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 HUTCHESON - 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 June 18, 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 COUNCIL'S BRIEFING - CONFERENCE ROOM- 2:30 PM 1. EAST COAST SURFING CHAMPIONSHIP (ECSC) Tony Pellino, General Manager – Coastal Edge East Coast Surfing Championship (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Remick and Schulman) II. CITY MANAGER'S BRIEFINGS 1. FY 2024-25 VBCPS AMENDED BUDGET 3:00 PM Crystal Pate, Chief Financial Officer – Virginia Beach City Public Schools (VBCPS) 2. FUNDING PLAN FOR THE ARTS 3:30 PM Emily Labows, Director – Cultural Affairs 3. PEMBROKE SQUARE REDEVELOPMENT 4:15 PM Kathy Warren, Director – Planning and Community Development III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - CONFERENCE ROOM- 5:15 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 1. Motion to Recess to Closed Session VI. FORMAL SESSION- CITY COUNCIL CHAMBER - 6:00 PM A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer B. INVOCATION Chaplain Sandra Deadwyler Virginia Beach Police Department, 4th Precinct 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. MINUTES 1. FORMAL SESSION May 28, 2024 2. INFORMAL AND FORMAL SESSIONS June 4, 2024 3. SPECIAL FORMAL SESSION June 11, 2024 H. MAYOR'S PRESENTATION 1. PROCLAMATION – AMATEUR RADIO WEEK JUNE 17-21 Douglas Duggan, President – VA Beach Ham Radio Club I. PUBLIC HEARINGS 1. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 57.70 acres at 3645 Muddy Creek Road and 66.79 acres at 3141 Land of Promise Road and Blackwater Road 2. DECLARATION AND SALE OF EXCESS CITY PROPERTY 1452 & 1456 Bartow Place and 207 Webster Place J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCE/RESOLUTIONS Ordinance to TRANSFER $37,713 from General Fund Vacancy Savings and AUTHORIZE a grant to the First Lynnhaven Baptist Church re offset a portion of the costs associated with the Youth Enrichment Summer Camp (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Ross-Hammond and Wooten) Ordinance to APPROPRIATE $224,520 from the Tourism Investment Program (TIP) Fund to the FY 2024-25 Economic Development Operating Budget re continue Freebee Services through October 31, 2024 (Requested by Mayor Dyer and Council Members Remick, Ross- Hammond, Rouse, Schulman, and Wooten) Ordinance to APPROPRIATE $75,000 from the Tourism Investment Program (TIP) Fund to the FY 2023-24 Non-Departmental Operating Budget and AUTHORIZE a grant to the Virginia Beach Jaycees re enhancements to the East Coast Surfing Championship (ECSC) – Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Remick, Ross- Hammond, Rouse and Schulman Resolution to ESTABLISH a Stormwater Management Implementation Advisory Group (Requested by Mayor Dyer and Council Member Schulman) Ordinance to AUTHORIZE the acquisition in fee simple for the 17th Street Improvement Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001 and the acquisition of temporary and permanent easements, either by agreement or condemnation re improved function and connectivity Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five (5) years for City-owned property with the Virginia Beach Maritime Museum, Inc. at 24th Street and Atlantic Avenue, together with the building re “Old Coast Guard Building” Resolution to DIRECT the City Attorney to file a Petition for a Writ of Special Election re Office of Council Member, District 8 Ordinance to ADD City Code Section 33-113.3 re encroachments in Sandbridge Waterways Ordinance to AMEND City Code Sections 37-71, 37-72 and 37-72.1 re backflow prevention devices Ordinance to AMEND the Title of Article XII of Chapter 35 and Sections 35-252 and 18-104.1 and REPEAL City Code Sections 18-59 and 18-60 re taxes upon businesses that rent tangible personal property (Requested by Commissioner of Revenue) Ordinance to AMEND the Title of Article VII Chapter 35 and City Code Sections 35-158 and 35- 161 through 35-169 re Transient Occupancy Tax (Requested by Commissioner of Revenue) Ordinance to ADOPT a revised Policy re remote participation by Council Members in Council Meetings Resolution to RE-ADOPT Procedures re Selection, Evaluation and Award of Design-Build and Construct Management Contracts Ordinance to AUTHORIZE temporary encroachments into a 5’ City-owned drainage and utility easement at 2116 West Admiral Drive re construct and maintain a boat lift, vinyl bulkhead, and an existing wood bulkhead DISTRICT 8 Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with TFJG Canopy, LLC and APPROPRIATE $1-Million from the Fund Balance of the General Fund to the FY 2024-25 Planning Operating Budget to meet obligations re construction of intersection improvements at Laskin Road and Winwood Drive Resolution to RENEW permits to ALLOW Emergency Medical Services agencies to operate in the City re American Medical Response Mid-Atlantic, Inc.; Children’s Hospital of King’s Daughters; Lifecare Medical Transports, Inc.; MB Solutions, LLC; Midwest Medical Transport; Nightingale Regional Air Ambulance; Reliance Medical Transport; Robbie’s Ambulance Service, Inc.; Special Event Providers of Emergency Medical, Inc. and Tidewater Medical Transport, Inc. Ordinance to APPOINT Dana R. Harmeyer to the position of Deputy City Attorney, effective July 11, 2024 Ordinance to APPOINT Victoria R. Eisenberg to the position of Deputy City Attorney, effective July 11, 2024 Ordinance re the Compensation of the City Manager effective July 1, 2024 (Requested by City Council)  Ordinance re the Compensation of the City Attorney effective July 1, 2024 (Requested by City Council) Ordinance re the Compensation of the City Clerk effective July 1, 2024 (Requested by City Council) Ordinance re the Compensation of the City Real Estate Assessor effective July 1, 2024 (Requested by City Council) Ordinance re the Compensation of the City Auditor effective July 1, 2024 (Requested by City Council) Ordinance to ACCEPT a donation of Radiation Detection Equipment from the Securing the Cities (STC) Program re replace Fire Department aging and outdated equipment Ordinance to ACCEPT and APPROPRIATE $2,155,634 from the Virginia Office of Children’s Services to the FY 2023-24 Human Services Operating Budget and AUTHORIZE a local match of $538,762 re Children’s Services Act (CSA) Program Ordinance to ACCEPT and APPROPRIATE $237,658 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re support the Permanent Supportive Housing Program Ordinance to ACCEPT and APPROPRIATE $200,000 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re modernize the Electronic Healthcare Record System Ordinance to ACCEPT and APPROPRIATE $99,452 and $56,830 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re expand Community Based Substance Use Services L. PLANNING CARL R. ELLIS, JR for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the lot to create two (2) single-family dwelling lots at 2620 Broad Bay Road DISTRICT 8 (Deferred from May 21, 2024) M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS & RECREATION COMMISSION  PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITION AREA / INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *************************** Packet Pg. 6 6.H.1 Communication: PROCLAMATION – AMATEUR RADIO WEEK JUNE 17-21 (MAYOR'S PRESENTATION)  6.I.1 Packet Pg. 7 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 8 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 9 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 10 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 11 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 12 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 13 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 14 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 15 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 16 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 17 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 18 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 19 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 20 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 21 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 22 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 23 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 24 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 25 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 26 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 27 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 28 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.1 Packet Pg. 29 Communication: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT (PUBLIC HEARINGS)  6.I.2 Packet Pg. 30 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS)  6.I.2 Packet Pg. 31 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS)  6.I.2 Packet Pg. 32 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS)  6.I.2 Packet Pg. 33 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS)  6.I.2 Packet Pg. 34 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS)  6.I.2 Packet Pg. 35 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS)  6.I.2 Packet Pg. 36 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS)  6.I.2 Packet Pg. 37 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS)  6.I.2 Packet Pg. 38 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS)  6.I.2 Packet Pg. 39 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS)  6.I.2 Packet Pg. 40 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS)  6.I.2 Packet Pg. 41 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS)  6.I.2 Packet Pg. 42 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS)  6.I.2 Packet Pg. 43 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS)  6.I.2 Packet Pg. 44 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARINGS)  6.K.a Packet Pg. 45 Attachment: K1 Ordinance to Transfer Vacancy Savings in the General Fund and to Authorize a Grant of $37,713 to First Lynnhaven Baptist  6.K.a Packet Pg. 46 Attachment: K1 Ordinance to Transfer Vacancy Savings in the General Fund and to Authorize a Grant of $37,713 to First Lynnhaven Baptist  6.K.a Packet Pg. 47 Attachment: K1 Ordinance to Transfer Vacancy Savings in the General Fund and to Authorize a Grant of $37,713 to First Lynnhaven Baptist  6.K.a Packet Pg. 48 Attachment: K2 Ordinance to Appropriate $ from TIP fund to FY 2024-25 Economic Development OB re Freebee Services (4006 : Ordinance to  6.K.a Packet Pg. 49 Attachment: K2 Ordinance to Appropriate $ from TIP fund to FY 2024-25 Economic Development OB re Freebee Services (4006 : Ordinance to  6.K.a Packet Pg. 50 Attachment: K2 Ordinance to Appropriate $ from TIP fund to FY 2024-25 Economic Development OB re Freebee Services (4006 : Ordinance to  6.K.a Packet Pg. 51 Attachment: K3 Ordinance to Appropriate $ from TIP Fund to the FUY2023-24 Non-Departmental PB re Virginia Beach Jaycees (4007 :  6.K.a Packet Pg. 52 Attachment: K3 Ordinance to Appropriate $ from TIP Fund to the FUY2023-24 Non-Departmental PB re Virginia Beach Jaycees (4007 :  6.K.a Packet Pg. 53 Attachment: K3 Ordinance to Appropriate $ from TIP Fund to the FUY2023-24 Non-Departmental PB re Virginia Beach Jaycees (4007 :  6.K.a Packet Pg. 54 Attachment: K3 Ordinance to Appropriate $ from TIP Fund to the FUY2023-24 Non-Departmental PB re Virginia Beach Jaycees (4007 :  6.K.a Packet Pg. 55 Attachment: K4 Resolution to establish a Stormwater Implementation Advisory Group (4008 : Resolution to ESTABLISH a Stormwater  6.K.a Packet Pg. 56 Attachment: K4 Resolution to establish a Stormwater Implementation Advisory Group (4008 : Resolution to ESTABLISH a Stormwater  6.K.a Packet Pg. 57 Attachment: K4 Resolution to establish a Stormwater Implementation Advisory Group (4008 : Resolution to ESTABLISH a Stormwater  6.K.a Packet Pg. 58 Attachment: K4 Resolution to establish a Stormwater Implementation Advisory Group (4008 : Resolution to ESTABLISH a Stormwater  6.K.a Packet Pg. 59 Attachment: K4 Resolution to establish a Stormwater Implementation Advisory Group (4008 : Resolution to ESTABLISH a Stormwater  6.K.a Packet Pg. 60 Attachment: K5 Ordinance to authorize the acquisition in fee simple for the 17th Street Improvements Phase 1 Pacific Ave. to Cypress Ave.  6.K.a Packet Pg. 61 Attachment: K5 Ordinance to authorize the acquisition in fee simple for the 17th Street Improvements Phase 1 Pacific Ave. to Cypress Ave.  6.K.a Packet Pg. 62 Attachment: K5 Ordinance to authorize the acquisition in fee simple for the 17th Street Improvements Phase 1 Pacific Ave. to Cypress Ave.  6.K.a Packet Pg. 63 Attachment: K5 Ordinance to authorize the acquisition in fee simple for the 17th Street Improvements Phase 1 Pacific Ave. to Cypress Ave.  6.K.a Packet Pg. 64 Attachment: K5 Ordinance to authorize the acquisition in fee simple for the 17th Street Improvements Phase 1 Pacific Ave. to Cypress Ave.  6.K.a Packet Pg. 65 Attachment: K6 Ordinance authorizing the City Manager to execute a lease for up to five years with Virginia Beach Maritime Museum, Inc., for  6.K.a Packet Pg. 66 Attachment: K6 Ordinance authorizing the City Manager to execute a lease for up to five years with Virginia Beach Maritime Museum, Inc., for  6.K.a Packet Pg. 67 Attachment: K6 Ordinance authorizing the City Manager to execute a lease for up to five years with Virginia Beach Maritime Museum, Inc., for  6.K.a Packet Pg. 68 Attachment: K6 Ordinance authorizing the City Manager to execute a lease for up to five years with Virginia Beach Maritime Museum, Inc., for  6.K.a Packet Pg. 69 Attachment: K6 Ordinance authorizing the City Manager to execute a lease for up to five years with Virginia Beach Maritime Museum, Inc., for  6.K.a Packet Pg. 70 Attachment: K6 Ordinance authorizing the City Manager to execute a lease for up to five years with Virginia Beach Maritime Museum, Inc., for  6.K.a Packet Pg. 71 Attachment: K6 Ordinance authorizing the City Manager to execute a lease for up to five years with Virginia Beach Maritime Museum, Inc., for  6.K.a Packet Pg. 72 Attachment: K6 Ordinance authorizing the City Manager to execute a lease for up to five years with Virginia Beach Maritime Museum, Inc., for  6.K.a Packet Pg. 73 Attachment: K6 Ordinance authorizing the City Manager to execute a lease for up to five years with Virginia Beach Maritime Museum, Inc., for  6.K.a Packet Pg. 74 Attachment: K6 Ordinance authorizing the City Manager to execute a lease for up to five years with Virginia Beach Maritime Museum, Inc., for  6.K.a Packet Pg. 75 Attachment: K6 Ordinance authorizing the City Manager to execute a lease for up to five years with Virginia Beach Maritime Museum, Inc., for  6.K.a Packet Pg. 76 Attachment: K6 Ordinance authorizing the City Manager to execute a lease for up to five years with Virginia Beach Maritime Museum, Inc., for  6.K.a Packet Pg. 77 Attachment: K6 Ordinance authorizing the City Manager to execute a lease for up to five years with Virginia Beach Maritime Museum, Inc., for  6.K.a Packet Pg. 78 Attachment: K6 Ordinance authorizing the City Manager to execute a lease for up to five years with Virginia Beach Maritime Museum, Inc., for  6.K.a Packet Pg. 79 Attachment: K7 Resolution to Authorize the City Attorney to File a Petition for a Writ of Special Election re District 8 (3984 : Resolution to Direct  6.K.a Packet Pg. 80 Attachment: K7 Resolution to Authorize the City Attorney to File a Petition for a Writ of Special Election re District 8 (3984 : Resolution to Direct  6.K.a Packet Pg. 81 Attachment: K7 Resolution to Authorize the City Attorney to File a Petition for a Writ of Special Election re District 8 (3984 : Resolution to Direct  6.K.a Packet Pg. 82 Attachment: K8 Ordinance to add section 33-113.3 to the City code pertainting to encroachments in Sandbridge Waterways (3979 : An  6.K.a Packet Pg. 83 Attachment: K8 Ordinance to add section 33-113.3 to the City code pertainting to encroachments in Sandbridge Waterways (3979 : An  6.K.a Packet Pg. 84 Attachment: K8 Ordinance to add section 33-113.3 to the City code pertainting to encroachments in Sandbridge Waterways (3979 : An  6.K.a Packet Pg. 85 Attachment: K8 Ordinance to add section 33-113.3 to the City code pertainting to encroachments in Sandbridge Waterways (3979 : An  6.K.a Packet Pg. 86 Attachment: K9 Ordinance to Amend Sections 37-71, 37-72, and 37-72.1 of the City Code Pertaining to Backflow Prevention Devices (3991 :  6.K.a Packet Pg. 87 Attachment: K9 Ordinance to Amend Sections 37-71, 37-72, and 37-72.1 of the City Code Pertaining to Backflow Prevention Devices (3991 :  6.K.a Packet Pg. 88 Attachment: K9 Ordinance to Amend Sections 37-71, 37-72, and 37-72.1 of the City Code Pertaining to Backflow Prevention Devices (3991 :  6.K.a Packet Pg. 89 Attachment: K10 Ordinance to Amend Title of Article XII of Chapter 35 and Sectiosn 35-252 and 18-104.1 and Repeal sections re taxes upon  6.K.a Packet Pg. 90 Attachment: K10 Ordinance to Amend Title of Article XII of Chapter 35 and Sectiosn 35-252 and 18-104.1 and Repeal sections re taxes upon  6.K.a Packet Pg. 91 Attachment: K10 Ordinance to Amend Title of Article XII of Chapter 35 and Sectiosn 35-252 and 18-104.1 and Repeal sections re taxes upon  6.K.a Packet Pg. 92 Attachment: K10 Ordinance to Amend Title of Article XII of Chapter 35 and Sectiosn 35-252 and 18-104.1 and Repeal sections re taxes upon  6.K.a Packet Pg. 93 Attachment: K10 Ordinance to Amend Title of Article XII of Chapter 35 and Sectiosn 35-252 and 18-104.1 and Repeal sections re taxes upon  6.K.a Packet Pg. 94 Attachment: K10 Ordinance to Amend Title of Article XII of Chapter 35 and Sectiosn 35-252 and 18-104.1 and Repeal sections re taxes upon  6.K.a Packet Pg. 95 Attachment: K10 Ordinance to Amend Title of Article XII of Chapter 35 and Sectiosn 35-252 and 18-104.1 and Repeal sections re taxes upon  6.K.a Packet Pg. 96 Attachment: K10 Ordinance to Amend Title of Article XII of Chapter 35 and Sectiosn 35-252 and 18-104.1 and Repeal sections re taxes upon  6.K.a Packet Pg. 97 Attachment: K10 Ordinance to Amend Title of Article XII of Chapter 35 and Sectiosn 35-252 and 18-104.1 and Repeal sections re taxes upon  6.K.a Packet Pg. 98 Attachment: K11 Ordinance to Amend Titile of Article Chapter 35 re Transient Occupancy Tax (4010 : Ordinance to AMEND the Title of Article  6.K.a Packet Pg. 99 Attachment: K11 Ordinance to Amend Titile of Article Chapter 35 re Transient Occupancy Tax (4010 : Ordinance to AMEND the Title of Article  6.K.a Packet Pg. 100 Attachment: K11 Ordinance to Amend Titile of Article Chapter 35 re Transient Occupancy Tax (4010 : Ordinance to AMEND the Title of Article  6.K.a Packet Pg. 101 Attachment: K11 Ordinance to Amend Titile of Article Chapter 35 re Transient Occupancy Tax (4010 : Ordinance to AMEND the Title of Article  6.K.a Packet Pg. 102 Attachment: K11 Ordinance to Amend Titile of Article Chapter 35 re Transient Occupancy Tax (4010 : Ordinance to AMEND the Title of Article  6.K.a Packet Pg. 103 Attachment: K11 Ordinance to Amend Titile of Article Chapter 35 re Transient Occupancy Tax (4010 : Ordinance to AMEND the Title of Article  6.K.a Packet Pg. 104 Attachment: K11 Ordinance to Amend Titile of Article Chapter 35 re Transient Occupancy Tax (4010 : Ordinance to AMEND the Title of Article  6.K.a Packet Pg. 105 Attachment: K11 Ordinance to Amend Titile of Article Chapter 35 re Transient Occupancy Tax (4010 : Ordinance to AMEND the Title of Article  6.K.a Packet Pg. 106 Attachment: K11 Ordinance to Amend Titile of Article Chapter 35 re Transient Occupancy Tax (4010 : Ordinance to AMEND the Title of Article  6.K.a Packet Pg. 107 Attachment: K11 Ordinance to Amend Titile of Article Chapter 35 re Transient Occupancy Tax (4010 : Ordinance to AMEND the Title of Article  6.K.a Packet Pg. 108 Attachment: K12 Ordinance to Adopt a Revised Policy for Remote Participation by Councilmembers in Council Meetings (3987 : Ordinance to  6.K.a Packet Pg. 109 Attachment: K12 Ordinance to Adopt a Revised Policy for Remote Participation by Councilmembers in Council Meetings (3987 : Ordinance to  6.K.a Packet Pg. 110 Attachment: K12 Ordinance to Adopt a Revised Policy for Remote Participation by Councilmembers in Council Meetings (3987 : Ordinance to  6.K.a Packet Pg. 111 Attachment: K12 Ordinance to Adopt a Revised Policy for Remote Participation by Councilmembers in Council Meetings (3987 : Ordinance to  6.K.a Packet Pg. 112 Attachment: K13 Resolution to Re-Adopt Procedures for the Selection, Evaluation, and Award of Design-Build and Construction Management  6.K.a Packet Pg. 113 Attachment: K13 Resolution to Re-Adopt Procedures for the Selection, Evaluation, and Award of Design-Build and Construction Management  6.K.a Packet Pg. 114 Attachment: K13 Resolution to Re-Adopt Procedures for the Selection, Evaluation, and Award of Design-Build and Construction Management  6.K.a Packet Pg. 115 Attachment: K13 Resolution to Re-Adopt Procedures for the Selection, Evaluation, and Award of Design-Build and Construction Management  6.K.a Packet Pg. 116 Attachment: K13 Resolution to Re-Adopt Procedures for the Selection, Evaluation, and Award of Design-Build and Construction Management  6.K.a Packet Pg. 117 Attachment: K13 Resolution to Re-Adopt Procedures for the Selection, Evaluation, and Award of Design-Build and Construction Management  6.K.a Packet Pg. 118 Attachment: K13 Resolution to Re-Adopt Procedures for the Selection, Evaluation, and Award of Design-Build and Construction Management  6.K.a Packet Pg. 119 Attachment: K13 Resolution to Re-Adopt Procedures for the Selection, Evaluation, and Award of Design-Build and Construction Management  6.K.a Packet Pg. 120 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 121 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 122 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 123 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 124 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 125 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 126 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 127 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 128 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 129 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 130 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 131 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 132 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 133 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 134 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 135 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 136 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 137 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 138 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 139 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 140 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 141 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 142 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 143 Attachment: K14 Ordinance to authorize temporary encroachments inot a 5' city-owned drainage and utility easement, located on 2116 W.  6.K.a Packet Pg. 144 Attachment: K15 Ordinance Authorizing the Execution of a Cost Participation Agreement with TFJG Canopy (3992 : Ordinance (1) Authorizing  6.K.a Packet Pg. 145 Attachment: K15 Ordinance Authorizing the Execution of a Cost Participation Agreement with TFJG Canopy (3992 : Ordinance (1) Authorizing  6.K.a Packet Pg. 146 Attachment: K15 Ordinance Authorizing the Execution of a Cost Participation Agreement with TFJG Canopy (3992 : Ordinance (1) Authorizing  6.K.a Packet Pg. 147 Attachment: K15 Ordinance Authorizing the Execution of a Cost Participation Agreement with TFJG Canopy (3992 : Ordinance (1) Authorizing  6.K.a Packet Pg. 148 Attachment: K15 Ordinance Authorizing the Execution of a Cost Participation Agreement with TFJG Canopy (3992 : Ordinance (1) Authorizing  6.K.a Packet Pg. 149 Attachment: K15 Ordinance Authorizing the Execution of a Cost Participation Agreement with TFJG Canopy (3992 : Ordinance (1) Authorizing  6.K.a Packet Pg. 150 Attachment: K15 Ordinance Authorizing the Execution of a Cost Participation Agreement with TFJG Canopy (3992 : Ordinance (1) Authorizing  6.K.a Packet Pg. 151 Attachment: K15 Ordinance Authorizing the Execution of a Cost Participation Agreement with TFJG Canopy (3992 : Ordinance (1) Authorizing  6.K.a Packet Pg. 152 Attachment: K15 Ordinance Authorizing the Execution of a Cost Participation Agreement with TFJG Canopy (3992 : Ordinance (1) Authorizing  6.K.a Packet Pg. 153 Attachment: K15 Ordinance Authorizing the Execution of a Cost Participation Agreement with TFJG Canopy (3992 : Ordinance (1) Authorizing  6.K.a Packet Pg. 154 Attachment: K15 Ordinance Authorizing the Execution of a Cost Participation Agreement with TFJG Canopy (3992 : Ordinance (1) Authorizing  6.K.a Packet Pg. 155 Attachment: K15 Ordinance Authorizing the Execution of a Cost Participation Agreement with TFJG Canopy (3992 : Ordinance (1) Authorizing  6.K.a Packet Pg. 156 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 157 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 158 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 159 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 160 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 161 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 162 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 163 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 164 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 165 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 166 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 167 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 168 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 169 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 170 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 171 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 172 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 173 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 174 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 175 Attachment: K16 Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach (3986 :  6.K.a Packet Pg. 176 Attachment: K17Ordinance to appoint DANA R HARMEYER, Deputy City Attorney (3985 : (1) Ordinance Appointing Victoria R. Eisenberg to the  6.K.a Packet Pg. 177 Attachment: K17Ordinance to appoint DANA R HARMEYER, Deputy City Attorney (3985 : (1) Ordinance Appointing Victoria R. Eisenberg to the  6.K.a Packet Pg. 178 Attachment: K18 Ordinance to appoint VICTORIA R EISENBERG Dpeuty City Attorney (4011 : Ordinance to APPOINT Victoria R. Eisenberg to  6.K.a Packet Pg. 179 Attachment: K18 Ordinance to appoint VICTORIA R EISENBERG Dpeuty City Attorney (4011 : Ordinance to APPOINT Victoria R. Eisenberg to  6.K.a Packet Pg. 180 Attachment: K19 COMPENSATION CITY MANAGER (3995 : Ordinance re the Compensation of the City Manager effective July 1, 2024  6.K.a Packet Pg. 181 Attachment: K19 COMPENSATION CITY MANAGER (3995 : Ordinance re the Compensation of the City Manager effective July 1, 2024  6.K.a Packet Pg. 182 Attachment: K20 COMPENSATION CITY ATTY (4012 : Ordinance re the Compensation of the City Attorney effective July 1, 2024 (Requested by  6.K.a Packet Pg. 183 Attachment: K20 COMPENSATION CITY ATTY (4012 : Ordinance re the Compensation of the City Attorney effective July 1, 2024 (Requested by  6.K.a Packet Pg. 184 Attachment: K21 COMPENSATION CITY CLERK (4013 : Ordinance re the Compensation of the City Clerk effective July 1, 2024 (Requested by  6.K.a Packet Pg. 185 Attachment: K21 COMPENSATION CITY CLERK (4013 : Ordinance re the Compensation of the City Clerk effective July 1, 2024 (Requested by  6.K.a Packet Pg. 186 Attachment: K22 COMPENSATION RE ASSESSOR (4014 : Ordinance re the Compensation of the City Real Estate Assessor effective July 1,  6.K.a Packet Pg. 187 Attachment: K22 COMPENSATION RE ASSESSOR (4014 : Ordinance re the Compensation of the City Real Estate Assessor effective July 1,  6.K.a Packet Pg. 188 Attachment: K23 COMPENSATION CITY AUDITOR (4015 : Ordinance re the Compensation of the City Auditor effective July 1, 2024 (Requested  6.K.a Packet Pg. 189 Attachment: K23 COMPENSATION CITY AUDITOR (4015 : Ordinance re the Compensation of the City Auditor effective July 1, 2024 (Requested  6.K.a Packet Pg. 190 Attachment: K24 Ordinance to Accept a Donation of Radiation Detection Equipmen (3980 : Ordinance to Accept a Donation of Radiation  6.K.a Packet Pg. 191 Attachment: K24 Ordinance to Accept a Donation of Radiation Detection Equipmen (3980 : Ordinance to Accept a Donation of Radiation  6.K.a Packet Pg. 192 Attachment: K24 Ordinance to Accept a Donation of Radiation Detection Equipmen (3980 : Ordinance to Accept a Donation of Radiation  6.K.a Packet Pg. 193 Attachment: K24 Ordinance to Accept a Donation of Radiation Detection Equipmen (3980 : Ordinance to Accept a Donation of Radiation  6.K.a Packet Pg. 194 Attachment: K24 Ordinance to Accept a Donation of Radiation Detection Equipmen (3980 : Ordinance to Accept a Donation of Radiation  6.K.a Packet Pg. 195 Attachment: K25 Ordinance to Accept and Appropriate State Funds and to Transfer within the Department of Human Services for the Children's  6.K.a Packet Pg. 196 Attachment: K25 Ordinance to Accept and Appropriate State Funds and to Transfer within the Department of Human Services for the Children's  6.K.a Packet Pg. 197 Attachment: K26 Ordinance to Accept and Appropriate State Funds to Support the Permanent Supportive Housing Program (4016 : Ordinance  6.K.a Packet Pg. 198 Attachment: K26 Ordinance to Accept and Appropriate State Funds to Support the Permanent Supportive Housing Program (4016 : Ordinance  6.K.a Packet Pg. 199 Attachment: K27 Ordinance to Accept and Appropriate Funds to Modernize the Community Services Boards Electronic Healthcare Record  6.K.a Packet Pg. 200 Attachment: K27 Ordinance to Accept and Appropriate Funds to Modernize the Community Services Boards Electronic Healthcare Record  6.K.a Packet Pg. 201 Attachment: K28 Ordinance to Acept and Appropriate Funds to Expand Comunity Based Substance Use Services (3982 : Ordinance to Accept  6.K.a Packet Pg. 202 Attachment: K28 Ordinance to Acept and Appropriate Funds to Expand Comunity Based Substance Use Services (3982 : Ordinance to Accept  CARL R. ELLIS, JR FOR A VARIANCE TO SECTION 4.4(B) OF THE SUBDIVISION REGULATIONS RE SUBDIVIDE THE LOT TO CREATE TWO (2) SINGLE-FAMILY DWELLING LOTS AT 2620 BROAD BAY ROAD DISTRICT 8 (DEFERRED FROM MAY 21, 2024) 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. 203  6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CARL R. ELLIS, JR. [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) for the property located at 2620 Broad Bay Road (GPIN 1499688214). COUNCIL DISTRICT 8 MEETING DATE: June 18, 2024 (Deferred on April 16, 2024 & May 21, 2024)  Background: The existing lot was created by deed in 1952, prior to the adoption of the City’s Subdivision Regulations. Lot 8 is currently developed with a single-family dwelling. The applicant seeks to subdivide the lot into two single-family dwelling lots. A Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations is needed as the two proposed lots will not meet the lot width requirement of 80 feet, measured at the 30-foot front yard setback. Proposed Lot 8A is deficient by 0.97 feet and proposed Lot 8B is deficient by 1.49 feet. Except for the lot width, the proposed lots meet all the dimensional standards for property zoned R-10 Residential District. Since the Subdivision Regulations require a 50-foot right-of- way width and the current right-of-way width on this portion of Broad Bay Road is 40 feet, the applicant is proposing a 5-foot right-of-way reservation, which will be dedicated prior to the development of these lots. The proposed home styles provide high quality and attractive buildings that will be compatible with the variety of housing sizes and styles in this area. At the April 16, 2024, and May 21, 2024, City Council hearings, the applicant’s representative requested 30-day deferrals to allow additional time to meet with those in the surrounding neighborhoods in opposition to the request to attempt to address their concerns related to the variance request.  Considerations: Section 9.3 of the Subdivision Regulations provide criteria for which City Council may grant Subdivision Variance requests. The Planning Commission concurred with Staff’s recommendation of the approval of this request. The applicant has agreed to Condition 3 that the dedication for the road width will occur after the plat is recorded and prior to any development of the lots. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. Seven (7) letters of support and thirty (30) letters of opposition were received for this application. Three (3) speakers were in attendance at the Planning Commission hearing and expressed concerns that the Packet Pg. 204  6.L.a Carl R. Ellis, Jr. Page 2 of 3 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of new homes could change the look and feel of the neighborhood, decrease property values, and affect the privacy of surrounding neighbors. To address the surrounding property owner concerns, the applicant has provided a revised exhibit showing the removal of three trees, two on the applicant’s property, and the other on the adjacent property to the west to which the property owner has agreed. This is to provide more visibility near the curve of the roadway. The exhibit also depicts a 354.9 square foot visibility easement in that same area which will prohibit any plant materials, fencing, and landscaping improvements greater than 30 inches in height.  Recommendation: On March 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 2. 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled “PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY,” prepared by Gallup Surveyors & Engineers, dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance, size, colors, and materials to the elevations entitled “ PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8A”, prepared by Fentress Home Design, dated 7/11/2022, “ PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8B”, prepared by Fentress Home Design, dated 7/11/2022, and renderings entitled “ELLIS – LOT 8A – 1-17-2024” and “ELLIS – LOT 8B – 1-17-2024”, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum 50 feet wide. Said reservation for future dedication shall be a minimum of five (5) feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (7) Packet Pg. 205  6.L.a Carl R. Ellis, Jr. Page 3 of 3 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Letter(s) of Opposition (30) REVISED Exhibit w/Visibility Easement dated 05/29/2024 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 206  6.L.a Applicant & Property Owner Carl R. Ellis, Jr. Agenda Item 10 Planning Commission Public Hearing March 13, 2024 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of City Council District 8 Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 2620 Broad Bay Road GPIN 1499688214 Site Size 26,681 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling / R-10 Residential Surrounding Land Uses and Zoning Districts North Single-family dwelling / R-10 Residential South Broad Bay Road Single-family dwelling / R-10 Residential East Single-family dwelling / R-10 Residential West Single-family dwelling / R-10 Residential Carl R. Ellis, Jr. Agenda Item 10 PacketPagePg. 1207  6.L.a Background & Summary of Proposal Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of • The subject lot is zoned R-10 Residential District and is currently developed with a single-family dwelling. The lot was established by plat in March 1952 (M.B. 29, PG. 48), prior to the adoption of the City’s Subdivision and Zoning Ordinances. • The applicant seeks to subdivide the property to create two residential lots. While both lots would meet the 10,000 square foot minimum lot area requirement, the lots will not meet the lot width requirement of 80 feet measured at the 30-foot front yard setback. Therefore, a variance to Section 4.4(b) of the Subdivision Regulations is required. • As shown below, the proposed lots, Lots 8A and 8B, meet the dimensional standards for properties in the R-10 Residential District, except for the minimum lot width requirement. Required Proposed Required Proposed Required Minimum Minimum Street Line Street Line Minimum Proposed Proposed Lot Lot Width in Lot Width in Frontage in Frontage in Lot Area in Lot Area R-10 R-10 R-10 R-10 R-10 (square feet) (feet) (feet) (feet) (feet) (square feet) Lot 8A 80 79.03* 64 85.02 10,000 12,757 Lot 8B 80 78.51* 64 84.77 10,000 10,924 *Variance Requested Zoning History # Request 1 SVR (Creation of new lots without direct access to public 3 1 2 street) Approved 01/22/2002 SVR (Lot width reduction) Approved 05/13/1997 3 SVR (Creation of new lots without direct access to public street) Approved 01/28/1997 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 Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. Carl R. Ellis, Jr. Agenda Item 10 PacketPagePg. 2208  6.L.a C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The request to address the reduction in lot width for Lots 8A and 8B is, in Staff’s opinion, acceptable. Staff believes the proposed lots will not be out of character with the surrounding area and finds the variance request to be compliant with the conditions of Section 9.3 and consistent with the Comprehensive Plan’s vision for the Suburban Area. Development within this area focuses on creating and maintaining great neighborhoods. Achieving this goal reflects on the ability for developments to maintain and enhance the existing neighborhood, to be compatible with surroundings, and provide quality and attractive buildings with effective buffering and livability. Staff finds the proposed buildings to be high quality and attractive. Condition 2 is recommended to ensure that the design and exterior building materials shown are developed in substantial conformance to the elevations, as conditioned. As stated previously, it is the intent of the applicant to subdivide the 23,681 square foot site into two lots for the development of two single-family dwellings, which requires a variance to the lot width requirement of 80 feet. Proposed Lots 8A and 8B meet all the dimensional requirements of the Zoning Ordinance for the R-10 Residential District, except for the lot width requirement, both of which are just shy of the required 80 feet. Section 4.1 (m) of the Subdivision Regulations, requires a 50-foot right-of-way width; however, the existing right-of-way is currently 40-feet wide, as originally platted in MB 29, PG 48. The applicant has agreed to provide a five-foot right-of-way reservation, as noted in Condition 3. The applicant is agreeable to this condition that the reservation for the road width will occur and will take place immediately after the plat is recorded and prior to any development of the lots. A reservation for this future dedication will be shown on the subdivision plat. Based on these considerations, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled “PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY,” prepared by Gallup Surveyors & Engineers, dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance, size, colors, and materials to the elevations entitled “ PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8A”, prepared by Fentress Home Design, dated 7/11/2022, “ PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8B”, prepared by Fentress Home Design, dated 7/11/2022, and renderings entitled “ELLIS – LOT 8A – 1-17-2024” and “ELLIS – LOT 8B – 1-17-2024”, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum 50 feet wide. Said reservation for future dedication shall be a minimum of five (5) feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. Carl R. Ellis, Jr. Agenda Item 10 PacketPagePg. 3209  6.L.a 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 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the “Suburban Area.” Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan’s primary guiding principle for the Suburban Area is to create “Great Neighborhoods,” and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 10 ADT Broad Bay Road No Data Available 1 No Data Available 1 Proposed Land Use 3 – 20 ADT 1 Average Daily Trips 2 as defined by one single-family 3 as defined by two single-family dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Broad Bay Road is a two-lane residential street. No CIP projects are planned for this area. Public Utility Impacts Water Each proposed parcel must connect to City water with a separate and exclusive water service line and meter. The existing water service line may be reused or must be abandoned. There is an existing 12-inch City water main along Broad Bay Road. Sewer Each proposed parcel must connect to City sanitary sewer with a separate and exclusive sanitary sewer lateral and cleanout. The existing sanitary sewer lateral may be reused. There is an existing 10-inch City sanitary sewer gravity main and a 6-inch City sanitary sewer force main along Broad Bay Road. Carl R. Ellis, Jr. Agenda Item 10 PacketPagePg. 4210  6.L.a Public Outreach Information Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Planning Commission • The applicant reported that they met with the surrounding property owners. 8 letters of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2024 and March 6, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.VirginiaBeach.gov/pc on March 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 4, 2024 and June 11, 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 June 3, 2024. • The City Clerk’s Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on June 14, 2024. Carl R. Ellis, Jr. Agenda Item 10 PacketPagePg. 5211  Existing Site Layout Carl R. Ellis, Jr. Agenda Item 10 6.L.a PacketPagePg. 6212 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  Subdivision Variance Exhibit Carl R. Ellis, Jr. Agenda Item 10 6.L.a PacketPagePg. 7213 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  Proposed Building Rendering for Lot 8A Carl R. Ellis, Jr. Agenda Item 10 6.L.a PacketPagePg. 8214 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  Proposed Building Elevation for Lot 8B Carl R. Ellis, Jr. Agenda Item 10 6.L.a PacketPagePg. 9215 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  Site Photos Carl R. Ellis, Jr. Agenda Item 10 6.L.a PacketPagePg.10216 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  Disclosure Statement Carl R. Ellis, Jr. Agenda Item 10 6.L.a PacketPagePg.11217 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  Disclosure Statement Carl R. Ellis, Jr. Agenda Item 10 6.L.a PacketPagePg.1218 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  X Disclosure Statement 5/28/2024 Marchelle L. Coleman Carl R. Ellis, Jr. Agenda Item 10 6.L.a PacketPagePg.13219 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  6.L.a Next Steps Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council’s decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Carl R. Ellis, Jr. Agenda Item 10 PacketPagePg.14220  R10 6.L.a o m Dr R10 Absal Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) in ive Pen R10 sula a d Absalo R o Ro a Bay B ay R10 d d ad Ro a Br o m Driv o ad e ay R ro a dB a d B o R R10 ss o M Site Property Polygons Zoning Building Carl R. Ellis, Jr 2620 Broad Bay Road µ Feet Packet Pg. 221 0 20 40 80 120 160 200 240  6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Virginia Beach Planning Commission March 13, 2024, Public Meeting Agenda Item # 10 Carl R Ellis, Jr RECOMMENDED FOR APPROVAL Madam Clerk: Okay, our next agenda item is agenda item number 10, Carl R. Ellis Jr., a subdivision variance of section 4.4(b) of the subdivision regulations at 2620 Broad Bay Road in District 8. Mr. Bourdon: Madam Chair, members of the Planning Commission, Eddie Bourdon Virginia Beach attorney represent Dr. Carl Ellis Jr. who's the applicant on this case. I have given you all, provided you all a lot of handouts. I think it's extremely important that you take a moment or two to review them. I'm going to discuss them with you. But start with very simply, Ms. Ellis has owned this property for many, many years. It is a parcel that was created on the original subdivision plat of Broad Bay Colony, which I've given you a copy of. It happens to also share its western boundary with a prior subdivision, different subdivision, different development called Broad Bay Point, and at that, where the two come together, the two parcels that were developed by separate developers on separate flats, you'll notice that the road, which I've circled on that plat in orange makes an extreme immediate turn to the northeast, and not even a turn, and creates a situation that is really the contributor to the need for this one de minimis little variance. You'll note that the two lies to be created both exceed in one case by 2,750 square feet, and the other by 924 square feet, the minimum lot size. The street frontage, you will also note 85.02 feet and 84.77 feet. It is only at the setback that one is a little less than a foot short, and the other is a little less than a foot, and a half short, but the lots are well, much larger than, than the 10,000 foot requirement. The homes are very attractive. They're also will be expensive, and they're also in keeping with the redevelopment that has been occurring over decades in both Broad Bay Colony and Broad Bay Point. Staff recommendation is acceptable. The conditions are acceptable. Most importantly, this is what has been an ongoing redevelopment over many, many, many years. You will note on what I handed out to you, a lot of lots that are, outlined in yellow, and have either the 1, 2, 3 for the 3 that were the 3 subdivisions, 1 being a 3 lot, other two being 2 lot, re-subdivisions that were done from the original platted lots, and the others labeled A through G being subdivisions of existing Packet Pg. 222  6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of original lots under these plats that were subdivided into two lots of which there are I believe 22. There are 22 current lots just on this little postage stamp on the composite map. That are highlighted, that were subdivisions of the original parcels as platted in in the plats that I gave you, and I've highlighted those original on those two plats as well. This is absolutely the way that the newer, more valuable homes have developed at, and not on slabs, but up, and let me hasten to answer a question that was asked this morning. This property, the only CVPA impact is on the front. Of the property, not where the houses are to be built. There's no RPA encroachment at all with these two lots. The property next door, I've labeled G, and I've provided you with the subdivision plat of that property that was done in the year 2000. That piece of property had just barely 20, 000 square feet, and two lots that were created that just barely get over the 10,000 square feet. Very, very much similar to these only smaller. No right-of-way dedication or reservation, even though the subdivision order is the same then as it is now, was required. Had it been, they wouldn't have had, 10,000 square feet per lot. The lot that's labeled one, the two lot subdivision there, there's no road frontage. That was a variance for that one. The variances on lot two, or the variance on lot two was for a 70 feet lot width, instead of a 80 feet lot with granted, and again the three, which is kind of off the side Bay Road that also was a lot frontage variance to not lot frontage, on a public street. So, the notion that this is somehow, I'm going to set some precedent, not at all. This is the type of organic redevelopment that we're blessed in the City of Virginia Beach to have. This property has been zoned R-10 since we got, since we've had zoning. It just so happens that it was platted before we had zoning or subdivision ordinance, if we'd had a zoning and a subdivision ordinance, the issue with the starting of this plat, and the road the way it begins, which creates the problem would not have occurred, but we didn't have a subdivision ordinance when these subdivisions were put to record back in the early 1950s, but the simple fact of the matter is there, of the people who, and I've given you petitions of folks who are in favor of this application, the folks who've given you opposition, 13 of those people that y'all had the map bought this morning with the stars, 13 of those are on lots that are re-subdivisions of original lots, and these roads are not 50 foot roads on Bay Island, they're narrower right of ways, and the value difference is incredible. The property adjacent that I've listed is G. It's given you the addresses, and it's got, it's got actually a picture of both of the houses. The original, before it was subdivided into two lots, the land was valued at 100,000, just the land, and the, the year after it was subdivided, each lot was worth 130,000 or 260,000. The houses on those lots today, the lots are worth 400 or assessed at $431,000 to $432,000 each, and the total values are Packet Pg. 223  6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of $790 and $770. The lots at number two, those lots are all and the houses are all well over a million, and when the property was subdivided into three lots, the value of the whole thing was in the mid-four range. So it's organic redevelopment, and the houses that were built originally have zero stormwater. There was no stormwater ordinance for many years after these plats, even after we had zoning. So the redevelopment, as it's been occurring, at least on those lots, there is, and they will be required for quality reasons, for stormwater quality, they will have to implement BMP’s for that. They’re not on site holding of the water, other than to meet the quality requirements. So that’s another benefit. So there will be stormwater quality benefit, by the redevelopment of this lot, just as been the case with the majority of the other ones that are noted on the exhibit I have passed out to everyone, and so just to be clear, when I read this petition, there’s a lot of things in there that are just not factually accurate with the history of these properties, and these two subdivisions on the Bay Island, and these will be high quality homes that will not do anything other than. The negative is, it continues to increase in property values, and the taxes that along with it. I will be happy to answer any questions? Ms. Cuellar: Thank you. Are there any questions? Mr. Mauch? Mr. Mauch: How many of the 22 previously subdivided lots are opposed to subdividing? Mr. Bourdon; There’re 13, that I counted on the map, because I had all those map. There were 13 of those including Ms. Black, who subdivided lots directly adjacent to Dr. Ellis. Ms. Black tried to get Dr. Ellis to provide her with some additional land because the initial survey that she had done on her property actually indicate that she had less than 10,000 square feet. Then she had another surveyor go out and survey it to determine that she had a little more than 10,000 square feet, but Dr. Ellis knew that, you know, if he was gonna subdivide what she planned on doing he needed every inch of the width, so he couldn't give her property off of his east side, so she would have 10,000, but then, a surveyor certified that she did have 10,000, a little over 10,000, but that was without having to do any right-of-way dedication, which Dr. Ellis is able to do. Mr. Mauch: Maybe this is for staff, but with what he's provided about this being done before a President already being there? Is that the case in your eyes? Ms. Cuellar: I don't have a copy of what was provided because I wanted to make sure there was enough for the group. Packet Pg. 224  6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Mr. Mauch: You can answer that question after review. You don't have to wait. Seems like Commissioner Byler might have a question in the meantime. Ms. Cuellar: Commissioner Byler. Ms. Byler: Attorney Bourdon, you indicate if I heard correctly that there were 13 other lots of this, and they're now opposing, but in fact, they're sitting on redeveloped lots, correct? Mr. Bourdon: Thirteen of the people who sent in the form letters, they all sent in, are people who live in houses on lots that were created by dividing the original lots. Ms. Byler: Previously re-subdivided. So are all 13 of those lots that did not meet the minimum 80 foot width requirement? Mr. Bourdon: No, I didn't suggest that. I didn't suggest that. It's a character of the neighborhood argument, and that they'll devalue, that there'll be cheap lots, that those, that are set forth, but there are three just in this area. There are others, there are others on Bay Island. These aren't the only three that were approved, these subdivisions that were approved with variances either. There are other, this, I just used this -- just this little subset. There are plenty more. I didn't do the whole, you know, the whole Bay Island. This was sufficient to show that it's, it's in character with and it's, again, it, these lots, you know, these two lots are well over 10,000 square feet versus, and that's with giving the city a right-of-way, you know, dedication, which couldn't be done next door. They wouldn't have had -- they wouldn't have had 10,000 square feet, and these are lot. Ms. Byler: Right. So they're in excess of the square footage requirement, but they still do not meet the 80 feet width requirement. Mr. Bourdon: Don't meet the 80 feet width at the 30 feet setback. Ms. Byler: I just wanted to make sure we weren't -- that we were comparing different items because they're not the same. Those 13 who objected. Mr. Bourdon: People are free to object. I'm no one suggesting, that I didn't say they couldn't object. I simply said that the basis for their objections stated in their form letter isn't accurate. These aren't cheap lots. It's not changing the character of the neighborhood. They're -- it's been going on in this neighborhood for decades, and will continue to. Packet Pg. 225  6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Ms. Byler: It's just that these lots don't meet the 80 feet required minimum. That's the distinction. Some have been approved with variances because they don't meet street frontage or lot width. Not just these three that are shown in, that the city has noted in that area, there are others on the island that are in the same. Whether or not anyone, and I didn’t look. I mean, it’s possible. I don’t recall trying to make the determination, I was looking in there, and you had the red stars up there, but actually, I do think that I am pretty sure, one of them, but I had to look at the map with the red stars with the one they got the 70 foot, the lot, not the person objecting, that has the lot with the 70 feet frontage instead on the opposite side of Broad Bay Road. Ms. Cuellar: Any other questions? Madam clerk, do we have any speakers on this item? Madam Clerk: Yes, ma’am, we have Stacy Lawler, followed by Robert Lawler. Mr. Lawler: Good afternoon Planning Commission. My name is Rob Lawler. I'm a homeowner at 2032 Long Creek Road in Bay Island. I live within 500 feet of the proposed variance request to allow for the subdivision of a lot at 2620 Broad Bay Road to build two homes. I am here to strongly oppose the subdivision and variance requests. I believe, and my neighbors believe, this request sets an incredibly poor precedent for all planned neighborhoods in Virginia Beach. All zoning laws are enacted for a purpose, and this is especially true, for residential neighborhoods. When these laws are not protected, it compromises the reason people purchase and invest in their communities. The existing lot minimums are in place for a reason. When you start compromising with variance, especially when it's significant, it's building two homes on a lot zone for one, you put the integrity of all neighborhoods on a slippery slope. It is very important to note, 30 neighbors within 500 feet of 2620 Broad Bay Island are very much opposed to this variance request. Conversely, there is one residence within 500 feet in favor. Simple math, 30 against, 1 in favor. All viewers sent copies. A Form Letter that was personally signed, read, and commented on by the 30 people post this variance request. These letters were mailed to Marchelle Coleman, Planning Development City Planner, Virginia Beach on March 7th. Ms. Coleman said she would forward these letters to the Planning Commission, and City Council for review prior to this meeting. I'm assuming you all had a chance to review them. A few, or in this case, the one, should not take precedence over the vast majority of neighbors near the property who opposed this variance request. It's a simple argument. The laws are the laws. Zoning laws are in place for a reason, and I'm asking, on behalf of myself, and the 30 people opposed to this variance, to simply maintain the integrity of the established zoning laws in place. Thank you for your time. Packet Pg. 226  6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Ms. Cuellar: Thank you very much. Madam Clerk: Beth Dubinsky, and Dennis will follow Beth. Ms. Dubinsky: Hello, my name is Beth Dubinsky, and I live at -- my husband and I own 2030 Long Creek Road, and it is adjacent to 2620 Broad Bay Road. The handout that I'm giving, Mr. Ellis Rick's house is in the middle. The Jarvis’s house is next to the White House, and then my house is the one that's pinned, so the majority of my backyard butts up next to Rick's backyard. Both my husband and I, we strongly oppose this request for the zoning variance to subdivide the property. I've only been on Long Creek Road since about 2016, and we were drawn to the property because of the charm of the neighborhood, and the privacy of the backyard. I respectfully disagree that the way of the neighborhood is keeping those, you know, half acre lot, people are bulldozing and building new, which is exactly what my husband and I did. We moved into a house that was built in 62, bought it from the children of the original owner, and much to our surprise, the none of the wiring, and the plumbing was up to code, so we had to do something. We didn't even think to subdivide our lot. We wanted to keep the integrity of the neighborhood and our privacy. I think it is an expectation that when you buy a piece of property in an established neighborhood such as Bay Island, that the property lines that have been there for decades will remain the same. Our backyard, like I said, does directly face Mr. Ellis's backyard and the proposal that he has to put the houses on there is going to, this two story house is going to directly overlook our backyard, and I know that some houses are like that, and that they buy, you know, but that's not the piece of property that we bought, and there's no guarantee how far back on the property he's going to go. I know in the letter that he sent to, you know, walked around the neighborhood, he said that he was going to set the houses as far back as he could on the property, that's going to be right up to my backyard. I would also like to point out that six of the seven letters in support of the variance request live quite far away our pieces of property. There, you know, some of them are almost a mile away, and that’s not gonna affect their daily life and their property. When they go out and sit in their backyard, they're not gonna worry, you know, someone staring down at them. That's about all I have to say, and I just appreciate the time today to speak and have you listen to my thoughts on this issue. Ms. Cuellar: Thank you very much for being with us. Any questions? Madam Clerk: Our last speaker is Dennis Janikowski. Packet Pg. 227  6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Mr. Janikowski: Good afternoon. I'm Dennis Janikowski. Thank you for hearing my perspective today. I am one of the people that is on the next door. I live next door to Rick Ellis. I'm on the subdivided lot that Ms. Black separated years ago. Interestingly, on our size of our lot, there's no windows on the side that were so close to Barbara Black, but on the side of the house facing Rick Ellis, we've got bedroom windows, kitchen windows, living room windows. So part of our personal concern is for our privacy. I have passed out a few things that are maybe also discuss what the lawyer had brought up. For one, I think when you, we bought on the island because when you drive around there, it has character. There's one road in, one road out. The Planning Commission details did not discuss traffic, but the city's been studying traffic and speeding on the island for the last 20 years, and it's a problem. They're about to put in eight speed tables in our neighborhood. So more density in our neighborhood is not super desirable to a lot of people. That's why I think we focused, we went around and with the “Form Letter” and asked the neighbors, the only neighbors within 500 feet. We didn't go out to friends and family that are somewhere else in the neighborhood, and 30 people said that they were opposed to this. They did not want increased density. They did not support the idea of dividing lots. So one of those handouts has just probably the same thing your stars had, but it was reflecting how many people within 500 feet that answered the door because not everybody, the other people didn't oppose only one person. There were two people who opposed, one of them changed their mind, and rather supported. One changed their mind and opposed later on. When it comes to the division of plats that the lawyer brought up, that may be true, or I believe it's true, but I don't know when that happened, but if you drive around the island today, you will see that there are certain homes that it looks like, yep, that's a split lot. One of those handouts that's in there is, I think it's 2000 White Hill Road, and 2029 Hackberry. That's an example of a typical what people are doing when they split the lots. When we moved into the island in 2003, we've been there 24 years. In 2001, we were told there were 384 homes on the island. I've heard recently that there's 410. I can't verify that, but it does say that there has been some precedent for splitting homes. What you normally see when people split homes is they split it with a pretty big nicer home, or they knock down a ranch, and they put a pretty big nice home on that ranch. One of those drawings, I think the context if you just look at the plat that he's suggesting or wants to build on, it doesn't consider the lots that are next door or nearby. So I ask a CAD expert to draw that. I wanted to see what my land and my house looks like right next to his, in part to understand the privacy implications, the flooding Packet Pg. 228  6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of implications, what we might have to do to put up landscaping. So we're not looking into their yard, et cetera. Part of what we see in that drawing is a place in our yard. We're like the low part of the saucer bowl. Where we have flooding is kind of right up close to where his house is. So, if they raise the land or if water is not dripping through the way that it does today, we risk increased flooding to our piece of land. I know we're going to have to put in landscaping and suffer costs if we need to, add to the privacy that we have today. So those are personal impacts. Most of what I've been thinking about over the last weeks, and as I talked to all the neighbors was the precedent to the neighborhood. One that drawing that has my house, and the two of his, you will see at least from a Square footage of the footprint of the property. Ours is like 22,00 square feet, and the property adjacent to us would be 1,530 square feet. So that's about 70%. That's also 70% of what he has on the property today. So, it's not putting a nice big house in there, like is the precedent that I'm used to seeing on the island. Thank you very much. Ms. Cuellar: Thank you very much for being here. Excuse me, we have a question. Commissioner Plumlee. Mr. Plumlee: Do you know if there's any private covenant restricting these lots from subdivision or to a one-single family home? Mr. Janikowski: I don't know if I said in my intro, but I'm an IT guy who happens to live next door, and cares about our neighborhood, and I don't know about that. Mr. Plumlee: But with regards to your title when you bought your house, you don't recall there being a covenant saying this is restricted to one dwelling on this one lot? Mr. Janikowski: No, but I mean, our yard so there was commentary about 20,000 square feet that got divided into two pieces and, both being, I guess, just barely above 10,000. We think rules are rules, and if it's 10,000, it's a good enough, if the minimum wasn't good enough, it wouldn't be the minimum. Mr. Plumlee: So it's not subdividing, it's just simply the size of the lot. Mr. Janikowski: On our lot, I think you're asking. Mr. Plumlee: With regards to this proposal, I don't want to mistake you. You're saying, you object to it subdividing because of the size of the lot, not because of the actual subdivide, was that fair? Packet Pg. 229  6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Mr. Janikowski: We object to the division of the lot because it's not meeting the code. There's no homeowner's association to enforce what is supposed to happen about the look and feel of our neighborhood, except for the zoning laws. He does not meet the frontage requirement. There was commentary that we don't meet the frontage requirement, but that must not have been a requirement when our house was built, so I can't do anything about that. Mr. Plumlee: Understood. Ms. Cuellar: I think we needed this back. There's a little note. Madam Clerk: That was our last speaker, Madam Chairman. Ms. Cuellar: Thank you very much. Madam Clerk, did you say that was the last speaker? Okay, thank you. I'd like to open this up for discussion. Mr. Bourdon: So just to be clear, there is no, there are no deed restrictions that restrict the division of lots in either of these two original neighborhoods, and these homes that are proposed will meet all setback requirements, and they don't exceed or even get to the height limit. The issue or the concern about, somebody being to look into your backyard that exists everywhere, and there's again, there's nothing non-conforming about these two lots, other than the width at the 30 feet setback, which is caused by the way the road was platted, which is a hardship, and it's unique to this piece of property. These issues sometimes, unfortunately, turn into popularity contests, but land use isn't a popularity contest. The fact that Dr. Ellis is not building a super large house, is then used as an objection. I don't quite get that. He could have built a bigger house, and have more rooms looking across the fence, or whatever the case may be, but the orientation, and the gentleman who spoke his, where he lives was one of the last that was subdivided. I don't believe, and I didn't assert that it didn't meet the lot square footage, nor the lot width from my, from what I understand. It's one on the opposite side of the street from him that that's the case, and didn't have the frontage on the street. There's been a varying interpretation over the years as to whether these streets, the side streets or public streets or not, and that's one of the reasons why there are a whole lot of variances on the island that aren't just shown here, because they, for many years, were not treated as being public streets. So, you're getting variances to split lots that didn't even have frontage on a public street, because the City didn't maintain them because they were way below the required width the street. That's not the case with this application at all, and as is demonstrated this issue that it's somehow going to be, you know, other than privacy, which isn't something that land use doesn't give you the right to restrict, what someone else can do on their property that might look into or be able to see whether they're looking or not, is irrelevant Packet Pg. 230  6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of into your backyard. So, staff's recommendation is consistent with the development pattern that has taken place here. The variance is de minimis, and it will have no impact on the location of the dwellings on either lot at all, and again, the lots aren't being overbuilt at all, and there is no CVPA impact at all. Happy to answer any questions Ms. Cuellar: Commissioner Mauch? Mr. Mauch: I just wanted to get clarification on what he had said earlier, and I think y'all have had some time to research. What were the, was what he said, have there been multiple variances in this similar fashion? Ms. Gordon: Yes, there have been. We've looked just within about a 500 foot radius across the street on Broad Bay is the variance we spoke about this morning that has seven foot. There were three lots, and there was a seven foot deficiency, then there are other lots, maybe four more or four applications that encompass multiple lots, that either had no frontage on a public street, they are on private streets, or they constituted a flag lot. Mr. Mauch: Were there any that had multiple variances on multiple lots or variances on multiple lots? Ms. Gordon: Yes, there are some on Hackberry, Bay Road. As Mr. Bourdon mentioned some of these are private streets, so there is no frontage on a public street in those cases, and they cover multiple lots. Mr. Bourdon: I could add, we could have done this, so that one of the lots didn't need a variance and the other one did. I mean, the number, I mean, we tried to keep them so they were as absolutely close to everything as we could. That's why they're so de minimis. But, you know, that's the reason for it. Again, it's because of the strange angle of the road that we have this issue. Ms. Cuellar: Mr. Anderson. Mr. Anderson: Ms. Gordon, I don't think this matters too much, but I'm just curious. Is Dr. Ellis planning on living in one of these houses and selling the other? Mr. Bourdon: Yeah, yes, he is, yes, and he's in Richmond. He is testifying in a court hearing today. He wanted to be here, but, he hoped it would get settled, but it didn't get settled. But yes, that's correct. Ms. Cuellar: Thank you. Now we'll open it for discussion. Packet Pg. 231  6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Mr. Plumlee: I'll just put my thoughts in real quick. I think when it comes to the architectural character of a neighborhood, you look to the originators of the neighborhood. Typically, when there is an intent to restrict the size of the lots to one home, you'll find a private covenant even going back to the 40’s and 50’s before there was a City of Virginia Beach. Then the city overlays its policy of keeping the architectural character of a neighborhood. I've been through Broad Bay Island many times, and I've seen it, I think what is really unique about it is that it doesn't have a uniform character. There is not monotony in the design, and I don't find it offensive to subdivide this lot, to accommodate these, and make the small variance. There have been plenty of variances, so when we talk about precedence, I ask, what did the people who develop this neighborhood intend? It doesn't appear as though they intended to restrict these from being subdivided or they would have made -- many neighborhoods in Virginia Beach, have private covenants restricting the subdivision. There was a famous case Judge Morgan, who's now deceased, took all the way to the Supreme Court of Virginia trying to subdivide his lot in Bay Colony, but there was a private covenant on the property, and the Supreme Court upheld it, and even a federally appointed lifetime appointment couldn't overcome that straight up law. So, I would support this. Ms. Cuellar: Is there any other discussion? So I just wanted to comment, this is in my district. I find the opposition to be significant. I do think it's important that we respect our current zoning standards. So I'll be opposing this today. So, do we have a motion? Mr. Plumlee: I'll move to approve. Ms. Hippen: Second. Ms. Cuellar: So we have a motion by Commissioner Plumlee, a second by Commissioner Hippen. Is there anyone abstaining today? Madam Clerk? Madam Clerk: The vote is open. By a vote of 8 to 2, item number 10 has been recommended for approval. Packet Pg. 232  6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of AYE 8 NAY 2 ABS 0 ABSENT 1 Alcaraz ABSENT Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar NAY Estaris NAY Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled “PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY,” prepared by Gallup Surveyors & Engineers, dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance, size, colors, and materials to the elevations entitled “ PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8A”, prepared by Fentress Home Design, dated 7/11/2022, “ PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8B”, prepared by Fentress Home Design, dated 7/11/2022, and renderings entitled “ELLIS – LOT 8A – 1-17-2024” and “ELLIS – LOT 8B – 1-17-2024”, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum 50 feet wide. Said reservation for future dedication shall be a minimum of five (5) feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. Packet Pg. 233 Packet Pg. 234 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 235 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 236 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 237 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 238 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 239 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 240 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 241 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 242 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 243 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 244 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 245 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 246 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 247 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 248 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 249 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 250 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 251 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 252 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 253 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 254 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 255 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 256 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 257 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 258 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 259 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 260 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 261 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 262 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 263 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 264 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 265 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 266 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 267 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. I f allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name M G r \ - ; A n G • 0 \ 4 &I) Address ? 4 , 5 2 , c o c a & k , i ( ( d \ Date 3/q/aL Comments Packet Pg. 268  6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. I f allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Son Roy Addre 2va ate /2.2.4 Comments k‘ipt- Packet Pg. 269 Packet Pg. 270 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of Packet Pg. 271 6.L.a Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of  6.L.a NOW OR FORMERLY NOW OR FORMERLY ANNA S MELICHAREK JON R. FLOYD LIVING TRUST I.N. 20200130000104690 I.N. 202103068000 LOT 10, BROAD BAY COLONY LOT 7, BROAD BAY COLONY M.B. 29, PG. 48 M.B. 29, PG. 48 GPIN: 1499-68-9441 GPIN: 1499-68-8414 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of the Subdivisi) NOW OR FORMERLY DAVID A. DUBINSKY & CAROL E. DUBINSKY I.N. 20181226001050590 SITE LOT B, SUBDIVISION OF LOT 24, NOW OR FORMERLY BROAD BAY POINT M.B. 47, PG. 23 DENNIS JAMES JANUCHOWSKI & GPIN: 1499-68-6277 HALLE McCLELLAND JANUCHOWSKI I.N. 202100004008 LOT 11A, SUBDIVISION OF LOT 11, BROAD BAY COLONY M.B. 288, PG. 1 GPIN: 1499-68-9219 NOW OR FORMERLY PARKER S. JARVIS & ) LAURA C. CAHILL R/W I.N. 20170825000730340 ' (40 LOT 25, BROAD BAY POINT M.B. 22, PG. 76 AD RO9 P. 4 GPIN: 1499-68-6193 8 Y .B. 2 LONG CRE A B M AD R O B EK ROAD (PRIVATE) /W) R (30' PRELIMINARY R OAD8 BA Y 4 P. 7 SUBDIVISION AD M.B .2 BRO OF LOT 8 BROAD BAY COLONY M.B. 29, PG. 48 VIRGINIA BEACH, VIRGINIA Graphic Scale GALLUP SURVEYORS & ENGINEERS (IN FEET) 323 FIRST COLONIAL ROAD 1 inch = 30 feet VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 (757)425-2390 FAX Packet Pg. 272 R:\06\06-58-Ellis, Rick-2620 Broad Bay Rd\Drawings\06-58 Pre-SubPlat 2024-05-29 for eddie.dwg, 5/29/2024 11:12:01 AM  6.L.a NOW OR FORMERLY NOW OR FORMERLY ANNA S MELICHAREK JON R. FLOYD LIVING TRUST I.N. 20200130000104690 I.N. 202103068000 LOT 10, BROAD BAY COLONY LOT 7, BROAD BAY COLONY M.B. 29, PG. 48 M.B. 29, PG. 48 GPIN: 1499-68-9441 GPIN: 1499-68-8414 Attachment: 01_ARF Package for Carl R. Ellis, Jr. (3976 : Carl R. Ellis, Jr (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of the Subdivisi) NOW OR FORMERLY DAVID A. DUBINSKY & CAROL E. DUBINSKY I.N. 20181226001050590 PROPOSED LOT B, SUBDIVISION OF LOT 24, LOT 8B NOW OR FORMERLY BROAD BAY POINT PROPOSED M.B. 47, PG. 23 DENNIS JAMES JANUCHOWSKI & GPIN: 1499-68-6277 LOT 8A HALLE McCLELLAND JANUCHOWSKI I.N. 202100004008 13.15' 13.41' LOT 11A, SUBDIVISION OF LOT 11, BROAD BAY COLONY M.B. 288, PG. 1 GPIN: 1499-68-9219 10.41' 10.86' 31 .00 ' NOW OR FORMERLY PARKER S. JARVIS & ) LAURA C. CAHILL R/W I.N. 20170825000730340 ' (40 LOT 25, BROAD BAY POINT 31 M.B. 22, PG. 76 .0 0' AD RO9 P. 4 GPIN: 1499-68-6193 8 Y .B. 2 LONG CRE A B M AD R O B EK ROAD (PRIVATE) ) 3 0 ' R/W ( R OAD8 PRELIMINARY BA Y P. 7 SUBDIVISION AD M.B . 24 BRO OF LOT 8 BROAD BAY COLONY M.B. 29, PG. 48 VIRGINIA BEACH, VIRGINIA Graphic Scale GALLUP SURVEYORS & ENGINEERS (IN FEET) 323 FIRST COLONIAL ROAD 1 inch = 30 feet VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 (757)425-2390 FAX Packet Pg. 273 R:\06\06-58-Ellis, Rick-2620 Broad Bay Rd\Drawings\06-58 Pre-SubPlat 2024-05-29 for eddie.dwg, 5/29/2024 11:12:02 AM