City Council - Formal Session

CITY OF VIRGINIA BEACH “COMMUNITY FOR A LIFETIME” CITY COUNCIL MAYOR ROBERT M. "BOBBY" DYER - Mayor ROSEMARY C. WILSON - Vice Mayor District 5 MICHAEL F. BERLUCCHI - District 3 BARBARA M. HENLEY - District 2 DAVID HUTECHESON - District 1 ROBERT W. "WORTH" REMICK - District 6 DR. AMELIA N. ROSS-HAMMOND - District 4 JENNIFER ROUSE - District 10 JOASHUA F. "JOASH" SCHULMAN - District 9 CHRIS TAYLOR - District 8 SABRINA D. WOOTEN - District 7 CITY HALL BUILDING CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER – PATRICK A. DUHANEY PHONE: (757)-385-4303 CITY ATTORNEY – MARK D. STILES January 16, 2024 FAX (757) 385-5669 CITY ASSESSOR – SUE CUNNINGHAM CITY AUDITOR – LYNDON S. REMIAS EMAIL: CITYCOUNCIL@vbgov.com CITY CLERK – AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFING - CONFERENCE ROOM- 3:30 PM 1. GENERAL ASSEMBLY LEGISLATIVE UPDATE Brent McKenzie, Legislative Affairs Liaison 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 1. Motion to Recess to Closed Session V. FORMAL SESSION - CITY COUNCIL CHAMBER - 6:00 PM A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer B. INVOCATION Reverend Dee Dee Carson Pastor, First Presbyterian Church 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 1. Certify Closed Session G. MAYOR'S PRESENTATION 1. NATIONAL SLAVERY AND HUMAN TRAFFICKING PREVENTION MONTH - PROCLAMATION Lisa Kersey – Freekind Naomi Estaris – EnJewel H. PUBLIC HEARING Public Hearing AD 1. ACQUISITION BY AGREEMENT OR CONDEMNATION Centerville Turnpike Phase II Project I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS Ordinance to AUTHORIZE a 20’ (3,216 square feet) Utility Easement across a portion of the City’s Lake Gaston Pipeline to Greensville County Water and Sewer Authority and DECLARE such easement to be in EXCESS of the City’s needs Resolution to DISSOLVE the Investigation Review Panel Ordinance to EXTEND the date to satisfy the conditions re closing approximately 21,961 square feet portion of former Princess Anne Road adjacent to 2040 Nimmo Church Lane Resolution to DIRECT the City Manager to undertake an Economic Impact Study and Infrastructure Cost Analysis for the Virginia Beach Sports and Convention District (the “District”) and PROVIDE further direction on the Land Use Plan that includes the District re Capstone Proposal (Requested by Mayor Dyer) Ordinance to ACCEPT and APPROPRIATE $125,092 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re substance abuse prevention and treatment programs Ordinance to ACCEPT and APPROPRIATE $116,558 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re STEP-VA initiative Ordinance to ACCEPT and APPROPRIATE $46,300 from the Virginia Department of Criminal Justice Services to the FY 2023-24 Human Services Operating Budget re Community Corrections and Pretrial Services Ordinance to TRANSFER $25,000 from the General Fund Reserve for Contingencies to the Non- Departmental Operating Budget and AUTHORIZE the City Manager to EXECUTE a sponsorship agreement with the Urban League of Hampton Roads, Inc. re 40th Annual Martin Luther King, Jr. Awards Breakfast (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Ross-Hammond and Schulman) Ordinance to TRANSFER $150,000 from the General Fund Reserve for Contingencies to the Department of Cultural Affairs and AUTHORIZE a grant to the Virginia Musical Theatre, Inc. re support its productions (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Henley, Remick, Ross-Hammond and Schulman) K. PLANNING Planning Ad MATTHEW A. GALUMBECK & JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION, A DEFUNCT CORPORATION for a Street Closure re a portion of an unimproved lane adjacent to the rear of 7502 & 7504 Atlantic Avenue DISTRICT 6 RECOMMENDATION: APPROVAL RAHSHA BATISTE / VICINITY HOLDINGS, LLC for a Change of Zoning from O-2 Office District to B-2 Community Business District and a Conditional Use Permit re tattoo parlor at 3396 Holland Road DISTRICT 10 RECOMMENDATION: APPROVAL JAMILA BARNES / EXECUTIVE COVE, LLC for a Conditional Use Permit re tattoo parlor at 5608 Virginia Beach Boulevard, Suite 505 DISTRICT 4 RECOMMENDATION: APPROVAL TIFFANY LUONG / CHAMBORD COMMONS, LLC for a Conditional Use Permit re tattoo parlor at 332 North Great Neck Road, Suites 103 & 104 DISTRICT 6 RECOMMENDATION: APPROVAL ALLIENA WESTLEIGH / SAW CONTRACTING, INC for a Conditional Use Permit re residential kennel at 5205 Shore Drive DISTRICT 9 RECOMMENDATION: APPROVAL L. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM DEFERRED COMPENSATION BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD  PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE TRANSITION AREA/ INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *************************** Packet Pg. 5 5.G.1 Communication: NATIONAL SLAVERY AND HUMAN TRAFFICKING PREVENTION MONTH - (MAYOR'S PRESENTATION) Packet Pg. 6 Communication: Public Hearing AD (PUBLIC HEARING) Packet Pg. 7 5.H.1 Communication: ACQUISITION BY AGREEMENT OR CONDEMNATION (PUBLIC HEARING) Packet Pg. 8 5.H.1 Communication: ACQUISITION BY AGREEMENT OR CONDEMNATION (PUBLIC HEARING) Packet Pg. 9 5.H.1 Communication: ACQUISITION BY AGREEMENT OR CONDEMNATION (PUBLIC HEARING)  5.H.1 Packet Pg. 10 Communication: ACQUISITION BY AGREEMENT OR CONDEMNATION (PUBLIC HEARING)  5.H.1 Packet Pg. 11 Communication: ACQUISITION BY AGREEMENT OR CONDEMNATION (PUBLIC HEARING)  5.H.1 Packet Pg. 12 Communication: ACQUISITION BY AGREEMENT OR CONDEMNATION (PUBLIC HEARING)  5.J.a Packet Pg. 13 Attachment: Ordinance to authorize granting a 20’ (3,216 sq. ft.) utility easement across a portion of the City’s Lake Gaston Pipeline property  5.J.a Packet Pg. 14 Attachment: Ordinance to authorize granting a 20’ (3,216 sq. ft.) utility easement across a portion of the City’s Lake Gaston Pipeline property  5.J.a Packet Pg. 15 Attachment: Ordinance to authorize granting a 20’ (3,216 sq. ft.) utility easement across a portion of the City’s Lake Gaston Pipeline property  5.J.a Packet Pg. 16 Attachment: Ordinance to authorize granting a 20’ (3,216 sq. ft.) utility easement across a portion of the City’s Lake Gaston Pipeline property  5.J.a Packet Pg. 17 Attachment: Ordinance to authorize granting a 20’ (3,216 sq. ft.) utility easement across a portion of the City’s Lake Gaston Pipeline property  5.J.a Packet Pg. 18 Attachment: Ordinance to authorize granting a 20’ (3,216 sq. ft.) utility easement across a portion of the City’s Lake Gaston Pipeline property  5.J.a Packet Pg. 19 Attachment: Ordinance to authorize granting a 20’ (3,216 sq. ft.) utility easement across a portion of the City’s Lake Gaston Pipeline property  5.J.a Packet Pg. 20 Attachment: Ordinance to authorize granting a 20’ (3,216 sq. ft.) utility easement across a portion of the City’s Lake Gaston Pipeline property  5.J.a Packet Pg. 21 Attachment: Ordinance to authorize granting a 20’ (3,216 sq. ft.) utility easement across a portion of the City’s Lake Gaston Pipeline property  5.J.a Packet Pg. 22 Attachment: Ordinance to authorize granting a 20’ (3,216 sq. ft.) utility easement across a portion of the City’s Lake Gaston Pipeline property  5.J.a Packet Pg. 23 Attachment: Ordinance to authorize granting a 20’ (3,216 sq. ft.) utility easement across a portion of the City’s Lake Gaston Pipeline property  5.J.a Packet Pg. 24 Attachment: Ordinance to authorize granting a 20’ (3,216 sq. ft.) utility easement across a portion of the City’s Lake Gaston Pipeline property  5.J.a Packet Pg. 25 Attachment: Ordinance to authorize granting a 20’ (3,216 sq. ft.) utility easement across a portion of the City’s Lake Gaston Pipeline property  5.J.a Packet Pg. 26 Attachment: J.2. Ordinance to Dissolve the Investigation Review Panel (3650 : Resolution to Dissolve the Investigation Review Panel)  5.J.a Packet Pg. 27 Attachment: J.2. Ordinance to Dissolve the Investigation Review Panel (3650 : Resolution to Dissolve the Investigation Review Panel)  5.J.a Packet Pg. 28 Attachment: J.2. Ordinance to Dissolve the Investigation Review Panel (3650 : Resolution to Dissolve the Investigation Review Panel)  5.J.a Packet Pg. 29 Attachment: J.3. Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing an Approximately 21,961 Sq. Ft. Portion of  5.J.a Packet Pg. 30 Attachment: J.3. Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing an Approximately 21,961 Sq. Ft. Portion of  5.J.a Packet Pg. 31 Attachment: J.3. Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing an Approximately 21,961 Sq. Ft. Portion of  5.J.a Packet Pg. 32 Attachment: J.3. Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing an Approximately 21,961 Sq. Ft. Portion of  5.J.a Packet Pg. 33 Attachment: J.3. Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing an Approximately 21,961 Sq. Ft. Portion of  5.J.a Packet Pg. 34 Attachment: J.3. Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing an Approximately 21,961 Sq. Ft. Portion of  5.J.a Packet Pg. 35 Attachment: J.3. Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing an Approximately 21,961 Sq. Ft. Portion of  5.J.a Packet Pg. 36 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 37 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 38 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 39 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 40 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 41 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 42 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 43 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 44 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 45 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 46 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 47 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 48 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 49 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 50 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 51 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 52 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 53 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 54 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 55 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 56 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 57 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 58 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 59 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 60 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 61 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 62 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 63 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 64 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 65 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 66 Attachment: J.4. Resolution to undertake an Economic Impact Study and Infrastructure Cost Analysis - Capston Proposal (3651 : Resolution to  5.J.a Packet Pg. 67 Attachment: J.5. Ordinance to Accept and Appropriate State Funds for Substance Abuse Prevention and Treatment Programs (3641 :  5.J.a Packet Pg. 68 Attachment: J.5. Ordinance to Accept and Appropriate State Funds for Substance Abuse Prevention and Treatment Programs (3641 :  5.J.a Packet Pg. 69 Attachment: J.6. Ordinance to Accept and Appropriate State Funds for the STEP-VA Initiative (3640 : Ordinance to Accept and Appropriate  5.J.a Packet Pg. 70 Attachment: J.6. Ordinance to Accept and Appropriate State Funds for the STEP-VA Initiative (3640 : Ordinance to Accept and Appropriate  5.J.a Packet Pg. 71 Attachment: J.7. Ordinance to Accept and Appropriate Grant Funds For Community Corrections Pretrial Services (3639 : Ordinance to Accept  5.J.a Packet Pg. 72 Attachment: J.7. Ordinance to Accept and Appropriate Grant Funds For Community Corrections Pretrial Services (3639 : Ordinance to Accept  5.J.a Packet Pg. 73 Attachment: J.8. Ordinance to Transfer re Martin Luther King Awards Breakfast (3657 : Ordinance to TRANSFER $25,000 re 40th Annual Martin  5.J.a Packet Pg. 74 Attachment: J.8. Ordinance to Transfer re Martin Luther King Awards Breakfast (3657 : Ordinance to TRANSFER $25,000 re 40th Annual Martin  5.J.a Packet Pg. 75 Attachment: J.9. Ordinance to Transfer re Virginia Musical Theatre (3652 : Ordinance to transfer $150,000 from the Reserve for Contingencies  5.J.a Packet Pg. 76 Attachment: J.9. Ordinance to Transfer re Virginia Musical Theatre (3652 : Ordinance to transfer $150,000 from the Reserve for Contingencies  5.J.a Packet Pg. 77 Attachment: J.9. Ordinance to Transfer re Virginia Musical Theatre (3652 : Ordinance to transfer $150,000 from the Reserve for Contingencies  5.J.a Packet Pg. 78 Attachment: J.9. Ordinance to Transfer re Virginia Musical Theatre (3652 : Ordinance to transfer $150,000 from the Reserve for Contingencies  5.J.a Packet Pg. 79 Attachment: J.9. Ordinance to Transfer re Virginia Musical Theatre (3652 : Ordinance to transfer $150,000 from the Reserve for Contingencies  5.J.a Packet Pg. 80 Attachment: J.9. Ordinance to Transfer re Virginia Musical Theatre (3652 : Ordinance to transfer $150,000 from the Reserve for Contingencies  5.J.a Packet Pg. 81 Attachment: J.9. Ordinance to Transfer re Virginia Musical Theatre (3652 : Ordinance to transfer $150,000 from the Reserve for Contingencies  5.J.a Packet Pg. 82 Attachment: J.9. Ordinance to Transfer re Virginia Musical Theatre (3652 : Ordinance to transfer $150,000 from the Reserve for Contingencies  5.J.a Packet Pg. 83 Attachment: J.9. Ordinance to Transfer re Virginia Musical Theatre (3652 : Ordinance to transfer $150,000 from the Reserve for Contingencies  5.J.a Packet Pg. 84 Attachment: J.9. Ordinance to Transfer re Virginia Musical Theatre (3652 : Ordinance to transfer $150,000 from the Reserve for Contingencies  5.J.a Packet Pg. 85 Attachment: J.9. Ordinance to Transfer re Virginia Musical Theatre (3652 : Ordinance to transfer $150,000 from the Reserve for Contingencies  5.J.a Packet Pg. 86 Attachment: J.9. Ordinance to Transfer re Virginia Musical Theatre (3652 : Ordinance to transfer $150,000 from the Reserve for Contingencies  5.J.a Packet Pg. 87 Attachment: J.9. Ordinance to Transfer re Virginia Musical Theatre (3652 : Ordinance to transfer $150,000 from the Reserve for Contingencies  5.J.a Packet Pg. 88 Attachment: J.9. Ordinance to Transfer re Virginia Musical Theatre (3652 : Ordinance to transfer $150,000 from the Reserve for Contingencies Packet Pg. 89 Communication: Planning Ad (PLANNING)  MATTHEW A. GALUMBECK & JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION, A DEFUNCT CORPORATION FOR A STREET CLOSURE RE A PORTION OF AN UNIMPROVED LANE ADJACENT TO THE REAR OF 7502 & 7504 ATLANTIC AVENUE DISTRICT 6 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 90  5.K.a Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Matthew A. Galumbeck and James T. Cromwell, Esq., Receiver for Shore Realty Corp., for the Closure of a Portion of an Unimproved Lane Adjacent to the Rear of 7502 & 7504 Atlantic Avenue MEETING DATE: January 16, 2024  Background: Matthew A. Galumbeck (“Galumbeck”) and James T. Cromwell Esq., Receiver for Shore Realty Corp., (collectively, the “Applicants”) requested the closure of approximately 525 square feet of an unimproved lane (the “Right-of-Way”) adjacent to the rear of Galumbeck’s property, located at 7502 & 7504 Atlantic Avenue (GPINs 2419-67-2076, 2419-67-1078), for the purpose of incorporating the closed area into Galumbeck’s adjoining property. The underlying fee title in the area proposed for closure is vested in Shore Realty Corporation, a defunct corporation. Galumbeck petitioned the Court to have a Receiver appointed for the purpose of making application for closure of the Right- of-Way. By Court order entered on August 1, 2022, James T. Cromwell, Esq. was appointed Receiver for Shore Realty Corporation and was authorized to convey the fee interest of the Right-of-Way to the adjoining property owner for this proposed street closure request.  Considerations: On September 15, 2020 & September 15, 2022, City Council approved the closure of portions of the unimproved lanes located in the same block as 7502 & 7504 Atlantic Avenue. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There was no opposition to the request.  Recommendation: On December 13, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by recorded vote of 9-0, to recommend approval of this request, subject to 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 shall be Packet Pg. 91  5.K.a Matthew A. Galumbeck and James T. Cromwell, Esq. Page 2 of 2 determined according to the “Policy Regarding Purchase of the City’s Interest Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. in Streets Pursuant to Street Closures,” approved by City Council. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the Right-of-Way to the City of Virginia Beach, subject to the 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 Applicants or the Applicants’ successors or assigns shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by the City Council. If the conditions noted above are not accomplished 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: Packet Pg. 92  5.K.a 1 ORDINANCE APPROVING APPLICATION OF MATTHEW 2 A. GALUMBECK AND JAMES T. CROMWELL, ESQ., Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. 3 RECEIVER FOR SHORE REALTY CORP., FOR THE 4 CLOSURE OF A PORTION OF AN UNIMPROVED LANE 5 ADJACENT TO THE REAR OF 7502 & 7504 ATLANTIC 6 AVENUE 7 8 WHEREAS, Matthew A. Galumbeck and James T. Cromwell, Esq., Receiver for 9 Shore Realty Corporation, a defunct corporation (collectively, the “Applicants”), applied 10 to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 11 unimproved right-of-way discontinued, closed, and vacated; and 12 13 WHEREAS, it is the judgment of the Council that said right-of-way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before one (1) year from City Council’s adoption of this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION I 21 22 That the hereinafter described unimproved right-of-way (the “Right-of-Way”) be 23 discontinued, closed and vacated, subject to certain conditions being met on or before 24 one (1) year from City Council’s adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as “AREA OF PROPOSED STREET CLOSURE 29 (525 SQ. FT. OR 0.012 ACRES)” and shown as the hatched 30 area on that certain street closure exhibit entitled: “STREET 31 CLOSURE EXHIBIT OF A 15’ X 35’ PORTION OF THE 15’ 32 LANE (PUBLIC R/W) ADJACENT TO LOTS 12 & PART OF 33 LOT 11 SHORE REALTY CORP. (M.B. 7, PG. 124) VIRGINIA 34 BEACH, VIRGINIA”, Scale: 1” = 20’, dated September 20, 35 2023, prepared by WPL, a copy of which is attached hereto as 36 Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council’s adoption of this ordinance: 42 43 1. The City Attorney’s Office will make the final determination regarding 44 ownership of the underlying fee. The purchase price to be paid to the City shall be 45 46 No GPIN Assigned (City Right-of-Way) 47 Adjacent GPINs: 2419-67-2076 and 2419-67-1078-1850 1 Packet Pg. 93  5.K.a 48 determined according to the “Policy Regarding Purchase of City’s Interest in Streets 49 Pursuant to Street Closures,” approved by City Council. Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. 50 51 2. The Applicants shall resubdivide the property and vacate internal lot lines 52 to incorporate the closed area into the adjoining lots. The resubdivision plat must be 53 submitted and approved for recordation prior to the final street closure approval. Said 54 plat shall include the dedication of a public drainage easement over the closed portion 55 of the Right-of-Way to the City of Virginia Beach, subject to the approval of the 56 Department of Public Works and the City Attorney’s Office, which easement shall 57 include a right of reasonable ingress and egress. 58 59 3. The Applicants or the Applicants’ successors or assigns shall verify that 60 no private utilities exist within the Right-of-Way proposed for the closure. If private 61 utilities do exist, easements satisfactory to the utility company, must be provided. 62 63 4. Closure of the Right-of-Way shall be contingent upon compliance with the 64 above stated conditions within 365 days of approval by the City Council. If the 65 conditions noted above are not accomplished and the final plat is not approved for 66 recordation within one year of the City Council vote to close the Right-of-Way this 67 approval shall be considered null and void. 68 69 SECTION III 70 71 1. If the preceding conditions are not fulfilled on or before January 15, 2025, 72 this Ordinance will be deemed null and void without further action by the City Council. 73 74 2. If all conditions are met on or before January 15, 2025, the date of final 75 closure is the date the street closure ordinance is recorded by the City Attorney. 76 77 3. In the event the City of Virginia Beach has any interest in the underlying 78 fee, the City Manager or his designee is authorized to execute whatever documents, if 79 any, that may be requested to convey such interest, provided said documents are 80 approved by the City Attorney’s Office. 81 82 SECTION IV 83 84 A certified copy of this Ordinance shall be filed in the Clerk’s Office of the Circuit 85 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 86 VIRGINIA BEACH (“Grantor”) and MATTHEW A GALUMBECK and JAMES T. 87 CROMWELL, ESQ., Receiver for Shore Realty Corporation, a defunct corporation 88 (“Grantees”). 89 90 Adopted by the Council of the City of Virginia Beach, Virginia, on this _____ day 91 of _____________, 20___. 2 Packet Pg. 94  5.K.a APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. __________________________ __________________________ Planning Department City Attorney CA16250 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d027\p048\00934868.doc R-1 December 29, 2023 3 Packet Pg. 95  5.K.a Applicant Matthew A. Galumbeck & James T. Cromwell, Agenda Item 2 Receiver for Shore Realty Corporation, a defunct corporation Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. Planning Commission Public Hearing December 13, 2023 City Council District 6 Request Street Closure Staff Recommendation Approval Staff Planner Marchelle Coleman Location Portion of the unimproved right-of-way between 7502 & 7504 Atlantic Avenue and 202 & 204 76th Street GPINS 2419672076, 2419671078 Site Size 525 square feet AICUZ Less than 65 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District Unimproved lane Surrounding Land Uses and Zoning Districts North Unimproved lane South Unimproved lane East Duplex / R-5R (NE) Residential (North End Overlay) West Duplex / R-5R (NE) Residential (North End Overlay) Matthew A. Galumbeck & James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 PacketPage Pg.196  5.K.a Background & Summary of Proposal • The applicant is requesting to close a portion of the unimproved lane adjacent to the rear lot line of the duplex Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. dwelling at 7502 and 7504 Atlantic Avenue and the side lot line of the duplex at 202 and 204 76th Street. As shown on the submitted street closure exhibit, the proposal includes closure of a 15-foot wide by 35-foot-long portion of the unimproved lane, totaling 525 square feet, and incorporating that land into the existing adjacent residential lot to the east addressed 7502 and 7504 Atlantic Avenue and as identified as Lots 11 & 12, Shore Realty Corp. on the submitted survey. The property owner of the duplex at 202 and 204 76th Street is not interested in purchasing half of the lane. • On September 15, 2020, the City Council approved the closure of a portion of the southern half of this lane adjacent to Lots 8, 9, 10, 46 and the southern 15 feet of Lot 11. The northern half of this lane adjacent to Lots 13 & 14 was approved for closure on September 15, 2022. At that time, the applicant (Matthew A. Galumbeck) was one of the property owners along this lane who was not party to the application. • The underlying fee title in the area proposed for closure is vested in Shore Realty Corporation, a defunct corporation. In 2020 & 2022, the property owners of the residential lots adjacent to the area proposed for closure joined together to petition the court to have a Receiver appointed for the purpose of making application for closure of the alley and lanes between 75th and 76th Streets. By Court order entered on August 1, 2022, James T. Cromwell was appointed Receiver for Shore Realty Corporation and received approval to convey the fee interest of the lane to the respective adjoining property owner for this proposed street closure request. 1 Zoning History # Request 1 STC (Portion of unimproved lane) Approved 09/15/2022 2 2 STC (Portion of unimproved lane between 75th & 76th Streets) Approved 09/15/2020 2 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation As required by City Code, a Viewers’ Meeting was held on October 20, 2023, that included City Staff from the Departments of Public Works, Planning and Community Development, and the Office of the City Attorney, to consider this request. The Viewers determined that the proposed closure will not result in a public inconvenience; therefore, closure of this portion of right-of-way is deemed acceptable. Matthew A. Galumbeck & James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 PacketPage Pg.297  5.K.a This portion of the unimproved lane (15-foot wide by 35-ft long) does not provide pedestrian or vehicular access to any waterway, recreation area, or residence; therefore, no vehicular or pedestrian connectivity would be lost with this closure request. There are no public utilities within this lane, as indicated by the Department of Public Utilities; however, the Department of Public Works has specified a need for a drainage easement over the proposed closed area to be Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. included on the resubdivision plat, as recommended in Condition 2. As stated previously, on September 15, 2020 and September 15, 2022, the City Council approved the closure of a portion of the alleys and lanes between 75th and 76th Streets. Similar closures have been approved in this area before and have not resulted in any public inconvenience. Based on the considerations above, Staff recommends approval of the proposed Street Closure subject to the Conditions listed below. 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 shall be determined according to the “Policy Regarding Purchase of the City’s Interest in Streets Pursuant to Street Closures,” approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the lane to the City of Virginia Beach, subject to the 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 or the applicant’s successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by the City Council. If the conditions noted above are not accomplished 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. 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. There does not appear to be significant natural or cultural resources associated with the site. Matthew A. Galumbeck & James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 PacketPage Pg.398  5.K.a Public Outreach Information Planning Commission Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 13, 2023. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, November 29, 2023 and December 6, 2023. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 27, 2023. • 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 December 7, 2023. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, January 2, 2024 and January 9, 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 December 29, 2023. • 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 January 12, 2024. Matthew A. Galumbeck & James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 PacketPage Pg.499  5.K.a Street Closure Exhibit Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. Matthew A. Galumbeck & James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 PacketPage Pg. 5 100  5.K.a Site Photos Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. Matthew A. Galumbeck & James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 PacketPage Pg. 6 101  5.K.a Disclosure Statement Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. Matthew A. Galumbeck & James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 PacketPage Pg. 7 102  5.K.a Disclosure Statement Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. Matthew A. Galumbeck & James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 PacketPage Pg. 8 103  5.K.a Disclosure Statement Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. X 12/27/2023 Marchelle L. Coleman Matthew A. Galumbeck & James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 PacketPage Pg. 9 104  5.K.a Disclosure Statement Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. Matthew A. Galumbeck & James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 PacketPage Pg.10 105  5.K.a Disclosure Statement Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. Matthew A. Galumbeck & James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 PacketPage Pg.1106  5.K.a Disclosure Statement Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. Matthew A. Galumbeck & James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 PacketPage Pg.12 107  5.K.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. 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. Matthew A. Galumbeck & James T. Cromwell, Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 2 PacketPage Pg.13 108  R5R(NE) eet 5.K.a R5R(NE) 76th S t r R5R(NE) R5R(NE) Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving S t reet 76th Atlan R5R(NE) R5R(NE) e venu tic A R5R(NE) R5R(NE) S t reet 75th R5R(NE) R5R(NE) S t re et R5R(NE) 75th R5R(NE) R5R(NE) R5R(NE) Site Matthew A. Galumbeck & James T. Cromwell, Esq. Receiver for Property_Polygons Zoning Shore Realty Corporation, a Defunct Corporation 7502 & 7504 Atlantic Avenue, 202 & 204 76th Street µ Feet 0 15 30 60 90 120 Packet 150 Pg. 180109 Building  5.K.a Virginia Beach Planning Commission Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. November 8, 2023, Public Meeting Agenda Item # 2 Matthew A. Galumbeck & James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a Defunct Corporation RECOMMENDED FOR APPROVAL- CONSENT Mr. Alcaraz: Alright, thank you. So, the other one was just a discussion for deferral. Alright, so now we'll move to the consent agenda. Is that correct? There's one was going to defer. It's a discussion. Thank you. Mr. Horsley. Mr. Horsley: Okay, there, I'm not sure how many there are, four or five on a consent agenda, and I'll start with number two, Matthew A. Galumbeck and James Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, street closure. Mr. Bourdon. Mr. Bourdon: Thank you, Mr. Horsley. For the record, Eddie Bourdon, Virginia Beach attorney, no longer a teenager and we appreciate this item being on the consent agenda, appreciate Marchelle's work on this item. All four conditions as recommended in the staff report are acceptable to the applicant and I'm going to say my two words. Mrs. Henley and Dee everybody was correct, but they hit the nails on the head. Don's done great things for this city and will continue to, but the one with the biggest impact and the most lasting impact is the Ag Reserve Program, which John Baum had a tremendous amount to do with. Not just Don, or Mary Heinrich, or a lot of other people, but that is the most important decision in my view that this city, other than merging -- county merging with the town to get away from Norfolk ever did. So, thank you, Don. Mr. Horsley: Thank you. Alright, is there any opposition to this being on consent agenda? Hearing none, I'm going to ask Mr. Plumlee if he'd read this into the record. Mr. Plumlee: Thank you. The applicant's requesting to close a portion of the unimproved lane adjacent to the rear lot line of duplex dwelling at 7502 and 7504 Atlantic Avenue. There's been no opposition to it, and I think the applicant has accepted all the conditions in terms of the arrangement. So therefore, Planning Commission is recommending approval by consent. Packet Pg. 110  5.K.a Attachment: PLA - 01_ARF Package for Matthew A. Galumbeck (COMBINED) (3645 : Ordinance Approving Application of Matthew A. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson ABS Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris ABS Hippen AYE Horsley AYE Parks AYE 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 shall be determined according to the “Policy Regarding Purchase of the City’s Interest in Streets Pursuant to Street Closures,” approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the lane to the City of Virginia Beach, subject to the 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 or the applicant’s successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by the City Council. If the conditions noted above are not accomplished 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. Packet Pg. 111  RAHSHA BATISTE / VICINITY HOLDINGS, LLC FOR A CHANGE OF ZONING FROM O-2 OFFICE DISTRICT TO B-2 COMMUNITY BUSINESS DISTRICT AND A CONDITIONAL USE PERMIT RE TATTOO PARLOR AT 3396 HOLLAND ROAD DISTRICT 10 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 112  5.K.a Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC [PROPERTY OWNER] Change of Zoning (O-2 Office District to B-2 Business Community District) & Conditional Use Permit (Tattoo Parlor) for the property located at 3396 Holland Road (GPIN 1486815934). COUNCIL DISTRICT 10 MEETING DATE: January 16, 2024  Background: This request is two-fold and includes a Rezoning from O-2 Office District to B-2 Community Business District as well as a Conditional Use Permit for the operation of a Tattoo Parlor, specifically, for the application of permanent makeup. The property is located along Holland Road, south of the intersection of Stoneshore Road. The proposed tattoo parlor will occupy a private room within the existing building of an incoming Med Spa. Services will be provided by appointment only, with two employees providing the permanent makeup services.  Considerations: The proposed use is, in staff’s opinion, acceptable, as the property is adjacent to other properties zoned B-2. Staff believes the rezoning of this property and the proposed use will not change the character of the area. All parking requirements have been met on-site. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. Five letters of support were received by staff. 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 December 13, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. Packet Pg. 113  5.K.a Rahsha Batiste Page 2 of 2 1. A business license for the Tattoo Parlor shall not be issued to the applicant Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC 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.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (5) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 114  5.K.a Applicant Rahsha Batiste Agenda Items 7&8 Property Owner Vicinity Holdings, LLC Planning Commission Public Hearing December 13, 2023 Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC City Council District 10 Requests #7 - Rezoning (O-2 Office to B-2 Community Business) #8 - Conditional Use Permit (Tattoo Parlor) Staff Recommendation Approval Staff Planner Michaela D. McKinney Location 3396 Holland Road GPIN 1486815934 Site Size 0.69 acres (private suite 2,000 square feet) AICUZ 65-70 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office / O-2 Office Surrounding Land Uses and Zoning Districts North Religious Use, Parking Lot / O-2 Office South Holland Road Multi-Family-Apartment, Field / PD-H2 Planned Unit Development, B-2 Community Business East Religious Use / O-2 Office West Office / B-2 Community Business Rahsha Batiste Agenda Items 7 & 8 PacketPage Pg. 1 115  5.K.a Background & Summary of Proposal • The applicant is requesting to rezone the property at 3396 Holland Road from O-2 Office District to B-2 Community Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC Business, as well as a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup. The property is presently developed with a parking lot and an office building. • The applicant desires to rezone this property in order to operate a beauty spa within two of the existing suites. Services will include facial treatments, and permanent makeup. Proposed hours of operations are 10:00 a.m. to 6:00 p.m., Monday through Saturday. Two employees are anticipated. • The Zoning Ordinance requires a minimum of 21 parking spaces for this site. This site provides 35 parking spaces, exceeding the minimum parking requirement by 14 spaces. Interior renovations will occur within the building as well as new building signage. The existing parking lot and landscaping will remain. Zoning History # Request 1 CUP (Truck & Trailer Rentals) Approved 09/20/2022 2 CUP (Communication Tower) Approved 11/21/2018 CUP (Religious Use) Approved 07/14/2009 3 CRZ (B-1A to Conditional B-2) Approved 10/17/2017 4 3 2 CUP (Tattoo Parlor & Body Piercing Establishment) 10/17/2017 1 45 MDC (Business & Vocational School) 04/07/2017 CUP (Vocational Use) Approved 03/03/2015 CUP (Child Care Education Center) Approved 02/08/2005 CUP (Religious Use) Approved 11/23/2004 CUP (Religious Use) Approved 11/27/2001 CUP (Religious Use) Approved 10/10/2000 CUP (Religious Use) Approved 11/22/1994 4 CUP (Auto Repairs & Services) Approved 08/19/1985 5 CUP (Mini-warehouse) 01/09/1978 REZ (O-1 to B-2) 01/09/1978 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 These requests to rezone this property from O-2 Office to B-2 Community Business and a Conditional Use Permit to operate a Tattoo Parlor is acceptable. This site is located within the Suburban Area and Staff believes that the proposed use is compatible with other existing commercial businesses located in the vicinity. The Comprehensive Plan’s 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 the stability of the Suburban Area is maintained in a sustainable way. In Staff’s opinion, rezoning this site to B-2 Community Business District is complementary to this area as it is immediately adjacent to other properties zoned B-2 Community Business and O-2 Office Districts. For these reasons, Staff believes that the rezoning of this property and the proposed use will not change the character of this community. Prior to commencing operations on the site, the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code. Chapter 23-51 details the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, Rahsha Batiste Agenda Items 7 & 8 PacketPage Pg. 2 116  5.K.a and permitting applicable to such establishment. A Certificate of Occupancy will not be issued until the requirements are satisfied and Health Department approval is obtained. Given the aforementioned reasons, Staff recommends approval of this application, subject to the conditions listed below. Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC Recommended Conditions for Conditional Use Permit 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 This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan’s primary guiding principle is to create “Great Neighborhoods,” and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known natural or cultural resources. Rahsha Batiste Agenda Items 7 & 8 PacketPage Pg. 3 117  5.K.a Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC Existing Land Use 2 – 29 ADT Holland Road 31,000 ADT1 32,700 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – No Data Available 1 Average Daily Trips 2 as defined by an office space 3 4 No information available in the LOS = Level of Service ITE Trip Generation Manual for permanent makeup/tattoo parlor Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The MTP proposes a six-lane facility within a 165-foot right-of-way. There are currently no CIP projects to upgrade this section of Holland Road at this time. Public Utility Impacts Water & Sewer This site is connected to City water and sanitary sewer. Public Outreach Information Planning Commission • Five letters of support have been received by Staff noting the need for a Med Spa in the Holland Road area. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 13, 2023. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, November 29, 2023 and December 6, 2023. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 27, 2023. • 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 December 7, 2023. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, January 2, 2024 and January 9, 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 December 29, 2023 • 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 January 12, 2024. Rahsha Batiste Agenda Items 7 & 8 PacketPage Pg. 4 118  Site Survey Rahsha Batiste Agenda Items 7 & 8 PacketPage 119 Pg. 5 5.K.a Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC  Site Photos Rahsha Batiste Agenda Items 7 & 8 PacketPage 120 Pg. 6 5.K.a Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC  Site Photos Rahsha Batiste Agenda Items 7 & 8 PacketPage 121 Pg. 7 5.K.a Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC  Disclosure Statement Rahsha Batiste Agenda Items 7 & 8 PacketPage 122 Pg. 8 5.K.a Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC  Disclosure Statement Rahsha Batiste Agenda Items 7 & 8 PacketPage 123 Pg. 9 5.K.a Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC  Disclosure Statement Rahsha Batiste Agenda Items 7 & 8 Packet Page 124 Pg.10 5.K.a Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC  Disclosure Statement Rahsha Batiste Agenda Items 7 & 8 Packet Page Pg.1125 5.K.a Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC  Disclosure Statement Rahsha Batiste Agenda Items 7 & 8 Packet Page 126 Pg.12 5.K.a Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC  Disclosure Statement Rahsha Batiste Agenda Items 7 & 8 Packet Page 127 Pg.13 5.K.a Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC  5.K.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC 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. Rahsha Batiste Agenda Items 7 & 8 Page Packet Pg.14 128  A12 5.K.a A12 PDH1 Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE PDH1 a d e Ro B2 B2 or esh O2 O2 o n St Ho O2 lla n dR oad B2 A12 A12 B2 B2 B2 A12 A12 A12 PDH1 PDH1 Site Property_Polygons Zoning Rahsha Batiste 3396 Holland Road µ Feet 0 30 60 120 180 240 Packet 300 360 Pg. 129 Building  5.K.a Virginia Beach Planning Commission November 8, 2023, Public Meeting Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC Agenda Items # 7 & 8 Rahsha Baptiste RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you, Ms. Byler. Next item on the consent agenda, item number seven and eight, Rahsha Batiste, Vicinity Holdings LLC, rezoning from O-2 to B-2. I'm sure I messed up your name. Ms. Batiste: It's okay. My name is Rahsha Batiste, and I definitely accept terms and conditions. Mr. Horsley: Okay. Are the conditions acceptable? Ms. Batiste: Yes. Mr. Horsley: Okay. Is there any opposition to this application? Hearing none, we've asked, thank you ma'am, asked Commissioner Parks if he'd read this into the record. Mr. Parks: Thank you. The applicant is requesting to rezone a property at 3396 Holland Road from O-2 Office District to B-2 Community Business, as well as a conditional use permit for tattoo parlor specifically for the application of permanent makeup. The applicant desires to rezone this property in order to operate a beauty spa within two of the existing suites. Services will be facial treatments and permanent makeup on Monday through Saturday between 10 a.m. and 6 p.m. There's no known opposition in five letters of support and knowing that that's why we've recommended it be placed on the consent agenda. Mr. Alcaraz: All right, I have a motion for those consent agenda items to be approved. Do I have a second? Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Is there any commissioners want to abstain? None? All right. Packet Pg. 130  5.K.a Madam Clerk: The vote is now open. By a vote of nine to zero, items two, four, seven, Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC eight, and nine have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson ABS Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris ABS Hippen AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure 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. Packet Pg. 131  5.K.a From: Carolyn Ducre To: Michaela D. Mckinney Subject: Rahsha Batiste Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC Date: Tuesday, November 21, 2023 5:21:49 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, This is for the property of 3396 Holland Road rezoning. I would be very grateful ro have a Day Spa/Med Spa at this property. It will bring more health and wellness to this area. I'm looking forward to Rahsha Batiste doing great things at this location   Best regards, Carolyn Ducre Packet Pg. 132  5.K.a From: Megan Newsome To: Michaela D. Mckinney Subject: 3396 Hollander Road Virginia Beach, VA Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC Date: Tuesday, November 21, 2023 1:17:07 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, I’d like to state that this is my petition in favor of a day spa / med spa at this address. It would be very favorable for the community and fellow businesses the Virginia Beach area. Thank you for your consideration. Megan G Newsome Packet Pg. 133  5.K.a From: Chloe Batiste To: Michaela D. Mckinney Subject: 3396 Holland Road Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC Date: Tuesday, November 21, 2023 1:16:29 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom it may concern, I’m definitely recommending the Day Spa/ Med Spa at this location for health and wellness in our area. This will only be an added bonus to Holland Road. Thanks in advance Chloe Batiste Packet Pg. 134  5.K.a From: Megan Newsome To: Michaela D. Mckinney Subject: 3396 Hollander Road Virginia Beach, VA Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC Date: Tuesday, November 21, 2023 1:17:07 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, I’d like to state that this is my petition in favor of a day spa / med spa at this address. It would be very favorable for the community and fellow businesses the Virginia Beach area. Thank you for your consideration. Megan G Newsome Packet Pg. 135  5.K.a From: Irina Sandoval-Hickson To: Michaela D. Mckinney Subject: 3396 Holland Road Attachment: PLA - 02_ARF Package for Rahsha Batiste (COMBINED) (3646 : RAHSHA BATISTE [Applicant] VICINTY HOLDINGS, LLC Date: Tuesday, November 28, 2023 12:00:05 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom it may concern, As I currently enjoy the current location of Unique Skin and Beauty owned by Rahsha Batiste, I am truly looking forward to the new location at 3396 Holland Road. This business is recommended & highly needed, as a Day Spa/ Med Spa at this location for health and wellness in our area. This will only be an added bonus to Holland Road. Thanks in advance. Packet Pg. 136  JAMILA BARNES / EXECUTIVE COVE, LLC FOR A CONDITIONAL USE PERMIT RE TATTOO PARLOR AT 5608 VIRGINIA BEACH BOULEVARD, SUITE 505 DISTRICT 4 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 137  5.K.a Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 5608 Virginia Beach Boulevard, Suite 505 (GPIN 1467289986). COUNCIL DISTRICT 4 MEETING DATE: January 16, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor in a 1,700 square-foot suite of the Executive Cove Center, an established shopping center near the border of Virginia Beach and Norfolk. Four to six employees are anticipated. Proposed hours of operation are Tuesday through Thursday from 10:00 a.m. to 9:00 p.m., Friday to Saturday from 10:00 a.m. to 10:00 p.m., and Sunday from noon to 6:00 p.m. Required parking is met on site.  Considerations: Tattoo Parlors are generally considered to be compatible with other retail and service uses like those existing in the center. The application of tattooing within an existing unit is not anticipated to have a negative impact on uses in or near the center. There is sufficient parking available on site for this suite in the existing shopping center. Due to the proximity of the site to the Virginia Beach/Norfolk City boundary, the application was routed to The Department of City Planning of the City of Norfolk for comment. Norfolk City Planning had no objections to 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. Staff received two letters of support from other tenants in the Executive Cove Center.  Recommendation: On December 13, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. 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. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. Packet Pg. 138  5.K.a Jamila Barnes Page 2 of 2 Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar 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: Packet Pg. 139  5.K.a Applicant Jamila Barnes Agenda Item 4 Property Owner Executive Cove, LLC Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property Planning Commission Public Hearing December 13, 2023 City Council District 4 Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation Approval Staff Planner Elizabeth Nowak Location 5608 Virginia Beach Boulevard, Suite 505 GPIN 1467289986 Site Size 17,310 square feet (1,700 square-foot suite) AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping Center / B-2 Community Business Surrounding Land Uses and Zoning Districts North Industrial use, multi-family dwellings / I-2 Heavy Industrial, A-18 Apartment South Virginia Beach Boulevard Office Buildings / O-2 Office East Vacant lot / B-2 Community Business West Automobile sales and service / B-2 Community Business Jamila Barnes Agenda Item 4 PacketPage Pg. 1 140  5.K.a Background & Summary of Proposal Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property • The applicant is requesting a Conditional Use Permit to operate a traditional Tattoo Parlor in a 1,700 square-foot suite of the Executive Cove Center. • Four to six employees are expected. • The proposed hours of operation are from 10:00 a.m. to 9:00 p.m., Tuesday through Thursday; 10:00 a.m. to 10:00 p.m. Friday to Saturday; and noon to 6:00 p.m. on Sundays. The parlor will be closed on Mondays. • A new wall sign and a tenant panel in the shopping center’s monument sign will be installed. There will be no other exterior alterations as part of this application. • Per Section 203(a)(33) of the Zoning Ordinance, one parking space is required for every 250 square feet for a shopping center of this size. This 17,310 square foot shopping center is required to have 69 parking spaces, which are met on site. 1 5 Zoning History # Request 7 1 CRZ (I-2 to Conditional B-2) 10/9/2012 CUP (Religious Use) Approved 10/9/2012 2 CUP (Automotive Repair) Approved 07/03/2012 3 CUP (Motor Vehicle Sales & Rentals) Approved 01/23/2001 4 CUP (Motor Vehicle Rentals) Approved 02/24/1998 5 CUP (Communication Tower) Approved 02/27/1996 6 CUP (Indoor Recreational Facility) Approved 01/09/1996 7 SVR Approved 02/11/1992 8 CUP (Sales & Service of Recreational Vehicles, Cars & Trucks) Approved 03/30/1987 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation In Staff’s opinion, this request for a Conditional Use Permit for a Tattoo Parlor is acceptable. The business will occupy an existing suite in the Executive Cove Center and Tattoo Parlors are generally considered to be compatible with other retail and service uses like those existing in the center. The application of tattooing within an existing unit is not anticipated to have a negative impact on uses in or near the center. There is sufficient parking available on site for this suite in the existing shopping center. Prior to commencing operations, the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code. Chapter 23-51 details the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting applicable to such an establishment. A Certificate of Occupancy shall not be issued until these requirements are satisfied and Health Department approval is obtained. Jamila Barnes Agenda Item 4 PacketPage Pg. 2 141  5.K.a For these reasons, Staff recommends approval of this application subject to the conditions listed below. Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property 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. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar 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 in the Suburban Area of the city. The vision for the Suburban Area emphasizes suburban patterns of residential development that are supported by residential services and other complementary non-residential uses, such as recreational opportunities. Commercial development, such as shopping centers, should be located near, but not within, residential neighborhoods and should have complementary massing, scale, and overall design. This application proposes no exterior alterations in an existing shopping center and is an expected strip commercial center use. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no exterior alterations proposed with this application. The project will affect no historical or cultural resources. Jamila Barnes Agenda Item 4 PacketPage Pg. 3 142  5.K.a Traffic Impacts Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 37,480 ADT1 74,000 ADT 1 (LOS 2 “D”) No Change Anticipated 1 Average Daily Trips 2 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard in the vicinity of this site is an eight-lane major urban arterial with a 140-foot right-of-way. The MTP calls for an eight-lane major arterial with an ultimate right-of-way width of 155 feet. There are currently no CIPs scheduled for Virginia Beach Boulevard near this site. Public Utility Impacts Water & Sewer The site is connected to both City water and sanitary sewer. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding tenants, and no objections were raised. Two letters of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign was placed on the property on November 13, 2023. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, November 29, 2023 and December 6, 2023. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 27, 2023. • 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 December 7, 2023. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, January 2, 2024 and January 9, 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 December 29, 2023 • 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 January 12, 2024. Jamila Barnes Agenda Item 4 PacketPage Pg. 4 143  Proposed Sign Design Jamila Barnes Agenda Item 4 5.K.a PacketPage 144 Pg. 5 Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property  Site Photos Jamila Barnes Agenda Item 4 5.K.a PacketPage 145 Pg. 6 Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property  Disclosure Statement Jamila Barnes Agenda Item 4 5.K.a PacketPage 146 Pg. 7 Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property  Disclosure Statement Jamila Barnes Agenda Item 4 5.K.a PacketPage 147 Pg. 8 Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property  Disclosure Statement Jamila Barnes Agenda Item 4 5.K.a PacketPage 148 Pg. 9 Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property  Disclosure Statement Jamila Barnes Agenda Item 4 5.K.a Packet Page 149 Pg.10 Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property  Disclosure Statement Jamila Barnes Agenda Item 4 5.K.a Packet Page Pg.1150 Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property  Disclosure Statement Jamila Barnes Agenda Item 4 5.K.a Packet Page 151 Pg.12 Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property  5.K.a Next Steps Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property • 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. Jamila Barnes Agenda Item 4 Page Packet Pg.13 152  5.K.a B4 B4 Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] oa d B2 I2 I2 ourt A12 B2 A18 A18 ow n R Pier C ourt Newt Port B2 C ad ad B2 B2 w n Ro O2 Ro Vir O2 gi n B2 Mayo ia B eac Newto B2 R10 R7.5 h Bo R10 R10 ul e R10 R7.5 var B2 R10 R10 d B2 B2 B2 Site Property_Polygons Zoning Jamila Barnes 5608 Virginia Beach Boulevard, Suite 505 µ Feet 0 50100 200 300 400 Packet 500 Pg. 600153 Building  5.K.a Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property Virginia Beach Planning Commission November 8, 2023, Public Meeting Agenda Items # 4 Jamila Barnes RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you, Mr. Plumlee. Next item on the consent is item number four Jamila Barnes, Executive Cove, LLC, conditional use for Tattoo Parlor. Ms. Barnes: Good morning, how you guys doing? Jamila Barnes. It's Jamila, by the way. Mr. Horsley: Are the conditions acceptable? Ms. Barnes: Yes. Mr. Horsley: Thank you. Ms. Barnes: Thank you. Mr. Horsley: Is there any opposition to this application? Seeing none, we've asked Commissioner Byler if she would read this into the record. Ms. Byler: This property is located at 5608 Virginia Beach Boulevard in Suite 505 in a small strip center. The applicant is requesting a conditional use permit to operate a traditional tattoo parlor in a 1,700 square-foot suite at the Executive Cove Center. There have been no letters or calls of opposition. There have been several letters of support, including other tenants in the strip center. City of Norfolk was reached out to because this is located approximately 1.5 miles from the Norfolk border and Norfolk Planning Department does not oppose it either. There being no opposition and only support, it is appropriate for the consent agenda. Mr. Horsley: That concludes the consent agenda. So, Mr. Chairman, I move that we accept item number two, Matthew A. Galumbeck and James Cromwell, item number four, Jamila Barnes, item number seven and eight, Rahsha Batiste, Vicinity Holdings and item number nine, Tiffany Luong, move they be approved. Mr. Alcaraz: All right, I have a motion for those consent agenda items to be approved. Do I have a second? Packet Pg. 154  5.K.a Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Is there any commissioners want to abstain? None? All right. Madam Clerk: The vote is now open. By a vote of nine to zero, items two, four, seven, eight, and nine have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson ABS Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris ABS Hippen AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar 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. Packet Pg. 155  5.K.a Packet Pg. 156 Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property  5.K.a Packet Pg. 157 Attachment: PLA - 03_ARF Package for Jamila Barnes (COMBINED) (3647 : JAMILA BARNES [Applicant] EXECUTIVE COVE, LLC [Property  TIFFANY LUONG / CHAMBORD COMMONS, LLC FOR A CONDITIONAL USE PERMIT RE TATTOO PARLOR AT 332 NORTH GREAT NECK ROAD, SUITES 103 & 104 DISTRICT 6 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 158  5.K.a Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 332 North Great Neck Road, Suites 103 & 104 (GPIN 2407065012). COUNCIL DISTRICT 6 MEETING DATE: January 16, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor for the application of permanent makeup in an existing 1,200 square foot suite in the Chambord Commons Shopping Center. The property is located near the intersection of North Great Neck Road & Laskin Road. Only one employee is anticipated. Typical hours of operation will be 10:00 a.m. to 5:30 p.m. Tuesday and Thursday, 10:00 a.m. to 7:00 p.m. Wednesday and Friday, 10:00 a.m. to 2:00 p.m. on Saturday, 10:00 a.m. to 4:00 p.m. on Sunday. The salon will be closed on Mondays. With the exception of signage, no exterior changes are proposed. Required parking is met on site.  Considerations: The proposed use is, in Staff’s opinion, acceptable and will be consistent with other retail establishments in the shopping center. Prior to operating, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. 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 December 13, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. 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. Packet Pg. 159  5.K.a Tiffany Luong Page 2 of 2 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC 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 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 160  5.K.a Applicant Tiffany Luong Agenda Item 9 Property Owner Chambord Commons, LLC Planning Commission Public Hearing December 13, 2023 Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC City Council District 6 Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation Approval Staff Planner Madison Eichholz Location 332 North Great Neck Road, Suite 103 GPIN 2407065012 Site Size 1,200 square feet AICUZ Greater than 75 dB DNL; APZ-2 Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping Center / B-2 Community Business Surrounding Land Uses and Zoning Districts North Single-family dwelling / R-7.5 Residential South Laskin Road & Virginia Beach Boulevard Restaurant / B-2 Community Business East Single-family dwellings / R-7.5 Residential West North Great Neck Road Shopping Center / B-2 Community Business Tiffany Luong Agenda Item 9 PacketPage Pg. 1 161  5.K.a Background & Summary of Proposal Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC • The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor, specifically for the application of permanent makeup, known as microblading, within an existing beauty salon in an existing Shopping Center. The shopping center is located along North Great Neck Road on property zoned B-2 Community Business District. • Microblading will take place in an existing 1,200 square foot suite. • According to the applicant, one employee is anticipated. • The typical hours of operation are 10:00 a.m. to 5:30 p.m. Tuesday and Thursday, 10:00 a.m. to 7:00 p.m. Wednesday and Friday, 10:00 a.m. to 2:00 p.m. on Saturday, 10:00 a.m. to 4:00 p.m. on Sunday. The salon will be closed on Mondays. • No exterior changes to the building are proposed except for the replacement of the signage for the existing suite with the new business logo in the existing monument-style sign as well as replacement of the signage over the suite in a size and style similar to the existing sign. 2 Zoning History # Request 3 1 2 CUP (Tattoo Parlor) Approved 02/15/2021 CUP (Child Daycare) Approved 03/26/2013 3 CUP (Communication Tower) Approved 02/24/2009 1 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The request for a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup, in Staff’s opinion, is acceptable given that the use is compatible with the other existing commercial businesses located in the vicinity and within this part of the Lynnhaven SGA. The application of permanent makeup within an existing commercial space is not expected to negatively impact other uses within the shopping center or the vicinity. Prior to commencing operations on the site, the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code. Chapter 23-51 details the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting applicable to such establishment. A Certificate of Occupancy will not be issued until the requirements are Tiffany Luong Agenda Item 9 PacketPage Pg. 2 162  5.K.a satisfied and Health Department approval is obtained. It is staff’s opinion that the proposed tattoo parlor will not result in a significant increase in traffic in this established strip shopping center as the use is consistent with typical strip shopping center uses. Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC 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 located within the Lynnhaven SGA. The applicant is requesting a Conditional Use Permit to operate a permanent makeup salon at 332 North Great Neck Road. The applicant has no intention at this time of altering the exterior building or site layout. As a compatible use that would support the diversity of businesses in an urban area of the City, Comprehensive Planning supports recommendation of this project. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known cultural or natural resources on the site. Tiffany Luong Agenda Item 9 PacketPage Pg. 3 163  5.K.a Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC North Great Neck Road 39,600 ADT1 36,900 ADT 1 (LOS 3 “D”) No Change Anticipated2 1 Average Daily Trips 2 as defined by a Tattoo Parlor in 3 LOS = Level of Service an existing Shopping Center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Great Neck Road is a suburban major arterial that has a divided four-lane typical section in front of the subject site. The Master Transportation Plan shows North Great Neck Road as a divided facility with a bikeway in a 120-foot right-of-way. There are no roadway CIP projects in the vicinity. Public Utility Impacts Water This is connected to City water. The existing 1-inch meter may be used or upgraded to accommodate the proposed use. If a plumbing permit is required, the water meter size will be evaluated by Public Utilities prior to permit issuance. Depending on the number/type of fixtures and use within the building(s), the water meter and water service line may need to be upgraded by the property owner. Sewer This is connected to City sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 13, 2023. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, November 29, 2023 and December 6, 2023. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 27, 2023. • 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 December 7, 2023. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, January 2, 2024 and January 9, 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 December 29, 2023 • 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 January 12, 2024. Tiffany Luong Agenda Item 9 PacketPage Pg. 4 164  Proposed Site Layout Tiffany Luong Agenda Item 9 5.K.a PacketPage 165 Pg. 5 Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC  Proposed Floor Plan Tiffany Luong Agenda Item 9 5.K.a PacketPage 166 Pg. 6 Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC  Site Photos Tiffany Luong Agenda Item 9 5.K.a PacketPage 167 Pg. 7 Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC  Disclosure Statement Tiffany Luong Agenda Item 9 5.K.a PacketPage 168 Pg. 8 Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC  Disclosure Statement Tiffany Luong Agenda Item 9 5.K.a PacketPage 169 Pg. 9 Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC  Disclosure Statement Tiffany Luong Agenda Item 9 5.K.a PacketPage 170 Pg.10 Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC  Disclosure Statement Tiffany Luong Agenda Item 9 5.K.a PacketPage Pg.1171 Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC  Disclosure Statement Tiffany Luong Agenda Item 9 5.K.a PacketPage 172 Pg.12 Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC  5.K.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC 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. Tiffany Luong Agenda Item 9 PacketPage Pg.13 173 R10 B2 5.K.a R7.5 R7.5 R10 B2 B2 B2 Circ le Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] Eastwood Circle R7.5 B2 ood R7.5 B2 We R7.5 R7.5 O2 stw O2 oad m Far Great Neck ing R B2 O2 ton B2 B2 O2 Ro ad B2 B2 va rd ad Bo ul e R o h in B eac sk ginia a L Vir 264 Site Property_Polygons Zoning Tiffany Luong 332 North Great Neck Road, Suites 103 & 104 µ Feet 0 30 60 120 180 240 Packet 300 360 Building Pg. 174  5.K.a Virginia Beach Planning Commission Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC November 8, 2023, Public Meeting Agenda Item # 9 Tiffany Luong RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you, Mr. Parks. The last item on the consent agenda is item number nine, Tiffany Luong, Chambord Commons, LLC. Conditional use permit for tattoo parlor. Ms. Luong: Hello everyone, my name's Tiffany. I accept all the term and conditions. Mr. Horsley: You accept the conditions? Ms. Luong: Yes. Mr. Horsley: Okay. Is there any opposition to this application? Seeing none, we've asked, thank you, Mr. Plumlee if he would read this into the record. Mr. Plumlee: The applicant is requesting a conditional use permit to operate a tattoo parlor for application of permanent makeup known as microblading within an existing beauty salon in the existing shopping center. It's located along the North Great Neck Road area, property zoned B-2. This has been recommended by our excellent staff for approval. There is no opposition to it and therefore, the Planning Commission appropriately placed it on the consent agenda. Mr. Horsley: Thank you, Mr. Plumlee. That concludes the consent agenda. So, Mr. Chairman, I move that we accept item number two, Matthew A. Galumbeck and James Cromwell, item number four, Jamila Barnes, item number seven and eight, Rahsha Batiste, Vicinity Holdings and item number nine, Tiffany Luong, move they be approved. Mr. Alcaraz: All right, I have a motion for those consent agenda items to be approved. Do I have a second? Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Is there any commissioners want to abstain? None? All right. Packet Pg. 175  5.K.a Attachment: PLA - 04_ARF Package for Tiffany Luong (COMBINED) (3648 : TIFFANY LUONG [Applicant] CHAMBORD COMMONS, LLC Madam Clerk: The vote is now open. By a vote of nine to zero, items two, four, seven, eight, and nine have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson ABS Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris ABS Hippen AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure 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. Packet Pg. 176  ALLIENA WESTLEIGH / SAW CONTRACTING, INC FOR A CONDITIONAL USE PERMIT RE RESIDENTIAL KENNEL AT 5205 SHORE DRIVE DISTRICT 9 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 177  5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] Conditional Use Permit (Residential Kennel) for the property located at 5205 Shore Drive (GPIN 1469880062). COUNCIL DISTRICT 9 MEETING DATE: January 16, 2024  Background: The applicant is requesting a Conditional Use Permit for a residential kennel to house their five personal dogs within a 1,700 square foot residence. The Zoning Ordinance allows up to four personal dogs on a property without a Conditional Use Permit for a Residential Kennel.  Considerations: All dogs will be kept inside the single-family dwelling, with only four dogs being allowed outside in the enclosed backyard at a time. No outdoor kennels are proposed and all dogs are vaccinated, microchipped, and registered according to the applicant. Since the applicant does not yet reside at the residence, Animal Control did not conduct a site visit. Three letters in support were received by Staff. There was one speaker in attendance at the Planning Commission public hearing who voiced concerns regarding a kennel within the neighborhood and the noise generated by five dogs within one home. In response, the Planning Commission modified Condition 1 to state that the applicant may have five dogs but once a dog is permanently removed from the home, it cannot be replaced with another dog. The applicant is aware of the amended condition and is agreeable to the change. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report.  Recommendation: On December 13, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. The Conditional Use Permit shall be limited to a maximum of five (5) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. Packet Pg. 178  5.K.a Alliena Westleigh Page 2 of 2 Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. There shall be no breeding of dogs on the site. 5. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. 6. No more than four (4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 179  5.K.a Applicant Alliena Westleigh Agenda Item 6 Property Owner Saw Contracting, Inc Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC Planning Commission Public Hearing December 13, 2023 City Council District 9 Request Conditional Use Permit (Residential Kennel) Staff Recommendation Approval Staff Planner Michaela McKinney Location 5205 Shore Drive GPIN 1469880062 Site Size 30,608 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling / R-30 Residential Surrounding Land Uses and Zoning Districts North Shore Drive Joint Expeditionary Base / I-2 Heavy Industrial South Single-family dwelling / R-30 Residential East Jack Frost Road Vacant lot/ R-20 Residential West Single-family dwelling / R-30 Residential Alliena Westleigh Agenda Item 6 PacketPage Pg. 1 180  5.K.a Background & Summary of Proposal Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC • The applicant is requesting a Conditional Use Permit for a Residential Kennel to house five personal dogs within the 1,700 square-foot residence in the Lake Shores neighborhood. The Zoning Ordinance allows up to four personal dogs on a property without a Conditional Use Permit. • The dogs will be kept indoors except for periods of relief and play in the fenced in backyard or daily walks. The applicant’s practice of permitting only four dogs outside at any given time and under supervision will continue should this proposal be approved. • No breeding of animals is proposed. There is no outdoor kennel or structure proposed with this request. • All animals are vaccinated, microchipped, and registered, per the applicant. No Zoning History 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 This request for a Conditional Use Permit for a Residential Kennel is acceptable. The property is located within the Suburban Area and the proposed use is considered an appropriate activity for this area. Section 223 of the Zoning Ordinance requires that kennel structures be at least 100 feet from the property line of any adjacent lot, except where animals are kept in soundproof, air‐conditioned buildings. There are no outdoor kennels proposed on this site, as all dogs living on the property will be housed inside the single‐family dwelling. The applicant has installed a six-foot tall wooden privacy fence on the southern portion of the property and a four-foot- tall privacy fence on the northern portion of the property to fully enclose the backyard. As previously indicated, only four dogs will be allowed outside at any given time to mitigate noise. Condition 6 is recommended to address this. Staff is recommending a condition to limit the number of dogs allowed on the property at any time to no more than 5 dogs as that is the number requested by the applicant. Staff also believes this will help reduce impacts to the adjacent residents. The applicant has also hired a company to treat the yard on a weekly basis to thoroughly remove waste. In addition, the applicant has hired pest services to come out to spray the yard and home for fleas and ticks. Alliena Westleigh Agenda Item 6 PacketPage Pg. 2 181  5.K.a Based on these considerations, Staff is recommending approval of this request subject to the conditions below. Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC Recommended Conditions 1. The Conditional Use Permit shall be limited to a maximum of five (5) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. There shall be no breeding of dogs on the site. 5. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. 6. No more than four (4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area of Virginia Beach. The general planning principles for the Suburban Area focus on creating and maintaining “great neighborhoods” which are sustainable, stable, and supported by complementary non-residential uses. 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 are no known cultural or natural resources. Alliena Westleigh Agenda Item 6 PacketPage Pg. 3 182  5.K.a Traffic Impacts Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC Street Name Present Volume Present Capacity Generated Traffic Shore Drive 23,450 ADT1 32,700 ADT 1 (LOS 4 “D”) Existing Land Use 2 – 10 ADT Proposed Land Use 3 – No Data Available Jack Frost Road 1,265 ADT1 9,900 ADT 1 (LOS 4 “D”) 1 Average Daily Trips 2 as defined by a single family 3 4 No information available in the LOS = Level of Service dwelling ITE Trip Generation Manual for dog kennels Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Shore Drive in the vicinity of this application is considered a four-lane divided major suburban arterial. The Master Transportation Plan proposes a six-lane divided facility within a 150 foot right-of-way. Jack Frost Road in the vicinity of this application is a two-lane undivided local street and this street is currently in Phase 3 of the City’s Traffic Calming Program because of speeding on this roadway. Access to this property is from Jack Frost Road. It is not included in the MTP. No roadway CIP projects are slated for this area. Public Utility Impacts Water & Sewer This site connects to City water and sanitary sewer. Public Outreach Information Planning Commission • Two letters of support have been received by Staff noting the applicant’s passion for dogs and ability to provide a loving environment for the animals. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 13, 2023. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, November 29, 2023 and December 6, 2023. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 27, 2023. • 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 December 7, 2023. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, January 2, 2024 and January 9, 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 December 29, 2023 Alliena Westleigh Agenda Item 6 PacketPage Pg. 4 183  5.K.a • 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 January 12, 2024. Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC Alliena Westleigh Agenda Item 6 PacketPage Pg. 5 184  Proposed Site Layout Alliena Westleigh Agenda Item 6 PacketPage 185 Pg. 6 5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC  Site Photos Alliena Westleigh Agenda Item 6 PacketPage 186 Pg. 7 5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC  Site Photos Alliena Westleigh Agenda Item 6 PacketPage 187 Pg. 8 5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC  Disclosure Statement Alliena Westleigh Agenda Item 6 PacketPage 188 Pg. 9 5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC  Disclosure Statement Alliena Westleigh Agenda Item 6 Packet Page 189 Pg.10 5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC  Disclosure Statement Alliena Westleigh Agenda Item 6 Packet Page Pg.1190 5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC  Disclosure Statement Alliena Westleigh Agenda Item 6 Packet Page 191 Pg.12 5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC  Disclosure Statement Alliena Westleigh Agenda Item 6 Packet Page 192 Pg.13 5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC  Disclosure Statement Alliena Westleigh Agenda Item 6 Packet Page 193 Pg.14 5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC  5.K.a Next Steps Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC • 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. Alliena Westleigh Agenda Item 6 Page Packet Pg.15 194  5.K.a Nider Boulevard Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH I2 I2 Shore Driv Shore Drive e Shore D rive R30 R30 R30 Tern Road R20 R20 A18 A18 Tern Road e an af R20 R20 L Le R20 R20 B2 O R10 ak Site Property_Polygons Zoning Alliena Westleigh 5205 Shore Drive µ Feet 0 50100 200 300 400 Packet 500 Pg. 600195 Building  5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC Virginia Beach Planning Commission December 13, 2023, Public Meeting Agenda Item # 6 Alliena Westleigh RECOMMENDED FOR APPROVAL Madam Clerk: Agenda item number six is Alliena Westleigh, a conditional use permit request for a residential kennel at 5205 Shore Drive in District 9. Mr. Alcaraz: Hello, if you can just come forward, state your name. Ms. Westleigh: My name is Alliena Westleigh. Mr. Alcaraz: Just give us a summary of what you're trying to do here. Ms. Westleigh: Yes, so for this 5205 Shore Drive address, my plan and hope is to get my conditional use permit approved so that I can have my five personal pets on the premises with me and be in the legal confines of the city, which I know this limit is four for a property without the conditional use permit. I do know that having already applied to where I'm currently residing now, and that's the reason why I wanted to put the application in before I move my family into the premises. Mr. Alcaraz: Any questions for the applicant from the commissioners? Yes, Ms. Hippen. Ms. Hippen: Just out of curiosity, you've got five dogs. I have one dog and he's too attention seeking for me to have another. So, I say kudos to you for having that many, but how big are these dogs? Ms. Westleigh: So, my largest dog is 80 pounds, and he is full grown, that is the largest dog that I have. I have three females that range between 40 and 53 pounds and then I have the smallest being 18 pounds. He's a multi poo, that's my mom's companion dog. It's because of her that I need this permit, because she's moving with me, and her dog will be coming with her as well. All of them, like I said, they are personal dogs. Their ages range from 2 to 11. Ms. Hippen: Okay and so you're not like fostering anymore? Ms. Westleigh: No. So, with the property, and I know that's not in question today, with the 4512 property that I petitioned, I put the application in 2021, and it was Packet Pg. 196  5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC voted on in 2022. It was approved in February that year. That was when I was doing rescue work. So, I had my five personal dogs, and then I had four additional rescue dogs. They were not my personal dogs. They were being adopted out. They needed rehabilitation first. I put them through training. I am a certified trainer. I've gone to college for it. So, I was working with them and their behavioral issues that either could get corrected and they found new homes or was not corrected, and unfortunately, due to medical issues, they did have to be euthanized, which happened to one of the dogs. This year, I was found in violation of that conditional use permit. I was found in violation because my co-founder of the rescue that we started decided it was too much emotionally. She left. We lost our foster. So, the two dogs were placed in my home at the same time that I was going through legal issues with my father, who is the co-owner of the property that I'm at right now. Him and my mother are divorcing. So, it created a whole another scenario to where animal control was called, CPS was called, APS was called, the police department was called. It was a lot and all of it happened at the same time at the end of August, the beginning of September. Those two dogs have been transferred to another rescue. My rescue has been closed. I will not be doing rescue work. My business, which is separate, which is why the original conditional use permit that went in said 20 dogs was because I already had it created for when I find a location that's either an agricultural or in the B district so that I can do my training on site somewhere, that was already created. So, I just submitted that in because I wanted to be on the agenda so that I could be heard so that by time I moved into this property in January, my conditional use was approved, and I was already had everything I needed in place for that. I did put out a polling in the neighborhood asking, what their thoughts were if I did boarding or if I did training from my home and just changed my business license to include residential premises versus a facility because currently my business license covers me going to clients to train their dogs at their homes. I don't do any work at my personal home. The community was largely against it. So, when Miss Michaela reached out to me and said that their committee would say no for the commercial, but I could go forward with the residential, that's what I wanted anyways. So, I'm just like let's, yes, I want my five dogs, please. Let's move forward with the residential. I didn't want to postpone that any further. Because like I said, I'm hoping to have the handicapped renovations to this property done this month so that we can move in next month after the next hearing. Ms. Hippen: Thank you for clarifying that for us. I appreciate it. Packet Pg. 197  5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC Mr. Alcaraz: Any other questions? Ms. Byler? Ms. Byler: So, I understand that you were found in violation earlier this year. How many dogs do you have right now? Ms. Westleigh: I have five dogs. At the time of the violation, I apologize for interrupting, at the time of the violation, the original nine that I requested in 2021 approved in 2022. I still had six of those dogs on the day of the violation. I had eight dogs on the premises. The two dogs that were not supposed to be there were fostered out the very next week. It took me that long to find a foster and the sixth dog was adopted out three months ago. So, my last information to the tag, the animal tags licensing department does have just the five dogs that I'm requesting now. Ms. Byler: So, I'm interested to know because you told me the age of your dog’s goes up to age 11 and you need this conditional use permit in order to have your mother's dog in your four. So, if you were to lose one of those five dogs, then you would be in compliance without the conditional use permit, would you be willing to give up the conditional use permit at that time and to only have it as long as you have the current five dogs, but then not add it? I don't even know if that could be done, but if it could be done, would you be willing to do that? Ms. Westleigh: If that is an imposed upon condition on me, then I will say yes, because I want to have my five dogs. However, that was the same condition on the other property, whereas the dogs left, the dog cannot be replaced, cannot be added in again, and at the time, currently where I'm at in my life right now, I'm not doing rescue work, I'm not doing foster work. I don't want to add another dog. I can't say I'll have that same feeling when Lucy or Pickles or Little Mama Mars or Bunny pass away that I won't want to replace that dog. Five's a number that I enjoy. They're just because of the, the love that they give me and that I can provide for them. Mr. Byler: Well, I hear that, and I understand that you're attached to these because they're your personal ones, but I also feel for your neighbors who have vocalized concern and I'd like to see you in compliance with the neighbors and all the rules that they have to comply with, which is four dogs. So, I'd like to see you at four and I wonder if you'd be willing to say when you lose Packet Pg. 198  5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC one of these five, then you would not get a fifth one and you would stay four under? Ms. Westleigh: If that makes the Council members happy, then yes, I will say that. Ms. Byler: Thank you. Mr. Alcaraz: Any other questions? Mr. Plumlee? Mr. Plumlee: Very quickly, are you -- you are not in any sort of dog breeding business or anything of that nature? Ms. Westleigh: No, sir. All of my dogs are rescues. All of my dogs are spayed and neutered. All of my dogs are current on their vaccinations. I actually had a letter from my vet submitted as well, showing the care of my animals. Mr. Plumlee: Thank you. Are you part of any rescue organization? Ms. Westleigh: Currently no, I am a desensitization trainer for several rescues. However, that is not onsite training. I go to their facilities where they're boarding their dogs and I work with them at their locations. Mr. Plumlee: But you're not recognized as taking dogs from any facilities in the area as part of their mission? Ms. Westleigh: No, sir. Mr. Plumlee: Thank you. Mr. Alcaraz: Any other questions? Ms. Wilson, what Ms. Byler's asking, how do you word that on a -- is it timed use permit? Ms. Wilson: I have a question, I read that there's a condition on many of the residential kennels. So why am I able to ask, answer how exactly we do that? Mr. Coston: We can use the similar conditions that we applied to her previous property that at the time of passing up one of her dogs that she cannot replace them to no more than four? Mr. Alcaraz: Okay. Packet Pg. 199  5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC Mr. Coston: So, we can modify that condition. Mr. Alcaraz: All right, are there any speakers? There are, okay, just have a seat and we'll call you back up for rebuttal. Madam Clerk: Calling Deborah Parker. She's via WebEx. Mr. Alcaraz: Thank you. Ms. Parker, you there. Ms. Parker: Good afternoon members of the City Council. I'm opposed to her having this kennel in the lake shores community. We bought in this residential community like others in the neighborhood. We didn't buy in a business commercial district. You know, everyone buys their dream home, and they don't want to have a business, i.e., a kennel across the street. There were sections of the neighborhood that she could have bought in that are designated for this type of, such as for different usages, manufacturing you have in one section of the city, retail office buildings, residential and commercial properties are not combined and that's for a reason. The noise and the traffic versus the peace and the quiet we bought in the community for the peace and quiet. So, we're concerned about the noise. Commercial real estate is best located where there's high density traffic. So residential real estate is zoned away from the dangerous traffic and noise where people typically desire the quiet use of their property and to allow their children to play in the yard. We don't want the noise, the smell, et cetera from this property owner. I have questions as far as she said, she has four dogs. Are they spayed? Are they neutered? What is going to stop one of them from getting the females to get pregnant, which is going to add another dog on the property? So, what will she do at that point in time if that occurs? Also are you going to inspect the property? Is it going to be inspected to us, you know, on how many dogs she has? So those are my questions. I'm just concerned really about the upkeep. There is a lot of upkeep that goes along with having five animals even four, the property, you know, there's shots, there's the pickup, the feces, there's the barking, there's things like that that go with having all these animals and I know the city of Virginia Beach on section 23-63 does have an excessive noise or sound as a serious hazard to the public health welfare and peace and safety and the quality of life. So, we are concerned about that. There are sound levels too that go along with this as far as having these animals, there's a nighttime sound level and a daytime, and that is section 23.69. Packet Pg. 200  5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC Mr. Alcaraz: Alright Ms. Parker, thank you. I got to ask, you've extended your time here, and I just need to ask any commissioners that have any questions for you. None. Where -- what is your address? Where do you live close by? Ms. Parker? Did you cut her off? Okay. Madam Clerk: She's at 5205 Turn Drive, Turn Road. You see Turn Road at the bottom there. She's just on the other side of that. Mr. Alcaraz: She's adjacent? Madam Clerk: No, she's in the next block, so on the south side of Turn Drive. Mr. Alcaraz: Okay. Any other speakers? All right, if you can come forward again, if you could answer some of those or rebut what she said, and then I have some commissioners might ask some more questions for you. Ms. Westleigh: I think the easiest one to address is all of my dogs are spayed and neutered. There's no chance of any of them getting pregnant or procreating. The next question that I think I heard she mentioned was the -- the kennel for a commercial area. I want a residential because I'm living there. My family is living there. My mother, my son, my husband, myself will be residing on the property. For the noise levels, I'm very well with the noise levels and ordinances are in Virginia Beach and because of that, because of when I went through it before, I wanted to ensure that my neighbors were happy. I actually do have decibel meters that I monitor regularly to make sure that I'm well within the ordinance and that I'm not exceeding it. Another thing that I do and that I will continue to do is when my dogs are in the yard, unless I have to quickly run to the restroom, they're going to have supervision while they're in the yard, that's just for their safety as well as my neighbor's. I know that I did speak to the individual that's right next to me on Shore Drive. Their family stated that they were okay with this, and they didn't have a problem with it. They've met a couple of my dogs actually and then; I believe that the individual that lives right behind me that would be on Jack Frost in the corner of Turn Road submitted an email stating that he was also for this. I did try and reach the neighbors that I guess would be touching the back corner of the property which would be on Turn. Every time I've gone by there, they're not there. However, I'm more than happy to give my numbers to the neighbors. If there's any an issue with any of my dogs, I'd like to answer it immediately when it happens, and I don't feel that Packet Pg. 201  5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC sound issue is going to be a problem considering that I monitor my dogs very regularly to make sure that they're not barking in a nuisance. Mr. Alcaraz: All right. Any questions, Mr. Plumlee? Mr. Plumlee: Just a couple of follow up. So, you indicated your mother lives with you and that's why you have this additional dog? Ms. Westleigh: Yes. Pickles is her dog. Mr. Plumlee: Okay. So, if your mother moves away, would you also give up the condition? In other words-- Ms. Westleigh: Then the fifth dog would be gone, so I'd be down to four. Mr. Plumlee: If the fifth dog's gone, so that could be part of, in other words, we could tie that specifically, you know, circumstances arise which may make that difficult if your mom can't move to a place that'll accept a dog or something like that, but if you accept that as a condition, I think that would help with the neighbor's concerns also. Ms. Westleigh: That if my mother moves, or if she moves. Mr. Plumlee: If she moves, then the dog goes with. Ms. Westleigh: So, I don't think I would agree with that condition considering that if my mom does move, she's probably going into a hospice home and unfortunately, I do believe that her dog is going to outlive her and I don't think at that point I would be able to separate from Pickles due to the emotional attachment that he had with my mother. Mr. Plumlee: But your representation is she lives with you today and that's why you have the dog? Ms. Westleigh: Yes, she's handicapped. She is under full time care. So that's why I said if she left the property, I don't think that she would be able to take the dog with her. The dog is hers, so I apologize if there is confusion. I maintain the veterinary bills for the dog. I maintain the shots for the dogs, the care for the dog, but it's her companion. I didn't mean to confuse that. Packet Pg. 202  5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC Mr. Alcaraz: Thank you. Ms. Wilson. Oh, you good? Anybody else? All right. Ms. Byler, did you want to make a motion with your, I guess? Ms. Byler: Thank you, Mr. Chair. I'd like to make a motion that the application be approved with the additional condition that if for any reason, one of the five dogs leaves the home, that another one not be brought in, and that she then become in compliance with the ordinary regulations and that she gives up the conditional use permit. Mr. Plumlee: Second. Mr. Alcaraz: All right. I have a motion from Ms. Byler, second by Ms. Plumlee. Ms. Wilson, does that sound right? Thank you. Madam Clerk: Can you please make that motion on your iPad? Mr. Alcaraz: Can you repeat it again? Ms. Byler: I make a motion that the application be approved with the additional condition that if for any reason one of the five dogs leaves the home that she become compliant with the current regulations and she gives up the conditional use permit so that she may not bring a fifth dog back. Ms. Westleigh: May I ask a question? Mr. Alcaraz: No, we're in voting. Sorry. Madam Clerk: The vote is open. By a vote of nine to zero, agenda item number six has been recommended for approval. Mr. Alcaraz: We voted for that with the revision. Is there a question? Ms. Westleigh: The question would just be, that doesn't stop me from in the future down the road if I have no dogs to reapply for an application, does it? Or is this like a permanent I can't reapply in the future period? Mr. Alcaraz: Can she apply again? Yes. Ms. Westleigh: Okay. Thank you. Packet Pg. 203  5.K.a Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson ABS Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris ABS Hippen AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. The Conditional Use Permit shall be limited to a maximum of five (5) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. There shall be no breeding of dogs on the site. 5. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. 6. No more than four (4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. Packet Pg. 204  5.K.a Packet Pg. 205 Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC  5.K.a From: nicholebaughan73@gmail.com Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC To: Michaela D. Mckinney Subject: 5205 Shore Drive Date: Friday, November 10, 2023 2:18:29 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Subject: Letter of Support for Alliena Westleigh’s Kennel Application I hope this message finds you well. I am writing to express my strong support for her application for a kennel license. Alliena has demonstrated a deep passion for animals, particularly dogs. Furthermore, she is highly organized, responsible, and attentive to detail, which are crucial qualities for the safe and efficient operation of a kennel. She has also shown great care and consideration for neighbors and the local community, actively addressing any concerns and maintaining open lines of communication. I have no doubt that she will manage the kennel with the highest standards of care, safety, and professionalism. Granting them this opportunity would not only benefit the dogs because we don’t need anymore homeless dogs but it is promoting responsible pet ownership and providing a loving environment for these animals. In conclusion, I wholeheartedly endorse Alliena’s application for a kennel license and believe she is exceptionally qualified for this role. Thank you for your time and consideration. Sincerely, Nichole Hatch Sent from my iPhone Packet Pg. 206  5.K.a From: Kara Rush Attachment: PLA - 05_ARF Package for Alliena Westleigh (COMBINED) (3649 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC To: Michaela D. Mckinney Subject: Alliena westleigh Date: Sunday, November 12, 2023 6:44:20 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I was sending this email in regard to the kennel license for 5205 shore drive . I wanted to just let you know I am in favor of Miss. westleigh being approved for the application. Sent from my iPhone Packet Pg. 207