property zoned R-10 Residential District. Since the Subdivision Regulations require a 50-foot right-of- way width and the current right-of-way width on this portion of Broad Bay Road is 40 feet, the applicant is proposing a 5-foot right-of-way reservation, which will be dedicated prior to the development of these lots. The proposed home styles provide high quality and attractive buildings that will be compatible with the variety of housing sizes and styles in this area. At the April 16, 2024, City Council hearing, the applicant's representative requested a 30-day deferral to allow additional time to meet with those in the surrounding neighborhoods in opposition to the request to attempt to address their concerns related to the variance request. ■ Considerations: Section 9.3 of the Subdivision Regulations provide criteria for which City Council may grant Subdivision Variance requests. The Planning Commission concurred with Staff's recommendation of the approval of this request. The applicant has agreed to Condition 3 that the dedication for the road width will occur after the plat is recorded and prior to any development of the lots. Carl R. Ellis, Jr. Page 2 of 3 Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Seven (7) letters of support and thirty (30) letters of opposition were received for this application. Three (3) speakers were in attendance at the Planning Commission hearing and expressed concerns that the new homes will change the look and feel of the neighborhood, decrease property values, and affect the privacy of surrounding neighbors. ■ Recommendation: On March 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 2. 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY," prepared by Gallup Surveyors & Engineers, dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance, size, colors, and materials to the elevations entitled " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8A", prepared by Fentress Home Design, dated 7/11/2022, " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 813", prepared by Fentress Home Design, dated 7/11/2022, and renderings entitled "ELLIS — LOT 8A— 1-17-2024" and "ELLIS — LOT 8B — 1-17-2024", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum 50 feet wide. Said reservation for future dedication shall be a minimum of five (5) feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (7) Letter(s) of Opposition (30) Deferral Request Carl R. Ellis, Jr. Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager/.1 *19 Applicant& Property owner Carl R. Ellis, Jr. Agenda Item Planning'VB City Commission Public1 Council Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) to Staff Recommendation 9 A dQ , Approval m N ° -a o C o. Spindrift Road Staff Planner `y ha enD ° des,°°�°aa Marchelle Coleman aid Y � �o g`Oaa Z ........ m Q � Rio Location x A Q 0 oa 2620 Broad Bay Road a GPIN a 1499688214 Site Size .°$ " Thomas gig OP�� 26,681 square feet ilk 7 AICUZ J Less than 65 dB DNLe� Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential SurroundingLand Uses and Zoning Districts A F A g . ,., " • a. ``` *. . North * .2 Single-family dwelling/ R-10 Residential South Broad Bay Road ° Single-family dwelling/ R-10 Residential East Single-family dwelling/ R-10 Residential ..rt `. �gTS West •� ��a ��'�""�'�" �&�C' Single-family dwelling/ R-10 Residential VX ri , { �' ;`*'00 a ' Carl R. Ellis, Jr. Agenda Item 10 Page 1 Background SummaryofProposal • The subject lot is zoned R-10 Residential District and is currently developed with a single-family dwelling.The lot was established by plat in March 1952 (M.B. 29, PG.48), prior to the adoption of the City's Subdivision and Zoning Ordinances. • The applicant seeks to subdivide the property to create two residential lots. While both lots would meet the 10,000 square foot minimum lot area requirement,the lots will not meet the lot width requirement of 80 feet measured at the 30-foot front yard setback.Therefore, a variance to Section 4.4(b) of the Subdivision Regulations is required. • As shown below,the proposed lots, Lots 8A and 86, meet the dimensional standards for properties in the R-10 Residential District, except for the minimum lot width requirement. ProposedRequired ... Minimum Minimum Street Line Street Line Minimum Proposed Propo • • - R-10 (square feet) (feet) (feet) (feet) (feet) (square feet) Lot 8A 80 79.03* 64 85.02 10,000 12,757 Lot 86 80 78.51* 64 84.77 10,000 10,924 *Variance Requested D C::D ,�] Zoning History �o� # Request l`ty , �S� o� i SVR(Creation of new lots without direct access to public street)Approved 01/22/2002 � �► 2 SVR(Lot width reduction)Approved 05/13/1997 o� �' 3 SVR(Creation of new lots without direct access to public street)Approved 01/28/1997 4 �V` Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—ConditionalRezoning NON—Nonconforming Use ALT—AlternativeCompliance STIR—Short Term Rental Evaluation • • • Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. Carl R. Ellis,Jr. Agenda Item 10 Page 2 C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The request to address the reduction in lot width for Lots 8A and 8B is, in Staffs opinion, acceptable. Staff believes the proposed lots will not be out of character with the surrounding area and finds the variance request to be compliant with the conditions of Section 9.3 and consistent with the Comprehensive Plan's vision for the Suburban Area. Development within this area focuses on creating and maintaining great neighborhoods.Achieving this goal reflects on the ability for developments to maintain and enhance the existing neighborhood, to be compatible with surroundings, and provide quality and attractive buildings with effective buffering and livability. Staff finds the proposed buildings to be high quality and attractive. Condition 2 is recommended to ensure that the design and exterior building materials shown are developed in substantial conformance to the elevations, as conditioned. As stated previously, it is the intent of the applicant to subdivide the 23,681 square foot site into two lots for the development of two single-family dwellings,which requires a variance to the lot width requirement of 80 feet. Proposed Lots 8A and 8B meet all the dimensional requirements of the Zoning Ordinance for the R-10 Residential District, except for the lot width requirement, both of which are just shy of the required 80 feet. Section 4.1 (m) of the Subdivision Regulations, requires a 50-foot right-of-way width; however, the existing right-of-way is currently 40-feet wide, as originally platted in MB 29, PG 48. The applicant has agreed to provide a five-foot right-of-way reservation, as noted in Condition 3. The applicant is agreeable to this condition that the reservation for the road width will occur and 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. Based on these considerations,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning& Community Development prior to the recordation,which shall be in substantial conformance to the submitted exhibit entitled "PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY," prepared by Gallup Surveyors& Engineers, dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance, size, colors, and materials to the elevations entitled " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8A", prepared by Fentress Home Design, dated 7/11/2022, " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 813", prepared by Fentress Home Design, dated 7/11/2022, and renderings entitled "ELLIS—LOT 8A—1-17-2024" and "ELLIS—LOT 8B—1-17-2024", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum 50 feet wide. Said reservation for future dedication shall be a minimum of five (5)feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. Carl R. Ellis,Jr. Agenda Item 10 Page 3 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. 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. ResourcesNatural & Cultural • This site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Broad Bay Road No Data Available 1 No Data Available 1 Existing Land Use 3-10 ADT Proposed Land Use —20 ADT 'Average Daily Trips gas defined by one single-family 3as defined by two single-family dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Broad Bay Road is a two-lane residential street. No CIP projects are planned for this area. Public Utility Impacts Water Each proposed parcel must connect to City water with a separate and exclusive water service line and meter.The existing water service line may be reused or must be abandoned.There is an existing 12-inch City water main along Broad Bay Road. Sewer Each proposed parcel must connect to City sanitary sewer with a separate and exclusive sanitary sewer lateral and cleanout.The existing sanitary sewer lateral may be reused.There is an existing 10-inch City sanitary sewer gravity main and a 6-inch City sanitary sewer force main along Broad Bay Road. Carl R. Ellis,Jr. Agenda Item 10 Page 4 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners. 8 letters of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2024 and March 6, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.VirginiaBeach.gov/pc on March 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 2024. • 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 May 6, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on May 17, 2024. Carl R. Ellis,Jr. Agenda Item 10 Page 5 NOWORFORMERLY W NO OR FORMERLY , ANNA S MELICHAREK JON R.FLCYD • LIVING TRUST IN 2p2P9120p9 Nuo I.N.202tO30e W a LOT 7.BROAD BAY COLONY LOT 10,BROADPG COLONY -GP IN - N.B.1189-6A6129.PG.48 14 GPIN:1499 Wi TT p ' 1\ N Bg10'01'E 11137' / ti+� •')``. �• NOW OR FORMERLY •t'1 �} I'ra" DAVID A.DUBINSKY 8 CAROL E.DUBINSKY "C FLOOD ZONE AE / 1'' (RASE 7 FEET) ` - SITE ... I.N.2IL E.900BINS0 O - - LOT B.SUBDIVISION OF LOT 24. i NO'NOR FORMERLY - RIDGE ENO RO - .. BROAD BAY POINT $c DENNIS JAMES JANUCHOWSKI& M.0.47,P0.23 m GPIN HALLE MCCLELLAND JANUCHOWSKI :t4s&9982n u g N.2021000M006 SITE DATA: I. OWNER: CARL2620 RICHARBROAD ELDS,JR. F / — LOT/IA,SUBDIVISION BA SION OF LOT 11, 2820 IA BEACH, BAY ROAD xts \ BROAD BAY COLONY (757)3 BEACH,VIRGINIA 23451 ROOD ZONE% M.B.4"PG.t (757)319-1882 � GPIN.1410-0Fi219 crfckelllepeychOgmoO.com LOCATION MAP SCALE: 1•-2,000' 2. GPIN: 1499-58-8214 / 1�Y8R 1. ZONED:R-10 F.Y"y262° FRONT SETBACK: 30 FEET / S10E SETBACK: 10 FEET REM SETBACK. 20 FEET MINIMUM LOT AREA: 10.000 Sr MINIMU LOT WIDTH: 80 FEET STREET LINE FRONTAGE: 64 FEET ALLOWABLE LOT COVERAGE:30 PERCENT 4. LOT AREA: LOT 8A 12.757 10,FL 1.293 ACRES NOW OR FORMERLY Z LOT 88 10014 SO.FT. 0.251 ACRES PARKER S.JARVIS& $ 0. \ TOTAL 23,581 SO.FT. 0.544 ACRES LAURA C.CAHILL ,N1 5. THE PROPERTY POFS FALL IN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON THE I.N.20170625000730340 �� FEDERAL EMERGENCY MANAGEMENT AGENCY.NATIONAL FLOOD INSURANCE PROGRAM LOT 25;BROAD BAY POINT u S� FLOOD INSURANCE RATE MAP FOR THE CITY OF VIRGINAL BEACH.COMMUNOY PANEL NUMBER 515531-0043 G_DATED JANUARY 16,2015.THE PROPERTY FALLS IN M B.22.PG.TO yI GPM'"we"191 �OQ I FLOOD ZONES%$AE(EL=7.0). Q� Z I ''1� 1� 0 6. TANS SITE LIES WITHIN AIRCRAFT ACCIDENT POTENTMl ZONE_N/A AND/OR NOISE `1 a �' ZONE(S)<65�AND MAY BE SUBJECT TO MRCRAFT ACCIDENTS AND/OR / ABOVE AVERAGE NOSE LEVELS DUE TO ITS PROXIMITY TO AIRPORT OPERATIONS. pO NOISE ATTENUATION MEASURES FOR NEW CONSTRUCTION MAY BE REWIRED IN lob ACCORDANCE WITH THE AIRPORT NOISE ATTENUATION AND SAFETY ORDINANCE AND m I +p ., \ HDGHT RESTRICTIONS HAVE BEEN IMPOSED IN ACCORDANCE WITH SECTION 202(b) � i 7 OF THE CITY ZONING ORDINANCE. OS' :� 7. THIS PUT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT g0 1 �f _og DEPICT All MATTERS AFFECTING THE PROPERTY SHORN HEREON. 1 8. THIS PUT IS A COMPILATION OF DEEDS AND SUBDMSIDN PUT OF RECORD AND / DOES NOT REPRESENT A FlELO SURVEY. CTry WATER k SEWER 5 AVAILABLE TO THE SITE. PRELIMINARY g1:LOPOgPMe�2OAPDl �~ SUBDIVISION OF MPRO%IMATF LOT 8 EDGE OF WATER BROAD BAY COLONY CPA: \`�` M 9.29,PG.b `/tFGINIA BEACH.NRGINUI SCALE: 1•=30' ARIL 13,2022 REVISED: FEBRUARY S.2024 D ArMe kMe 010 O— 30 6 90 GALLUP E'D SURVEYORS L ENONEEM l,IN FI!1'I'1 .1l T�tLON1A_POM Q I ml, "I FYN iPdN.q KAGI Nttt M,A 2N.N y1 1 OF 2 C H ,rwn.eav>wv xax,�vv••wm..ao�ea�i>¢wa u•wra.,rrse 0 7' NOWOR FORMERLY NOWGR FORMERLY ANNA S MELICHAREK JON R.FLOYD LIVING TRUST I.N.202ao13oo991we90 I.N.20210300M l LOT 1G,BROAD BAY COLONY 0T 7,BROAD BAY COLONY M.B.29,PC.M N.B.29,PG.48 GPIN.149P Wl AT p GPI N:1,4 -88- M N K m N 8S1C01'E 55.88' 55.69 NOW OR FORMERLY DAVID A.DUBINSKY 8 20's/B `FLOOD ZONE CAROLE.DUBINSKY 7 so she N I.N.201812 2 8 0 01 05 0 59 0 I m PROPOSED �&"E 7�� o p LOT B.SU BDAASION OF LOT 24. s $ LOT 88 N19 NOW OR FORMERLY BROAD 7. PDRJr $. PROPOSEDI YR, �12•X18' = DENNIS DAMESJANUCHOWSKI& GP=-2YY ' LOT 8A IVY L PORCH II �� H/LLLE MCCLELLAND JANUCHOWSKI N m 13.1T I.N.202100001008 / m 13.41' LOT 11A.SUBDIVISION OF LOT 11, \ PROPOSED BROAD BAY COLONY FLOOD ZONE X I 2_S N.B.288 PG.1 RESIDENCE GPIN:IIB&669319 8'.12' PORCH PORCH / 1 m RGN ? 1 t0A1' 10.M' m PROPOS2—STORY E X1 ,,h` j RESIDENCE 'I 'I�j I_ B' 2' S(0 2 PCRg1 NOWORFORMERLYIi DRIVEWAY \ PARKER S.JARVIS& 9 LAURA C.CAHILL I.N.20170825000730340 LOT 25,BROAD BAY POINT ^A'.5, y ��' `A M.B 22 PG.78 `�OPO GPIN:1N9-066193 p L-27.Ov CONCRETE Q m = ^ fp *00 O $w 2 8pY ° 0ROOD PRELIMINARY Ma ,9 SUBDIVISION APPRO%IMATE OF EDGE OF WATER LOT 8 BROAD BAY COLONY D COVE \� M.B.29,PG 48 � VIRGINL4 EACH.VIRGINIA SCALE:1'-30' APRIL 13,2022 3 O 30 5071e6i0 BD Q G'ALLUP S1l 7L7'7 - _ SURVEYORS S EROINEERS (IK FEET) xuJNK awe m ,w h-.N 9Y1 w�m',u+.vFcawx>tr SHEET 2 of 1 I'D Fa c 7 Proposed Building Rendering for Lot 8A �Yl- • act-.l-r .�. � +.. r I��I I� • ■J IINI � IiVIIIIIVIIII III ■ .__.... . ■ ■ mom] ■ IIUIII uIIIIIIVI�I�llllllll Proposed Building Elevation for Lot 8B k0446 z �.,. : JIM a am v - 1�1 i "am am :1: ; MEN RUN Site Photos Owl v t a+ e' � Y w b 4 ..y S trr -k ;�"r' Disclosure Disclosure Statement Cuy f VuWrm&mi; 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 Carl R.Ellis,Jr. 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?❑Yes E NO • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) R • 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. 1"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. Carl R. Ellis, Jr. Agenda Item 10 Page 11 Disclosure Disclosure Statement CL , Plmunityt 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-col late ralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated or.the property? ®Yes ❑ No • if yes,identify the financial institutions providing the service. PNC Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® 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 Carl R. Ellis,Jr. Agenda Item 10 Page 12 Disclosure Disclosure Statement C6y of V+ Wn tied* 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?K vas ❑N^ It yes,identify the coinpany and individual providing the seiVILE. Metro Associates,Inc.,Frank Stegemann 7 the innfirint hive.in Pj1Q1rfPPlIGInMVnr/iQattl in rnnnprfinn vfith the v ihip t nt the annliritinn nr any himnptt operating or to be operated on the property?®Yes ❑ No If yes,identify the firm and individual providing the service. Gallup Surveyors, -David Butler 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?IXI Yes ❑ No _ !r vrx iripn?ifv the firm anr!inrli�nriu:;l nr •z'iriin++thr-conrr-,, R.Ecward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Annl'lrnnt Clone#ttra 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 infnrmifinn nrnvidorl ha in twn w-1-rr fix fhp m Pfinp of Dlvnninp rntnmi—Inn rite cminril vgnA r'R®A Wfptlanrix RnarA or any public body or committee in connection with this application. C.Rick Ellis Print Name and Title Shi/7) Date Is the applicant also the owner of the subject property? 2 Yes ❑ No tt If vac ein not .v d to fill not tho nm�nar rii<fincnru Natamanfi •' CITY USE ONLY/ to any that pertains to the applications No ch-ot"-of ON• 4/30/2024 Slgnahne v/f� Vrnri Ndmr Marchelle L. Coleman Revised l i.09.2020 3 l Carl R. Ellis,Jr. Agenda Item 10 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 757-385-5692. • 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. Carl R. Ellis,Jr. Agenda Item 10 Page 14 Virginia Beach Planning Commission March 13, 2024, Public Meeting Agenda Item # 10 Carl R Ellis, Jr RECOMMENDED FOR APPROVAL Madam Clerk: Okay, our next agenda item is agenda item number 10, Carl R. Ellis Jr., a subdivision variance of section 4.4(b) of the subdivision regulations at 2620 Broad Bay Road in District 8. Mr. Bourdon: Madam Chair, members of the Planning Commission, Eddie Bourdon Virginia Beach attorney represent Dr. Carl Ellis Jr. who's the applicant on this case. I have given you all, provided you all a lot of handouts. I think it's extremely important that you take a moment or two to review them. I'm going to discuss them with you. But start with very simply, Ms. Ellis has owned this property for many, many years. It is a parcel that was created on the original subdivision plat of Broad Bay Colony, which I've given you a copy of. It happens to also share its western boundary with a prior subdivision, different subdivision, different development called Broad Bay Point, and at that, where the two come together, the two parcels that were developed by separate developers on separate flats, you'll notice that the road, which I've circled on that plat in orange makes an extreme immediate turn to the northeast, and not even a turn, and creates a situation that is really the contributor to the need for this one de minimis little variance. You'll note that the two lies to be created both exceed in one case by 2,750 square feet, and the other by 924 square feet, the minimum lot size. The street frontage, you will also note 85.02 feet and 84.77 feet. It is only at the setback that one is a little less than a foot short, and the other is a little less than a foot, and a half short, but the lots are well, much larger than, than the 10,000 foot requirement. The homes are very attractive. They're also will be expensive, and they're also in keeping with the redevelopment that has been occurring over decades in both Broad Bay Colony and Broad Bay Point. Staff recommendation is acceptable. The conditions are acceptable. Most importantly, this is what has been an ongoing redevelopment over many, many, many years. You will note on what I handed out to you, a lot of lots that are, outlined in yellow, and have either the 1, 2, 3 for the 3 that were the 3 subdivisions, 1 being a 3 lot, other two being 2 lot, re-subdivisions that were done from the original platted lots, and the others labeled A through G being subdivisions of existing original lots under these plats that were subdivided into two lots of which there are I believe 22. There are 22 current lots just on this little postage stamp on the composite map. That are highlighted, that were subdivisions of the original parcels as platted in in the plats that I gave you, and I've highlighted those original on those two plats as well. This is absolutely the way that the newer, more valuable homes have developed at, and not on slabs, but up, and let me hasten to answer a question that was asked this morning. This property, the only CVPA impact is on the front. Of the property, not where the houses are to be built. There's no RPA encroachment at all with these two lots. The property next door, I've labeled G, and I've provided you with the subdivision plat of that property that was done in the year 2000. That piece of property had just barely 20, 000 square feet, and two lots that were created that just barely get over the 10,000 square feet. Very, very much similar to these only smaller. No right-of-way dedication or reservation, even though the subdivision order is the same then as it is now, was required. Had it been, they wouldn't have had, 10,000 square feet per lot. The lot that's labeled one, the two lot subdivision there, there's no road frontage. That was a variance for that one. The variances on lot two, or the variance on lot two was for a 70 feet lot width, instead of a 80 feet lot with granted, and again the three, which is kind of off the side Bay Road that also was a lot frontage variance to not lot frontage, on a public street. So, the notion that this is somehow, I'm going to set some precedent, not at all. This is the type of organic redevelopment that we're blessed in the City of Virginia Beach to have. This property has been zoned R-10 since we got, since we've had zoning. It just so happens that it was platted before we had zoning or subdivision ordinance, if we'd had a zoning and a subdivision ordinance, the issue with the starting of this plat, and the road the way it begins, which creates the problem would not have occurred, but we didn't have a subdivision ordinance when these subdivisions were put to record back in the early 1950s, but the simple fact of the matter is there, of the people who, and I've given you petitions of folks who are in favor of this application, the folks who've given you opposition, 13 of those people that y'all had the map bought this morning with the stars, 13 of those are on lots that are re-subdivisions of original lots, and these roads are not 50 foot roads on Bay Island, they're narrower right of ways, and the value difference is incredible. The property adjacent that I've listed is G. It's given you the addresses, and it's got, it's got actually a picture of both of the houses. The original, before it was subdivided into two lots, the land was valued at 100,000, just the land, and the, the year after it was subdivided, each lot was worth 130,000 or 260,000. The houses on those lots today, the lots are worth 400 or assessed at $431 ,000 to $432,000 each, and the total values are $790 and $770. The lots at number two, those lots are all and the houses are all well over a million, and when the property was subdivided into three lots, the value of the whole thing was in the mid-four range. So it's organic redevelopment, and the houses that were built originally have zero stormwater. There was no stormwater ordinance for many years after these plats, even after we had zoning. So the redevelopment, as it's been occurring, at least on those lots, there is, and they will be required for quality reasons, for stormwater quality, they will have to implement BMP's for that. They're not on site holding of the water, other than to meet the quality requirements. So that's another benefit. So there will be stormwater quality benefit, by the redevelopment of this lot, just as been the case with the majority of the other ones that are noted on the exhibit I have passed out to everyone, and so just to be clear, when I read this petition, there's a lot of things in there that are just not factually accurate with the history of these properties, and these two subdivisions on the Bay Island, and these will be high quality homes that will not do anything other than. The negative is, it continues to increase in property values, and the taxes that along with it. will be happy to answer any questions? Ms. Cuellar: Thank you. Are there any questions? Mr. Mauch? Mr. Mauch: How many of the 22 previously subdivided lots are opposed to subdividing? Mr. Bourdon; There're 13, that I counted on the map, because I had all those map. There were 13 of those including Ms. Black, who subdivided lots directly adjacent to Dr. Ellis. Ms. Black tried to get Dr. Ellis to provide her with some additional land because the initial survey that she had done on her property actually indicate that she had less than 10,000 square feet. Then she had another surveyor go out and survey it to determine that she had a little more than 10,000 square feet, but Dr. Ellis knew that, you know, if he was gonna subdivide what she planned on doing he needed every inch of the width, so he couldn't give her property off of his east side, so she would have 10,000, but then, a surveyor certified that she did have 10,000, a little over 10,000, but that was without having to do any right-of-way dedication, which Dr. Ellis is able to do. Mr. Mauch: Maybe this is for staff, but with what he's provided about this being done before a President already being there? Is that the case in your eyes? Ms. Cuellar: I don't have a copy of what was provided because I wanted to make sure there was enough for the group. Mr. Mauch: You can answer that question after review. You don't have to wait. Seems like Commissioner Byler might have a question in the meantime. Ms. Cuellar: Commissioner Byler. Ms. Byler: Attorney Bourdon, you indicate if I heard correctly that there were 13 other lots of this, and they're now opposing, but in fact, they're sitting on redeveloped lots, correct? Mr. Bourdon: Thirteen of the people who sent in the form letters, they all sent in, are people who live in houses on lots that were created by dividing the original lots. Ms. Byler: Previously re-subdivided. So are all 13 of those lots that did not meet the minimum 80 foot width requirement? Mr. Bourdon: No, I didn't suggest that. I didn't suggest that. It's a character of the neighborhood argument, and that they'll devalue, that there'll be cheap lots, that those, that are set forth, but there are three just in this area. There are others, there are others on Bay Island. These aren't the only three that were approved, these subdivisions that were approved with variances either. There are other, this, I just used this --just this little subset. There are plenty more. I didn't do the whole, you know, the whole Bay Island. This was sufficient to show that it's, it's in character with and it's, again, it, these lots, you know, these two lots are well over 10,000 square feet versus, and that's with giving the city a right-of-way, you know, dedication, which couldn't be done next door. They wouldn't have had -- they wouldn't have had 10,000 square feet, and these are lot. Ms. Byler: Right. So they're in excess of the square footage requirement, but they still do not meet the 80 feet width requirement. Mr. Bourdon: Don't meet the 80 feet width at the 30 feet setback. Ms. Byler: I just wanted to make sure we weren't--that we were comparing different items because they're not the same. Those 13 who objected. Mr. Bourdon: People are free to object. I'm no one suggesting, that I didn't say they couldn't object. I simply said that the basis for their objections stated in their form letter isn't accurate. These aren't cheap lots. It's not changing the character of the neighborhood. They're -- it's been going on in this neighborhood for decades, and will continue to. Ms. Byler: It's just that these lots don't meet the 80 feet required minimum. That's the distinction. Some have been approved with variances because they don't meet street frontage or lot width. Not just these three that are shown in, that the city has noted in that area, there are others on the island that are in the same. Whether or not anyone, and I didn't look. I mean, it's possible. I don't recall trying to make the determination, I was looking in there, and you had the red stars up there, but actually, I do think that I am pretty sure, one of them, but I had to look at the map with the red stars with the one they got the 70 foot, the lot, not the person objecting, that has the lot with the 70 feet frontage instead on the opposite side of Broad Bay Road. Ms. Cuellar: Any other questions? Madam clerk, do we have any speakers on this item? Madam Clerk: Yes, ma'am, we have Stacy Lawler, followed by Robert Lawler. Mr. Lawler: Good afternoon Planning Commission. My name is Rob Lawler. I'm a homeowner at 2032 Long Creek Road in Bay Island. I live within 500 feet of the proposed variance request to allow for the subdivision of a lot at 2620 Broad Bay Road to build two homes. I am here to strongly oppose the subdivision and variance requests. I believe, and my neighbors believe, this request sets an incredibly poor precedent for all planned neighborhoods in Virginia Beach. All zoning laws are enacted for a purpose, and this is especially true, for residential neighborhoods. When these laws are not protected, it compromises the reason people purchase and invest in their communities. The existing lot minimums are in place for a reason. When you start compromising with variance, especially when it's significant, it's building two homes on a lot zone for one, you put the integrity of all neighborhoods on a slippery slope. It is very important to note, 30 neighbors within 500 feet of 2620 Broad Bay Island are very much opposed to this variance request. Conversely, there is one residence within 500 feet in favor. Simple math, 30 against, 1 in favor. All viewers sent copies. A Form Letter that was personally signed, read, and commented on by the 30 people post this variance request. These letters were mailed to Marchelle Coleman, Planning Development City Planner, Virginia Beach on March 7th. Ms. Coleman said she would forward these letters to the Planning Commission, and City Council for review prior to this meeting. I'm assuming you all had a chance to review them. A few, or in this case, the one, should not take precedence over the vast majority of neighbors near the property who opposed this variance request. It's a simple argument. The laws are the laws. Zoning laws are in place for a reason, and I'm asking, on behalf of myself, and the 30 people opposed to this variance, to simply maintain the integrity of the established zoning laws in place. Thank you for your time. Ms. Cuellar: Thank you very much. Madam Clerk: Beth Dubinsky, and Dennis will follow Beth. Ms. Dubinsky: Hello, my name is Beth Dubinsky, and I live at -- my husband and I own 2030 Long Creek Road, and it is adjacent to 2620 Broad Bay Road. The handout that I'm giving, Mr. Ellis Rick's house is in the middle. The Jarvis's house is next to the White House, and then my house is the one that's pinned, so the majority of my backyard butts up next to Rick's backyard. Both my husband and I, we strongly oppose this request for the zoning variance to subdivide the property. I've only been on Long Creek Road since about 2016, and we were drawn to the property because of the charm of the neighborhood, and the privacy of the backyard. I respectfully disagree that the way of the neighborhood is keeping those, you know, half acre lot, people are bulldozing and building new, which is exactly what my husband and I did. We moved into a house that was built in 62, bought it from the children of the original owner, and much to our surprise, the none of the wiring, and the plumbing was up to code, so we had to do something. We didn't even think to subdivide our lot. We wanted to keep the integrity of the neighborhood and our privacy. I think it is an expectation that when you buy a piece of property in an established neighborhood such as Bay Island, that the property lines that have been there for decades will remain the same. Our backyard, like I said, does directly face Mr. Ellis's backyard and the proposal that he has to put the houses on there is going to, this two story house is going to directly overlook our backyard, and I know that some houses are like that, and that they buy, you know, but that's not the piece of property that we bought, and there's no guarantee how far back on the property he's going to go. I know in the letter that he sent to, you know, walked around the neighborhood, he said that he was going to set the houses as far back as he could on the property, that's going to be right up to my backyard. I would also like to point out that six of the seven letters in support of the variance request live quite far away our pieces of property. There, you know, some of them are almost a mile away, and that's not gonna affect their daily life and their property. When they go out and sit in their backyard, they're not gonna worry, you know, someone staring down at them. That's about all I have to say, and I just appreciate the time today to speak and have you listen to my thoughts on this issue. Ms. Cuellar: Thank you very much for being with us. Any questions? Madam Clerk: Our last speaker is Dennis Janikowski. Mr. Janikowski: Good afternoon. I'm Dennis Janikowski. Thank you for hearing my perspective today. I am one of the people that is on the next door. I live next door to Rick Ellis. I'm on the subdivided lot that Ms. Black separated years ago. Interestingly, on our size of our lot, there's no windows on the side that were so close to Barbara Black, but on the side of the house facing Rick Ellis, we've got bedroom windows, kitchen windows, living room windows. So part of our personal concern is for our privacy. I have passed out a few things that are maybe also discuss what the lawyer had brought up. For one, think when you, we bought on the island because when you drive around there, it has character. There's one road in, one road out. The Planning Commission details did not discuss traffic, but the city's been studying traffic and speeding on the island for the last 20 years, and it's a problem. They're about to put in eight speed tables in our neighborhood. So more density in our neighborhood is not super desirable to a lot of people. That's why I think we focused, we went around and with the "Form Letter" and asked the neighbors, the only neighbors within 500 feet. We didn't go out to friends and family that are somewhere else in the neighborhood, and 30 people said that they were opposed to this. They did not want increased density. They did not support the idea of dividing lots. So one of those handouts has just probably the same thing your stars had, but it was reflecting how many people within 500 feet that answered the door because not everybody, the other people didn't oppose only one person. There were two people who opposed, one of them changed their mind, and rather supported. One changed their mind and opposed later on. When it comes to the division of plats that the lawyer brought up, that may be true, or I believe it's true, but I don't know when that happened, but if you drive around the island today, you will see that there are certain homes that it looks like, yep, that's a split lot. One of those handouts that's in there is, I think it's 2000 White Hill Road, and 2029 Hackberry. That's an example of a typical what people are doing when they split the lots. When we moved into the island in 2003, we've been there 24 years. In 2001, we were told there were 384 homes on the island. I've heard recently that there's 410. 1 can't verify that, but it does say that there has been some precedent for splitting homes. What you normally see when people split homes is they split it with a pretty big nicer home, or they knock down a ranch, and they put a pretty big nice home on that ranch. One of those drawings, I think the context if you just look at the plat that he's suggesting or wants to build on, it doesn't consider the lots that are next door or nearby. So I ask a CAD expert to draw that. I wanted to see what my land and my house looks like right next to his, in part to understand the privacy implications, the flooding implications, what we might have to do to put up landscaping. So we're not looking into their yard, et cetera. Part of what we see in that drawing is a place in our yard. We're like the low part of the saucer bowl. Where we have flooding is kind of right up close to where his house is. So, if they raise the land or if water is not dripping through the way that it does today, we risk increased flooding to our piece of land. I know we're going to have to put in landscaping and suffer costs if we need to, add to the privacy that we have today. So those are personal impacts. Most of what I've been thinking about over the last weeks, and as I talked to all the neighbors was the precedent to the neighborhood. One that drawing that has my house, and the two of his, you will see at least from a Square footage of the footprint of the property. Ours is like 22,00 square feet, and the property adjacent to us would be 1 ,530 square feet. So that's about 70%. That's also 70% of what he has on the property today. So, it's not putting a nice big house in there, like is the precedent that I'm used to seeing on the island. Thank you very much. Ms. Cuellar: Thank you very much for being here. Excuse me, we have a question. Commissioner Plumlee. Mr. Plumlee: Do you know if there's any private covenant restricting these lots from subdivision or to a one-single family home? Mr. Janikowski: I don't know if I said in my intro, but I'm an IT guy who happens to live next door, and cares about our neighborhood, and I don't know about that. Mr. Plumlee: But with regards to your title when you bought your house, you don't recall there being a covenant saying this is restricted to one dwelling on this one lot? Mr. Janikowski: No, but I mean, our yard so there was commentary about 20,000 square feet that got divided into two pieces and, both being, I guess, just barely above 10,000. We think rules are rules, and if it's 10,000, it's a good enough, if the minimum wasn't good enough, it wouldn't be the minimum. Mr. Plumlee: So it's not subdividing, it's just simply the size of the lot. Mr. Janikowski: On our lot, I think you're asking. Mr. Plumlee: With regards to this proposal, I don't want to mistake you. You're saying, you object to it subdividing because of the size of the lot, not because of the actual subdivide, was that fair? Mr. Janikowski: We object to the division of the lot because it's not meeting the code. There's no homeowner's association to enforce what is supposed to happen about the look and feel of our neighborhood, except for the zoning laws. He does not meet the frontage requirement. There was commentary that we don't meet the frontage requirement, but that must not have been a requirement when our house was built, so can't do anything about that. Mr. Plumlee: Understood. Ms. Cuellar: I think we needed this back. There's a little note. Madam Clerk: That was our last speaker, Madam Chairman. Ms. Cuellar: Thank you very much. Madam Clerk, did you say that was the last speaker? Okay, thank you. I'd like to open this up for discussion. Mr. Bourdon: So just to be clear, there is no, there are no deed restrictions that restrict the division of lots in either of these two original neighborhoods, and these homes that are proposed will meet all setback requirements, and they don't exceed or even get to the height limit. The issue or the concern about, somebody being to look into your backyard that exists everywhere, and there's again, there's nothing non-conforming about these two lots, other than the width at the 30 feet setback, which is caused by the way the road was platted, which is a hardship, and it's unique to this piece of property. These issues sometimes, unfortunately, turn into popularity contests, but land use isn't a popularity contest. The fact that Dr. Ellis is not building a super large house, is then used as an objection. I don't quite get that. He could have built a bigger house, and have more rooms looking across the fence, or whatever the case may be, but the orientation, and the gentleman who spoke his, where he lives was one of the last that was subdivided. I don't believe, and I didn't assert that it didn't meet the lot square footage, nor the lot width from my, from what I understand. It's one on the opposite side of the street from him that that's the case, and didn't have the frontage on the street. There's been a varying interpretation over the years as to whether these streets, the side streets or public streets or not, and that's one of the reasons why there are a whole lot of variances on the island that aren't just shown here, because they, for many years, were not treated as being public streets. So, you're getting variances to split lots that didn't even have frontage on a public street, because the City didn't maintain them because they were way below the required width the street. That's not the case with this application at all, and as is demonstrated this issue that it's somehow going to be, you know, other than privacy, which isn't something that land use doesn't give you the right to restrict, what someone else can do on their property that might look into or be able to see whether they're looking or not, is irrelevant into your backyard. So, staffs recommendation is consistent with the development pattern that has taken place here. The variance is de minimis, and it will have no impact on the location of the dwellings on either lot at all, and again, the lots aren't being overbuilt at all, and there is no CVPA impact at all. Happy to answer any questions Ms. Cuellar: Commissioner Mauch? Mr. Mauch: I just wanted to get clarification on what he had said earlier, and I think y'all have had some time to research. What were the, was what he said, have there been multiple variances in this similar fashion? Ms. Gordon: Yes, there have been. We've looked just within about a 500 foot radius across the street on Broad Bay is the variance we spoke about this morning that has seven foot. There were three lots, and there was a seven foot deficiency, then there are other lots, maybe four more or four applications that encompass multiple lots, that either had no frontage on a public street, they are on private streets, or they constituted a flag lot. Mr. Mauch: Were there any that had multiple variances on multiple lots or variances on multiple lots? Ms. Gordon: Yes, there are some on Hackberry, Bay Road. As Mr. Bourdon mentioned some of these are private streets, so there is no frontage on a public street in those cases, and they cover multiple lots. Mr. Bourdon: I could add, we could have done this, so that one of the lots didn't need a variance and the other one did. I mean, the number, I mean, we tried to keep them so they were as absolutely close to everything as we could. That's why they're so de minimis. But, you know, that's the reason for it. Again, it's because of the strange angle of the road that we have this issue. Ms. Cuellar: Mr. Anderson. Mr. Anderson: Ms. Gordon, I don't think this matters too much, but I'm just curious. Is Dr. Ellis planning on living in one of these houses and selling the other? Mr. Bourdon: Yeah, yes, he is, yes, and he's in Richmond. He is testifying in a court hearing today. He wanted to be here, but, he hoped it would get settled, but it didn't get settled. But yes, that's correct. Ms. Cuellar: Thank you. Now we'll open it for discussion. Mr. Plumlee: I'll just put my thoughts in real quick. I think when it comes to the architectural character of a neighborhood, you look to the originators of the neighborhood. Typically, when there is an intent to restrict the size of the lots to one home, you'll find a private covenant even going back to the 40's and 50's before there was a City of Virginia Beach. Then the city overlays its policy of keeping the architectural character of a neighborhood. I've been through Broad Bay Island many times, and I've seen it, I think what is really unique about it is that it doesn't have a uniform character. There is not monotony in the design, and I don't find it offensive to subdivide this lot, to accommodate these, and make the small variance. There have been plenty of variances, so when we talk about precedence, I ask, what did the people who develop this neighborhood intend? It doesn't appear as though they intended to restrict these from being subdivided or they would have made -- many neighborhoods in Virginia Beach, have private covenants restricting the subdivision. There was a famous case Judge Morgan, who's now deceased, took all the way to the Supreme Court of Virginia trying to subdivide his lot in Bay Colony, but there was a private covenant on the property, and the Supreme Court upheld it, and even a federally appointed lifetime appointment couldn't overcome that straight up law. So, I would support this. Ms. Cuellar: Is there any other discussion? So I just wanted to comment, this is in my district. I find the opposition to be significant. I do think it's important that we respect our current zoning standards. So I'll be opposing this today. So, do we have a motion? Mr. Plumlee: I'll move to approve. Ms. Hippen: Second. Ms. Cuellar: So we have a motion by Commissioner Plumlee, a second by Commissioner Hippen. Is there anyone abstaining today? Madam Clerk? Madam Clerk: The vote is open. By a vote of 8 to 2, item number 10 has been recommended for approval. AYE 8 NAY 2 ABS 0 ABSENT 1 Alcaraz ABSENT Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar NAY Estaris NAY Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY," prepared by Gallup Surveyors & Engineers, dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance, size, colors, and materials to the elevations entitled " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8A", prepared by Fentress Home Design, dated 7/11/2022, " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 86", prepared by Fentress Home Design, dated 7/11/2022, and renderings entitled "ELLIS — LOT 8A— 1-17-2024" and "ELLIS — LOT 8B— 1-17-2024", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum 50 feet wide. Said reservation for future dedication shall be a minimum of five (5) feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. AP SIGNATURE ADDRESS crickellispsych@gmail.com From: Rick Ellis <crickellispsych@gmail.com> Sent: Sunday,July 23, 2023 12:48 PM To: Rick Ellis Subject: Fwd: Hey Guy ---------- Forwarded message--------- From: Paul Holley<PHoIleyC«�mythics.com> Date:Tue,Jun 13, 2023, 10:00 PM Subject: Re: Hey Guy To: crickellispsych@gmail.com<crickellispsvch Rmail.com> I love the idea. If there is room why not do it. Two brand new homes will only increase the value of others around the island and I think it would look great. Sorry I don't use the Fb messenger a lot but email and text is easiest or cell sir Thanks! Executive Director D. Paul Holley 7573740275 On Jun 13, 2023, at 9:17 PM, crickelIispsycht7a gma!l.corn wrote: CAUTION: External email message. Look carefully at the sender's email address before clicking links, opening attachments or sharing information. .......................................................................................................................................................................... : B ro, I tried to contact you on FB. You are the first person I am sending this to. Any feedback before I send it to people I know? 1 Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. PRINT NAME SIGNATURE " 27i7 4 ADDRESS Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. PRINT NAME SIGNATURE ADDRESS Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. PRINT NAME SIGNATURE ADDRESS Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. PRINT NAME SIGNATURE sae 414/,ate, ADDRESS Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. /1/1 ,� PRINT NAME SIGNATURE ADDRESS July 8, 2023 To: Virginia Beach City Council From: Richard Morris— Resident of Broad Bay Island for 47 years and Past President of the Broad Bay Island Civic League Please know that I've known Rick Ellis and his family for almost as long as I've lived on Broad Bay Island. I've supported his request for a variance for all the reasons he's presented, and I hope you will too. If anyone from council would like to speak with me or have me appear before the council I will be happy to do so. Thank you, By, Richard B Morris 2012 Blueberry Road Virginia Beach, Va. 23451 Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print NamePnop- Address Date Comments t l Re .I ;� . b .�► ks . _J � '\sue e s. Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots &. smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print NameE1.4A n Addresses9J 1 QroQ�1 :P>av RA Vj�j ,'� 6e" ✓X 234aS'1 Date_LZJQ6ct.. 2.D24- Comments — Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently -410 homes on Broad Bay Island. Sincerely, Signature Print Name Address C9_6�3 1 Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Address �2 Date Comments aA a k Q Va5JIVS Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Address Date Comments Plon ��0 . Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name S}1 j 7 Address Z.Wb o S<, V of eaC h v.A- Date_ 3 �3 `1.� Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-l 0) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature own Print Name sd Address ; Lvd Date.) Comments /j/� Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature c �— Print Name Address C n Date Comments t Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently -410 homes on Broad Bay Island. Sincerely, Signature 'L Print Name 6 k Address Lt>N 6, CK Date 3- - Z :s Z Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Address Date 3 2�2 Comments ,TY c � 7 tiQ,P.t�iO�JSA �/s?rvta"•o,� e,4-4 Oar/ Gk 7h� 69SF (2614 Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently -410 homes on Broad Bay Island. Sincerely, Signature Print Name th�S w��; }�.►� Address_Db kpd bit, M V 4 Date av Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, �n Signature atwk Print Name Plante M. i�vik 8w i- Address Raj & ar 93�S f Date ?- Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature ' t Print Name 1'1;Cj 1,C4 Address juEltl Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name (/0 Address 1,4 Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently ---410 homes on Broad Bay Island. Sincerely, Signature Print Name Address Date Comments Alli e_ -'7- 1 Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of2620 Broad Bay Road, I strongly oppose any subdivision&variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed 1 for over 60 years. 3. Our existing lot minimums(R-10)were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased(in part)because of existing zoning laws and neighborhood"feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby(tome values by introducing lower-cost lots& smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors'privacy and views. I 6. If allowed,additional homes in the neighborhood would require additional support infrastructure.Our planned neighborhood was not designed to support the potential increase. There are currently•-410 homes on Broad Bay Island. Sincerely. Signature ' Print Name L✓i� t , ((,�. E Address C Cr �� •^ L`� Date .� Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: I. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently -410 homes on Broad Bay Island. Sincerely, Signature Anwtz� --m-0 Print Name 2�_ Q.. tr 'tu.K' Address 1, 1` �cr.V� �. K"' Date A —c11.01_ea 406Z. Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. if allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, S ignatu Print Nam OY�YZ(1� Address (2- j r\ C t jop, Dat Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature �✓' �—�� Print Name a4/k Address.:Z0 3�) Date Q I a6) 1 A Comments Lo� s, Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently --410 homes on Broad Bay Island. Sincerely, Signature Print Name U.f'la Address 6 r v Date '_q alo Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, r Signature s , 4--o— Print Nam Address 1170 v ,h 1A _ A 4(/,s j Date ,�2 Za?& Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Address 2,-0 )),._ Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature ' Print Name Address 72 65' Ao�1 Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1 . This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name 32eg22!'V (1j:;1A)5k_Y Address :7_6 3 a i G JZd t isgeecH 11A_ Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Nam Ah Address 2(,ocr Date ! Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, , Signature W, Jet . Print Name / Address vo -e (14A d Date !— 2 oz Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name� M�,n.a-(��, Address U32 Date 3/yJ2y Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature r-- Print Name Z J on Flay Addr�', "?vZA A6SAn.,N Date o Comments N/� Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Cc ' iaAl Print Name j ��CI Address 2 Date Comments �1 N R10 R10 �D �p R10 �D R10 � R10 P1 N ® Site w. Property Polygons 617 Vanderbilt, LLC s Zoning 901 Vanderbilt Avenue Building Feet 0 510 20 30 40 50 60 ifi Tt �u S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of 617 Vanderbilt, LLC for the Closure of One- half of an Unnamed, Unimproved Alley Adjacent to the Rear of 901 Vanderbilt Avenue in Croatan MEETING DATE: May 21 , 2024 ■ Background: 617 Vanderbilt, LLC, a Virginia limited liability company (the "Applicant"), requested the closure of approximately 375 square feet of an unnamed, unimproved alley (the "Right-of-Way") adjacent to the rear of its property located at 901 Vanderbilt Avenue (GPIN 2426-37-7356), for the purpose of incorporating the closed area into its adjoining property. ■ Considerations: This street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been approved within the Croatan neighborhood. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the request. ■ Recommendation: On April 10, 2024, the Planning Commission passed a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council, with the following conditions: 1 . The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. It has been determined that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to the final street closure 617 Vanderbilt, LLC Page 2of2 approval. Said plat must include the dedication of a 5-foot-wide public drainage easement within the area for closure to the City of Virginia Beach, subject to approval of the Department of Public Works and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not fulfilled and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of-Way, this approval shall be considered null and void. ■ Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:ew 1 ORDINANCE APPROVING APPLICATION OF 2 617 VANDERBILT, LLC FOR THE CLOSURE OF 3 ONE-HALF OF AN UNNAMED, UNIMPROVED 4 ALLEY ADJACENT TO THE REAR OF 901 5 VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, 617 Vanderbilt, LLC, a Virginia limited liability company (the 8 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the 9 hereinafter described portion of an unnamed, unimproved right-of-way discontinued, 10 closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "7.5' OF ALLEY TO BE CLOSED" and shown 28 as the hatched area on that certain street closure exhibit 29 entitled: "STREET CLOSURE EXHIBIT FOR 617 30 VANDERBILT, LLC LOT D2 (M.B. 24, PG. 37) VIRGINIA 31 BEACH, VA", dated January 2, 2023, prepared by MAS-LD, 32 a copy of which is attached hereto as Exhibit A. 33 34 SECTION 11 35 36 The following conditions must be met on or before one (1) year from City 37 Council's adoption of this ordinance: 38 39 1. The City Attorney's Office will make the final determination regarding 40 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 41 Beach shall be determined according to the "Policy Regarding Purchase of City's 42 Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the 43 44 No GPIN assigned (City Right-of-Way) 45 Adjacent to GPIN: 2426-37-7356 46 policy are available in the Planning Department. It has been determined that the 47 purchase price to be paid to the City shall be $3,000, which is consistent with similar 48 street closures in this area. 49 50 2. The Applicant shall resubdivide the property and vacate internal lot lines to 51 incorporate the closed area into the adjoining parcel. The resubdivision plat must be 52 submitted and approved for recordation prior to the final street closure approval. Said 53 plat must include the dedication of a 5-foot-wide public drainage easement within the 54 area for closure to the City of Virginia Beach, subject to approval of the Department of 55 Public Works and the City Attorney's Office, which easement shall include a right of 56 reasonable ingress and egress. 57 58 3. The Applicant shall verify that no private utilities exist within the Right-of- 59 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 60 company shall be provided. 61 62 4. Closure of the Right-of-Way shall be contingent upon compliance with the 63 above stated conditions within 365 days of approval by City Council. If the conditions 64 noted above are not fulfilled and the final plat is not approved for recordation within one 65 year of the City Council vote to close the Right-of-Way, this approval shall be 66 considered null and void. 67 68 SECTION III 69 70 1. If the preceding conditions are not fulfilled on or before May 20, 2025, this 71 Ordinance will be deemed null and void without further action by the City Council. 72 73 2. If all conditions are met on or before May 20, 2025, the date of final 74 closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if 78 any, that may be requested to convey such interest, provided said documents are 79 approved by the City Attorney's Office. 80 81 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH (as "Grantor") and 617 VANDERBILT, LLC (as Grantee"). 86 87 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 88 of . 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Mew Planning Department City Attorney CA16282 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p043\00961830.doc R-1 April 30, 2024 GENERAL SURVEY MOTES: I IAA 1. THIS SURVEY WAS PRODUCED BY MID-ATLANTIC 1 — rEE SURVEYING AND LAND DESIGN, INC. FOR ALAN �E: 3467319.60 15 ALLEY D j/z-Sys�� KESSLER. (M B. 24 PG 37) SOUK Z ONE 2. THIS SURVEY WAS PRODUCED WITHOUT BENEFIT OF 18F ��y 1RF LOT DI A TITLE REPORT. ALL EASEMENTS, SERVITUDES AND N\ 12'1\2 57" If50.00" f7NN, MARK T. & CASEY T RESTRICTIONS MAY NOT BE SHOWN. lNST ,�j2021D3074162 7.5' OF ALLEY � 3. THE BOUNDARY LINES SHOWN ARE BASED ON A TO BE CLOSED I (M.B. 24 PG. 37) CURRENT FIELD BOUNDARY SURVEY. I GPIN: 24263763340000 4. THIS SURVEY IS NOT INTENDED TO SHOW ALL 1 UNDERGROUND JTILITY FEATURES. IT IS THE RESPONSIBILITY OF THE OWNER OR CONTRACTOR TC ly CONTACT MISS UTILITY BEFORE ANY EXCAVATION OR Q OTHER EARTH MOVING WORK. ^I ^ w m STREET CLOSURE EXHIBIT N/F �Io W o 2 FOR 617 VANDERBILT,LLC CAMP PENDLETON g N/F o I w N X COMMONWEALTH OF VIRGIN/A LOT D2 I a m LU LOT D2(M.B.24,PG.37) (D.B. 1484, PG. 453) 3 I 617 �ANDERBILT, LLC VIRGINIA BEACH,VA (PLAT INST. 1 INST. 120220JO18416 01/02/2023 120171127001010830) GPIN: 241685J142000O (M.B. 24 PG. 37) I GPIN.• 24263773560000 j AREA' 5,DOD S.F./0.115 AC. I z pyT H 0 MAS� D _IidAtlantic Sum eving and Land Design �f 5257 Cleveland Street,Suite 109 BM ANNE G. CAMP LL VANDERBILT AVE I Virginia Beach,VA 23462 LAC. No. 003316 I (Rag rto.w) 757-557-0888 01/02/23 I (M8. 24 PC R) � 4 NVW'VV._N1AS-LD.00M 6.0 e9 04` S 12'1257_E —_--_ 50.�0__[4E: 3467391.22 ADMLN@N AS-LD.CObi Nd SURIJ !RF (LEANING) PROJF,C'T#22108.1 DRA%V1 BY: DJK 0 20 1'-20' 40 60 Item Applicant 617 Vanderbilt, •. Planning Commission PublicApril 10, 2024 CouncilCity Oft!rt 1 Virginia Beach Request Street Closure(Portion of the unimproved 15' Alley) r CROpTgN RD Staff Recommendation goSNNo�oR y Approval y , Staff Planner ` x A m m Hoa N. Dao ¢ ,i �t G t m Location 7.5-foot by 50-foot portion of an unimproved alley adjacent to 901 Vanderbilt Avenue GPIN / Adjacent to 2426377356 tee° t Site Size ,Y� aP'"GERo 375 square feet AICUZ 65-70 dB DNL;Sub-Area 2 Watershed Atlantic Ocean 7W Existing Land Use and Zoning District Single-family dwelling/R-10 Residential x y, o A Surrounding Land Uses and Zoning Districts North Unimproved right-of-way Nc Single-family dwelling/R-10 ResidentialJik South City beach parking lot/P-1 Preservation East .t Vanderbilt Avenue .• Single-family dwelling/ R-10 Residential rt" West Single-family dwelling R-10 Residential ttit 14 7` 46*1 kJM 617 Vanderbilt, LLC Agenda Item 8 Page 1 Background SummaryofProposal • The applicant is requesting to close a portion of an unnamed and unimproved alley located between 900 Surfside Avenue and 901 Vanderbilt Avenue.As shown on the submitted street closure exhibit,the proposal includes closure of half of the 15-foot-wide alley,totaling 375 square feet, and incorporating that land into the adjacent residential lot, identified as Lot D2 of Croatan Beach. • The applicant is constructing a single-family home at 901 Vanderbilt Avenue and seeks to close this portion of the alley to install a swimming pool and privacy fence in their backyard. • The construction plan for the single-family dwelling was approved on 2022 and a BZA Variance was granted in 1995 to reduce the side yard setback to 2-feet. R10 Rio_,- c __ _._ 2 3 � , Zoning History `•, R10 5 m -4oacNeso01" # Request R1tl R10 1 STC Approved 08/17/2021 2 STC Approved 01/22/2008 R10 R10 3 STC Approved 02/28/2006 4 STC Approved 01/31/2006 - 5 STC Approved 09/23/2003 P1 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental Evaluation • • • As required by City Code, a Viewers' Meeting was held on February 21,2024,that included City Staff from the Departments of Public Works, Public Utilities, Planning&Community Development, and the Office of the City Attorney, to consider this request.The Viewers determined that the proposed closure will not result in any public inconvenience; therefore,closure of this portion of the right-of-way was deemed acceptable. Similar requests to close unimproved alleys have previously been reviewed and approved by City Council for closure of alleys within this portion of Croatan Beach.As shown on the Zoning History map above, street closure requests for adjacent properties on this block have been approved and have not resulted in any public inconvenience. Staff is recommending a condition to require a 5-foot-wide public drainage easement for this closed portion of the alley. Based on the considerations above, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. 617 Vanderbilt, LLC Agenda Item 8 Page 2 Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of a 5-foot-wide public drainage easement within the area for closure,subject to approval of the Department of Public Works and the City Attorney's Office. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not fulfilled and the final plat is not approved for recordation within one (1)year of the City Council vote to close the rights-of-way,this approval shall be considered null and void. 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. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. No significant natural or cultural resources appear to be associated with the site. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 11, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on April 4, 2024. 617 Vanderbilt, LLC Agenda Item 8 Page 3 City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 2024. • 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 May 6, 2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https:Hclerk.virginiabeach.gov/city-council on May 17, 2024. 617 Vanderbilt, LLC Agenda Item 8 Page 4 GENERAL SURVEY NOTES: A>F AWE 1. THIS SURVEY WAS PRODUCED BY MID-ATLANTIC �— 15 �, — — — ;;7t SURVEYING AND LAND DESIGN, INC. FOR ALAN E: 3467319.60 SOl/7hrz S1SIE�j KESSLER. MB. 24, PG. 37 �1E- _- (=` ;;W� t\�0 00 NIF 7� 2. THIS SURVEY WAS PRODUCED WITHOUT BENEFIT OF � �� IRF LOT DI IRF A TITLE REPORT. ALL EASEMENTS, SERVITUDES AND N 12'1257'If 50.00' RNN, MARK T. d• CASEY T. RESTRICTIONS MAY NOT BE SHOWN. INST. 1202103074162 , 3. THE BOUNDARY LINES SHOWN ARE BASED ON A O7. OF ALLEY (M TO BE CLOSED I I 8. 24 PG. 37) CURRENT FIELD BOUNDARY SURVEY. I GPIN: 24263763340000 4. THIS SURVEY IS NOT INTENDED TO SHOW ALL 1 UNDERGROUND UTIUTY FEATURES. IT IS THE RESPONSIBILITY OF THE OWNER OR CONTRACTOR TO I� CONTACT MISS UTILITY BEFORE ANY EXCAVATION OR OTHER EARTH MOVING WORK. ^I 3 o to �op•�� STREET CLOSURE EXHIBIT NIF CAMP PENDLETON I g NIF FOR 617 VANDERBILT,LLC S I N COMMOMYEALIH OF VIRGIN/A LOT D2 I US, m LOT D2(M.B.24,PG.37) (D.B. 1484, PG. 453) I^ 617 VANDERBILT, LLC 4i VIRGINIA BEACH,VA (PLAT INST. I INST. 1202203018416 01/0212023 120171127001010880) o l I o GP/N. 24168531420000 (M.B. 24 PG. 37) GP1N. 24263773560000 i AREA: 5,000 S F./0.115 AC. I a Q,J,TH p� MAS-Lp MidAtlantic Surveying 5257 Cleveland Street,Suite 109 BETH ANNE G. CAMP LL L12 NDERBILT AVE Virginia Reach,VA 23462 Lic. No. 003316 IRaw)757-557 0888 01/02/23 IR 14,P )WWW.MAS-L,D.COM C� 04 'S7_E __ 50.00_ 34 7 91.2 ADMIN@MAS-LD.COM hD SUR-4s IRF(LEANING) rn V PROJECT#22108.1 DRAWN BY:DJK 0 20 1'-20' 40 60 D aoCL m C UQ v � v cn 00 r) Proposed Development IOMM AVE (50'P1"R.01)W11011M) (ME 24,P&37) CATEGORY 1� a LANDSCAPE BUFFER � h�i h s. ••..��M. 6' FM J25 COMM* 12 N 7TI7bJ'f 10000' 10.0' PROPOSED '�• bA`,7MODEl POOL 9S LOT D? F dg 6'VINYL FENCE 8 617a PROPOSED AU 11IpALElP697,lLC Y1710.T01&16 Q i 3-STOR RESIDENCE S 2I AS 37 1 $s` 1 1.488 S.F.AT FOUMX71ON F.F.E. = IUr Awl5,0001f/0.115ACI w JOB' PROPOSED N ( :`� ° 1FM1D F1OOR BALCONY DRIVE YE ; y 168 S.F. 30.0' 10.0' F PROPOSED 6' NI" 2.2' &5'x 9.Y ROYAL PROPOSED V WIDE 11 cw P190cm SPILLOVER HOT ENMIEN BERM NORTH CSYWgVNEA M OF H!W TUB OF PROPERTY LK (DO. 14K PC. 453) 617 Vanderbilt, LLC Agenda Item 8 Page 6 Site Photos u. ` k y " ti \ A X. EW �}� "J �� •�)` •[R1 Mtn�. -; i' j Y, "• ti. s~ �w. Disclosure Disclosure Statement X ID coy""'*un"' 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 617 Vanderbilt,LLC,a Virginia limited liability compant Does the applicant have a representative? E 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?0 Yes ❑NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Members:Chester D.Rudolf,IF&Christine Warren Rudolf 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. 11 617 Vanderbilt, LLC Agenda Item 8 Page 8 Disclosure Disclosure Statement Coy ofl.*—B-rh Planning&Community a � 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 M 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. S. Is there any other pending or proposed purchaser of the subject property?❑Yes M NO • If yes,identify the purchaser and purchaser's service providers. 21 617 Vanderbilt, LLC Agenda Item 8 Page 9 Disclosure Disclosure Statement MY ofV-0W"-N Planning&Community ......_....,..,. ..... _ ,_ Development - b. 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? Z Yes ❑No • If yes,identify the company and individual providing the service. Chip Rudolf,Rudolf Construction Partners 7. Does the appllcent have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?Z Yes ❑No a If yes,Identify the firm and Individual providing the service. Beth Anne Campbell,MAS-LD S. Is the applicant recelving 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. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant SlAnature 1 certify that all of the Information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notiflcatlon 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. 617 Vanderbilt,LLC By: Applicant Signature Chester D,Rudolf,IV,Member Print Name and Title / v 2 . Date T_i Is the applicant also the owner of the subject property? Z Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. that pertains to the Ipp](tations El I No ehan�es as of Date Slanatun Print Name Revised 11.09.2020 3 P a g e 617 Vanderbilt, LLC Agenda Item 8 Page 10 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 757-385-5692. • 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. 617 Vanderbilt, LLC Agenda Item 8 Page 11 Virginia Beach Planning Commission April 4, 2024, Public Meeting Agenda Item # 8 617 Vanderbilt, LLC RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Item number 8, 617 Vanderbilt, LLC. Mr. Bourdon:Again, thank you. This Eddie Bourdon, Virginia Beach's attorney representing the applicant. I appreciate Hoa's work on this application. All four conditions as recommended in the staff report are acceptable to the applicant. Ms. Cuellar: Thank you, Mr. Bourdon. Is there any opposition to having this placed on the consent agenda? Hearing none, I have asked Commissioner Hippen to read this into the record. Ms. Hippen: The applicant is requesting to close a portion of an unnamed and unimproved alley between 900 Surfside Avenue and 901 Vanderbilt Avenue. The proposal includes closure of half of the 15-foot wide alley totaling 375 square feet. The applicant is constructing a single family home at 901 Vanderbilt Avenue, and seeks to close this portion of the alley to install a swimming pool and a privacy fence in their backyard. The construction of the single-family dwelling was approved in 2022, and a BZA variance was granted in 1995 to reduce the side yard setback to 2 feet. With staff and planning commission approval recommended, and hearing no opposition we ask that this placed on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from — Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn't record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hi en AYE Mauch AYE Parks ABSENT Plumlee AYE CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of a 5-foot-wide public drainage easement within the area for closure, subject to approval of the Department of Public Works and the City Attorney's Office. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not fulfilled and the final plat is not approved for recordation within one (1) year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. R10 �-j R O �7 R30 R10 pJ1 ` �, R�2�5 ° R10- fj � � o Q R15 R1�0 0 R�1'0 a' R%1,0 10 B�2 R15 � B20e,B2 ,- � � B2 O2 0 R15 A24 R30 N ® Site McDonald Nurseries of Virginia Beach, Inc W E Property Polygons 1144 Independence Boulevard, 4015 Mason Street, parcel directly s ® Zoning Building West of 1144 Independence Boulevard, and 4011 , 40177 4021 Mason Street Feet 0 3570 140 210 280 350 420 �u S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCDONALD NURSERIES OF VIRGINIA BEACH, INC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning, Conditional Use Permit (Bulk Storage Yard) for the property located at 1144 Independence Boulevard, 4015 Mason Street, parcel directly west of 1144 Independence Boulevard, and 4011, 4017, 4021 Mason Street (GPINs 1478577429, 1478572695, Portion of 1478575009, 1478578655, 1478577656, 1478576658). COUNCIL DISTRICT 9 MEETING DATE: May 21, 2024 ■ Background: Request by the applicant to modify the proffers associated with the 1993, 1994, & 1997 Conditional Rezoning applications approved on the eastern portions of property in order to relocate their headquarters to this site. The proffers will be modified to construct a two-story office building, storage building, greenhouse, and canopy for a proposed loading dock, as well as a Conditional Use Permit for a Bulk Storage Yard to store trucks, products, plants, and materials used for the plant nursery. An existing proffer has been retained which includes a list of specific uses and structures permitted on the site to include greenhouses, plant nurseries, garden supplies, and equipment, etc. The existing BMP on the property will be expanded onto two adjacent R-10 parcels to the north along Mason Street that are also owned by the applicant. In accordance with Section 228 of the Zoning Ordinance, the proposed Bulk Storage Yard will be entirely screened with Category VI landscaping to include a six-foot- tall privacy fence and plantings. The applicant proposed a minor change to proposed Proffer 5 following the Planning Commission hearing to state that outdoor lighting fixtures located within 250 feet of the residentially zoned properties located at the terminus of Mason Street shall be limited to a maximum height of 8-feet. As previously written, the proffer proposed to limit all outdoor lighting fixtures to a maximum height of 8-feet. The proposed changes provide protection to the adjacent residential properties while allowing greater flexibility on other portions of the property. ■ Considerations: The proposed requests are generally consistent with the Comprehensive Plan's land use policies for the Suburban Area, which recommends that development within the Suburban Area focus on creating and maintaining great neighborhoods. McDonald Nurseries of Virginia Beach, Inc Page 2 of 4 The McDonald Garden Center has been operating at this location for over four decades, connecting residents with goods and services from a locally owned nursery. In Staffs opinion, and the Planning Commission concurred, the existing use and the proposed additions to include the proposed Category VI landscape buffers provided along the northern, eastern, and southern property lines, complements the other service-oriented businesses along this corridor of Independence Boulevard. Further details pertaining to the application and Staffs evaluation are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On April 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. PROFFERS Proffer 1: The property shall be improved with the existing structure and the proposed Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' Canopy, along with both existing Landscape Screening and additional Landscape Screening buffers substantially as depicted on the "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5 and "LANDSCAPE SCREENING PLAN", sheet 4 of 5 of the "PROFFER MODIFICATION AND C.U.P. EXHIBITS FOR McDONALD GARDEN CENTER", dated 11/29/2023 prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the "Conceptual Layout" and "Landscape Screening" plans). Proffer 2: When the Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' Canopy are constructed they shall have the exterior architectural appearance and quality substantially as depicted on those exhibits titled "OFFICE/WAREHOUSE ELEVATIONS" ("NORTH", "EAST", "WEST" and "SOUTH"); "CANOPY EAST ELEVATION", "CANOPY SOUTH ELEVATION"; "SMALL GREENHOUSE EAST ELEVATION", "SMALL GREENHOUSE WEST ELEVATION", dated November 30, 2023, prepared by HBA Architecture and the "New Shed Construction For McDONALD GARDEN CENTER - BUILDING ELEVATIONS (A201)" undated, prepared by HBA Architecture which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the "Elevations"). Proffer 3: All vehicular access to and from the property shall be solely from Independence Boulevard through the existing entrance to McDonald Garden Center. McDonald Nurseries of Virginia Beach, Inc Page 3 of 4 Proffer 4: The Property shall be restricted to the following uses and structures and uses and structures which are clearly incidental to or subordinate thereto: Greenhouse and tree, shrub and plant nursery and retail sales of trees, shrubs, plants and nursery items, garden supplies, accessories, equipment, materials, and other garden center merchandise such as clothing, furniture, books, gifts, ornaments, Christmas gifts, and storage facilities and areas for the foregoing, along with offices and necessary parking therefor and for all uses on the Grantor's property. Proffer 5: The hours of operations on the Property shall be from 8:00 AM to 8:00 PM and any and all lighting on the Property shall be directed inward and shielded away from adjoining properties. Any outdoor lighting fixtures within 250 feet of the residentially zoned property at the terminus of Mason Street, which shares its platted western property line with the subject Property's easternmost property line shall be located no higher than 8 feet above the ground. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan Review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. CONDITIONS 1. When the site is redeveloped, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5, dated 11/29/2023, prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on Conceptual Landscape Plan & Landscape Screening Plan entitled "CONCEPTUAL LANDSCAPE PLAN & LANDSCAPE SCREENING PLAN — PROFFER MODIFICATION AND CUP EXHIBITS FOR MCDONALD GARDEN CENTER", sheet 4 of 5 & sheet 5 of 5, dated 11/29/2023, prepared by Kimley-Horn which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The outdoor storage materials shall not be stacked higher than the privacy fence. 4. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. McDonald Nurseries of Virginia Beach, Inc Page 4 of 4 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 & 254 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Beach,Applicant & Property owner McDonald Nurseries of Virginia Agenda Items 3 • I Planning • • • • April , c7(V Council Virginia Beach Requests #3 - Modification of Proffers #4- Conditional Use Permit (Bulk Storage Yard) t Staff Recommendation N Approval it Staff Planner Marchelle Coleman = KINGS WAY OR Location 1144 Independence Boulevard,4015 Mason Street, parcel directly west of 1144 -" Independence Boulevard, and 4011,4017,4021 Mason Street GPINs 1478577429, 1478572695, Portion of 1478575009, 1478578655, 1478577656, 1478576658 Site Size , 5.8 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay ° +� 'Vd 1 y. Existing Land Use and Zoning District Nursery,vacant lots/ B-2 Community Business, r , r d` R-10 Residential pF Surrounding Land Uses and Zoning Districts r�+' ��, �� •; .� North Townhouses, single-family dwellings/R-2.5 Residential, R-10 Residential, R-15 Residential o• rl South Auto Repair, office / B-2 Community Business, ., 0-2 Office East t a a Single-family dwellings/ R-15 Residential VIP West Independence Boulevard Medical office,office/ B-2 Community Business, 0-1 Office McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 1 Background SummaryofProposal • The applicant, McDonald Garden Center, is relocating its headquarters to the subject site on Independence Boulevard where it currently operates a large nursery.The applicant plans to make alterations to its site operations and is therefore seeking to amend proffers associated with Conditional Rezonings approved by City Council in 1993, 1994,and 1997 related to the eastern 5.67-acres of the site Conditional B-2 Community Business zoned property on Independence Boulevard.The applicant also seeks a Conditional Use Permit for a Bulk Storage Yard to store materials, equipment, and trucks on the eastern portion of this site. • McDonald Garden Center is proposing to construct a two-story office and storage building to consolidate their marketing, accounting, purchasing operations,executive office, and land design building division.The applicant will also construct a new customer pick-up building, a 36-foot by 108-foot greenhouse, a 35-foot by 73-foot canopy for a proposed loading dock,storage of trucks, and storage of products, plants, materials used in the plant nursery will be provided on the eastern portion of the site.The eastern area of the applicant's property is set well back from Independence Boulevard and is adjacent to a residential neighborhood. • As currently proffered, all access to the site will continue to be from Independence Boulevard with no access to the site from Mason Street. • The applicant has also retained the existing proffer allowing specific uses and structures on the property to include greenhouse and tree, shrub and plant nursery and retail sales of trees, shrubs, plants and nursery items,garden supplies, accessories, equipment, materials, and other garden center merchandise such as clothing, furniture, books, gifts, ornaments, Christmas gifts, and storage facilities, offices, and parking. • The new office warehouse and shed buildings are proffered to be clad with insulated siding and will have prefinished aluminum storefront systems.Tilt-up concrete panels will be used for both buildings will have standing seam metal roof. • As depicted on the Conceptual Site Plan, the applicant intends to expand an existing BMP on the property onto the two R-10 Residential District zoned parcels(Lots 2 &3) along Mason Street.The property lines for these R-10-zoned parcels and an adjacent third residentially zoned property will be vacated.The existing single-family dwelling on Lot 1 (4011 Mason Street) will remain. • Section 228 of the Zoning Ordinance requires that the area for Bulk Storage Yards be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, and plants along the exterior of the fence.The submitted landscape plan, depicted on pages 12 and 13 of this report, displays the required 15-foot- wide Category VI landscape buffer to fully screen and enclose the proposed Bulk Storage Yard. • The typical hours of operation are 8:00 a.m. to 8:00 p.m., Sunday through Saturday. McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 2 R10 I�) 1 7 S / Zoning History ' 3 !� o, l I' # Request Rt0 R ` 1 CUP(Fuel Sales in Conjunction with a Convenience Store)Approved 07/12/2005 R15 ri 2 CRZ(R-15 to Conditional B-2)Approved 06/13/2000 1z j;, 3 CRZ(R-10 to Conditional 0-1)Approved 08/10/1999 4 CRZ(R-10 to Conditional B-2)Approved 11/18/1997 / CRZ(R-15 to Conditional B-2)Approved 08/09/1994 / = CRZ(R-15 to Conditional B-2)Approved 08/24/1993 82 m 5 SVR Approved 11/23/1993 W W 6 NON Approved 10/30/1989 a B2 02 i" 7 MDC Approved 03/28/1988 Rts e24 ^= = REZ(R-4 to 0-2 Office)Approved 12/02/1985 8 REZ(RR-1 to RM)Approved 08/10/1970 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation . Recommendation In Staff's opinion,these requests for a Modification of Proffers and the Conditional Use Permit to operate a Bulk Storage Yard are acceptable.This property falls within the Suburban Area, as defined in the Comprehensive Plan,which recommends that developments within the Suburban Area focus on creating and maintaining great neighborhoods.The McDonald Garden Center has been operating at this location for over four decades, connecting residents with goods and services from a locally owned nursery. Additionally,the existing use complements other service-oriented businesses along this corridor of Independence Boulevard. As stated previously,the property will continue to operate as it has previously.These applications will permit the addition of an executive office warehouse to manage the marketing, accounting, and purchasing operations of the business.The proposed Bulk Storage Yard will continue to provide an area on the property for the nursery to store products, plants, materials and equipment for the business. However,the site will be enhanced with a 15-foot-wide Category VI landscape buffer on the eastern and southern portions of the site to screen the Bulk Storage Yard from the adjacent property owners. Existing vegetation will be retained along the eastern property line and new evergreens will be planted along the southern property line to screen the proposed loading dock, storage of trucks, and the storage of products, plants, and other materials used in and sold at the plant nursery. As depicted on the Conceptual Site Plan, an expansion of the existing private BMP is proposed to address water quality and quantity on site.An in-depth review of the stormwater management strategy to ensure that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of the improvements on this site will take place during the site plan review process. As this site is located in the Chesapeake Bay Watershed, no preliminary drainage study was required prior to this item being considered by Planning Commission and City Council. Based on these considerations,Staff recommends approval of these applications, subject to the proffers and conditions listed below. McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 3 The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The property shall be improved with the existing structure and the proposed Office Warehouse Building, Customer Pickup Building, 36'x 108'Greenhouse and 35'x 73' Canopy, along with both existing Landscape Screening and additional Landscape Screening buffers substantially as depicted on the "CONCEPTUAL LAYOUT PLAN",sheet 3 of 5 and "LANDSCAPE SCREENING PLAN", sheet 4 of 5 of the "PROFFER MODIFICATION AND C.U.P. EXHIBITS FOR McDONALD GARDEN CENTER", dated 11/29/2023 prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning&Community Development and incorporated herein by this reference (the "Conceptual Layout" and "Landscape Screening" plans). Proffer 2: When the Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35'x 73'Canopy are constructed they shall have the exterior architectural appearance and quality substantially as depicted on those exhibits titled "OFFICE/WAREHOUSE ELEVATIONS" ("NORTH", "EAST", "WEST" and "SOUTH"); "CANOPY EAST ELEVATION", "CANOPY SOUTH ELEVATION"; "SMALL GREENHOUSE EAST ELEVATION", "SMALL GREENHOUSE WEST ELEVATION", dated November 30, 2023, prepared by HBA Architecture and the"New Shed Construction For McDONALD GARDEN CENTER- BUILDING ELEVATIONS (A201)" undated, prepared by HBA Architecture which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning& Community Development and incorporated herein by this reference (the "Elevations"). Proffer 3: All vehicular access to and from the property shall be solely from Independence Boulevard through the existing entrance to McDonald Garden Center. Proffer 4: The Property shall be restricted to the following uses and structures and uses and structures which are clearly incidental to or subordinate thereto: Greenhouse and tree, shrub and plant nursery and retail sales of trees, shrubs, plants and nursery items,garden supplies, accessories, equipment, materials, and other garden center merchandise such as clothing, furniture, books,gifts, ornaments, Christmas gifts, and storage facilities and areas for the foregoing, along with offices and necessary parking therefor and for all uses on the Grantor's property. Proffer 5: The hours of operations on the Property shall be from 8:00 AM to 8:00 PM and any and all lighting on the Property shall be directed inward and shielded away from adjoining properties. All lighting f;)(+.,reS -"a" be 19cated Re higheF than 8 feet awheve the gFem4'.Any outdoor lighting fixtures within 250 feet of the residentially zoned property at the terminus of Mason Street,which shares its platted western property line with the subject Property's easternmost property line shall be located no higher than 8 feet above the ground. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan Review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 4 Recommended Conditions for CUP 1. When the site is redeveloped, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5,dated 11/29/2023, prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning& Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on Conceptual Landscape Plan & Landscape Screening Plan entitled "CONCEPTUAL LANDSCAPE PLAN & LANDSCAPE SCREENING PLAN—PROFFER MODIFICATION AND CUP EXHIBITS FOR MCDONALD GARDEN CENTER", sheet 4 of 5 &sheet 5 of 5,dated 11/29/2023, prepared by Kimley-Horn which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The outdoor storage materials shall not be stacked higher than the privacy fence. 4. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 &254 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Proffers from • • Proffer Agreement Proffer 1: There shall be Category VI screening where the property abuts adjacent single family residential districts and along the property line adjacent to Mason Street on the northeastern side; however,there shall be a minimum distance of 15 feet maintained between Category VI fencing and adjacent property line to the north of the 12 foot right of way. Proffer 2: Vehicular access to and from the property shall be solely from Independence Boulevard through the existing entrance to McDonald Nursery and no additional ingress/egress shall be permitted.There shall be a one foot"no ingress/egress" easement along the entire eastern property limits. Proffer 3: All interior lot lines shall be vacated. Proffer 4: The property shall be restricted to the following uses and structures and uses and structures which are clearly incidental to or subordinate thereto: Greenhouse and tree,shrub and plant nursery and retail sales of trees, shrubs, plants and McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 5 nursery items, garden supplies, accessories, equipment, materials, and other garden center merchandise such as clothing, furniture, books,gifts,ornaments, Christmas gift, and storage facilities for the forgoing and necessary parking therefore and for the adjacent property of the grantor which shall, by vacation of the interior lot lines, become part of the property. Proffers from 1994 Proffer 1: There shall be Category VI screening where the property abuts adjacent single family residential districts along the eastern side of the subject property, abutting that certain parcel now or formerly owned by Reed Associates. Proffer 2: Vehicular access to and from the property shall be solely from Independence Boulevard through the existing entrance to McDonald Nursery and no additional ingress/egress shall be permitted.There shall be a one foot"no ingress/egress" easement along the entire eastern property limits. Proffer 3: All interior lot lines shall be vacated. Proffer 4: The property shall be restricted to the following uses and structures and uses and structures which are clearly incidental to or subordinate thereto: Greenhouse and tree, shrub and plant nursery and retail sales of trees, shrubs, plants and nursery items, garden supplies, accessories, equipment, materials,and other garden center merchandise such as clothing, furniture, books,gifts, ornaments, Christmas gift, and storage facilities for the forgoing and necessary parking therefore and for the adjacent property of the grantor which shall, by vacation of the interior lot lines, become part of the property. Proffer 5: It is recognized that further reasonable conditions may be reasonably required during the administration of applicable city ordinances and that there will be detailed site plan review to meet all applicable city codes, and that further reasonable conditions may be reasonably required during the administration of applicable city ordinances. Proffers from 1997 Proffer Agreement Proffer 1: The conceptual site plan and conditional rezoning exhibit submitted by the Applicant to the Department of Planning with this Agreement and which was exhibited to the City Council of the City of Virginia Beach,Virginia and is on file with the Department of Planning, entitled "Conceptual Site Plan and Conditional Rezoning Exhibit for McDonald Nurseries of Virginia Beach, Inc., 1144 Independence Boulevard, Bayside Borough, Virginia Beach,Virginia" and dated July 31, 1997 (the "Plan") is incorporated herein by reference and forms a part of this Agreement. Proffer 2: The Property shall be used and operated solely in conjunction with and as a part of the existing greenhouse and nursery operation owned and operated by the Applicant on property adjoining the Property to the west which operation is currently known as McDonald Nurseries of Virginia Beach, Inc. (the "Garden Center"). In connection with the foregoing, the Property shall specifically be used as a retention pond, parking area and for the storage of plants, plant material, merchandise, and inventory sold at the Garden Center. McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 6 Proffer 3: No delivery trucks or landscaping vehicles (such as tractors,flat bed trucks, and similar vehicles) may be parked on the Property. Further, no mechanical equipment or dumpsters may be placed on the Property. Proffer 4: A minimum 15 foot(15') set back shall be maintained and a 6 foot(6') privacy fence and Category IV landscaping shall be installed along all portions of the Property that abut residential property. Proffer 5: The hours of operation of the Garden Center shall be 9:00 A.M.to 6:00 P.M., with exception of those periods April 1 through June 15 and the first Friday after Thanksgiving through December 24 of each calendar year when the hours of operation of the Garden Center may be 9:00 A.M. to 9:00 P.M., at the option of the operator of the Garden Center. Proffer 6: Ingress and egress to the Property shall be through the Garden Center to Independence Boulevard and there will be no ingress or egress to the Property from Mason Street.The Applicant agrees to enter into, execute, acknowledge and record any easement agreements or other agreements necessary to ratify and confirm ingress and egress to the Property through the Garden Center to Independence Boulevard. Proffer 7: Any and all lighting on the Property shall be directed inward and away from adjoining properties. Further, all lighting fixtures shall be located no higher than 6 feet above the ground. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed.There does not appear to be any significant natural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Independence Boulevard 39,300 ADT' 36,900 ADT 1(LOS 4"D") Existing Land Use 2-951 ADT Proposed Land Use 1,168 ADT lAverage Daily Trips gas defined by a garden center 3as defined by a garden center 4 LOS=Level of Service with a 20,000 square foot office Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Independence Boulevard, in the vicinity of this application, is considered a four-lane divided major urban arterial. The MTP proposes a six-lane facility within a 155-foot right-of-way. No roadway CIP projects are slated for this area. McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 7 Public Utility Impacts Water The site is connected to City water. There is an existing 12-inch City water main along Independence Boulevard and an existing eight-inch City water main along Mason Street. Sewer The site is connected to City sewer.There is an existing 10-inch City sanitary sewer gravity main and a 36-inch HRSD sanitary sewer force main along Independence Boulevard, and an eight-inch City sanitary sewer gravity main along Mason Street. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 11, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on April 4, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 2024. • 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 May 6, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on May 17, 2024. McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 8 Existing Site Conditions 831N30 un VJOHK<Aa1UllN SNOI110 II N000NSIX3 N3ONVJOIVoO N LIOd S1I9IHX3 dn df10 ON � --- -- NOIIVOI3100W H3330Nd It t I f Y(! g E Jtta � t�`�� Pi3tS t 't e - - --- wnn3raos3auGUv%o� 1 McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 9 Proposed Zoning Exhibit 831N30 v� 1181HX3 ONINOZ 14938VO OlVNOODVY 'O UJOH<<<Aaiw}� " ao�stleiHx3dnaoNv _<. P�11VJI�I�OW a3�ad s _ Y A CD 1 N ` «Al CO W k, CyW L� Q 0 aV v O m 4-J U Q v 0 N i N 1 e—i C)O tv - `= o ij - xar McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 10 � `�`�� w ' P.aven uc m R wuem • .. •Te n{r rnn a ier�.m I•G04GLD.Sm+I10 oK ro U j I L � 0 144 i �\ I 'm.rt'au .4 W y R MU � - , r - 9 YWTW MM.R T sANYbi J[ SON 1P.[Ya�R...e�n I 'AiSY;10/DYe GOIX 1 T r ti.M}il.9t S.RI.SPIR h101u3 - <WYr N1..r/DEI L.De 434C .•... ' PK.'ZD NNC SITE DATA JURISDICTION 'JIRGINIA BEACH EXISTING ZOMNG'.UNCONDITIONAL 11-2.3.22 AC `�„-` J CONDSTMAI.B-2 5.67 AC ^�..`` ,o n I I +� arm. . •4' Q SITE GPM Z PARCELA7: 147847-2595 �� +Iaes ..saT;.P.cc H d LCTI: 127687-7429 I .., a. A _ WRIOWOF-WAY' I473674009 I sva.n U OSITE AREA Z PARCEL AI: 690 Ac O LOT-: 191 AC 2B R*HTOF-WAY 00B AC Q TOTAL AREA OF PROPOSED PROFFER Z Z MODIFICATION: 5.67 AC - r Icr:tJr, °LL W (A PARKINGREOWREAENT Q y O (n - 1 SPACE PER 1000 SOFT b SPACES I U H - PARKING PROVIDED 162 SPACES M BULDM SETBACKS IB-21: t+va3.SnucrA.3 O=UO In FRONT -J H W O SIDE IR AI OFT135FT) s D REAR 0 FT PwrosA smr..v..nm W�`U 00 G ..o .,mm m� LL U (p LANDSCAPE BUFFER(L2)' a.ha ',c h=rt m .rvw ` LLO U O FRdA MN: 10 FT >r _ Z _ Q -FROM ADJ RESIDENTIAL 15FT(CATIV) IIII< >, D Q y 7 -CN SITE BULK STORAGE SHOULD BE flj SCREENED WTM A VARIABLE DEPTH t....,q- . O COCATEGORY A BUFFER. 3OF5 v 3 of Di Do w m k • ww K J I ��%W.1D If10 aE(f . .. •a ram Lar ran 12 . r,.. Fwp[•OrorwOwt.11[ I r I •� � y: - a re nro tv F� I Y ' me wn A.i• I 'I arrow• .3k~ 1Y SITE DATA I +• IJURISDICTION VIRGINIA BEACH --. —._____—_ • Z EXISTING ZONING UNCONOffIONAL 0-2.3.22 AC EL CONDITIONAL B•2.6.67 AC SITE GPIN Ur PARCEL Al. 147"7-2693 I 'd 31 �.. U Z LOT 197957.7929 1 `� Z 20 RIGHT-0F•WAY'. 197887-50PJ ` nc Fm flFM:rtut Z W QLu - SITE AREA �•. I , `a U O PARCEL Al 6.90 AC �« LOT•4: 1.91 AC 20'RIGHTOF-WAY. 00S AC 1 �s Q TOTAL AREA OF - PROPOSED PROFFER .r c— - Z MODIFICATION: 5,57 AC C, PARKING REOUIREMENT ----__... U OW CD 1SPACE PER 1000SOFT 46SP.4CES E-GEND p —S = PARKING PROVIDED 162 SPACES - asnw.swucnw¢ m Q N -: BUILDING SETBACKS(8-2j LL U W FRONT 35 FT 0=o F - SIDE(RAN) 0FT(36 FT) ,,.m, ` s n'�' � woaolm arrow sm+.�a U X J Z D REAR OFT j°•"'�' %.+Wool rM.l . WQU da uv zw ro.twE 0Y D_Z LANDSCAPE BUFFER(82): .crn w wew.uWcLLI � OD FROM RM1V: LOFT « sueir�cwr w LL U UO V O - FROM ADJ.RES07ENTIAL: IS FT(CAT M °MRC M"•�T ..m•• ^s''raa utEm«w wnsu+c e-ws-x U O U Sv �' ON SITE BULK STORAGE SHOULD D BE u m u m xaarFn.oa,90 n•au� < ' ....�: s .. as�c rusrvrtar,wr Q z SCREENED WITH A VARIABLE DEPTH ......__. (L (D W CATEGORYM BUFFER (D _..-._ 4O�cn. �. F5 I'D w m 90 N � A Proposed Conceptual Landscape Plan �U.IUH<(<AaIlLtA F. 3dV0SONV1 Tdn1d30N00 OJ S.L1 1 OTdNOOOW O ilOd S1181HX3 df10(NV r� NOUV01dI01OW 2i3ddOLld x ' ORI 4y } � a. - b` - �Ip t'• � , wRO _ s jp- ,�R 3 = � 3 � Y ( ` e Y } L. y ifr4C Loi , ar �. �Nr�aKXa93�v.�ov3e3i ,. `+r' ' - ,.:. McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 13 Proposed • Elevations ---INSULATED SIDING of f ALUMINUM OPTFRONT ^FRAM NIG WITH INSULA EDTGLAZIN G,TYP00 R Q TILT UP CONCRETE PANELS WITH"V"GROOVES McDonald Garden Center OFFICE/WAREHOUSE NORTH ELEVATION VIRGINIA BEACH,VA 11/30/2023 �•PREFI W SMED ALUMINUM STOREFRONT FRAMING WITH INSULATED GLAZING,TYR INSULATFD SIDING STANDING SEAM METAL ROOFING LLll71SLLLLSIJ��1LlLL111LL �''. F'y^y TILT UP CONCRETE PANELS WIT H'V"GROOVES 158'�1 1/2" r McDonald Garden Center OFFICE/WAREHOUSE WEST ELEVATION VIRGINIA BEAC'-I,VA 11Bn/2023 McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 14 Proposed Office Warehouse Elevations INSULATED SIDING I 4 { I r IC71 TILT UP CONCRETE PANELS _ WITH V GROOVES 6l' McDonald Garden Center OFFF ICC E/WAREHOUSE SOUTH ELEVATION VIRGINIA BEACH.VA 1113012023 ,-STANDING SEAM METAL ROOFING i-•INSULATED SIDING F'PREFlNISHED ALUMINUM GR FRAMING WITH INSULATEDD GLAZING, TY P. I 1 TILT UP CONCRETE PANELS WITH Y"GROOVES McDonald Garden Center OFFICE/ WAREHOUSE EAST ELEVATION VIRGINIA BEACH,VA i 11/30/2023 McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 15 Proposed Greenhouse Elevations i 10£-0' McDonald Garden Center SMALL GREENHOUSE EAST ELEVATION VIRGINIA BEACH,VA 11/30/2023 .mw.oenw b v 36 McDonald Garden Center SMALL GREENHOUSE SOUTH ELEVATION VIRGINIA BEACH,VA 11/3012023 reweiue rs� McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 16 Proposed Shed Elevations - MIN McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 [&4 Proposed Canopy Elevations PREFII419IED CANOPY SYSTEM b COWMN SEYOND T H TRUCK WELL SI'A' 21'A' 73'-C McDonald Garden Center CANOPY EAST ELEVATION VIRGINIA BEACH,VA' 11/30/2023 .Pap,Dace[ PREFINISNED CANOPY SYSTEM b 4 TRUCK WELL 35'-D' McDonald Garden Center CANOPY SOUTH ELEVATION VIRGINIA BEACH,VA 11130/2023 j McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 18 Site Photos a s1 °R f it . �ri�•„S' M,- f -0 �t cool OF film WATER FLATION ALI.FOUNTAINS 20%OFF i y McDonald Nurseries of Virginia Beach, Agenda • 19 Site Photos •�`��s��.+' !+ ;fix� - `�kl�'#.��': _ 3 ! ' �. Disclosure 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 McDonald Nurseries of Virginia Beach,Inc. Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Edward Mark Anderson,President;Sara G.Anderson,Vice President/Secretary;Eddie M.Anderson,CEO • 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. 1I McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 21 Disclosure Disclosure Statement ON of Vim"iu Rff h 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 IN No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. David Scolamiero,David Scolamiero,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. David France&Kyle Long,Kimley Horn(Landscape Architect);Jaime Rasmussen,HBA Architecture&Interior Design(Architects) 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ® NO • If yes,identify the purchaser and purchaser's service providers. 2I McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 22 Disclosure Disclosure Statement '` ':� lYlyeft�rt4�/iKKh 111unning&Community "Tom ;t "welopment 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑NO • If yes,identify the company and individual providing the service. C.�.l too era r� Th1 r M.N.R- - t3lz 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑ No • If yes,identify the firm and individual providing the service. David France&Kyle Long,Kimley Horn 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?0 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 notif tT,mTthat the application has been scheduled for public hearing,I am responsible for updating the information p ide er(i two eeks)"o-We,meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any pu c bo r co ittee' ection with this application. pplicant Signature — ---— .� n Print Name and Title --- iZ- k 202-:5 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. - -T=St De updated two(21)weeks prior to any Planning Commission and City Council meeting I that pertains to the applications ® No changes as of Date Signature 4/30/2024 PrintName Marchelle L.Coleman Rrvised 11.09.2020 3 I McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 23 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 757-385-5692. • 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. McDonald Nurseries of Virginia Beach, Inc Agenda Items 3 &4 Page 24 G1N�$EAc �ti4 �G 04 U r CITY OF VIRGINIA BEACH a INTER-OFFICE CORRESPONDENCE 0 F S d OUR NPt��N In Reply Refer To Our File No. DF-11137 DATE: May 10, 2024 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; McDonald Nurseries of Virginia Beach The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 21, 2024. 1 have reviewed the subject proffer agreement, dated December 1, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: City Manager SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS McDONALD NURSERIES OF VIRGINIA BEACH, INC.,a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of December, 2023, by and between McDONALD NURSERIES OF VIRGINIA BEACH, VIRGINIA, a corporation, party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,party of the second part, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of 5.67 acres of property comprised of the eastern 3.76 acre portion of a 6.9 acre parcel and an adjoining 1.91 acre parcel located in 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 four (4) separate conditional amendments to the Zoning Map of the City of Virginia Beach,by petition addressed to the Grantee so as to modify and consolidate conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the following previously proffered agreements: (a) an "AGREEMENT" dated March 22, 1993 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Deed Book 3262,at Page 1701 (hereinafter"1993 Proffers"); (b) an "AGREEMENT"dated August 17, 1994, as recorded in the above referenced Clerk's Office, in Deed Book 3425, at Page 1876 (hereinafter "1994 Proffers"); (c) an "AGREEMENT" dated September 18, 1997, as recorded in the above referenced Clerk's Office, in Deed Book 3813, at Page 1253 (hereinafter "1997 Proffers"); and (d) those "PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS" dated PART OF GPIN: 1478-57-2695 GPIN: 1478-57-7429 PREPARED BY: SYYES,BOURDON, AHERN&LEVY,R.C. Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 February 11,2000,as recorded in the above referenced Clerk's Office in Deed Book 4257,at Page 0111 (hereinafter"2000 Proffers"),to reflect a set of consolidated amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Grantor that the proffered covenants, restrictions and conditions contained herein shall supersede in their entirety those covenants, restrictions and conditions as set forth in the 1993 Proffers, 1994 Proffers, 1997 Proffers and 2000 Proffers which are hereby replaced in their entirety; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS,the 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, representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or-quid pro Quo for zoning,rezoning,site plan,building permit,or subdivision approval,hereby makes the following amended and restated 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 PREPARED BY: upon the Property and upon all parties and persons claiming under or through the Grantor, its SWES. BOURDON. successors,representatives,assigns,grantees,and other successors in interest or title: ARERN&LEVY.K 1. The property shall be improved with the existing structure and the proposed Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' 2 Canopy, along with both existing Landscape Screening and additional Landscape Screening buffers substantially as depicted on the "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5 and "LANDSCAPE SCREENING PLAN", sheet 4 of 5 of the "PROFFER MODIFICATION AND C.U.P. EXHIBITS FOR McDONALD GARDEN CENTER", dated 11/29/2023 prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the "Conceptual Layout"and"Landscape Screening"plans). 2. When the Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' Canopy are constructed they shall have the exterior architectural appearance and quality substantially as depicted on those exhibits titled "OFFICE/WAREHOUSE ELEVATIONS" ("NORTH", "EAST", "WEST" and "SOUTH"); "CANOPY EAST ELEVATION", "CANOPY SOUTH ELEVATION"; "SMALL GREENHOUSE EAST ELEVATION", "SMALL GREENHOUSE WEST ELEVATION", dated November 30, 2023, prepared by HBA Architecture and the "New Shed Construction For McDONALD GARDEN CENTER- BUILDING ELEVATIONS (A201)"undated,prepared by HBA Architecture which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the "Elevations"). 3. All vehicular access to and from the property shall be solely from Independence Boulevard through the existing entrance to McDonald Garden Center. 4. The Property shall be restricted to the following uses and structures and uses and structures which are clearly incidental to or subordinate thereto: Greenhouse and tree, shrub and plant nursery and retail sales of trees, shrubs, plants and nursery items, garden supplies, accessories, equipment, materials, and other garden center merchandise such as clothing, furniture, books, gifts, ornaments, Christmas gifts, and storage facilities and areas for the foregoing, along with offices and necessary parking therefor and for all uses on the Grantor's property. 5. The hours of operations on the Property shall be from 8:00 AM to 8:00 PM and any and all lighting on the Property shall be directed inward and shielded away from adjoining PREPARED BY: properties. Any outdoor lighting fixtures within 250 feet of the residentially zoned property at �SYKMS.BOURDON, the terminus of Mason Street, which shares its platted western property line with the subject A14LRN&LEVY,P.C. Property's easternmost property line shall be located no higher than 8 feet above the ground. 3 6. Further conditions may be required by the Grantee during detailed Site Plan Review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered, 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 PREPARED BY: provisions, the Grantor shall petition the governing body for the review thereof prior to SYKES,$OURDON, instituting proceedings in court;and AHERN&LEVY.P.C. (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 4 be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. PREPARED BY: ME SYKES.POURDON. AtIERN&LEVY.P.C. 5 WITNESS the following signature and seal: Grantor: McDONALD NURSERIES OF VIRGINIA BEACH, INC., a Virginia corpor \ Edward Mark Anderson,President STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 12th day of December,2023, by Edward Mark Anderson, President of McDonald Nurseries of Virginia Beach, Inc., a Virginia corporation,Grantor. r Notary Public My Commission Expires: August 31,2026 �•` ��MCCy�T 0014�, Notary Registration Number: 192628 �•`Q. ,�oNwE .� OPT off ti �w :Z t 92628 m= •. c . '•, ��'�viAG`?0v'r. •,�O)ARi NSS PREPARED BY: SYKLS,BOURDON. AALRN&LLWY.P.C. 6 EXHIBIT "A" EASTERN PART OF GPIN: 1478-57-2695 All that certain piece or parcel of land lying, situate and being in the City of Virginia Beach, Virginia,being the eastern 3.49 acres of that 6.89 acre property designated"New Parcel A-1"on that Plat Showing a Resubdivision of the Property of McDonald Nurseries of Virginia Beach And TCC-BTS INDEPENDENCE MT. INC. as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 289,at Page 35,which portion is more particularly described as follows: Beginning at a point on the eastern right of way line of Independence Boulevard at its intersection with the northern boundary line of Parcel A-1 (MB 289,P. 35) thence running along the referenced boundary line S 60' 57' 58" E, 340.46 feet to a point at the TRUE POINT OF BEGINNING,thence continuing along the boundary line S 74'25'46"E, 181.16 feet to a point on the western right of way of Reedtown Road; thence turning and running along said right of way line S 22' 00' 22" W, 51.76 feet to a pin; thence S 68' 05' 37" E, 48.17 feet to a point along the western boundary line of Lot 1 (MB 236, P. 43); thence S 12' 32' 18"W, 133.35 feet to a point; thence turning and running S 76' 11' 10"E, 25.74 feet to a point; thence S 27'08'47"W, 248.85 feet;thence S 64' 10'45" E, 131.99 feet to a point of intersection with a 20'private right of way; thence S 31' 52' 56"W, 170.66 feet;thence turning and running N 66' 37' 04"W, 335.57 feet to a pin; thence N 23' 22' 56" E, 147.49 feet to a pin; thence turning and running S 71' 20' 25" E, 47.19 feet to a point; thence turning and running N 13' 53'47" E, 234.96 feet to a point; thence N 120 06'08"E,219.41 feet to the TRUE POINT OF BEGINNING. Said eastern portion of PARCEL Al containing 3.49 acres. LOT 4-GPIN: 1478-57-7429 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 4, as shown on that certain plat entitled "Subdivision Plat of Parcels 1 & 2, Composite Plan of Properties in Reedtown",which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 236,at Page 43. H:\AM\-Mod of Proffers\McDonald Nurseries\Modifications to Proffers.docx PREPARED BY: SYK£S,BOURDON. AHERN&LEVY,P.C. 7 Virginia Beach Planning Commission April 10, 2024, Public Meeting Agenda Items # 3 & 4 McDonald Nurseries of Virginia Beach, Inc RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Our next item on the agenda is Agenda Items 3 and 4, McDonald Nurseries of Virginia Beach. Mr. Bourdon: Thank you, Madam Vice-Chair, Mr. Chairman, and Members of the Commission, for the record, Eddie Bourdon, Virginia Beach Attorney, representing McDonald's. I want to recognize that Dave Frantz, and Kyle Long with Kimley Horne came down today because I neglected to call, and tell them we're on the consent agenda because Mark Anderson, I did call him, and he didn't come. He otherwise would have been here. I appreciate being on the Consent Agenda. The five conditions of the Conditional Use Permit, as recommended by the staff, are acceptable. I appreciate Marchelle's work on this application. As for the proffers, as Marchelle mentioned in the informal, I will try to clarify something just briefly. The original proffers are four different parcels with separate proffers. All that are on the eastern half of the property. Three of those proffers had no issues with height of light fixtures. It's only the one easternmost parcel that adjoins a large residential parcel to the East at the end of Mason Street. That proffer had a hype limitation on lighting, and attorney error, I put the limitation on all the properties that are existing light fixtures on the middle parcels that are more than 8 feet in height, and to correct that, the owner of the property to the east, the residential property, is extremely happy and pleased with McDonald's and has no issues, and it's not really changing anything with regard to her property, which is the only property affected by that restriction, but the lighting on the front of the property, that's unconditional to begin with, so The Christmas lights and everything else are not in any way impacted by that restriction. It's just the back of the bulk storage yard. We appreciate being on the consent agenda. I'm gonna take the privilege for a second, and thank Mr. Kemp, Ms. Warren, Ms. Wilson, City Attorney, Mr. Styles for the first amendment -- the ordinance that you all just recommended approval of as one who's represented a number of salon owners and landlords on these applications. No one could quite figure out why there needed to be an application for that, and as Mr. Kemp said, it's been in the works for some time and, it's a needed amendment. It's just a lot of waste of time, effort, and money. Appreciate y'all recommending approval of that. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Coston to read this item into the record. Mr. Coston: The applicant, McDonald Garden Center, is relocating its headquarters to the subject site on Independence Boulevard, where it currently operates a large nursery. The applicant plans to make alterations to a site operation, and is therefore seeking to amend proffers associated with conditional rezonings approved by City Council in 1993, 94, and 97, related to the eastern 5.67 acres of the site conditional B2 community business, zoned property on Independence Boulevard. The applicant also seeks a conditional use permit for bulk storage yard to store materials, equipment, and trucks on the eastern portion of this site. The Commission agreed that it should be on the consent agenda, therefore we've placed it there. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from — Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn't record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hi en AYE Mauch AYE Parks ABSENT Plumlee AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The property shall be improved with the existing structure and the proposed Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' Canopy, along with both existing Landscape Screening and additional Landscape Screening buffers substantially as depicted on the "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5 and "LANDSCAPE SCREENING PLAN", sheet 4 of 5 of the "PROFFER MODIFICATION AND C.U.P. EXHIBITS FOR McDONALD GARDEN CENTER", dated 11/29/2023 prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the "Conceptual Layout" and "Landscape Screening" plans). Proffer 2: When the Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' Canopy are constructed they shall have the exterior architectural appearance and quality substantially as depicted on those exhibits titled "OFFICE/WAREHOUSE ELEVATIONS" ("NORTH", "EAST", "WEST" and "SOUTH"); "CANOPY EAST ELEVATION", "CANOPY SOUTH ELEVATION"; "SMALL GREENHOUSE EAST ELEVATION", "SMALL GREENHOUSE WEST ELEVATION", dated November 30, 2023, prepared by HBA Architecture and the "New Shed Construction For MCDONALD GARDEN CENTER - BUILDING ELEVATIONS (A201)" undated, prepared by HBA Architecture which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the "Elevations"). Proffer 3: All vehicular access to and from the property shall be solely from Independence Boulevard through the existing entrance to McDonald Garden Center. Proffer 4: The Property shall be restricted to the following uses and structures and uses and structures which are clearly incidental to or subordinate thereto: Greenhouse and tree, shrub and plant nursery and retail sales of trees, shrubs, plants and nursery items, garden supplies, accessories, equipment, materials, and other garden center merchandise such as clothing, furniture, books, gifts, ornaments, Christmas gifts, and storage facilities and areas for the foregoing, along with offices and necessary parking therefor and for all uses on the Grantor's property. Proffer 5: The hours of operations on the Property shall be from 8:00 AM to 8:00 PM and any and all lighting on the Property shall be directed inward and shielded away from adjoining properties. All IffightiRg fiXtWeS shall be IGGated no higher thaR 8 feet above the greuRd. Any outdoor lighting fixtures within 250 feet of the residentially zoned property at the terminus of Mason Street which shares its platted western property line with the subject Property's easternmost property line shall be located no higher than 8 feet above the ground. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan Review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. CONDITIONS 1. When the site is redeveloped, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5, dated 11/29/2023, prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on Conceptual Landscape Plan & Landscape Screening Plan entitled "CONCEPTUAL LANDSCAPE PLAN & LANDSCAPE SCREENING PLAN — PROFFER MODIFICATION AND CUP EXHIBITS FOR MCDONALD GARDEN CENTER", sheet 4 of 5 & sheet 5 of 5, dated 11/29/2023, prepared by Kimley-Horn which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The outdoor storage materials shall not be stacked higher than the privacy fence. 4. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 & 254 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. 132 B� B2 00/ � aoh e 0 a 4, .moo Q 132 B2 r a Admiral-Wright Road B2 a J 11 Q� 11 11 . 0 >, o 11 a� N ® Site W E Property Polygons All Things Beauty �I Zoning 250 Jersey Avenue, Unit 245 s Building Feet 0 2550 100 150 200 250 300 OE'.lMN � 7 f x y �u 5j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALL THINGS BEAUTY [Applicant] KRAMBIAS PROPERTIES, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 250 Jersey Avenue, Unit 245 (GPIN 14678572990000). COUNCIL DISTRICT 4 MEETING DATE: May 21, 2024 ■ Background: The applicant is seeking to operate a Tattoo Parlor for the application of permanent makeup in an existing 1,700 square-foot suite at 250 Jersey Avenue. Hours of operation will be from 9:30 a.m. to 7:00 p.m., Monday through Saturday, and services will be by appointment only. Permanent makeup will be offered alongside other beauty services, such as lash enhancement. Required parking is met on site and the applicant proposes no alterations to the building or the site. ■ Considerations: The property is located within the Central Village District, a subsection of the Pembroke Strategic Growth Area (SGA) with specific area recommendations. The Pembroke SGA is envisioned as a commercial center with the Central Village District supporting this vision by concentrating diverse small businesses in mid- to low-rise buildings. Artistic and beauty-oriented businesses, such as the one proposed by the applicant, are complementary with the kind of services and retail recommended in the Central Village District. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Two letters of support for the request were provided by adjacent tenants and there is no known opposition. ■ Recommendation: On April 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0, with one abstention. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. All Things Beauty Page 2 of 2 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:�w Applicant All Things Beauty Agenda Item Property Owner Krambias Properties, LLC Planning • • • ` • 1 1 Xc'ir,t 1/ • ' Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation a`' •, y Approval Staff Planner Elizabeth Nowak r Location 250 Jersey Avenue GPIN 1467857299 d Site Size 18,427 square feet; 1,700 square-foot suite AICUZ Less than 65 dB DNL ° C Watershed Chesapeake Bay Existing Land Use and Zoning District Commercial building B-2 Community Business J , Surrounding Land Uses and Zoning Districts µ .} North � Automobile sales/B-2 Community Businessxr. South W W ~# Admiral Wright Road ,a w Automobile service station/ 1-1 Light Industrial ,, E r • :�1 c"�" East Automobile repair garage, material and supply * *� �1! ! �1' .� r�� 'r .� rF 1h , sales/B-2 Community Business ADMIRAL WRIGHT RD " West • f w ,A Jersey Avenue F r W z Offices, automobile sales/B-2 Communityf� - Business �" z ii All Things Beauty Agenda Item 5 Page 1 Background SummaryofProposal • The applicant is seeking to operate a Tattoo Parlor for the application of permanent makeup in an existing 1,700 square-foot suite known as 250 Jersey Avenue. • Hours of operation will be from 9:30 a.m.to 7:00 p.m., Monday through Saturday.The business will have five lash beds and will serve patrons by appointment only. Five employees are anticipated. • Per Section 203(a)(25), off-street parking requirements for personal service establishments are one parking space per every 250 square feet. Four parking spaces are required.There are 26 existing parking spaces on this property for the building. Other businesses here are subject to parking requirements under Section 203(a)(32), requiring only one space per employee on a maximum working shift. Parking requirements will continue to be met on site. • The property is in the Central Village District,a specific area identified in the Pembroke Strategic Growth Area.This district is envisioned as a mid-to low-rise urban residential development with similarly scaled commercial buildings that house small businesses. 2 a- az 4 � Zoning History °�o # Request Q' 1 CUP(Tattoo Parlor)Approved 02/15/2021 a2 B2 2 STC(AG-2 to Conditional B-2)Approved 09/05/2017 aZ MDC(Motor Vehicle Sales)Approved 09/05/2017 CUP(Motor Vehicle Sales)Approved 12/02/2008 5 + 3 CUP(Automobile Repair Garage)Approved 03/17/2015 4 CUP(Motor Vehicle Repair Garage)Approved ADNNRAL WRIGMT RD_____ k\ -- 11/12/2013 Is 5 CUP(Motor Vehicle Repair)Approved 09/24/2013 6 CUP(AG-2 to Conditional B-2)Approved 06/09/1992 3 a 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 STIR—Short Term Rental Evaluation • • • This Conditional Use Permit request for a Tattoo Parlor for Permanent Makeup is, in Staffs opinion, acceptable.The property is located within the Central Village District, a subsection of the Pembroke Strategic Growth Area (SGA)with specific area recommendations.The Pembroke SGA is envisioned as a commercial center with the Central Village District supporting this vision by concentrating diverse small businesses in mid-to low-rise buildings.Artistic and beauty- oriented businesses, such as the one proposed by the applicant, are complementary with the kind of services and retail recommended in the Central Village District. No new construction is proposed with this application; the existing building will be reused as is. Prior to operating on the site,the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards All Things Beauty Agenda Item 5 Page 2 for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting.A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors.Window signage shall not be permitted.A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Pembroke Strategic Growth Area (SGA), which is envisioned as the central urban core of Virginia Beach with a vertical mix of urban uses, a diverse collection of civic, commercial, and artistic areas, multimodal transportation options with complete streets to support this SGA's connectivity and central location. Key recommendations for this SGA are centered around an efficient, compatible mix of uses, designing at human scale,transit-oriented development, and environmental stewardship. Following development guideline frameworks are key for the success of making Pembroke a thriving, innovative urban center. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay Watershed.There are no natural or cultural resources that will be affected by this project. All Things Beauty Agenda Item 5 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Jersey Avenue No data available 9,900 ADT 1(LOS°"D") No change anticipated 1 Average Daily Trips z LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Jersey Avenue is a two-lane local street. It is not included in the MTP. The Cleveland Street Phase IV Project scheduled for construction in 2027, will not affect this property. Public Utility Impacts Water & Sewer The site connects to City water and sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 11, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of https://virginiabeach.gov/pc on April 4, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 2024. • 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 May 6, 2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on May 17, 2024. All Things Beauty Agenda Item 5 Page 4 , Site Layout yb pENNSYLVANIA nvE 1A L 4 y rt AV t _ MNwt . g - N co a ti tin : O All Things Beauty Agenda Item 5 Page 5 >- to ra 0) � M m a V to a c t a, � Q a i10- 141 114" 3 4" --� ,�„/,a -��- 1 u a:a -"-+�1�- 95112" 1671;4" ---+) f�dtr sq I 4 33.53 sq Ll mEil LI . Wa Qing Kitchenette r--�--� 104.35 sq ft PAIU it area IDU 116 3/47-128 5/8' 1r 4 Bathroom Kitchenette 2.51 SO 127D4 ft(141 1/4'x 1291/21 88 /8"x 68 7/8" L) Entrance Hallway u e v Lounge 1220.48 sq ft(656 7/B"x 3471 M m 10x11 IOx11 10x11 Sdie 10x11 suite Stdte su ke feceptio n area 113 1265/8" -+: 127' 1331/2' Site Photos _4 ,. �. t All Things Beauty Agenda Item 5 Page 7 Site Photos � k All Things Beauty Agenda Item S Page 8 Disclosure Disclosure Statement City"f lWyn"Bnn11 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 All Things Beauty LLC. Does the applicant have a representative? M Yes ❑No • If yes,list the name of the representative. Rachael Highsmith 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) Rachael Highsmith(member CEO) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) All Things beauty LLC,All Thngs Beauty Atelier "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(i)one business entity has a controlling ownership interest in the other business entity,(if)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 All Things Beauty Agenda Item 5 Page 9 Disclosure Disclosure Statement V" Cilg nJVinJinio B—A 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?R Yes ❑ No • If yes,identify the firm and individual providing the service. Linda,Jameika Simmons(Diversified Strategies Financial services Inc. 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 H 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 M No • If yes,identify the purchaser and purchaser's service providers. Rev%sed 11.09.2020 2 All Things Beauty Agenda Item 5 Page 10 Disclosure Disclosure Statement 6. Does the applicant have a construction contract m 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 corm ion 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. S. Is the applicant receiving legal services to' in cc nection with the subject of the application or any business operating or to be operated on the property?0 Y • If yes,identify the firm and individual providing the service. Applicant SjgqAture 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. �u L ch ct i14 ( 0) Applicant Signature I TIN i. 0 UAULE Ln Print Name and Title 0 1 . Date Is the applicant also the owner of the subject property? 0 Yes LET No • if yes,you do not need to fill out the owner disclosure statement. FOR ONLY,/All diSdOSUre5 must be updated two(2)weeks prior to any Planning Commission and City Council meeting to the applications No changes as of Date 05/01/2024 Pr1rttNsm° Elizabeth Nowak Revised 11.09.2020 All Things Beauty Agenda Item 5 Page 11 Disclosure DISCIOSure Statement City of Cirgmwm B h Planning&Community Development Owner Disclosure Owner Name Krambias properties LLC. Applicant Name All Things Beauty LLC. Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) George Loizou • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity"relationship with the Owner. (Attach a list if necessary) 5073 Virginia Beach Blvd,LLC Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes M 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. n"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(1)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 All Things Beauty Agenda Item S Page 12 Disclosure Disclosure Statement City fvlu i.a-� &Community Planning 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 cr any business operating or to be operated on the property? ®Yes ❑ No • If yes,identify the financial institutions providing the service. Southern bank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • Ifyes,identify the companyand individual providingthe 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 E NO • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes X 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 M 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 2 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 All Things Beauty Agenda Item 5 Page 13 Disclosure Disclosure Statement ('iy of Viyv+.i Mnd Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Own gnature Krambias Properties LLC/George Loizou CEO Print Name and Title 1/24/2024 Date Revised 11.09.2020 7 1 P a g e All Things Beauty Agenda Item 5 Page 14 StepsNext • 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 757-385-5692. • 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. All Things Beauty Agenda Item 5 Page 15 Virginia Beach Planning Commission April 4, 2024, Public Meeting Agenda Item # 5 All Things Beauty RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Number 5, All Things Beauty. Is there a representative here today to represent this application? Could you please come forward. Hello, and welcome. Could you please state your name for the record? Ms. Highsmith: Yes, Rachael Highsmith. Ms. Cuellar: Ms. Highsmith, are the conditions acceptable to you? Ms. Highsmith: Yes. Ms. Cuellar: Thank you very much. You may be seated. Is there any opposition to this application? Hearing none. I have asked Commissioner Byler to read this item into the record. Ms. Byler: The property is located at 250 Jersey Avenue. The applicant is seeking to operate a tattoo parlor for the application of permanent makeup in an existing 1,074 square foot suite known as 250 Jersey Avenue. Hours of operation will be 9:30 a.m. to 7.00 p.m. Monday through Saturday. Business will have lash beds and will serve patrons by appointment only. The parking is adequate. It is located in the Central Village District, which is a specific area identified by the Pembroke Strategic Growth Area. That district envisions mid-to-low rise urban residential development with similarly scaled commercial buildings that house small businesses. As such, it seems compatible. There has been no opposition, and Staff recommends approval. We ask that it be added to the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from — Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn't record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 8 NAY 0 ABS 1 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hi en AYE Mauch AYE Parks ABSENT Plumlee ABS CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Rachael Highsmith All Things Beauty 250 Jersey Ave. Suite 247 Virginia Beach, VA 23462 Rachael@allthingsbeautyva.com 757-639-1282 3/11/2024 Communique Printing and Mailing 265 Jersey Ave. Suite 102 Virginia Beach,VA 23462 Dear Communique Printing and Mailing, I hope this letter finds you well. I am writing to inform you of an exciting expansion of my business, All Things Beauty, located at 250 Jersey Ave. Suite 247. As a valued member of our community, I wanted to share with you the details of this development and request your support. I am thrilled to announce that All Things Beauty will now be offering a range of new services including eyelash extensions, permanent makeup for brows,and waxing. I believe that these additions will complement the existing businesses in our area and provide our community with even more options for beauty and self-care. As a fellow business owner, I understand the importance of community support and collaboration. Therefore, I kindly request your support for this expansion. I would greatly appreciate it if you could sign this letter to indicate your comfort with my new services and your welcome as a neighboring business owner. In return, please know that you have my full support as well. If there is anything I can do to assist you or your business, please do not hesitate to reach out. Together, we can create a vibrant and thriving business community that benefits us all. Thank you for taking the time to consider this request. I look forward to continuing to work alongside you and our other neighboring businesses. Warm regards, Rachael Highsmith Owner/All Things Beauty Atelier , Communique Printing and Mailing 3l8/24,5:31 PM Grammarly Rachael Highsmith All Things Beauty 250 Jersey Ave. Suite 247 Virginia Beach, VA 23462 Rachael@allthingsbeautyva.com 757-639-1282 3/9/2024 Greyscale Tattoo Gallery 265 Jersey Ave. Suite 106 Virginia Beach, VA 23462 Dear Greyscale Tattoo Gallery, I hope this letter finds you well. I am writing to inform you of an exciting expansion of my business, All Things Beauty, located at 250 Jersey Ave. Suite 247. As a valued member of our community, I wanted to share with you the details of this development and request your support. I am thrilled to announce that All Things Beauty will now be offering a range of new services including eyelash extensions, permanent makeup for brows, and waxing. I believe that these additions will complement the existing businesses in our area and provide our community with even more options for beauty and self-care. As a fellow business owner, I understand the importance of community support and collaboration. Therefore, I kindly request your support for this expansion. I would greatly appreciate it if you could sign this letter to indicate your comfort with my new services and your welcome as a neighboring business owner. In return, please know that you have my full support as well. If there is anything I can do to assist you or your business, please do not hesitate to reach out. Together, we can create a vibrant and thriving business community that benefits us all. Thank you for taking the time to consider this request. I look forward to continuing to work alongside you and our other neighboring businesses. Warm regards, Rachael Highsmith Owner/All Things Beauty Atelier https:l/app.g rammarly,com/ddocs/2384106759 112 3/8/24,5:31 PM Grammarly Greyscale Tattoo Gallery : r� p✓ https://app.grammarly.com/ddocs/2384106759 2/2 `----__ ichard Road I A%00, % r z y 1 t 1t SYa F � B2 N ® Site W E Property Polygons Shaneequa Creighton s Zoning 5115 Richard Road Building Feet 0 5 10 20 30 40 50 60 ue tt CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SHANEEQUA CREIGHTON [Applicant & Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 5115 Richard Road (GPIN 1467865777). COUNCIL DISTRICT 4 MEETING DATE: May 21, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Family Day-Care home within a townhouse in the Witchduck Arms Townhomes. The 2,765 square foot parcel is zoned A-12 Apartment District. A Family Day-Care Home with four or less children is permitted by-right in apartment and residential districts. When the number of children cared for increases to five or more, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. ■ Considerations: The applicant intends to care for up to 12 children. The ultimate number will be determined by the Department of Education based on their permitting criteria. In-home day care is a valuable service to the community and is consistent with the Comprehensive Plan's vision of creating and maintaining "great neighborhoods" which are sustainable, stable, and supported by complementary non-residential uses. 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 April 10, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1 . Arrival and departure times shall be staggered to avoid vehicular congestion. 2. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 3. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. Shaneequa Creighton Page 2 of 2 4. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Family Day Home Licensing Information Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department elf- City Manager:fol PlanningApplicant & Property Owner Shaneeclua Creighton Agenda Item Commission Public • April City CouncilDistrict • Virginia Beach Request Conditional Use Permit (Family Day-Care Home) Staff Recommendation Approval W LSUMMER CRES 3h Staff Planner = -CAN L As#S" Marchelle Coleman y °ORr — � z Location Q o 5115 Richard Road W �'RG�N`4eF SAN GPIN W A`he�,o o » I 1467865777 N Site Size 2,765 square feet Z 0 W J AICUZ m _ coz� z__- ILEVEI kNDST- -------- Less than 65 dB DNL a Watershed Chesapeake Bay Existing Land Use and Zoning District Townhouse/A-12 Apartment [ Surrounding Land Uses and Zoning Districts North Richard Road -4_. Al, Retail/ B-2 Community BusinessZ SouthAl Retail/ B-2 Community Business East . t Townhouse/A-12 Apartmentx West Townhouse/A-12 Apartment Shaneequa Creighton Agenda Item 9 Page 1 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home for up to 12 children within a townhouse in the Witchduck Arms Townhomes.The 2,765 square-foot parcel is zoned A-12 Apartment District. • The pick-up and drop-off time will be staggered between the operating hours of 6:00 a.m. and 6:30 p.m.to avoid traffic congestion. • The applicant has two-and-a-half years of experience caring for children.According to the applicant,the home daycare will provide care for children between the ages of two and five. • The outdoor play area for the children is provided in the rear yard of the home.The backyard is enclosed by a six- foot tall vinyl privacy fence, as depicted on the site layout on page 5 of this report. A,s 12 B2 AMA Zoning History ,z _ # Request 1 CRZ(A-12 to Conditional B-2)Approved 03/11/2003 2 REZ(A-12 to B-2)Approved 02/22/1994 2 B2 a c,, r 2 52 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STIR—Short Term Rental Evaluation . Recommendation The request for Conditional Use Permit for a Family Day-Care Home, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area.Staff finds the property to be organized and well-kept, successfully promoting the Comprehensive Plan's policies intended to ensure the maintenance and substantiality of great neighborhoods. A Family Day-Care Home with four or less children is permitted by-right in the apartment and residential districts.When the number of children in the daycare increases to five or more, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. Since the applicant intends to care for up to 12 children, a Conditional Use Permit must be approved by the City Council.The ultimate number will be determined by the Commonwealth of Virginia during the childcare licensing process and will be dependent on the ages of the children and whether an assistant is employed,as well as other policies established by the Department of Education; however, no more than 12 children will be permitted. Shaneequa Creighton Agenda Item 9 Page 2 Staff is recommending a condition that pick-up and drop-off times be staggered to avoid the potential for congestion in the right-of-way.Additionally, Staff recommends Condition 2 to limit the number of Home Occupations to one to further minimize traffic impacts on the street. In Staffs view,the Family Day-Care Home will provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. Based on these considerations, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 3. The Family Day-Care Home shall be limited to a total of twelve (121 children, other than children living in the home. 4. No more than one (1)additional employee/volunteer,who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against 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 Shaneequa Creighton Agenda Item 9 Page 3 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. Overall, the proposal is consistent with the Comprehensive Plan's recommendations for this area. , Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. No historical or cultural resources will be affected by this proposal. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-8 ADT Richard Road No Data Available Proposed Land Use 3-46 ADT lAverage Daily Trips 2 as defined by a townhouse 3as defined by a townhouse with a daycare with up to 12 children Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Richard Road is a two-lane local residential street. It is not included in the MTP and no roadway CIP projects are slated for Richard Road. Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 11, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of https://virginiabeach.gov/pc on April 4, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 2024. • 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 May 6, 2024. Shaneequa Creighton Agenda Item 9 Page 4 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on May 17, 2024. Shaneequa Creighton Agenda Item 9 Page 5 Proposed Site Layout a 6-foot a , Privacv Fence Shaneequa Creighton Agenda Item 9 Page 6 Site Photos 1 : t , 1 S' P y b .. t • -i5 r 9 n - s� Shaneequa Creighton Agenda Item 9 Page 7 Disclosure Disclosure Statement VB City ofViryiniu B—h 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 Shaneequa Creighton Does the applicant have a representative? ❑Yes M No • If yes,list the name of the representative. 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) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. `"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Shaneequa Creighton Agenda Item 9 Page 8 Disclosure Disclosure Statement City of L g`n Berwh Planning&Commu ' Development IPF F� Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 9 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-co I late ralization,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 N No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current a nd 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?❑Yes M No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Shaneequa Creighton Agenda Item 9 Page 9 Disclosure Disclosure Statement (d y")"'Yinia B.111h Planning&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?❑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 M 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 0 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,1 am responsible for updatingthe information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Si ature Shaneequa Creighton,Owner Print Name and Title 02-01-2024 Date Is the applicant also the owner of the subject property? 2 Yes ❑ NO • If yes,you do not need to fill out the owner disclosure statement. that pertains to the applications ® No changes as of I — 4/30/2024 1 Print Name Marchelle L. Coleman Revised 11.09.2020 3 Shaneequa Creighton Agenda Item 9 Page 10 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 757-385-5692. • 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. Shaneequa Creighton Agenda Item 9 Page 11 Virginia Beach Planning Commission April 10 2024, Public Meeting Agenda Item # 9 Shaneequa Creighton RECOMMENDED FOR APPROVAL Madam Clerk:: Agenda item number 9, Shaneequa Creighton, is a request for a conditional use permit for a family daycare home at 5115 Richard Road in Council District 4. Mr. Alcaraz: What was the name?. Are you there? Just state your name. Ms. Creighton: Shaneequa Creighton. Mr. Alcaraz: Can you just tell us a little about your application? Ms. Creighton: So, I put in for application to an in home family daycare. The purpose of it because I have a daughter, so that was the motivation behind it. I prefer a home daycare over like a facility daycare for her at this age, because she's 2. So, that was the motivation behind it, and plus my mom and my family will actually be assisting with the daycare as well. We are prior military, myself and my mom, so we want to cater to military families as well because we know that that's hard as well. So that's just a little run down of why would like to have in-home daycare. Mr. Alcaraz: We do have an opposition. They want to speak, and then we will have you come up, and rebut whatever he has to say. Madam Clerk: Mr. Chairman, they are apparently not online right now. Mr. Alcaraz: Okay. Are there any questions for the applicant? Yes, Ms. Byler. Ms. Byler: I admire what you're doing. We absolutely need help with our children, being a working mom, I had four children. I know the struggles, so I can't even imagine military. I do respect what you're trying to do. I had a little concern that you were in a townhouse, and with up to 12 children, I wondered if you thought that might be an issue. Ms. Creighton: No, ma'am. I believe there's ample space because in how I plan on setting it up, like, the whole back area of the townhouse will be completely the daycare, so I'm changing the whole entire back of the house to the daycare. So that wouldn't be an issue. Ms. Byler: And you've spoken to neighbors on either side, and I understand they are supportive of this. Ms. Creighton: Yes. Ms. Byler: Okay, thank you. Mr. Alcaraz: Any other questions? Mr. Plumlee? Mr. Plumlee: I take it this is your first time operating in a facility like this.? Ms. Creighton: Yes, Sir. Mr. Plumlee: And you've obtained insurance and the licensing required by the state.? Ms. Creighton: Well, we have to get the approval from you all first before we can actually get the licensing, but we have taken the classes and everything to be able to get the license for it. Mr. Plumlee: Thank you. Ms. Creighton: Welcome. Mr. Alcaraz: Alright. Any other questions? You may be seated. So opposition is not available? Madam Clerk: They are not online. Mr. Alcaraz: So if I can get a motion. Ms. Hippen: Motion to approve. Mr. Plumlee: Second. Mr. Alcaraz: Motion by Ms. Hippen, and second by Mr. Plumlee to approve. Madam Clerk: The vote is now open. By a vote of 9.0, agenda item number 9 has been recommended for approval. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice- chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from — Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9.0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn't record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hi en AYE Mauch AYE Parks ABSENT Plumlee AYE CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 3. The Family Day-Care Home shall be limited to a total of twelve (121 children, other than children living in the home. 4. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day- Care Home. FAMILY DAY HOME LICENSING INFORMATION PROVIDED BY PATRICIA MEYER WITH THE DEPARTMENT OF EDUCATION'S OFFICE OF CHILD CARE HEALTH AND SAFETY VIRGINIA DEPARTMENT OF EDUCATION OFFICE OF CHILD CARE HEALTH AND SAFETY FAMILY DAY HOME LICENSING INFORMATION Family day home care is the most common form of child care in this country, especially for younger children. Parents may choose family child care for its intimate, home-like setting, flexible hours, consistency of caregiver, and small group size. The Code of Virginia mandates the licensure of family day homes that provide care for five through twelve children (exclusive of the provider's own children and any children who reside in the home). The care may be offered in the home of the provider or in the home of any of the children in care. A family day home caring for more than four children under the age of two, including the provider's own children and any children who reside in the home, must be licensed or voluntarily registered. A family day home where the children in care are all related to the provider by blood or marriage is not required to be licensed. During the absence (less than 24 hours) of a parent or guardian, the licensed family day home provider assumes responsibility for the supervision, protection, and well-being of a child under 13 years of age. Licensing standards, which are proposed by the Virginia Board of Education and enforced by the Virginia Department of Education, ensure that the activities, services, and facilities of the family day home are conducive to the welfare of the children in care. A family day home initially receives a conditional license which is for up to a 6 month period. Licenses may then be renewed and a home may receive a one, two or three year license, depending upon their compliance history. A provisional license for a 6 month period may also be issued due to non-compliance following the issuance of a regular 1, 2 or 3 year license. A licensed family day home receives at least 2 monitoring inspections each year by their assigned inspector. Additional inspections may occur as a result of a self-reported incident, serious injury report or complaint. When non-compliance is found, a violation notice is issued to the provider. If the violation(s) are serious in nature, a determination will be made by the field office whether it is appropriate to recommend an enforcement action in the form of one of more sanctions to be issued to the program. There is an enforcement process that involves review and decision making by home office personnel before a sanction is administered. Providers have a right to appeal violations and sanctions, and there are formal processes for these actions as well. QUESTIONS? Please contact Trish Meyer, Licensing Administrator at 757-510-4026 or via email at patricia.meyerCa@doe.virginia.gov How to Become a Licensed Family Day Home Provider (FDH) 1. Complete the Phase I: Pre-Application Training for Licensed Family Day Homes. This training provides information about the initial application process and important points of consideration prior to applying for licensure. 2. Review the following information: Welcome letter Regulations for General Procedures and Standards for Licensed Family Day Homes I Normas Para Centros De Cuidado Infantil Familiar Diurno Con Licencia o Information about Background Checks for Child Day Programs 3. Contact the Office of Child Care Health and Safety in your region to sign up for Pre-Licensure Orientation for Licensed Family Day Homes - Phase 2. This is a required orientation where licensing inspectors will focus on the Standards for Licensed Family Day Homes and answer any of your questions. 4. Contact your local zoning office to determine the number of children you may request to care for in your home. Note: Written verification of zoning requirements is required as part of the application. 5. Complete an initial application for licensure, and upload the application and all required attachments through the online portal. The following listed documents are required attachments for an initial application for licensure, and will need to be uploaded in the provider portal when submitting your initial application. Model forms are provided below, if available. Application fees are not being collected by the department through June 2025. a Budget form o Zoning form signed by the zoning official o Documentation of completed Phase II Pre-Licensure Orientation o Verification of age for the applicant, assistant(s) and substitute provider(s) o Documentation of the provider's education o Documentation of the provider's programmatic experience o Proof of current first aid and cardiopulmonary resuscitation (CPR) certification o Tuberculosis (TB) Test/Screening results for all caregivers and adult household members (completed within the last 30 days) o Background checks for all caregivers, household members, individuals listed in the business entity section of the application (completed within the last 90 days) o Three letters of reference for all individuals listed in the business entity section of the application - This is not required for public agencies o A credit reference for the business entity - This is not required for public agencies • Documentation of a fictitious name from the Virginia State Corporation Commission (VSCC) if the home will operate under a name other than that of the business entity • If applicable, business entity paperwork such as partnership agreements, association bylaws, or certificates and articles of formation from the VSCC 6. Prepare for your home inspection. After you have completed steps 1-4 and your application is complete, a licensing inspector will contact you to schedule an inspection of your home. 2 Are you interested in becoming a voluntarily registered family day home? Voluntary Registration is a form of regulation available to family day homes that are not required to be licensed. These homes have four or fewer children in care at any one time, not including the provider's own child and any children who legally reside in the home. The program is administered by the Office of Child Care Health and Safety and community-based agencies that have a contract with the Virginia Department of Education (VDOE) to administer the program in specific areas of the state. Regulations for voluntarily registered programs are set forth in 8VAC20-850. To become registered, a family day home provider must submit an application, a $50.00 non- refundable application fee, and the results of a TB screening, the results of a criminal history search, the results of a child abuse registry search, and a completed sworn statement or affirmation for themselves, any adults that reside in the home, any assistants and any substitute providers. Additional requirements include a child abuse registry search for children, 14 to 17 years of age, residing in the home. Lastly, they must complete a self-assessment of their compliance with the health and safety requirements using the health and safety checklist. The contract agency or the Office of Child Care Health and Safety will conduct a home inspection to confirm compliance with the health and safety requirements. Upon recommendation for approval, the Superintendent for Public Instruction issues a two-year certificate of registration. During the two-year period, the contracting agency and VDOE licensing staff monitor a sample number of registered homes for compliance with the requirements. Voluntarily registered homes that are subsidy vendors will receive annual inspections to determine compliance with the Code and the subsidy health and safety requirements. Start by reviewing the welcome letter and review the resources below: • Voluntary Registration of Family Day Homes: Requirements for Providers (regulation) I Registro Voluntario de Hogares Familiares Diurnos: Requisitos Para Los Proveedores • Information on background checks for child day programs How to Apply for Initial Registration 1. Determine if your home is located in a city/county administered by the Office of Child Care Health and Safety or contract agency. 2. Complete the following application documents and obtain all required attachments. The documents listed below are required for a complete application. Model forms are provided below, if available. • Application for Voluntary Registration (PDF) • Report of Tuberculosis Screening Evaluation (PDF) • Health and Safety Checklist (PDF) • Copies of required background checks for all caregivers and household members completed within the last 90 days 3. Submit your completed application and all required attachments to the Office of Child Care Health and Safety or contract agency depending on where your program is located. 4. Prepare for your home inspection. 3 8VAC20-800-40. Capacity. A. The provider shall ensure that the total number of children receiving care at any one time does not exceed the maximum licensed capacity of the home. B. When at least one child receives care for compensation, all children, exclusive of the provider's own children and children who reside in the home,who are in the care and supervision of a provider, count in the licensed capacity. C. The department will establish the home's maximum capacity based on the following factors: 1. The availability of adequate space to allow each child free movement and active play indoors and outdoors as required by 8VAC20-800-380; 2. The provider's responsibility to care for another individual who may require special attention or care, including but not limited to a child with a serious physical, emotional, or behavioral condition; or 3. The issuance of a special order to limit capacity pursuant to § 22.1-289.023 of the Code of Virginia. 8VAC20-800-380. Space. The home shall provide each child with adequate space to allow free movement and active play indoors and out. 8VAC20-800-570. Determining need for additional caregiver. A. The provider shall ensure that a caregiver does not exceed 16 points by using the following point system to determine if an additional caregiver is needed: 1. Children from birth through 15 months of age count as four points each; 2. Children from 16 months through 23 months of age count as three points each; 3. Children from two through four years of age count as two points each; 4. Children from five years through nine years of age count as one point each; and 5. Children who are 10 years of age and older count as zero points. B. A caregiver's own children and resident children under eight years of age count in point maximums. FOR MORE INFORMATION GO TO: www.childcare.vir ig nia.gov 4 COMMONWEALTH OF VIRGINIA DEPARTMENT OF EDUCATION CONTACT WITH LOCAL ZONING ADMINISTRATOR THE FOLLOWING INDIVIDUAL PLANS TO SUBMIT AN APPLICATION FOR A LICENSE TO OPERATE A FAMILY DAY HOME PURSUANT TO §§ 22.1-289.02 and 22.1-289.011 OF THE CODE OF VIRGINIA To Be Completed by Operator of Family Day Home NAME OF APPLICANT PHYSICAL ADDRESS STREET OR ROUTE NO. CITY STATE ZIP APPLICANT'S PHONE NO.: EMAIL ADDRESS: THE HOME IS LOCATED IN THE COUNTY OR CITY OF APPLICANT IS REQUESTING A LICENSE TO CARE FOR THE FOLLOWING NUMBER OF CHILDREN (NOT INCLUDING CHILDREN WHO RESIDE IN THE HOME): To Be Completed by Local Zoning Administrator THE ZONING ADMINISTRATOR'S SIGNATURE ON THIS FORM VERIFIES THAT THE APPLICANT HAS INFORMED THE ZONING ADMINISTRATOR OF HIS/HER PLANS TO APPLY FOR A LICENSE TO OPERATE A FAMILY DAY HOME AT THE ADDRESS ABOVE. Tax Map# Parcel # Zoning District Printed Name of Zoning Administrator Signature of Zoning Administrator Date Telephone Number: Email Address: Comments: 5 0 O � o oE5�_R1"0 �Rf0 13 p 'ha ven Parkway I. '— - ` _ r--kway �D shaven Pa - �� R10 n° n O e —y o R�7:5 ,��os - erhedge E::D R7 5 o �-DeV woospn _ o � way .�� R7.5 0 cc R10 RT 5 o o N 7 Site _ F Property Polygons Phenomenal Kidz s Zoning 1600 Castlefield Road Building Feet 0 2550 100 150 200 250 300 rf�Nu�Ht 7-j 4• " CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PHENOMENAL KIDZ [Applicant] CRESCENTE & MERYLL DELGADO [Property Owners] Conditional Use Permit (Family Day-Care Home) for the property located at 1600 Castlefield Road (GPIN 1475555115). COUNCIL DISTRICT 7 MEETING DATE: May 21, 2024 ■ Background: The applicant is seeking a Conditional Use Permit to establish a Family Day-Care Home at 1600 Castlefield Road within the Coventry subdivision. The applicant is requesting to operate a day-care for up to 12 children between the ages of one and five in a single-family dwelling. The ultimate number of children will be determined by the Department of Education based on their permitting criteria. The applicant's primary clients will be military families, many of whom have early and late hours during which they will need access to childcare. The applicant plans to provide care seven days a week when needed and would take children from 5:00 a.m. to midnight. On a limited basis, the applicant will also provide overnight care for up to four children at a time. ■ Considerations: Childcare will take place within an existing single-family dwelling that has a fully enclosed rear yard. The use supports the Comprehensive Plan's goal for establishing and sustaining "Great Neighborhoods" in the Suburban Area by providing a necessary and complementary non-residential use in this neighborhood. The earlier and later-than typical hours will also help lessen traffic impacts of parents dropping off/picking up children on adjacent residents by spreading the times across a larger range and by occurring during off-peak hours of travel. The applicant has provided four signatures of support from adjacent neighbors. 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 April 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. Phenomenal Kidz Page 2 of 3 1. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 2. The Family Day-Care Home shall be limited to a total of twelve(12)children, other than children living in the home. 3. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 6. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front facade of the house. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 9. Up to 4 children are permitted to be cared for overnight with this Family Day- Care Home Conditional Use Permit. 10. Arrival and departure times shall be staggered to avoid vehicular congestion. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Signatures of Support (4) Family Day Home Licensing Information Phenomenal Kidz Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Department City Manager:/ko Item Applicant Phenomenal • •. Planning Commission PublicApril 10, 2024 City Council District 7 6 Virginia Beach Request Conditional Use Permit (Family Day-Care Home) Staff Recommendation oeRBY W"ARF°R Approval REVERE OR WLSRA�M OR a0 a° CLEMSFORO OR Staff Planner eO�F F20TtwELL OR Z o6a Elizabeth Nowak ° p1CASS0 OR O F Location LYNN�VEN PKWY 1600 Castlefield Road OEVON WAY GPIN BROMPTON OR 1475555115 W • Site Size PR°M°aE`N 9,366 square feet HONEYCUTTYYAY GREY FRLARSC"ASE ! AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts .` J J North PKWY Lynnhaven Parkway `LYNN�NEN _ Single-family dwelling/ R-10 ResidentialWNW IAP .. _ South Castlefield Road +/'.. ' '+ Single-family dwelling/ R-7.S Residential East � ._, `r • + `i °.�''" Single-family dwelling/ R-10 Residential 71 ` West Single-family dwelling/ R-7.5 Residentialr- e'T 6 p O Phenomenal Kidz Agenda Item 6 Page 1 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit to establish a Family Day-Care Home at 1600 Castlefield Road within the Coventry subdivision.The applicant is requesting to operate a day-care for up to 12 children between the ages of one and five in a single-family dwelling. • The 2,107 square feet home has a fenced-in backyard with play equipment where children will play outdoors. No exterior alterations or changes are being proposed. • The applicant's primary clients will be military families, many of whom have early and late hours during which they will need to access childcare.The applicant plans to provide care seven days a week when needed and would take children from 5:00 a.m.to midnight. On a limited basis,the applicant will also provide overnight care for up to three children at a time. • Given the applicant's client's needs for flexibility with pick up and drop off times,the applicant does not have a set drop off/pick up schedule. Parents may drop off/pick up as early as 5:00 a.m. and as late as midnight.The applicant's house is located at the end of a cul-de-sac street and has space in the driveway for up to four vehicles. R10 R10 IYNMHAVo PKW0- No zoning history to report. 0 r a R1 R7.` TP m O A .5 ` �O Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STIR—Short Term Rental Evaluation : Recommendation In Staff's opinion,this request for a Conditional Use Permit for a Family Day-Care Home is acceptable. Childcare will take place within an existing single-family dwelling that has a fully enclosed rear yard. Staff finds the use supports the Comprehensive Plan's goal for establishing and sustaining"Great Neighborhoods" in the Suburban Area by providing a necessary and complementary non-residential use in this neighborhood.The property, in Staff's opinion, is organized, well-kept, and provides a needed service to the community and, with the conditions listed in the Staff report, will not be detrimental to any adjacent land uses. Staff acknowledges that the proposed hours of operation are much longer than other recent applications for Family Day- Care Homes. It is Staff's opinion that the need for these hours is justifiable and provides a needed service for the Virginia Beach community, specifically military families.The earlier and later-than typical hours will also help lessen traffic Phenomenal Kidz Agenda Item 6 Page 2 impacts of parents dropping off/picking up children on adjacent residents by spreading the times across a larger range and by occurring during off-peak hours of travel.The applicant has provided four signatures of support from adjacent neighbors. Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. There shall be only one Home Occupation operating on the property at a time,such as the Family Care-Day Home associated with this Conditional Use Permit. 2. The Family Day-Care Home shall be limited to a total of twelve (12)children, other than children living in the home. 3. No more than one (1) additional employee/volunteer,who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1)square foot in area and mounted flat against the residence. 5. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license&h"may result in revocation of the Family Day-Care Home Conditional Use Permit. 6. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front facade of the house. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 9. Up to 4 children are permitted to be cared for overnight with this Family Day-Care Home Conditional Use Permit. 10. Arrival and departure times shall be staggered to avoid vehicular congestion. 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 project falls within the Suburban Area and is not within any of the special areas identified by the Comprehensive Plan. A guiding principle of the Suburban Area is to maintain and create "Great Neighborhoods," which are thriving Phenomenal Kidz Agenda Item 6 Page 3 residential areas that have access to and are supported by complementary non-residential uses.The addition of a Family Day-Care Home is compatible with that principle as it provides a needed residential service that has a relative low intensity. ResourcesNatural & Cultural • The site is located in the Southern Rivers Watershed; no site improvements are proposed as part of this project that would trigger special regulations associated with this area. No known historic or cultural resources will be affected by this project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT' Castlefield Road No data available Proposed Land Use 3—58 ADT 3Average Daily Trips gas defined by a single-family 3as defined by a single-family residence residence with a day-care with up to 12 children Master Transportation Plan (MTP) and Capital Improvement Program (CIP) In the vicinity of this application, Castlefield Road is considered a two-lane undivided local street. It is not included in the MTP and no CIP projects are slated for this area. Public Utility Impacts Water&Sewer The site connects to City water and sewer. PublicOutreach Information Planning Commission • The applicant sent a letter to her immediate neighbors and received four signatures of support on a petition letter explaining her proposed Family Day-Care Home. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on March 11, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of https://virginiabeach.gov/pc on April 4, 2024. Phenomenal Kidz Agenda Item 6 Page 4 City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 2024. • 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 May 6, 2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https:Hclerk.virginiabeach.gov/city-council on May 17, 2024. Phenomenal Kidz Agenda Item 6 Page 5 Proposed Layout r P r p �'NNHAVEN PKYrY - � 6-foot tall privacy fence �w -4 so 4 J _ w i z Phenomenal Kidz Agenda Item 6 Page 6 Site Photos Ilk I lY 1 • 4 , t zip,#pTag*M!�w-+:'1w— q < 3 1 / t • kY s. • Y .'t 1• i• • e Site Photos m F •« 04 L g eye c° a eh}�a;p'gx`3�* ``i� G P , -6 'r r 9 {... T .. Phenomenal Kidz Agenda Item 6 Page 8 Disclosure Disclosure Statement 10 �� ' Planning&Community Pxvelopment 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 Phenomena] Kidz Does the applicant have a representative? ❑Yes ❑NO • If yes,list the name of the representative. / Isda mppBtsnt a corporation,partnership,firm,business,trust or an unincorporated business?21 Yes ❑No • JkvkYftthe names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Rebecca Lister • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attac a list If necessary) '"Parent-subsldlary 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 Interev Act,VA.Code 4 2.2.3101. 1'AMliated business entity relationship'means'a relationship,other than parent-subsidiary relationship,that exists when(1)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(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 entitles.'See State and Local Govemment Conflict of Interests Act,V Code 4 2.2.3101. Rrvlird 11.09.2020 11 P a g LTJ CamScannci' CamScanner Phenomenal Kidz Agenda Item 6 Page 9 Disclosure Disclosure StatementVO Planning&Community Ucvr_IopmenC� Known Interest by Public Official or Employee Does an official or employee or 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•coilaterailcation,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 DQ 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 DQ 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. Mnr)n C GQQ j P/Dedra Moon 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 DA,No • If yes,Identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,Identify the purchaser and purchaser's service providers. t Rrvlsed 11.09.2020 2 1 P a 6 e ®CamScannc Cam Scanner Phenomenal Kidz Agenda Item 6 Page 10 Disclosure Disclosure Statement Planning&Community Development ------------- 6. Does the applicant have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?❑Yes �Q No . If yes,identify the company and Individual providing the service. 7. Does the applicant have an englneer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?0 Yes NLNo • I(yes,Identify the firm and Individual providing the service. S. Is the applicant receiving legal services In connection with the subject of the application or any business operating or to be M operated on the property?O Yes Ip 0 . 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 Informadon provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or commtttee In connection with this application. 2;�� A /nntSignature hfPc��/.S�Pr 'V CJ/I r Print Name and Title /v J21-L 2CIzX Date Is the applicant also the owner of the subject property? ❑YeS IXNo • If yes,you do not need to fill out the owner disclosure statement. ONLY/FOR CITY USE that pertains to the applications Nodangnasof oat. 05/01/2024 1 Fli,abeth Nowak sign"un ►Ant Nana Revised 11.09.2020 3 l P a g mCamScanner CamScanner Phenomenal Kidz Agenda Item 6 Page 11 Disclosure Disclosure Statement Planning&Community Development Owner Disclosure Owner Name LIZ�S 1= � MFMLL DC-,( /�00 Applicant Name Phenomenal Kidz is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes XNo • 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 officlal 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 Ye5 *NO . If yes,what is the name of the official or employee and what is the nature of the interest? ''Parent-subsldiary 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 4 2 2.3101. 4'Affiliated business entity relationship"means'a relationship,other than parent-subsldiary relationship,that exists when(i)one business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner In one entity Is also a controlling owner In the other entity,or(in)there Is shared management or control between the business entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entltles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there Is otherwise a close working relationship between the entities'See State and Local Government Conflict of Interests Act,Va. code 4 2.2-3101. revised 11.09.1010 5 1 P a g e ®CamScanner CamScanner Phenomenal Kidz Agenda Item 6 Page 12 Disclosure n v Disclosure Statement e U ��•!1�'T^M A Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralitation,etc)or are they considering arty financing in connection with the subject of the application or any business operating or to be operated on the property? Q0 Yes ❑No • If yes,identify the financial institutions providing the service. writ c �(�o {tZVYLF— yy�-61t>b� 2. Doesthe Ownerhave 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 subjec of the application or any business operating or to be operated on the property?❑Yes .W 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 Z No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes �$No . If yet,identify the purchaser and purchasers service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑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 PI No • If yes,Identify the firm and individual providing the service. trh•,rcd».m mzn 6 1 P-1 Cam Scanner Phenomenal Kidz Agenda Item 6 Page 13 I— Disclosure Statement Disclosure Statement E n s aYHI-,—r„A C.1 __ --- Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?I--)Yes P1 No If yes,identify the firm and individual providing legal the service. Owner Signature certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature � 7 � Lb�t�o 117en 11 ��1°I cl'1v Print Name and Title M/Fr- 2oty Date Rnnrd 11.0?.7070 71Pa6e CamScanner Phenomenal Kidz Agenda Item 6 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Phenomenal Kidz Agenda Item 6 Page 15 Virginia Beach Planning Commission April 4, 2024, Public Meeting Agenda Item # 6 Phenomenal Kidz RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Agenda item number 6, Phenomenal Kidz. Is there a representative here today? Please come forward. Hello. Could you please state your name for the record? Ms. Lister: Rebecca Lister. Ms. Cuellar: Are the conditions acceptable to you? Ms. Lister: Yes. Ms. Cuellar: Thank you very much. You may be seated. Is there any opposition to this item being on the consent agenda? Hearing none, I've asked Commissioner Hippen to please read this into the record. Ms. Hippen: The applicant, Phenomenal Kidz, is seeking a conditional use permit to establish a family-daycare home at 1600 Castlefield Road within the Coventry subdivision. The applicant is requesting to operate a daycare for up to 12 children between the ages of 1 and 5 in a single-family dwelling. The 2,100 square foot home has a fenced in backyard with play equipment where children will play outdoors. The applicant's primary clients will be military families. Care will occur seven days a week. On a limited basis, the applicant will also provide overnight care for up to three children at a time. Given the applicant's client's needs for flexibility with pickup and drop- off times, the applicant does not have a set drop-off pickup schedule. We wish that this be placed on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1 , 2, 3, 4, 5, 6, 7, 8, 10, 11 , and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from — Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn't record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hi en AYE Mauch AYE Parks ABSENT Plumlee AYE CONDITIONS 1. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 6. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front fagade of the house. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 9. Up to 4 children are permitted to be cared for overnight with this Family Day-Care Home Conditional Use Permit. lo. Arrival and departure times shall be staggered to avoid vehicular congestion. Shamar & Rebecca Lister 1600 Castlefield Rd Virginia Beach, VA, 23456 March 5, 2024 Dear Neighbor's, I hope this letter finds you well. I am writing to inform you that I am planning to operate a home daycare at my residence 1600 Castlefield Rd. I understand that this may raise some concerns or questions, so I wanted to reach out to you directly to address any potential issues and to ensure that you are comfortable with my plans. First and foremost, I want to assure you that I am fully committed to maintaining a safe and nurturing environment for the children in my care. I have obtained all necessary licenses and certifications required by the state, and I will adhere to all regulations and guidelines set forth by local authorities regarding home daycare operations. I understand the importance of being a considerate and respectful neighbor, and I will take all necessary steps to minimize any potential disruptions to our neighborhood. This includes ensuring that drop-off and pick-up times are coordinated to avoid congestion, keeping noise levels to a minimum, and maintaining a clean and orderly property. Thank you for your understanding and support. I look forward to being a responsible member of our community and providing a valuable service to families in the area. Sincerely, Shamar & Rebecca Lister Neighbor's COName vl�V-� , f �v,, Neighbor's Address >' �y g �GS��-e1P� O-J City, State, Zip Code UCr aec (kA )IA- L-15t0 Neighbor's � re r .W As h ► D Name UJ Neighbor's Address (o 0 City, State, Zip Code VQ ,{ CJ-) ock Neighbor's Name lsk� Neighbor's Address CGI Y Q� City, State, Zip Code ,',. l 23Y-56� Neighbor's Name C c cu t co IF, \I G n u Neighbor's Address ) (go 5 c Q A R � City, State, Zip CodeV i r G k' n 'k CA ►cD A C � . �1 h D 3 FAMILY DAY HOME LICENSING INFORMATION PROVIDED BY PATRICIA MEYER WITH THE DEPARTMENT OF EDUCATION'S OFFICE OF CHILD CARE HEALTH AND SAFETY VIRGINIA DEPARTMENT OF EDUCATION OFFICE OF CHILD CARE HEALTH AND SAFETY FAMILY DAY HOME LICENSING INFORMATION Family day home care is the most common form of child care in this country, especially for younger children. Parents may choose family child care for its intimate, home-like setting, flexible hours, consistency of caregiver, and small group size. The Code of Virginia mandates the licensure of family day homes that provide care for five through twelve children (exclusive of the provider's own children and any children who reside in the home). The care may be offered in the home of the provider or in the home of any of the children in care. A family day home caring for more than four children under the age of two, including the provider's own children and any children who reside in the home, must be licensed or voluntarily registered. A family day home where the children in care are all related to the provider by blood or marriage is not required to be licensed. During the absence (less than 24 hours) of a parent or guardian, the licensed family day home provider assumes responsibility for the supervision, protection, and well-being of a child under 13 years of age. Licensing standards, which are proposed by the Virginia Board of Education and enforced by the Virginia Department of Education, ensure that the activities, services, and facilities of the family day home are conducive to the welfare of the children in care. A family day home initially receives a conditional license which is for up to a 6 month period. Licenses may then be renewed and a home may receive a one, two or three year license, depending upon their compliance history. A provisional license for a 6 month period may also be issued due to non-compliance following the issuance of a regular 1, 2 or 3 year license. A licensed family day home receives at least 2 monitoring inspections each year by their assigned inspector. Additional inspections may occur as a result of a self-reported incident, serious injury report or complaint. When non-compliance is found, a violation notice is issued to the provider. If the violation(s) are serious in nature, a determination will be made by the field office whether it is appropriate to recommend an enforcement action in the form of one of more sanctions to be issued to the program. There is an enforcement process that involves review and decision making by home office personnel before a sanction is administered. Providers have a right to appeal violations and sanctions, and there are formal processes for these actions as well. QUESTIONS? Please contact Trish Meyer, Licensing Administrator at 757-510-4026 or via email at patricia.meyerC@doe.virginia.gov 1 How to Become a Licensed Family Day Home Provider (FDH) 1. Complete the Phase I: Pre-Application Training for Licensed Family Day Homes. This training provides information about the initial application process and important points of consideration prior to applying for licensure. 2. Review the following information: o Welcome letter o Regulations for General Procedures and Standards for Licensed Family Day Homes I Normas Para Centros De Cuidado Infantil Familiar Diurno Con Licencia o Information about Background Checks for Child Day Programs 3. Contact the Office of Child Care Health and Safety in your region to sign up for Pre-Licensure Orientation for Licensed Family Day Homes - Phase 2. This is a required orientation where licensing inspectors will focus on the Standards for Licensed Family Day Homes and answer any of your questions. 4. Contact your local zoning office to determine the number of children you may request to care for in your home. Note: Written verification of zoning requirements is required os part of the application. 5. Complete an initial application for licensure, and upload the application and all required attachments through the online portal. The following listed documents are required attachments for an initial application for licensure, and will need to be uploaded in the provider portal when submitting your initial application. Model forms are provided below, if available. Application fees are not being collected by the department through June 2025. o Budget form o Zoning form signed by the zoning official o Documentation of completed Phase II Pre-Licensure Orientation o Verification of age for the applicant, assistant(s) and substitute provider(s) o Documentation of the provider's education o Documentation of the provider's programmatic experience o Proof of current first aid and cardiopulmonary resuscitation (CPR) certification o Tuberculosis (TB) Test/Screening results for all caregivers and adult household members (completed within the last 30 days) o Background checks for all caregivers, household members, individuals listed in the business entity section of the application (completed within the last 90 days) o Three letters of reference for all individuals listed in the business entity section of the application - This is not required for public agencies o A credit reference for the business entity - This is not required for public agencies o Documentation of a fictitious name from the Virginia State Corporation Commission (VSCC) if the home will operate under a name other than that of the business entity • If applicable, business entity paperwork such as partnership agreements, association bylaws, or certificates and articles of formation from the VSCC 6. Prepare for your home inspection. After you have completed steps 1-4 and your application is complete, a licensing inspector will contact you to schedule an inspection of your home. 2 Are you interested in becoming a voluntarily registered family day home? Voluntary Registration is a form of regulation available to family day homes that are not required to be licensed. These homes have four or fewer children in care at any one time, not including the provider's own child and any children who legally reside in the home. The program is administered by the Office of Child Care Health and Safety and community-based agencies that have a contract with the Virginia Department of Education (VDOE) to administer the program in specific areas of the state. Regulations for voluntarily registered programs are set forth in 8VAC20-850. To become registered, a family day home provider must submit an application, a $50.00 non- refundable application fee, and the results of a TB screening, the results of a criminal history search, the results of a child abuse registry search, and a completed sworn statement or affirmation for themselves, any adults that reside in the home, any assistants and any substitute providers. Additional requirements include a child abuse registry search for children, 14 to 17 years of age, residing in the home. Lastly, they must complete a self-assessment of their compliance with the health and safety requirements using the health and safety checklist. The contract agency or the Office of Child Care Health and Safety will conduct a home inspection to confirm compliance with the health and safety requirements. Upon recommendation for approval, the Superintendent for Public Instruction issues a two-year certificate of registration. During the two-year period, the contracting agency and VDOE licensing staff monitor a sample number of registered homes for compliance with the requirements. Voluntarily registered homes that are subsidy vendors will receive annual inspections to determine compliance with the Code and the subsidy health and safety requirements. Start by reviewing the welcome letter and review the resources below: • Voluntary Registration of Family Day Homes: Requirements for Providers (regulation) I Registro Voluntario de Hogares Familiares Diurnos: Requisitos Para Los Proveedores • Information on background checks for child day programs How to Apply for Initial Registration 1. Determine if your home is located in a city/county administered by the Office of Child Care Health and Safety or contract ate. 2. Complete the following application documents and obtain all required attachments. The documents listed below are required for a complete application. Model forms are provided below, if available. • Application for Voluntary Registration (PDF) • Report of Tuberculosis Screening Evaluation (PDF) • Health and Safety Checklist (PDF) • Copies of required background checks for all caregivers and household members completed within the last 90 days 3. Submit your completed application and all required attachments to the Office of Child Care Health and Safety or contract agency depending on where your program is located. 4. Prepare for your home inspection. 3 8VAC20-800-40. Capacity. A. The provider shall ensure that the total number of children receiving care at any one time does not exceed the maximum licensed capacity of the home. B. When at least one child receives care for compensation, all children, exclusive of the provider's own children and children who reside in the home, who are in the care and supervision of a provider, count in the licensed capacity. C. The department will establish the home's maximum capacity based on the following factors: 1. The availability of adequate space to allow each child free movement and active play indoors and outdoors as required by 8VAC20-800-380; 2. The provider's responsibility to care for another individual who may require special attention or care, including but not limited to a child with a serious physical, emotional, or behavioral condition; or 3. The issuance of a special order to limit capacity pursuant to § 22.1-289.023 of the Code of Virginia. 8VAC20-800-380. Space. The home shall provide each child with adequate space to allow free movement and active play indoors and out. 8VAC20-800-570. Determining need for additional caregiver. A. The provider shall ensure that a caregiver does not exceed 16 points by using the following point system to determine if an additional caregiver is needed: 1. Children from birth through 15 months of age count as four points each; 2. Children from 16 months through 23 months of age count as three points each; 3. Children from two through four years of age count as two points each; 4. Children from five years through nine years of age count as one point each; and 5. Children who are 10 years of age and older count as zero points. B. A caregiver's own children and resident children under eight years of age count in point maximums. FOR MORE INFORMATION GO TO: www.childcare.vir ig nia.gov 4 COMMONWEALTH OF VIRGINIA DEPARTMENT OF EDUCATION CONTACT WITH LOCAL ZONING ADMINISTRATOR THE FOLLOWING INDIVIDUAL PLANS TO SUBMIT AN APPLICATION FOR A LICENSE TO OPERATE A FAMILY DAY HOME PURSUANT TO §§ 22.1-289.02 and 22.1-289.011 OF THE CODE OF VIRGINIA To Be Completed by Operator of Family Day Home NAME OF APPLICANT PHYSICAL ADDRESS STREET OR ROUTE NO. CITY STATE ZIP APPLICANT'S PHONE NO.: EMAIL ADDRESS: THE HOME IS LOCATED IN THE COUNTY OR CITY OF APPLICANT IS REQUESTING A LICENSE TO CARE FOR THE FOLLOWING NUMBER OF CHILDREN(NOT INCLUDING CHILDREN WHO RESIDE IN THE HOME): To Be Completed by Local Zoning Administrator THE ZONING ADMINISTRATOR'S SIGNATURE ON THIS FORM VERIFIES THAT THE APPLICANT HAS INFORMED THE ZONING ADMINISTRATOR OF HIS/HER PLANS TO APPLY FOR A LICENSE TO OPERATE A FAMILY DAY HOME AT THE ADDRESS ABOVE. Tax Map # Parcel # Zoning District Printed Name of Zoning Administrator Signature of Zoning Administrator Date Telephone Number: Email Address: Comments: 5 ��N� �IMlll� AIM�� '�� ,i,,• �1 y „ 1 � 1 �1 •1 � 1 1 � 11 � i1 S r z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: INTI & LUGH VENTURES, LLC DBA RELIABLE DETAILERS [Applicant] TIMBERLAKE SHOPPING CENTER ASSOCIATES, LLC [Property Owner] Conditional Use Permit (Car Wash Facility) for the property located at 4239 Holland Road, Suite 772 (GPIN 1476868558). COUNCIL DISTRICT 10 MEETING DATE: May 21, 2024 ■ Background: The applicant seeks a Conditional Use Permit to operate a Car Wash Facility in a 2,652 square-foot suite of the Timberlake Shopping Center in order to operate an auto-detailing business. The facility will have a rinse and wash station at the rear entrance in which employees will handwash and detail personal vehicles. Most of the detailing will be conducted outdoors, however, there is an overhead door with access to the interior of the suite, which will allow some work, such as handwashing vehicles, to occur indoors if needed. Service will be by appointment only and employees will have patrons wait inside or drop off their vehicles. The applicant plans to operate primarily between 9:00 a.m. and 5:00 p.m., Monday through Friday. During the summer, hours of operation would extend to seven days a week. No alterations to the building are proposed with the exception of the signage for the suite which will be updated to reflect the new tenant. ■ Considerations: The shopping center is a well-established anchor in the Timberlake area and provides a range of commercial services and businesses for nearby residents. It is located on Holland Road and South Plaza Trail, both well-traveled routes in the city, an appropriate location for commercial uses. The applicant's proposal includes no major alterations to the existing building and, while it will add to the mix of businesses in the shopping center, no negative traffic impacts are anticipated as a result of this use. The low volume of serviced vehicles in conjunction with typical operations at this part of the shopping center (i.e., loading and unloading of trucks for other businesses, dumpster service, etc.) will have a minimal effect on neighbors. 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 April 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. Inti & Lugh Ventures, LLC dba Reliable Detailers Page 2 of 2 1. The operation of this use shall be in substantial conformance with i the submitted concept plan entitled "Proposed Car Wash Facility" and exhibited in the Staff Report dated April 10, 2024. 2. Hours of operation for the Car Wash Facility shall be limited to 9:00 a.m. to 5:00 p.m., seven days a week. 3. All washing and detailing of vehicles shall only occur within the existing suite or the area identified on the concept plan "Proposed Car Wash Facility" and exhibited in the Staff Report dated April 10, 2024. This area shall be visibly identified on site either by paint or bollards and rope. 4. All water, runoff, or other liquid or debris generated by this use shall be collected and disposed of in accordance with stormwater regulations. 5. Vehicles will only be located in the servicing area at the rear of the building when being actively detailed. In the event there is a queue for services, vehicles shall be parked in the primary parking lot until they are to be serviced. 6. No repairs of motor vehicles shall occur. 7. No outside storage of equipment, parts, tires, merchandise or materials shall be permitted on the site. 8. No outside storage of vehicles in a state of obvious disrepair shall be permitted, including overnight parking of client vehicles at the rear of the shopping center building. 9. The use of amplified speakers outdoors is prohibited. 10.The removable drain seal used to prevent runoff from this use directly entering the stormwater system shall not be installed during inclement weather and shall be removed at the end of each day. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. n Submitting Department/Agency: Planning Department City Manager: Applicant Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item Property OwnerTirnberlakeShopping • Planning Commission PublicApril CouncilCity Virginia Beach Request Conditional Use Permit (Car Wash Facility) Staff Recommendation '°�Ecr, Approval y°s9P Staff Planner d g Elizabeth Nowak k Location goq�R 4239 Holland Road, Suite 772 ;v o GPIN _ 1476868558 Z Site Size 2,652 square feet AICUZ J2� Less than 65 dB DNL �i`eFRr , Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping center/PD-H1 Planned Unit7wi ' Development 4 ° w Surrounding Land Uses and Zoning Districts North 4 Holland Road �,, � �� Shopping center/ B-2 Community Business o South Townhomes/ PD-H1 Planned Unit DevelopmentIt East S. Plaza TrailMj' a c / '` Apartments/ PD-H1 Planned Unit DevelopmentZ � � ;¢ �. West rto '' Z �� ,. r� , Townhomes, Mini-warehouse/ PD-H1 Planned An i ±d ,, �i �, � �a�,' Unit Development ' �" „ f� 4d _ Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page 1 Background SummaryofProposal • The applicant seeks a Conditional Use Permit to operate a Car Wash Facility in a 2,652 square-foot suite of the Timberlake Shopping Center.There is an existing auto-detailing business operating in this suite of the shopping center; this application will add hand-washing and detailing services offered at this location.The store currently sells items related to auto care and cleaning.The retail portion of the operations will remain but will be operated under a new name. • Timberlake Shopping Center is zoned PD-H1 as part of the Timberlake Land Use Plan.The land use plan limits uses on this parcel to those listed in the B-2 Community Business District. Car Wash Facilities are conditionally permitted in the B-2 Community Business District.Other businesses operating in this shopping center include restaurants, personal services, a gym, a dental office, and other convenience and supply stores. • The Car Wash Facility that the applicant is proposing is a limited operation that will be located at the rear of the suite in the loading area of the shopping center.There will be a rinse and wash station at the rear entrance in which employees will handwash and detail personal vehicles. Most of the detailing will be conducted outdoors, however, there is an overhead door with access to the interior of the suite. Some work,such as handwashing vehicles, may occur indoors. • The applicant will mark the outdoor area for detailing with paint on the existing pavement and/or with temporary bollards and ropes. • When handwashing vehicles,the applicant will place a removable drain seal atop the stormwater drain in the loading area behind their suite to prevent runoff from directly entering the stormwater system untreated. Runoff collected on the seal will need to be left to evaporate or otherwise collected,treated, and discharged in accordance with stormwater regulations. • The applicant plans to operate primarily between 9:00 a.m. and 5:00 p.m., Monday through Friday. During the summer, hours of operation would extend to seven days a week. • Services are scheduled by appointment to avoid having customers waiting in a queue. No cars will be stacked at the rear of the site waiting for services. Employees will have patrons wait inside or drop off their cars out front and will drive the car out back to wash it and return it to the front upon completion. • The applicant intends to update signage for the business on the existing monument style sign by replacing the existing sign plate. Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page 2 82 Zoning History # Request 4 1 LUP Amendment Approved 06/18/2019 PDHt d` REZ(PD-H1 Timberlake Land Use Plan)Approved ' oz 06/14/1971 2 CUP(Tattoo Parlor)Approved 10/17/2017 Pp . CUP(Indoor Recreational Facility)Approved 04/05/2016 CUP(Indoor Recreational Facility)Approved 07/03/2012 �cr CUP(Motor Vehicle Rentals)Approved 08/27/1996 --— 3 CUP(Communication Tower)Approved 10/14/2008 MDC(Timberlake Land Use Plan)Approved 10/14/2008 PD PDH1 A LUP Amendment Approved 11/08/1995 BOOR 4 LUP Amendment Approved 11/08/1995 PDH1 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—ConditionalRezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation : Recommendation In Staff's opinion,this request for a Conditional Use Permit to operate a Car Wash Facility in the Timberlake Shopping Center is acceptable.The shopping center is a well-established anchor in the Timberlake area and provides a range of commercial services and businesses for nearby residents.As part of the Suburban Area identified in the Comprehensive Plan,Timberlake Shopping Center continues to support the plan's goals for the development of Great Neighborhoods by providing necessary and appealing services for adjacent residential areas. It is located on Holland Road and South Plaza Trail, both well-traveled routes in the city, an appropriate location for commercial uses.The applicant's proposal includes no major alterations to the existing building and,while it will add to the mix of businesses in the shopping center, no negative traffic impacts are anticipated as a result of this use. Unlike automated car washes which can service hundreds of vehicles daily,the applicant estimates that only four to six vehicles will be serviced daily at the handwashing and detailing operation.The activity will take place in a defined area at the rear of the building in the loading area, a part of the shopping center that is well screened from Holland Road and South Plaza Trail by the existing building. While townhomes do abut the rear of the shopping center,there is an existing six-foot tall privacy fence that separates the residences from the shopping center. Staff acknowledges there will be noise and activity generated by this use, however, Staff believes that the low volume of serviced vehicles in conjunction with typical operations at this part of the shopping center(i.e., loading and unloading of trucks for other businesses, dumpster service,etc.) will minimally affect neighbors.To help ensure this, Staff recommends Condition 8 to prohibit the use of amplified speakers outdoors and Condition 2 to limit the hours of operation to between 9:00 a.m. and 5:00 p.m. While the applicant has stated that the current intent is to only operate seven days a week during summer when there is more light and greater likelihood of fair weather, it is Staff's opinion that the proposed hours will minimize any disruption to adjacent residents and will provide sufficient flexibility for the business as it matures. The applicant has had preliminary discussions with Public Works Stormwater Engineering regarding a plan to adequately collect and properly dispose of any water/runoff generated by the handwashing operation.The applicant will ensure that no water enters the storm drain without treatment through the use of removable drain seal.To prevent ponding or other issues,Staff recommends Condition 10 to require that the seal not be installed during inclement weather; additionally,the applicant has stated that no washing will occur when there is inclement weather.The preliminary Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page 3 information provided to Staff appears to adequately address concerns regarding runoff and Staff is recommending Condition 4 to ensure a proper solution is realized on site. Staff recommends approval of this application subject to the following exhibits and conditions. Recommended Conditions 1. The operation of this use shall be in substantial conformance with the submitted concept plan entitled "Proposed Car Wash Facility" and exhibited in the Staff Report dated April 10, 2024. 2. Hours of operation for the Car Wash Facility shall be limited to 9:00 a.m.to 5:00 p.m., seven days a week. 3. All washing and detailing of vehicles shall only occur within the existing suite or the area identified on the concept plan "Proposed Car Wash Facility" and exhibited in the Staff Report dated April 10, 2024.This area shall be visibly identified on site either by paint or bollards and rope. 4. All water, runoff,or other liquid or debris generated by this use shall be collected and disposed of in accordance with stormwater regulations. 5. Vehicles will only be located in the servicing area at the rear of the building when being actively detailed. In the event there is a queue for services,vehicles shall be parked in the primary parking lot until they are to be serviced. 6. No repairs of motor vehicles shall occur. 7. No outside storage of equipment, parts,tires, merchandise or materials shall be permitted on the site. 8. No outside storage of vehicles in a state of obvious disrepair shall be permitted, including overnight parking of client vehicles at the rear of the shopping center building. 9. The use of amplified speakers outdoors is prohibited. 10. The removable drain seal used to prevent runoff from this use directly entering the stormwater system shall not be installed during inclement weather and shall be removed at the end of each day. 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 being within the Suburban Area and is not part of any special area plan or overlay.A guiding principle of the Suburban Area is the creation and maintenance of"Great Neighborhoods," which emphasizes development of residential neighborhoods that are supported by adjacent, Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page 4 compatible non-residential uses. Commercial activity should be located along edges of established neighborhoods, such as the existing Timberlake Shopping Center. Uses that have outdoor components should be well-screened from residential uses. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay Watershed. No ground-disturbing activities are planned to accompany this proposal. No historical or cultural resources will be affected by this project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 37,900 ADT' 32,700 ADT 1(LOSZ"D") No change anticipated 'Average Daily Trips Z LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road is a four-lane divided minor urban arterial facility.The Holland Road Phase I CIP project—which will reconfigure Holland Road as a six-lane superstreet with the addition of through lanes in both directions and installation of a restricted crossing U-Turn—is approved for this area of Holland Road.The project will also add a continuous five- foot wide sidewalk on both sides of Holland Road, LED streetlights, and bus shelters at four existing bus stops. Construction is scheduled to begin in 2031. Public Utility Impacts Water&Sewer The site connects to City water and sanitary sewer. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 11, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of https:Hvirginiabeach.gov/pc on April 4, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 2024. Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page 5 • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 6, 2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on May 17, 2024. Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page 6 Area Map -iv"N P� 1r7 s ��y• —• oil, Iry �y �� i AI C7 Q cr v � c. 01/1012023 (D Cr D ro C a a) i-6 0) ao � — � 3 F v v L O O fD m n� r . p � y MAI Virginia Beach V •. • y , • +I+ t 11� at �' • « • A North �..r•._,.�,_. CL Proposed Car Wash Facility .: r ' Site Photos .' — t aMat-, t 1�I�1grll�w _ AUM graw I r "'F- wa t � r ?• �>" e a L � n� .'fir Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page 9 Site Photos Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page 10 Disclosure Disclosure Statement City of VLyinia B-1. 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 Inti&Lugh Ventures,LLC Does the applicant have a representative? M Yes ❑ No • If yes,list the name of the representative. Ebert Obando and James Reilly Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Z Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) The business operates under Inti&Lugh Ventures,LLC,D.B.A.Reliable Detailers,with two(2)owners;James Reilly and Ebert O ba nd o. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) n/a "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,thatexists when(1)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. Rev[<ed 1109.2020 1 Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page 11 Disclosure Disclosure Statement Cdy of W.Jinw fl—� 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 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-coI late ralization,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 0 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. ATP Services,c/o Alfredo Melina 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 M 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 M No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page 12 Disclosure Disclosure Statement Planning&Community s 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. None at moment,but depending on the scope of work related to the approval of this permit,one will may contracted. 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?IF Yes ❑ No • If yes,identify the firm and individual providing the service. Anchor Law,c/o George T.Dillon,Esq. 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 a y u fie b qy or ommittee In connection with this application. Applfcerit Signature Ebert Obando-Owner Print Name and Title Date Is the applicant also the owner of the subject property? ❑Yes 0 No • If yes,you do not need to fill out the owner disclosure statement FOR ONLY/ that pertains to the applications No changes as of Date Slgnaturc Print Name Revised 11.09.2020 3 1 P a g e Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page 13 1 Disclosure Statement Disclosure Statement X City of Y vWa B.d, Planning&Community Developntent Owner Disclosure Owner Name Timberlake Shopping Center Associates,LLC Applicant Name Inti&Lugh Ventures,LLC D.B.A.Reliable Detailers Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ue 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 Bea 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 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(1)one business entity has a controlling ownership Interest in the other business entity,(if)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there Is shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g`' Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page 14 Disclosure Statement Disclosure Statement wy gJVryi'd.B—h 11 Dev pmentun Planning ity 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 o • If yes,Identify the financial institutions providing the service. 2. Does the Ow�nerr ave areal estate broker/agent/realtor for current and anticipated future sales of the subject property? ElYes �'Nc • 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 Ddi No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provid�ed i'connection with the subject of the application or any business operating or to be operated on the property?El Yes No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 2/No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor l onnection with the subject of the application or any business operating or to be operated on the property?❑Yes &I No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent I connection with the subject of the application or any business operating or to be operated on the property?El Yes No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 1 P a g e Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page 15 Disclosure Disclosure Statement cVy Rn,rr, Planning&Community Development 8. Is the Owner receiving legal services in con ction 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,1 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. i i Own ignatu e / Print Name a Title � 111202� _ Date Revised 11.09.2020 ? 1 1'a Et P Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Inti & Lugh Ventures, LLC d/b/a Reliable Detailers Agenda Item 7 Page 17 Virginia Beach Planning Commission April 4, 2024, Public Meeting Agenda Item # 7 Inti & Lugh Ventures, LLC d/b/a Reliable Detailers RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Having no opposition. Thank you. Our next item is number 7, Reliable Detailers. If you could please come forward. Mr. Obando: Good afternoon. For the record, my name is Ebert Obando. I am one of the owners of Reliable Detailers. We have reviewed the conditions set forward for us, and we find those agreeable. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Mauch to read this into the record. Mr. Mauch: The applicant seeks a conditional use permit to operate a car wash facility in a 2,652 square foot suite of the Timberlake Shopping Center. There is an existing auto detailing business operating in the suite of the shopping center. This application will add handwashing and detailing services offered at this location. The store currently sells items related to auto care and cleaning. The retail portion of the operation will remain but will be operated under a new name. In Staff's opinion and the Planning Commission's, the request for a Conditional Use Permit to operate a car wash facility in the Timberlake Shopping Center is acceptable, and hearing no opposition, we chose to put it on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11 , and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from — Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn't record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 AI ca raz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hi en AYE Mauch AYE Parks ABSENT Plumlee AYE CONDITIONS 1. The operation of this use shall be in substantial conformance with the submitted concept plan entitled "Proposed Car Wash Facility" and exhibited in the Staff Report dated April 10, 2024. 2. Hours of operation for the Car Wash Facility shall be limited to 9:00 a.m. to 5:00 p.m., seven days a week. 3. All washing and detailing of vehicles shall only occur within the existing suite or the area identified on the concept plan "Proposed Car Wash Facility" and exhibited in the Staff Report dated April 10, 2024. This area shall be visibly identified on site either by paint or bollards and rope. 4. All water, runoff, or other liquid or debris generated by this use shall be collected and disposed of in accordance with stormwater regulations. 5. Vehicles will only be located in the servicing area at the rear of the building when being actively detailed. In the event there is a queue for services, vehicles shall be parked in the primary parking lot until they are to be serviced. 6. No repairs of motor vehicles shall occur. 7. No outside storage of equipment, parts, tires, merchandise or materials shall be permitted on the site. 8. No outside storage of vehicles in a state of obvious disrepair shall be permitted, including overnight parking of client vehicles at the rear of the shopping center building. 9. The use of amplified speakers outdoors is prohibited. 10.The removable drain seal used to prevent runoff from this use directly entering the stormwater system shall not be installed during inclement weather and shall be removed at the end of each day. OR OR th Street 4 street nth r% rR a � a� tD OR O R 3rd Street Q' N ® Site W E Property Polygons Michael O'Connor Zoning 303 Atlantic Avenue, Unit 1202 Building Feet 0 1530 60 90 120 150 180 % .ti Z (� 4� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHAEL O'CONNOR [Applicant] MICHAEL H & CHERYL K O'CONNOR [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 303 Atlantic Avenue, Unit 1202 (GPIN 24273224032260) COUNCIL DISTRICT 5 MEETING DATE: May 21, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom unit within the Dolphin Run Condominiums. There are no current or past zoning violations associated with the subject property. This condominium has not previously been advertised or rented as a Short Term Rental ■ Considerations: Short Term Rentals are prevalent in this portion of the City with a total of ±60 previously approved Conditional Use Permits for Short Term Rentals within a half mile radius. Dolphin Run Condominiums was granted a historical exception to the Short Term Rental parking requirements of one space per bedroom; therefore, only one parking space is required for the entire unit, which is provided within the condominium's parking lot. 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 April 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1202, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. Michael O'Connor Page 2 of 4 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Michael O'Connor Page 3 of 4 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be Michael O'Connor Page 4 of 4 performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STIR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting DepartmenVAgency: Planning Department City Manager: /140 Applicant & Property owner: Michael O'Connor Agenda Item Planning Commission PublicApril B City • , , tt' Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval LA ti ,otHss a1NEWOQE►DW - t NOR FOL91H 51 Staff Planner A y Garek Hall Hannigan -- o Location r Z 303 Atlantic Avenue, Unit 1202 n 3Rp5 GPIN m ZNoS� - 24273224032260 Site Size o� 1.03 acres Existing Land Use and Zoning District m Multi-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North •: 4th Street (Connector Park) Multi-family dwellings/OR Oceanfront Resort South 41 3rd Street (Connector Park) ' Hotel/OR Oceanfront Resort East + Boardwalk 'x K *. ik ,••. Atlantic Ocean, Beach West 1 " , Atlantic Avenue ' Civic use, Public Use/OR Oceanfront Resort ' �r S s `""yet 0 _. Michael O'Connor Agenda Item 10 Page 1 Background SummaryofProposal Site Conditions and History • This 45,000 square foot parcel contains the Dolphin Run Condominiums and is zoned OR Oceanfront Resort District. According to City Records,this multi-family condominium was constructed in 1975. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • There are no current or past zoning violations on this site.This condominium has not previously been advertised or rented as a Short Term Rental. • Since this property was not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of March 15, 2024 is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A N/A Short Term Rentals in the Vicinity i. 9TH ST 7, gT H ST a ( � Z S yG � 5S H 5 n �eR�PG11) E A VE x 4SN ��tySS ON SA�rcM P 3R� �v � 0 Q� Q� Short Term Rentals STR Permits(60) Michael O'Connor Agenda Item 10 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required; historical exemption made): 1 • Number of off-street parking spaces provided: 1 R OR i � )f ` Zoning History # Request 1 STR Approved 07/11/2023 STR Approved 06/20/2023 STR Approved 05/16/2023 � STR Approved 04/18/2023 z1 OR n, STR Approved 12/13/2022 STR Approved 10/18/2022 OR +, STR Approved 08/16/2022 STR Approved 08/16/2022 STR Approved 08/16/2022 — 3ROg` 2 COA(Colocation of Antennas)Approved 02/20/2017 c� Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—ConditionalRezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental Evaluation - • • • The applicant is requesting to operate a two-bedroom Short Term Rental within the Dolphin Run Condominium building. Short Term Rentals are prevalent on this property with a total of nine (9) approved Conditional Use Permits for the operation of Short Term Rentals.The parcel is bounded by the Boardwalk, Beach, and Atlantic Ocean to the east,the 4th Street Connector Park to the north,the 3rd Street Connector Park to the south,and Atlantic Avenue to the west.The surrounding area is a mixture of multi-family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. There is one assigned parking space associated with this unit in the condominium's parking lot.According to the City of Virginia Beach Zoning Ordinance,Appendix A, Article 23, Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties,the Zoning Administrator may, at his Michael O'Connor Agenda Item 10 Page 3 discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC).Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Dolphin Run Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom;therefore, only one parking space is required for the entire unit.All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies along the Atlantic Avenue Corridor, which includes the most prominent frontage of resort- oriented uses at the Oceanfront Resort.According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round destination, affording a more walkable,vibrant,engaging community at the Oceanfront Resort.The use of the dwelling as a Short Term rental helps achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1202, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. Michael O'Connor Agenda Item 10 Page 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site,except that each short term rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. Michael O'Connor Agenda Item 10 Page 5 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on March 11, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of https://virginiabeach.gov/pc on April 4, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 2024. • 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 May 6, 2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on May 17, 2024. Michael O'Connor Agenda Item 10 Page 6 LayoutSite k 17 u a , r 7 P _ A _ . r } One assigned space in the parking lot w Historical exemption to requirements; only one space needed -lot . . Michael O'Connor Agenda Item 10 Page 7 low kit Site Photos aw Y l ow • •. r ur • t• �r ! a s ! Q Allow" Ago* Aft Y Michael O'Connor Agenda Item 10 Page 8 Disclosure 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 Michael O'Connor Does the applicant have a representative? ❑Yes 0 No • if yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ® No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity7 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. z"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(lii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. _..............__........_.... _. ...._......_...............__......_......., .... Revised 11.09.2020 11 P a g e Michael O'Connor Agenda Item 10 Page 9 Disclosure Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑ No • If yes,identify the financial institutions providing the service. Shellpoint 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes . NO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes N No • If yes,identify the firm and individual providing the service. S. 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. Revised 11.09.2020 2 1 P a g e Michael O'Connor Agenda Item 10 Page 10 Disclosure Disclosure Statement �j.i „;�, City i✓iiryima'Biiuii+ Planning&Community Development' 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 NO • if yes,identify the firm and individual providing the service. Applicant Signature I certify that all ofthe 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. iGGG/ /�/ D Applicant Signature Michael H.O'Connor, Print Name and Title Michael O'Connor,Owner 1/29121 Date Is the applicant also the owner of the subject property? E Yes ❑No • if yes,you do not need to fill out the owner disclosure statement. that pertains to the application I s No changes as of Date .C/7/2024 Signature J Print Name Garek HaIPHannigan� Revised 1I.09.2020 3 1 P a g e Michael O'Connor Agenda Item 10 Page 11 • 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 757-385-5692. • 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. Michael O'Connor Agenda Item 10 Page 12 STIR VICINITY MAP MICHAEL O'CONNOR if Short Term Rentals STR Perm its(72) 4 , Virginia Beach Planning Commission April 4, 2024, Public Meeting Agenda Item# 10 Michael O'Connor RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Item number 10, Michael O'Connor. Is there someone here representing this application? Madam Clerk: It seems that he may be on via Webex, Michael O'Connor. Mr. Michael O'Connor? He is trouble having connecting, but he is there. Ms. Cuellar: Mr. O'Connor, are the conditions acceptable to you? Madam Clerk: I guess he can type. Ms. Cuellar: Is there anyopposition to this application being puton the consentagenda? Okay, then I've asked Mr. Plumlee to please read this into the record. Mr. Plumlee: This is an application for a short-term rental conditional use permit at 303 Atlantic Avenue, Unit 1202. This is in the Dolphin Run condominium building,and short-term rentals are prevalenton that property with a total of nine. Currently approved conditional use permits. It's within the short-term rental district approved by the city, and has been thoroughly vetted by our excellent staff. It's received no comments in opposition. Therefore, it's appropriate for the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from — Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn't record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11 , and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hippen AYE Mauch AYE Parks ABSENT Plumlee JAYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1202, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued forthe subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing priorto the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notifythe new property ownerof requirements 'a' through `c' below. This information must be submitted to the Planning Departmentfor review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissionerof Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No sign age shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building,or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers forthe Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum numberof persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total numberof persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed priorto interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum numberof occupants permitted on each level of these structures and placards indicating the maximum numberof occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 1. R5S OR O'R � et Norfolk------- gth str Avenue �,• \ OR N ® Site W E Property Polygons James Moore S Zoning 919 Pacific Avenue, Units A & C Building Feet 0 1530 60 90 120 150 180 c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JAMES MOORE [Applicant & Property Owner] Conditional Use Permits (Short Term Rentals) for the properties located at 919 Pacific Avenue, Unit A (GPIN 24272444111105) and 919 Pacific Avenue, Unit C (GPIN 24272444111115) COUNCIL DISTRICT 5 MEETING DATE: May 21, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate two Short Term Rentals, both one-bedroom units, within the Pacific Place Condominium. There are no current or past zoning violations associated with either unit and neither unit has been previously advertised or rented as a Short Term Rental ■ Considerations: Short Term Rentals are prevalent on this property with a total of 15 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space per unit in the condominium's parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. 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 April 10, 2024, the Planning Commission passed a motion to recommend approval of these items on the Consent Agenda, by a recorded vote of 9-0. 1. The following conditions shall only apply to the dwelling units addressed as 919 Pacific Avenue Unit A and 919 Pacific Avenue Unit C, and the Short Term Rental uses shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241 .2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. James Moore Page 2 of 4 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. James Moore Page 3 of 4 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. James Moore Page 4 of 4 Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager// Applicant & Property Owner: James Moore Agenda Items Planning Commission PublicApril CouncilCity 12 11 & , ,V,, Aq Virginia Beach Requests #11 - Conditional Use Permit (Short Term Rental)—919 Pacific Avenue, Unit A #12 - Conditional Use Permit (Short Term Rental)—919 Pacific Avenue, Unit C . NTH ,STHSS DHSS `, ,srHS' Staff Recommendation %gvksl Approval Staff Planner 'n Q� LAKE OR z, Garek Hall Hannigan R .m m NORFOLKAVE ,t N y . 91%AS m Location DHSSPAD P"JE m �L 919 Pacific Avenue, Units A&C LLpypAR£A ,zHst AV E � fit> G P I N S v�R�"'pie LjNA K E tv Ave 24272444111105, 24272444111115 Z N jtRRALEAVf Pve •� `t t tYSS O N SALEM ' 1 to NR 1ROy;.- Site Size 34,984 square feet Existing Land Use and Zoning District Multi-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North OR Multi-family dwellings, commercial parking lot OR Oceanfront Resort South 9th Street Municipal Parking Garage/OR Oceanfront Resort ~�- 9 V%5t East NORFOLKAVE - ➢� 1 Atlantic Avenue Retail Shops/OR Oceanfront Resort 1 DL ''ti West Pacific Avenue Commercial parking lot/OR Oceanfront Resort James Moore Agenda Items 11 & 12 Page 1 Background SummaryofProposal Site Conditions and History • This 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned OR Oceanfront Resort District. According to City records,this multi-family condominium was constructed in 1969. • On-street parking is not permitted on this portion of Pacific Avenue. • Since these properties were not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018,the properties would not be considered as grandfathered Short Term Rental units and thus would both require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of March 15, 2024, is shown in the chart below: REGISTERED WITH THE UNIT CURRENTLY ADVERTISED LAST KNOWN RENTAL COMMISSIONER OF THE REVENUE Unit A No N/A N/A Unit C No N/A N/A Short Term Rentals in the Vicinity a q , rt' n T � 11SH Sj O� LAKE DR �� ALLEY PINEWOOD DR m in NORFOLKAVE H57 m 91NSt fi " £3 gS H ST ALLEY E�WARE Nje 71N$T AV E �IR G�N�A 6 I"SY Short Term Rentals CARoLItNA AVE YL ALLEY STR Permits(31) 'n James Moore Agenda Items 11 & 12 Page 2 Summary of Proposal The applicant submitted two Conditional Use Permit requests to operate two Short Term Rentals on the subject site.The regulations for the Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. Unit A Unit C Number of bedrooms in the Short Term Rentals: 1 1 Maximum number of guests permitted on the property after 11:00 pm: 2 2 Number of parking spaces required (1 space per bedroom required): 1 1 Number of parking spaces provided on-site: 1 1 Zoning History # Request 1 CUP(Short Term Rental)Approved 11/14/2023 ' J CUP(Short Term Rental)Approved 08/15/2023 CUP(Short Term Rental)Approved 07/11/2023 A S1% - CUP(Short Term Rental)Approved 05/16/2023 CUP(Short Term Rental)Approved 05/16/2023 CUP(Short Term Rental)Approved 06/12/2022 OR 2 CUP(Short Term Rental)Approved 04/05/2022 ass ' CUP(Short Term Rental)Approved 11/09/2021 OR CUP(Short Term Rental)Approved 03/02/2021 CUP(Short Term Rental)Approved 10/20/2020 CUP(Short Term Rental)Approved 08/25/2020 CUP(Short Term Rental)Approved 08/25/2020 ND#tF(XKAVE _ `'t CUP(Short Term Rental)Approved 06/09/2020 CUP(Short Term Rental)Approved 04/06/2020 r ss CUP(Short Term Rental)Approved 02/04/2020 2 CUP(Short Term Rental)Approved 12/13/2022 r CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 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—AlternativeCompliance STIR—Short Term Rental Evaluation . Recommendation The applicant is requesting to operate two,one-bedroom Short Term Rental units within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 15 approved Conditional Use Permits for the operation of Short Term Rentals. James Moore Agenda Items 11 & 12 Page 3 There is one assigned parking space per unit in the condominium's parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area.As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather.Therefore,the use of these units as a Short Term Rental is consistent with this purpose.These units would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling units addressed as 919 Pacific Avenue Unit A and 919 Pacific Avenue Unit C,and the Short Term Rental uses shall only occur in the principal structure. 2. An annual (yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. James Moore Agenda Items 11 & 12 Page 4 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rentals shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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 James Moore Agenda Items 11 & 12 Page 5 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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 11, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, March 27, 2024 and April 3, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of https://virginiabeach.gov/pc on April 4, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, May 7, 2024 and May 14, 2024. • 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 May 6, 2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on May 17, 2024. James Moore Agenda Items 11 & 12 Page 6 LayoutSite t4LS / m r� v w 11 t.��c�r"wn �'OR LK V 0 James Moore Agenda Items 11 & 12 Page 7 Site Photos �T James Moore Agenda Items 11 & 12 Page 8 Disclosure Disclosure Statement 1 10 Planning&Community Developwnt The disc'osures 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 app`ications 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 Counci or a City board,commission or other body. ADDlieant Disclosure Applicant Name James Moore Does the appkant have a representative? fR Y e 5 ©No • If yes,list the name of the representative. Mary Ann Cox is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?Q Yes N No • If yes,list the names of all officers,directors,members;trustees,etc.belc,v. ,Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity''relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government conflict of interests Act,VA code§2.2-3101. "Affiliated business entity relationship"means"a re'ationsh,p,other than parent-subsidiary relationship,that exists when ti)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling avner in the other entity,or liii)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 or n or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or ern poyees 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 nterests Act,Va. code§2.2-31o1. Ra tised 21.09.26120 1 James Moore Agenda Items 11 & 12 Page 9 Disclosure Disclosure Statement Community n. Development Known Interest by Public Official of Employee Bores 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 R No • If yes,what is the name of the official or employee and what is the nature of the interest? Ai)plicant Services Disclosure 1. Does the app scam have ami existing f na1cing imortgage,deeds of trust,crass-collateralixation,etc)or are they considering any financing,n connection i-i,the sub.=_ct o`the-a pp ication or any business operating or to be operated on the property? 7 Yes ENO • if yes,identify the financrai institutions providing the service. I toes the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 7 Yes ® No • If yes,identify the company and individual providing the service. ?. Does the applicant have services for accounting andlor preparation of tarn returns provided in connection.with the subject of the application or any business operating or to be operated on the property?N Yes :1 No • If yes,identify the firm and individual providing the service. .awes hoff°ne suer.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 H No • If yes,identify the firm and individual providing the service. S. Is there any ether pending or proposed purchaser of the subject property? ❑ Yes ® NO • if yes,identify the purchaser and purchaser's service providers. pevisedil 09.202D 2 James Moore Agenda Items 11 & 12 Page 10 Disclosure Statement Disclosure Statement 10 Planning&Communittx Development v 6. Does the applicant have a construction contractor in connection with the subject of the application or anv bus ness cperatin=_or to be cpe-ated on the property?11 Yes N No a if yes,identify the company and individual providing the service Does the app icant have an engineef/surveyor/agent in connection with the subject of the application or any business ope•at n_or to be operated on the property?n Yes IN No a if yes,identify the firm and individual providing the service. L is the app%icam rece'-rile legal services in connection.with the subject of the application or any business operating or to ce ape-ated on the rroperty?11 Yes N No • If yes,itlenti^y the firm and individual providing the se-vice Applicant Si;;nature certify that ail of the information contained in this Disdosure Statement Form is complete,true,and accurate. I understand that. upon receipt of notification that the app!icaton has been scheduled for public hearng,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning commission,City Council,VBDA,[SPA,Wetlands Board or any public body o-committee in connection with this application. '.�!.cht-Lid.• �L992�L 4plicant Signature .arres Vcc— Prsnt'ame and Title Date is the applicant also the owner of the subject property? W Yes .71 No • If yes,you do not need to'Il out the ci wvne-disc'osu�e statement. •.. w it that peftains to the applerabons No Man®esw at Cate 5/7/2024 5r�nature � >rin-riar-�e Garek Hall annigan 2i..G'�...2020 i James Moore Agenda Items 11 & 12 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. James Moore Agenda Items 11& 12 Page 12 STIR VICINITY MAP JAMES MOORE ` t - S' t j d 4 R - t � - _ 11 Short Term Rentals STR Permds f,102'; Virginia Beach Planning Commission April 4, 2024, Public Meeting Agenda Items# 11 & 12 James Moore RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much, Commissioner. Items number 11 and 12, James Moore. The applicant can please come forward. Ms. Cox: I'm Marianne Cox, representing James Moore. Ms. Cuellar: Are the conditions acceptable? Ms. Coz: Yes, ma'am. Ms. Cuellar: Thank you very much for being here today. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Plumlee to read this into the record. Mr. Plumlee: This is an application for a short term rental conditional use permit at 919 Pacific Aven ue,actu ally two of th em, one for Un it A, one for Un it C. This is within the Pacific Place condominium building. Those types of units are prevalentthere, with 15 currently approved. It's within thedistrict approved bythe city. It's been vetted byourexcellentstaff. There's been noobjection noted with the city, and therefore it's appropriate for the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chair, thatwas the last item on ourconsent agenda. The Planning Commission places the following applications on the consent agenda. Items n umber 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from — Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn't record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to numbers, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hi en AYE Mauch AYE Parks ABSENT Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling units addressed as 919 Pacific Avenue Unit A and 919 Pacific Avenue Unit C, and the Short Term Rental uses shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241 .2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued forthe subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing priorto the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, orwhen, the ownership of the property changes, it is the seller's responsibility to notifythe new property ownerof requirements 'a' through `c' below. This information must be submitted to the Planning Departmentfor review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissionerof Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building,orother permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers forthe Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rentals shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum numberof persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total numberof persons staying overnight atthe property exceed the numberof approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed priorto interconnection requirements must have a minimum of one smoke alarm installed on every floorof the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. � 1) N CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 111 OF THE CITY ZONING ORDINANCE PERTAINING TO THE DEFINITIONS OF PERMANENT COSMETIC TATTOOING, PERSONAL SERVICE ESTABLISHMENTS, AND TATTOO PARLOR AND TO ADD SECTION 209.8 TO THE ZONING ORDINANCE PERTAINING TO THE PROVISIONS OF PERMANENT COSMETIC TATTOOING. MEETING DATE: May 21, 2024 ■ Background: The purpose of this amendment is to permit permanent cosmetic tattooing as an accessory use to a beauty salon or similar beauty-oriented establishments. Under current ordinance standards, any establishment performing permanent cosmetic tattooing is considered a tattoo parlor according to the definition of "tattoo parlor" in Section 111, and therefore requires a Conditional Use Permit. ■ Considerations: The Ordinance currently requires an establishment performing permanent cosmetic tattooing to obtain a Conditional Use Permit for the operation of a tattoo parlor. The definition of "tattoo parlor" in Section 111 of the ordinance specifically includes the term "permanent makeup." As there are fundamental differences between traditional and cosmetic tattooing, including where each of these services typically occur, this amendment would allow cosmetic tattooing an accessory use to a beauty salon or similar beauty-oriented establishments. The four specific modifications to the ordinance are listed below. • Amendments to Section 111 . Definitions: 1. Add a definition of Permanent cosmetic tattooing: "Placing marks upon or under the skin of any person with ink or any other substance, by the use of needles or other instruments designed to touch or puncture the skin, resulting in the permanent or semi-permanent coloration of the skin on the face, including eyebrows, eyeliners, lip coloring, lip liners, full lips, cheek blush, eye shadow, forehead and scalp micropigmentation, and on the body for breast and scar repigmentation or camouflage." 2. Amend the definition of "Personal Service Establishment" to include that "Permanent cosmetic tattooing is an accessory use to a personal service establishment, full-service beauty salon, in accordance with the provisions of section 209.8." City of Virginia Beach Page 2 of 2 3. Amend the definition of "Tattoo parlor' to include that tattooing is "by the use of needles or other instruments designed to touch or puncture the skin," and to specify that permanent cosmetic tattooing is an accessory use in accordance with section 209.8 and is not deemed a tattoo parlor. • Add Section 209.8- Permanent cosmetic tattooing: 4. "Permanent cosmetic tattooing may be conducted as an accessory use to a personal service establishment that operates as a full-service beauty salon offering a wide range of services typical to such salons. Permanent cosmetic tattooing shall be conducted in compliance with the provisions of Chapter 23 of the City Code." 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 April 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. . Submitting Department/Agency: Planning Department City Manager:/40 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE AND 3 ADD SECTION 209.8 TO THE CITY ZONING 4 ORDINANCE PERTAINING TO PERMANENT 5 COSMETIC TATTOOING 6 7 Section Amended: § 111 8 Section Added: § 209.8 9 10 WHEREAS, the public necessity, convenience, general welfare, and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 111 the City Zoning Ordinance is hereby amended and Section 17 209.8 is hereby added and reordained to read as follows: 18 19 Sec. 111. Definitions. 20 21 For the purpose of this ordinance, words used in the present tense shall include 22 the future; words used in the singular number include the plural and the plural the 23 singular; the use of any gender shall be applicable to all genders; the word "shall" is 24 mandatory; the word "may" is permissive; the word "land" includes only the area 25 described as being above mean sea level; and the word "person" includes an individual, 26 a partnership, association, or corporation. 27 . . . . 28 29 Parking structure. A building or structure, or portion thereof, designed or used for 30 temporary parking of motor vehicles and consisting of more than one (1) parking level or 31 containing retail sales establishments and parking at different levels. 32 33 34 Permanent cosmetic tattooing. Placing marks upon or under the skin of any 35 person with ink or any other substance, by the use of needles or other instruments 36 designed to touch or puncture the skin, resulting in the permanent or semi-permanent 37 coloration of the skin on the face, including eyebrows, eveliners, lip coloring, lip liners, 38 full lips, cheek blush, eye shadow, forehead and scalp micropigmentation, and on the 39 body for breast and scar repigmentation or camouflage. 40 41 42 Personal service establishment. An establishment in which personal, financial, 43 technical or similar services are provided, including barbershops, beauty shops, shoe 44 repair shops, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment 45 repair shops, linen supply establishments, photography studios and similar 46 establishments, but not including automobile repair establishments, tattoo parlors, 1 47 body piercing establishments or any other use allowed separately as a principal or 48 conditional use in a zoning district. Permanent cosmetic tattooing is an accessory use 49 to a personal service establishment full-service beauty salon in accordance with the 50 provisions of section 209.8 51 52 . . . . 53 54 Tattoo parlor. Any place in which is offered or practiced the placing of designs, 55 letters, scrolls, figures, symbols or any other marks upon or under the skin of any 56 person with ink or any other substance, by the use of needles or other instruments 57 designed to touch or puncture the skin, resulting in the permanent coloration of the skin, 58 except when performed by a medical doctor, registered nurse or any other medical 59 services personnel licensed pursuant to Title 54.1 of the Code of Virginia in the 60 performance of his professional duties. A personal service establishment providing 61 permanent cosmetic tattooing as an accessory use in accordance with the provision of 62 section 209.8 shall not be deemed a tattoo parlor. 63 64 . . . . 65 66 Sec. 209.8. Permanent cosmetic tattooing 67 68 Permanent cosmetic tattooing may be conducted as an accessory use to a 69 personal service establishment that operates as a full-service beauty salon offering a 70 wide range of services typical to such salons Permanent cosmetic tattooing shall be 71 conducted in compliance with the provisions of Chapter 23 of the City Code 72 73 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 40tanning Department City Attor 's Office CA16401 R-5 February 28, 2024 2 Item Applicant City of •. Planning Commission PublicApril 10, 2024 Permanent CosmeticTattooing, • Cily u( Establishments, • • ' • Virginia Beach An Ordinance to amend Section 111 of the City Zoning Ordinance pertaining to the definitions of Permanent Cosmetic Tattooing, Personal Service Establishments, and Tattoo Parlor and to add Section 209.8 of the Zoning Ordinance pertaining to the provisions of Permanent Cosmetic Tattooing. Summary of • The purpose of this amendment is to permit permanent cosmetic tattooing as an accessory use to a beauty salon or similar beauty-oriented establishments. Under current ordinance standards, any establishment performing permanent cosmetic tattooing is considered a tattoo parlor according to the definition of"tattoo parlor" in Section 111, and therefore requires a Conditional Use Permit. The Ordinance currently requires an establishment performing permanent cosmetic tattooing to obtain a Conditional Use Permit for the operation of a tattoo parlor.The definition of"tattoo parlor" in Section 111 of the ordinance specifically includes the term "permanent makeup."As there are fundamental differences between traditional and cosmetic tattooing, including where each of these services typically occur,this amendment would allow cosmetic tattooing an accessory use to a beauty salon or similar beauty-oriented establishments.The four specific modifications to the ordinance are listed below. • Amendments to Section 111. Definitions: 1. Add a definition of Permanent cosmetic tattooing: "Placing marks upon or under the skin of any person with ink or any other substance, by the use of needles or other instruments designed to touch or puncture the skin, resulting in the permanent or semi- permanent coloration of the skin on the face, including eyebrows, eyeliners, lip coloring, lip liners,full lips, cheek blush, eye shadow,forehead and scalp micropigmentation, and on the body for breast and scar repigmentation or camouflage." 2. Amend the efinition of"Personal Service Establishment" to include that "Permanent cosmetic tattooing is an accessory use to a personal service establishment,full-service beauty salon, in accordance with the provisions of section 209.8." 3. Amend the definition of"Tattoo parlor"to include that tattooing is "by the use of needles or other instruments designed to touch or puncture the skin,"and to specify that permanent cosmetic tattooing is an accessory use in accordance with section 209.8 and is not deemed a tattoo parlor. • Add Section 209.8-Permanent cosmetic tattooing. 4. "Permanent cosmetic tattooing may be conducted as an accessory use to a personal service establishment that operates as a full-service beauty salon offering a wide range of services typical to such salons. Permanent cosmetic tattooing shall be conducted in compliance with the provisions of Chapter 23 of the City Code." City of Virginia Beach Agenda Item 1 Page 1 Recommendation Staff recommends approval of this Ordinance as permanent cosmetic tattooing is commonly performed in beauty salons or similar beauty-oriented establishments.City Council has considered twenty-four applications for the addition of cosmetic tattooing to an existing salon in the past four years; all applications were approved.Additionally,the Zoning Division has not substantiated any violations regarding the cosmetic tattooing use. City of Virginia Beach Agenda Item 1 Page 2 Virginia Beach Planning Commission April 4, 2024, Public Meeting Agenda Item# 1 City of Virginia Beach RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. We have quite a few items on the consent agenda today, and we like to start with agenda item number one, the City of Virginia Beach. If our Zoning Director, Mr. Kemp could please come forward. Mr. Kemp: Alright, thank you. The first item here is an ordinance to amend Section 111 of the City Zoning Ordinance and add Section 209.8. to the City's Zoning ordinance pertaining to permanent cosmetic make-up. Basically, what this does is it removes permanent cosmetic make-up tattooing that's done at a beauty establishment, and removes the requirement to have a conditional use permit. Staff finds this necessary. In the past four years, 24 applications have come before this Commission, and City Council, involving permanent cosmetic tattooing. All 24 were recommended for approval, and on consent. What specifically this amendment does, it does four things. First is, it adds a definition of permanent cosmetic make-up where this differentiates from tattoo parlors is that it mentions the semi-permanent versus permanent nature of cosmetic tattooing, and then it lists the specific procedures that are involved in it. The second thing, the ordinance does is it amends the definition of personal service establishment. In this definition, it adds permanent cosmetic make-up as an accessory use to that in a BD establishment. The third portion of the amendment is to amend the definition of tattoo parlor. There are two elements of this. The first is a cleanup, where we specify that needles are involved in tattooing, and the second is to remove cosmetic tattooing from the definition,where now it explicitly it says that is part of a tattoo, and the last is, Section 209.8, which is the standard for cosmetic tattooing, and that basically says that it has to be in a full service beauty salon, and that they have to abide by Chapter 23 of the City Code. I'm stand by for any questions. Ms. Cuellar: Mr. Plumlee? Mr. Plumlee: This was given notice to all the members of the community, including stakeholders that may have interest within this industry? Mr. Kemp: It was posted the way every text amendment was posted. I think it has been --there have been rumblings about this through that community for sometime, and I think, you know, through typical channels, I do think it was known throughout the commu n ity. Mr. Plumlee: Thankyou. If there are n o f u rth er q u estion s, is there any opposition to this being placed on the Consent Agenda? Hearing none, we'll then go to Item Number 2 please, City of Virginia Beach. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1 , 2, 3, 4, 5, 6, 7, 8, 10, 11 , and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from — Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn't record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hippen AYE Mauch AYE Parks ABSENT Plumlee AYE Nu�� iU _ >J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 201 AND 206 OF THE CITY ZONING ORDINANCE PERTAINING TO STORMWATER FACILITIES WITHIN REQUIRED YARDS. MEETING DATE: May 21, 2024 ■ Background: The purpose of this amendment is to allow public stormwater facilities and the associated accessory components to be located within required yards to provide the necessary flexibility for such facilities and accessory components to locate where they will operate effectively, dependent on the features of the site and surrounding area. ■ Considerations: Two sections of the Zoning Ordinance are proposed to be amended as follows. 1. Section 201 (a) identifies the improvements that may encroach into a required yard. This amendment adds Section 201 (a)(13) which includes stormwater facilities and related accessory components as an improvement that is allowed to locate in a required yard. 2. Section 206 identifies the specific requirements for public and private pump stations, water tanks, and other unmanned utility facilities. This section currently applies only to facilities with a building less than 400 square feet. Sections 206 (a) through (d) provide the minimum lot area, lot width, and setbacks. This amendment removes the 400 square foot size limitation so that the section applies to all public and private pump stations, water tanks, and other unmanned utility facilities. Additionally, Section 206 (e) is added to exclude public stormwater facilities and accessory components from the requirements of sections (a) through (d). 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 April 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. City of Virginia Beach Page 2 of 2 ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department �. I City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 201 2 AND 206 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO THE 4 PLACEMENT OF STORMWATER 5 FACILITIES 6 7 Sections Amended: §§ 201 and 206 of the City 8 Zoning Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 201 and 206 of the City Zoning Ordinance are hereby amended 17 and reordained to read as follows: 18 19 Sec. 201. Yards. 20 21 (a) General. All required yards shall be unobstructed by any structure or other 22 improvement which exceeds sixteen (16) inches in height as measured from ground 23 elevation; provided, however, the following improvements may be located in a yard: 24 25 . . . . 26 27 (12) Existing nonconforming residential structures located in a Special Flood 28 Hazard Area, as defined in Section 1 .3 of the Floodplain Ordinance, which 29 are raised for flood protection, may extend into required yards, provided 30 that the structure remains within the same footprint as the original 31 structure..., 32 33 (13) Public stormwater facilities and structures accessory thereto may be 34 located in a yard, in accordance with section 206(e). 35 36 . . . . 37 38 Sec. 206. Public and private pump stations, water tanks and other unmanned 39 utility facilities . 40 41 Individual district requirements for minimum lot area, lot width and yard spacing 42 requirements notwithstanding, the following requirements for public and private pump 43 stations, water tanks, and other unmanned utility facilities less than four huRdred (400) 44 square feet On building aFea shall apply in all districts where they are permitted: 45 46 (a) Minimum lot area. The minimum lot area shall be one thousand six 47 hundred (1,600) square feet. 48 49 (b) Minimum lot width. The minimum lot width shall be forty (40) feet 50 measured at the building location; provided, however, that when a facility 51 covered by this section is not located adjacent to a public street, a right-of- 52 way or easement for ingress of minimum width of fifteen (15) feet shall be 53 provided. 54 55 (c) Setbacks. The minimum front yard setback shall be ten (10) feet. The 56 minimum side and rear yard setbacks shall be five (5) feet; provided, 57 however, that in the case of a corner lot, the setback from all right-of-way 58 lines shall be ten (10) feet. 59 60 (d) Each lot for which these reduced requirements apply shall be restricted to 61 the uses described in this section, and this restriction shall be noted on 62 any plat or other document describing such lot. 63 64 ie Any public stormwater facilities structures or accessory components 65 which are part of a system of interdependent sites and whose location is 66 inherently dependent on proximity to waterways or other codependent 67 stormwater facilities shall be exempt from the provisions of (a) (b) and U 68 above. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 71 of 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �lanning Department City Attorneys Office CA16459 R-4 April 2, 2024 Item Applicant City of •. Planning Commission • April 10, 2024 Placement of • 2 (ily ul )B Virginia Beach An Ordinance to amend Section 201 and 206 of the City Zoning Ordinance pertaining to stormwater facilities within required yards. Summary of • This amendment allows public stormwater facilities and the associated accessory components to be located within required yards.Two sections of the Zoning Ordinance are amended as follows. 1. Section 201 (a) identifies the improvements that may encroach into a required yard.This amendment adds Section 201 (a)(13)which includes stormwater facilities and related accessory components as an improvement that is allowed to locate in a required yard. 2. Section 206 identifies the specific requirements for public and private pump stations, water tanks, and other unmanned utility facilities.This section currently applies only to facilities with a building less than 400 square feet. Sections 206 (a)through (d) provide the minimum lot area, lot width, and setbacks.This amendment removes the 400 square foot size limitation so that the section applies to all public and private pump stations, water tanks, and other unmanned utility facilities. Additionally,Section 206 (e) is added to exclude public stormwater facilities and accessory components from the requirements of sections(a)through (d). Recommendation Staff recommends approval of this Ordinance as it provides necessary flexibility to allow public stormwater facilities and their accessory components to locate where they will operate effectively, dependent on the features of the site and surrounding area. City of Virginia Beach Agenda Item 2 Page 1 Virginia Beach Planning Commission April 4, 2024, Public Meeting Agenda Item #2 City of Virginia Beach RECOMMENDED FOR APPROVAL - CONSENT Mr. Plumlee: Thank you. If there are no fu rther questions, is there any opposition to this being placed on the Consent Agenda? Hearing none,we'll then go to Item Number 2 please, City of Virginia Beach. Mr. Kemp: Thankyou Item 2 is a text amendment, it's an ordinanceto amend Sections 201 and 206 of the City Zoning Ordinance pertaining to stormwater facilities, and what this does, is it permits stormwater related facilities to encroach into setbacks. So what sparked this amendment, our proposed amendment, was when the review came in for some bond referendum projects forthesestormwater pump stations. Stormwater pump stations are very dependenton certain features such as, you know, water on the site, and they, you know, because of that we are finding that they were encroaching into the setbacks. Currently, they would have to meet the setback forthe zoning district. Whatthis text amendmentdoes is alleviate that requirement first, it changes Section 201 (a). It adds a section. That is the section that lists what can be excluded from meeting the setback requirements. It adds stormwater facilitiesto that. The second thing this amendment does is modifies Section 206, which is specific standards for pump stations. It does two things. One, prior to this and the current ordinance, in order to get reduced setbacks, a pump station has to be 400 square feet or less, it removes that, as we're finding that a lot of pump stations exceed this, and, you know, we're trying to kind of retrofit them in where they're needed,oftentimes on smaller lots. Then the second thing, it just lists in that section that these pump stations for stormwater facilities are exempt from those zoning requirements. I will standby for any questions. Ms. Cuellar: If there are no questions, is there any opposition to this being put on the Consent Agenda? Hearing none, thank you very much. Mr. Kemp: Alright. Thank you, Commissioner. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11 , and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from — Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn't record? Madam Clerk: No, he's voting approval forthe consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hippen AYE Mauch AYE Parks ABSENT Plumlee AYE M. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/ITA ADVISORY COMMITTEE VB VA250 COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda (including all backup documents) is available at https://clerk.virginiabeach.gov/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 TCheliusAvb ov�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://vbqov.webex.com/weblink/register/r8dl f7639511 a36134c0260c2656c9503 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 21, 2024. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:04/30/2024 PAGE: 1 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N I. S PECIAL FORMAL SESSION CALL TO ORDER—Mayor Robert M.`Bobby" Dyer 1.READING OF THE MAYOR'S CALL FOR SPECIAL FORMAL SESSION B. ROLL CALL OF CITY COUNCIL 11. CITY COUNCILS BRIEFING A. FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) 1.NON-DEPARTMENTAL BUDGETS Kevin Chatellier, Director—Budget& Management Services Ill. CITY COUNCIL DISCUSSION A. PROPOSED FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) I CITY COUNCIL DISCUSSION/INITIATI V ES/COMMENTS %'. SPECIAL FORMAL SESSION A. RESOLUTION/ORDINANCE re Collective Bargaining: (Requested by City Council) • AUTHORIZE Collective MOTION TO 5-5 N N 1 1 A Y Y N N Y Bargaining APPROVE FAILED/ B DENIED S T A I N E D • DECLINE to AUTHORIZE NO ACTION TAKEN Collective Bargaining and ADD Division 4 to City Code Chapter 2, Article III recreate employee committees to enhance communications among the City Council,City Manager,and employees of the City regarding the terms and conditions of employment P. ADJOURNMENT 7:42 PM CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:05/07/2024 PAGE: 1 R T H C L H C R A H T W W U E H E M K U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION V'Ol I I R Y N K D 1: N R I N N I CITY COUNCIL'S BRIEFING FOOD PANTRY UPDATE Ronjeanna Hams, (Requested by Council Members Remick,Rouse, Owner/Founder— Schulman,and Wooten) Jeanna's iFeed ]I. CITY COUNCIL RECONCILIATION A. FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) Operating and Capital Budgets III-VII CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y 1' Y Y Y Y 1 l 1 1" Y A-F G. MINUTES 10-0 Y Y Y Y Y Y A Y Y Y Y 1. INFORMAL AND FORMAL SESSIONS April 16,2024 2. SPECIAL FORMAL SESSION 10-0 Y Y Y Y Y Y A Y Y Y Y April 17,2024 1. FORMAL SESSION 10-0 Y Y Y Y Y Y A Y Y Y Y April 23,2024 4 SPECIAL FORMAL SESSION 10-0 Y Y Y Y Y Y A Y Y Y Y April 23,2024 H. MAYOR'S PRESENTATIONS I. PROCLAMATION—MENTAL HEALTH AWARENESS MONTH Dr.Joyce Harvey,Chair—Community Services Board 2. PROCLAMATION—BIKE MONTH Walter Camp,Chair—Virginia Beach Active Transportation Advisory Committee L 1. Resolution to AMEND the City's Process ADOPTED,BY I n-n 1 Y 1' 1' Y l 1 l 1 l Y Improvement Steering Committee membership CONSENT (Requested by Mayor Dyer) .1.2. Resolution to ADD a member to the City's ADOPTED,BY I 0-0 1' Y 1' 1' Y Y n l l l l Advertising Advisory Committee(Requested by CONSENT Mayor Dyer and Council Members Remick and Ross-Hammond) J.3. Ordinance to AMEND City Code Section 10-1 re ADOPTED,BY 10-0 Y 1" l" 1 1" Y 1" l Y 1" provide for the location of Central Absentee CONSENT Precinct for the.June and November 2024 Elections 1.4. Resolution to ADOPT the Community of One: ADOPTED,BY 10-0 Y Y 1 Y Y Y All In plan re make homelessness rare,brief CONSENT and nonrecurring J.5. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y A Y 1' Y 1" encroachments into a City-Owned drainage CONSENT easement and into a City-Owned drainage and utility easement at the rear and side of 1286 South Schooner Lane re construct and maintain a timber pier DISTRICT 8 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:05/07/2024 PAGE: 2 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S 1 O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VO I I I R Y N K 1) P. N R L_L N .1.6. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y l 1' Y Y A Y 1' Y Y encroachments into a City-Owned maintenance CONSENT easement and a City-Owned variable width impoundment easement at the rear of 1717 Chestwood Drive re construct and maintain a timber bulkhead,a timber fixed pier,a gangway and a floating pier,and to maintain an existing timber bulkhead DISTRICT 2 .7. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 l 1" Y Y 1" Y $170,600 from the United States Department of CONSENT Homeland Security via the Virginia Department of Emergency Management re purchase equipment for the Police Special Operations Bomb Unit J.8. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY I0-i 1" 1' l 1 Y Y $30,000 from the Virginia Department of CONSENT Criminal Justice Services to the FY 2023-24 Human Services Operating Budget re community corrections and pretrial services J.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 1 1' 1 1' Y 1 \ l Y Y Y $10,000 from the Summer Jobs Connect Program CONSENT Grant to the FY2023-24 Parks and Recreation Operating Budget re continue providing banking access and financial empowerment training to participants in the Summer Youth Employment Program .110. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y 1' $1,665 from the Virginia Department of CONSENT Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re substance use programs J.11. Ordinance to TRANSFER$780,485 from the ADOPTED,BY 10-0 1 Y Y 1 Y Y \ 1" 1 Y Y General Fund Reserve for Contingencies to the CONSENT FY 2023-24 Office of the Voter Registrar Operating Budget re fund the primary elections on June 18,2024 K. APPOINTMENTS RESCHEDULED R Y t t N S E N S I S 90-DAY FESTIVAL TASK FORCE ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U - S DATE:05/07/2024 PAGE: 3 R T H C L H C R A H T W W U E H E M 1z U A I O C D N E M M O L Y L O C Y L S 1 O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTI= I R Y N K D I: N R I N N APPOINTMENTS-CONTINUED RESCHEDULED 1; l C O N S E N S U S TRANSITION AREA/INTERFACILITY TRAFFIC AREA ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE ACTIVE TRANSPORTATION ADVISORY Appointed: a-u 1" Y l' Y Y Y Y l l l COMMITTEE Ed Hazelwood Unexpired thru 11/30/2024 +3 Year Term 12/1/2024— 11/30/2027 Mike Nerino Unexpired thru 6/30/2025 ADVERTISING ADVISORY COMMISSION Appointed: 10-0 Y Y ti" 1 1" 1 A Daniel Heatwole— Representing Ex. Officio/Hampton Roads Chamber of Commerce, Virginia Beach Division Martha Davenport— Representing Ex. Officio/Executive Director,Virginia Beach Restaurant Association No Term BAYFRONT ADVISORY COMMISSION Appointed: 10-0 Y Y Y Y Y Y A Y Y Y Y Seth Quick 3 Year Term 5/7/2024— 4/30/2027 BEACHES AND WATERWAYS ADVISORY Appointed: Ifi-0 Y Y Y l' Y 1' A Y Y Y Y COMMISSION Brianna Nichols— Representing District 7 3 Year Term 5/7/2024— 4/30/2027 COMMUNITY POLICY AND MANAGEMENT Appointed: 10-0 Y 1" Y Y Y Y 1 Y Y Y Y TEAM Maya Ball Jennifer Tuggle Representing Private Child/Family Services Organization 2 Year Term 5/7/2024— 5/31/2026 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:05/07/2024 PAGE: 4 R T H C L H C R A H T W W U E H E M R U A I O C 1) N E M M O L Y L O C l L S I O U M L S T AGENDA H 1 E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D 1 N R N N MINORITY BUSINESS COUNCIL Appointed: 10-0 Y Y Y Y Y Y A Y Y Y Y Rhonda Akzander 2 Year Tenn 6/1/2024— 5/31/2026 UNFINISHED BUSINESS �1. NEW BUSINESS N. ADJOURNMENT 6:21 PM OPEN DIALOGUE 27 SPEAKERS 7:36 PM CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U - S DATE:05/14/2024 PAGE; 1 R T H C L H C R A H T W W U E H E M R U A 1 O C D N E M M O L Y L O C Y L S 1 O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION NYJI1 I R Y N K D F N R N N I-I1. FY2024-25 RESOURCE MANAGEMEN"l PLAN A. RECONCILED PROPOSAL a. FY2024-25 OPERATING BUDGET ADOPTED 10-1 N Y Y Y Y Y N' Y N Y Y I. Ordinance to APPROPRIATE $3,616,233,616 consisting of $678,967,053 in inter-fund transfers, $297,883,829 for internal service funds, and$2,639,382,734 in operations for Fiscal Year beginning July 1,2024 and ending June 30,2025 • Resolution in the nature of an amendment to Item#5 of the Reconciliation Letter • Resolution in the nature of an amendment to Items#15 and#16 of the Reconciliation Letter 2• Ordinance to ESTABLISH the Tax Levy on Real Estate for FY2025 3• Ordinance to ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for Calendar Year 2025 4. Ordinance to AUTHORIZE the City Manager to submit the FY2024-25 Annual Funding Plan to the U.S. Department of Housing and Urban Development(HUD) 5. Ordinance to AMEND City Code Sections 35-64 and 35-67 re Exemption or Deferral of Real Estate Taxes for elderly or disabled persons 6• Ordinance to AMEND City Code Section 31-39 for Waste Collection Fee re increase the waste collection fee for such services commencing July 1,2024 7• Ordinance to AMEND City Code Section 35.3-12 re extend the Sunset date to July 1,2037 for Gills Cove Area Dredging Special Service District 8. Ordinance to AMEND City Code Sections 35-6,35-6.1,35-9,and 35-37 re date penalties and interest are imposed upon delinquent Real Estate and Personal Property Tax bills and/or installments CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U - S DATE:05/14/2024 PAGE: 2 R T H C L H C R A H T W W U E H E M R U A 1 O C D N E M M O L Y L O C Y L S 1 O U M L S T AGENDA H E E O ( N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N 9. Ordinance to AMEND City Code Section 35- 182 re change the dedication for the Tourism Investment Program(TIP)Fund and DEDICATE a portion of the Amusement Tax to funding for the Arts and Culture b. FY2024-25 CAPITAL BUDGET ADOPTED 10-1 Y Y Y Y Y Y Y Y N Y Y I. Ordinance to ADOPT the FY2024-25 through FY2029-30 Capital Improvement Program (CIP)and APPROPRIATE$418,531,838 re FY2024-25 Capital Budget,subject to funds being provided from various sources set forth herein 2. Ordinance to AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of$71,116,108 re various public facilities and general improvements 3. Ordinance to AUTHORIZE the issuance of Stormwater Utility System Revenue Bonds in the maximum amount of$6,982,612 4. Ordinance to AUTHORIZE the issuance of Water and Sewer System Revenue Bonds in the maximum amount of$28,746,000 5. Resolution to AFFIRM the City's commitment to fund the Locality Share of Projects and PROVIDE Signature Authority for projects under agreement with the Virginia Department of Transportation(VDOT) 6. Ordinance to EXTEND the Sunset date to June 30,2025 provided in Ordinance#3625 re allow the completion of the City's Second Disparity Study III. ADJOURNMENT 6:33 PM